Streamer Platform Dispute Demand Letters

Twitch, YouTube, Kick | Wrongful Bans, Revenue Disputes, Partner Agreements

Streamer Platform Disputes Overview
Platform Power Imbalance: Streaming platforms like Twitch, YouTube, and Kick hold enormous power over creators. They can ban channels, withhold revenue, and terminate partnerships with limited recourse. Understanding your rights under Partner/Affiliate agreements and identifying platform obligations can help level the playing field when disputes arise.
Common Platform Disputes
Dispute Type Description Affected Streamers
Wrongful channel ban Account suspended or terminated for alleged ToS violation All streamers; Partners may have additional protections
Payout withholding Platform holds earned revenue past payment date Affiliates and Partners with accrued earnings
Partner agreement breach Platform fails to honor negotiated Partner terms Partnered streamers with individual contracts
DMCA strike abuse False copyright claims leading to strikes or termination All streamers using licensed or fair use content
Revenue share disputes Disagreement over percentage or calculation of earnings Partners with negotiated revenue splits
Exclusivity violations Claims of streaming on competing platforms Partners with exclusivity clauses
Platform Agreement Hierarchy
Agreement Type Platform Key Protections
Standard ToS All platforms Minimal protections; broad platform discretion
Affiliate Agreement Twitch, YouTube (YPP), Kick Revenue share terms; basic payment obligations
Partner Agreement Twitch, YouTube, Kick Negotiated terms; may include termination notice, payout guarantees
Exclusive Partner Contract Major streamers Significant protections; specific termination procedures
Platform Comparison
Platform Affiliate Revenue Share Partner Revenue Share Arbitration Clause
Twitch 50% subscriptions 50-70% negotiable Yes - binding arbitration in CA
YouTube 55% ad revenue 55%+ negotiable for top creators Yes - binding arbitration in CA
Kick 95% subscriptions Up to 95% Check current ToS
Facebook Gaming Variable Negotiated Yes - arbitration clause
Arbitration Clauses: Most streaming platform ToS include mandatory arbitration clauses that waive your right to sue in court or join class actions. Review your specific agreement to understand dispute resolution requirements. Some exceptions may apply for small claims or specific claim types.
Channel Ban & Suspension Disputes
Types of Platform Actions
Action Duration Typical Causes Appeal Rights
Temporary suspension 24 hours to 30 days Minor ToS violations, first offenses Appeal through platform process
Indefinite suspension No set end date Serious violations pending investigation Appeal; may require satisfying conditions
Permanent ban Indefinite Severe violations, repeat offenses Limited appeal; may be final
Partner termination Ends Partner status Contract breach, severe ToS violation Per Partner agreement terms
Legal Arguments Against Wrongful Bans

1. Breach of Contract:

  • Platform failed to follow termination procedures in Partner agreement
  • No notice provided when contract required notice period
  • Ban based on conduct not prohibited by agreement at the time
  • Platform failed to provide cure opportunity when required

2. Breach of Implied Covenant of Good Faith:

  • Platform acted arbitrarily or in bad faith
  • Enforcement was discriminatory compared to similar cases
  • Platform used ban to avoid payment obligations
  • Decision-making process was fundamentally unfair

3. Unjust Enrichment:

  • Platform retains revenue earned through your content
  • Your content continues generating ad revenue after ban
  • Platform benefited from your audience while denying you payment

4. Defamation (if public statements made):

  • Platform made false statements about your conduct
  • Public ban announcement contained inaccurate claims
  • False allegations damaged your reputation and career
Platform Appeal Processes

Twitch Appeal Process

  • Appeal through the enforcement notification or appeals.twitch.tv
  • Provide context and evidence for why ban was incorrect
  • Partners may have direct Partner Manager contact
  • Response typically within 7-14 days

YouTube Appeal Process

  • Appeal through YouTube Studio enforcement notifications
  • Request human review of automated decisions
  • Partner Program members may contact Partner Manager
  • External review available through YTPP for monetization appeals
When Platform Appeals Fail

Escalation options after internal appeals:

  1. Formal demand letter: Put platform on notice of legal claims
  2. Arbitration filing: Per ToS requirements; platform must respond
  3. Small claims court: For revenue under jurisdictional limit (may conflict with arbitration clause)
  4. Media/public pressure: High-profile cases may get platform attention
  5. Regulatory complaints: FTC for deceptive practices; state AG for consumer protection
Document Everything: Before and during any dispute, preserve all evidence: screenshots of your dashboard, revenue reports, communications with platform support, Partner agreement copies, and any public statements by the platform about your ban. Platforms may restrict your account access during disputes.
Revenue & Payout Disputes
Common Revenue Issues
Issue Description Your Rights
Delayed payout Payment not received by expected date Demand payment per agreement terms; document delay
Revenue forfeiture Platform claims right to withhold earned revenue after ban Challenge as unenforceable penalty; claim unjust enrichment
Revenue share dispute Disagreement over percentage owed Refer to Partner agreement; request accounting
Chargebacks applied Platform deducts viewer chargebacks from your earnings Review chargeback policy; dispute fraudulent chargebacks
Tax withholding errors Incorrect tax amounts withheld Request correction; provide updated tax forms
Revenue Forfeiture Challenges

Platform position: "When you violate ToS, we can forfeit unpaid earnings."

Legal challenges to forfeiture:

  • Unenforceable penalty: Forfeiture may be an unenforceable contractual penalty if disproportionate to any harm caused
  • Unjust enrichment: Platform retains benefit of your content/services without paying
  • Quantum meruit: You're entitled to reasonable value of services already rendered
  • Unconscionability: One-sided forfeiture terms in adhesion contracts may be unenforceable
  • Waiver/estoppel: If platform previously paid despite similar violations, they may have waived right to forfeit
Payout Thresholds and Timing
Platform Minimum Payout Payment Schedule Payment Delay
Twitch $50 (adjustable to $100) 15th of month following ~15 days after month end
YouTube $100 21st-26th of month ~21 days after month end
Kick Varies by region Weekly or monthly Check current terms
Documenting Revenue Claims
  • Dashboard screenshots: Capture revenue data before account access is restricted
  • Payment history: Export all past payment records
  • Revenue analytics: Subscriber counts, bits, ad impressions, etc.
  • Partner agreement: Revenue share percentages, payment terms
  • Bank/payment records: Confirm actual payments received vs. owed
Act Fast: If you anticipate a dispute, immediately export and screenshot all revenue data from your dashboard. Platforms may restrict access during investigations, making it impossible to prove what you earned. Third-party analytics tools like StreamElements or Streamlabs may have independent records.
Demanding an Accounting

When to demand accounting:

  • You believe you're owed more than platform shows
  • Revenue calculations seem incorrect
  • Platform changed revenue share without notice
  • Chargebacks or deductions seem excessive

What to request:

  • Complete breakdown of revenue by source (subs, bits, ads, etc.)
  • All deductions applied (chargebacks, fees, taxes)
  • Revenue share calculation methodology
  • Comparison to contract terms
Sample Platform Dispute Demand Letters
Sample 1: Wrongful Ban with Revenue Forfeiture
[Your Legal Name] [Address] [Email] [Date] [Platform Name, Inc.] Legal Department [Platform Address] Via Email: [legal@platform.com] Re: Wrongful Channel Termination and Revenue Forfeiture Channel: [Channel Name] Channel ID: [ID Number] Account Email: [Email] Dear Legal Department: I am writing regarding the wrongful termination of my channel on [Date] and [Platform's] unlawful forfeiture of $[Amount] in earned revenue. BACKGROUND: I have been a [Partner/Affiliate] on [Platform] since [Date]. My channel had [X] subscribers/followers and generated approximately $[Amount] in monthly revenue. I complied with all Community Guidelines and Partner Agreement terms throughout my tenure. THE WRONGFUL BAN: On [Date], my channel was permanently banned with the following stated reason: "[Quote platform's stated reason]" This ban was wrongful because: 1. THE STATED VIOLATION DID NOT OCCUR: [Explain why the alleged violation did not happen, with evidence] - I did not [describe alleged conduct] - Evidence shows [describe exculpatory evidence] - The content in question was [explain context] 2. ALTERNATIVELY, THE CONDUCT WAS NOT PROHIBITED: [If conduct occurred but wasn't against rules] - The Community Guidelines in effect on [date] did not prohibit [conduct] - Similar content by other creators has not resulted in bans - No prior warning or strike was issued for this conduct 3. PROCEDURAL VIOLATIONS: - My Partner Agreement Section [X] requires [notice period/cure opportunity] - I was not provided opportunity to [appeal/correct/explain] - The ban was applied without investigation of the facts REVENUE FORFEITURE IS UNLAWFUL: [Platform] is withholding $[Amount] in earned revenue that accumulated before the ban. This forfeiture is unlawful: 1. UNENFORCEABLE PENALTY: Forfeiting earned revenue is a contractual penalty disproportionate to any alleged harm. California law does not enforce penalty clauses. 2. UNJUST ENRICHMENT: [Platform] continues to benefit from my archived content, which generates ad revenue, while denying me payment for services already rendered. 3. QUANTUM MERUIT: I am entitled to reasonable compensation for the value I provided. The revenue represents services already performed - streams broadcast, subscribers entertained, ads displayed. 4. UNCONSCIONABILITY: The forfeiture provision in an adhesion contract, applied after years of compliant service, is procedurally and substantively unconscionable. DEMAND: I demand the following within fourteen (14) days: 1. REINSTATE MY CHANNEL: Remove the permanent ban and restore my channel to full Partner status. 2. PAY WITHHELD REVENUE: Release the $[Amount] in earned revenue that was accrued before termination. 3. PROVIDE EXPLANATION: Deliver a detailed written explanation of the specific conduct that allegedly violated guidelines, including evidence reviewed. 4. REMOVE INTERNAL FLAGS: Clear any internal notations that would prevent future partnership or affect my standing. CONSEQUENCES: If these demands are not met within 14 days: 1. I will initiate arbitration proceedings per Section [X] of the [Platform] Terms of Service, seeking: - Compensatory damages for lost revenue ($[Amount] withheld + ongoing losses) - Declaratory relief that the ban was wrongful - Injunctive relief requiring reinstatement - Attorney fees and arbitration costs 2. I will file complaints with the California Attorney General and FTC regarding deceptive and unfair business practices. 3. I reserve the right to pursue any and all additional legal remedies. I built my channel over [X] years through [describe your work/investment]. [Platform's] arbitrary termination and revenue seizure has damaged my livelihood and reputation. I expect prompt resolution. Sincerely, [Your Signature] [Your Legal Name] [Phone] [Email] Enclosures: - Copy of Partner Agreement - Revenue dashboard screenshots - Evidence regarding alleged violation - Appeal correspondence
Sample 2: Revenue Withholding Demand
[Your Name] [Email] [Date] [Platform Name, Inc.] Creator Payments / Legal Department [Address] Re: Demand for Payment of Accrued Revenue Channel: [Channel Name] Amount Due: $[Amount] Expected Payment Date: [Date] Dear [Platform]: I am writing to demand immediate payment of $[Amount] in revenue earned through my [Platform] channel that has been improperly withheld. PAYMENT OBLIGATION: Per my [Affiliate/Partner] Agreement dated [Date]: - Revenue share: [X]% of [subscription/ad revenue] - Payment threshold: $[Amount] - Payment schedule: [e.g., "15th of month following accrual"] My dashboard shows accrued revenue of $[Amount] as of [Date]. Payment should have been issued on [Date] but has not been received. PLATFORM'S POSITION: When I contacted Creator Support on [Date], I was told: "[Quote their response]" This position is incorrect/insufficient because: [Explain why their excuse fails - e.g., no investigation justifies indefinite hold, no ToS violation occurred, etc.] DEMAND: I demand payment of $[Amount] within seven (7) days. If payment is not received, I will: 1. Initiate arbitration for breach of the [Affiliate/Partner] Agreement 2. Seek recovery of the withheld amount plus interest and attorney fees 3. Report [Platform] to the FTC for unfair business practices 4. Publicize [Platform's] failure to pay creators (protecting my reputation requires transparency) Revenue was earned through legitimate activity. Withholding payment without valid legal basis is breach of contract. Sincerely, [Your Name] [Channel Name]
Sample 3: Partner Agreement Breach
[Your Name] [Address] [Date] [Platform Name, Inc.] Partnerships / Legal Department [Address] Re: Breach of Partner Agreement Partner Since: [Date] Agreement Date: [Date] Breaches: [List key issues] Dear [Platform]: I am writing regarding [Platform's] material breaches of our Partner Agreement dated [Date]. AGREED TERMS: Our Partner Agreement includes the following material terms: - Revenue share: [X]% of subscriptions and [Y]% of ad revenue - Exclusivity: [Describe any exclusivity terms] - Promotion: [Platform] agreed to [promotional support/featuring] - Termination: [Notice period and cure rights] BREACHES: [Platform] has breached the Agreement as follows: 1. REVENUE SHARE VIOLATION: My Agreement specifies [X]% revenue share. Dashboard analytics show I am receiving only [Y]%. Over the past [X] months, this shortfall totals approximately $[Amount]. 2. PROMOTIONAL COMMITMENTS: [Platform] agreed to [describe promotional commitment]. This has not occurred. [Describe specific failures.] 3. [OTHER BREACHES AS APPLICABLE] DEMAND: I demand the following within fourteen (14) days: 1. Payment of $[Amount] representing revenue shortfall from incorrect revenue share 2. Immediate correction of revenue share to contracted [X]% 3. Fulfillment of promotional commitments per Section [X] of Agreement 4. Written confirmation of compliance going forward CONSEQUENCES: Failure to cure these breaches will result in: - Termination of exclusivity obligations (if applicable) - Arbitration seeking damages for all revenue losses - Recovery of attorney fees per Agreement Section [X] I entered this Partnership in good faith and expect [Platform] to honor its commitments. Sincerely, [Your Name]
DMCA Strike Disputes
How DMCA Strikes Affect Streamers
Strike Count Twitch Consequence YouTube Consequence
1 strike Warning; content removed Warning; content removed; 7-day restrictions
2 strikes Temporary suspension possible 2-week upload/stream restriction
3 strikes Account termination Channel termination
Challenging False DMCA Claims

Step 1: File Counter-Notification

  • Submit through platform's counter-notification process
  • State under penalty of perjury that content was removed in error
  • Include your contact information and consent to jurisdiction
  • Claimant has 10-14 business days to file lawsuit or content is restored

Step 2: Document the False Claim

  • Save copy of original DMCA notification
  • Document why claim is false (you own content, have license, or fair use)
  • Identify the claimant for potential legal action

Step 3: Consider Legal Action Against False Claimant

  • 17 U.S.C. 512(f): Damages for knowingly false DMCA claims
  • Tortious interference: Claimant interfered with your business relationships
  • Defamation: False claim implies you're a copyright infringer
  • Abuse of process: Using DMCA for improper purposes
Common False DMCA Scenarios
Scenario Why It's False Evidence Needed
Licensed music claimed You have valid license for the music License agreement, receipt, whitelist confirmation
Original content claimed You created the content being claimed Source files, creation dates, drafts
Fair use content Your use is transformative/commentary Analysis of fair use factors
Public domain content Content has no valid copyright Copyright expiration documentation
Competitor abuse Competitor filing to harm your channel Pattern of claims, competitive relationship
Sample Counter-Notification
DMCA COUNTER-NOTIFICATION To: [Platform] Designated Agent [Address] [Email] I am filing this counter-notification pursuant to 17 U.S.C. Section 512(g). IDENTIFICATION OF REMOVED CONTENT: The content removed was: [Describe content - video title, VOD, clip] URL (if known): [URL] Removal date: [Date] STATEMENT UNDER PENALTY OF PERJURY: I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. BASIS FOR COUNTER-NOTIFICATION: [Choose applicable reason] - I am the original creator of this content - I have a valid license to use this content (see attached) - My use constitutes fair use under 17 U.S.C. Section 107 - The content is in the public domain - The claimant does not own the rights they claim [Provide specific details supporting your position] CONTACT INFORMATION: Name: [Legal Name] Address: [Full Address] Phone: [Phone Number] Email: [Email] CONSENT TO JURISDICTION: I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located, or if my address is outside the United States, the judicial district in which [Platform] is located. I will accept service of process from the person who provided the original DMCA notification or their agent. SIGNATURE: [Signature] [Printed Name] [Date]
Perjury Warning: Counter-notifications are made under penalty of perjury. Only file if you genuinely believe the DMCA claim was mistaken or you have a valid defense (license, fair use, original creation). False counter-notifications can result in legal liability.
Attorney Services - Platform Disputes
Platform Wronged You? Fight Back.

I represent streamers in disputes with Twitch, YouTube, Kick, and other platforms. From wrongful bans to revenue withholding to false DMCA claims, I understand the creator economy and know how to get platforms to respond.

Services Offered
  • Demand letters for wrongful bans and revenue disputes
  • Partner agreement review and breach claims
  • Arbitration representation per platform ToS
  • DMCA counter-notification and 512(f) claims against false filers
  • Revenue accounting demands and enforcement
  • Negotiation with platform legal departments
  • Contract review for new Partner agreements
Fee Structures
  • 📄 Demand letter: Flat fee $450
  • ⏱️ Extended negotiation: $240/hr
  • 📊 Contingency: 33-40% for strong claims
Why Specialized Experience Matters
Creator Economy Expertise: Platform disputes require understanding both the legal framework (contract law, arbitration, DMCA) and the industry realities (how platforms actually operate, what gets their attention, standard Partner terms). I've handled disputes against major platforms and know how to effectively advocate for creators.
Schedule a Call

Book a call to discuss your platform dispute. Whether you've been wrongfully banned, have revenue withheld, or are facing false DMCA claims, I'll assess your situation and recommend the best strategy for resolution.

Contact Information

Email: owner@terms.law

Frequently Asked Questions
Technically you can pursue legal claims, but platform ToS typically requires arbitration rather than court. Claims are possible for breach of contract (if they violated Partner agreement terms), breach of implied covenant of good faith, unjust enrichment (keeping revenue you earned), and in some cases defamation. Success depends on specific facts - documented procedural violations or clear bad faith significantly strengthen claims.
Options include: (1) Checking if your claim is exempt (some clauses exclude small claims court), (2) Arguing unconscionability if the arbitration terms are extremely one-sided, (3) Proceeding with arbitration but using it strategically - platforms often settle to avoid arbitration costs, (4) Checking if you opted out of arbitration during any opt-out period after ToS updates. An attorney can evaluate which approach fits your situation.
Options include: (1) Contingency fee arrangements where the attorney takes a percentage only if you win, (2) Limited scope representation (attorney drafts demand letter, you handle follow-up), (3) Small claims court for amounts under your state's limit (no attorney needed), (4) Self-representation in arbitration with attorney coaching. For strong claims with significant revenue at stake, many attorneys will take cases on contingency.
Statutes of limitations for contract claims are typically 4-6 years depending on state. However, arbitration clauses may have shorter notice requirements - check your ToS for any deadlines to file disputes. Practically, acting quickly is important because: (1) Evidence becomes harder to gather, (2) Platforms may argue delay waived your claims, (3) Revenue continues to be affected. File appeals and demands promptly.
Check your Partner agreement for exclusivity terms. If you had exclusivity, it may terminate upon the ban (check contract language). If you were Affiliate-only, there's typically no exclusivity. Starting fresh on a new platform is your right, but be aware: (1) Your banned platform account likely cannot be used to promote the new channel, (2) The ban may affect your reputation on other platforms, (3) Exclusivity disputes may arise if you're later reinstated.
Potential damages include: (1) Withheld revenue (the amount platform kept), (2) Lost future earnings (harder to prove - need to show specific lost opportunities), (3) Reputational damages (if defamatory statements made), (4) Attorney fees if contract includes fee-shifting. Punitive damages are generally not available for contract claims. Focus on documenting concrete financial losses with specificity.

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