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SIGNUP TERMS AND CONDITIONS:
SALES COMMISSION AND FEES: A 25% sales commission fee will be applied to all gross receipts earned by FILMTVMART from each title distributed in North America and or licensed to a domestic or International distributor. FILMTVMART will deduct and keep its commission fee first from all gross receipts of the license fee and then submit the balance to the content owner of the film or title licensed.
NO PERFORMANCE GUARANTEE: The Parties acknowledge that exploiting motion pictures is a speculative business. As such, neither Party makes any representation or warranty, express or implied, regarding the ability to conclude any Distribution Agreement, to exploit your title, or to earn or collect any Gross Receipts. Any estimates or projections about possible Distribution Agreements or performance of your title are statements of opinion only.
REFUND POLICY: All sales are final for services rendered by FILMTVMART, including Monthly Fees, Encoding Fees, Sales Estimates, creation of Key Art,, Trailer Editing and all other services provided.
ACCESS: You can access, edit and/or update your FILMTVMART Account at any time by signing into your "My Account" page, and then accessing the "My Account" section from the internal part of the website. It is your responsibility to make sure that all information on your My Account page is truthful, complete, current and accurate.
FILM DISTRIBUTION AND INTERNATIONAL SALES AGREEMENT AND TERMS:
Producer hereby appoints FlixHouse Global LLC (hereinafter "FHG") the owner and operator of the website FILMTVMART.com as the exclusive representative for the picture being submitted by Producer through FILMTVMART.com, for the purposes of exploiting the picture by (FHG) on behalf of Producer in one or all of the following rights and territories.
Producer and FHG will execute a printed Sales Agency Agreement in accordance with the following general terms and conditions:
___ United States, its territories and Canada - OR
___ The World except the United States, its territories and Canada - OR
___ The World.
2. RIGHTS: All exclusive rights in the Picture in all distribution media now known or later arising: Cinematic, Ancillary, PayPerView, Video, Pay TV, Free TV, and Demand View (Internet, Non-Internet and Wireless), Free VOD, AdVOD (advertising VOD), TVOD (Transactional VOD), SVOD (Subscription VOD).
3. TERM: Commencing on the date of the service purchased through the website and continuing for two (2) years from complete Delivery.
4. PRODUCER'S SHARE OF GROSS RECEIPTS: 75% from all gross sales receipts received by FHG.
5. SALES COMMISSION: FHG will be entitled and will deduct 25% sales commission from all gross receipts earned.
6. DISTRIBUTION EXPENSES: Producer will advance all distribution expenses either on a month to month bases determined by plan purchased or pay in full the total discounted amount.
7. WARRANRIES: Both FHG and Producer warrant and represent that they have the necessary legal rights to enter into this agreement.
8. CREDIT: FHG will comply with all contractual credit obligations as provided by the Producer. FHG will be accorded a “FlixHouse Presents” credit at the head of the picture in FHG territories and Media.
9. FINAL CUT: No changes to the cut of the film will be made by FHG or its affiliates, except for title, legal or censorship requirements, without Producer’s written consent.
10. DELIVERY: Producers shall provide technically acceptable film and sound elements, based upon delivery schedule. If Producers do not provide elements in the delivery schedule, then FHG may cover costs, plus a 20% servicing fee on the costs of such elements to cover FHG's overhead (“servicing fee”) from the gross receipts. Delivery will be deemed completed when Producer has delivered all elements in the schedule, which the Parties have agreed are Producer’s, and not FHG’s responsibility to deliver.
11. ACCOUNTING AND PAYMENTS: FHG will render accounting reports and payments quarterly. Producer will have the right to audit at least once per year and materials and records will be stored in Los Angeles.
12. ARBITRATION: Any dispute under this Agreement will be resolved by final and binding arbitration under the Rules For International Arbitration of IFTA® in effect when the arbitration is filed (“IFTA® Rules"). Each Party waives any right to adjudicate any dispute in any other court or forum, except that a Party may seek interim relief before the start of arbitration as allowed by the IFTA® Rules. The arbitration will be held in Los Angeles, CA. The Parties will abide by any decision in the arbitration and any court having jurisdiction may enforce it. The Parties submit to the jurisdiction of the courts in the Forum to compel arbitration or to confirm an arbitration award. The Parties agree to accept service of process in accordance with the IFTA® Rules.
13. THIRD PARTY PRTICIPATION: Producers are responsible for any/all third-party participations/deferrals/residuals (including but not limited to SAG, WGA, DGA, and/or any other guild/unions on the production). FHG has no right to grant participations, deferrals or residuals to third parties.
14. CONFIDENTIALITY: All terms hereunder shall be kept confidential by all parties and their agents and employees.
15. THIS AGREEMENT: This agreement expresses the general terms of understanding of the parties hereto and these terms will be incorporated into a more detailed long form agreement. Until such a time as that agreement is completed this letter will serve as a binding contract.
16. EXPIRATION: Expiration of the Term hereof shall not limit or affect the term of any sub-distribution or other license agreements entered into by FHG, all of which will continue in full force and effect for the full duration of their respective terms, notwithstanding expiration of the Term hereof.
Accepted and Agreed to by:
PRODUCER | FILMTVMART / FLIXHOUSE GLOBAL LLC
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