GitHub Sponsors Additional Terms

Your participation in the GitHub Sponsors Program is subject to the GitHub Terms of Service (the "Agreement"), as well as the following additional terms ("Additional Terms"). Any capitalized terms used but not defined below have the meanings in the Agreement. These Additional Terms for the GitHub Sponsors Program describe the relationship between GitHub and you, the "Sponsored Developer", for the Program. The Additional Terms are effective as of the date you accept them ("Effective Date").

1.Definitions.

"GitHub Policies" means all then-current policies and procedures of GitHub that Sponsored Developer must follow as noted in the Program, including the GitHub Community Guidelines.

"Sponsor" means the User who purchased a Subscription from or paid a Sponsorship to you through your Sponsored Developer Account.

"Sponsored Developer Account" means the account that you establish through the Program to receive payment from Sponsors.

"Sponsored Developer Content" means all content you submit to GitHub in connection with the Program, including User-Generated Content and Your Content; your brand names, trademarks, service marks, trade names, logos, or indicia of origin ("Sponsored Developer Marks"); and data associated with your Sponsored Developer Account.

"Sponsored Developer Payment" means the amount GitHub pays you for your participation in the Program as described in Section 4.

"Sponsorship" means a payment paid to you through the Program and the Service.

"Subscription" means a recurring monthly Sponsorship in exchange for goods, services, or other offers you provide to Sponsors.

"USD" means United States Dollar.

2. Acceptable Use.

You comply with the Acceptable Use section in the Agreement and the GitHub Policies. You also will not under any circumstances allow payments or raise funds involving:

3. Sponsored Developer Obligations.

3.1. General.

You will: (A) create a Sponsored Developer Account; (B) make Sponsored Developer Content available via the Program and Service; and, (C) comply with all GitHub Policies. You will be solely responsible for support, development, and maintenance of your Sponsored Developer Account and Sponsored Developer Content, and any complaints about them.

3.2. Registration.

If you choose to apply for the Program, entry into the Program is contingent upon your completion of the registration process and acceptance into the Program by GitHub. In addition, you may be required to register with the payment service provider(s) selected by GitHub (such as Stripe) in order to access and use certain features of the Program. You must register with your true identity, and you agree to provide and maintain true, accurate, current and complete information about yourself as requested by the Program's registration form. Registration data and certain other information about you are governed by our Privacy Statement, as well as any privacy statement provided by our payment processor. GitHub reserves the right to refuse acceptance into the Program.

3.3. Content Monetization.

Through the Program and Service, GitHub may provide you various options to monetize your Sponsored Developer Content. Some options may require you to update certain settings in your Sponsored Developer Account. In addition, the ways in which the Program supports each monetization option may vary. If you utilize one (or more) of these options by changing the applicable settings, then you agree to the terms that apply to that option. Some monetization options may require you to provide additional information to GitHub or its service providers, or to accept additional GitHub terms or third-party terms.

4. Financial Terms.

4.1. Payment.

GitHub will pay you the Sponsored Developer Payment in accordance with this Section 4, so long as you meet the Sponsored Developer Obligations in Section 4 and are not in violation of these Additional Terms. If you fail to meet these obligations for any given month, we may at our sole discretion withhold the Sponsored Developer Payment for that month. If you fail to meet or maintain the Sponsored Developer Obligations for two (2) or more months during the Term (consecutively or non-consecutively), then GitHub may terminate these Additional Terms as provided in Section 6.

4.2. Sponsored Developer Payment Calculation.

The Sponsored Developer Payment for a given month during your participation in the Program equals the sum of the Subscription proceeds, plus other proceeds from monetization options that the Sponsored Developer elects to use, as applicable, subject to the calculation methods below.

4.3. Sponsored Developer Payment Exclusions.

The following amounts are not included in Sponsored Developer Payments, or may be withheld by GitHub, as applicable.

4.4. Payment Timing.

During the term, GitHub will remit to you all Sponsored Developer Payments received, upon reaching a minimum value of $100 USD, in a given month within 30 days after the close of that month. Post termination, we will remit to you all Sponsored Developer Payments received and unpaid within approximately 90 days after the end of the calendar month in which we recognize that these Additional Terms have been terminated. We are not responsible for delay or misapplication of any Sponsored Developer Payment because of incorrect or incomplete information supplied by you or a bank, or for failure of a bank to credit your account.

4.5. Payment Method.

We will remit Sponsored Developer Payments by ACH/SEPA or wire to an account that you specify subject to the thresholds, methods and timeframes provided in our then-current payment policies, which we may update from time to time. The payment method and threshold may vary depending on the country and account information you provide. We may, at our sole discretion, combine the Sponsored Developer Payment with any other payments that may be owed to you.

4.6. Currency.

All references to currency are to USD. If you are outside of the United States, we may convert USD to the local currency of your address for payment, using our then-current conversion rates.

4.7. Refund Requirements.

You will be responsible for specifying the terms and conditions regarding any refunds, if any, to your Sponsors. In no event shall GitHub be responsible for providing any support for refunds, nor shall GitHub be liable for payment of any refund.

4.8. Requested Payment Information.

To pay you, you must provide us with complete and accurate financial, tax, and banking information that we request (for example, by means of account creation or setup, or otherwise). We will notify you, by any means of communication, of changes to what information is required. If you fail to accurately provide (or accurately maintain) such information, (a) we can deduct from your Sponsored Developer Payment any related bank fees, and (b) we can terminate these Additional Terms and you may forfeit any amounts owed to you by GitHub.

5.Representations and Warranties; Limitation of Liability; Indemnification.

5.1. By Sponsored Developer.

Sponsored Developer represents and warrants that:

5.2. Disclaimer of Warranties; Limitation of Liability; Indemnification.

YOU EXPLICITLY AGREE THAT SECTIONS O (DISCLAIMER OF WARRANTIES), P (LIMITATION OF LIABILITY), AND Q (RELEASE AND INDEMNIFICATION) OF THE AGREEMENT APPLY TO THESE ADDITIONAL TERMS.

6. Term and Termination.

6.1. Term.

These Additional Terms commence on the Effective Date and remain in effect as long as you participate in the Program.

6.2. Suspension.

GitHub may suspend your Sponsored Developer Account immediately if you violate these Additional Terms or the Agreement in any way, or if you are placed on a restricted trade list or located in or ordinarily resident in a country or territory subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control (OFAC). Failure to correct or cure the cause for suspension may result in the termination of your Sponsored Developer Account.

6.3. Termination.

Either party may terminate these Additional Terms at any time with or without cause, with or without notice. If you breach these Additional Terms or the Agreement, we may, but are not obligated to, offer you a period of time to cure the breach.

6.4. Effect of Termination.

If either Party terminates under Section 6.3, GitHub’s sole obligation will be to pay Sponsored Developer the amount of the Sponsored Developer Payment accrued up until the date of termination, unless such payments are prohibited by law.

7. Miscellaneous.

7.1. Entire Agreement.

These Additional Terms, together with the Agreement, the GitHub Policies, the GitHub Privacy Statement, and any additional terms for different monetization options represent the entire agreement between you and GitHub.

7.2. Changes to the Terms.

We reserve the right, at our sole discretion, to amend these Additional Terms at any time We will notify you of material changes to these Additional Terms, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. Your continued participation in the Program constitutes agreement to our revisions of these Additional Terms. You can view all changes to these Terms in our Site Policy repository.

7.3. Third Party Beneficiaries.

Except as expressly stated, no person, firm, group or corporation other than the parties will be deemed to have acquired any rights by reason of anything contained in these Additional Terms.

7.4. Independent Contractors.

The parties are independent contractors. Neither party is an employer, employee, agent, partner or legal representative of the other for any purpose and neither has any right, power or authority to create any obligation or responsibility on the behalf of the other.

7.5. Publicity.

We can issue a press release or other public communication related to your participation in the Program.

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