ZELCAR GAMES CREATOR PROGRAM AGREEMENT
Version 1.1 — Effective September 25, 2026
This Creator Program Agreement (the “Agreement”) is a legally binding contract between Zelcar Games LLC, a New Mexico limited liability company with its principal address at 2201 Menaul Blvd NE, STE A, Albuquerque, NM 87107, United States (“Zelcar,” “we,” “us”), and the individual or entity that registers for the Zelcar Games Creator Program (“you” or “Creator”). By checking the acceptance box and clicking “Create my account,” you agree to this Agreement and to the Zelcar Games Privacy Policy. If you do not agree, do not register.
1.1 You represent that you are at least 18 years old (or the age of majority where you live, if higher), have the legal capacity to enter into this Agreement, and, if registering on behalf of an entity, have authority to bind it.
1.2 You must own and control at least one public social media channel (e.g., TikTok, YouTube, Instagram, Twitch) that meets the minimum audience size and content requirements published on the Program website (the “Portal”). We verify eligibility automatically and may request additional proof at any time.
1.3 One person or entity may hold only one Creator account. You may not register if you or your channel have previously been removed from the Program for breach.
1.4 Countries where you cannot participate. You may not join or be paid if you are located in, or are a resident or national of, a country or territory subject to comprehensive U.S. sanctions — currently Cuba, Iran, North Korea, Syria, Russia, Belarus, and the Crimea, Donetsk and Luhansk regions of Ukraine — or if you are listed on any U.S. government restricted-party list (including the OFAC SDN list). We screen every account against these lists at sign-up and before every payout. If U.S. sanctions change, we update this list in the Portal FAQ and it applies from that date. Separately, Creator Codes and player gifts are not available to players in Belgium and the Netherlands (Section 10), and payouts require a payout method available in your country that can receive U.S. dollars (Section 11.3).
1.5 We may accept, reject, suspend, or terminate any registration at our sole discretion, with or without cause, subject to Section 18.
You participate as an independent contractor. Nothing in this Agreement creates an employment, agency, partnership, joint-venture, or franchise relationship. You have no authority to make statements, representations, or commitments on our behalf. You are solely responsible for your own taxes, insurance, equipment, and expenses.
4.1 Subject to this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable, royalty-free license to use the Media Kit and the names and logos of Zelcar and the Games (the “Marks”) solely to create content that promotes the Games and your Creator Code, in accordance with the brand guidelines published in the Portal.
4.2 You will not: modify, distort, or recolor the Marks; use the Marks as part of your own name, handle, or branding; register domains or accounts containing the Marks; use the Media Kit in connection with any other product or service; or use it in any way that suggests you are Zelcar or that your content is official or endorsed by Zelcar beyond your participation in the Program.
4.3 All rights not expressly granted are reserved. The Media Kit and Marks remain the exclusive property of Zelcar. This license ends automatically when this Agreement ends, except that content you lawfully published before termination may remain online.
5.1 You retain ownership of the videos, streams, images, and other content you create that features a Game or your Creator Code (“Creator Content”).
5.2 You grant Zelcar a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, display, distribute, adapt (including trimming, subtitling, and translating), and promote Creator Content, in whole or in part, in any media now known or later developed, including on our websites, social channels, storefront pages, and in paid advertising (including platform “whitelisting” or “Spark Ads”-type products using your handle), for the term of this Agreement and for twelve (12) months after it ends, and perpetually for content already incorporated into materials created during that period. No additional compensation is due for these uses; participation in the Program and the Commission are the sole consideration.
5.3 You represent that Creator Content is your original work or that you hold all rights needed to grant this license, including any music, third-party footage, and appearance releases, and that it does not infringe any third-party right.
6.1 Because you may receive Commission, gifts, or early access, every piece of Creator Content and every post containing a Creator Code or Creator Link is a paid endorsement. You must clearly and conspicuously disclose your material connection to Zelcar in a manner that complies with the U.S. FTC Endorsement Guides and any applicable local rules (including, without limitation, the UK CAP Code and CMA guidance, and EU consumer-protection law), for example by using “#ad,” “#sponsored,” “paid partnership,” or the platform’s built-in disclosure tool, placed where viewers will see it before engaging.
6.2 Your statements about the Games must be truthful, reflect your honest opinion, and must not make claims we have not published (including release dates, prices, rewards, or item probabilities).
You will not create or distribute, in connection with the Program, content that: (a) is unsuitable for a general audience, including sexual content, graphic violence, hate speech, harassment, or illegal activity; (b) is directed primarily to children under 13, or collects personal information from children; (c) promotes cheating, hacking, exploits, account selling, or unauthorized software; (d) states or implies a launch date, price, reward, or feature we have not officially announced, or promises that any in-game item, power-up, or subscription benefit is available to everyone or guaranteed; (e) misrepresents item probabilities published by Zelcar; (f) violates the terms, community guidelines, or advertising policies of the platform where it is posted; (g) infringes any third-party right; or (h) disparages Zelcar, the Games, or their players. We may require you to remove non-compliant content within 24 hours.
You will not, directly or indirectly: (a) use your own Creator Code or Link on accounts you own, control, or benefit from, or on accounts of members of your household (“self-referral”); (b) create, purchase, or use fake, duplicate, bot, or automated accounts, installs, or engagement; (c) pay, reward, or otherwise incentivize anyone to install, register, or purchase, other than the official gifts we provide; (d) buy followers, views, or engagement; (e) bid on or use the Marks or confusingly similar terms as keywords in paid search or app-store advertising; (f) distribute Creator Codes through coupon, discount, or cash-back websites, or mass unsolicited messages; (g) impersonate Zelcar or claim to be an official account; (h) hold or operate more than one Creator account, or transfer your account; (i) recruit, refer, or receive any benefit from other creators (the Program is strictly single-level); (j) interfere with attribution or tracking; or (k) engage in any activity that we reasonably determine to be fraudulent, abusive, or harmful to the Program, the Games, or their players.
9.1 A new Game account becomes a Referred Player when, at its first login, the player (a) enters your Creator Code or any sub-code you created, or (b) installed the Game through your Creator Link and the attribution is recognized by our measurement provider. Attribution is fixed at first login and does not change afterwards.
9.2 Only accounts created after your Creator Code was issued can be attributed to you. Accounts that already exist, accounts on the same device or payment instrument as yours, internal Zelcar accounts, and accounts in countries where Creator Codes are not offered are excluded.
9.3 Attribution is single-level. You earn nothing on players referred by other creators or by your Referred Players.
9.4 Our systems and records are the sole and conclusive basis for attribution, Net Revenue, and Commission. Statistics shown by third-party platforms are not binding on us. We will consider good-faith attribution inquiries submitted through the Portal within 30 days of the relevant Statement, and our determination is final.
10.1 Subject to this Agreement, we will pay you a Commission on Net Revenue generated by each Referred Player during that player’s Attribution Window, at the rate of your Tier:
| Tier | Rate | Requirement (Net Revenue generated by your Referred Players within their Attribution Windows during the trailing six (6) months) |
|---|---|---|
| Partner | 30 % | None (from the first dollar) |
| Elite | 40 % | USD 3,000 or more |
10.2 Tiers are recalculated on the first day of each month. An upgrade applies to all of your Referred Players’ Net Revenue from the first day of that month. A downgrade applies only after three consecutive monthly recalculations below the threshold and is never retroactive.
10.3 Commission is not earned on: Net Revenue outside the Attribution Window; transactions later refunded, reversed, or charged back; transactions we determine to be fraudulent or in breach of Section 8; purchases by excluded accounts under Section 9.2; and any revenue from countries where the Program or Creator Codes are not offered.
10.4 Rates, thresholds, windows, and gifts may be changed for the future in accordance with Section 19. Changes never reduce Commission already accrued.
10.5 Launch Bonus. For each Referred Player whose first login occurs on or before November 30, 2026, the Commission rate on Net Revenue generated by that player during the first thirty (30) days after first login is 50 % regardless of your Tier; thereafter your Tier rate applies for the remainder of the Attribution Window. The Launch Bonus is a promotional rate and does not affect Tier calculations except that the Net Revenue counts normally toward your Tier. The Launch Bonus is subject to a total program budget of USD 20,000 in incremental bonus Commission (the difference between the 50 % rate and your Tier rate) across all creators; when the budget is exhausted we will announce it in the Portal and the Tier rate will apply to Net Revenue generated after that announcement.
10.6 Per-player cap. Total Commission on any single Referred Player, across the entire Attribution Window and including any Launch Bonus, is capped at USD 100. Net Revenue above the cap does not generate Commission but still counts toward your Tier.
11.1 Your Statement in the Portal is updated at least daily and shows, per Referred Player cohort and per Creator Code: attributed players, Net Revenue, your rate, accrued Commission, deductions, held amounts, and paid amounts. For every transaction by a Referred Player (identified only by an anonymous player code) the Statement shows: date, distribution platform and country, product, gross amount paid, platform commission, taxes withheld by the platform, refunds or chargebacks, resulting Net Revenue, the Commission rate applied, and your Commission. Net Revenue is taken directly from the transaction-level financial reports of the distribution platforms; we do not apply any deduction that is not itemized in your Statement. The calculation method, including current platform commission rates, is published at creators.zelcar.games/how-we-calculate.
11.1a Verification. Once per calendar year, a Creator in the Elite Tier may request, at their own expense and on thirty (30) days’ notice, that an independent certified public accountant bound by confidentiality review the records supporting that Creator’s Statements for the preceding twelve (12) months. If the review finds an underpayment greater than five percent (5 %) for the period, we will pay the shortfall and reimburse the reasonable cost of the review.
11.2 At each Cut-off we calculate your Payable Balance: accrued Commission on transactions whose Holding Period has elapsed, less refunds, chargebacks, fraud adjustments, advances (Section 13), and any amounts previously overpaid. If the Payable Balance is at least USD 50, we will initiate payment within five (5) business days after the Cut-off; otherwise it carries forward.
11.3 Payment methods. Payments are made in U.S. dollars to the payout method you register in the Portal. We currently pay by bank transfer through Wise (Wise Payments Limited and its affiliates) and we may offer other methods, such as PayPal or another payment provider we designate, where they are available in your country. We may add, change, or discontinue payment methods for the future by notice in the Portal, in which case you may be asked to update your payout details before the next Cut-off.
11.3a Who pays what. Zelcar pays the fee that our payment provider charges us to send each payment. You pay everything on your side of the payment: any fee your bank or payment provider charges to receive the money, intermediary or correspondent bank charges, currency-conversion costs and exchange-rate spreads if your account is not held in U.S. dollars, withdrawal or cash-out fees, and any taxes or duties applied in your country. The amount that reaches your account may therefore be lower than the Payable Balance shown in your Statement, and that difference is not an underpayment by Zelcar.
11.3b Your payout details. You are responsible for keeping your payout details accurate and complete, including the account holder name exactly as your bank or provider has it. We are not liable for payments sent to the details you provided. A payout returned to us as undeliverable is re-credited to your balance, less any return fee that the provider charges us because the details were wrong, and is paid again at a later Cut-off once you fix your details.
11.4 We will not make any payment until you have completed channel verification, registered a valid payout method, and submitted a valid tax form (Section 12). Balances that remain unpaid for twelve (12) months because you have not completed these requirements or your payment details are invalid, after at least two reminder notices, are forfeited to the extent permitted by law.
11.5 If we discover a calculation error, we may correct it in a subsequent Statement and offset any overpayment against future payments or request repayment. No interest accrues on any balance.
11.6 We may withhold or delay payment while we investigate suspected breach of Section 8 or suspicious activity, and may permanently forfeit Commission attributable to such breach.
12.1 Before your first payment you must submit an IRS Form W-9 (U.S. persons) or Form W-8BEN / W-8BEN-E (non-U.S. persons), and update it whenever your circumstances change. We may report payments to tax authorities (including on Forms 1099 or 1042-S) and withhold amounts where required by law; withheld amounts are treated as paid to you.
12.2 You are solely responsible for all income, self-employment, VAT/GST, and other taxes on Commission in your jurisdiction. Commission is quoted exclusive of any VAT/GST; if you are required to charge such taxes to us, you must tell us before invoicing.
If we and you sign a separate written addendum providing a fixed payment or advance (for example, for committed publication dates), such amounts are a recoupable advance against Commission unless the addendum says otherwise, and are deducted from your Payable Balance before any payment is made.
Non-monetary benefits (early access, in-game recognition, events, badges) and Portal rankings are offered at our discretion and may be modified or withdrawn at any time. Rankings display your handle and the number of Referred Players but never your earnings; you may opt out of public rankings in your Portal settings.
Players who use a Creator Code may receive in-game gifts described in the Portal. Gifts are governed by the Game’s terms of service, may be subject to per-code and per-account limits and expiry dates, are not available in Belgium, the Netherlands, or other jurisdictions we designate, have no cash value, and may be changed or discontinued at any time. You may describe gifts only as we describe them in the Portal.
16.1 We process your personal data as described in the Privacy Policy, including for verification, payment, tax reporting, fraud prevention, and Program communications.
16.2 Statistics about Referred Players are provided in aggregate only. We will never disclose a player’s identity, and you must not attempt to identify individual players. You are responsible for complying with all privacy and data-protection laws applicable to your audience and your channels.
You will keep confidential, and not publish before the date we specify, any non-public information we share with you, including unreleased builds, features, dates, assets, Program metrics, and the terms of any addendum. Confidentiality obligations survive for three (3) years after termination (indefinitely for trade secrets). Public information, information you already lawfully knew, and information you must disclose by law are excluded.
18.1 This Agreement begins when you accept it and continues until terminated. Either party may terminate at any time for any reason by notice (you: through the Portal; we: by email to your registered address).
18.2 On termination: your Creator Codes and Links stop attributing new players; the licenses in Section 4 end; no further Commission accrues after the effective date; and, except in the case of termination for your breach, we will pay any legitimately accrued Commission in the ordinary course after the applicable Holding Periods. If we terminate for breach of Sections 6, 7, or 8, or for fraud, all unpaid Commission is forfeited to the extent permitted by law.
18.3 Sections 3, 5, 9.4, 11.5, 12, 16, 17, 18, 20, 22, and 26 survive termination.
We may modify this Agreement or the Program. For material changes (including rates, thresholds, Attribution Windows, payment terms, or the content license), we will give at least thirty (30) days’ notice by email and in the Portal before the change takes effect; changes apply only prospectively. Your continued participation after the effective date, including by accepting the updated Agreement when prompted at login, constitutes acceptance. If you do not agree, you may terminate under Section 18 and receive accrued Commission. Non-material changes (clarifications, typographical corrections) may take effect on posting.
20.1 THE PROGRAM, PORTAL, MEDIA KIT, AND GAMES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING AS TO EARNINGS, TRAFFIC, UPTIME, OR THE ACCURACY OF THIRD-PARTY TRACKING. ANY EARNINGS EXAMPLES ARE ILLUSTRATIVE ONLY AND NOT A PROMISE.
20.2 TO THE FULLEST EXTENT PERMITTED BY LAW, ZELCAR WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS OR REVENUE, AND OUR TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE COMMISSION PAID TO YOU IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
20.3 You will defend, indemnify, and hold harmless Zelcar and its members, managers, employees, and contractors from any claim, loss, or expense (including reasonable attorneys’ fees) arising out of your Creator Content, your breach of this Agreement (including Sections 6, 7, and 8), your taxes, or your violation of any law or third-party right.
You will comply with all applicable laws and with the terms and policies of every platform you use (including Apple, Google, Valve/Steam, Epic, TikTok, YouTube, Meta, and Twitch), with export-control and sanctions laws, and with anti-bribery laws. You will not offer anything of value to any platform employee or government official on our behalf.
22.1 This Agreement is governed by the laws of the State of New Mexico and applicable U.S. federal law, without regard to conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
22.2 Before starting any formal proceeding, the party raising a dispute will send written notice describing it, and the parties will negotiate in good faith for thirty (30) days.
22.3 Any dispute not resolved by negotiation will be finally resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or Consumer Rules if applicable), conducted in English, with the seat in Albuquerque, New Mexico, and with hearings by videoconference where practicable. Either party may instead bring an individual claim in small-claims court if it qualifies. YOU AND ZELCAR EACH WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. Either party may seek injunctive relief in court to protect intellectual property or confidential information. If you reside in a jurisdiction that does not permit this Section to apply to you, the courts of Bernalillo County, New Mexico will have exclusive jurisdiction to the extent permitted by law.
23.1 This Agreement is written in English. The Portal may show you this Agreement and the Privacy Policy in other languages as courtesy translations, so that you can understand them in your own language. The translations are not a separate contract: the text you accept, and the text that binds both parties, is the English version. In case of any difference or ambiguity between a translation and the English text, the English text controls.
23.2 When you accept this Agreement, the Portal records the English text you accepted (its version and SHA-256 fingerprint) together with the language in which it was displayed to you. You can read the English version at any time at creators.zelcar.games/terms?lang=en.
We may notify you by email to the address in your Portal account or by posting in the Portal. You may notify us at a@zelcar.games or at our principal address above. Notices are effective when sent (email) or posted.
You agree that this Agreement, tax forms, addenda, and all related records may be executed and delivered electronically, and that electronic acceptance, signatures, and records have the same legal effect as handwritten ones under the U.S. E-SIGN Act, the Uniform Electronic Transactions Act as enacted in New Mexico, and any comparable law. You consent to receive all Program communications electronically.
26.1 Entire agreement. This Agreement, the Privacy Policy, and any signed addendum are the entire agreement regarding the Program and supersede all prior discussions. Portal FAQs and brand guidelines are informational and do not modify this Agreement.
26.2 Assignment. You may not assign or transfer this Agreement or your account. We may assign this Agreement to an affiliate or successor.
26.3 Severability; waiver. If any provision is unenforceable, the remainder stays in effect and the provision will be enforced to the maximum extent permitted. Our failure to enforce any provision is not a waiver.
26.4 Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including platform outages, payment-network failures, or acts of government; payment obligations are only suspended, not cancelled.
26.5 No third-party beneficiaries. Except as stated in Section 20.3, this Agreement confers no rights on any third party.
26.6 Headings are for convenience only. “Including” means “including without limitation.”
Acceptance record (generated by the Portal): Creator ID · Agreement version 1.1 · SHA-256 of the English text · language displayed · UTC timestamp · IP address · user agent · Firebase session ID · checkboxes: Agreement / Privacy / 18+ / Disclosure.
v1.1 — September 25, 2026 — payment methods (bank transfer through Wise; PayPal or other providers we designate where available) and who bears which payment costs (Sections 1.4, 11.3–11.4); courtesy translations in 16 languages with English governing (Section 23). Commission rates, windows, and all other terms are unchanged. Creators who accepted v1.0 will be asked to accept v1.1 in “My agreements”.
v1.0 — September 19, 2026 — initial version, reviewed and approved. Clarified September 20, 2026: Section 1.4 now names the sanctioned countries and the PayPal requirement (no change in substance). Material changes are announced 30 days ahead and require re-acceptance in the portal (“My agreements”).