Creator Service Agreement

1.1 What this Agreement covers. This Agreement governs the relationship between you and SPX when you apply for creator funding referral services through socialplaylistx.com. It describes the services SPX provides, the fees you owe, how your information is used and shared, and your rights and obligations throughout the process.

1.2 Relationship to other SPX documents. This Agreement works alongside the SPX Terms of Use and Privacy Policy, both available at socialplaylistx.com. Where this Agreement and the Terms of Use conflict on a topic this Agreement addresses, this Agreement controls. The Privacy Policy governs the collection, use, and protection of your personal information.

2.1 Eligibility. You represent that you are at least 18 years old, have the legal capacity to enter into this Agreement, and, if acting on behalf of an entity, have authority to bind that entity.

2.2 Accuracy. You represent that all information and documentation you provide in connection with your application is true, accurate, current, and complete. You agree to notify us promptly if any material information changes during the application or referral process.

2.3 Ownership and authority. You represent that you own or have the legal right to the catalog, masters, publishing rights, YouTube channel, or other assets described in your application, or that you are the authorized representative of the owner, and that submitting your application and the accompanying documentation does not violate any agreement you have with a third party.

2.4 Consequences of inaccuracy. If any representation in this Section 2 is materially inaccurate, SPX may decline or withdraw your application, terminate this Agreement immediately, and pursue any remedies available under this Agreement or at law, including recovery of the platform usage fee under Section 5 if applicable.

3.1 What SPX does. SPX provides the following services under this Agreement:

• Reviews your application and supporting documentation for completeness and initial eligibility.
• Assesses your catalog, channel, streaming, advertising, and revenue information to determine whether your application is suitable for referral to a funding partner.
• If your application qualifies, refers it to one or more third-party funding partners appropriate to your lane (music or YouTube) and the characteristics of your catalog or channel.
• Communicates with you and, where appropriate, with the funding partner regarding the status of your application and referral.
• Facilitates the introduction to the funding partner's own verification and onboarding process if a funded offer is accepted.

3.2 What SPX does not do. SPX does not:

• Provide advances, loans, or any form of funding from its own capital.
• Guarantee that your application will be referred, that a funding partner will make an offer, or that any offer will be for a particular amount, rate, or term.
• Set the terms of any funding offer. All offer amounts, terms, and conditions are determined by the funding partner.
• Act as your agent, fiduciary, financial advisor, investment advisor, or legal advisor.
• Take ownership or control of, or any lien or security interest in, your catalog, masters, publishing rights, YouTube channel, or advertising revenue.
• Act as the counterparty on any funding agreement. If you accept a funding offer, the funding agreement is between you and the funding partner, not SPX.
• Conduct identity verification or collect government-issued identification or bank account information. Identity and banking verification for funding disbursement are handled by the funding partner directly.

3.3 Funding partners. At the date of this Agreement, SPX's funding partners are:

• For music catalog and streaming advances: Snafu (snafurecords.com) and Sound Royalties (soundroyalties.com).
• For YouTube channel and advertising revenue advances: Viewture (viewture.com) and Sound Royalties (soundroyalties.com).

SPX may add, remove, or replace funding partners. SPX will notify you if a change affects your active application.

3.4 No guarantee of outcome. SPX's obligation under this Agreement is to review, qualify (if appropriate), and refer your application. SPX does not guarantee any outcome. Timelines described on the Site or in communications are estimates, not commitments.

4.1 Your authorization. By submitting your application, you authorize SPX to collect, use, store, and share the information and documentation you provide (and information obtained from sources you authorize) for the following purposes:

• Reviewing and qualifying your application.
• Sharing your application, earnings documentation, rights information, and related materials with the funding partner or partners to which your application is referred, so the partner can evaluate your eligibility and, if appropriate, make a funding offer.
• Communicating with the funding partner about your application and referral.
• Processing the platform usage fee described in Section 5.
• Complying with legal, tax, and regulatory obligations.

4.2 Scope of sharing. SPX shares with funding partners only the information reasonably needed for the partner to evaluate your application. Where practicable, SPX uses summaries or redacted records for initial review before sharing full documents. Once shared, the funding partner's use of your information is governed by the partner's own privacy policy and any agreement between you and the partner.

4.3 Withdrawal of authorization. You may withdraw your data sharing authorization at any time by contacting us at info@thesocialplaylist.com. Withdrawing authorization will prevent SPX from completing qualification or making a referral, and may result in termination of your application. Withdrawal does not affect information already shared before the withdrawal, and does not relieve you of obligations that arose before the withdrawal, including any fee obligation under Section 6.

4.4 Privacy Policy governs. Full details about how SPX collects, uses, stores, discloses, and protects your personal information are in the SPX Privacy Policy. This Section 4 provides the authorization; the Privacy Policy provides the comprehensive description.

5.1 Fee schedule. SPX charges a platform usage fee for its qualification and referral services, calculated as a percentage of the funded amount:

• Funded amounts under $500,000: 15% of the funded amount.
• Funded amounts of $500,000 or more: 10% of the funded amount.

5.2 Funded amount defined. "Funded amount" means the gross amount disbursed or to be disbursed to you by the funding partner under your funding agreement with that partner. If funding is disbursed in installments, the platform usage fee is calculated on the total committed amount stated in the funding agreement, not on each individual installment.

5.3 When the fee applies. The platform usage fee applies only when a referral results in a funded transaction between you and a funding partner. No fee is owed if your application is declined, if no funding offer is made, or if you withdraw your application before accepting a funded offer (except as provided in Section 6).

5.4 Fee collection. The method, timing, and any payment authorization for collection of the platform usage fee will be communicated to you before any payment is processed. You will receive a clear written statement of the fee amount before collection occurs.

5.5 Taxes. You are responsible for any taxes, duties, or government charges imposed on your payment of the platform usage fee, other than taxes on SPX's own net income.

5.6 Acknowledgment. By accepting this Agreement, you acknowledge that you have read and understood the fee schedule in this Section 5, and you agree to pay the platform usage fee as described.

6.1 Withdrawal before accepting a funded offer. You may withdraw your application at any time before you accept a funded offer by contacting us at info@thesocialplaylist.com. If you withdraw before accepting a funded offer, no platform usage fee is owed.

6.2 Withdrawal after accepting a funded offer. If SPX secures a funded offer at or above the amount you agreed to pursue, and you accept that offer, but you then withdraw from or fail to complete the funded transaction through no fault of the funding partner or SPX, the platform usage fee is owed in full, calculated on the funded amount stated in the accepted offer. This is because SPX has completed the services described in Section 3.1 at the point of your acceptance.

6.3 Disputes about withdrawal. If you believe your withdrawal was caused by a material change in the funding partner's terms after your acceptance, or by a breach by the funding partner or SPX, contact us at info@thesocialplaylist.com with a written explanation. SPX will review the circumstances and, if SPX determines in good faith that the withdrawal was justified by the funding partner's or SPX's actions, SPX will waive or refund the fee. SPX's determination is subject to the dispute resolution process in Section 12.

7.1 Verification by the funding partner. If a funding partner approves your application and you accept a funded offer, the funding partner will require you to complete its own identity and banking verification (commonly called know-your-customer or KYC verification) before disbursing funds. That verification is conducted by the funding partner directly. SPX does not collect your government-issued identification or bank account information for that process.

7.2 Your obligation to cooperate. You agree to cooperate with the funding partner's verification requirements promptly and in good faith. SPX is not responsible for the funding partner's verification process, timeline, or requirements.

7.3 Failure to complete verification. If you do not complete the funding partner's verification within the timeframe the partner specifies, the funding partner may withdraw its offer and the referral may lapse. If the offer lapses because you failed to complete the funding partner's verification, Section 6.2 applies (the platform usage fee is owed because the withdrawal is through no fault of the funding partner or SPX).

7.4 Secure submission to the funding partner. Government-issued identification, bank account information, and other sensitive verification documents are submitted directly to the funding partner through the partner's own process. Do not send these documents to SPX. SPX will never ask for your YouTube, Google, streaming service, or bank password.

8.1 The fee you pay. SPX charges you the platform usage fee described in Section 5. This is the only fee you pay to SPX.

8.2 Referral commission paid by the funding partner. When a referral results in a funded transaction, the funding partner also pays SPX a referral commission or fee. This commission is separate from your platform usage fee. It does not reduce the amount of your advance, is not deducted from any payment the funding partner makes to you, and does not come out of the funded transaction. It is disclosed here so you are aware that SPX has a financial relationship with the funding partners it recommends.

8.3 Acknowledgment. By accepting this Agreement, you acknowledge that you have read and understood this compensation disclosure and that SPX receives compensation from both you and the funding partner in connection with a funded referral.

9.1 Separate agreement. If you accept a funding offer, you will enter into a separate funding agreement directly with the funding partner. SPX is not a party to that agreement. The funding partner's agreement governs all terms of the funded transaction, including the amount, repayment or revenue-sharing terms, term and termination, default and cure, and any security interest, revenue direction, or administration arrangement.

9.2 Read before you sign. SPX strongly recommends that you read any funding agreement carefully and consult your own legal, financial, or tax advisor before signing. SPX does not endorse, guarantee, or take responsibility for the terms of any funding partner's agreement.

9.3 Disputes with the funding partner. Questions or disputes about the funded transaction, including the partner's performance, the terms of the funding agreement, or the partner's handling of your data after referral, should be directed to the funding partner. SPX is not responsible for the funding partner's acts or omissions.

10.1 Your information. SPX will treat your application, earnings documentation, and rights information as confidential and will not disclose them except as described in this Agreement and the Privacy Policy (to funding partners for referral, to service providers, for legal compliance, or with your consent).

10.2 SPX information. You agree to treat as confidential any nonpublic information SPX discloses to you about its referral process, funding partner relationships, fee arrangements with funding partners, or internal operations. You will not disclose such information to third parties without SPX's prior written consent, except to your own legal, financial, or tax advisors who need it to advise you on the funded transaction.

10.3 Survival. The confidentiality obligations in this Section 10 survive termination of this Agreement for a period of 2 years, except that SPX's obligations regarding your information continue for as long as SPX holds that information, as described in the Privacy Policy.

11.1 Cap. To the fullest extent permitted by law, SPX's total liability to you for all claims arising out of or related to this Agreement or the services provided under it, whether in contract, tort (including negligence), strict liability, or any other legal theory, will not exceed the greater of: (a) the total platform usage fees you have actually paid to SPX under this Agreement, or (b) $500.

11.2 Exclusions. To the fullest extent permitted by law, SPX will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to this Agreement, even if SPX was advised of the possibility of such damages.

11.3 Funding partner actions. SPX is not liable for any act or omission of a funding partner, including the partner's decision to approve or decline your application, the terms of any funding offer, delays in funding, the partner's performance of the funding agreement, or the partner's handling of your data after referral.

11.4 Applicable law. Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limitations in this section apply to the fullest extent permitted by applicable law.

12.1 Governing law. This Agreement, and any dispute arising out of or related to it, is governed by the laws of the State of New York, without regard to its conflict-of-laws principles.

12.2 Informal resolution first. Before filing any formal proceeding, you agree to contact us at info@thesocialplaylist.com and attempt to resolve the dispute informally for at least 30 days.

12.3 Binding arbitration. If informal resolution does not succeed, any dispute, claim, or controversy arising out of or relating to this Agreement (except for claims described in Section 12.5) will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator in New York, New York (or, at your election, by videoconference). The arbitrator's decision is final and may be enforced in any court with jurisdiction.

12.4 Class action waiver. You and SPX each agree that any dispute will be resolved on an individual basis only. Neither you nor SPX may bring a claim as a plaintiff or class member in any class, consolidated, or representative proceeding.

12.5 Exceptions. Either party may bring a claim in small claims court in New York County, New York, if the claim qualifies. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or data security obligations.

12.6 Opt-out right. You may opt out of the arbitration and class action waiver provisions in Sections 12.3 and 12.4 by sending written notice to info@thesocialplaylist.com within 30 days of accepting this Agreement. The notice must include your name, the email address associated with your application, and a clear statement that you opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.

12.7 Fees. If you are unable to afford the arbitration filing fee, SPX will pay it. Each party bears its own attorneys' fees unless the arbitrator awards fees to the prevailing party under applicable law.

13.1 Term. This Agreement takes effect when you accept it by submitting your application and remains in effect until all obligations under it have been fulfilled, including payment of any platform usage fee owed.

13.2 Termination by you. You may terminate this Agreement by withdrawing your application as described in Section 6. Termination does not relieve you of obligations that arose before termination, including any fee obligation under Section 6.2.

13.3 Termination by SPX. SPX may terminate this Agreement at any time by notice to you, including if your application is declined, if you breach this Agreement, or if SPX discontinues the Service. Where practicable, SPX will provide notice before or at the time of termination.

13.4 Effect of termination. On termination, SPX will cease processing your application and will not make further referrals under this Agreement. Sections 5 and 6 (to the extent a fee is owed), 8 (Compensation Disclosure), 10 (Confidentiality), 11 (Limitation of Liability), 12 (Dispute Resolution), and this Section 13.4 survive termination.

14.1 Entire agreement. This Agreement, together with the SPX Terms of Use and Privacy Policy, constitutes the entire agreement between you and SPX regarding the referral services described in this Agreement.

14.2 Severability. If any provision of this Agreement is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will continue in full force.

14.3 Waiver. SPX's failure to enforce any provision is not a waiver of that provision or any other provision.

14.4 Assignment. You may not assign this Agreement without SPX's prior written consent. SPX may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, with notice to you.

14.5 Notices. Notices to SPX should be sent to info@thesocialplaylist.com or to 30 Gould St, Str R, Sheridan, Wyoming 82801. Notices to you will be sent to the email address associated with your application.

14.6 Headings. Section headings are for convenience only and do not affect interpretation.

14.7 Electronic acceptance. You agree that clicking "I Agree," checking an acceptance box, or submitting your application after being presented with this Agreement constitutes your electronic signature and has the same legal effect as a handwritten signature. This Agreement may be formed and enforced electronically under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN) and applicable state law.