This Producer Agreement governs all Producers who create, schedule, sell access to, rent, manage, broadcast, promote, or receive payouts from events or streams through Gigpeach. This Agreement supplements the Terms of Use. If there is a conflict, the more specific Producer obligation controls, and Gigpeach receives the broader protection to the maximum extent permitted by law.
Producer is an independent user of the Service and not an employee, partner, joint venturer, franchisee, agent, broker, representative, or legal affiliate of Gigpeach. Producer has no authority to bind Gigpeach. Producer is not entitled to wages, benefits, unemployment insurance, workers' compensation, expense reimbursement, or employment protections from Gigpeach.
Producer represents and warrants that Producer is at least eighteen (18) years old, has full legal capacity to enter this Agreement, and has authority to act on behalf of any entity, venue, organization, church, team, school, speaker, performer, client, or rightsholder associated with Producer's event.
Producer represents and warrants that all information provided to Gigpeach is accurate, complete, and current, including legal name, business name, email, country of residence or organization, age attestation, PayPal email, tax information, and event information. Producer must maintain a verified PayPal account or other approved payout method able to receive payments.
Gigpeach may rely on PayPal's identity, account, recipient, sanctions, and payout-verification systems. Gigpeach is not responsible for PayPal's verification decisions, delays, holds, account limitations, rejected payouts, fees, currency conversion, country restrictions, or compliance determinations. Gigpeach's payout obligation is satisfied by attempting payout to the approved payout account, subject to this Agreement and applicable law.
Producer represents and warrants that Producer is not located in, organized under the laws of, ordinarily resident in, or acting on behalf of any country, region, person, or entity subject to comprehensive U.S. sanctions, embargoes, or denied-party restrictions; is not on any OFAC Specially Designated Nationals list or other denied-party list; and will not use the Service in violation of sanctions, export-control, anti-money-laundering, or anti-terrorism laws. Gigpeach may reject accounts and withhold or block payouts where sanctions risk exists.
Producer is solely responsible for all taxes and reporting obligations arising from Producer's earnings. Gigpeach may require IRS Form W-9 from U.S. persons and Form W-8BEN, W-8BEN-E, or other appropriate documentation from non-U.S. persons before issuing or continuing payouts. Gigpeach may withhold payouts, backup withhold, issue information returns, or report payments as required by law.
Producer retains ownership of Producer's Content, subject to third-party rights. Producer grants Gigpeach a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, ingest, transcode, transmit, cache, store, display, perform, distribute, make available, monitor, sample, moderate, reproduce, technically process, and otherwise use Producer Content solely as necessary or appropriate to provide, operate, secure, enforce, analyze, promote, support, preserve, or improve the Service; comply with law; process refunds and disputes; preserve evidence; and exercise rights under this Agreement.
This license continues as needed for backups, legal compliance, dispute resolution, moderation records, law-enforcement reports, security, fraud prevention, accounting, and archival logs.
Producer represents, warrants, and covenants that:
Producer owns or has obtained all rights necessary for all Content and events.
Producer has obtained all venue, performer, speaker, artist, musician, church, school, client, guest, union, guild, music, film, television, sports, public-performance, synchronization, master-use, privacy, publicity, trademark, and other permissions required.
Producer will not stream prohibited Content.
Producer will comply with all laws, regulations, provider rules, card-network rules, platform policies, and professional obligations.
Producer will not mislead viewers regarding event access, event timing, refunds, Content, performers, outcomes, revenue claims, or professional advice.
Producer will not use the Service for fraud, chargeback abuse, scams, or unlawful activity.
Producer earnings are calculated according to Gigpeach's then-current fee schedule. Unless otherwise stated, gross ticket revenue may be reduced by platform fees, minimum per-ticket fees, Stripe processing fees, card-network fees, currency-conversion fees, refunds, chargebacks, PayPal fees, payout fees, AWS or bandwidth costs, taxes, infrastructure deductions, fraud losses, reserves, offsets, and other disclosed or legally required amounts.
Gigpeach may change fees on thirty (30) days' notice for existing Producers where commercially reasonable, or immediately for new events, legal compliance, provider fee changes, emergency risk, processor rule changes, or cloud-cost changes.
Payouts are conditional, not guaranteed, until released by Gigpeach. Gigpeach may delay payout for review periods, refund windows, chargeback windows, new-producer trust tiers, fraud signals, identity review, tax documentation, sanctions review, Content review, provider investigations, excessive refund rates, user complaints, or suspected violations.
Producer is not entitled to interest on delayed, withheld, offset, or reserved funds.
Gigpeach may classify Producers into risk or trust tiers, including New, Trusted, Elevated, High, Suspended, or other categories. Trust tier may affect manual review, stream approval, payout timing, reserve amounts, refund thresholds, content review, event limits, account status, and eligibility for features. Gigpeach may change a Producer's trust tier in its sole discretion.
Producer receives no earnings for refunded tickets. Gigpeach may deduct refunds, chargebacks, fees, penalties, costs, taxes, and related losses from Producer payouts or future earnings. Producer is responsible for claims arising from event cancellation, misleading event descriptions, unauthorized Content, technical failures caused by Producer, prohibited Content, or viewer disputes caused by Producer.
Producer may not stream, promote, describe, sell access to, or otherwise make available prohibited Content under the Terms of Use or Acceptable Use Policy. Gigpeach may terminate a stream immediately and without notice if it determines that Content is unlawful, prohibited, risky, provider-prohibited, harmful, or inappropriate. Gigpeach may refund viewers, withhold or forfeit Producer payouts to the extent permitted by law, preserve records, notify providers, and report to authorities.
Producer may not use the Service for adult entertainment, sexual Content, sexually explicit Content, or any Content that would require 18 U.S.C. Section 2257 or similar recordkeeping. Producer acknowledges that Gigpeach is not configured, approved, or represented as an adult-content platform.
Producer agrees to defend, indemnify, and hold harmless Gigpeach and its owners, officers, employees, contractors, agents, successors, assigns, affiliates, and service providers from and against all claims, demands, actions, proceedings, damages, losses, liabilities, settlements, judgments, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising from or related to: (a) Producer's Content; (b) any stream, event, promotion, description, ticket sale, or viewer claim controlled by Producer; (c) copyright, trademark, music, sports, privacy, publicity, defamation, contract, or licensing claims; (d) Producer's breach of representation, warranty, covenant, or policy; (e) prohibited Content; (f) taxes, employment, reporting, regulatory, professional, or governmental obligations; (g) refunds, chargebacks, fraud, or payment disputes caused by Producer; (h) failure to obtain licenses, releases, consents, or permissions; or (i) violation of law.
This indemnification obligation survives termination.
Gigpeach may suspend or terminate Producer's account, streams, events, access, payouts, or privileges at any time in its sole discretion. For-cause termination may result in cancellation of events, viewer refunds, loss of access, withholding or forfeiture of pending payouts to the extent permitted by law, legal reporting, provider notice, and preservation of evidence.
Producer must maintain records sufficient to demonstrate rights, licenses, permissions, and compliance. Upon request, Producer must promptly provide evidence of rights, releases, tax status, payout eligibility, and legal compliance. Failure to provide adequate documentation is grounds for suspension, termination, refunds, and payout withholding.
To the maximum extent permitted by law, Gigpeach is not liable to Producer for lost profits, lost revenue, lost audience, lost opportunities, business interruption, reputational harm, third-party provider failures, stream interruptions, refunds, chargebacks, payout delays, account restrictions, moderation decisions, or enforcement actions. Gigpeach's total liability to Producer is capped as stated in the Terms of Use.
This Agreement is governed by Idaho law and applicable federal law. Disputes are subject to the arbitration, class-action waiver, informal dispute, governing law, and Boise, Idaho venue provisions in the Terms of Use.