Akme Seller Addendum

This Akme Seller Addendum is a part of Akme’s Seller Terms of Service Agreement  and sets forth the terms and conditions by which you may (a) offer content for sale using our Akme (“Akme On Demand”) platform.

1. Eligibility.

To sell or offer content through Akme On Demand, you must use and maintain an Akme account that allows Akme On Demand distribution.

2. Selling Options.

For title-by-title sales, you may select: (a) the purchase option (rent); (b) the price per title; (c) the rental period; and (d) the distribution territory. The default territory is All Countries unless otherwise displayed at the point of purchase. The default rental period is from the time of purchase until 30 days after the live event, unless otherwise displayed at the point of purchase.

3. User Content.

Akme virtual products allow members or end users to submit comments on a virtual product, such as an Akme event with its online forums and posts that you moderate, you must moderate your products to ensure that content is consistent with our Acceptable
Use Policy
.

4. Licenses.

4.1 Limited License. You hereby grant Akme the right and license to reproduce, distribute, transmit, sublicense (to end users for their personal viewing), transcode, publicly perform and exhibit, and otherwise exploit and promote the video (and all related content that you may upload, including poster and product description) in accordance with your choices. You also grant Akme the right (but not the obligation) to use and authorize others to use your name(s), likeness(es), biographical material(s), or voice(s), as contained in the content you upload, in any media for the purpose of promoting your products or series.

4.2 License Period. The above licenses will continue so long as you offer content for sale. If you remove content, Akme (a) will cease offering it for sale to new viewers; and (b) may, in its discretion, continue to make the content available to those users who previously purchased the content or provide full or partial refunds to such persons.

5. Economics.

5.1 Your Revenue. To the extent that Akme collects revenue from consumers with respect to the sales of your products, Akme will charge the applicable fees set forth below and, subject to the terms hereof, remit the remaining amounts, less taxes, chargebacks and any related fees, and refunds to you (such net amounts, “Creator Revenue”).

5.2 Akme On Demand Fee.
For Self-Service plans, for each sale on Akme On Demand, you agree to pay Akme a service fee equal to a minimum of $2.00 USD for transactions under $10.00 USD or 20% of the transaction amount for transactions over $10.00 USD plus the Transaction Costs.

5.3 “Transaction
Costs” are amounts paid by Akme to third parties to facilitate a transaction and include, without limitation, payment processing fees, foreign exchange fees, 
SoCan fees or equivalent, and 3rd party platform fees (e.g., for in-app purchase, if applicable).

5.4 Enterprise Agreements.
If you have a negotiated agreement with Akme that provides for a different fee structure than Self-Service, the terms of that agreement will control.

5.5 Third-Party Platform
Fees. You are solely responsible for any fees charged by third-party app platforms which may include, without limitation, developer account fees and in-app purchase fees.

5.6 Promotional Codes. As our sole discretion we may make promotional codes available to you to distribute your content to backers, reviewers, and friends and family for viewing without charge. You may not sell promotional codes or otherwise use them to distribute your content in exchange for payment or other consideration without Akme’s prior written consent. We reserve the right to offer, rescind, or restrict promotional codes at any time for any reason.

5.7 Payment Terms. Akme will pay you Creator Revenue within thirty (30) days of the end of each month in which such revenue was earned. For Akme On Demand Creator Revenue, Akme will make all payments to your PayPal account or other payment method supported by Akme.

5.8 Delayed events The Event Host may change the start date and time for any Akme virtual product at any time. In the case where an Event Host cannot complete their Akme event at the designated date and time in Akme, for any reason whatsoever, the Event Host may delay the event to another date and time at its discretion. Akme and the Event Host do not offer Akme virtual ticket refunds to end-users for a delayed event since the end-user is granted a nonexclusive limited license immediately upon product purchase to the virtual product’s content.

5.9 Consumer Refunds and
Chargebacks. Akme may, but will not be required to, provide refunds to consumers where: (a) Akme reasonably believes that the consumer was unable to stream the titles in a manner consistent with the purchase terms; (b) Akme determines that a refund is appropriate based on its internal policies (which will be provided to you upon request); (c) Akme suspects fraud; (d) the title is subject to a notice of alleged intellectual property infringement; or (e) you have breached the terms of Akme’s Terms of Service. You authorize Akme to dispute any chargebacks made by consumers and you agree to assist Akme in such dispute. Successful refunds and chargebacks will reduce revenue payable to you but will not reduce fees payable to Akme.

5.10 Reservation of Rights. Akme shall have no obligation to pay Creator Revenue with respect to any transaction (a) that is the subject of a refund or chargeback; (b) that Akme reasonably determines is fraudulent; or (c) that involves content or conduct that violates Akme’s Terms of Service. You must repay Akme any amounts you have received with respect to any of the foregoing. Akme may withhold amounts or make adjustments to Creator Revenue: (a) to satisfy any amounts owed by you to Akme; (b) to provide a reserve for anticipated or provided refunds or chargebacks; or (c) pending any investigation of breach of our Terms of Service, fraud, or other illegality.

5.11 Currency. If we permit it and you request payment of Creator Revenue in a currency other than U.S. dollars, we will charge a foreign exchange fee. At its sole discretion, Akme may permit you to sell content in currencies other than U.S. dollars. Transactions in foreign-denominated currencies will be converted into U.S. dollars for each day of sales based upon the day’s final exchange rate as reasonably calculated by Akme. For clarity, a day is determined by reference to the time zone applicable to New York City. All amounts will be paid out in U.S. dollars or, at Akme’s option, the currency of your country.

6. Taxes.

You are solely responsible for determining and complying with your tax obligations. Akme does not provide legal, tax, or accounting advice. You should consult your tax advisors concerning the application of tax laws to your particular situation.

6.1 Income Taxes. Income taxes are solely your responsibility. Akme may withhold amounts from any amounts due to you that Akme determines in good faith must be withheld pursuant to tax law. Akme may file reports concerning income with any taxing authority, including the Canada Revenue Agency or U.S. Internal Revenue Service. You must provide all tax and identity documentation that we request in order to make payments to you.

6.2 Sales Taxes. Akme may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where Akme believes in good faith that VAT collection is required, Akme may collect VAT on a “VAT-inclusive” basis, meaning that it will charge the retail price of the item and deduct applicable VAT from the amounts received from the purchaser.

7. Compliance.

You must comply with Akme’s Terms of Service at all times. Akme may suspend, limit, or disable your participation in Akme On Demand at any time, with or without notice, for any violation of our Terms of Service.

7.1 Compliance with Laws. You must comply with all applicable privacy laws, including, potentially: GDPR, CCPA, the Children’s Online Privacy Protection Act (COPPA), the CAN-SPAM Act of 2003, and the Video Privacy Protection Act.

7.2 Privacy Policy. You must comply with our Privacy Policy and you must comply with all applicable laws and accurately describe your use of consumer personal data. Akme will not review any such policy for compliance. If you link to a Akme-issued privacy policy, Akme makes no representations or warranties that this policy will satisfy your legal obligations.

7.3 Children’s Privacy. If your product’s content is directed to children under the age of 13, you must: (a) indicate that the product is “Made For Kids” on the Akme platform and relevant app stores, if applicable; and (b) comply with COPPA. As between you and Akme, you are solely responsible for ensuring that your product and/or apps comply with COPPA.

7.4 Data Processing Agreement. Akme’s collection and use of personal data is governed by our Privacy Notice.

7.5 Consumer Terms of Service. You agree that each consumer’s use of your product will be subject to Akme’s standard Conditions of Use and AKME On Demand Viewer agreement.

 

Last Updated: January 9, 2024