Content Provider/Creator Agreement

Last Updated January 2024

Content Provider/Creator Agreement

This Content/Creator Agreement is entered into by and between AllAdmirers and the "Creator" as of (date joined). BY USING OUR WEBSITE AS A CREATOR YOU AGREE TO THESE TERMS – PLEASE READ THEM CAREFULLY

Introduction: This Content Provider/Creator Agreement are additional terms which apply if you use AllAdmirers as a Creator (also referred to as "you" and "your" in these Terms of Use for Creators). These Content Provider/Creator Agreement form part of your agreement with us. A). Content Creation: Creator agrees to produce and upload original adult content to the Platform in accordance with the Platform's guidelines and standards.

B). Revenue Sharing: Creator shall be entitled to a share of revenue generated from the distribution of their content on the Platform, as outlined in the Platform's revenue sharing terms.

C). Termination: Either party may terminate this Agreement upon written notice to the other party. Upon termination, the Platform may remove Creator's content from the Platform.

D). Compliance: Creator agrees to comply with all applicable laws, regulations, and Platform guidelines while using the Platform.

E). Governing Law: This Agreement shall be governed by and construed in accordance with the laws of New York.
Interpretation: This Content Provider/Creator Agreement will require creators to also follow our Terms of Service and:
1. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the USA or any other jurisdiction.
Other terms which will apply to your use of AllAdmirers: The following terms will also apply to your use of AllAdmirers and you agree to them:
1. Our Terms of Service
2. Our Privacy Policy – which tells you how we use your personal data and other information we collect about you;
3. Our Acceptable Use Policy– which tells you what you can and can’t do on AllAdmirers;
4. Our Complaints Policy – which sets out the procedure for making a complaint about any aspect of AllAdmirers, and how we will deal with that complaint.
What are the fees that we charge Creators for the use of AllAdmirers? We charge a fee to you of ten per cent (10%) of all Admirer Payments made to you (exclusive of any Tax element of the Admirer Payment) (called Our Fee. The remaining ninty per cent (90%) of the Admirer Payment (exclusive of any VAT element of the Admirer Payment) is payable to you (called "Creator Earnings"). Our Fee includes the costs of providing, maintaining and operating AllAdmirers and storing your Content. Our Fee is deducted from the Admirer Payment, and Creator Earnings are paid to you.
How to set up your account as a Creator account: To set up your account as a Creator account:
1. You will need on your User account page to upload a valid form of ID.
2. You will need on your User account page to add a bank account or payment details of your bank account or a payment method.
3. You will need on your User account page to select one of the available methods provided by AllAdmirers as to how your Creator Earnings will be transferred to you. These methods are called Payout Options.
4. You may also need to submit additional information depending on the country where you live.
5. We may ask you for additional age or identity verification information at any time. We may reject your application to set up a Creator account for any reason, including the reasons stated in our Acceptable Use Policy.
6. Once you have set up your account as a Creator account, then if you want to charge your Admirers a monthly subscription fee.
7. You will then be able to start adding Content and Users will be able to subscribe to your account to become your Admirers.
8. If you lose access to your account, you can reset your password, but you will need to know the email address used to set up the account to do so. If you do not recall the email address used to set up the account, we may require you to provide identification documents and photos and any additional evidence we may reasonably require to prove your identity.
Personal legal responsibility of Creators: Only individuals can be Creators. Every Creator is bound personally by the Terms of Service. If you have an agent, agency, management company or other third party which assists you with the operation of your Creator account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and not with any third party, and you will be legally responsible for ensuring that all Content posted and all use of your account complies with the Terms of Service.
Admirer/Creator Transactions: This section describes the terms which apply to Admirer/Creator Transactions:
1. All Admirer/Creator Transactions are contracts between Admirers and Creators on the terms of the Admirer/Creator contract. Although we facilitate Admirer/Creator Transactions by providing the AllAdmirers platform and storing Content, we are not a party to the Admirer/Creator Contract or any other contract which may exist between an Admirers and Creator, and are not responsible for any Admirers/Creator Transaction.
2. Admirers Payments are exclusive of VAT, which shall be added at the current rate as applicable to Admirer Payments.
3. When you receive confirmation from AllAdmirers, either in the ‘Statements’ page of your User account or by email (or both), that the Admirer/Creator Transaction has been confirmed, you must perform your part of such Admirer/Creator Transaction (for example, by allowing the Admirer to view the Content on your Creator account and/or providing the customised Content paid for by the Admirer and/or allowing the Admirer to use the Admirer interaction function paid for (as applicable)). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation).
Content – general terms: In addition to the terms set out elsewhere in the Terms of Service (in particular in our Acceptable Use Policy, the following terms apply to the Content posted, displayed, uploaded or published by you as a Creator on AllAdmirers:
1. You authorize your to access and view your Content on AllAdmirers for their own lawful and personal use, and in accordance with any licenses that you grant to your Admirers.
2. You warrant (which means that you make a legally enforceable promise to us) that for each item of Content which you post, display, upload or publish on AllAdmirers:
  1. the Content complies in full with the Terms of Service (and in particular our Acceptable Use Policy;
  2. you hold all rights necessary to license and deal in your Content on AllAdmirers, including in each territory where you have Admirers and in the United States;
  3. you either own your Content (and all intellectual property rights in it) or have a valid license to offer and supply your Content to your Admirers;
  4. if your Content includes or uses any third-party material, you have secured all rights, licenses, written consents and releases that are necessary for the use of such third-party property in your Content and for the subsequent use and exploitation of that Content on AllAdmirers; and
  5. the Content is:
    1. of satisfactory quality, taking account of any description of the Content, the price, and all other relevant circumstances including any statement or representation which you make about the nature of the Content on your account or in any advertising;
    2. reasonably suitable for any purpose which the Admirer has made known to you is the purpose for which the Admirer is using the Content; and
    3. as described by you.
3. You agree that you will be liable to us and indemnify us if any of the warranties at section 9(b) is untrue. This means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of any of the warranties being untrue.
4. We are not responsible for and do not endorse any aspect of any Content posted by you or any other User of AllAdmirers. We do not have any obligation to monitor any Content and have no direct control over what your Content may comprise.
5. You also agree to act as custodian of records for the Content that you upload to AllAdmirers.
Advertising on AllAdmirers:
1. If you post or upload video Content to your Creator account which is designed to promote, directly or indirectly, a third-party goods, services or image in return for payment, other valuable consideration, or self-promotional purposes (including advertising, sponsorship, and product placement) (together "Advertising Content"), then you must comply with the requirements set out in sections 10(b) and (c) of these Terms of Use for Creators.
2. Requirements – Advertising Content: You must ensure that any Advertising Content which you post to your Creator account:
  1. does not:
    1. prejudice respect for human dignity;
    2. include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation;
    3. encourage behaviour prejudicial to health or safety;
    4. encourage behaviour grossly prejudicial to the protection of the environment;
    5. cause physical, mental or moral detriment to any person;
    6. directly urge persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity;
    7. directly encourage persons to persuade others to purchase or rent goods or services;
    8. exploit the trust of persons in others; or
    9. unreasonably show persons in dangerous situations;
  2. does not advertise cigarettes and other tobacco products, electronic cigarettes and electronic cigarette refill containers, illegal drugs, or any prescription-only medicine;
  3. does not advertise, promote, or facilitate illegal gambling, and
  4. in respect of any Advertising Content for alcoholic drinks, is not aimed at minors and does not encourage immoderate consumption of alcohol.
3. Transparency requirement - Advertising Content: You must declare that any Advertising Content which you post or upload to AllAdmirers contains advertising by including the signifier #ad in the caption to the Advertising Content before posting or uploading.
Co-authored Content:
1. If you upload Content to your Creator account which shows anyone else other than or in addition to you (even if that person cannot be identified from the Content) ("Co-Authored Content"), you warrant (which means you make a legally enforceable promise to us) that each individual shown in any Co-Authored Content uploaded to your account is i) a Creator on AllAdmirers; or ii) a consenting adult, and that you have verified the identity and age of each such individual and will provide supporting documents as we may request in our discretion.
2. You further warrant that you have obtained and keep on record written consent from each individual shown in your Co-Authored Content that such individual:
  1. has given his or her express, prior and fully informed consent to his or her appearance in the Co-Authored Content; and
  2. has consented to the Co-Authored Content in which he or she appears being posted on AllAdmirers.
3. In addition to the confirmations in sections 11(a) and (b) above, you agree that if you upload Co-Authored Content where the other person or people appearing in the Content maintain a Creator account on AllAdmirers, you will tag the AllAdmirers account(s) of any person or people appearing in the Co-Authored Content who can be identified from it.
4. If any Co-Authored Content is a work of joint authorship, you are solely responsible for obtaining any required licenses or consents from any other joint authors of the Content which are sufficient to permit such Content to be uploaded to and made available on AllAdmirers.
5. You agree that we will only arrange for Creator Earnings to be paid to the account of the Creator to which the Co-Authored Content is uploaded. The Creator who uploaded the Co-Authored Content is solely responsible for dividing and distributing any revenue generated from the Co-Authored Content between the individuals shown in such Co-Authored Content. Any such revenue-sharing agreement shall be an independent, private agreement between you and such individual(s), and we are not responsible for providing or enforcing any such agreements. You understand and agree that you are not entitled to any Creator Earnings earned on any Co-Authored Content in which you appear but which is posted on another Creator’s account. If you post Co-Authored Content on your account, we may require you to provide valid and complete legal information for all individuals which appear in the Co-Authored Content. If you fail to provide any information requested by us upon our request, we may delete the Co-Authored Content, restrict your rights and permissions to post as a Creator, terminate your account, and/or withhold all or any portion of Creator Earnings earned but not yet paid out to you.
6. You agree to release us from and not to make any claims against us arising from Co-Authored Content. You agree that all claims arising from Co-Authored Content shall be made against the Creator(s) who posted Co-Authored Content or the individual(s) who appeared in the Co-Authored Content (as applicable).
Payouts to Creators:
1. All Admirer Payments will be received by a third-party payment provider approved by us.
2. If you have chosen the Stripe Payout Option, Stripe will collect the Admirer Payment and pay the Creator Earnings to your bank account.
3. Where Stripe is not the Payout Option chosen by you, Our Fee will be deducted from the Admirer Payment received and your Creator Earnings will be held by us or one of our subsidiary companies on your behalf.
4. Your AllAdmirers account will be updated within a reasonable time with your Creator Earnings. Your Creator Earnings will become available for withdrawal by you from your AllAdmirers account once such Creator Earnings appear in your AllAdmirers account.
5. To make a withdrawal of Creator Earnings from your AllAdmirers account, you must have at least the minimum payout amount in your AllAdmirers account. Please click on the Banking page on your account to see what the minimum payout amount is for your country of residence and Payout Option.
6. The amount that you see in your ‘current balance’ in your AllAdmirers account is your Creator Earnings at the relevant time. All Admirer Payments and Creator Earnings are transacted in USD only. If you have chosen the "Stripe" Payout Option then the Admirer Payments and Creator Earnings figures will be reflected in your local currency, at an exchange rate controlled by Stripe. Your bank may charge you currency conversion or transfer fees to receive the money. Additionally, your e-wallet company may charge you a fee for accessing the money. We do not have control over currency exchange rates or charges imposed by your bank or your e-wallet company, and we and our subsidiary companies will not be responsible for paying any charges imposed by your bank or your e-wallet company.
7. If a Admirer successfully seeks a refund or chargeback from their credit card provider in respect of an Admirer Payment made to you, we may investigate and may decide to deduct from your account an amount equal to the Creator Earnings earned by you on the charged-back or refunded amount.
8. Except for Payout Options involving payment by direct bank transfer, we do not store any data disclosed by you when you register your Payout Options with a third-party payment provider.
Circumstances in which we may withhold Creator Earnings:
1. We may withhold all or any part of the Creator Earnings due to you but not yet paid out:
  1. if we think that you have or may have seriously or repeatedly breached any part of the Terms of Service;
  2. if you attempt or threaten to breach any part of the Terms of Service in a way which we think has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User); or
  3. if we suspect that all or any part of the Creator Earnings result from unlawful or fraudulent activity, either by you or by the Admirer who made the Admirer Payment resulting in the Creator Earnings,
  for as long as is necessary to investigate the actual, threatened or suspected breach by you or the suspected unlawful activity (as applicable). If following our investigation, we conclude that (i) you have seriously or repeatedly breached any part of the Terms of Service; (ii) you have attempted or threatened to breach any part of the Terms of Service in a way which has or could have serious consequences for us or another User (including actual or possible loss caused to us or another User), and/or (iii) the Creator Earnings result from unlawful or fraudulent activity, we may notify you that you have forfeited your Creator Earnings.
2. We may also withhold all or any part of the Creator Earnings due to you but not yet paid out if we receive notice that you have secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on Creator Earnings. We undertake no duty to pay Creator Earnings to third-party lienholders and may withhold payment of Creator Earnings until the lien has been removed.
3. We shall not have any responsibility to you if we withhold or forfeit any of your Creator Earnings where we have a right to do so under these Terms of Use for Creators.
4. If we are withholding all or any part of the Creator Earnings due to you and we determine that part of the Creator Earnings withheld by us is unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity, then we may arrange for you to be paid the part of the Creator Earnings which we determine to be unrelated to breaches by you of the Terms of Service or suspected unlawful or fraudulent activity. However, you agree that if we consider that your breach(es) of the Terms of Service has or may cause us loss, we may withhold all Creator Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
5. If once we have finished our investigation we determine that Creator Earnings are forfeited, we will (unless prohibited by law) use our best efforts to ensure that any Admirer Payments which resulted in forfeited Creator Earnings are returned to the relevant Admirers who paid such Admirer Payments.