Creator Share and Platform Fee Calculations

Creator Share and Platform Fee Calculations

A Creator’s total share of net revenues from the use of the Platform is comprised of the following components (collectively the “Creator Share”):

  • Product Net Revenue (as defined below) generated from the sale of Products and merchandise
  • Creator Service Share (as defined below) generated from the sale of Services (including but not limited to subscriptions, tickets and events)
  • If applicable, Creator Good Share (as defined below) generated from the sale of Creator Goods
  • If applicable, Donation Service Share (as defined below) generated from the sale of Services (including but not limited to subscriptions, tickets and events)

Monthly Creator Share” (also referred to as “Monthly Creator Fee”) is the sum of:

  • Monthly Product Net Revenue, plus
  • Monthly Creator Service Share, plus
  • Monthly Creator Good Share (if applicable), plus
  • Monthly Donation Service Share (if applicable)

Quarterly Creator Share” (also referred to as “Quarterly Creator Fee”) is the sum of:

  • Quarterly Product Net Revenue, plus
  • Quarterly Creator Service Share, plus
  • Quarterly Creator Good Share (if applicable), plus
  • Quarterly Donation Service Share (if applicable)

Products and merchandise

For Products provided by Famecast, Creators will be charged a wholesale price above which Creators can (subject to agreed minimum pricing) determine the sale price of any goods within their own Creator Store. 

For purposes of this agreement, “Product Net Revenue” shall mean, during any specified period:

(a) the total gross revenues (calculated in accordance to US GAAP) collected by Famecast in connection with the sale of Products through the Creator’s use of the Platform during the period in question, 

minus 

(b) the sum of 

  • the aggregate costs charged to Creator by Famecast for the Products sold by Creator through the Platform, such costs to be determined (on a sale by sale basis) at the time an order is placed by reference to the Product pricing sheet then in effect per Exhibit 1A of the Famecast Creator Product and Services Master Agreement (on file for the Creator), plus
  • the costs associated with or arising from returned Products, chargebacks, fraud, uninsured losses, Product recalls, and/or warranty claims thereon (including the costs of replacement Products on an “as-delivered” basis), plus 
  • logistics and freight fees, plus 
  • transactions fees, plus
  • payment and/or return/refund processing feesplus
  • any marketing and advertising costs that have been pre-agreed, plus
  • any amounts designated by the Creator for donations to government-recognized charitable organizations, plus
  • any applicable taxes including but limited to VAT

in each case, during the period in question. 

Within 14 days after the end of each calendar month, Famecast shall compute for each such calendar month Product Net Revenue based thereon, in all cases determining the same in reliance on the books and records that Famecast maintains (such amounts being the “Monthly Product Net Revenue”). Famecast shall deliver a copy of such computations to Creator for Creator’s review and approval promptly after their completion. Creator shall have seven days to raise specific objections to such computations, failing which such computations will be deemed accepted and approved for all purposes of this agreement. Promptly after any such objections are raised, Famecast and Creator will, in good faith, use their reasonable efforts to satisfactorily address and resolve such objections, including through mutually agreed equitable adjustments to the Monthly Product Net Revenue computations.

Within 45 days after the end of each calendar month, Famecast will pay, in immediately available funds, 95% of the undisputed Monthly Product Net Revenue for such month, the balance being the “Monthly Product Retention Amount”.

Within 30 days after the end of each calendar quarter, Famecast shall compute for each such calendar quarter Product Net Revenue based thereon, in all cases determining the same in reliance on the books and records that Famecast maintains (such amounts being the “Quarterly Product Net Revenue”). Famecast shall deliver a copy of such computations to Creator for Creator’s review and approval promptly after their completion. Creator shall have 14 days to raise specific objections to such computations, failing which such computations will be deemed accepted and approved for all purposes of this agreement. Promptly after any such objections are raised, Famecast and Creator will, in good faith, use their reasonable efforts to satisfactorily address and resolve such objections, including through mutually agreed equitable adjustments to the Quarterly Product Net Revenue computations. 

If the Quarterly Product Net Revenue for a calendar quarter exceeds the Monthly Product Net Revenue paid by Famecast to Creator in respect of such calendar quarter, then the undisputed portion of such excess (after reducing the same for any outstanding Quarterly Product Overpayment Amounts) shall be paid by Famecast to Creator within 60 days after the date on which Creator submits Creator’s specific objections, and the undisputed balance of such excess, if any (after all such objections are resolved and after reducing such balance by any portion of a Quarterly Product Overpayment Amount still outstanding)(the “Quarterly Product Balance Payment”), shall be paid by Famecast to Creator within 30 days after the date on which Famecast and Creator address and resolve all such objections, and upon Creator’s receipt and acceptance of such Quarterly Product Balance Payment, Creator will be deemed to have relinquished all of Creator’s right, title and interest to, in and under the applicable Monthly Product Retention Amounts.

If (A) the sum of the Monthly Product Net Revenue for such calendar quarter exceeds (B) the sum of (i) the Quarterly Product Net Revenue plus (ii) the sum of the Monthly Product Retention Amounts for such calendar quarter (the excess for any such calendar quarter being the “Quarterly Product Overpayment Amount”), then any amounts owed to Creator in respect of the following calendar quarters shall be reduced by an aggregate amount not to exceed the sum of all such Quarterly Product Overpayment Amounts, notwithstanding anything to the contrary in this agreement.

Services

For Services provided by Famecast including but not limited to Memberships, Events and Ticketing, Creators will receive a percentage of net revenues minus any costs and fees as outlined below. For the avoidance of doubt, this section “Services” does not address charitable gifts, payments and donations (please refer to the section “Donations” below).

For purposes of this agreement, “Services Net Revenue” shall mean, during any specified period:

(a) the total gross revenues (calculated in accordance to US GAAP) collected by Famecast in connection with the sale of Services through the Creator’s use of the Platform during the period in question

minus

(b) the sum of 

  • the costs associated with or arising from chargebacks, fraud, uninsured losses, and/or event or subscription cancellations, plus
  • any minimum event fees (e.g. Famecast Event Fee of $2 per event), plus
  • any transactions fees, plus
  • payment and/or return/refund processing feesplus
  • any marketing and advertising costs that have been pre-agreed, plus
  • any amounts designated by the Creator for donations to government-recognized charitable organizations, plus
  • any applicable taxes and VAT

in each case, during the period in question.

For purposes of this agreement, “Creator Service Share” shall mean, during any specified period:

  • Services Net Revenue for such period multiplied by the Creator Services Revenue Share Percentage (as defined in the Creator Product and Services Master Agreement on file for the Creator)

Within 14 days after the end of each calendar month, Famecast shall compute for each such calendar month Service Net Revenue and Creator Service Share based thereon, in all cases determining the same in reliance on the books and records that Famecast maintains (such amounts being the “Monthly Service Net Revenue” and “Monthly Creator Service Share”). Famecast shall deliver a copy of such computations to Creator for Creator’s review and approval promptly after their completion. Creator shall have seven days to raise specific objections to such computations, failing which such computations will be deemed accepted and approved for all purposes of this agreement. Promptly after any such objections are raised, Famecast and Creator will, in good faith, use their reasonable efforts to satisfactorily address and resolve such objections, including through mutually agreed equitable adjustments to the Monthly Service Net Revenue and Monthly Creator Service Share computations.

Within 45 days after the end of each calendar month, Famecast will pay, in immediately available funds, 95% of the undisputed Monthly Creator Service Share for such month, the balance being the “Monthly Service Retention Amount”.

Within 30 days after the end of each calendar quarter, Famecast shall compute for each such calendar quarter Service Net Revenue and Creator Service Share based thereon, in all cases determining the same in reliance on the books and records that Famecast maintains (such amounts being the “Quarterly Service Net Revenue” and “Quarterly Creator Service Share”). Famecast shall deliver a copy of such computations to Creator for Creator’s review and approval promptly after their completion. Creator shall have 14 days to raise specific objections to such computations, failing which such computations will be deemed accepted and approved for all purposes of this agreement. Promptly after any such objections are raised, Famecast and Creator will, in good faith, use their reasonable efforts to satisfactorily address and resolve such objections, including through mutually agreed equitable adjustments to the Quarterly Service Net Revenue and Quarterly Service Net Revenue computations. 

If the Quarterly Creator Service Share for a calendar quarter exceeds the Monthly Creator Service Share paid by Famecast to Creator in respect of such calendar quarter, then the undisputed portion of such excess (after reducing the same for any outstanding Quarterly Service Overpayment Amounts (as defined below)) shall be paid by Famecast to Creator within 60 days after the date on which Creator submits Creator’s specific objections, and the undisputed balance of such excess, if any (after all such objections are resolved and after reducing such balance by any portion of a Quarterly Service Overpayment Amount still outstanding)(the “Quarterly Service Balance Payment”), shall be paid by Famecast to Creator within 30 days after the date on which Famecast and Creator address and resolve all such objections, and upon Creator’s receipt and acceptance of such Quarterly Service Balance Payment, Creator will be deemed to have relinquished all of Creator’s right, title and interest to, in and under the applicable Monthly Service Retention Amounts.

If (A) the sum of the Monthly Creator Service Share for such calendar quarter exceeds (B) the sum of (i) the Quarterly Creator Service Share plus (ii) the sum of the Monthly Service Retention Amounts for such calendar quarter (the excess for any such calendar quarter being the “Quarterly Service Overpayment Amount”), then any amounts owed to Creator in respect of the following calendar quarters shall be reduced by an aggregate amount not to exceed the sum of all such Quarterly Service Overpayment Amounts, notwithstanding anything to the contrary in this agreement.

Creator Goods

Creator Goods are goods where a Creator is solely responsible for all aspects of procurement, storage, insurance, delivery, customer service, technical support, logistics, fulfillment, and processing of returns, such Creator Goods being procured, stored, insured, delivered, processed, fulfilled, supported, and returned at Creator’s own cost and expense without any expectation of, or right to, any financing or credit or other support from Famecast. Famecast’s only obligations with respect to the sale of Creator Goods through the Platform will be the collection of payment therefor from end users, the transmission of orders to the supplier of such Creator Goods as directed by Creator, and the computation of the Creator Good Net Revenue based on records maintained by Famecast and payment of the Creator Good Share.

For purposes of this agreement, “Creator Good Net Revenue” shall mean, during any specified period:

(a) the total gross revenues (calculated in accordance to US GAAP) collected by Famecast in connection with the sale of Creator Goods through the Creator’s use of the Platform during the period in question, 

minus 

(b) the sum of 

  • the costs associated with or arising from returned Creator Goods, chargebacks, fraud, uninsured losses, Creator Good recalls, and/or warranty claims thereon (including the costs of replacement Creator Goods on an “as-delivered” basis), plus 
  • logistics and freight fees, plus 
  • transactions fees, plus
  • payment and/or return/refund processing feesplus
  • any marketing and advertising costs that have been pre-agreed, plus
  • any amounts designated by the Creator for donations to government-recognized charitable organizations, plus
  • any applicable taxes including but limited to VAT

in each case, during the period in question. 

For purposes of this agreement, “Creator Good Share” shall mean, during any specified period:

  • Creator Good Net Revenue for such period multiplied by the Creator Good Revenue Share Percentage (as defined in the Creator Product and Services Master Agreement on file for the Creator)

Within 14 days after the end of each calendar month, Famecast shall compute for each such calendar month Creator Good Net Revenue and Creator Good Share based thereon, in all cases determining the same in reliance on the books and records that Famecast maintains (such amounts being the “Monthly Creator Good Net Revenue” and “Monthly Creator Good Share”). Famecast shall deliver a copy of such computations to Creator for Creator’s review and approval promptly after their completion. Creator shall have seven days to raise specific objections to such computations, failing which such computations will be deemed accepted and approved for all purposes of this agreement. Promptly after any such objections are raised, Famecast and Creator will, in good faith, use their reasonable efforts to satisfactorily address and resolve such objections, including through mutually agreed equitable adjustments to the Monthly Creator Good Net Revenue and Monthly Creator Good Share computations.

Within 45 days after the end of each calendar month, Famecast will pay, in immediately available funds, 95% of the undisputed Monthly Creator Good Share for such month, the balance being the “Monthly Creator Good Retention Amount”.

Within 30 days after the end of each calendar quarter, Famecast shall compute for each such calendar quarter Creator Good Net Revenue and Creator Good Share based thereon, in all cases determining the same in reliance on the books and records that Famecast maintains (such amounts being the “Quarterly Creator Good Net Revenue” and “Quarterly Creator Good Share”). Famecast shall deliver a copy of such computations to Creator for Creator’s review and approval promptly after their completion. Creator shall have 14 days to raise specific objections to such computations, failing which such computations will be deemed accepted and approved for all purposes of this agreement. Promptly after any such objections are raised, Famecast and Creator will, in good faith, use their reasonable efforts to satisfactorily address and resolve such objections, including through mutually agreed equitable adjustments to the Quarterly Creator Good Net Revenue and Quarterly Creator Good Net Revenue computations. 

If the Quarterly Creator Good Share for a calendar quarter exceeds the Monthly Creator Good Share paid by Famecast to Creator in respect of such calendar quarter, then the undisputed portion of such excess (after reducing the same for any outstanding Quarterly Creator Good Overpayment Amounts (as defined below)) shall be paid by Famecast to Creator within 60 days after the date on which Creator submits Creator’s specific objections, and the undisputed balance of such excess, if any (after all such objections are resolved and after reducing such balance by any portion of a Quarterly Creator Good Overpayment Amount still outstanding)(the “Quarterly Creator Good Balance Payment”), shall be paid by Famecast to Creator within 30 days after the date on which Famecast and Creator address and resolve all such objections, and upon Creator’s receipt and acceptance of such Quarterly Creator Good Balance Payment, Creator will be deemed to have relinquished all of Creator’s right, title and interest to, in and under the applicable Monthly Creator Good Retention Amounts.

If (A) the sum of the Monthly Creator Good Share for such calendar quarter exceeds (B) the sum of (i) the Quarterly Creator Good Share plus (ii) the sum of the Monthly Creator Good Retention Amounts for such calendar quarter (the excess for any such calendar quarter being the “Quarterly Creator Good Overpayment Amount”), then any amounts owed to Creator in respect of the following calendar quarters shall be reduced by an aggregate amount not to exceed the sum of all such Quarterly Creator Good Overpayment Amounts, notwithstanding anything to the contrary in this agreement.

Donations

For Creators that are government-recognized non-profit or charitable organizations utilizing the Services to solicit donations from Fans, Creators will receive a percentage of net revenues minus any costs and fees as outlined below.

For purposes of this agreement, “Donation Net Revenue” shall mean, during any specified period:

  • the total gross revenues (calculated in accordance to US GAAP) collected by Famecast in connection with the sale of Services through the Creator’s use of the Platform during the period in question

minus

(b) the sum of 

  • the costs associated with or arising from chargebacks, fraud, uninsured losses, and/or event or subscription cancellations, plus
  • any minimum event fees (e.g. Famecast Event Fee of $2 per event), plus
  • any transactions fees, plus
  • payment and/or return/refund processing feesplus
  • any marketing and advertising costs that have been pre-agreed, plus
  • any applicable taxes and VAT

in each case, during the period in question.

For purposes of this agreement, “Donation Service Share” shall mean, during any specified period:

  • Donation Net Revenue for such period multiplied by the Donation Revenue Share Percentage (as defined in the Creator Product and Services Master Agreement on file for the Creator)

Within 14 days after the end of each calendar month, Famecast shall compute for each such calendar month Donation Net Revenue and Donation Service Share based thereon, in all cases determining the same in reliance on the books and records that Famecast maintains (such amounts being the “Monthly Donation Net Revenue” and “Monthly Donation Service Share”). Famecast shall deliver a copy of such computations to Creator for Creator’s review and approval promptly after their completion. Creator shall have seven days to raise specific objections to such computations, failing which such computations will be deemed accepted and approved for all purposes of this agreement. Promptly after any such objections are raised, Famecast and Creator will, in good faith, use their reasonable efforts to satisfactorily address and resolve such objections, including through mutually agreed equitable adjustments to the Monthly Donation Net Revenue and Monthly Donation Service Share computations.

Within 45 days after the end of each calendar month, Famecast will pay, in immediately available funds, 95% of the undisputed Monthly Donation Service Share for such month, the balance being the “Monthly Donation Retention Amount”.

Within 30 days after the end of each calendar quarter, Famecast shall compute for each such calendar quarter Donation Net Revenue and Donation Service Share based thereon, in all cases determining the same in reliance on the books and records that Famecast maintains (such amounts being the “Quarterly Donation Net Revenue” and “Quarterly Donation Service Share”). Famecast shall deliver a copy of such computations to Creator for Creator’s review and approval promptly after their completion. Creator shall have 14 days to raise specific objections to such computations, failing which such computations will be deemed accepted and approved for all purposes of this agreement. Promptly after any such objections are raised, Famecast and Creator will, in good faith, use their reasonable efforts to satisfactorily address and resolve such objections, including through mutually agreed equitable adjustments to the Quarterly Donation Net Revenue and Quarterly Donation Net Revenue computations. 

If the Quarterly Donation Service Share for a calendar quarter exceeds the Monthly Donation Service Share paid by Famecast to Creator in respect of such calendar quarter, then the undisputed portion of such excess (after reducing the same for any outstanding Quarterly Donation Service Overpayment Amounts (as defined below)) shall be paid by Famecast to Creator within 60 days after the date on which Creator submits Creator’s specific objections, and the undisputed balance of such excess, if any (after all such objections are resolved and after reducing such balance by any portion of a Quarterly Donation Service Overpayment Amount still outstanding)(the “Quarterly Donation Service Balance Payment”), shall be paid by Famecast to Creator within 30 days after the date on which Famecast and Creator address and resolve all such objections, and upon Creator’s receipt and acceptance of such Quarterly Donation Service Balance Payment, Creator will be deemed to have relinquished all of Creator’s right, title and interest to, in and under the applicable Monthly Donation Retention Amounts.

If (A) the sum of the Monthly Donation Service Share for such calendar quarter exceeds (B) the sum of (i) the Quarterly Donation Service Share plus (ii) the sum of the Monthly Donation Retention Amounts for such calendar quarter (the excess for any such calendar quarter being the “Quarterly Donation Service Overpayment Amount”), then any amounts owed to Creator in respect of the following calendar quarters shall be reduced by an aggregate amount not to exceed the sum of all such Quarterly Donation Service Overpayment Amounts, notwithstanding anything to the contrary in this agreement.

Creator Share and Platform Fee Calculations via @famecastmedia
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