GitHub Sponsors Additional Terms

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

1. Definitions.

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

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

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

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

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

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

"Sponsored Developer Payment" means the net of one hundred percent (100%) of GitHub's gross monthly payments received from Sponsorships and Subscriptions to Sponsored Developer Accounts, plus any applicable Matching Funds, and other proceeds from monetization options that the Sponsored Developer elects to use, as applicable, less any discounts, taxes, fees, amounts that GitHub did not collect or which were refunded or charged back, amounts owed to any third-party in connection with the Program with respect to a Sponsored Developer Account, and other Exclusions as outlined in Section 4.

"USD" means United States Dollar.

2. Acceptable Use.

2.1. GitHub Sponsors Program

In order to participate in the Program, you must comply with your country's minimum age laws (for example, you must be at least 13 years of age if you live in the United States), have a valid GitHub account, and have agreed to the Acceptable Use section in the Agreement and applicable GitHub Policies, and these GitHub Sponsors Additional Terms.

If you are over the age of 13 but are under 18, you can give and receive Sponsor funds, provided that Stripe, our payment processor, can collect verification information from your legal guardian.

You will not under any circumstances allow payments or raise funds involving:

  • fraud, ransom, violations of intellectual property, or other illegal purposes;

  • misrepresentation or deception related to the reasons you're raising funds or requesting sponsorship;

  • the purchase or sale of ICOs, utility tokens, or other types of cryptocurrency;

  • the purchase or sale of securities, equity, or other types of investment offers;

  • the sale of personal information, or the processing of personal information in violation of any laws;

  • lotteries, raffles, gambling, pyramid schemes, self-dealing, "get rich quick schemes", deceptive marketing schemes, "donation for donation" schemes, or any attempts to game GitHub's or third parties' systems or services; and,

  • activities with, in, or involving countries, regions, governments, persons, or entities that are not permitted under U.S. and other economic sanctions under applicable law.

2.2. GitHub Sponsors Matching Fund

The GitHub Sponsors Matching Fund aims to encourage the community that participates in the Open Source Software (OSS) ecosystem to contribute sustainable funding to qualifying individuals with Sponsored Developer Accounts. All individuals who applied to the Program before January 1, 2020, will be reviewed for eligibility for the Matching Fund, but not all eligible individual Sponsored Developer Accounts will receive matching. Organizations cannot participate in the GitHub Sponsors Matching Fund, and Sponsorship from an organization to a qualifying Sponsored Developer Account will not be matched. See below for additional rules.

2.2.1. Matching Fund Terms.

Eligibility for the GitHub Sponsors Matching Fund is evaluated on a case-by-case basis and is subject to the following limitations:

  • You must have a GitHub account, be accepted into the Program as an individual, and be actively contributing to OSS. Please note, GitHub does not allow operating more than one free user account. As such, matching is available on an individual basis and will not be approved across multiple accounts.

  • Your use of GitHub and your Sponsored Developer Account must be, based on our determination, in our sole discretion, in accordance with the GitHub Sponsors mission to expand the opportunities to contribute to open source that upholds the GitHub Community Guidelines.

  • You cannot receive matching for any sponsorship that originates from a user or organization account with a published GitHub Sponsors profile.

  • GitHub reserves the right to withhold or rescind Matching Fund money and block any user from participation in the GitHub Sponsors Matching Fund for any reason, including but not limited to posting content or projects that GitHub determines are offensive or otherwise objectionable.

2.2.2. Matching Period.

The matching period begins after GitHub accepts an individual Sponsored Developer Account into GitHub Sponsors and publishes the sponsorship profile for the account. For each individual Sponsored Developer Account eligible for the GitHub Sponsors Matching Fund, GitHub can match community sponsorship up to $5,000 USD total during the Sponsored Developer Account's first 12 months in the Program. The matching period cannot be extended for any reason. During the matching period, GitHub will not charge any fees, so 100% of sponsorships will go to the sponsored developer. In the future, we may charge a nominal processing fee.

  • If a Sponsorship or Sponsoring Subscription stops for any reason, the associated matching will stop as well. Funds that are charged back to the Sponsor before the Sponsored Developer Payment date are not eligible for matching.

  • If you leave GitHub Sponsors and rejoin later, the gap between your participation periods may count toward your matching period or your matching period may expire.

  • If GitHub discovers a potential policy violation, prior to payment of any matching funds granted during the matching period, GitHub may disable payouts until an investigation has been completed, and matched funds contributed to the sponsored developer may be revoked if they are found to be in violation of this policy.

  • GitHub may contact GitHub Sponsors applicants or participants for additional information regarding their sponsorship profile or activity to determine eligibility for sponsorship or matching, or as part of investigating potential terms violations.

3. Sponsored Developer Obligations.

3.1. General.

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

3.2. Registration.

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

3.3. Content Monetization.

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

3.3.1. Subscriptions.

The Program provides you with the capability to offer Subscriptions. If you choose to offer Subscriptions, then GitHub will pay you the Subscription Sponsorship as provided in Section 4. You are responsible for determining the nature, content, and capabilities of your Subscription offer, subject to these Additional Terms and applicable GitHub Policies.

3.3.2. Other Sponsorships.

The Program or Service may provide you with the ability to accept a donation or other type of direct Sponsorship from another User without a Subscription offer. However, because GitHub does not fulfill those types of Sponsorships, you must establish a merchant account with a third-party payment service provider (such as Stripe) and be subject to that service provider's merchant account terms, conditions, and privacy policies. Any amounts contributed to you, donation or otherwise, will be paid directly to your merchant account and not included in any Sponsored Developer Payments. You agree that you will not have any claim or remedy against GitHub relating to donations and any disputes relating to a donation are solely between you and the third-party payment service provider. You are responsible for compliance with any third-party payment service provider's agreements, policies, and laws or regulations that may apply. GitHub may elect to provide you with information or a report on the amount of donations made to you for your convenience.

3.3.3. Advertising.

While we understand that you may want to promote your Sponsors by posting their names or logos in your account, the primary focus of your Sponsored Developer Content should not be advertising or promotional marketing. In addition, you may not enter into any advertising agreement to promote any product or brand if doing so would be prohibited by the Agreement or GitHub's Community Guidelines. If you decide to host any advertising or promotional materials in your Sponsored Developer Content, you are solely responsible for complying with all applicable laws and regulations, including the U.S. Federal Trade Commission's Guidelines on Endorsements and Testimonials.

4. Financial Terms.

4.1. Payment.

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

4.2. Sponsored Developer Payment Exclusions.

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

4.2.1. Sponsored Developer Expenses.

You will bear all expenses you incur in connection with your performance under these Additional Terms. We will not reimburse or advance you for any expenses.

4.2.2. Taxes.

GitHub intends to comply with all applicable tax information reporting and tax withholding laws that GitHub reasonably determines in its judgment apply to these payments. If taxes are required to be withheld on any amounts to be paid by GitHub to you or from amounts which are subject to tax information reporting under applicable laws, GitHub will deduct such taxes from the amount owed and pay them to the appropriate taxing authority and, as required, will secure and deliver to you an official receipt for any such taxes withheld as required under applicable laws. GitHub will use reasonable efforts to minimize such taxes to the extent permissible under applicable law, and each party will reasonably cooperate with the other to obtain the lowest tax rates or elimination of such taxes pursuant to the applicable income tax laws or treaties. This includes you providing to GitHub adequate information required under applicable laws, such as IRS Forms W-8, W-9, or other information to establish exemptions from withholding. You will also be responsible for complying with any third-party payment processor’s terms and conditions regarding tax withholding and reporting, if applicable. Furthermore, GitHub reserves the right to suspend payments to your account until you provide GitHub with adequate documentation or information required under applicable laws for GitHub to determine any applicable tax withholding or reporting obligations that apply to the payments under these Additional Terms or Agreement.

4.2.3. Withholding of Sponsored Developer Payment for Breach.

In the event of a Sponsored Developer's breach, or suspected breach, of these Additional Terms or the Agreement, GitHub reserves the right to withhold payment to the Sponsored Developer under these Additional Terms or otherwise, pending GitHub's reasonable investigation of the same. If GitHub determines, in its sole discretion, that a Sponsored Developer is in breach of these Additional Terms or the Agreement, GitHub may permanently withhold any amounts due to the Sponsored Developer.

4.3. Payment Timing.

During the term, GitHub will remit to you all Sponsored Developer Payments received in a given month within 30 days after the close of that month, subject to the variables below. Payouts are sent through Stripe Connect, ACH transfer, or wire transfer to the bank account you provided when you applied for GitHub Sponsors. We are not responsible for delay or misapplication of any Sponsored Developer Payment because of incorrect or incomplete information supplied by you or a bank, or for failure of a bank to credit your account.

  • For newly created Sponsored Developer Accounts, GitHub will remit to you all Sponsored Developer Payments received in a given month within 90 days of the creation of your Sponsored Developer Account, subject to the variables below. Payments thereafter will be remitted within 30 days of the close of that month, in accordance with this section.

  • If you are paid through Stripe Connect, you will receive payouts on the 22nd of the month for your balance at the end of the previous month, regardless of the amount of the balance.

  • If you are paid through ACH transfer or wire transfer, you will receive payouts on the third Thursday of the month. GitHub will issue a payout to you for any month that your balance reaches $100 USD. Contributions from the GitHub Sponsors Matching Fund do not count towards this threshold. If your balance is below $100 at the end of the month, the balance will accrue until the next time your balance is above the threshold at the end of the month. If you leave GitHub Sponsors, GitHub will issue a payout for your remaining balance even if the balance is below $100.

  • After termination, we will remit to you all Sponsored Developer Payments received and unpaid within approximately 90 days after the end of the calendar month in which we recognize that these Additional Terms have been terminated.

4.4. Payment Method.

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

4.5. Currency.

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

4.6. Refund Requirements.

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

4.7. Requested Payment Information.

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

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

5.1. By Sponsored Developer.

Sponsored Developer represents and warrants that:

  • you have the authority to enter into and fully perform these Additional Terms;

  • your execution and performance of these Additional Terms will not violate any other agreement or obligation between you and any third party;

  • Sponsored Developer Content does not infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property;

  • you will comply with all laws and regulations, and your Sponsored Developer Content is not illegal and does not violate any laws or regulations.

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

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

6. Term and Termination.

6.1. Term.

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

6.2. Suspension.

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

6.3. Termination.

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

6.4. Effect of Termination.

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

7. Miscellaneous.

7.1. Entire Agreement.

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

7.2. Changes to the Terms.

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

7.3. Third Party Beneficiaries.

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

7.4. Independent Contractors.

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

7.5. Publicity.

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

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