Campaign Agreement

Last updated: May 31, 2026

This Campaign Agreement ("Agreement") is entered into between the Publisher and the Creator when a Creator is accepted to a Campaign on the CastPact platform operated by CastPact LLC, an Idaho limited liability company ("CastPact"). This Agreement supplements, and is governed by, the CastPact Terms of Service, which are incorporated by reference. Capitalized terms not defined here have the meanings given in the Terms of Service.

1. Relationship of the Parties; Role of CastPact

This Agreement is solely between the Publisher and the Creator. CastPact is not a party to this Agreement and acts only as a neutral platform and payment facilitator. For Performance Campaigns, the Publisher is the seller and merchant of record for game-key sales; CastPact provides payment facilitation, collects a platform fee, and does not take possession or control of the sale proceeds.

The Creator is an independent contractor operating an independently established business and is not an employee, agent, partner, or joint venturer of the Publisher or of CastPact. In performing under this Agreement: (a) the Creator provides services that are outside the usual course of the Publisher's business, which is game development and publishing; (b) the Creator maintains an independently established trade, occupation, or business of content creation, including the Creator's own audience, channels, equipment, and other clients; (c) the Creator controls the manner and means of producing the content, subject only to the agreed campaign specifications and content standards in this Agreement; (d) the Creator is free to work for others and to set the Creator's own schedule; and (e) the Creator is solely responsible for the Creator's own taxes, expenses, insurance, and tools. Brief approval, deliverable review, and dispute mediation are marketplace administration and quality control, not supervision of the Creator's work. Neither the Publisher nor CastPact is a joint employer of the Creator, and CastPact does not engage the Creator to perform CastPact's own services, set the Creator's pay or hours, hire or fire the Creator, or supervise the Creator's work.

[ATTORNEY REVIEW REQUIRED -- worker-classification recital. This recital states the parties' intent and the relevant indicia but does not by itself determine worker-classification status. The applicable test (the ABC test, the Borello multi-factor test, the FLSA economic-reality test, or a state-specific business-to-business exemption) and its prong-by-prong satisfaction are fact-specific and vary by state. Counsel must confirm fit before reliance.]

2. Campaign Scope

The Creator agrees to produce the deliverables specified in the campaign brief within the stated timeline. Deliverable types, quantities, and requirements are defined by the Publisher in the campaign listing. Any change to scope must be agreed through the Platform. Consistent with Section 1, the campaign specifications define the result to be delivered; they do not give the Publisher or CastPact control over the day-to-day manner, means, hours, or methods by which the Creator produces the content.

3. Compensation

For Sponsored Campaigns, payment amounts are specified per deliverable in the campaign listing. Creators receive the full listed amount upon deliverable approval. Payment is released per-deliverable, not in batch, and is subject to the Creator Payout Terms, including escrow, minimum thresholds, set-off, and clawback provisions.

For Performance Campaigns, the Creator earns a commission on game-key sales attributed to the Creator. The commission is paid as a per-sale transfer on the Publisher's connected account, not as a CastPact escrow release. A buyer refund or chargeback on a sale reverses the related commission transfer. See the Creator Payout Terms for details. Commission and any Sponsored Campaign payments are paid to the Creator as an independent contractor; the Creator is responsible for the Creator's own taxes on this income, and neither the Publisher nor CastPact withholds employment taxes.

4. Game Keys

Game keys provided to the Creator for a campaign are licensed credentials for campaign content creation only. They are not transferable, are not first-sale-resaleable copies of the game, and remain governed by the publisher's or store's end-user license agreement. Keys must not be resold, given away (except as part of approved campaign activities), or used for purposes unrelated to the campaign. Unauthorized use of keys may result in clawback, suspension, and liability for damages.

5. FTC Disclosure and Advertising Compliance

The Creator must include a clear and conspicuous FTC-compliant disclosure of the Creator's material connection to the Publisher in all campaign content. A disclosure is clear and conspicuous only if it is unavoidable and easy to notice and understand. The disclosure must be made in the same medium as the claim it qualifies (a visual disclosure for visual content and an audible disclosure for audible content), must appear early and not be buried, and must not be hidden in a group of hashtags, behind a "more" or "read more" link, or in a place a viewer is likely to miss. In live content, the disclosure must be repeated periodically so that viewers who join mid-stream still see it. The Creator is responsible for ensuring compliance with all applicable FTC guidelines and advertising regulations and shall indemnify the Publisher and CastPact for the Creator's own failure to do so. The Publisher, as the advertiser and (for Performance Campaigns) the seller of record, bears primary responsibility under Section 5 of the FTC Act for the advertising it sponsors and may not delegate that responsibility away by contract.

The receipt of free game keys, early access, or any other thing of value from the Publisher is itself a material connection that must be disclosed, whether or not a tracking or purchase link is shared.

For Sponsored Campaigns: The Creator must disclose that the content is sponsored or a paid promotion. For video content, the disclosure must be both spoken and superimposed on the video itself; a description-only label, an "includes paid promotion" toggle, or a native platform branded-content toggle is not by itself sufficient. For live streams, the disclosure must be spoken and shown on screen and repeated periodically through the stream. A hashtag such as "#ad" placed only in a title or description is not by itself sufficient for video or live content.

For Performance Campaigns (Affiliate/Commission): The Creator must clearly disclose the affiliate or commission relationship in all content where a tracking or purchase link is shared. Acceptable disclosures include but are not limited to: "I earn a commission on sales through this link," "affiliate link," or "#commissioned." The disclosure must be proximate to the link, visible before a viewer clicks, and presented in the same medium as the content (on-screen and spoken or captioned for video and live content). A native platform branded-content or paid-partnership toggle is not by itself sufficient.

Platform-specific note. The mechanics described above reflect FTC law and CastPact's guidance. Individual platforms (including Twitch, YouTube, and TikTok) impose their own disclosure tools and rules that change frequently and are layered on top of FTC law. The Creator is responsible for following the current rules of each platform on which the Creator publishes, in addition to the FTC requirements above.

No fake or deceptive reviews. The Creator must not create, post, or procure fake, AI-generated-as-if-genuine, review-hijacked, or otherwise deceptive reviews or testimonials, and must not represent an undisclosed material connection as an independent or insider review, on the Platform, on storefront game pages, or in campaign content. The Creator must not offer or accept anything of value in exchange for a review expressing a particular sentiment (positive or negative). The Creator must not misrepresent the Creator's own following, views, or engagement. Civil penalties may apply to fake-review violations.

Failure to include proper FTC disclosure or to comply with this Section may result in: (a) content dispute and mandatory correction; (b) withholding or clawback of payments or commissions earned during the period of non-compliance; (c) formal warning on the Creator's account; and (d) for repeated violations, account suspension.

6. Content Standards

Content must: adhere to the campaign brief; represent the game fairly and accurately; comply with platform-specific terms of service; and not include harmful, illegal, infringing, or defamatory material. The Creator must not use bots, fake engagement, or other artificial means to inflate metrics. Content must also comply with the CastPact Acceptable Use Policy, which is incorporated by reference.

7. Representations and Warranties

Creator represents and warrants that the content is original or properly licensed, does not infringe any third-party intellectual property, trademark, copyright, privacy, or right-of-publicity interest, does not falsely imply the endorsement, sponsorship, or affiliation of any person or brand, and complies with applicable law. Publisher represents and warrants that it holds all rights necessary to provide the game, keys, assets, and campaign materials, including any media the Publisher submits or causes to be rehosted, and that they do not infringe any third-party rights or violate any law. Each party will indemnify and hold harmless the other party and CastPact from claims arising out of a breach of its representations and warranties. No party's indemnification obligation extends to the indemnified party's own gross negligence, willful misconduct, or fraud.

8. Revisions

The Publisher may request reasonable revisions to submitted deliverables. Creators are expected to address revision requests in a timely manner. Repeated failure to meet standards may result in deliverable dispute. Revision requests address the deliverable as a result and do not alter the independent-contractor relationship described in Section 1.

9. Intellectual Property and Name, Image, and Likeness

The Creator retains ownership of all original content. The Publisher receives a non-exclusive, worldwide, perpetual, royalty-free license to use, reproduce, and display the campaign content for promotional purposes related to the campaign and the promoted game. This license survives termination of this Agreement.

The Creator's name, image, likeness, handle, and channel identity ("NIL") may be used by the Publisher and by CastPact only within the scope described in this Agreement and in the marketplace-data and named-attribution provisions of the Terms of Service (Section 19). The Creator's NIL license for CastPact marketplace reports and attribution is governed by, and is no broader than, that Section. Nothing here grants a right to use the Creator's NIL to imply an endorsement the Creator did not make.

10. Limitation of Liability

To the fullest extent permitted by law, neither party will be liable to the other for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement. Except for a party's indemnification obligations, FTC non-compliance, or willful misconduct, each party's aggregate liability to the other under this Agreement is limited to the total compensation payable for the applicable campaign. Nothing in this Agreement limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud, willful misconduct, gross negligence, or non-waivable personal injury. CastPact has no liability under this Agreement, and the limitations and disclaimers in the Terms of Service apply in full.

11. Dispute Resolution

Disputes regarding deliverables and release of escrowed campaign funds may be escalated to CastPact administration for review as a courtesy mediation. CastPact will evaluate the submitted content against the campaign brief and these terms, and its determination regarding release of escrowed funds is final as to those funds. Any dispute between a User and CastPact, and any dispute between the Publisher and the Creator that is not resolved through the courtesy mediation above, is governed by the binding arbitration, delegation, class-action waiver, governing-law (Idaho), and venue provisions of the Terms of Service. To the extent of any conflict between this Agreement and the dispute-resolution provisions of the Terms of Service, the Terms of Service control.

12. Termination

Either party may request cancellation through CastPact. Early termination terms: if the Creator has not started work, no payment is owed; if work is in progress, payment is at CastPact's reasonable discretion based on work completed. Sections 1, 4, 5, 7, 9, 10, and 11 survive termination.

13. Acceptance

By applying to a campaign and taking the affirmative action of checking the agreement checkbox, the Creator accepts these terms; the conspicuous terms and the arbitration callout are presented before the Creator completes the application. The Publisher accepts these terms by creating and publishing the campaign. CastPact records the date, time, version, and identity associated with each acceptance. Each party represents that it has authority to enter into this Agreement.