This Order Form is entered into as of the signup date by and between ClubHub Inc. (“ClubHub”), on the one hand, and the creator (“Creator”), on the other hand, for the purpose of clarifying the parties relationship and the terms thereof. This Order Form hereby incorporates by reference ClubHub’s Terms of Service located at https://www.clubhub.vip/terms (the “Incorporated Terms”), and together with the Incorporated Terms forms a binding and executed written agreement between ClubHub and Creator (the “Agreement”). In the event of a conflict between the terms of this Order Form and the Incorporated Terms, the terms of this Order Form shall supersede and control. Unless otherwise defined in this Order Form, capitalized terms used in this Order Form will have the same meaning as they do in the Incorporated Terms.
EXCLUSIVITY
Exclusivity as to Creator
From the Order Form Effective Date until expiration of the Term, Creator shall not use or work or engage with any other direct to consumer platform, whether for content creation, influencer, social media or other purposes, without the express written consent of ClubHub.
Exclusivity as to Materials
For any Materials Creator provides on the ClubHub Website, from the date of the initial posting of the Material (“Live Content”), and continuing for a period of 90 days following the initial upload of the Material (“Exclusivity Period”), such Live Content shall be exclusive to the ClubHub Website. During the Exclusivity Period of any Live Content, Creator will not, nor permit or authorize any third party to, broadcast, distribute, exhibit, post, upload, or otherwise make available such Live Content in any manner.
Intellectual Property
We do not claim any intellectual property rights over the materials you provide to the ClubHub service. All materials you upload to your ClubHub website remain yours. ClubHub has the rights of use for the duration of this agreement.
Subscription Services and Compensation
Subscription Revenue
Subject to the Incorporated Terms, Creator will have the ability to offer, promote, post, and otherwise make available Materials on Creator’s ClubHub Website to Creator’s end users and viewers through the Services on a subscription basis (“Subscription”). ClubHub has the exclusive right to collect the revenue from users who have purchased a Subscription.
The Net Subscription Revenues for the Subscription will be split on a monthly basis as follows: 85% to Creator and 15% to Clubhub
Store Revenue/E-Commerce
The Net E-Commerce Revenues for sales made through Creator’s E-Commerce will be split 95% to Creator and 5% to ClubHub.
“Net Subscription Revenues” means the total revenues actually received by ClubHub from users of your ClubHub Website for Subscriptions, less Deductions. “Net E-Commerce Revenues” means, other than Net Subscription Revenues, the total revenues actually received by ClubHub from users of your ClubHub Website, including for User Products and partnerships with third parties (for clarity, this does not include revenues you may generate outside of your ClubHub Website – e.g., for driving traffic to a third party site), less Deductions. “Deductions” means any: (a) billing and payments costs and all costs associated with transactions, which may include monthly and per-transaction processing charges, and merchant bank fees; (b) actual tax amounts related to the generation of such gross revenues to be paid to local, state, federal, and foreign entities, including VAT and sales taxes; and (c) returns, refunds, chargebacks, discounts, and credits.