Last updated: Aug 11th, 2024
GreenStreak, Corp. Developer Spotlight Agency Representation Agreement
This Developer Spotlight Agency Representation Agreement is entered into as of [DATE] (the “Effective Date”) by and between GreenStreak, Corp. (the “Agency”), a corporation organized and existing under the laws of the State of Nevada, United States and having its principal place of business located at 848 N. Rainbow Blvd, Unit #8043 Las Vegas, NV 89107, and [Developer.First Name], [Developer.Last Name] (the “Developer”), having its principal place of business located at [Developer.Address], both of whom agree to be bound by this Agreement.
WHEREAS, the Agency owns and operates a customer engagement and retention platform, in tandem with other promotional and analytical services, as described in Exhibit A (the “Business Plan - Executive Summary”); and
WHEREAS the Agency and Developer desire to enter into an agreement whereby the Developer will produce a digital artefact classified as: an arcade style mini-game in line with the GreenStreak platform’s fun and friendly, yet competitive, design scheme. GreenStreak’s arcade game design scheme is that of a non-chance based, 2D or 3D, score driven competition, whereby GreenStreak account holders compete against one another for high scores. Scoring mechanics are regulated by that of proprietary algorithms configured so as to eliminate the element of chance during gameplay.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Agency and the Developer (individually, each a “Party” and collectively the “Parties”) covenant and agree as follows:
1. Assignment of Right
The Developer hereby authorizes the Agency the right to market, and offer for download, the digital artefact according to the terms and limitations stated in this Developer Spotlight Agency Representation Agreement.
A. The Agency shall incorporate the Developer’s digital artefact into its Arcade.
B. The Developer reserves the right to request removal of the digital artefact from the Arcade upon a 30-day written notice.
2. Publication Rights & Governing Law
A. The Developer Spotlight Agency Representation Agreement grants authority to the Agency, for the duration of the agreement, to promote, market, and leverage, the digital artefact produced by the Developer.
B. This Agreement will be construed in accordance with, and governed by, the laws of the State of Nevada.
3. Exclusivity
A. The Agency shall be the exclusive party authorized to market and promote the digital artefact as part of the developer-agency relationship.
B. In the event that the digital artefact is found to have been promoted, or offered for download, via a platform other than the Agency’s, this Agreement will be in breach and will be terminated henceforth immediately.
4. Copyright and Trademark Rights
The Developer agrees and acknowledges the following regarding the Agency’s copyrights and trademarks:
A. The Agency is the sole and exclusive owner to all rights (including all intellectual property rights), title, and interest in GreenStreak’s text and coin logo works, or to any other copyrights or trademarks associated with the Agency, which the Developer may utilize in performing the services herein.
B. The digital artefact’s cover image shall have the Agency’s hemp leaf poker chip coin logo affixed to the top left corner of the cover image to produce a uniform consistency across all Arcade game offerings. See Exhibit B (the “Uniform Arcade Game Cover Image Rendition”) for an example cover image.
5. Agency Responsibilities
In marketing and promoting the digital artefact as part of this Developer Spotlight Agency Representation Agreement, the Agency shall, in good faith:
A. Act with diligence, devoting reasonable time and effort to fulfill the duties described herein;
B. Maintain reasonable technical and practical knowledge about the digital artefact;
C. Utilize the Arcade and all GreenStreak platform functionality for the purpose of marketing and promoting the digital artefact;
D. Promptly respond to all communications by account holders regarding the digital artefact;
E. Reasonably assist the Developer with any and all talent identified inquires or procurement proposals;
F. Prepare and maintain any account holder activity reports and documentation pertaining to the usage metrics of the digital artefact;
G. Bear all costs and liabilities retaining to the hosting and dissemination of the digital artefact.
6. Commission
The Agency shall pay to the Developer X% of Entry Fees generated by the digital artefact for the duration of the time the artefact is contained within the Arcade. “Entry Fees” shall be defined as the amount of GSC TKs (GreenStreak, Corp. Tokens), and their corresponding USD (United States Dollar) value, generated by the digital artefact.
A. Should the Parties terminate this Agreement for any reason, giving 30 days written notice of the termination, the Agency shall pay the Developer only for Entry Fees generated by the digital artefact before the termination date.
B. If the Agency receives Entry Fees that subsequently require reimbursement, are charged back, or the Agency otherwise fails to realize the income from such an Entry Fee, the Developer shall offset any future Entry Fee payment paid by the amount by which the Entry Fees actually paid would be reduced if the Entry Fees associated with income the Agency failed to realize were never completed.
C. Payments shall be made to the Developer on or before X for the Y.
7. Status of Employment
Nothing in this Agreement will be construed to create an employer-employee relationship between the Agency and the Developer. Both Parties acknowledge that this Agreement does not create a joint venture or partnership between them, and that this Agreement is solely for the marketing and promotion of the digital artefact.
8. Inspection and Approval
To enforce and verify the Agency’s obligations under this Agreement, and to verify the quality of the marketing of the digital artefact, upon no less than 30 days written notice, the Agency will permit, and assist, the Developer to:
A. Receive analytical metrics relating to the marketing and promotion of the digital artefact;
B. View Entry Fees generated by the digital artefact for any period of time;
C. View account holder usage and engagement metrics for the digital artefact.
9. Confidentiality
During this Agreement and the marketing of the digital artefact, the Agency may share proprietary knowledge such as digital artefact mechanics, system designs, and other confidential knowledge with 3rd party clients on an as needed basis. In signing this Agreement, the Developer acknowledges and agrees to forgo any of the following:
A. Hold the Agency liable for discussing any digital artefact designs or mechanics with interested 3rd parties for the purposes of helping the Developer secure employment or additional work contracts;
B. Discuss any Agency documentation, information, or conversations that have been shared during the entirety of this Agreement.
10. Term and Termination
This Agreement shall commence upon the Effective Date and continue until either Party terminates this Agreement in writing.
The Developer Spotlight Agency Representation Agreement can be terminated in the following ways:
A. Through notice termination, which means that either Party can terminate this Agreement upon a 30-day written notice.
B. Through natural termination, which means that either Party can terminate this Agreement due to the other’s breach of any part of this Agreement, including, but not limited to: insolvency, liquidation, bankruptcy, death, or disability.
Upon termination of this Agreement, the Agency will cease marketing and promotional efforts of the digital artefact and will remove the digital artefact from the GreenStreak Arcade. Additionally, the Developer will waive any rights to continue associating with GreenStreak, Corp.
11. Severability
It is the desire and the intent of the parties that the terms and conditions of this Agreement shall be enforced to the fullest extent permitted under applicable laws. Accordingly, if any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, or becomes by operation of law invalid or unenforceable, then this Agreement shall be deemed amended to delete therefrom the portion that is adjudicated, or which becomes by operation of law invalid or unenforceable, such deletion to apply only with respect to the operation of that term or condition and the remainder of this Agreement full force and effect.
12. Indemnification
The Developer agrees to indemnify, defend, and protect the Agency from and against all legal action and costs of every kind pertaining to any violation of the law, This Agreement, or the rights of any third party by the Developer while acting pursuant to this Agreement. Such costs include but are not limited to reasonable legal fees and attorneys’ fees.
This indemnity obligation will remain in full force and effect after termination of the Agreement by either party.
13. Non-Amendable
No amendment or modification of the terms of this Agreement shall be valid unless in writing and agreed upon by both Parties.
14. Notices.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
If to :
(Developer)
Address:
[Developer.Address]
If to GREENSTREAK CORP.:
848 N. Rainbow Blvd, Unit #8043
Las Vegas, NV 89107
15. No Implied Waiver.
Either party's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
16. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.
GreenStreak, Corp. Developer Spotlight Agency Representation Agreement
This Developer Spotlight Agency Representation Agreement is entered into as of [DATE] (the “Effective Date”) by and between GreenStreak, Corp. (the “Agency”), a corporation organized and existing under the laws of the State of Nevada, United States and having its principal place of business located at 848 N. Rainbow Blvd, Unit #8043 Las Vegas, NV 89107, and [Developer.First Name], [Developer.Last Name] (the “Developer”), having its principal place of business located at [Developer.Address], both of whom agree to be bound by this Agreement.
WHEREAS, the Agency owns and operates a customer engagement and retention platform, in tandem with other promotional and analytical services, as described in Exhibit A (the “Business Plan - Executive Summary”); and
WHEREAS the Agency and Developer desire to enter into an agreement whereby the Developer will produce a digital artefact classified as: an arcade style mini-game in line with the GreenStreak platform’s fun and friendly, yet competitive, design scheme. GreenStreak’s arcade game design scheme is that of a non-chance based, 2D or 3D, score driven competition, whereby GreenStreak account holders compete against one another for high scores. Scoring mechanics are regulated by that of proprietary algorithms configured so as to eliminate the element of chance during gameplay.
NOW, THEREFORE, in consideration of the mutual covenants and promises made by the parties hereto, the Agency and the Developer (individually, each a “Party” and collectively the “Parties”) covenant and agree as follows:
1. Assignment of Right
The Developer hereby authorizes the Agency the right to market, and offer for download, the digital artefact according to the terms and limitations stated in this Developer Spotlight Agency Representation Agreement.
A. The Agency shall incorporate the Developer’s digital artefact into its Arcade.
B. The Developer reserves the right to request removal of the digital artefact from the Arcade upon a 30-day written notice.
2. Publication Rights & Governing Law
A. The Developer Spotlight Agency Representation Agreement grants authority to the Agency, for the duration of the agreement, to promote, market, and leverage, the digital artefact produced by the Developer.
B. This Agreement will be construed in accordance with, and governed by, the laws of the State of Nevada.
3. Exclusivity
A. The Agency shall be the exclusive party authorized to market and promote the digital artefact as part of the developer-agency relationship.
B. In the event that the digital artefact is found to have been promoted, or offered for download, via a platform other than the Agency’s, this Agreement will be in breach and will be terminated henceforth immediately.
4. Copyright and Trademark Rights
The Developer agrees and acknowledges the following regarding the Agency’s copyrights and trademarks:
A. The Agency is the sole and exclusive owner to all rights (including all intellectual property rights), title, and interest in GreenStreak’s text and coin logo works, or to any other copyrights or trademarks associated with the Agency, which the Developer may utilize in performing the services herein.
B. The digital artefact’s cover image shall have the Agency’s hemp leaf poker chip coin logo affixed to the top left corner of the cover image to produce a uniform consistency across all Arcade game offerings. See Exhibit B (the “Uniform Arcade Game Cover Image Rendition”) for an example cover image.
5. Agency Responsibilities
In marketing and promoting the digital artefact as part of this Developer Spotlight Agency Representation Agreement, the Agency shall, in good faith:
A. Act with diligence, devoting reasonable time and effort to fulfill the duties described herein;
B. Maintain reasonable technical and practical knowledge about the digital artefact;
C. Utilize the Arcade and all GreenStreak platform functionality for the purpose of marketing and promoting the digital artefact;
D. Promptly respond to all communications by account holders regarding the digital artefact;
E. Reasonably assist the Developer with any and all talent identified inquires or procurement proposals;
F. Prepare and maintain any account holder activity reports and documentation pertaining to the usage metrics of the digital artefact;
G. Bear all costs and liabilities retaining to the hosting and dissemination of the digital artefact.
6. Commission
The Agency shall pay to the Developer X% of Entry Fees generated by the digital artefact for the duration of the time the artefact is contained within the Arcade. “Entry Fees” shall be defined as the amount of GSC TKs (GreenStreak, Corp. Tokens), and their corresponding USD (United States Dollar) value, generated by the digital artefact.
A. Should the Parties terminate this Agreement for any reason, giving 30 days written notice of the termination, the Agency shall pay the Developer only for Entry Fees generated by the digital artefact before the termination date.
B. If the Agency receives Entry Fees that subsequently require reimbursement, are charged back, or the Agency otherwise fails to realize the income from such an Entry Fee, the Developer shall offset any future Entry Fee payment paid by the amount by which the Entry Fees actually paid would be reduced if the Entry Fees associated with income the Agency failed to realize were never completed.
C. Payments shall be made to the Developer on or before X for the Y.
7. Status of Employment
Nothing in this Agreement will be construed to create an employer-employee relationship between the Agency and the Developer. Both Parties acknowledge that this Agreement does not create a joint venture or partnership between them, and that this Agreement is solely for the marketing and promotion of the digital artefact.
8. Inspection and Approval
To enforce and verify the Agency’s obligations under this Agreement, and to verify the quality of the marketing of the digital artefact, upon no less than 30 days written notice, the Agency will permit, and assist, the Developer to:
A. Receive analytical metrics relating to the marketing and promotion of the digital artefact;
B. View Entry Fees generated by the digital artefact for any period of time;
C. View account holder usage and engagement metrics for the digital artefact.
9. Confidentiality
During this Agreement and the marketing of the digital artefact, the Agency may share proprietary knowledge such as digital artefact mechanics, system designs, and other confidential knowledge with 3rd party clients on an as needed basis. In signing this Agreement, the Developer acknowledges and agrees to forgo any of the following:
A. Hold the Agency liable for discussing any digital artefact designs or mechanics with interested 3rd parties for the purposes of helping the Developer secure employment or additional work contracts;
B. Discuss any Agency documentation, information, or conversations that have been shared during the entirety of this Agreement.
10. Term and Termination
This Agreement shall commence upon the Effective Date and continue until either Party terminates this Agreement in writing.
The Developer Spotlight Agency Representation Agreement can be terminated in the following ways:
A. Through notice termination, which means that either Party can terminate this Agreement upon a 30-day written notice.
B. Through natural termination, which means that either Party can terminate this Agreement due to the other’s breach of any part of this Agreement, including, but not limited to: insolvency, liquidation, bankruptcy, death, or disability.
Upon termination of this Agreement, the Agency will cease marketing and promotional efforts of the digital artefact and will remove the digital artefact from the GreenStreak Arcade. Additionally, the Developer will waive any rights to continue associating with GreenStreak, Corp.
11. Severability
It is the desire and the intent of the parties that the terms and conditions of this Agreement shall be enforced to the fullest extent permitted under applicable laws. Accordingly, if any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, or becomes by operation of law invalid or unenforceable, then this Agreement shall be deemed amended to delete therefrom the portion that is adjudicated, or which becomes by operation of law invalid or unenforceable, such deletion to apply only with respect to the operation of that term or condition and the remainder of this Agreement full force and effect.
12. Indemnification
The Developer agrees to indemnify, defend, and protect the Agency from and against all legal action and costs of every kind pertaining to any violation of the law, This Agreement, or the rights of any third party by the Developer while acting pursuant to this Agreement. Such costs include but are not limited to reasonable legal fees and attorneys’ fees.
This indemnity obligation will remain in full force and effect after termination of the Agreement by either party.
13. Non-Amendable
No amendment or modification of the terms of this Agreement shall be valid unless in writing and agreed upon by both Parties.
14. Notices.
Any notice required by this Agreement or given in connection with it, shall be in writing and shall be given to the appropriate party by personal delivery or by certified mail, postage prepaid, or recognized overnight delivery services.
If to :
(Developer)
Address:
[Developer.Address]
If to GREENSTREAK CORP.:
848 N. Rainbow Blvd, Unit #8043
Las Vegas, NV 89107
15. No Implied Waiver.
Either party's failure to insist in any one or more instances upon strict performance by the other party of any of the terms of this Agreement shall not be construed as a waiver of any continuing or subsequent failure to perform or delay in performance of any term hereof.
16. Headings.
Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent.