DRAFT for lawyer review: not legal advice, not in use. This text may change before Tizzy launches.
Founding Creator terms
1. What these terms do
They give Founding Creators a higher revenue share than the standard rate in the Creator agreement, for the life of their Founding Creator status (§5).
2. Who qualifies
You become a Founding Creator if all of these are true:
- You start streaming (§3) during the Founding Creator window (§4);
- you're one of the first 100 creator accounts to start streaming, counted in the order of the time each first started streaming (by our server's clock);
- you're 18 or older and have accepted the Creator agreement;
- you live in Australia, the United States, Canada or New Zealand; and
- it's your only creator account. One person (or one business and the people behind it) can hold only one Founding Creator account. Accounts opened to take extra places are not eligible, and we can remove the status from them.
Joining the waitlist or the Founding Creator interest list doesn't qualify you, reserve a place or promise a rate.
3. "Start streaming"
You start streaming when a house on your creator account first goes live publicly on Stream My House on Tizzy, after we've approved it for public streaming (every house gets a safety review before its first public stream). Streaming a Tizzy house only on Twitch, YouTube or Kick doesn't count.
If your first house is delayed by our review, you're counted from the time you submitted it for review, so our review time doesn't cost you a place.
4. The Founding Creator window
- Opens: the day Stream My House launches publicly, [launch date, to be announced].
- Closes: at the earlier of (a) the moment the 100th Founding Creator starts streaming, or (b) 11:59 pm [US Eastern time] on the day 3 months after it opens.
- We can extend the closing date in (b), or raise the 100, by announcing it before the window closes. We won't shorten the window or lower the number once announced.
- We'll publish the actual closing date and time once the window closes.
5. Your Founding Creator rate
Instead of the standard rates in the Creator agreement, you get:
| Revenue from your houses | Standard rate | Founding Creator rate |
|---|---|---|
| Fan passes | 60% of net | 70% of net |
| Viewer events (points spent) | 50% of net | 60% of net |
| Ads | 50% of net | 60% of net |
| Random slot ad pool (Creator agreement, Schedule A) | 50% of your pool share | 60% of your pool share |
"Net" means the same as in the Creator agreement (§6 there), and we won't change its meaning in a way that lowers what Founding Creators get without your agreement.
How long it lasts. Your Founding Creator rate applies to every house on your creator account for as long as all of these are true ("for life"): 1. your creator account stays open; 2. it's in good standing (§7); and 3. we run Stream My House, or a feature that replaces it in which creators earn a share of revenue from their houses (§8).
It doesn't depend on how often you stream. If you stop streaming for a while and come back, your rate is still there.
6. It's yours, not transferable
Your Founding Creator status is tied to your creator account. You can't sell, transfer, give away or share it, or let someone else run streams under it as a way to pass it on. Two exceptions: - Your own business: you can move it once to a company or trust you control (for example if you incorporate), by asking us first; we won't refuse without a good reason. - Death or incapacity: your estate keeps receiving earnings already made; the status ends with the account.
7. Good standing, suspension and losing the rate
- Suspension doesn't end it. If we suspend your account or demonetise a house under the Creator agreement, you don't earn on the affected houses while suspended. When the suspension ends, your Founding Creator rate continues.
- You lose Founding Creator status only if we end your creator account for a serious breach or repeated breaches of the Creator agreement or our content rules, after following the process in the Creator agreement (notice, reasons and a chance to respond, except where the law or safety requires us to act at once).
- If you close your creator account yourself, the status ends. If you reopen later, you're a standard creator.
8. If Stream My House changes or ends
- If we change how creators earn (for example new revenue types such as tips, subscriptions or merchandise), Founding Creators get at least 10 percentage points more than the standard creator rate for each comparable revenue type, unless we agree something else with you.
- If we replace Stream My House with a similar feature, your status carries over to it.
- If we stop Stream My House altogether, we'll give at least [90] days' notice, and pay all earnings up to the end date at your Founding Creator rate.
9. If Tizzy is sold or restructured
If we sell Tizzy, move it to another company in our group (for example from NB Audio Pty Ltd to our US company), or merge, we'll require whoever takes over Stream My House to keep these terms, and tell you who they are.
10. Changing these terms
We can only change these terms: - to make them better for Founding Creators; - to fix an obvious mistake, with notice to you; or - where the law requires it, with as much notice as we can give.
Any other change needs your agreement. This overrides the general change clause in the Creator agreement.
11. Everything else
The Creator agreement applies to everything not covered here: payment timing, minimum payout, tax, holdbacks, content rules, ending the agreement, and how disputes are handled. Nothing in these terms limits your rights under the Australian Consumer Law or other laws that can't be excluded.