Last Updated: JULY 20, 2020
This Freedom Of All Media Seller Addendum is a part of FOAM’s Terms of Service and sets forth the terms and conditions by which you may offer content for sale on FOAM20.com.
Eligibility. To sell content through FOAM On Demand, you must use and maintain a FOAM account that permits such monetisation.
Selling Options. For title-by-title sales, you may select: (a) the purchase options (rent or buy); (b) the retail price(s); (c) the rental period (rental only); and (d) the distribution territory. For subscription sales, you may select: (a) the subscription period; (b) the price per subscription period; and (c) the distribution territory. When you add a new video to a subscription series, it will automatically become available for viewing by subscribers.
Limited License. You hereby grant Freedom Of All Media the right and license to reproduce, distribute, transmit, sublicense (to end users for their personal viewing), transcode, publicly perform and exhibit, and otherwise exploit and promote the video (and all related content that you may upload, including poster and video description) through FOAM On Demand in accordance with your choices. You also grant FOAM the right (but not the obligation) to use and authorise others to use your name(s), likeness(es), biographical material(s), or voice(s), as contained in the content you upload, in any media for the purpose of promoting your videos or series.
License Period. The above licenses will continue so long as you offer content for sale. If you remove content, FOAM (a) will cease offering it for sale to new viewers; and (b) may, in its discretion, continue to make the content available to those users who previously purchased the content or provide full or partial refunds to such persons.
Creator Revenue; FOAM Service Fee. You are entitled to 90% of Net Revenue from your Sales (“Creator Revenue”); FOAM will retain 10% of such Net Revenue as a service fee.
Definitions. “Sales” means sales of your content to end users through FOAM On Demand. “Net Revenue” means gross revenue actually received less Transactional Costs, chargebacks, and refunds and excluding any taxes. “Transactional Costs” are amounts paid by FOAM to third parties to facilitate a transaction and may include, without limitation, payment processing fees, foreign exchange fees, and platform fees (e.g., for in-app purchase).
Promotional Codes. We may make promotional codes available to you to distribute your content to backers, reviewers, and friends and family for viewing without charge. You may not sell promotional codes or otherwise use them to distribute your content in exchange for payment or other consideration without FOAM’s prior written consent. We reserve the right to restrict promotional codes for any reason.
Payment Terms. FOAM will pay you Creator Revenue within thirty (30) days of the end of each month in which such revenue was earned. FOAM will make all payments to your PayPal account or other payment method offered by FOAM. Freedom Of All Media shall have no obligation to pay Creator Revenue with respect to any transaction that is subject to a refund or chargeback. FOAM may withhold amounts or make adjustments: (a) to satisfy any amounts owed to FOAM; (b) to satisfy any refunds that FOAM may make; or (c) pending any investigation of fraud or other illegality.
Currency. FOAM may permit you to sell content in currencies other than GBP. Transactions in foreign-denominated currencies will be converted into Great British Pounds for each day of sales based upon the day’s final exchange rate as reasonably calculated by FOAM. For clarity, a day is determined by reference to the time zone applicable to GMT. All amounts will be paid out in GBP or, at FOAM’s option, the currency of your country.
Income Taxes. Income taxes are solely your responsibility. FOAM may withhold amounts from any amounts due to you that FOAM determines in good faith must be withheld pursuant to UK tax law. FOAM may file reports concerning income with any taxing authority.
Sales Taxes. FOAM may collect taxes (e.g., sales tax or VAT) on any transaction where it reasonably believes that tax collection is required. Where FOAM believes in good faith that VAT collection is required, FOAM may collect VAT on a “VAT-inclusive” basis, meaning that it will charge the retail price of the item and deduct applicable VAT from the amounts received from the purchaser.
Violations. FOAM shall have no obligation to pay Creator Revenue with respect to any content or conduct that violates FOAM’s Terms of Service, and you must repay to FOAM any amounts you have received with respect to any such violation. FOAM may suspend, limit, or disable FOAM On Demand sales at any time for any violation of our Terms of Service.