Creator Agreement

INTRODUCTION

This Content Creator Agreement ("Creator Agreement" or "Agreement") is entered into between you ("Creator," "you," or "your") and BeSinly ("BeSinly," "we," "us," or "our") and governs your participation as a content creator on the BeSinly platform.

This Creator Agreement supplements and incorporates by reference the BeSinly Terms and Conditions, Privacy Policy, and Community Guidelines. In the event of any conflict between this Creator Agreement and the Terms and Conditions, this Creator Agreement shall control with respect to creator-specific matters.

BY APPLYING TO BECOME A CONTENT CREATOR AND USING CREATOR FEATURES, YOU AGREE TO BE BOUND BY THIS CREATOR AGREEMENT AND ALL REFERENCED POLICIES. IF YOU DO NOT AGREE, YOU MAY NOT PARTICIPATE AS A CONTENT CREATOR.


1. CREATOR ELIGIBILITY AND APPLICATION

1.1 Minimum Requirements

To become a content creator on BeSinly, you must:

- Be at least 18 years of age or the age of majority in your jurisdiction, whichever is higher
- Have the legal capacity to enter into this binding agreement
- Possess valid government-issued photo identification
- Have a valid bank account or payment method for receiving payments
- Reside in a jurisdiction where adult content creation is legal
- Not be registered as a sex offender in any jurisdiction
- Not have been previously banned from BeSinly or similar platforms for Terms violations
- Comply with all applicable laws and regulations

1.2 Application and Verification Process

To apply as a creator, you must:

- Complete the creator application form with accurate information
- Provide clear photos of valid government-issued photo ID (passport, driver's license, national ID card)
- Complete a live video verification or selfie verification
- Provide proof of address (utility bill, bank statement, government document dated within 90 days)
- Provide tax information (W-9 for US persons, W-8BEN for non-US persons, or equivalent)
- Provide banking information for payouts (bank account details, PayPal, or approved payment method)
- Agree to background checks if required by law or policy
- Complete any additional verification steps as requested

1.3 Verification Timeline

- Initial verification typically takes 3-5 business days
- Additional verification may be required periodically
- We reserve the right to re-verify your identity at any time
- Failure to complete verification within 30 days may result in application rejection

1.4 Application Approval

BeSinly reserves the right to:
- Approve or deny any creator application for any reason
- Require additional information or documentation
- Delay approval pending investigation or verification
- Limit creator features or access based on verification status or jurisdiction


2. INDEPENDENT CONTRACTOR RELATIONSHIP

2.1 No Employment Relationship

You are an independent contractor, not an employee, agent, partner, or joint venturer of BeSinly. This Agreement does not create an employment relationship. You acknowledge that:

- You have no authority to bind BeSinly or make commitments on its behalf
- You are responsible for your own taxes, insurance, and benefits
- You determine your own work schedule and content creation methods
- BeSinly does not control the manner or method of your work
- You may engage in other business activities

2.2 Tax Responsibilities

As an independent contractor:
- You are solely responsible for all taxes on your earnings
- BeSinly may withhold taxes as required by law
- BeSinly will issue tax forms (1099, 1042-S, or equivalent) as required
- You must maintain accurate records for tax purposes
- You are responsible for estimated tax payments if required by your jurisdiction
- You must comply with all tax registration and licensing requirements


3. CONTENT OWNERSHIP AND LICENSES

3.1 Your Content Ownership

You retain all ownership rights in the content you create and upload to BeSinly ("Your Content"). You represent and warrant that:

- You own all rights to Your Content or have obtained all necessary licenses and permissions
- Your Content does not infringe any third-party intellectual property rights
- Your Content does not violate any laws or regulations
- All individuals depicted in Your Content have provided informed, voluntary consent
- All individuals depicted in Your Content are at least 18 years of age
- You have maintained proper documentation as required by 18 U.S.C. § 2257

3.2 License Grant to BeSinly

By uploading Your Content to BeSinly, you grant BeSinly a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to:

- Host, store, reproduce, and distribute Your Content
- Display Your Content to subscribers and paying users
- Create derivative works (thumbnails, previews, clips, promotional materials)
- Transmit Your Content through content delivery networks
- Optimize and transcode Your Content for different devices and formats
- Use Your Content for marketing and promotional purposes (with your consent for external marketing)
- Display Your Content on the platform in search results, recommendations, and discovery features

3.3 License Duration

This license continues for as long as Your Content is available on the platform and for a reasonable period thereafter to accommodate:
- Users who have paid for permanent access to specific content
- Backup and archival purposes
- Legal compliance and record-keeping
- Investigation of violations or disputes

When you delete content, the license terminates subject to the above exceptions.

3.4 Promotional Use

You grant BeSinly permission to:
- Use your username, profile picture, and public content in platform features
- Feature your content in discovery, trending, or recommended sections
- Include your content in internal analytics and testing

For external marketing (off-platform advertising, press materials, promotional campaigns), BeSinly will seek your explicit consent.

3.5 Third-Party Content

If Your Content includes third-party materials (music, images, video clips, artwork):
- You must own the rights or have obtained proper licenses
- You are solely responsible for obtaining and maintaining licenses
- You indemnify BeSinly against any third-party claims
- BeSinly may remove content upon receiving copyright complaints


4. CONTENT STANDARDS AND RESTRICTIONS

4.1 Prohibited Content

You may not upload content that:

- Depicts or involves individuals under 18 years of age in any context
- Contains non-consensual sexual activity, revenge porn, or deepfakes
- Depicts extreme violence, gore, torture, or death
- Involves bestiality, necrophilia, or illegal sexual acts
- Violates obscenity laws or depicts illegal activities
- Infringes intellectual property rights
- Contains malware, viruses, or malicious code
- Violates privacy rights or includes unauthorized recordings
- Promotes hate speech, terrorism, or illegal activities

See Community Guidelines for complete content restrictions.

4.2 Required Content Standards

All content must:
- Comply with 18 U.S.C. § 2257 record-keeping requirements
- Depict only consenting adults 18 years or older
- Be originally created by you or properly licensed
- Accurately represent what subscribers will receive
- Not mislead subscribers about content nature or availability

4.3 Content Quality

You should strive to:
- Provide high-quality content that meets subscriber expectations
- Maintain reasonable consistency in posting frequency
- Accurately tag and categorize content
- Provide clear descriptions and accurate thumbnails

4.4 User-Generated Requests and Custom Content

When fulfilling custom content requests:
- You may decline any request at your discretion
- You must not create prohibited content regardless of payment offered
- You should deliver content as described or refund payment
- You should maintain professionalism in all communications


5. RECORD-KEEPING REQUIREMENTS (18 U.S.C. § 2257)

5.1 Federal Law Compliance

As a creator of sexually explicit content, you must comply with 18 U.S.C. § 2257 and 2257A, which require:

- Inspection and copying of identification documents for all performers
- Creation and maintenance of records associating each performer with each piece of content
- Statement of custodian of records and location
- Retention of records for at least seven years after last production or distribution

5.2 Your Responsibilities

You must:
- Verify and retain proof that all individuals depicted are 18+ years of age
- Maintain records of government-issued photo ID for each performer
- Associate records with specific content pieces
- Make records available for inspection by BeSinly and lawful authorities
- Designate a custodian of records
- Provide record location in content (may be provided to BeSinly centrally)
- Maintain records for required retention period even after account closure

5.3 BeSinly's Role

BeSinly acts as a secondary producer. We maintain records that:
- You have represented all performers are 18+
- You have complied with 2257 record-keeping requirements
- Your custodian of records information

BeSinly's custodian of records:
Name: BeSinly Legal Compliance Officer
Address: [BeSinly Corporate Address - to be provided]
Email: compliance@besinly.com

5.4 Failure to Comply

Failure to comply with 18 U.S.C. § 2257 will result in:
- Immediate content removal
- Account suspension or termination
- Forfeiture of earnings
- Potential criminal prosecution
- Reporting to federal authorities


6. EARNINGS, REVENUE SHARING, AND PAYMENTS

6.1 Revenue Sources

As a creator, you can earn from:
- Subscription fees from followers
- Tips and donations from fans
- Pay-per-view content sales
- Private messages (if monetization enabled)
- Live streaming tips and donations
- Custom content requests

6.2 Revenue Split

BeSinly retains a platform fee from your gross earnings:
- Standard rate: 20% platform fee (you receive 80%)
- Rates may vary based on:
- Promotional campaigns or limited-time offers
- Creator tier or performance level
- Payment method and processing fees
- Regional payment processing costs

The current revenue split applicable to your account is displayed in your creator dashboard.

6.3 Refunds and Chargebacks

- You are responsible for refunds and chargebacks on your content
- Excessive chargebacks (above 2% of transactions) may result in:
- Increased reserve amounts
- Account review or suspension
- Adjustment of revenue split
- Account termination

- BeSinly may issue refunds on your behalf in accordance with our refund policy
- Refunded amounts will be deducted from your creator balance

6.4 Payment Processing

- Payments are processed monthly (typically first week of each month)
- Minimum payout threshold: $50 USD (or equivalent)
- Balances below minimum threshold roll over to next period
- Payment methods: Bank transfer (ACH/SEPA/wire), PayPal, or other approved methods
- International payments may incur additional fees
- You are responsible for providing accurate payment information

6.5 Payment Timeline

- Earnings from Month 1 are paid in Month 2 (e.g., January earnings paid in February)
- There is a 7-day processing period for payments
- First payment may be delayed for additional verification
- Payment schedules may vary by region and payment method

6.6 Holds and Reserves

BeSinly may place holds or reserves on your earnings:
- Standard reserve: Up to 10% held for 90 days for potential refunds/chargebacks
- Increased reserve for high chargeback rates or suspicious activity
- Holds during investigation of Terms violations
- Holds as required by payment processors or applicable law

6.7 Tax Reporting and Withholding

- BeSinly will report earnings to tax authorities as required by law
- US creators: 1099-NEC issued if earnings exceed $600/year
- Non-US creators: 1042-S issued if applicable
- Tax withholding may apply for non-US creators (typically 30% unless treaty rate applies)
- You must provide accurate tax information (W-9, W-8BEN, or equivalent)

6.8 Dormant Account Policy

If your account is inactive (no logins for 12+ months):
- Remaining balance may be subject to dormancy fees
- We will attempt to contact you before imposing fees
- Unclaimed funds may be escheated to state authorities as required by law


7. PROMOTIONAL PRICING AND DISCOUNTS

7.1 Setting Your Prices

You control your subscription pricing within platform limits:
- Minimum subscription price: $4.99/month
- Maximum subscription price: $99.99/month
- You may offer discounted bundles (3-month, 6-month, 12-month subscriptions)
- You may set prices for individual content pieces

7.2 Promotional Campaigns

You may run promotional campaigns:
- Limited-time discounts on subscriptions
- Free trial periods (you receive reduced or no revenue during trial)
- Special offers for new subscribers
- Bundle deals on content

7.3 Platform Promotions

BeSinly may run platform-wide promotions:
- Featured creator spots
- Discount campaigns
- We will notify you before including you in promotions
- You may opt out of certain promotional campaigns

7.4 Referral Programs

You may earn bonuses by:
- Referring new creators (referral bonuses when available)
- Referring new subscribers
- Participating in creator programs and challenges


8. CREATOR RESPONSIBILITIES AND CONDUCT

8.1 Account Security

You must:
- Maintain confidentiality of your login credentials
- Use strong, unique passwords
- Enable two-factor authentication
- Not share your account with others
- Immediately report unauthorized access
- Not sell or transfer your account

8.2 Professional Conduct

You must:
- Respond to subscriber inquiries professionally and timely
- Deliver promised content as described
- Handle disputes respectfully
- Maintain appropriate business records
- Report technical issues or bugs
- Cooperate with BeSinly support and investigations

8.3 Prohibited Activities

You may not:
- Attempt to redirect subscribers off-platform to avoid fees
- Share personal contact information to circumvent platform
- Engage in prostitution, escort services, or in-person sexual services
- Harass, threaten, or abuse subscribers or other creators
- Manipulate engagement through bots or fake accounts
- Create multiple accounts to circumvent restrictions
- Engage in fraud, money laundering, or financial crimes
- Violate any laws or regulations

8.4 Subscriber Relationships

You should:
- Build authentic, professional relationships with subscribers
- Set clear boundaries and expectations
- Protect subscriber privacy and personal information
- Not share subscriber information with third parties
- Decline inappropriate requests professionally
- Report abusive subscribers to BeSinly

8.5 Collaboration with Other Creators

When collaborating:
- Obtain written consent from all participants
- Verify age and identity of all collaborators
- Agree on revenue sharing and content ownership
- Document all agreements
- Credit all participants appropriately
- Ensure all participants comply with this Agreement


9. SUBSCRIBER COMPLAINTS AND DISPUTES

9.1 Handling Complaints

You should:
- Respond to complaints professionally and promptly
- Attempt to resolve disputes directly with subscribers
- Honor valid refund requests when appropriate
- Escalate unresolved issues to BeSinly support

9.2 BeSinly's Role

BeSinly may:
- Mediate disputes between creators and subscribers
- Issue refunds on your behalf
- Investigate complaints of fraud or misrepresentation
- Take action against creators who consistently receive complaints

9.3 Consumer Protection

You must comply with consumer protection laws:
- Accurately describe content and offerings
- Honor promotional terms and conditions
- Not engage in false advertising or misrepresentation
- Provide refunds as required by law


10. INTELLECTUAL PROPERTY PROTECTION

10.1 Copyright Protection

You should:
- Monitor for unauthorized distribution of your content
- Report DMCA violations to BeSinly
- Send DMCA takedown notices to infringing websites
- Consider watermarking your content

BeSinly provides:
- DMCA takedown assistance
- Tools to report content leaks
- Investigation of repeat infringers
- Cooperation with your legal actions against pirates

10.2 BeSinly's Anti-Piracy Efforts

We implement measures to prevent content theft:
- Disabling right-click and download functions
- Watermarking tools
- Monitoring of known piracy websites
- Sending DMCA takedown notices on behalf of creators
- Account termination for subscribers who leak content

10.3 Your Enforcement Rights

You retain the right to:
- Send your own DMCA takedown notices
- Pursue legal action against infringers
- Hire anti-piracy services
- Request subscriber information for legal proceedings (with proper court order)


11. ACCOUNT SUSPENSION AND TERMINATION

11.1 Termination by You

You may terminate this Agreement at any time by:
- Providing written notice to help@besinly.com
- Using the account closure feature in settings
- Ceasing to use creator features

Upon termination:
- Your content will be removed from public access
- Subscribers will lose access and may be refunded
- Pending payouts will be processed according to normal schedule
- You remain liable for all obligations incurred prior to termination
- Provisions that by nature should survive will continue (indemnification, licenses for distributed content)

11.2 Termination by BeSinly

We may suspend or terminate your creator account immediately for:
- Violation of this Agreement, Terms and Conditions, or Community Guidelines
- Fraudulent activity or payment violations
- Excessive chargebacks or refund requests
- Uploading prohibited content
- Failure to comply with 18 U.S.C. § 2257
- Failure to verify identity or complete required verification
- Threatening platform integrity or other users' safety
- Legal requirements or law enforcement requests
- Any reason at our sole discretion with or without cause

11.3 Effect of Termination for Violations

If your account is terminated for violations:
- All content will be immediately removed
- Subscribers will be refunded (deducted from your balance)
- Pending payouts may be forfeited or withheld
- We may retain funds as liquidated damages for violations
- You may be permanently banned from creating new accounts
- We may report violations to law enforcement
- You remain liable for all breaches and violations

11.4 Withheld Funds

We may withhold funds for:
- 90-180 days after termination to cover potential chargebacks and refunds
- Indefinitely if under investigation for fraud or illegal activity
- As liquidated damages for Terms violations
- To satisfy outstanding liabilities or legal obligations
- As ordered by court or legal authority


12. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

- You are at least 18 years of age and have legal capacity to enter this Agreement
- All information you provide is accurate, complete, and current
- You own or have rights to all content you upload
- Your content does not infringe any third-party rights
- All individuals depicted in your content are at least 18 years of age
- You have obtained proper consent from all individuals depicted
- You comply with all applicable laws, including 18 U.S.C. § 2257
- You maintain proper records as required by law
- You will comply with all tax obligations
- You are not impersonating any person or entity
- You are not engaged in fraud, money laundering, or illegal activities


13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless BeSinly, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

- Your content or any third-party claims regarding your content
- Your violation of this Agreement or any applicable laws
- Your violation of any third-party rights (intellectual property, privacy, publicity)
- Your negligence or willful misconduct
- Tax liabilities arising from your earnings
- Claims by your subscribers or individuals depicted in your content
- Your failure to comply with 18 U.S.C. § 2257 or other legal requirements

This indemnification obligation survives termination of this Agreement.


14. DISCLAIMERS AND LIMITATION OF LIABILITY

14.1 No Guarantees

BeSinly makes no guarantees regarding:
- Your ability to earn income on the platform
- The amount of traffic, subscribers, or revenue you will receive
- Platform availability, uptime, or performance
- Protection against all forms of content piracy or theft
- Approval of your creator application
- Continued availability of creator features

14.2 Platform Provided "AS IS"

THE PLATFORM AND CREATOR FEATURES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. BESINLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BESINLY'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID TO YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIVE HUNDRED DOLLARS ($500), WHICHEVER IS GREATER.

BESINLY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SUBSCRIBERS, OR LOST BUSINESS OPPORTUNITIES.

14.4 Assumption of Risk

You acknowledge that:
- Income as a content creator is uncertain and variable
- Platform policies and features may change
- Content piracy and unauthorized distribution may occur despite protections
- Subscriber behavior and preferences are beyond BeSinly's control
- Market conditions and competition may affect your earnings


15. CONFIDENTIALITY

15.1 Confidential Information

You may have access to confidential information, including:
- Subscriber personal information
- Platform algorithms and business methods
- Unreleased features or products
- Financial information
- Trade secrets

15.2 Confidentiality Obligations

You must:
- Keep confidential information strictly confidential
- Use confidential information only for authorized purposes
- Not disclose confidential information to third parties
- Protect confidential information with reasonable security measures
- Not use confidential information for competitive purposes

15.3 Subscriber Privacy

You must:
- Protect subscriber personal information
- Comply with applicable privacy laws (GDPR, CCPA, etc.)
- Not sell, rent, or share subscriber information
- Use subscriber information only for authorized communications
- Report data breaches immediately


16. CHANGES TO CREATOR AGREEMENT

16.1 Modifications

BeSinly may modify this Creator Agreement at any time by:
- Posting updated Agreement on the platform
- Sending email notification to your registered email
- Providing in-platform notification

16.2 Acceptance of Changes

Your continued participation as a creator after changes constitutes acceptance. If you do not agree to changes, you may terminate this Agreement.

16.3 Material Changes

For material changes that significantly affect your rights or obligations, we will:
- Provide at least 30 days' advance notice
- Allow you to terminate without penalty during notice period
- Clearly explain the nature of changes


17. DISPUTE RESOLUTION

17.1 Informal Resolution

Before pursuing formal action, you agree to:
- Contact help@besinly.com to discuss the dispute
- Participate in good faith negotiations for at least 30 days
- Provide detailed information about your concerns

17.2 Binding Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration as specified in the Terms and Conditions, except that:
- You may pursue claims in small claims court
- Either party may seek injunctive relief for intellectual property violations

17.3 Class Action Waiver

You agree that disputes shall be resolved individually, not as part of a class action or representative proceeding. You waive any right to participate in class action litigation.

17.4 Governing Law

This Agreement is governed by the laws of [Jurisdiction], without regard to conflict of laws principles.


18. COMPLIANCE WITH LAWS

18.1 Your Legal Obligations

You must comply with all applicable laws, including:
- Age verification and record-keeping laws (18 U.S.C. § 2257)
- Obscenity and pornography laws in your jurisdiction
- Tax laws and reporting requirements
- Data protection and privacy laws (GDPR, CCPA, etc.)
- Consumer protection laws
- Money laundering prevention laws (AML/KYC)
- Export control laws

18.2 Jurisdiction-Specific Requirements

You are responsible for:
- Understanding laws in your jurisdiction
- Obtaining any required licenses or permits
- Complying with local content restrictions
- Meeting tax registration requirements
- Understanding employment and contractor classification laws

18.3 International Creators

If you are located outside the United States:
- You may be subject to tax withholding on earnings
- You must provide appropriate tax forms (W-8BEN or equivalent)
- You must comply with laws in your country
- Additional verification may be required
- Payment methods may be limited based on your location


19. MISCELLANEOUS PROVISIONS

19.1 Entire Agreement

This Creator Agreement, together with the Terms and Conditions, Privacy Policy, and Community Guidelines, constitutes the entire agreement between you and BeSinly regarding your participation as a creator.

19.2 Severability

If any provision is found unenforceable, the remaining provisions remain in full effect, and the unenforceable provision shall be modified to the minimum extent necessary.

19.3 Waiver

BeSinly's failure to enforce any provision does not constitute a waiver of that provision or any other provision.

19.4 Assignment

You may not assign or transfer this Agreement without BeSinly's written consent. BeSinly may assign this Agreement freely.

19.5 Survival

Provisions that by their nature should survive termination shall survive, including: intellectual property licenses for distributed content, indemnification, limitation of liability, dispute resolution, and confidentiality.

19.6 Force Majeure

Neither party is liable for failure to perform due to circumstances beyond reasonable control, including natural disasters, war, terrorism, pandemics, government actions, or utility failures.

19.7 Notices

All notices to BeSinly must be sent to:
Email: help@besinly.com
Creator Support: creators@besinly.com
Legal: legal@besinly.com

Notices to you will be sent to the email address associated with your account.

19.8 Language

This Agreement is in English. Any translations are for convenience only, and the English version shall prevail in case of conflict.


20. CREATOR SUPPORT AND RESOURCES

20.1 Creator Support

BeSinly provides creator support through:
- Email support: creators@besinly.com
- Creator Help Center: https://www.besinly.com/creator-help
- Creator Community Forum
- FAQ and knowledge base
- Video tutorials and guides

20.2 Creator Resources

We offer resources to help you succeed:
- Creator dashboard with analytics and insights
- Marketing and promotional tools
- Content scheduling and management features
- Subscriber engagement tools
- Educational content on best practices

20.3 Support Response Times

- General inquiries: 24-48 hours
- Payment issues: 1-3 business days
- Account security issues: Priority response within 24 hours
- Legal compliance issues: Priority response


21. ACKNOWLEDGMENT AND ACCEPTANCE

BY APPLYING TO BECOME A CREATOR OR USING CREATOR FEATURES, YOU ACKNOWLEDGE THAT:

- You have read, understood, and agree to be bound by this Creator Agreement
- You have read and understood the Terms and Conditions, Privacy Policy, and Community Guidelines
- You are at least 18 years of age
- You have the legal capacity and authority to enter this Agreement
- You understand your obligations regarding content standards, record-keeping, and legal compliance
- You understand the revenue sharing model and payment terms
- You understand that you are an independent contractor, not an employee
- You accept all risks associated with content creation on the platform
- You acknowledge that earnings are not guaranteed
- You indemnify BeSinly against claims arising from your content and activities


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CONTACT INFORMATION

General Support: help@besinly.com

Creator Help Center: https://www.besinly.com/contact
Website: https://www.besinly.com


BY USING CREATOR FEATURES, YOU ACCEPT THIS CREATOR AGREEMENT.