i'm sorry i'm gonna have to 
break out the button for this one okay i really wasn't intending on doing this video 
today i was probably gonna do a video about obs   plug-in or something like that but i've opened up 
youtube i've got a notification and it's a harris   heller video and most of the video is really 
really good and there's one portion of it that   really got me triggered there's a bit within it 
where he talks about whether or not you should   sign the affiliate agreement and actually funnily 
enough the way harris interprets the landscape is   actually pretty good some of the things that he 
says are factually wrong and also i don't agree   with devin nash's sentiment that you should not 
sign the twitch affiliate agreement i think he may   be fundamentally misinterpreting the agreement so 
hi i'm machine day and i hope you're doing really   really well i hope you're having a great day 
in this video i'm going to go through exactly   what it was that harris heller has said that is 
factually inaccurate about the twitch affiliate   agreement i'm also going to just reference some of 
the things that devin nash has had give my take on   it and also just talk a little bit about 
my own contract and commercial credentials   as well as ultimately whether or not you should 
or should not sign the twitch affiliate agreement   i know that there are a lot of affiliates or 
soon-to-be affiliates that watch my channel   so i think that this content is relevant to my 
channel but it's not the normal type of content   i would do i may do more of this content but this 
is just something i've seen that i couldn't really   not talk about because with my experience and 
also seeing the information i've seen in these   videos it just seems quite it just has to be 
factually accurate if you're putting content   out to millions of people and you're potentially 
going to influence someone's commercial decisions   and the direction they go with something it's 
really important that you get at least the   factual stuff right if you find this video useful 
hit the like button feel free to subscribe to the   channel and you're welcome to come and hang out on 
my stream at twitch.tv forward slash machine dana   so firstly i'm just going to talk a little bit 
about my own credentials um i'm 35 years old i've   got 14 years of experience in business i've always 
worked business to business i've sat down you know   hundreds of probably thousands of tables wait i've 
probably sat down at tens of thousands of tables   but i've sat down at tables with ceos executives 
directors you name it no one intimidates me from   that point of view i could sit in front of someone 
that can have the negotiation it's what i've done   as a career for 14 years big portions of what 
i've done do relate to actually negotiating   specific terms of contracts adding terms removing 
terms tweaking terms and some of the businesses   i've negotiated with range from being half 
million one million pound businesses smaller   businesses through to multinational conglomerates 
uh turning over tens of billions these are service   contracts that i've negotiated to the value of 
in some cases tens of millions of pounds i'm used   to arguing over terms and conditions and i know 
about terms and conditions and contracts why is   this important it's important because i know about 
certain terms i've seen so many contracts that i   know what's normal and what is not normal not only 
that but i also know how to interpret those terms   and i've done this for a variety of different 
industries it's not just been one niche industry   everything from adult products to food and digital 
products and all sorts okay so this also covers   quite a lot of stuff like branding and things 
like that as well so hopefully i come across   as credible and i know that i am credible on this 
topic i'm sure and i know that devin nash is very   credible from that point of view as well so i'm 
not putting into question devin nasa's credibility   here i just think that his opinion is wrong and 
on this particular thing he's misinterpreting   something harris heller actually seems to be sort 
of standing back a little bit more from it i think   that's the wise thing to do he's not trying to 
be an expert on contracts but he is also clearly   trying to help his viewers and i get that and that 
makes good sense so i'm going to cover some fair   use policy stuff here because i'm going to be 
briefly playing a clip from harry's hell's most   recent video where essentially i'm rebuttaling 
this and also talking over some of the facts and   interpretations and of course this is all for 
educational purposes specifically for anyone   that is a twitch affiliate or considering 
becoming a twitch affiliate and actually   if you're a twitch user whatsoever here it's 
relevant even if you're just chatting on twitch   okay so i want to first pre-curse everything that 
i'm saying here by saying i am a huge huge fan of   harris heller he has been very influential on 
the way i've managed my own channel and he will   i'm sure continue to be very influential he's a 
great content creator you should subscribe to his   channel you should also subscribe to devin nash's 
channel the information they give about twitch and   about the content creation landscape for streamers 
is virtually unparalleled and for the most part is   pretty awesome it's just purely a rebuttal 
a factual rebuttal to something that's been   said and also a sentiment that seems to be sort of 
creeping its way into the mindset of new streamers   and more established streamers many of whom in 
fact most of whom are probably not commercially   tuned in they wouldn't have the business 
experience that perhaps someone like devin nash   harris hello or myself would have and would maybe 
take what he said as gospel but there's a level of   cynicism that seems to be within devin nash that's 
a little bit insidious i know devin nash is very   skeptical about twitch for a number of reasons 
and he seems to have a lot more information than   certainly anyone like i would have there has 
to be credibility to that that absolutely has   to be credibility to that but you also have to 
be open-minded about these things particularly   if you're a new content creator so i'm just 
going to roll the clip from harris hello's most   recent video no twitch streamer should get paid 
five dollars an hour the five dollars an hour   thing's irrelevant that's just the way he's 
chosen to frame the video but there's a bit   buried in the middle of the video where he talks 
about whether or not you should or should not   sign the affiliate agreement and from what i pick 
up here harris hell is basically disagreeing with   devin nash and saying that you probably should 
sign the twitch affiliate agreement if you want to   and it's not scary but there are some things 
in here that are not factually correct and you   should be aware of these things just some context 
the affiliate contract that you find says some   weird stuff in it the two biggest things it 
talks about is that twitch owns your likeness   as a brand and that it reserves the right 100 
percent to decide what sponsorships can go on   your stream saying you're not allowed to 
put your own sponsors on your stream right   only they can put ads on your stream i want to 
make it clear those are really weird things to   be in twitch's affiliate contract like it is a bad 
contract and it reflects on twitch that they are   going to make affiliates sign that so i'll put a 
full transcript of this and also some of the next   parts that he talks about because he does go on to 
talk about essentially the real world application   of this and i would definitely recommend viewing 
this video yourself and making up your own mind   on this now here's here's also the bit in one of 
devin nash's videos where he talks about never   becoming a twitch affiliate the title of the video 
is why you should never become a twitch affiliate   in painstaking detail from the ground up and 
based on the foundations and looking at all the   data and all of it on why you should absolutely 
never accept an affiliate contract with twitch   ever under any circumstance so under any 
circumstances we know how devin nash feels   on the topic um it's pretty clear that you should 
never sign the contract harry's hell is basically   saying that you probably should sign the contract 
if you want to don't be scared off by these things   and i agree with harry tower on that i do want to 
talk about something that harris heller says here   because he says something specifically that is 
incorrect and you should be aware that this is   incorrect i will quote here just to avoid any 
misinterpretations the affiliate contract that   you signed say some weird stuff in it first of 
all i can tell you from reading hundreds probably   thousands of contracts this is not a weird 
contract this is an entirely normal really really   normal contract if anything this is a really 
simple straightforward easy to understand not   disingenuous it's a normal contract what twitch 
is doing here is pretty normal in the commercial   world so i don't know where this has come from 
really anyone with any level of experience with   contracts knows that this contract is pretty 
simple and straightforward don't get me wrong   it's worth the paper it is written on they're 
not absolutely messing up the contract but it's   also not overly complicated either he also says 
the two biggest things it talks about and i quote   twitch owns your likeness as a brand and that it 
reserves the right to 100 decide what sponsorships   can go on your stream so it doesn't take long 
to find this information if you're an affiliate   you probably should have properly end to end read 
through the contract because you are signing that   and it really does govern you this isn't like the 
terms and conditions of a website where you never   read it or like the apple terms and conditions 
that get updated every two minutes you sign your   life away and you accept that and you take the 
risk or you just move to android and sign the   same type of agreement this is an actual contract 
that you're signing that means that you will get   revenue from twitch potentially and it opens 
up those revenue channels for you so the first   precursor here really important precursor is this 
is a commercial agreement you are operating as a   business but the reality is you aren't signing 
this as some idiot on the street you're signing   this as a business an entity a trading entity and 
you will then become accountable for your actions   on the twitch platform and of course your actions 
as a business entity i want to cover some things   off about this within the twitch affiliate 
agreement first of all this was last modified july   2019 this agreement hasn't really been changed in 
two years okay it's quite important that because   i'll get to a later point on this but they're 
not changing this affiliate agreement regularly   and by the way if you want access to this you can 
click on the affiliate link within your stream   manager here and it's literally right there view 
the affiliate agreement and it will pop open that   same web page but i will link in the description 
as well it's important to briefly mention this one   here by registering the program you've agreed 
to the terms conditions of this agreement   together with this agreement which is the twitch 
terms of service separately govern your use of the   service so the terms of service govern how you 
use twitch and this twitch affiliate agreement   essentially governs your commercial arrangement 
with twitch but the two kind of go hand in hand   and for that reason they say if there is any 
conflict between the two this agreement so the   twitch affiliate agreement will take a precedent 
in other words it's more important for you as   an affiliate there's a load of important stuff in 
here but also there's quite a lot of not important   stuff in here the contract itself is about 5000 
words and in contract terms that's a pretty small   simple contract size 12 calibri roughly what 
contracts normally are at it's only a 10-page   contract and let's be honest as well there are 
two-thirds three-quarters if not more of this   agreement that are just general contract drivel 
that you see in every single contract because   lawyers how else are they going to make their 
money well there are some things in this contract   that really do matter funnily enough there's a 
more scary cause in this contract that people   don't seem to be really mentioning and talking 
about i wanted to draw people's attention to   this but also interpret that as well just to put 
things into perspective most business contracts   are 20 to 50 pages long i've dealt with contracts 
that are government contracts that are like two   300 pages in in scope and therefore this 
agreement's actually quite straightforward   even if you include the twitch terms of service 
which obviously augment this agreement so this   document here is the twitch terms of service 
again i'll link this in the description below   and harris heller says and i quote twitch owns 
your likeness as a brand we do a search for brand   within here that there's nothing at all about 
brandt anyway these are just uh twitch's brand   guidelines which are completely irrelevant if you 
then do a search for likeness there's nothing in   here about likeness as well there is literally 
nothing in the twitch affiliate agreement about   twitch owning your likeness nothing zero literally 
nothing it's factually incorrect what twitch does   have in the twitch affiliate agreement is 
live content exclusivity so essentially a   24-hour period where they have exclusivity over 
your content after which it's a non-exclusive   license that's granted this is called the initial 
broadcast the first i wanted to just talk a little   bit about the terms of service briefly if you're 
a user of twitch in any form whether you're a   partner whether you're an affiliate whether you 
log on and start chatting on someone's stream you   are governed by this specific set of terms and 
conditions this is not specific to affiliates   or partners for that matter we're talking about 
user content here twitch allows you to distribute   streaming live and pre-recorded audio visuals and 
they list a load of different methods that you can   basically communicate including posting as a 
chatter this twitch agreement basically talks   about the nature of that and also the likeness 
and there's some stuff about branding within this   why is this important to the video well within 
harris's video and within darren's video they're   specifically framed in the way two affiliates 
which represent hundreds of thousands of viewers   of those videos and hundreds of thousands of 
active broadcasters on twitch it's framed in   a way that says you shouldn't sign this agreement 
because this stuff is in that agreement well it's   actually not you've already signed the agreement 
by using twitch even if you first post and never   even broadcast you've signed that agreement and 
let me prove it within section 1 introduction   your agreement to these terms of service it says 
the terms of services apply whether you are a user   that registers an account or an unregistered user 
in other words they apply even if you've not set   up an account on twitch but you're watching 
twitch this is anyone partners affiliates   viewers you acknowledge that you have read 
understood and agreed and bound by these   services if you do not agree to these terms do not 
access or otherwise use twitch services so believe   it or not you're already in pretty deep before 
you even access this but this is all pretty damn   normal for most online services that you see out 
there virtually every single online service has   an agreement like this and this is completely 
normal let's get on to likeness and we're still   on the terms of service here we are not in the 
affiliate agreement so it says here twitch and   its sub licenses are allowed to use them 
to the extent indicated in these terms of   services they specifically reference promoting 
and redistributing part of the twitch services   so harry's hell is right in that the way that 
these are likely to be used the way that your   content is most likely to be used by twitch is 
that they're going to be promoting twitch and   there's a very low low almost insignificant chance 
that they would use it for anything other than   that this is what's known in contract world as a 
brand consent brand clause brand causes exist in   probably a third or maybe half of all commercial 
contracts they're normally there as a practical   thing so that companies can basically advertise 
their services by referencing their clients   and there are some businesses or maybe some 
government organizations that don't allow   the brand clauses in there because their use of a 
certain service might be critical or commercially   sensitive or confidential and for those reasons 
sometimes these causes are either not in there or   it specifically declines the use of their brand 
but in the majority of cases there's usually   an acceptance that a brand can be used in a 
reasonable way and that's essentially what this is   it's within a reasonable way but the point of this 
is and the reason why harris heller and devin nash   are both wrong is this is nothing to do with the 
twitch affiliate or partner program it's nothing   to do with that the moment you start using twitch 
that's it you've agreed to this already so whether   or not you sign the affiliate agreement you're 
already agreeing to your likeness being used for   promotional purposes and that goes for whether or 
not you're broadcasting or maybe you're posting   some chat as a viewer that can then be used by 
twitch the point is you're bound by that agreement   and practically it means that twitch doesn't have 
to go out and seek your permission just because   you feature in a video because you've chatted 
something or because you've broadcast something   and they've reused that one thing's really 
really important to note here twitch does not   own your likeness as a brand that's exactly what 
harry said it's incorrect it's factually incorrect   they don't own it what this is is a license to 
twitch to use your likeness and they're actually   quite heavily limiting the way in which it's used 
so use reproduce modify adapt publish translate   create derivative works from distribute perform 
and display user content for derivative works   that's it it's not that scary and you've already 
signed this agreement this isn't about you reading   a twitch affiliate agreement you know as devin 
nash says reading it and saying oh my god there's   some scary causes in here i'm not gonna sign this 
this is a normal cause that is in maybe a third   or a half of all business contracts in the whole 
world those guys are just wrong about that okay if   this was true most contracts in the world wouldn't 
be signed most most business contracts just simply   wouldn't be signed if people didn't sign contracts 
on that basis the drawback is here as an affiliate   and because there's so many hundreds of thousands 
of affiliates that are signing up here to the   affiliate program they're not going to negotiate 
with you on this you either accept it or you don't   it's as simple as that one quick note here if you 
terminate your contract with twitch by turning   terminating your account with twitch twitch here 
just say that they can still use your content as   part of twitch services and copied store portions 
of the user content such as making a clip or if   they've used it for promotional purposes or for 
reasonable time it takes to remove the backup on   other systems what this actually means is twitch 
are even saying that if you want to as long as you   give them reasonable amounts of time they will 
even remove you from some of their promotional   videos as long as you allow them time to do that 
so it's actually quite a soft contract even the   very common cause that's in there is written in 
quite a soft way and i don't know why it's been   interpreted otherwise feels like either chinese 
whispers or people just haven't read the causes   very well not only are these extremely common 
but they are soft one thing that harris hella   says and i gain our quote here let's talk about 
brand likeness what does that mean well really   all it means is twitch is allowed to make videos 
on twitter on youtube or whatever else they're   making videos and they're allowed to use your 
content freely without having to contact you and   pay you and if you're a large streamer like ninja 
or shroud those kind of people who will be paid   five to six figures to be put in an advertisement 
and that would be really sketchy thing for twitch   to do first of all i'm saying anyone that's in 
that bracket we're talking about the 0.01 people   like ninja and shroud they would have specific 
brand causes within their custom contracts they   wouldn't be signing this agreement it's a really 
bad comparison to make because this agreement is   basically irrelevant to ninja and shroud but 
even if twitch did include ninja or shroud and   that was allowed as part of the agreement between 
those people it wouldn't really be that sketchy a   thing to do it'd be quite a normal business thing 
to do to use the brand in that way now that'd be   very different if it was used in any old context 
in which case if it damaged ninja's brand let's   not talk about the time that twitch accidentally 
broadcasted a certain type of content to ninja's   old channel while as a mixer that would be brand 
damaging that would be a sketchy thing to do so   i agree with harry's health sentiment in general 
that it's a soft clause and that the real world   interpretation of that clause is very different 
to what people seem to be interpreted by but the   problem with this is that it's irrelevant to the 
affiliate agreement this is applicable to any   twitch user and therefore in the context that they 
frame it which is should you yes or no sign the   affiliate agreement the reality is it's irrelevant 
if you don't sign the agreement you're still   agreeing to that likeness cause that we've talked 
about there is one cause that i did briefly want   to talk about here because there is one that's 
quite scary and i've not seen this cause very   often in a business contract in fact i'm not sure 
if i've ever seen it however i think this is still   fairly typical of high volume usage platforms 
like twitch like youtube like facebook and   things like that i think it's quite a common 
cause in that environment however what i will   say here is this is actually located within the 
affiliate agreement which is why i'm a little bit   confused at why that isn't included in the main 
terms of service where you have got hundreds of   millions of people using twitch as opposed to the 
affiliate agreement which is probably more like   only half a million to a million affiliates 
that are governed by that agreement a lot fewer   a portion of the overall twitch viewership 
and volume there's a section here section 10   within the affiliate agreement which is if any 
modifications is unacceptable to you which is   bad english anyway if any modifications are 
unacceptable to you your only recourse is   to terminate this agreement your continued 
participation in the programme this is the   affiliate program following the effective date of 
any modification eg the date of posting of changes   notice or revised agreement or the date specified 
in an email to you regarding such modification   that's really bad contract practice by the way 
that really narrows the scope of how they can   enforce this contract so if you know about 
contracts you would know that that shouldn't be   in there really to be honest that actually hurts 
twitch will constitute your binding acceptance of   the change what does this mean it basically means 
that the twitch partnership program can be changed   by twitch at any moment that's a more scary cause 
for twitch to have in their agreement but again i   still think that's quite a common thing to have 
in a high volume contract governing hundreds of   thousands of entities and as we said at the start 
of the video this was last modified in 2019 nearly   two years ago so the actual reality of this is 
they're not modifying regularly this agreement   and the practical implications of this cause are 
not that scary it's probably just something to   keep an eye on because let's be honest nobody's 
reading this on a day-to-day basis before you   click the go live button on twitch and start 
earning next to nothing in advertising revenue so there you have it now you have the 
facts about the twitch affiliate contract   it ain't that bad actually it's quite narrow 
in scope it's a fairly soft contract it's   relatively typical of the contracts you would 
see in the business world if anything it's   not that long it's fairly narrow don't 
give in to the scaremongering here i   get why people talk about this and it's important 
and it creates drama it can create subs and all   that kind of stuff okay but the reality is here 
twitch is a great platform they're providing   something that's quite innovative that very few 
other providers out there provide there's only   a very limited number of platforms out there that 
you can broadcast too and even fewer that have any   level of critical mass about them so whatswhich 
offer is quite unique and of course they're   going to govern that and protect themselves 
wherever possible that's all pretty normal   obviously be careful with what you sign if there's 
something that you really don't like in there   you do you it's your life it's your business it's 
your entity in this case the benefits far outweigh   the drawbacks in terms of signing contracts and if 
anyone now comes onto my stream and says should i   sign the contract i'm not gonna tell you to sign 
it or not what i'm gonna say is a scaremongering   that's out there is unfounded hopefully you found 
this useful hopefully you found it insightful   hopefully you've come away from this knowing a 
little bit more and seeing it having it spoon   fed to you if you did find it useful hit the 
like feel free to subscribe to the channel let   me know in the comments how you feel about this 
and have a wonderful wonderful day take care hi welcome to machine dana's guitar show 
featuring me machine dana and a cornflake guitar

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