This Verified Creator Agreement ("Agreement") is made between Popset (Overpass Ventures, Inc.), a Delaware C-corp with headquarters in New York City ("Popset"), and the individual or entity identified in the KYC process ("Creator"), and is subject to the following terms and conditions:
1. Incorporation of Terms and Conditions
This Agreement is subject to the terms and conditions outlined in Popset's general Terms and Conditions. In the event of any conflict between this Agreement and the general Terms and Conditions, this Agreement shall govern in relation to the verified creator program.
Successfully complete the KYC (Know Your Customer) process as required by Popset’s chosen payout platform (i.e., Stripe).
Remain in good standing with Popset and its service providers, including full compliance with Popset’s content policy as outlined in the general Terms and Conditions.
Popset reserves the right to revoke verified creator status at its sole discretion if the Creator fails to meet these requirements.
3. Content Sales and Revenue Sharing
Creators are entitled to receive up to 65% of the proceeds from the sale of their content on the Popset platform, less any associated payout fees.
Up to 30% of the sale proceeds will be allocated to cover Apple/Google fees associated with in-app purchases.
The remaining balance will be retained by Popset as the platform fee.
All sales are subject to the terms and conditions of Apple and Google, and Popset is not responsible for any changes in their fee structures.
4. Payouts
Payouts to Creators will be disbursed on a periodic basis, with the first payout occurring no earlier than four (4) weeks after the initial sale. This timeframe accounts for the time required for Popset to receive funds from Apple/Google.
Creators will receive their accrued revenue sharing allocation based on content sold on Popset during the preceding period less any associated payout fees. These fees, which will cover transaction costs due Popset’s Payout Provider, are currently a minimum of $2.50 USD per distribution and are subject to change.
Popset may, at its discretion, impose a minimum balance requirement for payouts based on the guidelines of the chosen payout platform. Creators will be informed of such requirements as they apply.
It is the Creator's responsibility to ensure that their payout information is accurate and up to date. Popset will not be liable for any delays or missed payments due to incorrect or outdated payout information.
5. Compliance, Good Standing, and Entitlement to Payouts
Creators must remain in compliance with all Popset policies, including but not limited to the content policy, intellectual property rights, and any other guidelines outlined in the general Terms and Conditions.
Creators are also subject to the Terms and Conditions of Popset’s Payout Provider. Popset is not a party to any agreements made between the Creator and the Payout Provider, and compliance with the Payout Provider’s policies is the responsibility of the Creator in order to maintain eligibility for payouts.
No Entitlement to Payouts: Creators will not be entitled to receive payouts if they are found to have violated intellectual property rights, made any misrepresentations regarding their ownership of the content, or posted any content that violates Popset’s content policy. Popset reserves the right to withhold or reclaim payouts if any such violations are discovered.
Failure to comply with these obligations may result in suspension or termination of the Creator’s verified status and may affect their ability to receive payouts.
6. KYC and Payout Data Handling
Payout Provider's Responsibility: Popset does not handle the KYC or payout data stored with the payout provider. The Creator acknowledges that all such data is managed and secured by the payout provider, and Popset is not responsible for the safety or confidentiality of this data.
Refer to Payout Provider Policies: Creators are advised to refer to the payout provider’s privacy policies and terms of service for detailed information regarding the handling and protection of their data.
7. Tax Obligations and Forms
Issuance of Tax Forms: At the conclusion of each calendar year, Popset (Overpass Ventures, Inc.) or their chosen payout provider will issue relevant tax forms to Verified Creators, such as Form 1099 for U.S. creators or Form 1042-S for non-U.S. creators, as required by applicable law. It is the Creator's responsibility to ensure that their tax information is accurate and up to date in order to receive the correct forms.
No Tax Advice: Overpass Ventures, Inc. does not provide tax advice. Creators are encouraged to consult with their own tax advisor to understand their specific tax obligations.
Tax Responsibility: Verified Creators are solely responsible for reporting and paying any taxes associated with their earnings from the Popset platform. Overpass Ventures, Inc. will not be held liable for any Creator’s tax obligations or any penalties incurred due to incorrect or untimely filings.
8. Termination and Suspension
Popset reserves the right to terminate or suspend this Agreement, the Creator’s verified status, or their ability to list and sell content on the Popset platform at any time, with or without notice, for any reason, including but not limited to a breach of this Agreement, the general Terms and Conditions, or the failure to remain in good standing.
9. Indemnification
Creator's Indemnification Obligations:
The Creator agrees to indemnify, defend, and hold harmless Popset (Overpass Ventures, Inc.), its affiliates, officers, directors, employees, and agents (collectively, the "Indemnified Parties") from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorney's fees, arising out of or related to:
(a) Any breach by the Creator of this Agreement or the general Terms and Conditions;
(b) Any content posted, uploaded, or otherwise made available by the Creator on the Popset platform, including but not limited to claims of intellectual property infringement, defamation, or violation of any third-party rights;
(c) Any transaction or interaction between the Creator and any third party, including buyers of the Creator's content;
(d) Any violation of applicable laws or regulations by the Creator.
Popset's Right to Assume Defense:
Popset reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Creator, in which event the Creator will fully cooperate with Popset in asserting any available defenses.
10. Modification of Agreement
Popset reserves the right to modify this Agreement at any time. Any such modifications will be effective upon posting the revised Agreement to the Popset platform. Creators will be notified of significant changes and continued participation in the verified creator program after such modifications constitutes acceptance of the changes.
11. Miscellaneous
This Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Any disputes arising from or related to this Agreement shall be resolved in the courts of New York City, New York.
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.
By participating in the Verified Creator program, you agree to the terms outlined in this Agreement.
