This is an agreement between Twitch Interactive, Inc. and its affiliates (“Twitch”) and you (if registering as an individual) or the entity you represent (if registering as a business) (“Developer” or “you”). For clarity, your rights under this Developer Agreement do not extend to your affiliates unless explicitly permitted herein or otherwise approved of by Twitch in advance.
This agreement (the “Agreement”) includes the body of the agreement below, all schedules to this agreement (“Schedules”), and all terms, rules and policies that we make available for participating and using the Program Materials, including on the Twitch Developer Site. However, the terms in each Schedule and the rules and policies only apply to you if you engage in the activity or use the Program Materials (defined in Section 2) to which the Schedule, rules or policies apply.
Please read the terms and conditions of this Agreement carefully. By accessing and using the Program Materials, you are entering into a legally binding agreement with Twitch, meaning you agree to comply with and to be bound by this Agreement. If you do not agree to be bound by this Agreement, do not access or otherwise use the Program Materials. For clarity, the various activities that Twitch prohibits in this Agreement include facilitating the same activities if done by a third party.
This Agreement binds your use of the Program Materials unless Twitch and you have executed another agreement that governs your use of the Program Materials in which case such other agreement supersedes this Agreement and the terms herein to the extent there is conflict.
1. Apps: are software applications, games, websites, channels, Extensions, Drops, and other digital products that you (a) submit to Twitch for license, sale, distribution, or promotion, and/or (b) which use any Program Materials, together with their enhancements, upgrades, updates, bug fixes, new versions and other modifications and amendments.
2. Program Materials: certain software, software development kits, libraries, application programing interfaces (“APIs”), services, documentation, specifications, sample code, data, metadata, technology, and any other related or ancillary materials and information that are made available under this Agreement to you by or on behalf of Twitch pursuant to the program you participate in on the corresponding Schedule. For clarity, Program Materials do not include any any global emotes or Cheermotes from or on www.twitch.tv.
3. Twitch Content: User Content and Third-Party Content collectively as defined in Twitch’s Terms of Service located at https://www.twitch.tv/p/legal/terms-of-service/ and includes without limitation messages, materials, data, information, text, music, sound, photos, video, graphics, applications, code or other items or materials.
4. Twitch Developer Site: the developer web portal located at https://dev.twitch.tv/ or any successors thereto.
5. Twitch Marks: name, trademarks, service marks, logos and other brand indicia that Twitch makes available to you.
6. Twitch Services: as defined in Twitch’s Terms of Service located at https://www.twitch.tv/p/legal/terms-of-service/.
7. Your Services: your Apps, all content, ads, services, technology, data, digital goods, and other materials included in or made available through your Apps.
B. Program Materials License
1. Usage. Your use of certain Program Materials is also subject to the additional terms in any Schedules that apply to those particular Program Materials. You are solely responsible for ensuring Your Services function properly with any Program Materials you use, including any future updated or modified versions of those Program Materials.
2. License from Twitch. Subject to the terms and conditions in this Agreement, Twitch hereby grants you a limited, non-exclusive, worldwide, royalty free, non-transferable, non-sublicensable, revocable license during the Term to:
i. Use and reproduce the Program Materials solely to develop, test, promote, measure, support and operate Your Services. If the Program Materials include any libraries, sample code, or other materials we make available specifically for incorporation in Your Services (as indicated by the applicable documentation), you may incorporate those particular Program Materials in Your Services and reproduce and distribute those Program Materials as incorporated in Your Services. You may also modify any such sample code to the extent necessary to incorporate it in Your Services. All sample code will be identified as such.
ii. Use and display Twitch Marks in accordance with the Twitch Brand Asset Guidelines located at https://www.twitch.tv/p/brand/, solely to attribute Twitch’s offerings as the source of the Program Materials as set forth in this Agreement.
3. Limitations. You must comply with all instructions and requirements in any integration documents, guidelines, policies, or other documentation that we provide or make available to you. You will not reverse engineer, disassemble or decompile the Program Materials or otherwise compromises Twitch’s rights in the Program Materials. You will not take any action related to the Program Materials that interferes with, damages, or accesses or uses in any unauthorized manner the hardware, software, networks, technologies or other properties or services of Twitch or of any end user, mobile operator or other third party. You will not use the Program Materials with any software or other materials that are subject to licenses or restrictions (e.g., open source software licenses) that, when combined with the Program Materials, would require Twitch to disclose, license, distribute or otherwise make all or any part of such Program Materials available to anyone. You will not remove, modify, or obscure any copyright, patent, trademark or other proprietary or attribution notices on or in any Program Materials. All licenses granted to you in this Agreement are conditional on your continued compliance with this Agreement, and will immediately and automatically terminate if you do not comply with any term or condition of this Agreement.
4. Incorporated Terms. Your use of the Program Materials is further subject to and governed by the following terms and conditions:
Twitch Trademark Guidelines located at https://www.twitch.tv/p/legal/trademark/ (“Trademark Guidelines”) as it relates to your use and display of the Twitch Marks; and Twitch’s Community Guidelines located at https://www.twitch.tv/p/legal/community-guidelines/ (“Community Guidelines”).
Your Services will not, and you will not encourage or create functionality for your end users or other third parties that violates Twitch’s Community Guidelines.
In the event of a conflict between this Agreement and any of the above policies, this Agreement shall control.
A. Ownership of Program Materials. The Program Materials are the intellectual property of Twitch or its licensors. The Program Materials are licensed, not sold, and Twitch retains and reserves all rights not expressly granted in this Agreement. You expressly acknowledge that Twitch, its licensors and its end users retain all worldwide right, title and interest in and to the Program Materials, Twitch Services and Twitch Content, including all rights in patents, trademarks, trade names, copyrights, trade secrets, know-how, data, insights into such data (including all derivative works, applications therefor), and all proprietary rights under the laws of the United States, any other jurisdiction or any treaty.
B. Ownership of Your Services. Except to the extent Your Services contain Program Materials or Twitch Content, you (or your licensors) own all right, title and interest in Your Services and Twitch claims no ownership or control over Your Services.
C. Feedback. You may provide Twitch with comments concerning the Program Materials, Twitch Services or your evaluation and use thereof (collectively, “Feedback”). You hereby grant Twitch all right, title and ownership of such Feedback (including all intellectual property rights therein), and Twitch may use the Feedback for any and all commercial and non-commercial purposes with no obligation of any kind to you.
B. Keys. Once you have successfully registered Your Services, you will be issued one or more unique security keys, secrets, tokens, access codes, passwords or other credentials (collectively, “Keys”). The Keys enable us to associate your Program Materials with Your Services and end users of Twitch Services. All activities that occur using your Keys are your responsibility. Keep them secret. Also, you may not sell, transfer, or sublicense them.
C. Rate Limits. You will not attempt to exceed or circumvent limitations on access to and use of the Program Materials, exceed or circumvent any limitation on the API calls you may make, or otherwise use the Program Materials in a manner that exceeds reasonable request volume, or constitutes excessive or abusive usage (“Rate Limits”). If Twitch, at its sole discretion, determines that you have attempted to exceed or circumvent Rate Limits, or other controls that limit use of the Program Materials, then your ability to use the Program Materials may be temporarily suspended or permanently blocked.
D. Security Measures. Your network, operating system and the software of your web servers, databases, and computer systems must be properly configured to securely operate and store Your Services. Your Services must use industry standard security measures to protect against and prevent security breaches of Your Services and any unauthorized disclosure of the personal information of your end users, including administrative, physical and technical safeguards for protection of the security, confidentiality and integrity of the personal information of your end users and the Program Materials. You must promptly report any security deficiencies in, or intrusions to, Your Services that you discover or are reported to you to Twitch in writing via email to email@example.com or subsequent contact information posted in the Twitch Developer Site.
E. Audit and Monitoring. You agree to provide us with access to Your Services and/or other materials related to your use of the Program Materials as may be requested by us to verify your compliance with this Agreement, to audit your use, display and storage of the Program Materials, and/or to improve the Twitch Service. You agree that we may crawl or otherwise monitor Your Services related to your use of the Program Materials and you agree not to block or interfere with such efforts by Twitch.
Twitch may provide you with support or modifications for the Program Materials in our sole discretion and Twitch may stop providing support or modifications to you at any time without notice and without any obligation or liability to you. You are solely responsible for providing user support and any other technical assistance to end users of Your Service. Twitch may redirect Customers and potential end users of Your Service who have inquiries or who require support to the email address contained in your Registration Data.
A. This Section VI sets forth Twitch policy with respect to your use and disclosure of data collected from your Extensions or Drops Programs (as defined in the Schedules), or through your use of related Program Materials, including any insights derived from that data or in combination with other data to which you have access.
B. Data may not be used for purposes other than (a) creating compelling benefits that improve the end user experience in your Extensions or Drops Programs and are also exclusive to the Twitch Services; (b) sending administrative communications such as facilitating the redemption of digital items to end users or notifying an end user of updates for customer service purposes; (c) sending periodic promotional communications to end users regarding features and benefits of your Extensions or Drops Programs that are available to all end users of Twitch Services (provided, You present a mechanism to allow an end user to unsubscribe to promotional communications and such communications’ primary purpose is not to promote or drive Twitch’s end users to competing products or services); (d) as necessary to process transactions (i.e., charging broadcasters for certain functionality); and (e) for the limited purposes for which the end user has given you permission to do so; provided, that Twitch provides express prior approval for such limited purposes. Notwithstanding the foregoing, and without limiting the generality of the Agreement, Twitch reserves all right to terminate this Agreement for violations of this Section VI in its sole discretion at any time, with or without advance notice.
C. Data, including any data you collect about Twitch’s end users or their browser activity, or insights derived from that data, may not be sold or made available to, or otherwise shared with, any affiliates or third parties for any purpose without Twitch’s permission.
D. If you receive personal or sensitive information from end users, you must store and process it reasonably securely with appropriate administrative, organizational, technical, and physical security controls and only for as long as it is needed. Any data collected that you share with a third party with Twitch’s permission is subject to these requirements and may only be used by that third party or entity for the purposes identified above.
E. With respect to Extensions and Drops Programs, you must include the functionality for an end user to login with an existing Twitch user ID or link the end user’s Twitch user ID with your App ID. Any request to Twitch’s end users to authenticate into your Apps, or functionality that permits authentication, must reasonably disclose the permissions being sought for access to the end user’s data but may not in any circumstances contradict this Agreement, and use only authentication flows that are set forth in the relevant Program Materials or have been approved by Twitch. You may not continue to associate a user ID with an end user if he or she un-authenticates from your App.
F. You must delete all data collected upon termination of the Agreement, revocation or reduction in scope of end user authorization, or upon Twitch’s request, and cause any affiliates or third parties with whom you have shared copies to do the same.
G. In the event you are registered as an individual developer and become employed by a third party, or the entity you represent undergoes a corporate change in control through merger, acquisition, or otherwise, you must obtain our express prior approval before your new employer or the surviving entity, as the case may be, may collect, store, use, disclose, or otherwise process the data described herein -- including any insights or aggregated information derived from such data or user-related data.
We reserve the right to change this Agreement at any time in our discretion. We will give you notice of the changes by posting an updated version of this Agreement online or by emailing you at an email address you have provided. Changes to the payment of applicable Royalties will be effective 30 days after we post them or otherwise notify you of them. Any other changes to the Agreement will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. You are responsible for checking for Agreement updates. Your continued use of the Program Materials after changes to this Agreement take effect will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Program Materials and terminate this Agreement.
The term of this Agreement will commence on the earlier of your acceptance of these terms or your first use of any of the Program Materials and the term will continue until either party terminates this Agreement. Twitch may immediately terminate or suspend this Agreement, any rights granted herein, and/or your license to the Program Materials, at its sole discretion at any time, for any reason with or without advance notice. Twitch may further terminate, suspend, or discontinue the Program Materials or any part thereof or may provide limits on access or use of certain features or elements of the Program Materials. You may terminate this Agreement at any time by ceasing use of all Program Materials. Upon termination of this Agreement, all licenses granted herein immediately expire and you must cease use of all Program Materials. The parties to this Agreement will not be liable to each other for any damages resulting solely from termination of this Agreement as permitted under this Agreement. Sections III, VII, VIII, IX, and X of this Agreement will survive termination of this Agreement.
You will: (a) protect and not disclose information made available by us that is identified as confidential or that reasonably should be considered confidential; (b) use this information only to fulfill your obligations under this Agreement; and (c) either destroy or return all such information to us promptly when the Agreement terminates (and, upon request, confirm such destruction in writing). This paragraph covers all confidential information regardless of when you receive it. You acknowledge that Twitch may make public statements describing Your Services along with its integration with Twitch.
You represent, warrant and covenant that:
A. You are at least the legal age of majority and that you are able to form a legally binding contract. If Developer is a business or other legal entity and not an individual, then the individual entering into this Agreement on Developer’s behalf represents that he or she has all necessary legal authority to bind Developer to this Agreement;
B. You have the full right, power, and authority to enter into and fully perform this Agreement;
Before providing Twitch or any end user Your Services, you will have obtained the rights necessary for the exercise of all rights granted under this Agreement, and you will be solely responsible for and will pay any licensors or co-owners any royalties or other monies due to them related to Your Services;
C. None of Your Services or the sale, distribution, or promotion thereof will violate any law; require Twitch to obtain any license, authorization, or other permission from any governmental agency or other third party; contain any defamatory material; or violate or infringe any intellectual property, proprietary, or other rights of any person or entity (including contractual rights, copyrights, trademarks, patents, trade dress, trade secret, common law rights, rights of publicity, or privacy, or moral rights);
D. Your Services may be imported to, exported from, and lawfully used in the United States, all countries in which we operate a particular product or service defined in a Schedule, and all countries in which you’ve authorized sales to end users (without the need for us to obtain any license or clearance or take any other action) and Your Services are in full compliance with all applicable laws governing imports, exports, and use, including those applicable to software that incorporates or makes use of information security technology, including but not limited to encryption technology;
E. Your Service will not contain any viruses, spyware, “Trojan horses,” or other “malware” or harmful code, and will not cause injury to any person or damage to any property; and
You will include any attributions, copyright information and other notices, terms and conditions that may be required to be provided to end users based on your use of third party “open source” software or other third party intellectual property in your Service.
A. Compliance with Laws. You will comply with all applicable foreign, federal, state, and local laws, rules and regulations. You will maintain throughout the Term all rights and licenses that are required with respect to your Services. You represent and warrant to Twitch that, excluding the Program Materials, you have the right to use, reproduce, transmit, copy, publicly display, publicly perform, and distribute Your Services, and that use of Your Services by Twitch and its end users will not violate the rights of any third party, or any applicable regulation or law, including the Digital Millennium Copyright Act, the laws of any country in which Your Services are made available and any applicable export laws.
B. Privacy Obligations. In addition, if you (or any third-party plug-in or service provider you use) have access to any name, password, other login information, or personally identifiable information or personal data of any end user based on your use of the Program Materials or any use of or interaction with Your Service, you will (i) provide legally adequate privacy notices to such end user, (ii) obtain any necessary consent from the end user for the collection, use, transfer, and storage of the information, (iii) use and authorize others to access and use the information only for the purposes permitted by the end user or as set forth in this Agreement, and (iv) ensure the information is collected, used, transferred, and stored in accordance with applicable privacy notice(s) and applicable laws. Without limiting the generality of this Agreement, you will provide Twitch with reasonable assistance in relation to Twitch's handling of requests from end users to exercise their individual rights under applicable data privacy law, for example, the right to access data, to compel data deletion or correction, etc. You may not use Program Materials that Twitch intended to provide in the form of anonymous data to personally identify end users unless expressly permitted by Twitch.
C. Export and Import. The Program Materials may not be sold, leased, downloaded, moved, exported, re-exported, or transferred across borders without a license, or approval from the relevant government authority, to any country or to any foreign national restricted by U.S. export laws, including countries embargoed by the U.S. Government (currently Cuba, Iran, North Korea, Northern Sudan and Syria); or to any restricted or denied end user including, but not limited to, any person or entity prohibited by the U.S. Office of Foreign Assets Control; or for any restricted end-use.
D. Warranty Disclaimer. THE PROGRAM MATERIALS ARE PROVIDED TO YOU “AS IS”, “WHERE IS”, WITH ALL FAULTS AND EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TWITCH DOES NOT WARRANT THAT THE PROGRAM MATERIALS WILL MEET ANY OF YOUR REQUIREMENTS OR THAT ITS USE WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE. THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT (UNLESS SUCH LAW PROVIDES OTHERWISE).
E. Indemnification. You will defend, hold harmless, and indemnify Twitch from any claim, demands, suits or action brought by a third party, including all damages, liabilities, and costs (including without limitation reasonable attorneys’ fees) to the extent arising out of: (i) your use of the Program Materials in any manner that is inconsistent with this Agreement; (ii) your breach of your representations, warranties or obligations; or (iii) the performance, promotion, sale or distribution of Your Services (each, a “Claim”). You will not consent to the entry of a judgment or settle a Claim without our prior written consent, which may not be unreasonably withheld. You will use counsel reasonably satisfactory to Twitch to defend each Claim. If we reasonably determine that a Claim might adversely affect Twitch, we may take control of the defense at our expense (and without limiting your indemnification obligations). Twitch shall not settle any such claim requiring payment from you without your prior written approval.
F. Limitation of Liability. IN NO EVENT WILL TWITCH BE LIABLE TO YOU OR ANY CUSTOMER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF OR DAMAGE TO USE, DATA, BUSINESS, GOODWILL OR PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PROGRAM MATERIALS. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT SO AS TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITIES SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
1. Entire Agreement. This Agreement (and the incorporated terms referenced in the Schedules) constitutes the entire agreement among the parties with respect to the subject matter and supersedes and merges all prior proposals, understandings and contemporaneous communications.
2. Assignment. You may not assign any of the rights or obligations granted hereunder, in whole or in part, whether voluntarily or by operation of law, except with the prior written consent of Twitch. Any attempted assignment in violation of this paragraph is null and void, and Twitch may terminate this Agreement.
3. No Joint Venture. This Agreement does not create or imply any partnership, agency or joint venture.
4. Applicable Law and Venue Section. This Agreement will be governed by and construed in accordance with the laws of the State of Washington, without regard to or application of conflicts of law rules or principles. All claims arising out of or relating to this Agreement will be brought exclusively in the federal or state courts of King County, Washington, USA, and you consent to personal jurisdiction in those courts. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA) shall apply to this Agreement, regardless of the states in which the parties do business or are incorporated.
5. Injunctive Relief. You agree that money damages would be an inadequate remedy for Twitch in the event of a breach or threatened breach of a provision of this Agreement protecting Twitch’s intellectual property or Confidential Information, and that in the event of such a breach or threat, Twitch, in addition to any other remedies to which it is entitled, is entitled to such preliminary or injunctive relief (including an order prohibiting Company from taking actions in breach of such provisions), without the need for posting bond, and specific performance as may be appropriate.
6. No Waiver/Severability. No waiver by Twitch of any covenant or right under this Agreement will be effective unless memorialized in a writing duly authorized by Twitch. If any part of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of this Agreement will remain in full force and effect.
The terms of this Schedule apply if you use Twitch’s APIs. “Twitch APIs” means any of the Program Materials we make available to use Twitch’s application programming interfaces, embeddable players, and other materials, specifically found here: https://dev.twitch.tv.
For clarity, analytics data or metadata that we make available via both Twitch’s APIs as well as other methods -- for example, a CSV file export, visualizations, graphs, charts, etc. -- in connection with end user activity on twitch.tv pertaining to Your Services are all considered “Program Materials” for the purposes of this Agreement. The terms in this Schedule are designed to provide you with guidelines and rules for developing Your Services, including without limitation tools that use and interact with Twitch’s applications, services, APIs, content, community, and website. Our aim is to provide developers with a tools and services to build services and products that enrich, inform and evolve functionality on Twitch. Put simply - we want Your Services to be a new user experience that wows the community.
There should be no surprises:
Request only the data and publishing permissions Your Services need:
If Your Services allow end users to post content to Twitch, then, before publishing, we recommend showing the end user a preview of what will be published on Twitch.
We encourage you to use Twitch’s embed products to showcase Twitch Content, if none exists, obtain authorization before using a Twitch’s end user’s content either (a) to promote a commercial product or service; or (b) within Your Services. Twitch does not own all Twitch Content provided by its end users, and offering APIs that allow you to reproduce or display Twitch Content is not an express or implied license to the content from Twitch. You must seek permission from Twitch’s end users, or consider whether your use meets a legal exception.
Inappropriate & Appropriate Commercial Uses
Twitch will consider authorizing you to use the Twitch APIs to engage in the following activities only after entering into a separate agreement and running through an approval process:
Storage of Program Materials/Twitch Content
Follow end user controls when deciding whether to store an end user’s data.
A) Delete Program Materials, or Twitch Content, Twitch reports as deleted or expired.
B) Honor changes made on or related to Program Materials and Twitch Content.
Requirements for Specific Features and APIs
1. Embeddable Player
We consider chat to be an essential component of the broadcast experience on Twitch. It is our belief, and we hope this informs your thinking, that Twitch broadcasters should be able to do the following with chat:
Specific guidelines with Chat:
Twitch Social Content and Data
If you allow end users to create social updates, allow end users to easily share content created in Your Services back to Twitch whenever possible.
Maintain the integrity of the Program Materials:
A. No-commingling of Program Materials, making modifications, and deleting portions of Program Materials that reveal incomplete data sets;
B. Update frequently to return accurate information.
Ensure that there is a clear path to the source from displays of Program Materials in Your Services. Appropriately attribute uses of Program Materials or Twitch Content.
The terms of this Schedule apply if you participate in Twitch Extensions.
In the event of conflict or inconsistency between this Schedule 2 and the body of the Agreement or another Schedule thereto, the order of precedence will be: the Agreement, Schedule 2, any other Schedule. This Schedule 2 includes all terms, rules and policies that we make available for participating and using the Program Materials associated with Twitch Extensions, including the documentation available from the Twitch Developer Site, in particular, located at https://dev.twitch.tv/docs/extensions/.
For the purposes of this Schedule 2, the term “Extensions” means Your Services that are licensed, sold, distributed, or promoted on the twitch.tv web application, or its mobile and console equivalents, in connection with Twitch Extensions.
Instructions, rules, and recommendations regarding your participation in Twitch Extensions follow:
Data Collection, Sharing, and Use
Bits in Extensions
License to Twitch
You grant Twitch a nonexclusive, worldwide, royalty-free license to reproduce, store, distribute, perform, display, modify, and use Your Services for the purpose of operating Twitch Extensions, including marketing, branding, and promoting Twitch Extensions. You may terminate the license you grant Twitch in connection with Your Services, however, Twitch may continue to retain an Extension, and associated content, on its systems for archival purposes.
Take Down and Removal
Twitch reserves the right to remove your Extension from Twitch Extensions, for any reason, at any time.
Without limiting the generality of the body of this Agreement, Twitch may collect, analyze, use and share data on the use of Your Extensions by broadcasters and end users.
Revenue Share, Payment Terms, Taxes
The terms of this Schedule apply if you participate in or use the Drops Program (as defined below).
In the event of conflict or inconsistency between this Schedule 3 and the body of the Agreement or another Schedule thereto, the order of precedence will be: the Agreement, Schedule 3, any other Schedule. This Schedule 3 includes all terms, rules and policies that we make available for participating and using the Program Materials associated with the Drops Program.
This Schedule, as incorporated into and made a part of the Agreement, binds your use of the Drops Program unless Twitch and you have executed another agreement that governs your use of the Drops Program in which case such other agreement supersedes this Agreement and the terms herein. Any capitalized terms used herein but not otherwise defined shall have the definitions set forth in the Agreement.
“Aggregate Data” means viewing statistics of end users of Twitch Services that have been aggregated so that no individual viewer is identifiable.
“Drop(s)” are virtual goods offered to end users of Participating Games who achieve certain viewing milestones to be determined by you on Game Channels (i.e., minutes watched). Drops are not transferable between End Users Accounts and, once delivered, cannot be exchanged for other items without prior written approval from Twitch.
“Drops Program” means the program in which you are participating by agreeing to deliver Drops in exchange for access to VHS for a Participating Game in accordance with the terms of this Schedule.
“Game Channel” means a channel on Twitch.tv that features streams of a Participating Game that (a) is operated by you (you will identify such channels to Twitch and provide any updates); or (b) is a 3rd party channel selected through mutual agreement of the parties.
“End User Account” means the registered account of an end user of your games or services.
“Linked Accounts” means the End User Account and Twitch Account of a Linked User.
“Linked User” means a person who has both an End User Account and a Twitch Account, and has opted-in to link these accounts on the Opt-In Page. Linked Users exclude those persons who have linked multiple End User Accounts to one Twitch Account or vice versa.
“Linked User Data” means the data regarding Linked Accounts that Twitch will disclose to you via VHS pursuant to this Schedule, which may be amended from time to time at the sole discretion of Twitch. Linked User Data will only include data represented by the following fields: (i) Twitch Account ID for Linked User; (ii) requestinfo - Unique ID for a request; (iii) caster - Your Account ID of the Broadcaster; (iv) channel - Twitch Channel Name; (v) viewers - a count of all viewers; and (vi) viewer - a list of all your Account ID's that are viewing this "caster/channel" content.
“Opt-In Page” means the Twitch provided website that allows an end user of Twitch Services to opt-in to have his or her End User Account and Twitch Account linked.
“Participating Game” means one, or more than one, game(s) published by you (you will identify such games to Twitch and provide any updates).
“Twitch Account” means the registered account of an end user of the Twitch Services.
“VHS” means the Viewer Heartbeat Service of Twitch that, through an application programming interface accessible by a game developer through its developer account, allows such game developer to access Linked User Data regarding Linked Users on channels of Participating Games on Twitch.tv on a real-time basis.
II. Drops Program
A. Drops Program Obligations
1. Your Obligations
a. Develop Drops in connection with Participating Games for a Linked User to receive when such Linked User achieves certain measurable metrics on Game Channels, such as viewing behavior, game activity, or any combination thereof (“Milestones”).
b. Determine each Milestone that a Linked User must achieve in order to be eligible to receive a Drop. You may not base Milestones on commercial transactions that take place on the Twitch Services and are initiated by a Linked User, including, without limitation, purchases of video games or in-game items, channel subscriptions, or purchases of Bits, without prior written approval from Twitch.
c. If requested by Twitch, notify Twitch (email to suffice) promptly after completing development of each Drop. Such written notification shall do the following (i) identify the Milestone required for a Linked User to receive such Drop; (ii) provide a description of the Drop; (iii) identify the Participating Game(s) associated with the Drop; and (iv) identify the Game Channel(s) where Drops will be provided to Linked Users that achieve the Milestones.
d. In order to receive VHS for a Participating Game, you shall develop and distribute at least one unique Drop per quarter for that Participating Game. Twitch may disable VHS for a Participating Game if, at the end of any quarter, you did not distribute a Drop for that Participating Game in that quarter.
e. Exclusive Content: If you distribute a Drop through the Drops Program, you shall not distribute such Drop (or any content materially similar to such Drop) on any third-party streaming platform for 30 days before or after initial distribution of that Drop (“Drop Window”) through the Drops Program. Notwithstanding the foregoing, you may distribute such Drop (or any content materially similar such Drop) within your own games or platforms.
f. Exclusive Program: You will not enter into any program similar to the Drops Program with a third-party streaming platform for 90 days before or after initial distribution of a Drop through the Drops Program. The foregoing restriction does not apply to your own programs or any programs that existed as of the date you entered into this Schedule.
g. Develop Drops in a manner that is compatible with Twitch Services and in compliance with Twitch Policies.
h. Deliver Drops to Linked Users who have achieved the Milestones. This obligation shall exist so long as any Drops are able to be redeemed by Linked Users. You shall ensure that delivery of Drops to Linked Users are in accordance with your policies, and any applicable terms of service for the Participating Games. You may not allow end users to link multiple End User Accounts to one Twitch Account or vice versa, and, for clarity, such end users are ineligible for delivery of Drops by you notwithstanding the achievement of any Milestones.
i. Provide customer service and help documentation for Linked Users pertaining to the redemption, use, and delivery of Drops.
2. Twitch shall do the following
a. Implement a user interface on the Twitch Services that notifies a Linked User who has achieved a Milestone when Drops are available for such Linked User (“Drops Notification”).
b. Display Drops Notifications on Game Channels for Linked Users who have achieved Milestones as determined by you.
c. Include a mechanism for broadcasters to disable or enable, during broadcasts of Participating Games, Drops for Linked Users that are viewing that channel (“Broadcaster Agreements”). The Broadcaster Agreements shall not charge broadcasters or in any way reduce their advertising commissions for participating in the Drops program. Such Broadcaster Agreements will provide that each participating broadcaster shall allow Drops Notifications to be displayed to Linked Users on such broadcaster’s Game Channel.
B. Linked User Data
1. Twitch shall provide Linked User Data to you through VHS for each Participating Game for which you have developed and distributed Drops in compliance with Section I(A)(1). As a condition to receiving the Linked User Data, (i) you must create a developer account and agree to and comply with all Twitch Policies related to developer accounts, and (iii) you must comply with the Additional Privacy Obligations, including but not limited to the end user consent requirements, as set forth in Section III below. Twitch may immediately terminate your access to VHS for any breach of this Section.
2. Twitch grants you a revocable, royalty free license to use the Linked User Data and Aggregate Data (“Twitch Data”) in the manner described under Section 6 of the Agreement, Data Policies.
You hereby grant to Twitch a perpetual, worldwide, non-exclusive, royalty-free, no-charge, irrevocable license to reproduce, distribute, publicly display, publicly perform, modify and create derivative works of any Drops content made available to Linked Users through Twitch Services for the purposes of Twitch’s performance of its obligations and exercise of rights as provided under this Schedule.
A. As between Twitch and you, Twitch retains all right, title and interest in and to: (a) the Twitch Services, VHS, Linked User Data, Aggregate Data and any features of Twitch Services; (b) all modifications to and derivative works of the items described in subsection (a) above; and (c) any and all patents, copyrights, moral rights, trademarks, trade secrets and any other form of intellectual property rights recognized in any jurisdiction (collectively, “Intellectual Property Rights”) embodied in the items described in subsections (a) and (b) above. All rights not expressly granted by Twitch to you herein are hereby reserved by Twitch.
B. Subject to Section II(A), as between Twitch and you, you retain all right, title and interest in and to the Participating Games and Drops content, and any derivative works or enhancements thereof.
IV. Additional Privacy Obligations
The terms of this Schedule apply if you upload any box art or equivalent packaging or artwork representing your goods or services.
In the event of conflict or inconsistency between this Schedule 4 and the body of the Agreement or another Schedule thereto, the order of precedence will be: the Agreement, Schedule 4, any other Schedule.
If you upload any box art or equivalent packaging or artwork representing your goods or services via the Twitch Developer Site (“Portal Content”), you hereby agree that such Portal Content is “User Content” as such term is defined in the Twitch Terms of Service located at /legal/terms-of-service (“TOS”) and that you are a user as such term is defined in the TOS. All terms and conditions that apply to User Content in the TOS apply to the Portal Content. All terms and conditions that apply to users apply to you.