Live Streaming Agreement
Barkatealliance Live Streaming Agreement
This Barkatealliance Live Streaming Agreement (hereinafter referred to as the "Agreement") is a legally binding electronic agreement between Hubei Barkatealliance Network Technology Co., Ltd. (hereinafter referred to as "We" or "Our") and you (where you are a natural person, legal person, or other organization), stipulating the rights and obligations of both parties. By checking the "I Agree" box or clicking the "I have read and agree to the Agreement" button, you indicate that you have carefully read, fully understood, and completely and unreservedly accepted all terms of this Agreement.
Article 1 General Provisions
Barkatealliance Platform refers to the online commentary platform established by Hubei Barkatealliance Network Technology Co., Ltd. In accordance with Our registration requirements and rules, you apply to become a live streaming service provider (or "Streamer") on Our legally operated Barkatealliance Platform (hereinafter referred to as the "Platform"), providing live streaming services of online commentary (hereinafter "commentary" also refers to "live streaming") video content to Our Platform users. The period during which you provide services on Our Platform shall be regarded as the term of this Agreement. We do not pre-review the aforementioned uploaded video content in which you participate, edit, or produce, nor do We actively edit, organize, modify, or process such videos.
Prior to signing this Agreement, you have fully understood Our various rules and requirements, and have the conditions, ability, and qualifications to perform the duties and obligations of the Streamer as stipulated in this Agreement. This Agreement constitutes effective, binding, and legally enforceable obligations for you. You have clearly known and have no doubt about all terms and definitions under this Agreement.
You承诺 and declare that when providing services to Us, you comply with the relevant regulations of the laws of your location, and shall not engage in other behaviors that violate the laws of China and your location under the name of performing this Agreement.
You and We do not constitute any employment, labor, or service relationship under labor laws. We are not required to pay social insurance funds or benefits to you.
Without Our prior written consent, you shall not engage in any activities related to commentary on third-party competing platforms (including but not limited to: interactive video live streaming, simultaneous streaming, publishing commentary videos, or any other similar behaviors). The aforementioned third-party competing platforms refer to: third-party live streaming platforms that compete with Us and Our affiliated companies, including but not limited to Huya Live, Zhanqi TV, Panda TV, Huomao Live, Fengyun Live, Bogou, Sina Games, QT, 17173, PPTV, TGA, AZUBU, TWITCH, and their associated live streaming websites.
You confirm, prior to registering as a Barkatealliance streamer or providing live streaming services on the Barkatealliance Platform, that you have not signed or do not have an effective and existing exclusive live streaming commentary agreement with any third-party platform.
During the cooperation period between the parties, the relevant rights to the content you live stream, upload, publish, or transmit shall apply to the provisions of the "Service Specifications" under Article 4.2 of the "User Registration Agreement".
Article 2 Our Rights and Obligations
We have the right to formulate Platform operation systems and management rules for Streamers, incorporate them as part of this Agreement, have the right to manage and supervise you, and have the right to adjust or change the corresponding rules based on operational conditions. You express understanding and agreement to this.
We have the right to evaluate and assess you to establish (or cancel) rewards or penalties for you. The specific evaluation items and standards shall be separately formulated by Us without the need for additional consent from you. If We require entering into a formal commentary cooperation agreement with you separately, you shall not refuse or变相 refuse to sign [otherwise you shall pay Us a one-time违约金 of [50,000] (in words: Fifty Thousand) Yuan].
We have the right to provide suggestions and opinions for the improvement of your live streaming services. You shall make corresponding rectifications within [3] working days after receiving Our suggestions and opinions. Otherwise, We have the right to restrict, close, reclaim, or terminate your use of the Barkatealliance live streaming room. The corresponding deduction of service fees payable to you (if any) may cause you certain losses, which shall be borne solely by you, and We shall not bear any responsibility.
We have the final decision-making power regarding matters related to your commentary live streaming.
We have the right to use your name (including but not limited to your real name, pen name, online nickname, former name, and any text symbols representing your identity) and portrait (including but not limited to real person portraits and cartoon portraits, etc.) for various promotions of Our Platform.
We are responsible for providing Platform technical service support and are also responsible for Platform service fee settlement (if any).
Article 3 Your Rights and Obligations
You shall use real identity information and personal data for registration and authentication, and shall not use false or冒充 resident identity information, enterprise registration information, or organization code information. If your personal data changes, you shall update it promptly. We prohibit minors from live streaming. If a legal guardian wishes a minor to provide the network live streaming and commentary services specified in this Agreement, the legal guardian must judge whether such service content is suitable for the minor in the capacity of the legal guardian, and shall bear all consequences arising therefrom. You承诺 that performing this Agreement will not harm the legitimate interests of any third party, that accepting and performing this Agreement does not violate any legal document binding upon you, and will not cause Us to bear responsibility towards any third party.
You yourself shall bear the network, equipment, and devices supporting video and audio required for commentary live streaming, and guarantee clear live streaming images and stable, clear audio quality.
You承诺 to comply with the live streaming room application procedures set by the Platform, submit the application materials required by the Platform, and voluntarily pay the corresponding security deposit.
You承诺 that the live streaming room must be used for commentary live streaming purposes and shall not be used for any other non-commentary live streaming activities.
The commentary live streaming matters carried out by you under this Agreement and/or all information/statements/content, etc. published by you on this Platform shall not contain any content that violates the relevant laws, regulations, and provisions of the People's Republic of China, including but not limited to content that endangers national security, is pornographic, false, illegal, defamatory (including commercial defamation), constitutes illegal intimidation or illegal harassment, infringes upon others' intellectual property rights, personal rights, trade secrets, or other legitimate rights and interests, or violates public order and good customs, or links to such content.
You承诺 to actively maintain Our and Our Platform's image. You shall not engage in any behavior that damages the image or interests of Us and/or Our Platform. During the term of this Agreement and after its termination, you shall not imply or publish言论 unfavorable to Us and/or Our Platform through any channel (including but not limited to websites, blogs, Weibo, WeChat, QQ chat groups, player gatherings, etc.).
Without Our written consent, you shall not mention relevant information of third-party competing platforms in any occasion or in any form (including but not limited to text, verbal mention, video贴片, etc.), nor shall you guide or provide any information or convenience for Our Platform's existing users, other Streamers, or Our employees to access other third-party competing platforms, including but not limited to providing assistance in contact, conducting persuasion work, etc.
You hereby represent and warrant that: (1) You currently do not reside or stay in a country or region sanctioned by the United States (including but not limited to Crimea, Cuba, Iran, North Korea, and Syria); (2) You do not belong to the entities or personnel on the list of subjects prohibited or restricted by the U.S. government (including the Specially Designated Nationals and Blocked Persons List managed by the Office of Foreign Assets Control of the U.S. Department of the Treasury); (3) You do not belong to the entities or personnel on any other U.S. or United Nations economic sanctions list, including but not limited to a) the Sectoral Sanctions Identifications List; b) the Foreign Sanctions Evaders List; c) the NON-SDN Palestinian Legislative Council List; d) the Non-SDN Iran Sanctions Act List, etc.
Article 4 Service Fees and Settlement
Premised on you providing commentary live streaming services to Platform users, users can consume by giving you virtual gifts. You can apply to settle the corresponding service fees (if any) according to Our settlement requirements and rules. We will settle and convert each virtual gift received by you based on quantity as the pricing unit and a certain proportion as the value benchmark, as the service fee paid to you. For virtual gift consumption obtained through abnormal means, We have the right to independently judge and handle it.
The service fees you obtain shall be subject to taxes payable according to relevant national laws and regulations. We will pay the service fees you obtain to the bank account filled in by you in the User Center. You can query relevant information after logging into Our Platform in Personal Center - Streamer Related - Income Records (settlement data is tax-inclusive data).
If you are a natural person and have registered on Our Platform and passed personal authentication, then We have the right to pay the service fees you obtain to the personal bank account filled in by you in the User Center; if you are a legal person or other organization and have registered on Our Platform and passed institutional authentication, then We have the right to pay the service fees you obtain to the institutional account filled in by you on the institutional authentication page, but you shall provide Us with an equivalent and valid VAT special invoice (invoice item: Live Streaming Service Fee) within 5 working days prior to Our payment. Any delay in Our payment due to your delay in providing the invoice shall not constitute Our breach of contract. Our payment of service fees to the account filled in by you shall be deemed as Our fulfillment of the payment obligation stipulated in this Agreement. If you are a legal person or other organization, the expenses incurred by your staff or affiliated streamers due to managing and operating the account and its live streaming room shall be settled between you and your staff or affiliated streamers. If you cause disputes, litigation, or compensation losses to Us due to the settlement of such expenses (including but not limited to the funds We advance for their salary when you are in arrears with the salary of your staff or affiliated streamers), We have the right to deduct them first from the service fees payable, and We have the right to recover the insufficient part from you.
You guarantee that the filled-in account information is correct, true, and valid. You shall bear sole responsibility for any payment errors caused by the account information. Meanwhile, if you need to change the account information, you need to notify Us in writing promptly. The new account information will take effect in the next settlement month after you submit the application and it is approved by Us.
Article 5 Confidentiality System
You shall strictly comply with Our confidentiality system and承诺 to keep Our trade secrets confidential indefinitely. If you cause Us to suffer any reputational, goodwill, or economic, direct or indirect losses due to your use or disclosure of Our trade secrets in violation of this agreement, you shall pay Us RMB [100,000] in违约金, which is insufficient to cover Our losses, you shall also compensate Us for the losses.
Trade secrets refer to all information provided by Us, or learned by you during the cooperation between the two parties, or for which We bear confidentiality obligations to third parties, related to Our business, capable of bringing economic benefits to Us, practical, and non-public, including (but not limited to): technical information, business information, information and documents related to Our administration (including the content of this Agreement and related agreements), the amount and settlement method and standards of the service fees you obtain from Us, the method of rights attribution, authorization methods, customer lists, lists of other commentators, contact information, service fees, lists of Our staff, and other information not known to the public.
You shall strictly abide by this Agreement. Without Our written authorization or consent, you shall not, regarding Our trade secrets:
(1) Disseminate or disclose them to third parties or the non-specific public in any way;
(2) Use Our trade secrets for purposes other than this Agreement.After the termination of this Agreement, you shall return all Our trade secrets to Us, or destroy all documents recording Our trade secrets under Our supervision.
The provisions of this article shall remain effective after the termination of this Agreement.
Article 6 Amendment, Rescission, and Termination of the Agreement
We have the right to amend, suspend, or terminate this Agreement when necessary and will notify on the relevant page. The amended agreement, once published on the relevant page, effectively replaces the original agreement. After the terms of this Agreement are amended, if you continue to provide commentary or other live streaming services for Our Platform users, it shall be deemed that you have known and accepted the amended agreement. If you disagree with any changes made by Us to this Agreement, you shall immediately notify Us in writing and stop any live streaming services conducted on Our Platform.
The agreement may be terminated upon mutual consultation between both parties regarding the rescission of this Agreement.
If you fall under any of the following circumstances, We may immediately rescind this Agreement without prior notice:
(1) We discover that you violate the statements and承诺 made regarding this Agreement;
(2) Your behavior directly or indirectly causes significant damage to Our interests;
(3) You violate national laws and regulations;
(4) You violate other obligations stipulated in this Agreement;
(5) You perform this Agreement in a manner that does not meet Our requirements (even if it does not constitute a breach), such as through passivity or non-feasance, and fail to correct it within 10 days after Our notification;
(6) Due to the emergence of abnormal circumstances, We deem you unsuitable for performing the service matters under this Agreement, and the abnormal circumstances have not been eliminated within 10 days after Our notification;
(7) Due to Our business adjustments, We no longer engage in live streaming service business.For the rescission or termination of the agreement caused by Article 6, paragraphs 1 and 2 of this Agreement, We will settle the service fees with you according to the provisions of Article 4 of this Agreement and the real-time policy agreements of Our Platform.
For the rescission or termination of the agreement caused by Article 6, paragraph 3 of this Agreement, We have the right to deduct all unsettled service fees in your account and have the right to require you to bear违约责任 as agreed.
After the termination of this Agreement, it does not affect the ownership of the rights to the Streamer achievements stipulated in this Agreement; We remain the rights holder of the Streamer achievements involved in this Agreement; if the above agreement cannot be practically performed according to Chinese law, you agree and承诺 that within five years from the termination of this Agreement or the suspension, termination, or rescission of subsequent cooperation between the parties, you will not exercise, transfer, or authorize any third party to exercise the rights related to the publication, use, etc. of all or part of the Streamer achievements (including but not limited to the copyright rights stipulated in items (5) to (17) of the first paragraph of Article 10 of the "Copyright Law of the People's Republic of China").
Article 7 Liability for Breach of Contract
If any third party files a lawsuit against Us and/or claims compensation and/or causes damage to Our reputation due to any inaccuracy in your statements or violation of your声明承诺事项, you shall bear all direct and indirect costs, losses, and compensation incurred by Us as a result, including the relevant expenses and attorney fees paid by Us for the litigation.
Unless otherwise agreed in this Agreement, if you violate any provisions under this Agreement or the services you provide do not meet Our requirements, We have the right to unilaterally take corresponding restriction or penalty measures, including but not limited to: restricting, closing, reclaiming, or terminating your use of the Barkatealliance live streaming room, restricting or stopping a specific service (such as video live streaming) and deciding whether to restore use based on the actual situation, and deducting the unsettled service fees in your account.
Article 8 Dispute Resolution
Any disputes arising from the performance of this Agreement shall be resolved by both parties through friendly consultation. If consultation fails, either party may submit the dispute to the Yichang High-tech Industrial Development Zone People's Court for resolution through litigation.
