Sidekick Terms and Conditions

A Service of eFuse, Inc. d/b/a Sidekick

Effective Date: August 20, 2026

1. ACCEPTANCE OF THESE TERMS; WHO WE ARE

These Sidekick Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "Creator") and eFuse, Inc., a Delaware corporation doing business as Sidekick, with its principal place of business at 36 S Paint St, Chillicothe, OH 45601 ("Sidekick," "eFuse," "we," "us," or "our"). eFuse, Inc. is registered to do business in Ohio as a foreign corporation. These Terms govern your participation in the Creator Advertising & Revenue-Share Program and your use of the Sidekick website located at https://heysidekick.gg and all related applications, dashboards, application programming interfaces, and services that link to these Terms (collectively, the "Service"). Your use of the Service also requires an eFuse Account and is governed by the "eFuse User Agreement," which consists of the eFuse, Inc. Privacy Policy and the eFuse, Inc. Terms of Use (each incorporated into these Terms by reference). These Terms are specific to Sidekick and control over the eFuse User Agreement and any Ad Request to the extent of any conflict, as described in Section 27.7.

By creating an account, checking a box indicating your acceptance, clicking "I Agree," "Agree and Continue," or a similar affirmative button, or otherwise accessing or using the Service, you affirmatively accept these Terms and represent that you have the legal capacity to do so. If you do not agree to these Terms in their entirety, you must not access or use the Service.

THIS DOCUMENT CONTAINS A MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISION IN SECTION 20 THAT, EXCEPT AS EXPRESSLY PROVIDED, REQUIRES YOU TO RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION RATHER THAN IN COURT, AND A ONE-YEAR DEADLINE TO BRING ANY CLAIM. PLEASE READ IT CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

2. DEFINITIONS

"Ad Placement" means any advertisement, sponsorship, or promotional content delivered on, alongside, or within a Creator's live stream or related content through the Service, whether sourced through a direct/curated Ad Request (Section 5.4) or through Programmatic Advertising (Section 6).

"Ad Request" means a specific, individually identified sponsorship or advertising opportunity that eFuse or a sponsor/advertiser presents to a Creator for that Creator's acceptance or decline, as described in Section 5.4, as distinguished from Programmatic Advertising.

"Creator" means an individual who registers an eFuse Account, connects it to Sidekick, and participates in the Creator Advertising & Revenue-Share Program.

"Creator-Selected Integration" means any product placement, on-camera read, dedicated post, ambassador arrangement, or other sponsorship or endorsement content that a Creator independently arranges, features, or delivers on their Stream, as distinguished from an Ad Request or Programmatic Advertising.

"eFuse Entities" means eFuse, Inc. and its affiliates, officers, directors, employees, contractors, agents, licensors, successors, and assigns.

"eFuse User Agreement" means, collectively, the eFuse, Inc. Privacy Policy and the eFuse, Inc. Terms of Use, each as may be amended from time to time, which govern the eFuse Account generally and apply to your use of Sidekick in addition to these Terms.

"Integration Partner" means a third-party streaming platform, ad exchange, demand-side platform, or supply-side platform with which Sidekick is technically integrated to source, deliver, measure, or report on Ad Placements, including without limitation Kick Streaming Pty Ltd ("Kick"), Twitch, YouTube, and Discord.

"Payment Amount" means, for each Ad Placement, the amount payable to you as reflected in the payment or earnings information made available in your Sidekick account, which may vary based on the type of Ad Placement (Ad Request or Programmatic Advertising), performance, audience, geography, and other factors eFuse may apply from time to time.

"Programmatic Advertising" means the automated, algorithmic, or exchange-based selection, buying, targeting, sequencing, and delivery of Ad Placements, including international and cross-border ad placements, whether delivered directly by eFuse or through an Integration Partner's ad server, as distinguished from a direct/curated Ad Request.

"Stream" means a Creator's live or recorded audio-visual broadcast on a supported third-party streaming platform.

"You" / "Your" refers to the individual Creator agreeing to these Terms, and, where the context requires, any entity on whose behalf that individual is acting.

3. ELIGIBILITY; ACCOUNT REGISTRATION

3.1 Age Requirement

The Sidekick Creator Advertising & Revenue-Share Program is intended solely for use by individuals who are eighteen (18) years of age or older. This is a higher age floor than the general eFuse Account (which, per the eFuse, Inc. Privacy Policy, permits registration from age 13 with parental consent and country-specific age requirements) — Sidekick's Creator Advertising & Revenue-Share Program specifically requires 18+. Account registration requires you to enter your date of birth, which eFuse uses to verify that you meet this age requirement before enabling Sidekick's Creator features, in addition to your affirmative representation that you are at least 18. eFuse does not knowingly permit anyone under 18 to enroll in the Creator Advertising & Revenue-Share Program, and we will suspend Sidekick access (without necessarily affecting the broader eFuse Account) for anyone we learn is under 18.

3.2 Account Registration and Authentication

Your Sidekick access is created and authenticated through eFuse's shared account system, which is also used to sign in to eFuse, eRena, and eGency (collectively, the "eFuse Account"). You may register an eFuse Account by providing an email address, username, and password, your date of birth, and, optionally, your gender, or by connecting a supported third-party identity provider via OAuth, currently YouTube, Twitch, and Discord (each, an "Identity Provider"). Registration, account security, and general conduct on the eFuse Account are governed by the eFuse, Inc. Terms of Use; these Sidekick Terms govern your participation in the Creator Advertising & Revenue-Share Program specifically.

3.3 Accuracy; One Account; Account Security

You agree to maintain accurate registration information, to use only one eFuse Account per person, and to keep your credentials confidential, consistent with the eFuse, Inc. Terms of Use. You are responsible for all activity occurring under your account. Notify us immediately at the security contact identified in Section 28 if you suspect unauthorized access.

3.4 Geographic and Sanctions Eligibility

You may not participate in the Creator Advertising & Revenue-Share Program if you are located in, ordinarily resident in, or a national or government of a country or region subject to comprehensive U.S., EU, UK, UN, or Australian trade sanctions or embargo, or if you are listed on any restricted-party, denied-persons, or sanctions list maintained by the U.S. Treasury's Office of Foreign Assets Control (OFAC), the U.S. Department of Commerce, the EU, the UK, or the UN. See Section 23 for further export-control and sanctions terms.

4. DESCRIPTION OF THE SIDEKICK SERVICE

Sidekick is a free platform that gives Creators visibility into their stream performance and, for eligible Creators, the opportunity to earn a share of advertising revenue generated on their Streams through the Creator Advertising & Revenue-Share Program. Sidekick is not a talent agency, employer, broker, payment institution, or advertising agency acting on your behalf, and nothing in these Terms creates an employment, agency, joint venture, or partnership relationship between you and eFuse.

The Creator Advertising & Revenue-Share Program has two tracks that may operate side by side: (a) direct, curated Ad Requests, where eFuse or a sponsor/advertiser presents a specific opportunity that you individually accept or decline (Section 5.4); and (b) Programmatic Advertising, delivered automatically through eFuse's Integration Partners, where you consent to participate at the Creator Advertising & Revenue-Share Program level but do not select or control individual ads (Section 6). You may participate in either or both tracks, subject to eligibility. Enrollment in Programmatic Advertising occurs within Sidekick or, where you stream on an Integration Partner’s platform, through that platform’s own opt-in/opt-out mechanism, which the Integration Partner then reports to us. By enrolling, you authorize eFuse to transmit confirmation of your enrollment and of your acceptance of these Terms to that Integration Partner on your behalf, so that the Integration Partner may make your Stream available for Programmatic Advertising. eFuse maintains the record of your enrollment within Sidekick, including the date and time of your acceptance and the version of these Terms then in effect.

Ad Requests and Programmatic Advertising delivered by eFuse will not be delivered simultaneously on a single Stream; eFuse's Program enrollment and ad-serving logic is designed to prevent an accepted Ad Request and Programmatic Advertising from occupying the same ad slot or airtime. This Section addresses only Ad Placements delivered by eFuse through the Creator Advertising & Revenue-Share Program and does not apply to advertising delivered by an Integration Partner under its own advertising program (Section 5.5), which eFuse does not select, schedule, or control.

5. THE CREATOR ADVERTISING & REVENUE-SHARE PROGRAM

5.1 Enrollment

Eligible Creators may enroll in the Creator Advertising & Revenue-Share Program to make their Stream available for Ad Placements in exchange for Payment Amounts attributable to their Stream, as reflected in their Sidekick account. eFuse may condition, limit, suspend, or decline enrollment in its sole discretion, including based on content category, audience size, minimum follower or impression thresholds, fraud/quality signals, or an Integration Partner's own eligibility rules.

5.2 No Guaranteed Revenue

Participation in the Creator Advertising & Revenue-Share Program does not guarantee any minimum amount of Ad Requests, Ad Placements, impressions, or revenue. Revenue depends on factors outside eFuse's control, including advertiser and sponsor demand, Integration Partner ad-serving decisions, audience size and geography, invalid-traffic filtering, and market conditions.

5.3 Right to Modify or Discontinue

eFuse may modify, suspend, or discontinue the Program (either track, or both), in whole or with respect to any Creator, Integration Partner, or geography, at any time and without liability, subject to Section 16 (Term, Suspension, and Termination).

5.4 Direct / Curated Ad Requests

From time to time, eFuse or a sponsor/advertiser may present you with a specific Ad Request — an individually identified sponsorship, endorsement, or advertising opportunity. You may accept or decline each Ad Request at your discretion; eFuse and the relevant sponsor/advertiser may also require their own approval of a given Ad Request before it runs. Compensation for an accepted Ad Request may be structured as (a) a per-click payment, (b) a viewership / engagement-based payment, or (c) a commission based on total engagement, as specified in the applicable Ad Request. Ad Requests are distinct from, and unaffected by, the Programmatic Advertising described in Section 6: accepting or declining an Ad Request does not enroll or withdraw you from Programmatic Advertising, and vice versa. The confidentiality obligations in Section 9 apply to the terms of any Ad Request.

5.5 Integration Partner Advertising Programs Are Separate

Certain Integration Partners operate their own advertising programs independently of the Creator Advertising & Revenue-Share Program. If you participate in an Integration Partner's own advertising program, that participation is governed solely by that Integration Partner's terms; that Integration Partner selects and delivers the advertising and determines any amounts payable to you; and eFuse does not control that program, does not receive or hold your consent for it, and owes you no Payment Amount in respect of it. These Terms — including the ad-selection, disclosure, content-standard and payment provisions in Sections 5 through 8 — apply only to Ad Placements delivered by eFuse through the Creator Advertising & Revenue-Share Program.

6. PROGRAMMATIC & INTERNATIONAL AD PLACEMENTS

6.1 eFuse and Its Partners Control Ad Selection

You acknowledge and agree that eFuse, in its sole discretion, and/or its Integration Partners, and not you, select, source, target, schedule, sequence, price, and deliver all Programmatic Advertising and international Ad Placements shown on or alongside your Stream through the Service. Your only ability to influence Programmatic Advertising is the selection available within your Sidekick account to enroll in, or withdraw from, Programmatic Advertising generally, together with any content-category exclusion we make available under Section 7. Beyond that selection, you have no right to select, approve, reject, curate, or otherwise direct the specific advertisers, ad creative, ad format, targeting criteria, sequencing, or frequency of any individual Programmatic Advertising placement; eFuse retains final control over ad-category, allow/block lists, minimum-fill thresholds, brand-safety exclusions, and technical serving.

6.2 Automated and Cross-Border Delivery

Programmatic Advertising may be selected and delivered through automated, algorithmic bidding and ad-serving systems operated by eFuse, our Integration Partners, or their respective advertising, exchange, and demand-side-platform partners, and may originate from advertisers located anywhere in the world. eFuse may use audience, device, and stream-performance signals (described in the eFuse, Inc. Privacy Policy) to inform ad delivery, subject to applicable law.

6.3 Server-Side Delivery

Where technically available, Programmatic Advertising is inserted on a server-side basis by eFuse and/or the applicable Integration Partner's ad-serving infrastructure, rather than through Creator-installed or Creator-configured advertising software, further ensuring that creative selection and insertion occur outside the Creator's direct control.

6.4 Binary Opt-In/Opt-Out Only

Your only control over Programmatic Advertising is the binary decision to enroll or withdraw, and, where we make them available, coarse content-category exclusions under Section 7. Enrolling constitutes your informed consent to eFuse's and its Integration Partners' control over ad selection and delivery as described in this Section 6.

6.5 Advertising to Viewers, Including Minors

Your Stream's viewers may include individuals under the age of majority in their jurisdiction, even though Sidekick Creator accounts are restricted to adults. eFuse will not knowingly direct behavioral or targeted advertising to a viewer eFuse actually knows to be a child under applicable law (for example, under COPPA in the United States, the UK Age Appropriate Design Code, or Australia's Children's Online Privacy Code), and will apply contextual, non-profiled advertising standards to content or audiences reasonably identified as child-directed. You agree not to represent your Stream as child-directed content within the Service unless it in fact is, and to promptly notify us if you believe your audience skews toward minors.

7. PROHIBITED ADVERTISER CATEGORIES & CONTENT STANDARDS

While Creators do not select individual Programmatic Advertising placements, eFuse maintains category-level exclusions and will use commercially reasonable efforts to honor Creator content-category preferences where technically supported by the relevant Integration Partner. eFuse will not knowingly permit Ad Placements (whether Ad Requests or Programmatic Advertising) in the following categories on the Service: (a) illegal goods or services in the jurisdiction where the ad is served; (b) tobacco, vaping, and related products where prohibited; (c) firearms and ammunition where prohibited; (d) unlicensed gambling or wagering services; (e) adult content or services; (f) deceptive financial products, including unregistered securities and cryptocurrency schemes; and (g) political or issue advertising specifically targeted at individuals eFuse actually knows to be minors. eFuse or its Integration Partners may adopt additional or more restrictive category exclusions applicable in specific jurisdictions to comply with local advertising law.

7.1 Ad Disclosure and Labeling

eFuse is responsible for ensuring that Programmatic Advertising is identifiable as advertising to viewers, including by rendering the applicable "Ad" or "Sponsored" label and supporting any sponsor-required attribution, to the extent required by applicable law, including the U.S. FTC's Endorsement Guides, the UK Advertising Standards Authority's ("ASA") rules on recognizing marketing communications, and equivalent authorities in other jurisdictions. For any Ad Request or Creator-Selected Integration, you are solely responsible for providing all legally required disclosures (for example, "#ad," "Paid partnership with [brand]," or an equivalent verbal disclosure at the outset of the relevant segment), because those placements are presented, arranged, and delivered by you rather than inserted through eFuse's automated ad-serving systems. eFuse may make disclosure tooling available to you (such as a toggle that stamps a "Paid partnership" label) and provide educational materials, but making that tooling available does not shift the disclosure obligation to you. Where Programmatic Advertising is delivered on the platforms of our Integration Partner(s), each Integration Partner separately captures any platform-level ad opt-in or consent required on its platform, which complements — and does not replace — eFuse's obligations under this Section 7.1. You agree to cooperate with, and not disable, obscure, or interfere with, any disclosure mechanism implemented under this Section 7.1.

7.2 Non-Disparagement

You agree not to publicly disparage eFuse's sponsors, advertisers, or other third-party partners in connection with your participation in the Creator Advertising & Revenue-Share Program. A violation of this Section 7.2 is grounds for withholding or reversing payment under Section 8.4, in addition to any other remedy available to eFuse.

8. PAYMENTS; TAXES

8.1 Payment Amounts

For each calendar month, eFuse will determine the Payment Amount attributable to your Stream(s) (from accepted Ad Requests and/or Programmatic Advertising), which will be reflected in the payment or earnings information available in your Sidekick account, subject to the minimum payout threshold in Section 8.2. Payment Amounts may vary by the type of Ad Placement and other factors described in your account. eFuse's determination of Payment Amounts is final absent manifest error, and reasonable supporting detail will be provided upon written request.

8.2 Payment Method; Minimum Threshold; Timing

Payments are processed through Tipalti, Inc. ("Payment Processor"), subject to Tipalti's own terms, identity-verification requirements, and processing fees, which are deducted from amounts otherwise payable to you. eFuse will not release a payment until your accrued, payable balance reaches a minimum threshold of $100.00 USD. Once that threshold is reached and eFuse has confirmed your compliance with these Terms, payment is generally made within sixty (60) days following eFuse's receipt of the corresponding funds from the applicable sponsor, advertiser, or Integration Partner, though this timeline is not guaranteed. You are solely responsible for maintaining accurate and current payout information with the Payment Processor; eFuse is not responsible for payments lost, delayed, or misdirected due to inaccurate payout information you provide.

8.3 Dormant Accounts; Maintenance Fee

An account is "Dormant" if it has (a) generated no earnings from any Ad Request or Programmatic Advertising for six (6) consecutive months, and (b) had no payment request submitted within six (6) months of funds becoming available for payout. eFuse (through the Payment Processor) may assess a maintenance fee of up to $25.00 USD per month against a Dormant account's balance.

8.4 Withholding, Reversal, and Offset

eFuse may withhold, reverse, offset, or deduct from any payment amounts attributable to: (a) invalid traffic, fraud, bot activity, or click/impression manipulation; (b) advertiser or sponsor chargebacks and refunds; (c) your breach of these Terms, including the non-disparagement obligation in Section 7.2; or (d) noncompliance with tax or identity-verification requirements — whether identified before or after payment — and may terminate a Creator's participation in the Creator Advertising & Revenue-Share Program for suspected fraud.

8.5 Taxes

You are solely responsible for determining and paying all taxes, duties, and similar charges (including income, sales, use, value-added, and similar taxes, duties, charges, fees, deductions, and withholdings) assessed on payments you receive, and for providing eFuse and the Payment Processor with any tax documentation reasonably requested (for example, IRS Form W-9 or W-8BEN) to enable compliant reporting and, where required, withholding. eFuse may withhold amounts as required by applicable law and may suspend payment until required tax documentation is provided.

8.6 No Fees to Creators

Sidekick does not charge Creators any subscription or license fee to participate in the Creator Advertising & Revenue-Share Program (apart from the Payment Processor's processing fees and the Dormant-account maintenance fee described above). If eFuse introduces a paid tier or feature in the future, separate terms describing pricing, billing, auto-renewal, and cancellation rights (compliant with applicable auto-renewal laws) will be presented for your acceptance before you are charged.

9. CONFIDENTIALITY

You agree not to disclose the specific terms of any Ad Request, or any other non-public business, financial, pricing, or marketing information you learn from eFuse in connection with the Creator Advertising & Revenue-Share Program ("Confidential Information"), to any third party, except as required by law. This obligation is necessary to protect eFuse's competitive position and its relationships with sponsors and advertisers. Upon termination of your participation in the Creator Advertising & Revenue-Share Program, you agree to destroy or erase any Confidential Information in your possession or control. This Section 9 survives termination of these Terms.

10. CREATOR CONTENT; LICENSE GRANTS; FEEDBACK

10.1 License You Grant to eFuse (Stream Data)

You grant eFuse a non-exclusive, worldwide, royalty-free, sublicensable license to access, analyze, and use data about your Stream (such as metadata, performance metrics, and audience analytics) and to insert, deliver, and report on Ad Placements on or alongside your Stream, solely to provide and improve the Service and the Creator Advertising & Revenue-Share Program. You retain all ownership rights in your underlying Stream content.

10.2 License You Grant to eFuse (Name, Image, and Likeness)

You grant eFuse a non-exclusive, revocable, sublicensable, royalty-free license to use your name, username, image, likeness, and Stream-related content for the purpose of promoting the Creator Advertising & Revenue-Share Program and the Service (for example, in case studies, marketing materials, or social media). You may revoke this license as to future use by written notice to eFuse, without affecting uses that occurred before revocation.

10.3 eFuse Intellectual Property

"eFuse Intellectual Property" means the Service, all software, text, graphics, logos, and the "Sidekick" and "eFuse" names and marks, and all other intellectual property owned or licensed by eFuse, which remains the exclusive property of eFuse or its licensors. "Your Intellectual Property" means intellectual property you own or control independent of these Terms, including your Stream content, subject to the licenses granted in this Section 10.

10.4 Feedback

If you provide suggestions or feedback about the Service, you grant eFuse a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without obligation to you.

10.5 Your Representations

You represent that you have all rights necessary to grant the licenses in this Section 10, and that your Stream and account activity will not infringe any third party's intellectual property, publicity, or privacy rights, or violate applicable law.

11. ACCEPTABLE USE POLICY

You agree not to: (a) use the Service for any unlawful purpose or in violation of these Terms or the eFuse, Inc. Terms of Use; (b) interfere with, disrupt, or attempt to gain unauthorized access to the Service, other users' accounts, or eFuse's or any Integration Partner's systems; (c) use bots, scripts, or automated means to generate artificial impressions, clicks, or views on Ad Placements; (d) reverse-engineer, decompile, or attempt to derive the source code of the Service, except to the extent applicable law prohibits such restriction; (e) misrepresent your identity, affiliation, or audience metrics; (f) circumvent or interfere with any Ad Placement, its delivery, or its disclosure/labeling; (g) fail to provide any sponsorship, endorsement, or advertising disclosure required under Section 7.1 for an Ad Request or Creator-Selected Integration; or (h) use the Service to stream or promote content that is illegal, that infringes third-party rights, or that violates the applicable terms of any Integration Partner.

12. THIRD-PARTY PLATFORMS, SERVICES, AND INTEGRATIONS

The Service integrates with and depends on third-party platforms that eFuse does not own or control, including our Integration Partners, your chosen Identity Provider, and the Payment Processor. Your use of those platforms is governed by their own terms of service and privacy policies. eFuse is not responsible for the availability, content, security practices, or acts or omissions of any Integration Partners or other third-party platform, including any decision by our Integration Partners to modify, suspend, or terminate its own service, its ad server, or your account on that platform.

13. EFUSE INTELLECTUAL PROPERTY RIGHTS

Except for the limited right to access and use the Service as permitted by these Terms, and the licenses expressly granted to you, no rights in the eFuse Intellectual Property are granted to you by implication, estoppel, or otherwise.

14. COPYRIGHT COMPLAINTS

Copyright infringement notices and counter-notices relating to the Service are handled under eFuse's Copyright Policy (part of the eFuse, Inc. Terms of Use), which implements the U.S. Digital Millennium Copyright Act notice-and-takedown and counter-notification process. These Terms do not restate that process; see the eFuse, Inc. Terms of Use for the current procedure, required notice contents, and designated agent.

15. PRIVACY

Our collection, use, and disclosure of personal data in connection with the Service is described in the eFuse, Inc. Privacy Policy, which applies company-wide across all eFuse products (including Sidekick) built on the shared eFuse Account, and is incorporated into these Terms by reference. By using the Service, you acknowledge that you have reviewed the eFuse, Inc. Privacy Policy.

16. TERM, SUSPENSION, AND TERMINATION

16.1 Term

These Terms remain in effect while you participate in the Creator Advertising & Revenue-Share Program or otherwise use the Service.

16.2 Termination or Suspension by eFuse

eFuse may terminate or suspend your participation in the Creator Advertising & Revenue-Share Program and your access to the Service at any time, with or without notice, for any reason or no reason, in its sole discretion, including violation of these Terms, suspected fraud, legal or regulatory risk, or an Integration Partner's revocation of your access on its own platform (for example, if one of our Integration Partners suspends or removes your ability to stream on their platform).

16.3 Termination by You

You may cancel your participation in the Creator Advertising & Revenue-Share Program at any time by providing written notice to eFuse.

16.4 Effect of Termination

Upon termination, your right to participate in the Creator Advertising & Revenue-Share Program ends immediately. eFuse will pay any accrued, undisputed Payment Amounts owed to you as of the termination date in eFuse's next regularly scheduled payment cycle, in accordance with Section 8, less any amounts properly withheld or reversed under Section 8.4 (including where termination results from your breach of these Terms). Sections 2, 6, 7.2, 8-10, 13-14, and 17-28 survive termination.

17. DISCLAIMERS OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THE CREATOR ADVERTISING & REVENUE-SHARE PROGRAM (INCLUDING ANY BETA OR EXPERIMENTAL FEATURES) ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. EFUSE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY PARTICULAR LEVEL OF AD REVENUE WILL BE GENERATED. NOTHING IN THIS SECTION LIMITS ANY WARRANTY OR CONSUMER GUARANTEE THAT CANNOT LAWFULLY BE EXCLUDED, INCLUDING THE NON-EXCLUDABLE CONSUMER GUARANTEES UNDER THE AUSTRALIAN CONSUMER LAW OR STATUTORY RIGHTS UNDER EU, UK, OR OTHER APPLICABLE CONSUMER-PROTECTION LAW.

18. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL THE EFUSE ENTITIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE (INCLUDING LOST AD REVENUE), OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE; AND (B) THE EFUSE ENTITIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT EFUSE PAID TO YOU UNDER THE CREATOR ADVERTISING & REVENUE-SHARE PROGRAM IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED. NOTHING IN THIS SECTION EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING LIABILITY FOR DEATH, PERSONAL INJURY, OR FRAUD CAUSED BY EFUSE'S NEGLIGENCE, OR LIABILITY THAT IS NON-EXCLUDABLE UNDER THE AUSTRALIAN CONSUMER LAW, EU OR UK CONSUMER-PROTECTION LAW, OR OTHER MANDATORY LOCAL LAW.

19. INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless the eFuse Entities from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms or the eFuse User Agreement; (b) your Stream content, Ad Request activity, or account activity; (c) your violation of applicable law or third-party rights; or (d) your failure to provide any legally required sponsorship, endorsement, or advertising disclosure for an Ad Request or a Creator-Selected Integration.

20. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

20.1 Informal Resolution First

Before filing a claim, you and eFuse agree to first contact each other in writing and attempt in good faith to resolve any dispute informally for at least thirty (30) days.

20.2 Agreement to Arbitrate (U.S. and Other Non-Carved-Out Users)

If informal resolution is unsuccessful, then except as set out in Section 20.6 and Section 22, you and eFuse agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court if it qualifies. The arbitration will be conducted in Franklin County, Ohio, in the English language, and this Section is governed by the U.S. Federal Arbitration Act.

20.3 Class Action and Jury Trial Waiver

YOU AND EFUSE EACH WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT ANY DISPUTE WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

20.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms, identifying your name and account and stating that you opt out of arbitration.

20.5 Limitation on Time to File Claims

YOU AND EFUSE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. A CLAIM NOT BROUGHT WITHIN THAT PERIOD IS PERMANENTLY BARRED.

20.6 Jurisdictional Carve-Outs

Sections 20.2 through 20.5 do not apply, and are not intended to require arbitration, a class-action waiver, or a shortened limitations period, to the extent doing so would be unenforceable or contrary to mandatory consumer-protection law in the Creator's country of residence, including but not limited to consumers habitually resident in the European Union, the United Kingdom, Australia, Brazil, and Canada, each of which restricts or prohibits mandatory pre-dispute arbitration, class-action waivers, and/or contractually shortened limitations periods against consumers. For such Creators, disputes will instead be resolved in accordance with Section 22 (International Users; Region-Specific Terms), and nothing in this Section 20 limits a consumer's right to bring a claim before, or seek a remedy from, a competent local court, regulator, or ombudsperson, within the time period mandatory local law allows, where such law so provides.

21. GOVERNING LAW AND VENUE

Except as provided in Section 22 for Creators entitled to mandatory local consumer protections, these Terms are governed by the laws of the State of Ohio, without regard to its conflict-of-laws principles, and the parties consent to the exclusive jurisdiction and venue of the state courts located in Franklin County, Ohio, or the U.S. District Court for the Southern District of Ohio (Columbus / Eastern Division), for any Dispute not subject to arbitration under Section 20. This matches the governing law and venue in the eFuse, Inc. Terms of Use.

22. INTERNATIONAL USERS; REGION-SPECIFIC TERMS

Sidekick is operated from the United States, but because the Creator Advertising & Revenue-Share Program is offered to Creators on our Integration Partners’ platforms worldwide, this Section supplements the Terms for Creators located outside the United States. Where this Section conflicts with another provision of these Terms, this Section controls for the applicable Creator, but only to the minimum extent necessary to comply with mandatory local law.

22.1 European Economic Area and United Kingdom

If you are a consumer habitually resident in the EEA or UK, mandatory provisions of your local consumer-protection law apply notwithstanding Section 21, you retain the statutory rights and remedies available to you under such law, and you may bring proceedings before the courts of your place of habitual residence. The arbitration, class-waiver, and shortened-limitations provisions in Section 20 do not apply to you; see Section 20.6.

22.2 Australia

If you acquire the Service as a "consumer" under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)), you have statutory guarantees that cannot be excluded, restricted, or modified, and nothing in these Terms limits those guarantees or your rights under the Privacy Act 1988 (Cth).

22.3 Brazil

If you are located in Brazil, nothing in these Terms limits your rights under the Lei Geral de Proteção de Dados (LGPD) or the Consumer Defense Code (Código de Defesa do Consumidor), and mandatory venue and consumer-protection provisions of Brazilian law apply notwithstanding Section 21 and Section 20.

22.4 Canada

If you are located in Canada, nothing in these Terms limits rights that cannot be waived under applicable provincial consumer-protection legislation or under the Personal Information Protection and Electronic Documents Act (PIPEDA).

22.5 Other Jurisdictions

If you reside in a jurisdiction not specifically addressed above whose law grants you rights that cannot be waived by contract, those rights are preserved.

23. EXPORT CONTROL AND SANCTIONS COMPLIANCE

You represent that you are not (a) located in a country subject to a comprehensive U.S., EU, UK, or UN embargo; (b) identified on any restricted-party or denied-persons list maintained by OFAC, the U.S. Department of Commerce, the EU, or the UK; or (c) otherwise prohibited from receiving funds or services from a U.S. company under applicable sanctions or export-control law. eFuse may screen Creator payout information against applicable sanctions and denied-party lists and may withhold payment, suspend, or terminate your account if screening indicates a prohibited party.

24. FORCE MAJEURE

Neither party will be liable for any failure or delay in performance (other than payment obligations already accrued) resulting from causes beyond its reasonable control, including acts of God, natural disaster, fire, flood, epidemic or pandemic (including quarantine measures), war, terrorism, riot, civil unrest, governmental action, or failure of third-party infrastructure not operated by the affected party, including an Integration Partner's ad-serving or platform infrastructure.

25. ASSIGNMENT

You may not assign or transfer these Terms, your account, or your participation in the Creator Advertising & Revenue-Share Program without eFuse's prior written consent. eFuse may assign these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

26. NOTICES

Legal notices to eFuse must be sent by United States Postal Service certified or express mail to eFuse, Inc., Legal Department, Attn: Michael L. Benson, 36 S Paint St, Chillicothe, OH 45601. Proof of service can only be evidenced by return receipt signed by an eFuse, Inc. representative as verified by the postal employee. Email is insufficient to send legal notices to eFuse. However, for legal inquiries and legal notice address verification requests may be sent to [email protected].

Legal notices we send to you may be made via the email address or in-Service notification associated with your account, as well as via written notice mailed to you at the address you provide in your account.

27. GENERAL PROVISIONS

27.1 Entire Agreement

These Terms, together with the eFuse User Agreement and any accepted Ad Request, constitute the entire agreement between you and eFuse regarding the Creator Advertising & Revenue-Share Program and supersede all prior agreements regarding the Creator Advertising & Revenue-Share Program.

27.2 Severability

If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions will remain in full force.

27.3 No Waiver

eFuse's failure to enforce any provision is not a waiver of its right to do so later, and waiver of one default is not a waiver of any subsequent default.

27.4 Relationship of the Parties

You and eFuse are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

27.5 Captions

Section headings in these Terms are for convenience only and do not affect their interpretation.

27.6 Modifications to These Terms

eFuse may update these Terms from time to time. Changes are effective upon posting, except that no change to Section 20 (Dispute Resolution) will apply to a Dispute for which eFuse had received actual legal notice before the change was posted. We will provide notice of other material changes through the Service or by email at least 30 days before they take effect, except where an immediate change is required for legal, regulatory, or security reasons. Continued participation in the Creator Advertising & Revenue-Share Program after the effective date of updated Terms constitutes acceptance; if you do not accept updated Terms, you may cancel your participation as described in Section 16.3.

27.7 Order of Precedence

In the event of a conflict between these Terms and the eFuse User Agreement, these Terms control with respect to the Creator Advertising & Revenue-Share Program. In the event of a conflict between these Terms and the terms of a specific Ad Request, these Terms control.

27.8 Survival

Sections that by their nature should survive termination (including Sections 2, 6, 7.2, 8-10, 13-14, and 17-28) will survive.

28. CONTACT INFORMATION

You may contact us by mail sent to eFuse, Inc., Attn: Michael L. Benson, 36 S Paint St, Chillicothe, OH 45601. The following are different topics and email addresses at which you can reach us regarding those topics:

• eFuse Privacy Inquiries / Rights Requests / Opt-Out Requests: [email protected]
• eFuse Support: [email protected]
• Sidekick Support: [email protected]
• Legal Requests: [email protected]