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Youtube Contract

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hey /adv/ I am thinking of joining a content creator network. BUT, they have a contract you guys wanna help a /b/rother out and look this thing over?

Overview. Talent is the owner of Talent’s Channels, and also the producer/creator/authorized licensee of content that appears on Talent’s Channels. In exchange for the payment to Talent of the fees identified in Section 4, the Talent agrees to:
move Talent’s Channels and the videos and other content appearing on the Talent’s Channels (“Talent Content”) into FDN (the “Network”) to take advantage of FDN’s Google AdSense and YouTube direct sales advertising revenue opportunities

Any contract that has you under 90% share is a massive ripoff. I have no idea what network this is, so they can't wait to rip your little ass off.

I recommend getting partnered directly with youtube.
yea its a 60% split so its a bad deal?
Horrible bro. You'll make like 20 cents a month. But they won't give you anything bigger than that because you're not famous. I went through the same crap. Started with 60% (I didn't know anything at the time), got big and changed to a 90% one.

I still wasn't making much money though, because everyone uses adblock. Youtube is hard.
make Talent’s Channels eligible for the advertising we sell;
allow one of FDN’s support managers to assist with talent support services (some examples might be helping Talent with optimizing videos, technical support, using social media to help boost your video views, connecting with other Network talent, access to a royalty-free music library for use videos, etc);
while this Agreement is in effect, you grant to FDN a non-exclusive right to sell and manage any and all advertising inventory on Talent’s Channels;
while this Agreement is in effect, you grant to FDN a non-exclusive right to sell brand integration into videos (i.e., wearing something in, or putting a product into, a video) on Talent’s Channels, subject to written approval in each instance, except that Talent (but no other third party) may also find and sign your own brand integration deals (Talent keeps all the money from deals you find and sign);
while this Agreement is in effect, you grant to FDN a non-exclusive, transferable, worldwide, royalty-free license to use Talent’s name, image and likeness in connection with promoting the Network, individual channels on the Network and the Talent’s Channels;
while this Agreement is in effect, you grant to FDN a non-exclusive, transferable, worldwide, royalty-free license to display your trade-marks and logos in connection with promoting the Network, individual channels on the Network and the Talent’s Channels;
use best efforts to regularly generate new content and promote Talent’s Channels through the use of social media accounts (i.e., posting hyperlinks to Talent’s Channels on Facebook or Google+, Tweeting them out, interacting with fans, etc.); and,
agree to add the current “FDN” logo to Talent’s Channels’ banner.
Channel Views/Rollup. As of the Effective Date and throughout the Term of this Agreement, all channel views (including viewership for so-called "live streaming" content or delivery of content through any other means via the Talent’s Channels) for the Talent’s Channels will be included or "rolled up" exclusively into FDN's total numbers on YouTube and FDN will be entitled to receive any and all payments in connection therewith directly from YouTube. This will include, but is not limited to, any content made available on the Talent’s Channels, through any means (streaming Video on Demand (VOD), "live-streaming," or other models of delivery as may be made available by YouTube) and through any devices enabled by YouTube, as FDN may determine. Furthermore, Talent will notify YouTube (based on their rules) that until this agreement terminates Talent’s Channels are part of the Network, and all payments from YouTube for the commercialization of Talent’s Channels should be sent directly to FDN.
Live Stream Content
As of the Effective Date, Talent will coordinate with FDN in good faith regarding all "live streaming" content that Talent may create, (i.e., real-time or near real-time, streaming of "live" content of any kind, including commentary, discussion, game play, e-sports, etc. (collectively, the "Live Stream Content")) on the Talent’s Channels (or on such other FDN controlled channel on YouTube as mutually agreed upon by FDN and Talent).
The parties will coordinate and agree on whether Live Stream Content will be recorded, edited and distributed on the Talent’s Channels (or on such other FDN controlled channel on YouTube as mutually agreed upon by FDN and Talent) for Video on Demand (“VOD”) viewing following the conclusion of the applicable live stream.
VOD Content. FDN does not require a minimum number of viewers or subscribers on a Channel for the Talent to join the Network. Preference will be given to those who can show that they are currently accepted and in good standing with another network. FDN, however, reserves the right to reject any Application for any or no reason. Subject to Talent's compliance with the terms and conditions of this Agreement and the terms and conditions of any other agreements Talent may have with FDN (and provided that Talent is not a consultant, affiliate or employee of FDN), for each piece of video content that is displayed in streaming VOD format on Talent’s YouTube Channels hereunder, Talent will be entitled to receive from FDN an amount (inclusive of all applicable sales and value added taxes) specified in the Application as accepted by FDN all advertisement supported video views generated (in territories where ad monetization and reporting are provided to FDN by YouTube) by way of streaming online VOD distribution on the Talent’s YouTube Channels. Talent and FDN agree that FDN will, in its discretion, acting reasonably and using information provided to it by YouTube, be the party solely responsible to determine the relevant number of ad supported views generated and applicable hereunder.
Payment Terms. For a Talent’s Channel Application and acceptance, the Talent shall receive an amount equal to the Talent’s Commission, less standard commission fees for premium advertising or sponsorship campaigns that FDN may sell on the Talent’s behalf, which it is entitled to receive and retain in any particular calendar month pursuant to each Talent’s Agreement. As specified in the Application as accepted by FDN, FDN will pay Talent any fees owed hereunder within thirty (30) business days following FDN's receipt of payment from YouTube in connection with the Talent’s Channels. Payments will be made by PayPal or any other form at FDN's election to an account that Talent specifies and may, at FDN's election, be combined with any other payments that may be owed to Talent. For clarity, a different revenue share may apply in instances where the Talent’s Channels includes third-party licensed materials (e.g., cover video). All references herein to dollars will be to United States dollars.
Notwithstanding the foregoing, FDN will have no obligation to pay any amounts, and is permitted to deduct or withhold any amounts owed, determined or reasonably suspected by FDN, in its sole discretion, to have resulted from: (i) Action Fraud (as defined in the section titled "Action Fraud" below), including without limitation through any clicks originating from Talent's IP addresses or computers under Talent's control, solicited by payment of money, false representation or request for end users to click on Ads, or (ii) fraudulent, misleading or false activities or activities that FDN or YouTube believe to be fraudulent or misleading or in violation of either of their respective terms of service, guidelines, rules, or privacy policies. FDN reserves the right to withhold or deduct payment, if applicable, pending FDN's reasonable investigation of any of the foregoing or any breach of this Agreement by Talent.
4.3 For the purposes of Section 4.2 above, “Talent’s Commission” means 60% of FDN’s share of Advertising Revenue.
Ownership/Control. As between the parties, Talent will retain full control and ownership of, and absolute liability for, the Talent’s Channels and all content contained therein. This will include creation, procurement, and uploading of any and all content therein, and the ongoing management and look and feel of the Talent’s Channels. FDN will not have the ability to upload content, alter the design or layout, etc. of the Talent’s Channels; provided, however, that FDN will have the absolute right to require Talent to remove content immediately upon any notice of copyright violation, or violation of any party's rights, or concern thereof. Any video content or other content (live streaming, text, annotations, or otherwise) that is in violation of the terms of this agreement or violates any laws, rules or regulations, including YouTube's and/or FDN's terms, rules, policies or other business interests, will also be removed immediately upon request. Talent will not use annotations or other similar YouTube tools and features in a manner that would conflict or interfere with FDN's promotional or sales efforts and ongoing advertising campaigns.
Right to Sell Advertising on a Talent’s Channels
6.1. FDN will have the right, throughout the Term of this Agreement, to represent, sell, and manage any ad inventory on the Talent’s Channels, including any ad sales against content contained therein, inclusion of advertising by ad networks, advertising that may be included as part of live-streaming content, new units that YouTube may make available or that FDN or Talent may devise, usage of annotations and related features insofar as such usage may be part of an advertising campaign, and the serving and monitoring of all campaigns. FDN will collect all revenues generated from its work with the Talent’s Channels directly (including, for example, through AdSense, Video AdSense, YouTube direct sales, FDN's direct sales, or sales by any other party on the Talent’s Channels), and then make payments to Talent in accordance with this Agreement (as set forth below). FDN will have the right to turn YouTube's ad sales "off' (i.e. not allow YouTube to sell the Talent’s Channels directly or through AdSense). Each party acknowledges and agrees that Talent may have external advertising relationships (“External Advertising Relationships”) that will be managed by Talent. In every case, FDN will coordinate with Talent to work harmoniously with such External Advertising Relationships.
6.2 Either party may sell 'branded integrations' or 'product placements' (“Integration”) with respect to content on Talent’s YouTube Channels, provided any such Integration and terms associated therewith are approved by Talent. The parties will divide any such Integration revenue as agreed by the parties based on factors such as each party’s contribution to originating and negotiating each opportunity. The parties will endeavor to work together on mutually agreed terms for any Integration. However, Talent may, at Talent’s discretion, execute any External Advertising Relationship related to Integration without involvement with FDN.
Action Fraud. Talent will not, and will not enable, allow or authorize any party to, directly or indirectly, generate automated, fraudulent or otherwise invalid advertising actions. If, in FDN's or YouTube’s determination, activity related to content on Talent’s YouTube Channels is suspected or determined to be so-called "action fraud," "click fraud" or "impression fraud," or fraud of any other kind, whether in any automated or human way, by the use of a person, an automated script or a computer program to click on an any form of response mechanism, annotation or advertising unit, or any other fraudulent means, to increase impressions, skew results or imitate a legitimate user of a web browser, for example, by clicking on an ad unit for the purpose of generating an improper click value and generating revenue (collectively, "Action Fraud"), FDN may withhold any payments owed and have the right to terminate this Agreement permanently, or until such time as the matter is resolved to FDN's satisfaction.
Access to Talent's YouTube Accounts/Reporting to Talent. Talent will provide FDN with all necessary access and controls relating to the Talent’s Channels and to enable the Talent’s Channels to become part of the Network in such manner as FDN considers reasonable or necessary. Access will be limited only to FDN employees or contractors on a need-to-know or need-to-use basis, and will only be used for purposes necessary to further the subject matter of this Agreement (i.e., to monitor traffic, views, prepare reports, check Ad Sense numbers, etc.). FDN agrees to provide Talent with a true and correct version of the most then-current YouTube report FDN receives with respect to Talent’s Channels, on no less than a monthly basis or as available to FDN from YouTube. In addition, Talent reserves the right to confirm the accuracy of the FDN report directly with YouTube provided such informational requests are conducted through and in coordination with FDN and limited to no more than once per year. FDN agrees to provide the Talent with real time revenue visibility within FDN’s proprietary dashboard.
ah you know what f em it seems like a bad deal
Thread posts: 16
Thread images: 1

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