Streamer Program Terms
Last Updated: November 10, 2020.
Thank you for acting as a Streamer (formerly referred to as a “DJ”) on the Service! By acting as a Streamer, you have automatically been enrolled by us in our Streamer Program, unless Spoon Radio Inc. or Spoon Radio US, Inc., together with their respective parents, subsidiaries and affiliated entities, (“Spoon” “we,” or “us”), determines you are ineligible for enrollment in to the Streamer Program. These Streamer Program Terms (“Streamer Program Terms”) govern your ability to earn compensation in connection with acting as a Streamer on the Service and are a legally binding contract between you and Spoon. All capitalized and undefined terms used in these Streamer Program Terms will have the meaning given to those terms in Spoon’s Terms of Service [here].
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR RECEIPT OF ANY COMPENSATION IN CONNECTION WITH THE Streamer PROGRAM, YOU AGREE TO BE BOUND BY, THE FOLLOWING Streamer PROGRAM TERMS. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE Streamer PROGRAM TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO PARTICIPATE IN THE Streamer PROGRAM.
Requesting to Cash Out. When you receive Gifts through the Service due to your activities on the Service as a Streamer, the value of those Gifts (calculated in Coins) will be added to your account on the Service, and you can access your account on the Service to review your balance of Coins. If you are a Streamer with a balance of at least $50 worth of Coins in your account on the Service, then you may request through the Service to exchange your Coins for U.S. dollars at the then current exchange rate set by Spoon ("Cash Out"). Spoon, in its sole discretion, will determine whether you are eligible to Cash Out by reviewing information on your Service account, requirements under applicable law, and your compliance with these Streamer Program Terms and our Terms of Service.
Eligibility to Cash Out. Spoon 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, Spoon generally limits a Streamer’s ability to Cash Out $1,000 or more per day and may deny your request to Cash Out more than that amount. Any Streamer requesting to Cash Out $1,000 or more worth of Coins in any given day will need to provide information to Spoon in order for Spoon to conduct certain checks and verifications on the Streamer. This information may include, as determined by Spoon at its 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”). Spoon 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 Spoon at its discretion, inappropriate. For example, Spoon may deny Cash Out requests that involve suspected money laundering or suspicious or fraudulent account activity or payments of $10,000 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 Spoon’s third-party vendors. Even if you request to Cash Out, you will only receive U.S. dollars in exchange for Coins held in your Service account if Spoon determines, at its discretion, that you are eligible to Cash Out. You may incur transaction fees in connection with Cash Out transactions, and these fees will vary depending on the payment method you choose.
Your Representations, Warranties, and Acknowledgements. You represent and warrant to us that: (a) you will not use the Service, any Coins, or any Cash Out in violation of any applicable laws (including anti-money laundering laws); and (b) you will, upon Spoon’s request, reasonably cooperate with Spoon and promptly provide Spoon with any materials reasonably required by Spoon to enable Spoon to provide the Service, the Streamer Program and any Cash Out and to otherwise fulfill its obligations and responsibilities under these Streamer Program Terms and to enable Spoon to comply with applicable laws. You acknowledge and agree that: (i) Spoon reserves the right, without prior notice to you, to limit your use of Coins or Cash Outs and to limit the size and frequency of any Cash Outs; and (ii) Spoon is neither a money services business, money transmitter, depository institution, bank, nor branch of a depository institution.
Independent Contractor and Taxes. You agree to report any payments made to you through the Streamer Program to the IRS. If you provided Spoon 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. While Streamers perform services on the Service, neither the Streamer Program nor these Streamer Program Terms create, or will be construed as creating, any partnership, joint venture, employer-employee, or agency relationship between Spoon and you or establish any exclusive arrangement between Spoon and you. It is the express intention of Spoon and you that you will perform services on the Service as an independent contractor to Spoon. Nothing in these Streamer Program Terms will in any way be construed to make you an agent, employee, or representative of Spoon, and you are not authorized to bind us to any liability or obligation or to represent that you have any such authority. You acknowledge and agree that all Cash Out payments you receive are payments for the services you provide on the 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 Spoon. You agree that if you are reclassified by a state or federal agency or court as Spoon’s employee, then you will become a reclassified employee and will receive no benefits from Spoon except those mandated by state or federal law, even if by the terms of Spoon’s benefit plans or programs of Spoon in effect at the time of such reclassification, that you would otherwise be eligible for such benefits.
Modifications to Streamer Program. Spoon reserves the right to modify, amend, or cancel the Streamer Program, 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 Streamer Program in no way creates an obligation for us to continue the Streamer Program in the future, nor does it guarantee that a Cash Out payment can be made in the future. Spoon reserves the right to review activity on Service accounts to assess the validity of Coin balances, and to deny Cash Out payments to any Streamer that Spoon determines, at its discretion, has violated these Streamer Program Terms or our Terms of Service in any way.