CONTENT CREATOR AGREEMENT
ECHOES Soundwalk Platform
Effective Date: [Date]
This Content Creator Agreement ("Agreement") is entered into between ECHOES ("Platform," "we," "us," or "our"), operating at https://echoes.xyz, and the undersigned content creator ("Creator," "you," or "your").
1. SCOPE OF AGREEMENT
1.1 Platform Services
ECHOES provides a digital platform for the creation, distribution, and sale of audio-guided walks ("Soundwalks") through mobile applications on iOS and Android devices.
1.2 Creator Participation
This Agreement governs your creation, upload, and sale of Soundwalks through the ECHOES platform and the terms of revenue sharing between you and ECHOES.
2. CONTENT CREATION AND SUBMISSION
2.1 Original Content
You represent and warrant that all Soundwalks submitted to the platform are:
- Your original creation or you have obtained all necessary rights and permissions
- Free from copyright infringement, trademark violations, or other intellectual property conflicts
- Not defamatory, discriminatory, offensive, obscene, hate speech, harmful, or illegal in nature
- Compliant with all applicable laws and regulations
2.2 Content Standards
Soundwalks must meet ECHOES quality standards, including but not limited to:
- Clear, audible narration
- Accurate location information and directions including accessibility information and difficult terrain information
- Appropriate content ratings and descriptions
- Minimum audio quality specifications as defined in platform guidelines
2.3 Content Review
ECHOES reserves the right to review, approve, remove, or reject any Soundwalk submission at our sole discretion. We may request modifications before approval, and may rescind our approval at any time.
3. LICENSING AND INTELLECTUAL PROPERTY
3.1 License Grant to ECHOES
By uploading Soundwalks to the platform, you grant ECHOES a worldwide, non-exclusive, royalty-free license to:
- Host, store, and distribute your Soundwalks through our platform
- Market and promote your Soundwalks across various channels
- Create previews, clips, or promotional materials featuring your content
- Adapt content for technical compatibility across devices and regions
3.2 Creator Ownership
You retain all ownership rights to your original Soundwalk content, subject to the licenses granted herein.
3.3 Platform Elements
ECHOES retains all rights to platform features, functionality, branding, and any enhancements or modifications made to facilitate content delivery.
4. REVENUE SHARING
4.1 Revenue Split
Net revenue from Soundwalk sales via platform services (e.g. Apple, Google) after sales tax and any other applicable taxes and deductions will be distributed as follows:
Creator Share: 50% of net revenue
Platform Share: 50% of net revenue
4.2 Net Revenue Definition
"Net revenue" means gross revenue from Soundwalk sales minus:
- Payment processing fees
- Applicable taxes and VAT
- Refunds and chargebacks
- App store commissions (where applicable)
4.3 Pricing
- Creators may suggest retail prices for their Soundwalks
- ECHOES reserves the right to adjust pricing for promotional campaigns or market conditions.
- ECHOES will endeavour to notify the creator of any changes as and where appropriate
- Special promotions or discounts may be offered with Creator consultation when feasible
4.4 Payment Terms
- Payments will be calculated monthly at the end of each month
- Minimum payout threshold: $50
- Payments will be made within 1 calendar month following payment calculation
- Payments will be made via bank transfer, or ACH, as available
- Creators will remain responsible for their own tax obligations
5. CREATOR OBLIGATIONS
5.1 Account Information
You agree to:
- Maintain accurate account and payment information
- Provide necessary tax documentation (W-9, W-8BEN, etc.) where applicable
- Update content descriptions and metadata as needed
5.2 Support and Updates
- Respond to user feedback forwarded by ECHOES within reasonable timeframes
- Provide content updates or corrections when necessary
- Maintain accuracy of route information and safety warnings
5.3 Marketing Participation
Creators are encouraged but not required to participate in promotional activities for their Soundwalks.
6. PLATFORM RIGHTS AND OBLIGATIONS
6.1 Platform Operations
ECHOES will:
- Provide hosting and distribution infrastructure
- Handle payment processing and customer service
- Maintain platform security and performance
- Provide Creator dashboard with analytics and earnings reports
6.2 Marketing and Promotion
ECHOES may promote Soundwalks through various channels at our discretion, including featured placements, social media, and email marketing.
7. TERM AND TERMINATION
7.1 Term
This Agreement begins upon acceptance and continues until terminated by either party.
7.2 Termination
- Either party may terminate with 30 days written notice
- ECHOES may terminate immediately without notice for Agreement violations
- Upon termination, existing Soundwalks may be removed after [60] days
- Earned revenues will be paid according to standard payment terms
7.3 Survival
Sections regarding intellectual property, indemnification, and limitation of liability survive termination.
8. WARRANTIES AND INDEMNIFICATION
8.1 Creator Warranties
You warrant that you have full right and authority to enter this Agreement and grant the licenses herein.
8.2 Indemnification
You agree to indemnify and hold harmless ECHOES from any claims arising from:
- Your breach of this Agreement
- Infringement of third-party rights
- Inaccurate or harmful content in your Soundwalks
- User injuries or damages resulting from following your Soundwalk directions
9. LIMITATION OF LIABILITY
Neither party shall be liable for indirect, incidental, special, or consequential damages. ECHOES's total liability shall not exceed the fees paid to Creator in the twelve months preceding the claim.
10. GENERAL PROVISIONS
10.1 Independent Contractor
Creators are independent contractors, not employees or agents of ECHOES.
10.2 Modification
ECHOES may modify this Agreement with [30] days notice. Continued use constitutes acceptance.
10.3 Governing Law
This Agreement is governed by [Jurisdiction] law, without regard to conflict of law principles.
10.4 Entire Agreement
This Agreement constitutes the entire agreement between parties regarding the subject matter herein.
10.5 Assignment
You may not assign this Agreement without ECHOES's prior written consent.
10.6 Dispute Resolution
Disputes will be resolved through binding arbitration in [Location], except where prohibited by law.
ACCEPTANCE
By clicking "Accept" or uploading content to the ECHOES platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement.
Creator Name: _______________________
Date: _______________________
Email: _______________________
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