Niki Live Streamer Agreement

1. Introduction and Overview

1.1 Agreement Purpose

This Niki Live Streamer Agreement ("Agreement") governs the relationship between you ("Creator," "Streamer," or "you") and Niki Live Technologies Ltd. ("Niki Live," "Platform," "we," "us," or "our") regarding your participation in our monetization program. This Agreement supplements and is incorporated into the Niki Live Terms of Service.

1.2 Program Overview

The Niki Live Monetization Program enables eligible content creators to earn revenue through various monetization features available on our platform. By participating in this program, you agree to comply with all terms, conditions, and policies outlined in this Agreement.

1.3 Agreement Scope

This Agreement covers:

• Eligibility criteria for monetization features
• Revenue sharing arrangements and payment procedures
• Content standards and community guidelines
• Creator and platform responsibilities
• Enforcement mechanisms and dispute resolution procedures

2. Definitions and Interpretation

2.1 Key Terms

For the purposes of this Agreement, the following terms shall have the meanings set forth below:

2.2 Interpretation Rules

In this Agreement:

1. Headings are for convenience only and do not affect interpretation
2. References to "including" are not limiting
3. Singular terms include plural meanings and vice versa
4. References to laws include amendments and successor legislation

3. Eligibility Requirements

3.1 Basic Eligibility Criteria

To participate in the Niki Live Monetization Program, you must meet all of the following requirements:

4. Application and Approval Process

4.1 Application Submission

To apply for the monetization program, creators must:

1. Complete the online application form providing accurate personal, financial, and content information
2. Submit required documentation including government-issued ID, tax information, and banking details
3. Undergo identity verification through our secure verification partner
4. Agree to additional terms including tax compliance and anti-money laundering requirements

4.2 Review Process

4.3 Approval Outcomes

4.3.2 Application Denied

If your application is denied, you will receive:

• Written notification explaining the reason for denial
• Information about the appeals process
• Timeline for when you may reapply (typically 90 days)
• Recommendations for improving future applications

4.4 Appeals Process

Creators may appeal denied applications by:

1. Submitting an appeal within 30 days of denial notification
2. Providing additional documentation or evidence
3. Demonstrating corrective actions taken
4. Participating in review meetings if requested

5. Monetization Features and Revenue Sharing

5.1 Available Monetization Features

6. Content Requirements and Guidelines

6.3 Community Interaction Standards

6.3.1 Chat Moderation

Creators are responsible for maintaining a positive chat environment by:

• Establishing clear chat rules and guidelines
• Appointing trusted moderators for active chat management
• Responding appropriately to harassment or inappropriate behavior
• Using platform moderation tools effectively

6.3.2 Audience Engagement

Positive engagement practices include:

• Acknowledging and responding to viewer comments and questions
• Creating inclusive environment for all community members
• Encouraging constructive discussion and feedback
• Recognizing and appreciating supporter contributions

7. Prohibited Content and Conduct

7.1 Strictly Prohibited Content

7.2 Prohibited Conduct

7.2.1 Platform Manipulation

• View Botting: Using automated systems to inflate viewer counts
• Follow/Subscription Fraud: Artificial inflation of follower or subscriber numbers
• Engagement Manipulation: Fake comments, likes, or other interactions
• System Circumvention: Attempts to bypass platform features or restrictions

7.2.2 Community Violations

• Harassment Campaigns: Coordinating attacks against other users
• Spam and Repetitive Content: Excessive promotional or repetitive messaging
• Impersonation: Pretending to be another person or entity
• Privacy Violations: Sharing personal information without consent

7.2.3 Commercial Violations

• Unauthorized Advertising: Promoting products or services without disclosure
• Pyramid Schemes: Multi-level marketing or pyramid scheme promotion
• Off-Platform Transactions: Bypassing platform monetization systems
• Trademark Infringement: Unauthorized use of protected marks or brands

7.3 Content Moderation and Review

7.3.1 Automated Systems

Platform employs automated content detection systems that monitor for:

• Copyrighted audio and video content
• Inappropriate visual content
• Hate speech and harmful language
• Spam and repetitive behavior patterns

7.3.2 Human Review Process

Content flagged by automated systems or user reports undergoes human review:

1. Initial Assessment: Trained moderators review flagged content within 2-24 hours
2. Escalation: Complex cases are escalated to senior moderation staff
3. Decision Making: Final decisions consider context, intent, and community impact
4. Documentation: All moderation actions are logged and documented

7.4 Enforcement Actions and Penalties

8. Intellectual Property Rights

8.1 Creator Content Rights

8.1.1 Ownership of Original Content

You retain ownership of the intellectual property rights in your original content that you create and upload to the Platform. However, by uploading content, you grant Niki Live certain limited rights as outlined below.

8.1.2 Platform License Grant

By uploading content to the Platform, you grant Niki Live a non-exclusive, worldwide, royalty-free license to:

• Host, store, reproduce, and distribute your content on the Platform
• Create promotional materials featuring excerpts or highlights of your content
• Transcode, reformat, or modify content for technical compatibility
• Create thumbnails, previews, and other promotional materials
• Display your content in search results and recommendations

8.1.3 Content Removal Rights

You maintain the right to:

• Remove your content from the Platform at any time
• Edit or modify your uploaded content
• Control access to premium or subscriber-only content
• Request deletion of your account and associated content

8.2 Third-Party Content Usage

8.2.1 Copyright Compliance

When using third-party content in your streams, you must:

• Obtain proper licenses or permissions for copyrighted material
• Use content that falls under fair use provisions (where applicable)
• Provide appropriate attribution and credits
• Respect content creator wishes regarding usage

8.2.2 Music and Audio Content

8.3 Platform Intellectual Property

8.3.1 Platform Assets

The following are proprietary to Niki Live and may not be used without permission:

• Niki Live trademarks, logos, and brand elements
• Platform software, algorithms, and technical systems
• User interface designs and layouts
• Virtual gift designs and animations
• Platform-specific features and functionality

8.3.2 Permitted Platform Usage

Creators may use Platform branding for:

• Promotional materials indicating Platform partnership
• Social media posts promoting their channel
• Business cards and professional materials
• Educational or review content about the Platform

9. Payment Terms and Procedures

9.1 Payment Schedule and Processing

9.1.2 Payment Processing Delays

Payments may be delayed due to:

• Banking holidays or weekends
• Account verification issues
• Tax documentation requirements
• Suspected fraudulent activity
• Technical system maintenance

9.4 Payment Disputes and Chargebacks

9.4.1 Chargeback Policy

When viewers dispute charges with their financial institutions:

• Disputed amounts are immediately deducted from creator earnings
• Platform investigates and responds to chargeback claims
• Successful chargeback defenses restore earnings to creator
• Excessive chargebacks may result in account review

9.4.2 Fraud Prevention

Platform implements fraud prevention measures including:

• Real-time transaction monitoring
• Identity verification for high-value transactions
• Geographic and velocity-based fraud detection
• Machine learning algorithms for pattern recognition

10. Tax Obligations and Compliance

10.1 Creator Tax Responsibilities

10.1.1 General Tax Obligations

As an independent content creator, you are responsible for:

• Reporting all income received through the Platform to relevant tax authorities
• Paying applicable income taxes, self-employment taxes, and other required taxes
• Maintaining accurate records of all earnings and expenses
• Filing appropriate tax returns and forms in your jurisdiction
• Seeking professional tax advice when needed

10.1.2 Business Registration Requirements

Depending on your earnings level and local laws, you may need to:

• Register as a sole proprietorship or business entity
• Obtain necessary business licenses or permits
• Register for sales tax or VAT collection (if applicable)
• Comply with local business reporting requirements

14. Violation Detection and Enforcement

14.1 Monitoring and Detection Systems

14.1.1 Automated Monitoring

Platform employs sophisticated monitoring systems including:

• Content Analysis AI: Real-time scanning for inappropriate material
• Behavior Pattern Detection: Identification of suspicious activity patterns
• Fraud Detection Systems: Monitoring for artificial engagement or revenue manipulation
• Copyright Protection: Automated detection of copyrighted material
• Chat Moderation: AI-powered filtering of harmful or inappropriate messages

14.1.2 Community Reporting

User-driven violation reporting through:

• Integrated reporting tools within the platform interface
• Anonymous reporting options for sensitive violations
• Priority escalation for serious safety concerns
• Feedback mechanisms for reporting quality improvement

14.2 Investigation and Review Process

14.2.1 Initial Assessment

Upon detection or reporting of potential violations:

1. Automated Triage: AI systems categorize and prioritize violations
2. Human Review Assignment: Cases assigned to appropriate specialist teams
3. Evidence Collection: Comprehensive gathering of relevant data and context
4. Timeline Documentation: Creation of detailed violation timeline

14.2.2 Investigation Standards

All investigations follow established protocols:

• Impartiality: Unbiased review without consideration of creator status
• Due Process: Fair evaluation of all available evidence
• Proportionality: Enforcement actions proportional to violation severity
• Consistency: Uniform application of policies across all creators
• Documentation: Complete records of investigation process and findings

15. Suspension and Termination

15.1 Grounds for Suspension

15.1.1 Temporary Suspension Triggers

Monetization privileges may be temporarily suspended for:

• Policy Violations: Breaches of community guidelines or terms of service
• Content Disputes: Pending resolution of copyright or legal claims
• Account Security Issues: Suspected unauthorized access or fraud
• Payment Problems: Issues with payment processing or tax documentation
• Investigation Periods: During active violation investigations

15.1.2 Suspension Procedures

When suspension occurs:

1. Immediate Notification: Creator receives detailed explanation of suspension
2. Evidence Provision: Specific examples and documentation of violations
3. Timeline Communication: Expected duration and resolution process
4. Action Requirements: Steps needed to restore monetization privileges
5. Support Access: Continued access to creator support during suspension

15.2 Grounds for Termination

15.2.1 Immediate Termination Circumstances

Monetization agreements may be immediately terminated for:

• Illegal Activity: Engagement in criminal behavior or illegal content
• Severe Platform Abuse: Systematic violation of platform policies
• Security Threats: Actions that compromise platform or user safety
• Fraud or Deception: Intentional misrepresentation or fraudulent activity
• Repeated Violations: Persistent non-compliance despite warnings

15.2.2 Voluntary Termination

Creators may voluntarily terminate their monetization agreement:

• With 30 days written notice to the platform
• After fulfilling all outstanding obligations and commitments
• Following completion of final payment processing
• With proper transition of ongoing brand partnerships

15.3 Post-Termination Procedures

15.3.1 Final Payment Processing

Upon termination:

• Earnings Calculation: Final calculation of all owed payments
• Withholding Period: 60-day holding period for potential chargebacks
• Final Payment: Release of remaining earnings after withholding period
• Tax Documentation: Provision of final tax forms and statements

15.3.2 Content and Data Handling

Post-termination content management:

• Content Retention: Creator retains ownership of original content
• Platform Copy Rights: Platform may retain copies for legal compliance
• Data Export: Creator may request export of personal analytics data
• Account Access: Limited access for data retrieval and final business completion

15.4 Reinstatement Procedures

15.4.1 Eligibility for Reinstatement

Terminated creators may apply for reinstatement if:

• Termination was not due to illegal activity or severe fraud
• Minimum waiting period has elapsed (typically 6-12 months)
• Creator demonstrates corrective action and policy compliance
• All outstanding issues have been resolved

15.4.2 Reinstatement Process

Reinstatement requires:

1. Formal Application: Detailed application explaining corrective measures
2. Policy Training: Completion of updated training programs
3. Probationary Period: Initial period with enhanced monitoring
4. Performance Review: Regular assessment during probationary period

16. Dispute Resolution and Appeals

16.1 Internal Appeals Process

16.1.1 Appeal Submission

Creators may appeal enforcement actions by:

• Timely Filing: Appeals must be submitted within 30 days of action
• Detailed Documentation: Comprehensive explanation of grounds for appeal
• Supporting Evidence: Relevant documentation, context, or mitigating circumstances
• Professional Presentation: Clear, respectful, and factual appeal submission

16.1.2 Appeal Review Process

Appeals undergo structured review:

1. Initial Acknowledgment: Confirmation of appeal receipt within 48 hours
2. Independent Review: Assignment to reviewers not involved in original decision
3. Evidence Evaluation: Thorough examination of all submitted materials
4. Policy Consultation: Reference to current policies and precedents
5. Final Decision: Written decision with detailed reasoning

Additional Information

Contact Support

For information or technical support, please email help@imniki.com.

Company Information

Company Name: SINYNN TECHNOLOGY CO., LIMITED

Address: 19H MAXGRAND PLAZA NO.3 TAI YAU STREET, SAN PO KONG, KL

Date: September 28, 2022