Introduction; Platform Rules
1.1. These Terms for Sellers (the "Seller Terms") are additional terms which apply if you use the Platform as a seller (also referred to herein as "you", including the variants "your" and "yours"). These Seller Terms form part of the binding contract between you and us as set out in our Terms of Use (the "TOS") and govern your rights and responsibilities as a seller in connection with the Platform.
1.2. You acknowledge that by agreeing to these Seller Terms, and by using the Platform, certain other terms and policies will also apply to you and form part of your agreement with us as a seller, including:
- the Terms of Use;
- the Terms for Buyers;
- the Acceptable Use Policy;
- the Payment Terms;
- the Refunds and Disputes Policy;
- the Co-Creator Agreement;
- the E-Sign Consent;
- Content Moderation, Reporting and Removal — which sets out the procedure for making a complaint about Content or other aspects of the Platform, and how we will deal with such complaints;
- the 18 U.S.C. §2257 Compliance Notice; and
- the DMCA Notice.
1.3. You also understand and acknowledge that your personal information will be collected, used, shared, and otherwise processed in accordance with our Privacy Notice, which applies to all users.
1.4. In the event of any conflict between these Seller Terms, the Terms of Use and the Terms for Buyers, these Seller Terms shall prevail.
1.5. The Terms of Use contain a binding individual arbitration agreement and a class action and jury trial waiver in Section 18, which apply to sellers in the United States and Canada. If you access the Platform from outside the United States and Canada, Part 2 of the Terms of Use applies to disputes instead. Please read them carefully.
Definitions
In these Seller Terms, defined terms have the same meanings given to them in the Terms of Use, unless otherwise indicated. In addition, when used in these Seller Terms, the following terms shall have the following meaning:
2.1. "Adjusted Net Receipts" shall mean, with respect to each Buyer Payment earned by a seller, that Buyer Payment less: (i) any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to such seller by us to settle a claim involving the allegation of credit card or other abuse or fraud), uncollectible revenue attributable to a seller, or third-party transaction fees, the remainder of which will be split between LinkPay and the seller in accordance with the terms set forth herein and in our Payment Terms; and (ii) any refunds made in accordance with the Refunds and Disputes Policy;
2.2. "Adult Content" shall refer to any Content that is pornographic or intended to cause sexual arousal, including, but not limited to, Content that depicts a person, cartoon/anime character, or animal with human-like features in a state of full or partial nudity, engaging in sexual intercourse or other sexual acts, or simulating sexual intercourse or other sexual acts;
2.3. "Custom Request" shall refer to Content that does not yet exist at the time of purchase, which a buyer commissions from a seller on the terms stated on the payment link and which the seller delivers through the Platform;
2.4. "Video Call" shall refer to a live, timed, one-off one-to-one session between a seller and a buyer, which a buyer must individually purchase in order to book at a specific time;
2.5. "Locked Content" shall refer to particular Content Published to the Platform which a buyer must individually purchase in order to view;
2.6. "Buyer Account" shall have the meaning given to it in the Terms for Buyers;
2.7. "Buyer Payment" shall mean the total amount of money charged to a buyer in respect of Premium Activities (including any tips paid by a buyer to a seller), charged in US Dollars, for accessing Locked Content, booking a Video Call, and/or commissioning a Custom Request, exclusive of all Withheld Taxes;
2.8. "Non-Adult Content" shall refer to all Content that is not otherwise classified as Adult Content;
2.9. "Platform Fee" refers to the total amount payable to LinkPay to cover the costs of providing, maintaining and operating the Platform, which shall be equal to thirty percent (30%) of the Adjusted Net Receipts, exclusive of any Withheld Taxes, unless a different rate has been agreed with you as described in the Payment Terms;
2.10. "Premium Activities" means Locked Content, Video Calls and Custom Requests;
2.11. "Publish", and its variants "Publication", "Publishing" or "Published", refers to the publication, distribution, offering, and sharing of Content. As used herein, "Published Content" refers to Content that has cleared our content moderation process as set out in Content Moderation, Reporting and Removal and is available for users to view, purchase, and interact with on the Platform;
2.12. "Seller Earnings" refers to the total amount payable to each seller from each Buyer Payment, which shall be equal to seventy percent (70%) of the Adjusted Net Receipts, exclusive of any Withheld Taxes, unless a different Platform Fee has been agreed with you as described in the Payment Terms;
2.13. "Supported Country" shall mean a country listed in Where LinkPay is available;
2.14. "Tax" or "Taxes" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the United States, Canada or any other jurisdiction (including, without limitation, Value Added Tax and Goods and Services Tax); and
2.15. "Withheld Taxes" means any Taxes withheld and remitted directly to the concerned Tax authorities by LinkPay in accordance with Section 7.5.
General Terms for Sellers
You acknowledge, are aware, agree and understand that you have the following rights and responsibilities with respect to us, other users, the Platform, and the Content Published by you:
3.1. The Platform gives you the ability to Upload, Publish, license, and sell your Content, including Locked Content, Video Calls and Custom Requests. All Content accessible or sold through the Platform is to be accessible or sold to users for private use only. You will not sell, rent, transfer or share any Content Uploaded or obtained by you through the Platform, to or with anyone else.
3.2. You will only Publish Content that is original and that you own or are duly authorized to Publish, license, and sell. LinkPay does not permit or tolerate any Content, including all search terms used by users to locate such Content, that contains child exploitation materials or the depiction of nonconsensual activity. All Content Published by you must be compliant with our Acceptable Use Policy, including, but not limited to, the guidelines with respect to identifying Adult Content versus Non-Adult Content. We reserve the undisputed right to remove any non-compliant Content Published by you, and to terminate your account at any time, without prior notice to you, in accordance with the Terms of Use.
3.2.1. If we remove Content or restrict a seller account and you appeal, the appeal is decided under the Content Moderation, Reporting and Removal policy. If we still disagree after that internal appeal, the disagreement will be resolved by a neutral independent review body, at LinkPay’s expense.
3.3. Card networks impose standards on every business that accepts their cards (the "Card Brand Standards"). Posting of Content that contains illegal activities or violates the Card Brand Standards is expressly prohibited. You will not Publish any Content which violates applicable law or the Card Brand Standards. LinkPay bills under a shared merchant account, so a breach by one seller is a problem for every seller on the Platform. Where the Card Brand Standards and our Acceptable Use Policy differ, the stricter applies. In addition: (i) you must not arrange payment outside LinkPay for anything delivered through it — that circumvents the fees these Seller Terms are premised on and removes the buyer protections we provide; (ii) you must not process a payment for anyone else, or use your account to move money that is not yours; and (iii) we may be required by a payment provider or card network to remove Content, restrict an account, or stop paying out, and where that happens we will act on it.
3.4. A seller will be considered solely an independent contractor and in no way should a seller be considered an employee, agent, or partner of LinkPay. Nothing in these Seller Terms shall be construed as creating any agency, employment relationship, joint or collaborative venture, or partnership of any kind between a seller and LinkPay, its employees, agents, or assigns.
3.5. In addition to those other prohibitions set forth in the Terms of Use, you agree to not: (i) try to inhibit the sales or activity of another seller using the Platform; or (ii) flag or report Content that has been Published by other sellers solely for the purpose of removing the Content Published by a seller that competes with you. Reporting in bad faith is itself a breach of these Seller Terms.
Your Account as a Seller
4.1. Registering your seller account.
4.1.1. All users who wish to access the Platform as a seller and to Upload, Publish, license and sell Content must first create a seller account. To apply for a seller account, you will have to:
- be at least 18 years old, and older where the law where you live requires it;
- be a resident of a Supported Country. The country on the identity document you verify with is the one that decides it. The list can change, and we will tell you if a change affects you. Buyers are not restricted this way — anyone may buy from you;
- create an account on the seller dashboard;
- become verified as a seller in accordance with Section 4.1.2;
- review and accept these Seller Terms; and
- provide certain banking and Tax information to facilitate the receipt of your Seller Earnings.
4.1.2. Verification. Every seller is identity-verified, to one standard, with a biometric check. There are no tiers and no partial access: you are verified and you can sell, or you are not and you cannot. Verification is carried out for us by Persona, a specialist third-party identity provider. You will be asked to:
- provide a valid government-issued identification document, from which your name, date of birth and issuing country are extracted and checked for authenticity; and
- scan your face with your device camera, which is checked to confirm a live person is present rather than a photograph, recording or mask, and then compared against the photograph on the document you provided.
We also review public sex offender registries. Where a public sex offender registry or similar database exists in the country you verify from, we review it to confirm that you are not currently listed on it and have not previously been listed. Where no such register exists, or where it is not public, the check does not apply. Being listed is a ground for us to decline or revoke seller access.
Verification gates what you can do, not merely what you can be paid. Until you are verified you cannot upload to your vault and your payment links cannot be Published or sold. This is deliberate: everything offered for sale on LinkPay comes from an identified adult, and that is the single control the rest of this document rests on.
You get a limited number of attempts. If you exhaust them, or if verification fails, contact support@linkpay.co — do not create a second account, which is itself a breach of these Seller Terms. We may re-verify you at any time, and may suspend selling until you complete it.
Your identity documents and the images captured during verification are held by Persona, not in your LinkPay profile. They are never shown to buyers or to any other user. The one exception is that a trained LinkPay reviewer may be shown your verification selfie, and only your selfie, to confirm that the person appearing in Content sold through an account is the person who verified it. The biometric check and that exception are both described in full in our Privacy Notice.
4.1.3. You can earn before your tax document and payout account are in place, but you cannot be paid. Accruing a balance is not blocked by a missing form; disbursement is. Identity verification is different — it blocks selling itself, not just payment.
4.2. All requests to create a seller account are subject to approval by us in our sole discretion, and we may decline or revoke seller access at our discretion, including where we cannot verify who you are.
4.2.1. In connection with and/or immediately following the approval of your seller account, we request that you: (i) add your payout account details to your account; (ii) provide us with an IRS Form W-9 (if you are resident in the U.S.), or IRS Form W-8BEN or W-8BEN-E (if you are not resident in the U.S.), as applicable; and (iii) validate your email address.
4.2.2. You acknowledge that we highly recommend, although we will not require, that you enable two-factor authentication on your account, through which one-time codes securely authenticate your identity when you log in to your seller account. You can enable it from your account security settings.
4.3. Limitations.
4.3.1. Every seller is the owner of their own seller account and must have access to their seller account at all times. If you have someone who assists you with the operation of your seller account (or operates it on your behalf), this does not affect your personal legal responsibility. Our relationship is with you, and you will be legally responsible for ensuring that all Published Content and all use of your seller account complies with the Platform Rules.
4.3.2. Sellers who use corporate entities. If you set up a corporate entity to receive your Seller Earnings, you must provide evidence to us on request that you are the person who owns and/or controls that corporate entity. We will only pay your Seller Earnings into an account not held in your name where the account is held in the name of the corporate entity and you are the person who owns and/or controls that corporate entity. You agree that if you use a corporate entity to receive Seller Earnings you will comply with all laws (including Tax laws) which are applicable to corporate entities in the place where the corporate entity is established.
4.4. Content Published on your seller account.
4.4.1. You are solely responsible for all Content Published to the Platform via your seller account, including any personalization made to your profile, and you acknowledge that we have no direct control over what your or any other seller's Content may contain. You must evaluate, and bear all risks associated with, your use of the Platform and your Content. You will not Publish or Upload Content that could be deemed illegal, involves or shows minors, or is in violation of our Acceptable Use Policy. Further, you agree not to Publish Content that violates any third party's intellectual property right or that violates another individual's privacy. This includes, but is not limited to, copyrighted background music and/or video content appearing in Published Content — any and all music or videos used in Content must either be royalty-free or you must ensure that proper applicable royalties have been paid. A track playing in the background of a clip is a use of it. If we receive a valid infringement notice about your Content we will act on it under the DMCA Notice, and repeat infringement will cost you your account.
4.4.2. You must have obtained the express consent of anyone pictured or depicted in the Content you Publish, including any AI-generated Content, pursuant to a Co-Creator Agreement. Such consent must contain (i) consent to be depicted, (ii) consent for public distribution and uploading to the Platform, and (iii) consent for download by users where downloading is offered. Further, you must verify the identity and age of all individuals depicted in your Content, including AI-generated Content, by obtaining the appropriate supporting documentation showing consent and verification. You hereby expressly represent and warrant that you have obtained such consent and that you are responsible for retaining and providing supporting documentation for every person in every piece of Published Content, whether or not the Content is classified as Adult Content or Non-Adult Content. Additionally, if consent cannot be established, or if the person depicted in the Content can provide evidence that the consent is void under applicable law, we will promptly remove such Content as requested.
4.4.3. You understand and agree that your profile — your handle, name, bio, avatar, banner and gallery — is public and indexed by third-party, publicly available search engines. A payment link page is not indexed, but anyone holding the link can open it and see whatever you marked as a preview. Should you wish to have some or all of your profile removed from publicly available search engines or Internet archives, it is your sole responsibility to do so and to file such removal requests with the concerned search engine operator(s). You can make your profile non-public at any time. Adult Content is always locked: previews, avatars, banners and profile galleries must be safe for work. This is enforced, not advisory — Content classified as Adult Content cannot be attached as a preview, used as an avatar or banner, or shown in a public gallery, and attempting to route Adult Content onto a public surface is a breach of these Seller Terms.
4.4.4. To the extent that your Published Content contains personal information of another person, you must ensure that: (i) you are lawfully (without being in breach of applicable privacy laws) able to disclose, provide or make available your Published Content to us in connection with these Seller Terms, including by having disclosed to that person that their information is being provided to us; and (ii) we are lawfully (without being in breach of applicable privacy laws) able to use, store, handle and process your Published Content in accordance with these Seller Terms and our Privacy Notice and for the purposes of providing our services to you and others.
4.4.5. In the event that you have shared your seller account information with another person or permitted another person to access the Platform via your previously authorized device (such person, an "Unauthorized User"), you hereby specifically waive any claims and/or damages arising out of any agreement with an Unauthorized User and hereby undertake to defend, hold harmless, and indemnify LinkPay against any claims and/or damages arising out of such shared access, including, but not limited to, claims involving the payment, disbursement or collection of fees earned by you or the Unauthorized User. Without limiting the foregoing, at all times, you agree to hold LinkPay harmless with respect to any activity made through your seller account. You acknowledge that, should you authorize or direct LinkPay to pay any sums due to a third party, you will have no recourse against LinkPay with respect to any such amount once paid to the designated payee. It shall be your sole responsibility to inform LinkPay in writing of any termination of any such separate agreement.
4.4.6. In an ongoing effort to protect minors and prevent the Publication and/or Upload of illegal Content, LinkPay retains the right to regularly scan any and all Published Content and Uploaded Content for the presence of minors and indication of prostitution or other selling of sex (whether or not involving minors). All uploads are screened automatically before they can be delivered, and may be reviewed by a person — see Content Moderation, Reporting and Removal. Any Content deemed to include minors and/or involve, promote or suggest prostitution or other selling of sex will be removed immediately and reported to the appropriate authorities, and the seller will be banned from using the Platform.
4.5. Seller Information. You agree to promptly provide us with all information necessary for us to support your use of the Platform as well as any other information as may be requested by us from time to time ("Seller Information"). You are responsible for the Seller Information that you provide to the Platform and for the consequences and liability related to or connected with your Seller Information as well as your use and/or Publication of any Content. LinkPay does not claim ownership rights to your Seller Information. You shall retain all rights to, and ownership of, your Seller Information, but by providing Seller Information, you hereby grant LinkPay a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, edit, adapt, publish, translate, incorporate, display, perform, and prepare derivative and collective works utilizing the Seller Information for purposes of supporting and maintaining the Platform for you and other users. Additionally, you grant to LinkPay a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, adapt, perform, compile, display, incorporate, modify, and create derivative and collective works utilizing Seller Information in a de-identified format for the improvement of the Platform and LinkPay's other products and services (as may exist now or in the future) and for such other lawful purposes as we see fit. LinkPay will not be liable for your Seller Information. You hereby represent and warrant that you have (i) the right to upload and transmit your Seller Information, and (ii) all necessary rights and authority with respect to your Seller Information to grant to LinkPay the foregoing and to allow us to use your Seller Information as contemplated hereunder without violation of any law, rule or regulation or any rights of any third party.
4.6. License to your Content. Subject to Section 4.7, by using the Platform, you retain control and legitimate ownership rights in your Content, and users are granted nothing more than the right to view, license, or buy your Content. You agree and understand that LinkPay may make use of your Content (alone or in combination with other works) for promotional or commercial purposes only and to render the services pursuant to these Seller Terms. The license you grant us is set out in Section 8 of the Terms of Use; read it, because it is broad, and it covers your name, voice and likeness as they appear in what you upload. You hereby waive any "moral rights" or similar rights in and to the Content in favor of LinkPay and its permitted transferees and sublicensees and agree that any other person(s) with such rights in and to the Content waive(s) them in favor of LinkPay and its permitted transferees and sublicensees. You hereby represent that you have the right to grant the license and waivers stated above.
4.7. Video Call recordings. LinkPay records Video Calls conducted on the Platform, and any recordings of Video Calls ("Recordings") that LinkPay creates will belong to us. To the extent that you own any right, title or interest in or to a Recording, including without limitation any copyrights therein (other than any copyrights, rights of publicity, or rights of privacy subsisting in your own image, name or likeness), you hereby irrevocably assign all such right, title, and interest in and to the Recording to LinkPay. LinkPay shall not use, reproduce, distribute, modify, edit, adapt, publish, translate, incorporate, display, perform, or prepare derivative or collective works using such Recordings other than: (i) to monitor compliance with these Seller Terms and any user's compliance with the Terms of Use and the Terms for Buyers; (ii) to resolve disputes between sellers and buyers; or (iii) where required to comply with applicable law. A Recording is not Content and is never sold.
4.8. Prohibited Content. You must not Publish, upload, or create any Content that depicts, suggests, or involves:
- under-aged individuals (anyone appearing to be under 18 years of age);
- non-consensual activity of any kind;
- incest or incestuous themes;
- rape or sexual assault;
- bestiality; or
- intoxication (real, simulated, or implied) in a sexual or exploitative context.
This prohibition applies to all forms of Content, including but not limited to photographs, videos, and AI-generated or AI-manipulated media (including deepfakes). You are required to obtain and retain verifiable consent and age verification for all individuals depicted, and must ensure no Content violates these rules. Any violation will result in immediate removal of the Content, suspension or permanent termination of your account, and may lead to reporting to law enforcement authorities, in accordance with Content Moderation, Reporting and Removal, the Acceptable Use Policy, and applicable law (including 18 U.S.C. §2257).
4.9. Deleting or closing your seller account. You may close your seller account at any time. If you do, your payment links stop accepting purchases and your Content will be removed from public view, except as provided below.
4.9.1. If you close your seller account, or if you remove Locked Content from your seller account, such Locked Content will immediately be removed and/or hidden from public view and will no longer appear on the Platform for further sale or license; however, the deleted Locked Content will remain in the account of the buyer who has purchased that Locked Content, for as long as their purchase entitled them to it. Timed access still expires on its own clock. This is the one thing closing an account does not undo — they paid, and the deal was that they would have access.
4.9.2. On closing your account we will remit the balance you are owed as set out in Section 7.10.
4.10. Issuing notices. By Publishing Content to the Platform, you agree to authorize LinkPay to issue notices of claimed infringement to third parties on your behalf for any and all instances of copyright infringement regarding your right to your Content. LinkPay may exercise the authority granted by you in this Section at its own option where LinkPay discovers instances of infringement in the copyright of your Content, but LinkPay is not obligated to do so and may not be compelled to act on your behalf by you or any other party. Neither LinkPay nor any of its agents accepts any liability that may arise from exercising the rights granted in this Section and you agree to hold LinkPay and its agents harmless from all claims arising out of or related to LinkPay's exercise of such authority.
4.11. Litigation agency. Notwithstanding anything to the contrary contained herein, you assign LinkPay agency rights so as to be able to pursue third parties in the U.S. infringing on your copyright on your behalf, at LinkPay's discretion. This agency may not be limited to Content definitively stolen from the Platform.
4.12. Territorial use. You acknowledge that the Platform is controlled in and originates from the United States and that only persons located in the Supported Countries are currently permitted to access the Platform as sellers. You agree that you will not apply for a seller account, Publish Content to the Platform as a seller, or monetize any Published Content if you are not located in a Supported Country.
Maintenance of Records
5.1. Identity and information requirements. You agree that, prior to Publishing any Adult Content to the Platform, and at any time at our reasonable request, you must provide us with any information required to comply with obligations under 18 U.S.C. §2257 (the "2257 Regulations"), including: (i) a Valid Identification Document that shows your name and date of birth; and (ii) a list of any names, other than your present and correct name, ever used by you, including maiden name, alias, nickname, stage or professional name (together, the "2257 Regulations Information"). If any other individual is featured in the Adult Content that you Publish to the Platform, you are responsible for tagging all such other individuals and obtaining and providing to us, prior to uploading the Adult Content and at any time at our reasonable request, the 2257 Regulations Information in relation to those other individuals, together with their documented consent to being recorded and to the Content being sold, and the date the Content was created. You must verify the identity and age of everyone depicted before the Content is created, not afterwards; this applies equally to Content that is generated or altered by artificial intelligence and depicts a real person. We may remove or block any Adult Content that you upload if you do not comply with this Section 5.1. For the purposes of this Section 5, a "Valid Identification Document" means, in respect of any individual that is a U.S. citizen or U.S. resident, a document issued by a U.S. federal, state or local government.
5.2. Notwithstanding the foregoing or anything to the contrary, you understand and acknowledge that LinkPay is not acting as a "producer", as defined by the 2257 Regulations. You are responsible for:
5.2.1. if you are a U.S. citizen or U.S. resident, obtaining and maintaining the 2257 Regulations Information in respect of any individuals featured in Adult Content that you create or Publish to the Platform (including yourself) and maintaining such information for the duration of your agreement with us and for seven (7) years thereafter, and maintaining a Records Custodian as defined in the 2257 Regulations; or
5.2.2. if you are not a U.S. citizen or U.S. resident, taking any steps required under the law of the jurisdiction where you are resident, or otherwise reasonable steps, to confirm that any other individual featured in the Adult Content that you Publish to the Platform was not, at the time the Adult Content was created, under eighteen (18) years of age or, if higher, the age at which an individual can legally appear in Adult Content in accordance with the law of the jurisdiction where you are resident, and keeping records of having done so.
5.3. The original records required pursuant to 18 U.S.C. §2257 and 28 C.F.R. §75 for materials contained in the Platform shall be kept safe by the appropriate Records Custodian. We may, at any time, and for any reason, request a copy of your 2257 Regulations Information. If you cannot provide us with the requested documentation, or if you repeatedly breach the obligations in this Section 5, including your documenting and reporting obligations with respect to other individuals featured in your Content, we will remove or block the Content in question, suspend your ability to Publish Adult Content, and may suspend or terminate your account.
Fees; Pricing; Payments
7.1. Prices for Premium Activities.
7.1.1. Except if provided otherwise in the functionalities of the Platform, you have sole discretion on determining the price(s) to charge buyers for your Premium Activities, all of which will be listed on the Platform in US Dollars. The minimum price for all Premium Activities, and all changes to your prices, must comply with the Platform Rules, including our Payment Terms. You are responsible for describing accurately what you are selling — a buyer is entitled to receive what the payment link said they would.
7.1.2. You are permitted to remove any Content you own and/or block any buyer from accessing your Premium Activities, at any time, at your sole discretion.
7.1.3. When a buyer has made the Buyer Payment(s) required for your Premium Activities, you must allow that buyer to view the Locked Content, attend the Video Call, and/or receive the commissioned Custom Request (as applicable). You agree that you will indemnify us for any breach by you of this obligation (which means you will be responsible for any loss or damage (including loss of profit) we suffer as a result of you failing to comply with this obligation). You agree and acknowledge that LinkPay is not responsible for any content communicated between you and the buyer.
7.2. Calculation of Seller Earnings. Each Buyer Payment earned by you will first be reduced by any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to you by us to settle a claim involving the allegation of credit card or other abuse or fraud), uncollectible revenue attributable to you as the seller, or third-party transaction fees (collectively, the "Vendor Fees"). The remaining amount of the Buyer Payment less any and all Vendor Fees, or the Adjusted Net Receipts, will then be split between LinkPay and you as follows: LinkPay will retain thirty percent (30%) of all Adjusted Net Receipts, exclusive of any Withheld Taxes, as the Platform Fee, and the remaining seventy percent (70%) of all Adjusted Net Receipts, exclusive of any Withheld Taxes, will be payable to you as your Seller Earnings — unless a different rate has been agreed with you, in which case the agreed rate applies and is shown on every sale in your dashboard. Every allocation records the fee configuration that produced it, so what you earned on a sale never changes afterwards.
7.3. Payout options. LinkPay offers sellers payout options for us to transfer your Seller Earnings to you, described in the Payment Terms, including when a balance becomes available for payout. You acknowledge that we reserve the right, at any time and with or without notice to you, to change the payout processor that enables you to receive payments as a seller.
7.4. Seller payment information. It is your responsibility to ensure that all of your payment information is complete and accurate to avoid any delays in the payment processing and to inform us of any issues that may arise with payments. You are responsible for keeping all of your information up to date.
7.5. Taxes. It is your sole responsibility to remit any and all applicable sales Taxes to the applicable Tax authorities and to comply with all applicable Tax laws, including, but not limited to, those related to Tax ID theft and the issuing of valid Tax invoices. Notwithstanding the foregoing, where legally required, LinkPay may withhold Taxes and remit them directly to the concerned Tax authorities, in which case only the balance reaches you and we will tell you what we have withheld. Notwithstanding anything to the contrary in these Seller Terms, you hereby undertake to hold harmless and to indemnify LinkPay, its affiliates, and its agents from any claims made against them by third parties, including Tax authorities, in regard of any Taxes, or any withholding thereof, with respect to your Content purchased by or licensed to users. You agree and understand that you are solely responsible for the payment of all government, state, and local Taxes, levies, or any other similar fees. The tax documents that gate disbursement (Form W-9, W-8BEN or W-8BEN-E) are described in the Payment Terms.
7.6. Currency. All amounts referred to herein and all monetary transactions on the Platform are in US Dollars (USD).
7.7. Adjustments and refunds. Save as required under applicable law and as set out in the Refunds and Disputes Policy, LinkPay does not issue credits, refunds, or cashback on Content purchased by buyers. Please refer to our Payment Terms and Refunds and Disputes Policy for additional information, including information about when buyers may cancel their purchase and receive a refund. Notwithstanding the foregoing, LinkPay may adjust or deduct from the amount to be remitted, or already remitted for payment, to you at any time, without notice, in accordance with these Seller Terms, our Payment Terms and the Refunds and Disputes Policy. In the case where the payment has already been issued to you, LinkPay will deduct such adjustment from the following amount to be remitted to you. Adjustments may be made for reasons including, but not limited to, customer credits, cancellations of purchases, refunds, fraud, corrupted Content, grossly misleading or mislabeled Content, or technical errors.
7.7.1. When a sale is refunded or a buyer's card issuer reverses it, the reversal is applied against the same shares the sale created, using the configuration that applied to that sale. If the money is still inside the hold described in the Payment Terms, it simply never becomes available. If it has already been paid out to you — including because you took an advance against it — your balance can go negative. A negative balance is recovered from what you earn next, and payouts are blocked while it is negative. This is a debt to us, and if you stop selling with a negative balance we may seek to recover it.
7.7.2. You agree to cooperate promptly with us and our payment providers in disputing a chargeback, including by providing what you have about the sale. If we cannot respond in time because you did not, the outcome is yours.
7.8. Withholdings.
7.8.1. We may withhold all or any part of the Seller Earnings due to you but not yet paid out:
- if we think that you have or may have seriously or repeatedly breached any part of the Platform Rules;
- if you attempt or threaten to breach any part of the Platform Rules in a way which has or could have serious consequences for us or another user (including actual or possible loss caused to us or another user); or
- if we suspect that all or any part of the Seller Earnings due to you result from unlawful activity, either by you or by the buyer who made the payment to you.
We may withhold all or any part of the Seller Earnings due to you but not yet paid out for as long as is necessary to investigate the actual, threatened or suspected breach(es) by you or the suspected unlawful activity (as applicable). If following our investigation we conclude that (i) you have seriously or repeatedly breached any part of the Platform Rules; (ii) you have attempted or threatened to breach any part of the Platform Rules in a way which has or could have serious consequences for us or another user; and/or (iii) all or any part of the Seller Earnings due to you result from unlawful activity, we may notify you that you have forfeited all or any part of your Seller Earnings. Where we withhold, we will tell you why, where the law allows.
7.8.2. We shall not have any responsibility to you if we withhold or forfeit any Seller Earnings due to you where we have a right to do so under these Seller Terms or any other of the Platform Rules.
7.8.3. If we are withholding all or any part of the Seller Earnings due to you and we determine that part of the Seller Earnings withheld by us is unrelated to breaches by you of the Platform Rules or suspected unlawful activity, then we may pay to you the part of the Seller Earnings which is unrelated to breaches by you of the Platform Rules or suspected unlawful activity. However, you agree that if we consider that your breach(es) of the Platform Rules has or may cause us loss, we may withhold all Seller Earnings due to you but not yet paid and we may set off such amounts against any losses suffered by us.
7.9. Account inactivity. If your account is inactive without valid payout information (no log in for twelve (12) consecutive months and no valid payout information), LinkPay reserves the right to withhold your Seller Earnings. For a resolution, you must contact LinkPay at support@linkpay.co to reconfirm your identity and/or a valid payout method.
7.10. Payout on closing of your account. If you decide to close your account, which you may do at any time, LinkPay will remit to you the balance of the amounts owed by LinkPay to you and the amounts owed by you to LinkPay (the "Closing Balance"), less any chargebacks (including amounts paid as a result of credit card abuse or fraud, or paid to you by us to settle a claim involving the allegation of credit card or other abuse or fraud), any uncollectible revenue attributable to you, any refunds due to buyers or any other third-party transaction fees in the applicable jurisdiction upon the termination of your account, once the hold on it has run and provided your tax document and payout account are in order. Unless prohibited by applicable law, you will be deemed to have expressly and irrevocably waived and renounced your Closing Balance three (3) years after the deactivation date of your seller account. Contact support@linkpay.co if a balance is stuck.
Video Call Bookings
8.1. A buyer books a Video Call at a specific time from your calendar, and the money is held until the call is settled. You are paid if you turn up. If the buyer does not join, you are paid in full — you reserved the time and were there for it.
8.2. If you do not join, the buyer is refunded automatically. That is decided by the system, not by us reviewing it afterwards, so a call you cannot make is one to cancel rather than miss: cancelling from your dashboard refunds the buyer whenever you do it.
8.3. Buyers may cancel a booking themselves. You set how late they may do that and still be refunded — two hours before the call unless you change it, and never later than the notice you require for a booking in the first place. If a buyer cancels after your deadline, or does not turn up, you keep the money and the time goes back on your calendar.
8.4. Tips given during a call are yours in full, less our Platform Fee. Extra time on a call is not sold: you add it yourself and nobody is charged for it. Video Calls are recorded as set out in Section 4.7.
Disclaimers and Indemnification for Sellers
9.1. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING FROM THE COURSE OF DEALING OR USAGE OF TRADE. YOU HEREBY AGREE TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE PLATFORM.
9.2. LINKPAY DOES NOT WARRANT THAT YOU WILL BE ABLE TO ACCESS OR USE THE PLATFORM AT THE TIMES OR LOCATIONS OF YOUR CHOOSING, THAT THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LINKPAY SHALL NOT BE RESPONSIBLE FOR ANY FAILURE TO PERFORM DUE TO UNFORESEEN CIRCUMSTANCES OR TO CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, FAILURE OF THE TELECOMMUNICATIONS OR INFORMATION SERVICES INFRASTRUCTURE, HACKING, SPAM, ANY FAILURE OF A DEVICE (INCLUDING, BUT NOT LIMITED TO, COMPUTERS, TABLETS OR SMART PHONES), SERVER, OR SOFTWARE (INCLUDING OPERATING SYSTEM), SERVER CHANGES OR UPGRADES, OR CHANGE OF SERVICE PROVIDERS, FOR SO LONG AS SUCH EVENT CONTINUES TO DELAY THE PLATFORM'S PERFORMANCE.
9.3. TO THE FULLEST EXTENT PERMITTED BY LAW, LINKPAY (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS) SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER SIMILAR DAMAGES, INCLUDING, BUT NOT LIMITED TO, THE LOSS OF REVENUES, LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES (HOWEVER SUCH LOSSES ARE QUALIFIED), ARISING OUT OF OR RELATING IN ANY WAY TO THESE SELLER TERMS OR THE PLATFORM ITSELF, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT LINKPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LINKPAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR PLATFORM; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR PLATFORM BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT.
9.4. YOU HEREBY AGREE TO ASSUME SOLE RESPONSIBILITY FOR ALL RISKS, CONSEQUENCES, AND DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, RISKS ASSOCIATED WITH THE PUBLICITY OF APPEARING ON THE PLATFORM, SUCH AS THE RISK OF RECORDING, PIRACY, SEXUAL HARASSMENT, DEFAMATION, VIOLATION OF PUBLICITY OR PRIVACY RIGHTS, INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER UNAUTHORIZED DISSEMINATION, OR PUBLICITY OF THE CONTENT, OR THE PUBLICITY OF THE IDENTITY OF SELLERS OR CO-CREATORS APPEARING IN CONTENT. LINKPAY PLEDGES TO DO ALL WITHIN ITS REASONABLE AND LAWFUL MEANS TO REMOVE SUCH MATERIAL UPON YOUR WRITTEN REQUEST.
9.5. SECTIONS 9.1 TO 9.4 SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW AND ARE, WHERE APPLICABLE, SUBJECT TO PART 2 OF THE TERMS OF SERVICE (WHAT APPLIES TO YOU OUTSIDE THE UNITED STATES AND CANADA).
9.6. Indemnification. To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless LinkPay and the Platform, the operator, its parent, subsidiary, and affiliated corporations, their officers, directors, shareholders, employees, and agents, server maintenance, independent contractors, telecommunication providers, agents, and contributors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, but not limited to, attorneys' fees) arising from: (i) any claim that all or any part of your Content infringes any third party rights (including any intellectual property, property, or privacy right) or otherwise caused damage to a third party; (ii) your violation or breach of any part of these Seller Terms; (iii) your violation of applicable law, rule or regulation while using the Platform; (iv) your wilful misconduct; or (v) any of the foregoing by any other person that accesses the Platform using your seller account. This defense and indemnification obligation will survive these Seller Terms and your use of the Platform. You agree to indemnify and hold LinkPay harmless from any liability that may arise from someone viewing your Content. We will promptly notify you of any such claim or suit, as the case may be, and we may decide, at our sole discretion, to cooperate (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at our own expense and choose our own legal counsel but are not obligated to do so. Nothing contained in this Section 9.6 is intended to limit the scope of releases and/or indemnification contained elsewhere in the Platform Rules.
Sellers' Representations and Warranties
In addition to those representations and warranties contained in the Terms for Buyers and the Terms of Use, as a material inducement for LinkPay to enter into these Seller Terms, you represent and warrant that:
10.1. You are currently residing in a Supported Country.
10.2. You create and Publish Content to the Platform in connection with your trade, business, craft or profession.
10.3. You own all rights, title, and interest in the Content sufficient to lawfully and fully Publish, license or sell the Content through the Platform. Such Content shall not infringe, violate, or misappropriate any third party's rights of any kind, including, without limitation, any contract, copyright, trademark, right of publicity, right of privacy, any rights in name, likeness, voice, or persona, or any similar rights.
10.4. You have, and at all times during the term of these Seller Terms shall continue to have, the full right of authority to Publish, license, and sell your Content as set forth in these Seller Terms and to perform all other obligations, warranties, and indemnifications set forth in these Seller Terms.
10.5. To the extent required under applicable law, the Content that you Publish to the Platform complies with any warranties implied under applicable law, including (without limitation) as follows: the Content is of a satisfactory quality and standard, conforms in all material respects with any descriptions or free Content that you have Published to the Platform, and does not contain any malicious or other code that may cause damage to a buyer's device.
10.6. You are solely responsible for your submission, uploading and/or Publication of Content.
10.7. All Content is made of lawful material; the persons depicted in each and all Content, including all Co-Authored Content, are adults (over the age of 18 years and the age of legal consent in your jurisdiction) at the time such persons first participated in the creation of the subject piece of Content or Co-Authored Content in which they are depicted; and such persons validly and legally consented to appear in the Content or Co-Authored Content.
10.8. All persons whose image or voice appears in your Published Content or Co-Authored Content have had their identity and age verified in accordance with Section 6, and you have acquired and provided all necessary written consent, license, release, permission and authorization, including to allow users to download such Content or Co-Authored Content where downloading is offered, and moral rights waiver to LinkPay of all such persons participating or depicted in the Content or Co-Authored Content.
10.9. You are solely responsible to obtain and maintain all applicable consents, licenses, and permits required to Publish, license, and sell Content through the Platform. Without limiting the foregoing, you agree not to Publish or Upload Content from public places or other places from which you are forbidden to Publish or Upload Content pursuant to your local laws and community standards.
10.10. In the event that you have access to or are provided with personally identifiable information, personal data or sensitive information about a buyer, you shall not display, disseminate, distribute, or otherwise use such information, unless expressly permitted in these Seller Terms or the Privacy Notice.
10.11. The following acts, actual and/or simulated, are prohibited under these Seller Terms, are forbidden in connection with the Publication of Content by you, and shall not be present in any of the Content Published by you at any time: (i) any portrayal of an individual that suggests or implies that such individual is under 18 years of age; (ii) any presentation or representation of minors engaged in intimate physical conduct or sexual situations, including, without limitation, lewd nude depictions, masturbation, or sexual conduct, actual or depicted; (iii) actual or simulated presentation or representation of any kind in violation of these Seller Terms, including any Content violating the Platform Rules, such as, but not limited to, illegal or unsafe activities; or (iv) any Content or products displaying any third party trademark or copyright or embodying any third party trade dress or any matter that is disparaging, demeaning, or otherwise damaging to any product, person, or entity or any rights pertaining thereto.
10.12. All Content is fully compliant with all requirements set forth in the 2257 Regulations (or any similar applicable legislation) including, but not limited to:
10.12.1. where you are a U.S. citizen or a resident of the U.S., that you possess and maintain age verification documentation required under the 2257 Regulations and that you comply with all applicable local, state or federal record keeping requirements, including implementing and maintaining a Records Custodian as defined in the 2257 Regulations; or
10.12.2. where you are not a U.S. citizen or resident, that you have taken reasonable steps to confirm that any individuals featured in any Adult Content that you Publish to the Platform were not, at the time the Adult Content was created, under eighteen (18) years of age or, if higher, the age at which an individual can legally appear in Adult Content in accordance with the law of the jurisdiction where you are resident.
10.13. For as long as you have an open account with LinkPay and for a three (3) month period after closing such account, you shall not divert, or attempt to divert, any business of, or any other sellers or users of LinkPay, to any competitor website, by direct or indirect inducement or otherwise.
10.14. You shall not directly, indirectly or otherwise promote or mention, on the Platform or in your Content, any brand that is not owned or controlled by you, excluding your personal brand(s). For clarity, you may promote or mention owned or controlled branding through watermarks.
10.15. You shall not misrepresent any of the services provided by LinkPay through the Platform nor make any false or misleading statement to anyone about the service offered by LinkPay through the Platform or pursuant to these Seller Terms.
10.16. You are solely responsible for complying with closed-captioning requirements as established by the Americans with Disabilities Act (ADA) or any other applicable law. You acknowledge that, if you choose to Publish Content without closed-captioning, you alone will be liable in case of legal action by a user or any other third party.
External Links
11.1. Inbound external links. Subject to these Seller Terms, you may provide external hyperlinks inbound to the Platform to promote your Content, including without limitation ads or promotions, on other sites or platforms operated by third parties, provided that these sites or platforms have terms of service that are generally similar to the Platform Rules and do not promote, advertise, or facilitate prostitution, illegal adult content, child exploitation and/or nonconsensual activities in any manner.
11.2. Outbound links; where you send your payment link. A payment link is made to travel, and where you send it is your responsibility. Links are designed to be shared off LinkPay — in messages, on social platforms, anywhere you reach an audience. Those places have their own rules, and some of them prohibit linking to adult or paid content. We do not police that for you and we cannot: complying with the terms of any platform you post on is yours to do, and we are not liable if one of them acts against your account there.
11.3. LINKPAY HAS NO CONTROL OVER EXTERNAL WEBSITES AND IS NOT RESPONSIBLE FOR THEIR CONTENT, PRIVACY POLICIES, OR FOR THE COLLECTION, USE, OR DISCLOSURE OF ANY INFORMATION THAT THOSE SITES MAY COLLECT. LINKPAY RESERVES THE RIGHT TO IMMEDIATELY TERMINATE YOUR ACCOUNT SHOULD LINKPAY SUSPECT NON-COMPLIANCE WITH SECTION 11.1.
Governing Law and Dispute Resolution
12.1. These Seller Terms form part of the Platform Rules, and shall be governed by and construed in accordance with the internal substantive laws of the State of Florida, without respect to its conflict of laws principles, as set out in the Terms of Use. If you are outside the USA or Canada, Part 2 of the Terms of Use sets out the governing law and jurisdiction that apply to you.
12.2. Any disputes arising from or related to these Seller Terms shall be resolved as set out in the Terms of Use. If you are in the USA or Canada, this means that the Arbitration Agreement in Section 18 of that document shall apply to and govern any dispute between you and LinkPay, other than any actions for which LinkPay retains the right to seek injunctive or other equitable relief, as set out in the Terms of Use. If you are outside of the USA or Canada, disputes are dealt with under Part 2 of the Terms of Use.
Tax and Invoicing Outside the United States
13.1. If you access LinkPay from outside the United States, you remain responsible for your own Taxes, including any VAT, GST or equivalent chargeable where you are established, and for any invoicing or reporting obligation that comes with it.
13.2. Where we are required to collect or withhold Tax on a sale, or to report your earnings to an authority, we will do so, and we will tell you what we have withheld or reported. A tax document is still required before any disbursement, and for sellers outside the United States that is normally a W-8BEN or W-8BEN-E. See the Payment Terms.