Version from 28 December 2020
This Sportrecs Paid Access Addendum is a part of Sportrecs Terms of Service for Rightholders (https://sportrecs.com/document/terms-of-service-for-rightholder) and sets forth the terms and conditions by which you may offer content for paid access using our Services.
1.1. To offer content for paid access through the Services, you must use and maintain a Sportrecs account that allows content distribution.
2.1. For providing paid access to your content for the Services users, you may select paid access options including single access purchase, subscription purchase, access period, trial period, access price, and other options and limitations provided by the Services interface.
3.1. Permissions related to your content granted by you to Sportrecs and the Services users will continue so long as you offer content for paid access. You may remove content and cease offering it for paid access to new viewers; and may continue to make the content available to those users who previously purchased paid access to the content.
3.2. You are hereby notified and agree that Sportrecs will unilaterally determine the content shown in Sportrecs video player, and that such content may be accompanied by any promotional materials. Demonstration of promotional materials may be limited by you in your Sportrecs account settings.
4.1 Sportrecs will collect revenue from the Services users with respect to the sales of paid access to your videos. Sportrecs will charge the applicable fees set forth below and, subject to the terms hereof, remit the remaining amounts, less taxes, chargebacks and related fees, and refunds to you (such net amounts are further referred to as «Your Revenue»).
4.2 For each amount paid by the Services users for paid access to your content, you agree to pay Sportrecs a service fee equal to 30% of the transaction amount plus the Transaction Costs. «Transactional Costs» are amounts paid by Sportrecs to third parties to facilitate a transaction and include, without limitation, payment processing fees and foreign exchange fees.
4.3 If you have a negotiated agreement with Sportrecs that provides for a different fee structure, the terms of that agreement will prevail.
4.4 Sportrecs will pay you Your Revenue within thirty (30) days of the end of each month in which such revenue was earned. Sportrecs will make all payments to your payment method supported by Sportrecs and specified in your Sportrecs account. You represent that all information provided by you in the Sportrecs account is accurate, complete, and up-to-date. You agree to promptly update information you previously provided if it becomes inaccurate.
4.5 Sportrecs may, but will not be required to, provide refunds to the Services users where: (a) Sportrecs reasonably believes that the Services user was unable to view the content in a manner consistent with the purchase terms; (b) Sportrecs determines that a refund is appropriate based on its internal policies (which will be provided to you upon request); © Sportrecs suspects fraud; (d) the content is subject to a notice of alleged intellectual property infringement; or (e) you have breached the terms of Sportrecs Terms of Service. You authorize Sportrecs to dispute any chargebacks made by the Services users and you agree to assist Sportrecs in such dispute. Successful refunds and chargebacks will reduce the fees payable to you, but will not reduce fees payable to Sportrecs.
4.6 Sportrecs shall have no obligation to pay Your Revenue with respect to any transaction (a) that is the subject of a refund or chargeback; (b) that Sportrecs reasonably determines is fraudulent; or © that involves content or conduct that violates Sportrecs Terms of Service. You must repay Sportrecs any amounts you have received with respect to any of the foregoing. Sportrecs may withhold amounts or make adjustments to Your Revenue: (a) to satisfy any amounts owed by you to Sportrecs; (b) to provide a reserve for anticipated or provided refunds or chargebacks; or © pending any investigation of breach of our Terms of Service, fraud, or other illegality.
4.7 If we permit and you request payment of Your Revenue in a currency other than U.S. dollars, we will charge a foreign exchange fee. Sportrecs may permit you to sell paid access to content in currencies other than U.S. dollars. Transactions in foreign-denominated currencies will be converted into U.S. dollars for each day of sales based upon the day’s final exchange rate as reasonably calculated by Sportrecs. All amounts will be paid out in U.S. dollars or, at Sportrecs’s option, the currency of your country.
5.1 You are solely responsible for determining and complying with your tax obligations. Sportrecs does not provide legal, tax, or accounting advice. You should consult your tax advisors concerning the application of tax laws to your particular situation.
5.2 Sportrecs may withhold amounts from any amounts due to you that Sportrecs determines in good faith must be withheld pursuant to tax law. Sportrecs may file reports concerning income with any taxing authority. You must provide all tax and identity documentation that we request in order to make payments to you.
5.3 Sportrecs may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where Sportrecs believes in good faith that VAT collection is required, Sportrecs may collect VAT on a «VAT-inclusive» basis, meaning that it will charge the retail price and deduct applicable VAT from the amounts received from the purchaser.
6.1 You must comply with Sportrecs’s Terms of Service at all times. Sportrecs may suspend,
limit, or disable your account and access to the Services, for any violation of our Terms of Service.
6.2 You agree that access to your content by the Services users will be subject to the terms specified by Sportrecs at our own discretion.