1. Introduction.
The Support-A-Creator Program and the services and features we make available to you (the “Program”) is an affiliate marketing program for creators that publish Content on third-party media platforms (referred to as “Creators”). Creators may receive real-money rewards (“Payout Award”) based on qualifying purchases.
2. About these Terms.
These Support-A-Creator Program Terms (the “Terms”) apply to your participation in the Program. These Terms are a contract between the Creator that accepts these Terms (“you,” “your,” or “yours”) and Epic.
This contract begins once we have approved your Application via email. By submitting your Application, you acknowledge that you have reviewed and agree to be bound by the terms of this contract, including all Video Game Policies necessary for you to create your Content.
These Terms are part of the Fortnite EULA, the Psyonix Terms of Use (for Fortnite and Psyonix Creators), and/or the Epic Games Store (“EGS”) EULA, and also cross-reference other policies (such as the Content Guidelines) that are applicable to you (collectively the “Video Game Policies”), so be sure to read and understand those other Terms as well. This next part is very important:
READ THESE TERMS CAREFULLY. THESE TERMS WILL REQUIRE YOU AND EPIC TO RESOLVE DISPUTES ABOUT THESE TERMS THE SAME WAY YOU HAVE TO RESOLVE DISPUTES ABOUT FORTNITE, ROCKET LEAGUE, OR THE EPIC GAMES STORE. THIS MEANS YOU ARE AGREEING TO BINDING, INDIVIDUAL ARBITRATION OF MOST DISPUTES WITHOUT THE RIGHT TO GO TO COURT INDIVIDUALLY OR AS PART OF A CLASS ACTION. FOR MORE INFORMATION, SEE SECTION 12 OF THE FORTNITE EULA, SECTION 17 OF THE PSYONIX TERMS OF USE, AND SECTION 12.3 OF THE EPIC GAMES STORE EULA.
3. Program Eligibility Requirements.
In addition to accepting these Terms and submitting your Application, you must meet the following requirements to participate in the Program:
3.1 Age Requirements. You must be a legal adult where you live to accept these Terms. By applying to this Program, you represent that you are legally an adult in your region.
3.2 Enterprises. If you are accepting these Terms on behalf of a corporation, limited liability company, limited partnership or other legal entity (“Enterprise”), you represent that you have authority to act on behalf of that Enterprise, and that such Enterprise accepts these Terms.
3.3 Epic Account Requirements. You must have an Epic Games Account (“Epic Account”) with 2-Factor Authentication enabled that is in compliance with these Terms, the Epic Games Terms of Service, and all additional terms and policies that apply to you as a Creator (for example Epic’s Community and Content rules) or as a User of the Video Games.
3.4 Third-Party Account Requirements. You must own and operate a valid, eligible third-party media account with the minimum number of followers Epic specifies in the Support-A-Creator Program FAQ and link it to your Creator account. You may not have gained those followers artificially, including by automation or other manipulation.
3.5 Content Requirements. You must publish digital media content for eligible product offerings (“Content”), including Fortnite, Rocket League, and other participating games in the Epic Games Store (collectively “Video Games”) designated by Epic.
3.6 Financial Information. You must provide complete and accurate tax and payment information to Epic and its Payout Provider on the timeline required by Epic.
3.7 Customary Restrictions. Epic employees, agents, representatives, and their immediate family members (e.g., spouse, parent, sibling, and anybody living together with one of our employees) are ineligible to apply.
3.8 Program and Payout Award Availability. You are not eligible to participate if the Program is restricted or prohibited by law where you live, or we cannot remit payment to you because of legal or other considerations. Epic uses a third-party payout provider to make Payout Award payments to Program participants in these countries and regions.
4. Your Content and Conduct.
4.1 Eligible Content.
Not all Content is eligible for monetization via the Program. Content is only eligible for a Payout Award if it complies with these Terms and all additional rules that apply to you as a Creator and User of the Video Games.
For example:
4.2 Restricted Content.
By way of example, but without limiting any other Content restrictions specified in these Terms, you are not allowed to do any of the following:
4.3 Disclosures. Both Users and their Content must comply with all legal and regulatory disclosure requirements, including endorsement disclosures, where applicable. In addition, Epic requires that if you’re promoting Content on social media, you have to make clear that you have Creator terms with Epic and can receive Payout Awards from Epic. It’s important for people to know that so they understand you may benefit from promoting Epic. We strongly encourage you to read the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, which contain the federal government’s most up-to-date advice on how best to disclose your receipt of benefits from companies you’re talking about on social media. You must also be sure to stay current on, and make sure you follow the rules in, Epic’s own Creator Disclosure Guidelines.
4.4 Removal of Content.
You may take down or remove your Content at any time. You must take down or remove your Content if you no longer have the rights required by these Terms.
Please note: Even if you delete or remove any previously published Content that violates these Terms, you can still be in violation of these Terms. Publishing prohibited Content at any time, even if it is later deleted or removed, can be the basis of a negative determination on your Program account.
4.5 Violations.
Payment Withholding. Epic may withhold or adjust the Payout Award associated with your violation of these Terms, including in the event that you violate Section 4.1. If after issuing a Payout Award we determine that you violated these Terms before you earned such Payout Award, Epic reserves the right to recover that Payout Award by deducting such amounts from any future Payout Award you may receive. In certain circumstances, Epic may also temporarily suspend for a period of time the Payout Award on any or all of your Content.
Suspend or Terminate Program Participation. Violation of these Terms may result in your temporary suspension from or permanent removal from the Program. If your participation in the Program has been suspended or terminated, you may not use another Epic Account to circumvent these restrictions.
Suspend or Terminate Epic Account. Epic may terminate your Epic Account in accordance with these Terms, the Video Game Policies, or any other agreement you have with Epic.
4.6 Notice. Epic will use reasonable commercial efforts to notify you in connection with any negative action taken in accordance with this Section and how to appeal the action unless we reasonably believe that to do so: (a) would violate the law, the direction of a legal enforcement authority, or otherwise risk legal liability for Epic or our Affiliates; (b) would compromise an ongoing investigation or the integrity or operation of a Video Game; or (c) would otherwise risk liability or harm to any User, third party, Epic or our Affiliates.
5. Grant of Rights/Usage.
Epic may feature or promote your Content or Brand Features in connection with your participation in the Program. For any Content you create that includes Video Games, and at no additional cost, you grant Epic, as well as Epic’s Affiliates, licensees, successors, assigns and agents (collectively, the “Permitted Parties”) the irrevocable right and license to use and make modifications Epic considers necessary to use your Content for the purpose of advertising and promoting Video Games. Epic also has the right, but not the duty, to use your Content to inform new features, elements, or game modes for Video Games. You have no claim for invasion of privacy, right of publicity, or other claims arising from Epic’s use of your name, likeness, or Content.
Even if you later withdraw or are removed from the Program, Epic is under no obligation to remove or delete social media posts or archived parts of its website that contain Content or Brand Features you posted while you were a Creator, and you acknowledge that Content you created may be retained by third parties and may remain available on third-party websites, platforms, or services, and that Epic has no responsibility to stop the Content remaining accessible on third-party sites. You also acknowledge and agree that Epic is not obligated to use in any manner any Content you create.
6. Payout Calculations.
6.1 Attributed Users. Once you become a Creator, you will receive a code (“Creator Code”) as well as an attribution link you can include in your Content. If a User clicks on your link or enters your Creator Code using any device that has signed into that User’s Epic Account, that User will become an “Attributed User.” Qualifying purchases and redemptions that the Attributed User makes in one of our Video Games or the Support-A-Creator Program Portal (“Creator Portal”) will be applied towards the Payout Minimum, which, if met, will make you eligible to receive Payout Awards. A User can only be an Attributed User for one Creator at a time. Once the User enters someone else’s Creator Code or uses someone else’s link, that player will no longer be an Attributed User for you.
6.2 Payout Award Calculations. The Creator Portal will tell you how Epic calculates Payout Awards in connection with the Program. That calculation method may change over time, and you should check the Creator Portal regularly to learn about Program and Payout Award changes, but any changes will apply only to future Payout Awards, not to Payout Awards you’ve already earned.
6.3 No Right to Audit. Neither these Terms nor any other agreement or legal principle provide any right for you or any third party to inspect or examine any of Epic’s data, documents, records, software, or systems, related to or in any way connected with the Program. Epic has no duty to disclose any financial statements, balance sheets, formulas, or any other business records to you or any third party, specifically including any financial information related to the Payout Award.
7. Payout Details.
Epic will distribute Payout Awards monthly. Here’s what to expect with Epic’s payout process:
7.1 Payout Award Account. You must successfully set up a payout account and complete any payout enrollment process required by the third-party service provider Epic engages to process and distribute Payout Awards (“Payout Provider”) before you can receive Payout Awards. You will have 60 days from Acceptance into the Program to complete the enrollment process. If by that time you haven’t completed the enrollment process, you will not be able to receive any Payout Awards, any attributed purchases or redemptions will reset to zero, and we will terminate these Terms.
7.2 Representatives. If you are acting as a Creator’s agent or representative, you certify that you are authorized to provide the specific payout information which you give to us and, where applicable, to receive Payout Awards from us. Epic is not responsible for, and will not adjudicate, any disputes between you and any other agent or entity relating to (a) payout information that you provide to us or (b) the payout or any apportionment of the payout between you and any third party.
7.3 Paid Monthly via Payout Provider. If you reach the Payout Minimum, we will distribute your Payout Award approximately 30 days after the end of the month for which it was reached. If you receive less than $100 in attributed purchases or redemptions in a month, we’ll carry those attributions over to the next month for up to 12 consecutive months. For example, if you have $50 applied towards the Payout Minimum threshold based on attributed purchases or redemptions made during January and then another $50 applied towards the Payout Minimum threshold based on attributed purchases or redemptions made during February, we’ll send you a $100 Payout Award by the end of March. You can view your Payout Award information within the Creator Dashboard of the Creator Portal.
7.4 Payout Minimum. Not everyone who has Attributed Users will receive enough attributed purchases or redemptions to get Payout Awards issued by Epic. Generally, we only issue payment in amounts over $100 USD. If the attributed purchases and redemptions associated with your Program account do not equal or exceed $100 USD (the “Payout Minimum”), we will roll those attributed amounts over monthly and pay you when you cross the Payout Minimum threshold. The Payout Minimum threshold is considered every 12 months starting from the date of Acceptance into the Program. If you do not reach the Payout Minimum threshold within a 12-consecutive month period, your attributed amounts will be reset to zero and you will have to start again. If you participate in other Epic monetization programs, Epic may, at its discretion, combine eligible rewards payable to you in connection with any other program to meet the Payout Minimum.
8. Taxes.
8.1 Forms. We will need you to give us a completed Form W-9 (if you are based in the United States) or Form W-8BEN (if you are not based in the United States), bank account details, and other information for your tax onboarding so that we can pay you.
8.2 Reporting and Withholding. You are responsible for the payment of all other taxes, including income taxes, levies, VAT, and similar fees, due on payments we make to you under these Terms. In certain jurisdictions, tax regulations may require that we collect and/or report tax information about you, withhold taxes from payouts to you, or both. If you fail to provide us with documentation that we determine is sufficient to fulfill our obligation to withhold taxes from payouts to you, we may withhold payouts up to the amount as required by law, until you provide us with sufficient documentation.
If we have to withhold taxes on payments we make to you, we will deduct those taxes from the amount owed to you and pay the proper tax authorities. We will give you a receipt for any of these withholding taxes and we’ll also provide you other documents you reasonably request so that you can claim foreign tax credits or refunds.
9. Fees.
9.1 Payout Transaction Fees. Please note, transaction fees are charged by our Payout Provider on each Payout Award payment (which will be paid from any amounts that would otherwise be owed to you). Epic does not assess any additional fees.
9.2 Third-Party Costs. You are solely responsible for any third party costs or fees associated with Epic’s publication of your Content. Epic’s only obligations under these Terms are to you, the individual User accepting these Terms, and only upon Epic’s acceptance of your Application. Epic is not and will not be responsible for any commissions, taxes, fees, or other monies that you owe to others, including others who may have helped you create your Content.
9.3 Third-Party Agreements. You acknowledge that Epic is not responsible under any guild, union, artist, record label, publishing company, third party licensor, or performing rights society agreement (“Third Party Agreements”) to use your Content as permitted under these Terms and our Video Game Policies. If you create any Content that is subject to such payments or obligations, you are solely responsible for making those payments. If any demand is made to Epic with regard to such payments, Epic reserves the right to: (a) deduct such amounts from any Payout Awards owed to you; (b) remove your Content; (c) terminate or suspend these Terms until you have properly remitted payments to the appropriate parties; (d) pursue any other remedies available to Epic at law or equity; or (e) any combination of the foregoing.
10. Program Termination and Modification.
10.1 Epic’s Right to Modify. Epic may change these Terms (for example, modify, amend, add, remove, or modify the Eligibility Requirements, and change how we calculate Payout Awards), all at any time and for any reason by updating these Terms.
If we materially change these Terms, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except in urgent situations, such as legal, regulatory, or security reasons or to prevent harm or liability to any User, third party, Epic or our Affiliates. If you don’t agree to the new terms, you should stop using the Creator Portal and Program services.
10.2 Epic’s Right to Terminate. The existence of this Program today in no way creates an obligation for Epic to continue the Program in the future, nor does it guarantee that you will receive any future Payout Award. Epic may terminate these Terms at any time by providing you with at least 15 days’ notice.
10.3 Your right to Terminate. You may terminate these Terms any time by providing Epic at least 15 days’ notice.
10.4 Effect of Termination. Once you or we terminate these Terms, you will only be entitled to Payout Awards prior to termination, and only if those Payout Awards meet the Payout Minimum threshold.
11. Other Matters.
11.1 Your Relationship with Epic. These Terms are a non-exclusive contract between Epic and you as an independent Creator. Payout Awards are not wages. Voluntarily submitting Content does not create an employment or independent contractor relationship between you and Epic. Epic is not hiring or engaging you to provide any service. As a participant in the Program, you set your own schedule, and create Content only if, as and when you choose and without supervision, control, or direction by Epic. You are responsible for your own equipment and supplies that you use to create. You undertake these activities at your own risk, and you will not be entitled to worker’s compensation, insurance protection, or other benefits that Epic might provide to its employees.
11.2 Assignment. You may not assign or transfer your rights and obligations under these Terms to any other person for any reason, and unless otherwise prohibited, any attempt by you to do so will be considered void and may also result in the termination of these Terms and your Epic Account.
11.3 LIMITATIONS OF LIABILITY. The provisions of this paragraph shall apply to the fullest extent authorized by applicable law: EPIC SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR CONTENT YOU CREATE, INCLUDING FOR ANY LOSS OR DAMAGES ASSOCIATED WITH THAT CONTENT. USER-GENERATED CONTENT IS THE SOLE RESPONSIBILITY OF THE USER THAT MADE IT AVAILABLE. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, IN NO EVENT SHALL EPIC OR ITS DIRECT OR INDIRECT SUBSIDIARIES, CONTROLLED AFFILIATES, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE TO ANY PERSON OR ENTITY, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, FOR ANY LOST PROFITS, BUSINESS INTERRUPTION, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF EPIC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY.
11.4 Indemnification. You agree to indemnify, defend and hold Epic, its Affiliates, and each of the foregoing’s respective directors, officers, employees, agents, successors and assigns (collectively the “Epic Parties”), from and against any and all third party claims, loss, liability, injury, property damage, costs or damages arising from actual or threatened claims or causes of action for (a) your alleged or actual breach of these Terms or (b) your gross negligence or willful misconduct. In addition, you agree to defend, indemnify and hold the Epic Parties harmless from and against any and all third-party claims, damages, liabilities, costs and expenses (including, without limitation, reasonable outside attorneys’ fees) arising from the Content, including related intellectual property claims. This provision shall survive the expiration or termination of these Terms.
11.5 Insurance. You acknowledge that Epic does not provide for or carry any insurance of any kind for your benefit or that of your heirs, executors and administrators relative to your obligations under these Terms. You are solely responsible for obtaining and paying for any life, accident, automobile, employment-related, property or other insurance relative to your creation of Content, or any obligations you owe under these Terms.
11.6 Choice of Law/Venue. These Terms and any disputes arising under them shall be governed by the laws of Wake County, North Carolina applicable to contracts executed and performed entirely therein. Any action to enforce these Terms to which an applicable agreement to arbitrate does not apply shall be brought exclusively in the state courts in Wake County, North Carolina or, if federal jurisdiction exists, the United States District Court for the Eastern District of North Carolina, and Epic and you irrevocably submit to the jurisdiction of such courts and agree to waive any objection that such courts are an inconvenient forum.
11.7 Severability. If any provision of these Terms is or becomes or is deemed invalid, illegal or unenforceable under the applicable laws or regulations of any jurisdiction, either such provision shall be deemed amended to conform to such laws or regulations without materially altering the intentions of the parties and enforced accordingly, or it shall be stricken and the remainder of these Terms shall remain in full force and effect.
12. Defined Terms.
In addition to the capitalized terms defined above, the following terms have these specified meanings as used in these Terms:
12.1 “Affiliate” means, with respect to Epic, any entity that directly or indirectly controls, is controlled by, or is under common control with, Epic, including (by way of example but not limited to) its sublicensees and subsidiaries.
12.3 “Application” means the completed information and materials you must provide to Epic to apply to participate in this Program.
12.4 “Brand Features” means any trade name, trademark, DBA, group name, platform handle, stage name, or pseudonym, service mark, logo, domain name, or other distinctive brand feature of either you or Epic, respectively, as owned (or licensed) by either party from time to time, including any third-party marks provided to Epic by you that may be displayed in connection with the promotion, marketing, sale, support, and distribution of Content.
12.5 “Epic,” “we,” “ours,” or “us” means:
12.7 “User” means any natural person, company, or other legal entity lawfully interacting with a Video Game pursuant to the Video Game Policies.
12.8 “Video Game Policies” mean the Fortnite EULA (and any supplemental terms to that license); the Psyonix EULA; the Epic Games Store EULA; the Content Guidelines; the Fortnite Community Guidelines; the Epic Terms of Service; the Psyonix Terms of Use; and any other applicable policies or documentation Epic may publish or update from time to time at Epic’s sole discretion (subject to notice to you as provided in each respective document).