Supplier Agreement Terms and Conditions

3 April 2018

The Film Supplier Agreement consists of your online film registration and the terms and conditions set out below.

We are keen to be of value to filmmakers, distributors and other parties who have the legal right to license a film for sale online with WorldFilm.

Therefore we recommend that you familiarize yourself with the terms and conditions to ensure that you are able to license your film according to theregions and terms outlined here and in the online registration.

Terminology

The “Agreement” refers to the WorldFilm Film Supplier Agreement

“We,” “us,” or “our” refers to World Film , World Film or any of its affiliate companies or websites.

You” or “your” refers to the applicant.

TheWebsite” means the WorldFilm website.

Participation

By checking (ticking) the box indicating that you agree to the terms andconditions of this agreement, or by continuing to participate as a supplier of films, you agree to be bound by this agreement and its requirements, and that you have independently evaluated your decision to participate.

You also agree to changes to this agreement by our posting of changes, or by a revised agreement. You also warrant that you are over 18 years of age andthat you are legally able to enter into this agreement and that you are the owner of the online rights to the video content referred in your registration or an authorized representative of the right owner.

If you represent a company in this agreement, then the person representing that company or entity in this agreement also warrants that he or she is authorized and legally able to bind the company to this agreement.

1. Description

The purpose of the agreement is to enable you to sell commercially produced film and video through the WorldFilm website and its affiliates, noting that:

  1. This is a non-exclusive agreementto sell your film(s) online through WorldFilm (and its affiliates) within the countries or regions that you have specified in the online registration form, according to the terms and conditions outlined here.
  2. By completing and accepting this agreement you agree to give WorldFilm (and its affiliates), the online rights to sell your film(s)in the form of video streaming, or video download or other forms as specified within the countries or regions that you have specified in the online registration form.
  3. The film will bepurchased by the end customersin a digital video format whether it is streamed, or downloaded or any other format that is purchased through WorldFilm
  4. The film(s) will all be suppliedto us as digital video via our uploading facilities on our website subject to the compatibility of our required formats
  5. We hold the right to use your trailer, artwork (eg posters) and/or segments of your film for promotion of your filmas we deem appropriate
  6. All films must be at least20 minutesin length
  7. You will receive a percentage of salesfrom your film, which will be sent to a nominated account (see below) – the percentage of sales you will receive from your film is stated in the registration form.

2. Registration

To register, you need to sign up as a member and then you need to submit a complete and accurate online Registration Form. Your registration will be processed automatically. When you have registered your film details, an email will be sent regarding the options for sending the video content to us. We will then undertake a verification process then your film(s) will be placed in our catalogue where it/they will be available for sale online.

We reserve the right to evaluate your application and notify you if it breaches our agreement or operating principles in which case your registration and films can be suspended or terminated. We may also reject your registration if we determine that your film(s) is/are unsuitable. Unsuitable films are those that include unacceptable content, which may:

  1. Promote or contain violent materials, sexually explicit materials or libelous or defamatory materials
  2. Promote or undertake illegal activities or discrimination, or employ discriminatory practices, as may be applied to gender, race, ethnicity, religion, nationality, disability, sexual orientation or age
  3. Violate or inappropriately use any intellectual property rights that apply to WorldFilm (eg designs, trademarks etc) and or any other person or entity.

If we reject your application, you are welcome to reapply at any time but, if we accept your application and we later determine that your film is unsuitable, we may terminate your Agreement.

3. Communication

You will ensure that the information in your Registration Form and your account, including your email address and other contact information is at all times complete, accurate, and up-to-date. We may send notifications and other communications relating to this agreement to the email address then-currently associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

You will provide us with any information that we request to verify that you do comply with this Agreement. If we determine that you have not complied with any Requirement or that you have in any way violated this Agreement, we may withhold any fees payable to you under this Agreement, terminate this Agreement, or both, in addition to any other rights or remedies available to us. You also consent to us sending you emails relating to the Agreement.

4. Licensing

By agreeing the these terms and conditions, you are granting WorldFilm a non-exclusive license to the online rights for selling your film to the countries or regions specified in the entry form. We do not and nor do we intend to own the copyright to the film(s) that you have registered here.

If you have granted another organization the exclusive online rightsto sell your film into a particular region then we cannot legally sell it online into that region for you. If you fail to specify that information here in the entry form, you may be in breach of your other licensing or distribution agreements and could be held legally liable.

By agreeing to these terms and conditions you warrant that you have accurately registered your films(s) within the legal conditions of prior agreements and you indemnify WorldFilm and its affiliates from any legal liability from licensing breaches.

You are also granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of WorldFilm.com  so long as the link does not portray WorldFilm, or its products or services in a false, misleading, derogatory, or otherwise offensive matter.

5. Royalty Payment

We will pay you royalties on a quarterly or annual basis basis for films/videos sold (streamed, or downloaded, or any other format that is purchased) through WorldFilm (as applicable) in a given month, subject to any applicable withholding or deduction described below. We will pay you approximately 30 days following the end of each calendar year.

Initially we will be operating with PayPal accounts. When you have selected an account we will directly deposit the royalties you earn into the account that you designate, but we will accrue and withhold royalties until the total amount due to you is a minimum of $100. If you have not nominated a PayPal account, we will withhold any unpaid accrued royalties until you have done so.

The Royalty & Pricing Schedule may change from time to time. To see the current Royalty & Pricing Schedule, go: ROYALTY & PRICING LINK.

6. Customer Policy and Pricing

Customers who buy films through WorldFilm are our customers with respect to all activities they undertake in connection with the WorldFilm site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and operating procedures concerning customer orders, customer service, and product sales set forth on the WorldFilm site will apply to those customers, but we may change them at any time at our discretion.

The Royalty & Pricing Schedule may change from time to time. To see the current Royalty & Pricing Schedule, go: ROYALTY & PRICING LINK.

7. Compliance with Law

Under this Agreement you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state, or otherwise) that govern online retail, marketing and email.

8. Termination

This Agreement will begin upon our acceptance of your application and will be held in perpetuity unless terminated by either party.

We may terminate this Agreement at any time, with or without cause. You may apply to terminate this Agreement by giving us written notice to terminate and we will assess you application and if granted we will adjust payments for our processing costs from commencement (normally granted for free) and at termination.We may withhold accrued unpaid fees for a reasonable period of time following termination to ensure that the correct amount is paid.

No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.

9. Modification

We hold the right to modify any of the terms and conditions contained in this Agreement at any time and at our sole discretion by posting a change notice or revised agreement.

If any changes are not acceptable to you, you have the right to terminate this agreement but that is your only recourse. Your continued participation following the posting of changes by us constitutes your continued and binding acceptance to the revised terms and conditions of this agreement.

10. Liability

Under this agreement, we that is WorldFilm and its affiliates, are not liable for any damages incurred by you including any loss of revenue, profits, goodwill, usage or data that arise from this agreement or your participation in WorldFilm and its affiliates.

11. Disclaimers

The WorldFilm service is provided “as is” and thus WorldFilm (and its affiliates) make no representations nor warrant beyond that available service. We may change or discontinue any service offering at any time.

Neither we, nor our licensors will be responsible for any errors or inaccuracies or service interruptions or deletion, destruction, damage or loss of content or data obtained from you. In addition we will not be held responsible for any damages, compensation or reimbursements for your business operations in relation to your revenues, sales, investments, expenditure, goodwill etc.

This is purely a Film Supplier Agreement and does notcreate any partnership, joint venture, agency, franchise or employment relationship between you and us or our respective associates.

12. Disputes

Dispute relating in any way to this Agreement will be adjudicated in any state or federal court in the state of New South Wales Australia, and you hereby consent to exclusive jurisdiction and venue in those courts. The laws of the State of New South Wales, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between you and us.

13. Miscellaneous

This Agreement may not be assigned by you to another party without our express prior written approval. Subject to that restriction, this Agreement will be binding on and be enforceable against the parties and their respective successors and assigns.

Royalty & Pricing Schedule

Royalty

The fees paid to the Film Supplier (the Royalty) is 70% of sales for documentaries less online transaction costs (downloading costs and financial fees)

Pricing

Pricing of all content at present is as follows:

Streaming

Item Video Length
  20-40 Mins 40-60 Mins 60 Mins Plus
New release

(up to 6 months)

4.00 4.50 5.00
Standard 2.99 3.49 3.99

 We may change pricing at any stage without amending the agreement so the WorldFilm can operate within industry benchmarks and competitive market conditions.

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