Policies

Producer Agreement

Effective date: June 19, 2024

To request a copy of this Producer Agreement, please send an email to producers@tenfive.app.

This Producer Agreement (“Agreement”) is a binding contract between you and Tenfive LLC. (“we”, “us”, “our”). It contains the rules that govern your use of Tenfive's products and services (referred to below simply as “Tenfive”) to publish and distribute your videos (“Episodes”) and the content they contain. If you use Tenfive for this purpose, or if you create a “channel” on Tenfive (“Channel”), you are a Producer. In this Agreement, we refer to people that subscribe to your Channel as Viewers.

Using Tenfive as a Producer means that you agree to this Agreement, and this Agreement will remain in effect while you use Tenfive as a Producer. This Agreement includes everything in this document, as well as those in the Terms and Conditions, Privacy Policy, Content Guidelines, Copyright Dispute Policy, and all other rules and procedures that may be published from time to time by us on Tenfive. In the event of any conflict between this Agreement and any other terms and conditions you have agreed to with Tenfive, this Agreement will prevail with respect to its subject matter.

You must be of legal age to form a binding contract to use Tenfive. If you aren't, you need to get your parent's or guardian's permission to use Tenfive, and your parent or guardian will agree to this Agreement on your behalf.

The Children's Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children. We do not knowingly collect or solicit personally identifiable information from children under 16; if you are a child under 16, please do not attempt to register for Tenfive or send any personal information about yourself to us.

If we learn we have collected personal information from a child under 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us personal information, please contact us at privacy@tenfive.app.

If you're agreeing to this Agreement on behalf of an organization or entity, you must be authorized to agree to this Agreement on that organization or entity's behalf and bind them to this Agreement (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).

If you don't agree to all of the following, you may not use or access Tenfive in any manner. If you have any questions, comments, or concerns regarding the Agreement or our products and services, please contact us at producers@tenfive.app.

Ownership

First and foremost, you own what you create. Any original content you post, upload, share, store, or otherwise provide to Tenfive remains yours and is protected by copyright and any other applicable intellectual property laws.

However, please note that you agree to grant us a limited license to your content in order to enable us to operate Tenfive. This license allows us to promote your content and help you succeed on Tenfive.

You agree that this limited license includes a worldwide, nonexclusive, sublicensable, royalty-free, fully paid-up, transferable right (a) to market your Channel and Episodes and to permit others to use, access, and view your Episodes through Tenfive, and (b) to use your tradename(s), trademark(s), and logo(s) in connection with the distribution and marketing of Episodes. For further details, please see “Posting Content on Tenfive” in the Terms and Conditions, which is incorporated into this Agreement by reference.

Pricing and Payments

You may offer your Episodes for free, or for a subscription fee, to be determined at your discretion. You may set and change the prices for your Episode at your discretion through your Producer account, though no price changes will apply retroactively.

If you choose to charge a subscription fee for your Episode, you agree to the following:

No Circumvention: You agree to process payments from Viewers only in the manner determined by us. This includes using the third-party payment processing platform (“Payment Processor”) we choose, and following any other rules we specify. You may not circumvent your payment obligations to us by soliciting payment from a Viewer outside of Tenfive or by using any alternative method to collect subscription payments. This includes receiving payments for your Episode through links to PayPal or a separate Patreon page. You agree to notify us immediately if you receive any such offer or solicitation to circumvent your payment obligations by contacting producers@tenfive.app.

Taxes: You agree that you shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value added taxes) related to your Episode.

Revenue Share: You agree that we will collect payment of all paid subscriptions to your Channel, and you agree to pay us a percentage of the total amount charged by you to Viewers (the “Revenue Share”). This amount will include fees deducted by the Payment Processor. The remaining amount will be remitted to you. The Revenue Share percentage is set between you and Tenfive during registration of your Producer account.

Revenue Share Payment: During the term of this Agreement, the Payment Processor will pay the Revenue Share owed to us. You agree to these payments and further agree that all Revenue Share payments are non-refundable.

Information Upon Request: You will provide us with all requested data or information about you and your Channel. This includes all payment and tax identification information, and you will ensure this information is accurate and up-to-date.

We may offer subscription packages directly to Viewers that bundle Channels and/or Episodes from one or more Producers (“Bundles”). We retain the exclusive discretion to determine the composition, pricing, and payment terms of any Bundles, but no content from your Channel will be included in a Bundle without your express consent. You agree that the terms of this Agreement apply to content distributed through Bundles as well as content distributed directly from your Channel and account.

Relationships with Viewers

You agree to the following rules around your relationships with Viewers and other users of Tenfive:

Sole Responsibility: You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any Episodes you distribute through Tenfive and for the consequences of your actions by doing so. This means that you acknowledge and agree that you are solely responsible for ensuring distribution of your Episodes, our actions under this Agreement are solely to assist you in facilitating distribution.

Stopping Publication or Deleting an Episode: You may delete one or more of your Episodes from Tenfive at your discretion. However, please note that if you delete or stop publishing a Episode before the end of a paid subscription term of a Viewers, any and all obligations -- including any refund obligations for the remaining portion of the subscription term -- are solely your responsibility. We are under no obligation to issue any refunds to you or your Viewers and we are entitled to keep any and all portions of any Revenue Share you have paid Tenfive.

Disputes: If there is a dispute between you and a user about payments or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute. We are not liable for your relationship with users, and we won't provide you with any legal advice regarding such matters.

Reporting a User: You can report a user who is violating our Terms and Conditions by sending an email to privacy@tenfive.app. After you provide us with written notice of this violation, we will determine whether this user's access to some or all of your Episodes should be suspended or terminated. We will also decide at our sole discretion whether this user's access to the rest of Tenfive will be suspended or terminated.

Support: You shall provide to us a current email address to which we may direct inquiries from Viewers and other Tenfive users regarding your Episodes.

Acceptable Use

You are responsible for all your activity in connection with Tenfive!

Make sure that you use Tenfive in a manner that complies with the law and is permitted by this Agreement. If your use of Tenfive is prohibited by applicable laws, then you aren't authorized to use Tenfive. We can't and won't be responsible for you using Tenfive in a way that breaks the law.

You also represent and warrant that you will not publish Episodes or otherwise use Tenfive in a manner that:

is fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, or in any way violates Tenfive's Content Guidelines;
interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of Tenfive or any third party;
infringes, violates, or misappropriates any law, statute, ordinance or regulation or rights of any third party;
spreads a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

Please review the “Acceptable Use Policy” detailed in the Terms and Conditions, as those rules are also incorporated into this Agreement by reference.

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall Tenfive, its licensors, or its suppliers be liable to you or to any other person for:

Any indirect, special, incidental, or consequential damages of any kind, or
Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us in connection with Tenfive in the twelve-month period preceding the applicable claim.

No Warranties

Tenfive is provided to you on an “as-is” basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of Tenfive will be uninterrupted or error-free.

Privacy

Tenfive takes privacy very seriously and is committed to processing your personally identifiable information (“Personal Information”) and that of other Tenfive users in accordance with applicable privacy and data protection legislation. For more information on how we process Personal Information please see our Privacy Policy.

Consistent with our own Privacy Policy, we may collect certain data on how Viewers engage with Episodes. We will share, at our sole discretion, some of this information with you. You agree that Tenfive is under no obligation to share this data with you.

Please note that our Privacy Policy only applies to the processing of Personal Information by Tenfive as a data controller, meaning whenever we process Personal Information for our own purposes. Where Tenfive processes Personal Information on behalf of you as a Producer, Tenfive qualifies as a data processor and you qualify as a data controller for the purposes of applicable data protection law that uses these terms.

In that case the following terms apply to such data processing:

Each party shall comply with their respective statutory or regulatory data protection obligations.
Tenfive shall process Personal Information in accordance with your instructions. Tenfive shall have no liability whatsoever for violations of privacy and data protection laws that arise as a result of Tenfive following your instructions under the Agreement.
If you collect, use, store or otherwise process Personal Information provided by or collected from Tenfive users, you must do so securely and only for as long as it is needed and always in accordance with applicable privacy and data protection laws.
You are solely responsible for complying with any laws and regulations that apply to your processing of Personal Information on the Tenfive platform.
You shall ensure that all Personal Information that you supply or disclose to Tenfive has been obtained fairly and lawfully and that you have obtained all necessary consents and/or privacy notices required to permit Tenfive to fulfill its obligations under this Agreement.
If you are a business for the purposes of the California Consumer Privacy Act of 2018 (“CCPA”), you may elect to have us act as your CCPA service provider. Contact us at producers@tenfive.app to receive a copy of our service provider agreement.

To the fullest extent allowed by applicable law, you agree to indemnify and hold Tenfive, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims (including but not limited to fines or other sanctions imposed by data protection authorities) for any violations of this Producer Agreement or applicable privacy and data protection laws attributable to you.

Terminating Your Account

Either party may terminate this Agreement at any time for any reason. Upon such termination of this Agreement, your right to use Tenfive will immediately cease.

We may terminate this Agreement or terminate, suspend, or restrict your access to or use of Tenfive at any time, for any reason. Reasons that may lead to us terminating or restricting access to Tenfive include a breach of any of the terms or conditions of this Agreement, your offensive or unacceptable behavior, objectionable material, or any other actions in violation of guidelines we specify. We will notify Producers as soon as reasonably practicable if Producers' access to Tenfive is suspended or substantially limited due to technical problems with the platform.

You agree that this means that Episodes (or any content therein) may be removed from Tenfive at any time, at our discretion. You also agree that we retain the right to immediately halt the distribution of Episodes at our discretion.

Changes to this Agreement

We reserve the right to change the Agreement at any time, but if we do, we will bring it to your attention by placing a notice on the website, by sending you an email, and/or by some other means.

If you don't agree with the new Agreement, you are free to reject it; unfortunately, that means you will no longer be able to use Tenfive. If you use Tenfive in any way after a change to the Agreement is effective and notice has been provided, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of this Agreement will be effective unless in writing and signed by both you and us.

Miscellaneous Terms

The above covers most of the questions that we typically receive about Tenfive. We have grouped provisions that come up less frequently below:

Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold Tenfive, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any third party claims relating to (a) your use of Tenfive (including any actions taken by a third party using your account), and (b) your violation of this Agreement. In the event of such a claim, suit, or action, we will attempt to provide notice to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Assignment: You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, or your Tenfive account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate this Agreement and our rights and obligations without consent.
Choice of Law: This Agreement is governed by and will be construed under applicable federal law and the laws of the State of California, without regard to the conflicts of laws provisions thereof.
Arbitration: This Agreement will be construed under the laws of the State of California, without regard to conflicts of law provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Los Angeles County, California, using the English language in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Streamlined Arbitration Rules and Procedures of JAMS. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in, respectively, Los Angeles County, California, or the Central District of California. The prevailing party in any action or proceeding arising out of this Agreement will be entitled to an award of costs and attorneys' fees.
No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under this Agreement.
No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Tenfive LLC, and you do not have any authority of any kind to bind us in any respect whatsoever.
Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable.
Survival: You agree that the terms under the heading “Privacy”, “Sole Responsibility”, “Acceptable Use”, “Indemnification”, “Stopping Publication or Deleting a Episode”, “No Warranty”, “Limitation of Liability”, “Assignment”, “No Joint Venture”, “Severability”, “Arbitration”, and “Entire Agreement”, and any payment obligations incurred shall survive termination of this Agreement.
Entire Agreement: You agree that this Agreement is the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.