Creator Agreement

This Creator Agreement (“Agreement”) is a legally binding contract between DiscreetFan.com (“Platform,” “we,” “us”) and the individual or entity registering a creator account (“Creator,” “you”). By creating an account, completing identity verification, and uploading or streaming content, you accept this Agreement.

1) Definitions

1.1 Content – any photo, video, audio, stream, text, thumbnail, metadata, caption, or promotional asset you upload or cause to be uploaded.
1.2 Fan – an end-user who views/purchases/streams Content.
1.3 Services – the Platform’s websites, apps, APIs, payment, streaming, storage, CDN, anti-piracy, moderation, and support tools.
1.4 Earnings – gross receipts from Fans for your Content, tips, subscriptions, PPV, gifts, or other monetized features.
1.5 Platform Fee – the fee retained by the Platform from Earnings (see §8).
1.6 Net Earnings – Earnings minus Platform Fee, payment gateway charges, refunds/chargebacks, and applicable taxes/withholding.
1.7 Referral – a commission paid to a third party for referring you or your Fans, if enabled (see §8.6).

2) Eligibility, Account & Identity

2.1 Age. You represent and warrant that you are at least 18 years old (age of majority in the Philippines).
2.2 KYC/ID Verification. You must submit valid, government-issued photo ID and a live selfie/video as requested. You authorize us to use third-party verification providers.
2.3 Account Security. Keep credentials confidential; you are responsible for all activity on your account. Notify support immediately of suspected compromise.
2.4 Entities. If you act for a company, you represent that you have authority to bind that company; “you” includes that company.

3) Compliance; Philippine Legal References

You will comply with all applicable laws and regulations, including without limitation: Data Privacy Act (RA 10173), Anti-Photo and Video Voyeurism Act (RA 9995), Anti-Child Pornography Act (RA 9775), Cybercrime Prevention Act (RA 10175), IP Code (RA 8293), E-Commerce Act (RA 8792), Safe Spaces Act (RA 11313), and the Revised Penal Code. You are solely responsible for knowing and following local laws where you create, upload, or perform.

4) Content Standards & Prohibitions

4.1 Absolutely prohibited:
(a) any depiction of minors or persons who are or appear to be under 18;
(b) non-consensual or hidden-camera material;
(c) exploitation, trafficking, coercion, bestiality, incest, rape-themed or real violence, doxxing, or threats;
(d) illegal acts (including narcotics per local law), weapons promotion, or instructions for crime;
(e) content that infringes third-party IP or violates privacy or publicity rights;
(f) spam, malware, scraping, or attempts to bypass security/DRM.
4.2 Sensitive content (e.g., fetish or extreme material that is legal) may be restricted, age-gated, labeled, geo-blocked, or removed at our discretion.
4.3 Pre-screening/Moderation. We may review, refuse, restrict, or remove Content or features at any time. No obligation to host or continue hosting.

5) Consents, Model Releases & Records

5.1 Model Releases. You must obtain written consent from every person depicted (including yourself) covering: (i) depiction; (ii) distribution on the Platform; (iii) commercial exploitation; (iv) geographic scope worldwide; (v) perpetual or time-limited term consistent with §6; and (vi) ID/age verification (18+).
5.2 Recordkeeping. Maintain accurate records of consents, IDs, shoot dates/locations, moderator notes, and custody of raw files. Keep for at least 7 years after final publication and provide promptly upon our request or lawful process.
5.3 Audit Right. We may request redacted copies solely to verify compliance.

6) Ownership, Licenses & Brand Use

6.1 Ownership. You retain all IP rights in your Content, subject to licenses below.
6.2 License to Platform. You grant the Platform a worldwide, non-exclusive, transferable, sublicensable, royalty-free license to host, cache, transcode, distribute, publicly perform and display, promote, advertise, and monetize the Content via the Services, including thumbnails, trailers, and promotional edits.
6.3 Moral Rights. To the extent permitted by law, you waive or agree not to assert moral rights against our standard uses under §6.2.
6.4 Takedown by You. You may delete Content prospectively. Deletion does not affect (a) prior sales, (b) cached copies pending expiration, (c) investigatory holds, or (d) backups retained for disaster recovery for up to 180 days.
6.5 Use of Platform Marks. We grant you a limited, revocable, non-transferable license to use “DiscreetFan” name/marks solely to promote your presence on the Platform, following brand guidelines we provide.

7) Anti-Piracy & Security

7.1 We may apply technical protection measures (TPMs) such as streaming-only delivery, watermarking, tokenized URLs, session-bound DRM, and takedown services.
7.2 You must not (and must not allow others to) circumvent TPMs, scrape, bulk-download, screen-record for redistribution, or share private links/tokens.
7.3 We may pursue blocking, notice-and-takedown, account suspensions, and legal remedies against piracy. You authorize us to submit infringement notices on your behalf.

8) Earnings, Fees, Payouts & Taxes

8.1 Default Revenue Share. Unless otherwise shown in your dashboard or a separate written addendum, Creator 70% / Platform 30% of Earnings.
8.2 Gateway & FX Fees. Payment-processor fees (e.g., GCash, cards, PayPal, bank rails), chargeback fees, currency conversion, compliance screening, and payout transfer fees are deducted before Net Earnings.
8.3 Payouts. Payout frequency, minimum threshold, and available methods (e.g., GCash, bank transfer, others listed in your dashboard) are as published in your account. Valid KYC and payout info are required.
8.4 Taxes. You are responsible for all taxes on your income. We may withhold amounts where required by law and may request tax information (e.g., TIN, BIR forms). You must issue proper receipts/invoices when applicable.
8.5 Refunds/Chargebacks. If a Fan refund or chargeback occurs, we may deduct from current or future payouts; you authorize set-off and negative-balance carry-forward.
8.6 Referrals (if enabled). If a referrer is linked, the referral commission shown in your dashboard applies. By default: Referrer 10% of Earnings, taken from the Platform share (Platform becomes 20%; Creator remains 70%). Caps or time limits may apply.
8.7 Audit & Errors. We may correct manifest accounting errors. You may request a statement of account; disputes must be raised within 30 days of payout.

9) Creator Conduct & Responsibilities

9.1 Truthfulness. Provide accurate information; do not impersonate others.
9.2 No Off-Platform Fraud. Do not induce Fans to pay outside the Platform for the same goods/services you offer here when doing so evades fees or safety controls.
9.3 Support & Cooperation. Respond to compliance inquiries within 5 business days.
9.4 Community Safety. Do not harass, stalk, or disclose personal data of Fans or other creators.

10) IP Infringement; Notice-and-Takedown

10.1 We follow a notice-and-takedown procedure consistent with the IP Code (RA 8293) and global best practices.
10.2 Notices should include: (a) work claimed infringed; (b) infringing URL(s); (c) rights holder’s identity/contact; (d) good-faith statement; and (e) sworn statement of accuracy.
10.3 Counter-Notice may be submitted by the Creator with sufficient detail and a sworn statement; we may restore content at our discretion, subject to law.

11) Data Privacy

11.1 Roles. For Fan account data, we are the personal information controller; for Creator KYC and payout data, we are a controller/processor as applicable.
11.2 Processing. You consent to collection and cross-border transfer/storage necessary to provide the Services, including to vendors (KYC, anti-fraud, CDN, storage, support, payments).
11.3 Your Obligations. You will not upload personal data of third parties without lawful basis and written consent; you will comply with RA 10173 and our Privacy Policy.

12) Warranties & Disclaimers

12.1 You represent and warrant that:
(a) you have all rights, licenses, and consents required for your Content;
(b) all depicted persons are 18+ and consent in writing;
(c) your Content and activities do not violate law or third-party rights;
(d) you will pay all royalties or guild fees (if any).
12.2 Disclaimer. Services are provided “as is” and “as available” without warranties of merchantability, fitness, or non-infringement. We do not guarantee earnings or availability.

13) Indemnity & Limitation of Liability

13.1 You will indemnify, defend, and hold harmless the Platform, its operators, officers, employees, and service providers from claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising from: your Content; breach of this Agreement; violation of law; or third-party claims regarding privacy/publicity/IP.
13.2 Liability Cap. Our aggregate liability to you for all claims is limited to the greater of (a) PHP 100,000 or (b) the Net Earnings paid to you in the 6 months preceding the claim. No liability for indirect, special, incidental, punitive, reliance, or consequential damages.

14) Suspension & Termination

14.1 We may suspend or terminate accounts for suspected violations, fraud, piracy, non-payment, or legal risk.
14.2 You may close your account at any time.
14.3 Effect. Licenses in §6.2 survive as needed to fulfill prior transactions, legal holds, and backups (§6.4). Unpaid Net Earnings (if any) will be paid per normal cycles, less offsets.
14.4 Repeat infringers or child-exploitation flags are permanently banned and reported to authorities.

15) Dispute Resolution; Governing Law; Venue

15.1 Governing Law. This Agreement is governed by the laws of the Philippines.
15.2 Arbitration. Any dispute not resolved informally within 30 days shall be finally settled by arbitration administered by the Philippine Dispute Resolution Center, Inc. (PDRCI) under its rules. Seat/venue: Makati City, Philippines; language: English.
15.3 Injunctive Relief. Either party may seek temporary or injunctive relief in the proper courts of Makati City to protect IP, confidentiality, security, or compliance, without waiving arbitration.
15.4 Small Claims. Either party may pursue small-claims matters in the appropriate courts if permitted by law.

16) Miscellaneous

16.1 Independent Contractor. You are not our employee, partner, or agent.
16.2 Assignment. You may not assign this Agreement without our prior written consent; we may assign to affiliates or in connection with a merger or sale.
16.3 Force Majeure. We are not liable for delays or failures due to events beyond reasonable control (e.g., network outages, regulatory actions, disasters).
16.4 Notices. We will notify you via dashboard/email; you will notify us through the support channel listed on the site.
16.5 Changes. We may modify this Agreement; the “Last updated” date will change. Continued use after notice constitutes acceptance.
16.6 Entire Agreement. This is the entire agreement regarding the subject matter and supersedes prior or contemporaneous communications.
16.7 Severability; Waiver. If a clause is unenforceable, the remainder stays effective. No waiver is effective unless in writing.

Annex A – Prohibited Content (Non-Exhaustive)

A.1 Minors (actual or simulated), incest, bestiality, non-consensual acts, trafficking, or sexual violence.
A.2 Hidden-camera, doxxing, revenge content, or voyeurism.
A.3 Illegal drugs, bomb-making, or criminal instructions.
A.4 Hate speech that constitutes a criminal offense or direct threats.
A.5 Infringing works, counterfeit goods, scams, or spam.
A.6 Circumvention of DRM/TPMs, scraping, mass-downloading, or re-uploads of paid Content.

Annex B – Minimum Model Release Elements

B.1 Legal name, stage name, and date of birth (18+), with government ID type/number and issuing country.
B.2 Date, time, and location of shoot; titles/links to published Content.
B.3 Explicit consent to be recorded, publicly distributed, and commercially exploited on DiscreetFan and its partners/CDNs worldwide.
B.4 Grant of rights and waiver of claims consistent with §6; revocation terms if any.
B.5 Signature and date; witness or digital audit trail (IP/time stamp).

Annex C – KYC/Payments Checklist

C.1 Government ID + live selfie/video; proof of address if requested.
C.2 Payout details (GCash number, bank account name/number, or other method).
C.3 Tax/TIN details and receipts/invoices as applicable.
C.4 Anti-fraud screening (sanctions/PEP checks as required).

Annex D – IP Takedown Notice (Template)

• Claimant/Agent name & contact:

• Work(s) claimed infringed:

• Infringing URL(s):

• Statement: “I have a good-faith belief that the use is not authorized by the IP owner, its agent, or the law.”

• Statement under oath: “The information is accurate and I am the owner or authorized to act for the owner.”

• Signature, date, and ID.