Creator Supplement

This creator supplement supplements SextConfidential’s Terms-of-Service Agreement, between SextConfidential and Creator. This supplement sets out the terms by which Creator may offer Content for sale and interact with Fans using the Website. Capitalized terms not defined in this supplement are defined in the Terms-of-Service Agreement.

• 1. Terms-of-Service Agreement

  The terms of the Terms-of-Service Agreement remain in full effect, except that if any inconsistency exists between this supplement and the Terms-of-Service Agreement, this supplement will prevail.

• 2. Definitions

  In this supplement, the following definitions apply:

  “Fan Payment” means all payments made by a Fan to Creator (1) for a Fan/Creator Transaction, or (2) by way of a tip for Creator.

  “Fan/Creator Transaction” means any transaction between a Fan and Creator on the Website by which access is granted to Creator Offerings, including in any of the following ways: (1) payments made by a Fan to view Creator’s pay-per-view Content, (2) use by Fan of fan interaction function on Creator’s account, and (3) payments made by Fan to Creator for any other paid feature available now or in the future.

  “Person with Majority Control” means any individual who meets one or both of the following conditions for an entity: (1) the individual holds, directly or indirectly, more than 50% of the ownership interest in that entity; or (2) the individual holds, directly or indirectly, more than 50% of the voting rights in that entity.

  “Tax” means all forms of tax and statutory, governmental, state, federal, provincial, local government, or municipal charges, duties, imposts, contributions, levies, withholdings, or liabilities wherever chargeable in any jurisdiction.

• 3. Eligibility

  Creator must be either (1) an individual who (A) is at least 18-years old (or the age of majority if higher) and (B) has the legal capacity to enter into legally binding contracts; or (2) an entity that (A) is duly organized in its jurisdiction of organization and (B) has the power and authority to enter into legally binding contracts.

• 4. Registration

  To register, Creator must complete the creator registration form and submit a copy of Creator’s valid government-issued picture identification (in color) that contains Creator’s (or if an entity, the owner’s) legal name, date of birth, and expiration date for identity and age verification purposes. If Creator lives in the US, Creator must also submit a completedW-9 Form. If Creator lives outside the US, Creator must submit a completed W-8BEN Form. Creator hereby authorizes SextConfidential to verify the validity of Creator’s (or if an entity, the owner’s) government-issued picture identification with a third-party verification service. By registering, Creator states that the following facts are accurate: (1) all account registration information is accurate; (2) if Creator previously had an account, Creator’s old account was not terminated or suspended by SextConfidential for violation of this supplement or the Terms-of-Service Agreement; (3) Creator’s registration is for Creator’s own use, and Creator must not otherwise sell, rent, or transfer Creator’s account to another person; and (4) Creator must not use any third-party payment provider to accept payments for any Creator Offerings.

• 5. Payout Percentages

  SextConfidential will deduct a payout percentage equal to 40% texts and media messages, 30% phone calls, video calls and feed post unlocks and 30% tips of all Fan Payments made to Creator (exclusive of any Tax element of the Fan Payment) for using the Website (“Payout Percentage”). SextConfidential will pay the remaining 60% texts and media messages, 70% phone calls, video calls and feed post unlocks and 70% tips of the Payout Percentage (exclusive of any Tax element of the Fan Payment) to Creator (“Creator Earnings”). From time to time, SextConfidential may pay eligible Creators a higher revenue share during special promotions (thus temporarily reducing the Platform Fee). Any higher revenue shares will be subject to the terms set out in the promotion. The Payout Percentages includes SextConfidential’s cost of providing the services (including hosting and storing the Content) and maintaining and operating the Website. SextConfidential will deduct the Payout Percentages from the Fan Payment, and SextConfidential will pay the Creator Earnings to Creator as set out in section 11.

• 6. Creator Offerings

  (a) Creator may create a profile (“Creator Profile”) on the Website to display and offer various Content and services for sale, including video calls, phone calls, video messages, audio messages, texts, photos, and any other paid features available now or in the future (collectively, “Creator Offerings”). Any image or photo used as a profile picture or avatar on the Creator Profile must accurately reflect Creator’s appearance. SextConfidential may use Creator’s fictitious name, likeness, biography, trademarks, logos, or other identifiers used by Creator in the Creator Profile to display those properties to the public or audiences Creator has specified. Creator may revoke the preceding permission by deleting Creator’s account. SextConfidential may identify Creator Profiles in its marketing and investor materials.

  (b) Creator may create, upload, send, or display various Content. Creator acknowledges that SextConfidential merely provides Creator the means to distribute Content through SextConfidential’s computer systems. Content must not include nonparty intellectual property (including copyrighted material) unless Creator has a written license or consent from that person or is otherwise legally entitled to do so. Creator hereby (1) consents to be depicted in the Content; (2) consents to allow for the public distribution of the Content and to upload the Content to the Website; and (3) if the Content will be made available for downloading by users, consents to have the Content downloaded.

• 7. Record-Keeping Requirements

  (a) Creator must obtain and keep on record written consent from all persons (including Creator) depicted in the Content specific to the following areas: (1) consent to be depicted in the Content; (2) consent to allow for the public distribution of the Content and to upload the Content to this Website; and (3) if the Content will be made available for downloading by users, consent to have it downloaded.

  (b) Your identity and age will be verified by Ondato - https://www.ondato.com. This is required in order to post content on our site. Through Ondata, we will have verified the identity and age of all persons depicted in your Content to ensure that all persons depicted are adults and you can provide supporting documents to us on request.

  (c) Creator must comply with the federal record-keeping and labeling requirements codified at 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75 for all Content that contains visual depictions of actual sexually explicit conduct. Creator must obtain and keep all records necessary to demonstrate that Creator complies with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including legible copies of picture identification cards (as defined by 28 C.F.R. 75.1) for each individual appearing in any Content on the date of the production of that Content. Creator or a third-party service provider must act as the “Custodian of Records” as required by 28 C.F.R. Part 75 and must keep all required records at Creator’s or that third party’s primary address. Creator must make available to SextConfidential or any government official, and copy at SextConfidential’s request, all records required to be kept under 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75.

• 8. Fan Purchases

  (a) All Fan/Creator Transactions are contracts between the Fan and Creator on the terms of the Standard Agreement between Fan and Creator. Although SextConfidential facilitates Fan/Creator Transactions by providing the Website, storing Content, and acting as a payment intermediary, SextConfidential is not a party to the Standard Agreement between Fan and Creator or any other contract that might exist between a Fan and Creator, and SextConfidential is not responsible for any Fan/Creator Transaction.

  (b) Creator is solely responsible for setting prices for Creator Offerings. Fans must submit payment using an approved payment method through the Website’s billing interface. Creator must not use any nonparty payment provider (including Paxum, PayPal, Venmo, Zelle, etc.) to accept payments for any Creator Offerings.

  (c) Fan Payments are exclusive of Taxes, which will be added at the current rate as applicable to Fan Payments.

  (d) When Creator receives confirmation from SextConfidential, either on the Website or by email or both, that the Fan/Creator Transaction has been confirmed, Creator must perform Creator’s part of that Fan/Creator Transaction (for example, by allowing the Fan to view the Content on Creator’s account, providing the Content paid for by Fan, or allowing the Fan to use the fan interaction function paid for). Creator shall indemnify SextConfidential against any breach by Creator of these obligations, including any loss or damage (including loss of profit) that SextConfidential suffers because of Creator’s failure to comply with these obligations.

• 9. Content Deletion

  Creator may delete the Creator Profile or remove Content at any time, on condition that the removal does not interfere with the licenses granted in this supplement and the Standard Agreement between Fan and Creator.

• Licenses

  (a) SextConfidential does not claim any ownership interest in the Content. Creator continues to retain any ownership interest that Creator might have in the Content subject to the licenses granted in section 10(b).

  (b) Creator hereby grants SextConfidential a license to reproduce, distribute, transmit, sublicense (to Fans for their personal viewing), transcode, publicly perform and display, create derivative works, and otherwise exploit and promote the Content (and all related materials that Creator might upload) on the Website and on SextConfidential’s social media accounts, including for advertising and marketing purposes. SextConfidential also may use and authorize others to use Creator’s stage name(s) or other fictitious name(s), likeness(es), biographical material(s), or voice(s), as contained in the Content, in any media to promote the Creator Profile, Content, and any other Creator Offerings.

  (c) The licenses granted in section 10(b) will continue for so long as Creator offers the Content for sale. If Creator removes Content, SextConfidential may continue to make the Content available to those Fans who previously purchased the Content or provide full or partial refunds to those persons. In addition, SextConfidential may retain archival copies: (1) for a limited period in case Creator wishes to restore it; (2) when the Content is the subject of a takedown notice or other legal claim; or (3) when SextConfidential in good faith believes that it is legally obligated to do so.

  (d) Creator hereby waives all claims Creator might now or later have in any jurisdiction to so-called “moral rights” or rights of droit moral in Content.

• 11. Creator Earning Payouts

  (a) All Fan Payments will be received by a nonparty payment provider approved by SextConfidential. SextConfidential will receive the Fan Payment from the relevant payment provider. SextConfidential will deduct the Platform Fee from Fan Payment and then will hold Creator Earnings for Creator in SextConfidential’s capacity as Creator’s agent. SextConfidential will pay Creator the Creator Earnings in accordance with the payout procedures set out at https://www.sextconfidential.com/faq. SextConfidential may add or remove payout methods at any time.

  (b) All Fan Payments and Creator Earnings are transacted in US dollars. Creator’s bank may charge Creator currency conversion or transfer fees to receive Creator Earnings. Additionally, Creator’s e-wallet company may charge Creator a fee for accessing the money. SextConfidential does not have control over currency exchange rates or charges imposed by Creator’s bank or e-wallet company, and SextConfidential is not responsible for paying any charges imposed by Creator’s bank or e-wallet company.

  (c) If Creator is an entity or sets up an entity to receive Creator Earnings, Creator must provide evidence to SextConfidential on request that Creator is the Person with Majority Control of that entity. Except as provided otherwise in this supplement, SextConfidential will only pay Creator Earnings into a bank account not held in Creator’s name where the bank account is held in the name of an entity and Creator is the Person with Majority Control of that entity. If Creator uses an entity to receive Creator Earnings, Creator must comply with all laws (including Tax laws) that are applicable to entities in the place where the entity is established.

  (d) If a Fan successfully seeks a refund or chargeback from their credit card provider for a Fan Payment made to Creator, SextConfidential may investigate and may deduct from Creator’s account an amount equal to Creator Earnings earned by Creator on the chargeback or refunded amount. Creator hereby authorizes SextConfidential to dispute any chargebacks made by Fans and Creator shall assist SextConfidential in that dispute. Successful refunds and chargebacks will reduce Creator Earnings payable to Creator but will not reduce Platform Fees payable to SextConfidential.

  (e) If SextConfidential cannot pay out Creator Earnings to Creator after 12 months because of inaccurate information in Creator’s account and SextConfidential cannot contact Creator, Creator will automatically forfeit Creator Earnings, and Creator Earnings will become SextConfidential’s property, except that Creator Earnings that are deemed unclaimed property will be turned over to the applicable governmental body if required by law.

  (f) If Creator disputes SextConfidential’s calculation of Creator Earnings, Creator must notify SextConfidential in writing no later than 30 days after that disputed calculation. Failure to notify SextConfidential within this period will result in Creator’s waiver of any claims related to that disputed calculation.

• 12. Creator Earnings Withholdings

  (a) SextConfidential may withhold Creator Earnings due to Creator but not yet paid out: (1) if SextConfidential believes that Creator has or might have materially or repeatedly breached any part of this supplement, the Website’s Terms-of-Service Agreement, credit card association standards, or law; (2) if Creator attempts or threatens to breach any part of this supplement or the Website’s Terms-of-Service Agreement in a way that SextConfidential believes could have serious consequences for it or another user (including actual or possible loss caused to SextConfidential or another user); or (3) if SextConfidential suspects that any part of Creator Earnings results from unlawful or fraudulent activity, either by Creator or by a Fan who made Fan Payment resulting in Creator Earnings, for as long as is necessary to investigate the actual, threatened, or suspected breach by Creator or the suspected fraudulent or unlawful activity. If after its investigation, SextConfidential concludes that (1) Creator has materially or repeatedly breached any part of this supplement, the Website’s Terms-of-Service Agreement, credit card association standards, or law; (2) Creator has attempted or threatened to breach any part of this supplement or the Website’s Terms-of-Service Agreement in a way that has or could have serious consequences for SextConfidential or another user (including actual or possible loss caused to SextConfidential or another user); or (3) Creator Earnings results from unlawful or fraudulent activity, SextConfidential may notify Creator that Creator has forfeited those Creator Earnings.

  (b) SextConfidential may also withhold Creator Earnings due to Creator but not yet paid out if SextConfidential receives notice that Creator has secured, encumbered, pledged, assigned, or otherwise allowed a lien to be placed on the Creator Earnings. SextConfidential is not required to pay Creator Earnings to nonparty lienholders and may withhold payment of Creator Earnings until the lien has been removed.

  (c) SextConfidential will not have any responsibility to Creator if it withholds or forfeits Creator Earnings where SextConfidential has the right to do so under this supplement.

  (d) If SextConfidential is withholding Creator Earnings due to Creator, and SextConfidential determines that part of Creator Earnings withheld is unrelated to Creator’s breach or suspected unlawful or fraudulent activity, SextConfidential may arrange for Creator to be paid the part of Creator Earnings that SextConfidential determines to be unrelated to Creator’s breach or suspected unlawful or fraudulent activity. However, Creator acknowledges that if SextConfidential determines that Creator’s breaches have or might cause SextConfidential losses, SextConfidential may withhold all Creator Earnings due but not yet paid and SextConfidential may set off those amounts against any losses SextConfidential suffers.

  (e) If after SextConfidential concludes its investigation, it determines that Creator Earnings are forfeited, SextConfidential will (unless prohibited by law) use reasonable efforts to ensure that any Fan Payments that resulted in forfeited Creator Earnings are returned to the relevant Fans who paid those Fan Payments.

• 13. Taxes

  (a) Taxes are solely Creator’s responsibility. SextConfidential recommends that Creator seek professional Tax advice to ensure that Creator is compliant with Creator’s Tax obligations under law based on Creator’s individual circumstances.

  (b) SextConfidential may withhold any amounts due to Creator that SextConfidential determines in good faith must be withheld under US Tax law or any other law.

  (c) SextConfidential may file reports concerning income with any taxing authority, including the US Internal Revenue Service.

  (d) Creator states that Creator has reported and will report in the future the receipt of all payments made to Creator to the relevant tax authority in Creator’s jurisdiction, as required by law.

  (e) Creator states that Creator will at all times comply with all laws and regulations relating to Tax that apply to Creator. If, at any point while Creator has an account on the Website, any Tax noncompliance occurs relating to Creator (including Creator’s failure to report Creator Earnings or the imposition on Creator of any penalty or interest relating to Tax) or if any litigation, inquiry, or investigation is brought against Creator that is in connection with, or that might lead to, any occurrence of Tax noncompliance, Creator must: (1) notify SextConfidential by email to support@sextconfidential.com in writing within five days of the occurrence of the Tax noncompliance or the filing of the litigation, inquiry, or investigation; and (2) promptly provide SextConfidential by email to support@sextconfidential.com with: (A) details of the steps that Creator is taking to address the Tax noncompliance and to prevent it from happening again, plus any mitigating factors that Creator considers relevant; and (B) that other information about the Tax noncompliance as SextConfidential may reasonably require.

  (f) Creator is solely responsible for Creator’s own Tax affairs and SextConfidential (1) is not responsible for advising Creator on Creator’s Tax affairs and will not be liable for any general information provided on the Website or by email regarding Tax, and (2) will not be liable for any nonpayment of Tax by Creator.

  (g) SextConfidential may close Creator’s account if it is notified of or becomes aware of any Tax noncompliance by Creator.

• 14. Relationship of the Parties

  (a) The parties intend that their relationship will be that of independent contractors and not business partners. This supplement does not, and the parties do not intend it to, create a partnership, joint venture, agency, franchise, or employment relationship. The parties expressly disclaim the existence of any of these relationships between them. Neither party is the agent for the other. Neither party has the right to bind the other on any agreement with another person, except that when SextConfidential receives Creator Earnings, it is collecting and holding them for Creator until distribution under section 11.

  (b) Creator is not eligible under this supplement to participate in any vacation, group medical or life insurance, disability, profit sharing or retirement benefits, or any other fringe benefits or benefit plans offered by SextConfidential to its employees.

  (c) SextConfidential is not responsible for withholding or paying any income, payroll, Social Security, or other federal, state, or local taxes; making any insurance contributions, including unemployment or disability; or obtaining worker’s compensation insurance for Creator. Creator is solely responsible for all those taxes or contributions, including penalties and interest. Creator is also responsible for keeping adequate worker’s compensation coverage or insurance for Creator and any employee or other personnel Creator engages.

  (d) Any persons employed or engaged by Creator to create, produce, or submit Content must be Creator’s employees or contractors, and Creator will be fully responsible for them and indemnify SextConfidential against any claims made by or for any such employee or contractor. Creator must require each such employee and contractor to sign written agreements securing for SextConfidential all rights granted to SextConfidential in this supplement and the written consents required in this supplement before that employee or contractor provides, creates, or otherwise performs or is depicted in any Content.

• 15. Statements of Fact

  Creator states that the following facts are accurate and will continue to be accurate during this supplement:

  (a) If Creator is an individual, Creator is at least 18-years old and has the legal capacity to enter into this supplement. If Creator is an entity, it is duly organized, validly existing, and in good standing as a legal entity under the laws of its jurisdiction of incorporation, organization, or chartering./p>

  (b) Creator has the power to enter into this supplement, to grant the rights and licenses granted in it, and to perform Creator’s obligations in this supplement.

  (c) Creator is licensed, authorized, and certified by all governmental and regulatory authorities to perform Creator’s duties and obligations under this supplement.

  (d) Creator is not, nor is Creator acting for any person or entity that is, prohibited from engaging in transactions with US citizens, nationals, or entities under US law, including regulations issued by the US Office of Foreign Assets Control (OFAC).

  (e) Creator is not, nor is Creator acting for any person or entity that is, a Specially Designated National (SDN), as OFAC may designate on one or more occasions.

  (f) Creator has independently evaluated the desirability of using the Website, and Creator has not relied on any statement other than those in this supplement.

  (g) Creator’s signing and performance of this supplement will not conflict with or violate (1) any order, judgment, or decree that applies to Creator; or (2) any agreement that applies to Creator.

  (h) Creator’s performance under this supplement will not:

• (1) invade the right of privacy or publicity of anyone (including invasion of rights of celebrity);
• (2) involve any defamatory, obscene, indecent, or otherwise unlawful material;
• (3) violate any credit card association standards or any law, including, but not limited to, 18 U.S.C. § 1591 (sex trafficking of children or by force, fraud, or coercion), and 18 U.S.C. § 2421A (promotion or facilitation of prostitution and reckless disregard of sex trafficking); or
• (4) otherwise infringe on the rights of any nonparties, including those of copyright, patent, service mark, trademark, trade name, trade secret, or other intellectual property rights, or engage in false advertising, unfair competition, violation of antidiscrimination law, or violation of any other right of any person.

(i) Content complies with this supplement, the Website’s Terms-of-Service Agreement, credit card association standards, and law.

(j) Creator either owns the Content (and all intellectual property rights in it) or has a valid license to offer the Content on the Website.

(k) If Content includes nonparty material, Creator has secured all rights, licenses, written consents, and releases that are necessary for Creator to use that nonparty property in the Content and for the later use and exploitation of that Content under this supplement.

(l) Content is of satisfactory quality, taking account any description of it, the price, and all other relevant circumstances, including any statements Creator makes about the nature of the Content on the Creator Profile or in any advertising.

(m) Content does not depict any individual under 18-years old on the date of the production of that Content.

(n) Creator complies with 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, including inspecting and keeping all required written documents, including written documents sufficient to confirm that all subjects of the Content were at least 18-years old at the time of the production of the Content as required by 18 U.S.C. §§ 2257–2257A and 28 C.F.R. Part 75, and will provide SextConfidential with copies of all required written documents on request.

(o) Creator obtains and keeps on record written consent from all persons (including Creator) depicted in the Content specific to the following areas: (1) consent to be depicted in the Content; (2) consent to allow for the public distribution of the Content and to upload the Content to the Website; and (3) if the Content will be made available for downloading by users, consent to have the Content downloaded.

(p) Creator verifies the identity and age of all persons depicted in the Content to ensure that all persons depicted are adults and is able to provide supporting documents on request.

• 16. Compliance

  Creator must comply with the Terms-of-Service Agreement at all times. SextConfidential may suspend, limit, or disable Creator’s participation at any time, with or without notice, for any violation of the Terms-of-Service Agreement, including the Content Standards. Content might not be generally available on the Website until SextConfidential has conducted its review of the Content and approves its posting on the Website.

• 17. Termination

  (a) Creator may terminate this supplement at any time for any reason by deleting or closing Creator’s account.

  (b) SextConfidential may terminate this supplement and Creator’s access to the Website for any reason by giving Creator 30 days’ notice by email or electronic message to Creator’s account. SextConfidential may suspend, disable, or terminate Creator’s account or terminate this supplement with Creator immediately and without prior notice: (1) if Creator breaches this supplement or the Website’s Terms-of-Service Agreement; (2) if the Content violates this supplement, the Website’s Terms-of-Service Agreement, credit card association standards, or law; (3) if the Content infringes the intellectual property rights of another person; (4) if Creator engages in fraudulent, illegal, or suspicious activity; (5) if Creator engages in conduct that threatens the personal safety of the Website’s users or the public or would tend to damage SextConfidential’s reputation and goodwill or create liability for SextConfidential; or (6) if Creator otherwise engages in conduct that violates credit card association standards or law.

• 18. Effect of Termination

  On termination, Creator’s right to access the Website and all licenses granted by SextConfidential terminate, and SextConfidential may deal with the Content in any appropriate manner under the Privacy Policy (including by deleting it) and Creator will no longer have access to the Content. There is no technical facility on the Website for Creator to access Content after termination of Creator’s account. SextConfidential will remit to Creator, no later than 45 days after the date of termination and subject to section 12 (Creator Earnings Withholdings), all outstanding and undisputed Creator Earnings earned under this supplement. Creator acknowledges that SextConfidential may set off against any Creator Earnings owed to Creator any loss incurred under this supplement.