Affiliate Agreement

Last Updated: 2024/08/15

This Affiliate Agreement ("Agreement") is made between embervale.tv ("Company") and the undersigned affiliate ("Affiliate" or "Streamer") as of the date signed below.

Enrollment in the Affiliate Program

To enroll in the Affiliate Program, the Streamer must complete the application form and be accepted by the Company. The Company reserves the right to accept or reject any application at its sole discretion.

Referral Codes and Commissions

Streamers have the opportunity to create and personalize a unique referral code that they can share with their audience.
When users purchase virtual items in the game using the Streamer’s referral code, the Streamer will earn a commission equal to 20% of the generated income after tax.
The minimum payout amount is €50.
Any transaction fees incurred will be subtracted from the payout.
Please note that purchases made by the Streamer themselves do not qualify for commissions.

Qualifying Purchases

A "Qualifying Purchase" of a Custom Virtual Good occurs when: (a) a user successfully purchases a Custom Virtual Good(s) through our Services using the Streamer’s referral code; and (b) the Company receives a fully settled payment for the purchase from the user. If the Company pays the Streamer a commission based on a Qualifying Purchase and later issues a refund, credit, or receives a chargeback related to that purchase, the Company reserves the right to offset the amount of the previously paid commission against future commissions or other amounts payable to the Streamer under this Agreement. Alternatively, the Streamer may be required to repay that amount to the Company.

Payouts

Payouts will be made on the 20th of the following month after the minimum payout threshold is reached.
Payouts will be processed through PayPal only.
If a third-party payment processor does not pay the Company in a timely manner, the Company reserves the right to postpone payouts.

Termination and Modification

The Company reserves the right to terminate the Streamer’s participation in the Affiliate Program at any time and for any reason.
If the Streamer violates this Agreement or the Company’s Terms of Service, the Company may terminate the Streamer’s participation in the Affiliate Program without notice.
The Company reserves the right to modify the terms of this Agreement at any time. Continued participation in the Affiliate Program after any modifications constitutes acceptance of the new terms.
Upon termination of the account or Agreement, the Streamer’s creator code will be deactivated for future payments. Any earned balance will be paid out in the next monthly payout cycle if it exceeds the payout threshold. If the balance is below the threshold, the amount will be forfeited.

Affiliate Dashboard

The Affiliate Dashboard is provided for the Streamer’s convenience and offers an estimate of earnings.
The final numbers displayed in the Affiliate Dashboard may differ from the actual payout amount.

Age Requirement

Streamers must be at least 18 years old to participate in the Affiliate Program.

Fraudulent Transactions

If transactions are suspected to be fraudulent, they may be held for up to 180 days for investigation before any payouts are made.

Program Changes

The Company reserves the right to change, modify, or discontinue the Affiliate Program at any time. Changes will be communicated via the provided paypal email. Continued participation after changes indicates acceptance.

PayPal Information

The Streamer must submit their correct PayPal email address to receive payouts. If an incorrect PayPal email is submitted and the funds cannot be returned, the funds will be considered lost. It is the Streamer’s responsibility to provide accurate information.

Creator Code Responsibility

It is the Streamer's responsibility to choose an appropriate creator code. If the selected code is deemed offensive or inappropriate by the Company, we reserve the right to delete it without notification. Any transactions made using the deleted code will not be added to the Streamer’s commissions.

Featured Streams Guidelines

To be featured:
You must be an active Patreon supporter at one of the following tiers: Epic, Legendary, Mythical, or Royal.
Your Patreon account must be linked to your Twitch account on our website, and you must be enrolled in our affiliate program.

Display & Categorization:
Your placement and visibility are determined by your Patreon tier. Higher tiers receive more prominent placement and larger stream previews (if applicable).
Featured streams are showcased on our website, Discord, and on https://www.twitch.tv/embervaleTV/
While we strive to feature all eligible streamers, space is limited. If necessary, we may rotate streams to ensure fair exposure for everyone.
Streams are displayed only when the streamer is live.

Content Guidelines:
We reserve the right to remove your stream from the featured list without prior notice if your content includes any of the following: Streaming more than 112 hours per week.
Gambling-related content.
Any content that we deem harmful to the reputation of Embervale.TV.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of Malta. Class action procedures are waived.

Indemnification

The Streamer agrees to indemnify the Company against claims arising from their participation in the program.

Severability and Entire Agreement

If any part of this Agreement is found invalid, the rest remains enforceable.
This Agreement constitutes the entire understanding between the parties and supersedes prior agreements.