Sponsorship portal - make TOS public, license content back to creators, end agreement
Please add the "Sponsorship Portal Terms of Service" to the Twitch Legal page so that it is publicly and readily accessible. Currently you can only get to it through the Monetization area of the dashboard. https://legal.twitch.com/legal it should be here also.
Please add the ability to Withdraw from the Sponsorship Portal Terms of Service agreement.
Please add a general FAQ about the Sponsorship Portal to the Twitch Help website.
Please modify the terms of the agreement in Section 7 "7. General Rules for All Campaigns" to provide creators with rights to use their content themselves. This is in everyones interest, as currently the terms prevent streamers from promoting the sponsored stream after the fact on any platforms; saving VODs or clips; or using any content such as music, art of any kind, funny chat moments, dialogue, or any component of the stream.
The terms should be closer to StreamElements sponsorship TOS. Heres both terms Ownership clauses:
TWITCHS TERMS
(as of April 3 2025 Available in the Monetization section of the dashboard, then click Sponsorships, then scroll to the bottom and click Sponsorship Portal Terms of Service)
(ix) Channel Owner’s services for the Campaign and Advertising Content created for the Campaign are a work-for-hire specially ordered and commissioned by Twitch, and Twitch owns and controls all right, title, and interest in and to the results and proceeds of such Services and Advertising Content in all media, throughout the world, in perpetuity. The Campaign Fee paid to Channel Owner is the complete consideration due to Channel Owner arising from a Campaign for the applicable services and resulting work for hire. Channel Owner hereby waives any moral rights and waives all claims in connection with their participation in any Campaign, and holds Twitch harmless, for any residuals, reuse, public performance, union, guild, equitable remuneration, or other fees arising from Channel Owner’s services for the Campaign and Advertising Content pursuant to these Portal Terms and/or any Campaign Offer.
STREAMELEMENTS TERMS
(As of April 3 2025, available on their website https://storage.googleapis.com/cdn.streamelements.com/sponsorships/SE_Sponsorships_Terms_2024-02.pdf )
4. Ownership.
Unless otherwise stated in the Sponsorship, Creator owns all right, title, and interest in and to any Deliverables and the results and proceeds of Creator’s services in connection with any Sponsorship, except any Advertiser Marks incorporated therein. “Advertiser Marks” means all trade names, trademarks, service marks, and other intellectual property including, without limitation, Advertiser logos, identifying features, items, slogans, and any and all other intellectual property related to Advertiser and its products and/or services. Advertiser shall retain all right, title, and interest in and to the Advertiser Marks, and the use of the Advertiser Marks by Creator shall inure to the benefit of Advertiser. Advertiser grants Creator the limited and revocable right and license to you to use the Advertiser Marks provided and/or approved by Advertiser solely for use in the Deliverables as set forth herein. All rights in and to the Advertiser Marks are reserved by Advertiser.
Please adjust the terms to be in line with what streamers would expect - which is that they can promote their streams and use their own generated content for whatever purpose they would see fit, even if its a sponsored stream. If there are restrictions, instead please state those, rather than simply having Twitch claim entire and irrevocable and exclusive ownership, and thereby and preventing use of the content by the streamer. Thanks.
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TuuliKauri
commented
In addition:
REGARDING TERMINATION
The current Termination provision is as follows and states the only way to withdraw the Acceptance of the Sponsorship Portal Terms of Service is to terminate your Twitch account. I doubt this is intended, please adjust to allow a support ticket to be used to withdraw from the Sponsorship Portal.(As of April 5th 2025)
3. Term and Termination
Twitch reserves the right, without notice and in our sole discretion, to (a) terminate your right to use the Service and (b) to block or prevent your future access to, and use of, the Service. Your only remedy with respect to any dissatisfaction with (i) the Service, (ii) any term of these Portal Terms, (iii) any policy or practice of Twitch in operating the Service, or (iv) any content or information transmitted through the Service, is to terminate your account and to discontinue use of any and all parts of the Service.REGARDING OWNERSHIP
A substantial amount of streaming content is not exclusively owned by the streamer - for example, copyright-free Music used with credit, or game footage while playing, or royalty-free art assets. These materials may have their own limitations on use that are in conflict with this provision. Assets may only be licenced for use on a live stream and with appropriate credit attached, for example. If the streamer needs to provide this ownership transfer described in the Sponsorship Portal Terms to Twitch, how would that work with stream assets? What if the materials used don't allow this? This doesn't seem to be as-intended."Twitch owns and controls all right, title, and interest in and to the results and proceeds of such Services and Advertising Content in all media, throughout the world, in perpetuity."
Twitch doesnt actually own it if non-exclusive assets are used; and streamers are not in a position to provide this to Twitch for assets they dont own. Another reason that the Work For Hire and ownership clause is confusing in a streaming context. Please adjust or remove clause (ix).
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makr_plays
commented
Strong support. There seems lots of potential in the Twitch + SE partnership for sponsorships, with creator profiles too, but not being able to use my own content after a sponsorship is a major dealbreaker.