INCOME PROGRAM TERMS
The Income Program includes the Vidcaster and the Income Booster programs, and these 2 programs are identical in basic function, except for specific provisions for the Income Booster program in these Terms. With those exceptions, therefore, and notwithstanding that these Terms are written for and applicable to the Vidcaster program, these Terms: a) may be read as also being applicable to the Income Booster program, by substituting the words ‘Income Booster’ for ‘Vidcaster’ wherever Vidcaster appears in these Terms, and b) with such substitution, all provisions in these Terms may be interpreted as if they were written for the Income Booster program.
The words or phrases following have certain meanings:
a) Agreement means this agreement with Shopchums;
b) Account means an account that is created when a person or entity completes a registration in its entirety on Shopchums, and includes a separate contemporaneous agreement by that person or entity to abide by Shopchums General Terms, and further agreement by a registrant to other terms as Shopchums may require, for participation in a specific Shopchums program;
c) Attendee means any Shopper who receives an invitation to a Shopcast, and then accepts the invitation, and views or watches the Shopcast;
d) Business means any person or entity on the Platform operating any type of business, including all types of retailers, wholesalers, distributors, manufacturers, etc. and offering and selling products in all categories and subcategories, who:
ii)can create Shopcasts to offer and sell specific products in specific markets selected by the Business anywhere and at any local time of day; further, the Platform will automatically invite Shoppers, in the markets selected by the business, who have current live Tags for the specific products that the Business wants to feature in the Shopcast;
f) Fee means an amount per Attendee view during a Shopcast, payable by a Business to Shopchums pursuant to the Business conducting Shopcasts on the Platform. The Fee per attendee view payable by Businesses will be determined by Shopchums from time to time, and will be related to the product sale price on any particular Shopcast; (Note: Shopcasts created by Shopper Sellers are specifically excluded herein, and are exempt from Fees payable for Attendee views during a Shopcast created by a Shopper Seller.)
g) Handle name means a nick name that an individual person may choose to retain anonymity. Note: If an entity operates as a business, the business name must be used (i.e., use of a Handle name for a business is not permitted);
h) Income Booster means any Shopper or Vidcaster who participates in the Income Booster program;
i) Income ID means the same link embedded in the registration forms in both of the Vidcaster and Income Booster programs, which is also linked to and directs income from those programs to asingle Commission Account;
j) License means the right to use this Platform for purposes intended herein;
k) Platform means www.Shopchums.com, and the Shopchums IOS and Android mobile applications, or the Shopchums App, and where Tags, Shopcasts, and other communications are displayed. Product sales do not take place on the Platform;
l) Service or Services means and includes the ability for Shoppers to create Tags 24/7, the ability for Businesses to receive and respond to Shoppers’ Tags of interest 24/7, the ability for Businesses to create Shopcasts 24/7, the ability for Shoppers to communicate with other Shoppers about their Tags, and the ability for Businesses and Shoppers to publish social, shopping and product information Content on the Platform;
m) Shopcast means a live event on the Platform, which a Business can create to offer and sell a specific product in a specific market selected by a Business, anywhere at any local time, and to which the Platform will automatically and immediately invite all Shoppers on the Platform, in the market selected by the Business, who have current active Tags for that specific product. As soon as the Business posts a Shopcast on the Platform, the Platform will automatically send invitations to the aforementioned Shoppers, with Platform automated reminders to those Shoppers 15 minutes prior to the Business selected time for the Shopcast;
n) Shopchums means the Shopchums website, and the Shopchums IOS and Android mobile applications;
o) Shopper means any person or entity having an Account on Shopchums, who has created a Tag for a product on the Platform and which specifies if the Shopper either wants to buy the product online, or in a specific geographic location, or wants to choose both. Shoppers who are individual persons are encouraged to use a Handle name;
p) Tag means any post on the Platform created by a Shopper who wants to find and buy a certain product;
q) Vidcaster means any Shopper or Income Booster who participates in the Vidcaster Income Program;
r) You, Your, Users all mean persons or entities registered on and having an Account on Shopchums, and in respective contexts, includes Businesses, Shoppers, Shopper Sellers (as defined in Shoppers Terms), Vidcasters, and Income Boosters;
s) We, Us, Our all mean Shopchums.
1. Vidcaster Agreement Effective Date and Vidcaster Initiation
To become a Vidcaster, You must first register and create, and then maintain, an Account on Shopchums as a Shopper. Secondly, You will become a Vidcaster coincidental with Your acceptance of these Terms (despite such acceptance, You will retain Your status as a Shopper).
You can become active as a Vidcaster:
1.1. If You have followers on social media networks, and You share the premade Shopchums Vidcaster promo
video with Your followers by uploading the video to Your accounts on all social media sites, which video will contain Your unique Income ID. Very importantly, and in order for Your followers to be linked to Your Income ID for commission purposes as described herein, Your followers must open and watch the Vidcaster promo video that You share with them, and then register and open an Account on Shopchums using the registration form attached to Your shared Vidcaster video. To clarify, if any of Your followers bypass the Vidcaster video You shared with them, and then register by opening and using someone else’s shared video, or if they separately register directly on Shopchums, they will not be linked to You for commission purposes herein.
1.2. If any of Your followers (A followers) have followers, any of Your A followers may in turn refer their followers to Shopchums by becoming a Vidcaster, simply by reading and agreeing to these Terms. Any A follower (after they become a Vidcaster) can then refer their followers (identified herein as B followers) to Shopchums, by following the procedures in paragraph 1.1 above. Any such A follower (now Vidcaster) will then earn commissions with their Income ID link to their B followers, every time the B followers attend and view Shopcasts on Shopchums.
1.3. Pursuant to 1.2 foregoing, Your link to Follower A will also link Your Income ID to the B followers, and You will earn commissions for B follower views on Shopcasts, in a manner similar to how Your A followers will earn commissions.
1.4. If You are already a follower on Shopchums and not currently a Vidcaster, You may become a Vidcaster and become active by following the video uploading and sharing procedure outlined in paragraph 1.1 herein. Similarly, any social media user on any social media network may become a Vidcaster by registering on Shopchums as a Shopper, and following the procedure in paragraph 1.1. herein.
1.5. If one of Your followers attends and views a Shopcast, the Business sponsor for the Shopcast will pay a Fee to Shopchums for that view, and You will earn 20% of the Fee as a commission for that Shopcast. Further, if Your follower views any subsequent Shopcasts, You will earn 20% of the per view Fee paid by the Business for that Shopcast to Shopchums, as a commission for each and any such Shopcast;
1.6. Pursuant to 1.2 herein, the commission paid to Your A followers for a B follower view for any particular Shopcast will be 20% of the per view Fee paid to Shopchums by the Business that creates that particular Shopcast, as well as for any B follower views on subsequent Shopcasts.
1.7. Every time one of Your A followers earns a commission from a Shopcast as described in 1.6. herein, You will earn 5% of the same Fee per view paid to Shopchums by the Business sponsoring the same Shopcast.
2. Income Booster Agreement Effective Date and Income Booster Initiation
You can become active as an Income Booster as of the date you download the premade Shopchums Income Booster promo video:
2.1. If You want to increase your commission income potential from other social media users on other social media networks (“Users”) who are not already Your followers, a) You can download and send Your premade Shopchums Income Booster promo video to such Users, which video will contain Your unique Income ID; b) Very importantly, and in order for that User to be linked to Your Income ID for commission purposes as described herein, a User must open and watch the premade Shopchums Income Booster promo video You sent to them, and then register and open an Account on Shopchums using the registration form attached to Your Income Booster video. To clarify, if any Users bypass the Income Booster video You sent to them, and they subsequently open an Income Booster video sent to them by a third party and then register on Shopchums, or if they separately register directly on Shopchums, they will not be linked to Your Shopchums Income ID for commission purposes herein.
2.2. If the Users in 2.1 have followers, and they want to introduce Shopchums to their followers, the Users can share the premade Shopchums Vidcaster promo video with their followers by uploading the video on their accounts on all social media sites where they are active, which video will contain their unique Income ID. Very importantly, and in order for their followers to be linked to the User’s Income ID for commission purposes as described herein, their followers must open and watch the premade Vidcaster promo video that the User shares with them, and then register and open an Account on Shopchums using the registration form attached to the User’s shared Vidcaster video. To clarify, if any of their followers bypass the Vidcaster video the User shared with them, and then register by opening and using someone else’s shared video, or if they separately register directly on Shopchums, they will not be linked to the User for commission purposes herein.
2.3. Pursuant to 2.2 foregoing, Your link to the Users will also link Your Income ID to their followers, and You will earn commissions for any such follower views on Shopcasts, in a manner similar to how Your Users will earn commissions.
Income Booster Commissions
2.4. Pursuant to 2.1 herein, if any User attends and views a Shopcast, the Business sponsor for the Shopcast will pay a Fee to Shopchums for that view, and You will earn 20% of the Fee as a commission for that Shopcast. Further, if the User attends and views any subsequent Shopcasts, You will earn 20% of the Fee paid for each view by the Business as a commission for each and any such subsequent Shopcast;
2.5. Pursuant to 2.2 herein, the commission paid to Users for each follower view for any particular Shopcast will be 20% of the Fee per view paid to Shopchums by the Business that creates that particular Shopcast, as well as for any Fees paid to Shopchums for subsequent views by their followers on future Shopcasts.
2.6. Every time Users earn a commission from a Shopcast as described in 2.5 herein, You will earn 5% of the same Fee per view paid to Shopchums by the Business sponsoring the same Shopcast.
Other Commission Information
2.7. Commissions will accrue monthly in arrears in Your Commission Account and be paid to You on the 15th day after the end of the calendar month in which commissions are generated.
2.8. Before any commissions are paid, there must be a minimum of US $50 in the Your Commission Account. Please note that any commissions not paid owing to the minimum payment stipulated herein will remain Your property and will ultimately be paid to You on the 15th day of the month following the first month when the US $50 minimum is reached.
3. Vidcaster Terms
3.1. Vidcasters shall not allow their interests to conflict with their duties under this Agreement and all Vidcasters shall comply with all reasonable and lawful instructions of Shopchums.
3.2. If Shopchums, determines that a Vidcaster does not satisfy the requirements set out by Shopchums in this Agreement, Shopchums, in its absolute discretion, may terminate this Agreement with such Vidcaster with immediate effect, by giving to the Vidcaster written notice, without prejudice to any of Shopchums rights under this Agreement.
3.3. You shall have no authority, and shall not hold yourself out, or permit any person related to You (as a Vidcaster) to hold him/herself out as being authorized to bind Businesses in any way, and shall not do any act or otherwise conduct yourself in such manner which might reasonably create the impression that You are, as a Vidcaster, so authorized.
3.4. You shall not make nor enter into any contracts or commitments nor incur any liability for or on behalf of Your followers or any other User on the Shopchums Platform.
3.5. You shall not represent to any Follower, nor to any other person, that Shopchums guarantees any commissions herein, nor make or attempt to make a commission sharing arrangement with a Follower or any other person.
3.6. You agree that this Agreement does not create an exclusive agreement between Shopchums and You, as a Vidcaster, relative to any particular Businesses; You can earn only commissions as a result of Shopcast activity by a Business on the Shopchums Platform.
3.7. Except as permitted by Shopchums in this Agreement, You shall not and are not authorized to use the Shopchums trademark, name or any of our other intellectual property, or any variations or misspellings thereof, or other term or terms which may be similar to or which might be confused in any way with any of Shopchums intellectual property.
3.8. Breach of any of the provisions herein shall allow Shopchums, in its sole discretion and without notice, to suspend and/or immediately terminate this Agreement by giving written notice to the Vidcaster in breach.
4.Relationship Between Shopchums and Vidcasters
4.1. You shall not represent Yourself on Shopchums as an agent or employee of either of Shopchums and/or any Business on the Platform.
4.2. You will not attempt to bind either Shopchums and/or Businesses in any manner.
4.3. You shall adhere to all of Shopchums restrictions and Vidcaster Terms while participating in the Vidcaster program. Such restrictions and Vidcaster Terms may be revised without notice at any time by Shopchums, at its sole discretion.
4.4. You agree that participation herein is entirely at Your cost and risk.
5. Compliance With Laws
5.1. All Vidcasters shall, at their own expense, comply with all applicable laws, and regulations, including any changes to such laws and regulations from time to time which may be applicable to Vidcasters, pursuant to their activities related to this Agreement.
5.2. Vidcasters are solely responsible for any taxes that may be applicable to them pursuant to their activities on Shopchums. In particular, Vidcasters are solely responsible for filing and paying their income taxes on any commissions earned on Shopchums, under income tax laws applicable to them.
5.3. The context of the phrase “passive income” as used on Shopchums is intended to describe income requiring little or no effort in order for such income to be earned by a Vidcaster; for clarity, the context of passive income herein is not intended to have nor convey any meaning or significance of any kind under any income tax law or laws in any jurisdiction.
5.4. You agree and undertake that You will at all times ensure that none of Your actions shall cause any actual or potential breach of any laws which are and which may from time to time become applicable to Shopchums, and You undertake to cooperate with Shopchums pursuant to any requests by Shopchums aimed at achieving or enhancing Shopchums’ compliance with applicable laws and regulations from time to time.
5.5. You agree and undertake that You are responsible for any expenses or costs incurred by You pursuant to Your activities herein.
5.6. You undertake that all communications with Shopchums, and with Followers and other Users on Shopchums, which may occur or may become required during the course of this Agreement, are honest, clear, and not misleading or deceptive in any manner.
5.7. You agree and accept that Your communications herein may be the subject of assessment by Shopchums, when and as deemed appropriate by Shopchums, at its sole discretion. You undertake to cooperate fully with Shopchums at all times and to provide any and all such documentation and records of communication, as well as other information and clarifications that may be required by Shopchums, in order to enable Shopchums to conduct such assessments.
5.8. You will at all times ensure that none of Your actions will cause any actual or potential breach of these Terms, including any guidelines, regulations, and policies that may be created by Shopchums pursuant to these Terms from time to time.
6. Representations and Warranties
6.1. You hereby represent and warrant to Shopchums the following:
(i) You have the legal capacity to enter into this Agreement;
(ii) You are not in breach of any applicable laws and regulations by becoming a Vidcaster;
(iii) You are not bankrupt or subject to any administrative, insolvency order, tax or other proceedings;
(iv) You are not subject to any current criminal indictment or proceeding;
(v) You shall not commit any act or do anything which might reasonably be considered: (i) to be immoral, deceptive, scandalous or obscene; or (ii) to injure, tarnish, damage or otherwise negatively affect the reputation of and goodwill associated with Shopchums.
7. No Partnership or Agency
The relationship between Shopchums and a Vidcaster shall be that of independent parties. Nothing in this Agreement is intended to, or shall be deemed to, establish an employee-employer relationship, create any partnership or joint venture between any Vidcaster and Shopchums, create any principal and agent relationship between any Vidcaster and Shopchums, nor authorize any Vidcaster to make or enter into any commitments for or on behalf of Shopchums.
8. Termination and Other Provisions
8.1. Shopchums shall have the right to terminate the Income Program at any time, for any reason.
8.2. Shopchums shall have the right, by giving written notice to the Vidcaster, to terminate a Vidcaster with immediate effect for cause at any time, including but not limited to any of the following reasons:
8.2.1. the Vidcaster commits a material breach of this Agreement;
8.2.2. the Vidcaster produces or uses any advertising or marketing in breach of this Agreement;
8.2.3. the Vidcaster ceases for any reason whatsoever to be registered on Shopchums;
8.2.4. the Vidcaster breaches any of the Vidcaster Terms herein or any article which is part of the Vidcaster Terms herein (including this article);
8.2.5. the Vidcaster becomes subject to a criminal indictment or becomes charged in any criminal proceeding.
8.2.6. the Vidcaster uses or proposes to use the Services contrary to law, common decency or good morals, or otherwise improper or detrimental to the reputation of Shopchums;
8.2.7. if a decision or judgement must be made relative to any of the foregoing, such decision or judgement shall be determined by Shopchums, in its sole discretion.
8.4. This Agreement shall expire 5 years from the date that a Vidcaster accepts these Vidcaster Terms. Provided that the Vidcaster has not been in violation during the term hereof and is not in violation at the time of renewal, this Agreement shall be renewable on a yearly basis, at Shopchums sole discretion, by giving a minimum of 90 calendar days written notice prior to expiry herein, of such renewal to the Vidcaster, and such renewals shall continue on a yearly basis, at Shopchums sole discretion.
8.5. If a Vidcaster dies during the term of this Agreement or any renewal thereof, commissions will continue to be calculated and paid to the estate of the Vidcaster for a period of 3 months from the date of the Vidcaster’s death, at which time this Agreement shall be terminated.
9. Other Important Terms
9.1. We may transfer our rights and obligations under these Terms to another organization, but this will not affect Your rights or obligations under these Terms.
9.2. You may not transfer Your rights or your obligations under these Terms to another person, unless Shopchums expressly agrees in writing prior to any such transfer or proposed transfer.
9.3. These Terms and any document expressly referred to in them constitutes the entire Agreement between a Vidcaster and Shopchums, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings, whether written or oral. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document referred to in them. You agree that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document referred to in them.
9.4. If Shopchums fails to insist that a Vidcaster has not performed any of its obligations under these Terms, or if Shopchums does not enforce its rights herein, or if Shopchums delays in doing so, it does not mean that Shopchums has waived any of its rights herein, and it does not mean that the Vidcaster does not have to comply with any obligations herein. If Shopchums does waive a default by an Vidcaster, Shopchums will only do so in writing to such Vidcaster; however, that does not mean that Shopchums will automatically waive any later default by such Vidcaster.
9.5. Each of the provisions herein operates separately. If any court or competent authority decides that any provision is unlawful or unenforceable, all remaining provisions will remain in full force and effect.
9.6. These Terms, their subject matter and their formation, and any other disputes or claims in connection therewith, are governed by the laws of Canada. In the event of any such disputes or claims in connection with these Terms, we both agree to first engage in good faith discussions to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days of appropriate notice given by either party to the other herein, we both irrevocably submit to the exclusive jurisdiction of the courts of Canada.