These Broadcaster Program Terms for User (“Broadcaster Program Terms”) govern your receipt of Virtual Goods through our IRIAM Service, and are part of IRIAM’s Terms of Service for User (“IRIAM Terms of Service”), which is a legally binding contract between you and the Company. All capitalized and undefined terms used in these Broadcaster Program Terms will have the meaning given to those terms in the IRIAM Terms of Service.
BY BROADCASTING ON THE IRIAM SERVICE, YOU CONSENT TO OUR COLLECTION, USE, SHARING, AND RETENTION OF YOUR BIOMETRIC DATA AS DESCRIBED IN OUR BIOMETRIC PRIVACY POLICY IN THE PRIVACY POLICY.
- Diamonds; Requesting to Cash Out.
We may award Diamonds to your IRIAM Account when certain actions, as determined by the Company in its sole discretion, occur in a Broadcast performed under your IRIAM Account. You may view your Diamond balance in your IRIAM Account. Diamonds may, in the Company’s sole discretion as described in Section 4 of the IRIAM Terms of Service and in these Broadcaster Program Terms, be exchanged for Points or the local currency where your IRIAM Account is registered (“Cash Out”). Please refer here from time to time for the minimum amount currently required for conversion of Diamonds into Points or the applicable local currency. Notwithstanding the foregoing, the Company reserves the right to change the currency in which Diamonds are exchanged upon prior notice to you. Furthermore, the Company, in its sole discretion, will determine whether you are eligible to Cash Out by reviewing information on your IRIAM Account, requirements under applicable law, and your compliance with the IRIAM Terms of Service, User Guidelines, and these Broadcaster Program Terms.
- Eligibility to Cash Out.
The Company may, at its discretion, place restrictions on your ability to Cash Out, reject any request you make to Cash Out, and determine how much you are eligible to Cash Out. For example, the Company generally limits a Broadcaster’s ability to Cash Out US$1,000 or more per day and may deny your request to Cash Out more than that amount. Any Broadcaster requesting to Cash Out US$1,000 or more worth of Diamonds in any given day will need to provide information to the Company in order for the Company to conduct certain checks and verifications on the Broadcaster. This information may include, at the Company’s discretion, your bank name and account, the address of your primary residence, your full legal name, a government-issued identification number, tax information (an IRS form W-9 for U.S. taxpayers and an IRS form W-8 for non-U.S. taxpayers), and copies or images of related documents (“Verification Documentation”). The Company reserves the right to decline or cancel any Cash Out for any reason, including in the event that the Verification Documentation appears to be inaccurate, cannot be verified, does not uniquely identify you, or that a Cash Out request would be, as determined by the Company at its discretion, inappropriate. For example, the Company may deny Cash Out requests that involve suspected money laundering or suspicious or fraudulent account activity or payments of US$1,000 or more in any given day. Certain age restrictions may also apply to the availability of Cash Out opportunities, depending on local laws and the policies of the Company’s third-party vendors. Even if you request to Cash Out, you will only receive your local currency in exchange for Diamonds held in your IRIAM Account if the Company determines, at its discretion, that you are eligible to Cash Out. The Company also reserves the right to deny Cash Out payments to any Broadcaster that the Company determines, at its discretion, has violated these Broadcaster Program Terms or the IRIAM Terms of Service in any way.
- Your Representations, Warranties, and Acknowledgements.
You represent and warrant to us that: (a) you will not use the IRIAM Service, any Virtual Goods, or any Cash Out in violation of any applicable laws (including anti-money laundering, competition and advertising laws); and (b) you will, upon the Company’s request, reasonably cooperate with the Company and promptly provide the Company with any materials reasonably required by the Company to enable the Company to provide the IRIAM Service, and any Cash Out and to otherwise fulfill the Company’s obligations and responsibilities under these Broadcaster Program Terms, and to enable the Company to comply with applicable laws. You acknowledge and agree that: (i) the Company reserves the right, without prior notice to you, to limit your use of Virtual Goods or Cash Outs and to limit the size and frequency of any Cash Outs; (ii) the Company is neither a money services business, money transmitter, depository institution, bank, nor branch of a depository institution; and (iii) Virtual Goods are not property and are not transferable upon death or other operation of law.
- Independent Contractor Acknowledgement and Taxes.
You agree to properly report any payments made to you in the United States pursuant to these Broadcaster Program Terms to the IRS and, if applicable, any other relevant taxing authorities. If you provided the Company with Verification Documentation, then we may also make a form 1099 available to you in connection with your Cash Outs. You are solely responsible for paying any taxes that may be owed by you due to a Cash Out. You acknowledge and agree that all Cash Out payments you receive are payments for the services you provide on the IRIAM Service and that you are responsible for ensuring that all payments received by you in connection with a Cash Out are properly reported to the IRS or other applicable taxing authorities. You are obliged to pay all self-employment and other taxes on such income, and you agree that you will receive no benefits from the Company. If the Company is obligated to collect or pay Taxes, the Taxes will be charged to you and the Company may set off any amount it is obligated to collect or pay against any Cash Out. If required by applicable tax laws, all Cash Outs shall be subject to deduction of applicable withholding taxes by the Company. These Broadcaster Program Terms do not create, nor will they be construed as creating, any partnership, joint venture, employer-employee, or agency relationship between the Company and you or establish any exclusive arrangement between the Company and you. You acknowledge and agree that you will perform Broadcasts on the IRIAM Service as an independent contractor to the Company. You acknowledge and agree that you, and not the Company, determine the User Content (including User Avatars) posted on your IRIAM Account, subject to the other terms of the IRIAM Terms of Service. You further acknowledge and agree that you, and not the Company, set and control the number of hours that you perform Broadcasts on the IRIAM Service, except as you may otherwise agree with an Agency. Nothing in these Broadcaster Program Terms will in any way be construed to make you an agent, employee, or representative of the Company, under the applicable law of any jurisdiction, and you understand and agree that are not authorized to bind the Company to any liability or obligation or to represent that you have any such authority. - Modifications to Broadcaster Program Terms.
The Company reserves the right to modify, amend, or cancel these Broadcaster Program Terms, add, remove, or modify the eligibility requirements, and change the exchange rate for a Cash Out, in each case, at any time and for any reason. The existence of the Broadcaster Program Terms in no way creates an obligation for us to continue making Cash Outs available in the future, nor does it guarantee that a Cash Out payment can be made in the future, subject to applicable law. The Company reserves the right to review activity on any IRIAM Account to assess the validity of Virtual Goods, including Diamonds, and your eligibility to Cash Out.