Terms of service

This license agreement (the “Agreement”) is made by and between the “Licensor” (YOU) and the “Distributor” (The Flick Fest). Licensor and Distributor (the “Parties”) agree to the terms as follows:

Subject of Agreement
Licensor provides to the Distributor the “Program” (Feature/short film – TV/Web/Series – Music Videos) to use according to the terms set out under this Agreement.

Dates
Start Date: hereby is defined as the date of this agreement.
End Date: hereby is defined as the date of termination of this agreement 5 years from the Start Date.

Duration of Agreement
Distributor agrees to stream Licensor’s Program for the duration of 5 years from the Start date of this agreement.
Distributor and Licensor will have the right to re-sign or refuse to renew the license agreement at the End date of the 5 year-agreement.

Licensed Rights
Subject to the terms of this Agreement, Licensor grants to Distributor with respect to each Program, for the applicable License Period, a limited, non-exclusive right and license to exhibit, promote, and distribute such Program in the authorized Media. Such granted right includes a limited, non-exclusive right and license to copy, install, compress, un-compress, encode, decode, encrypt, decrypt, display, use, cashe, store, transmit, stream, host, distribute, facilitate the distribution, transmission and/or other exploitation of, the distribution, promotion, and marketing of the Program.

Promotions, Distribution and Fundraising
The Licensor with crew and individuals appearing in the Program grant to Distributor the irrevocable Non-Exclusive Licensed Rights, the full use of the title, excerpts and clips of the Program (from the original as well as from all dubbed, subtitled and voiced-over versions) and all relevant Delivery Materials (promotional trailer, still images and other available promotional material) in all marketing, fundraising and distribution activities, including print and online media, for the following purposes: advertising purposes, including on air , off air and online promotion as well as the right to promote the Program using the name, image, likeness, voice, music, photography and biography of the author, director and/ or of the actors according to common practice (e.g. in television, in cinemas, on videos, in online services or in printed form). Licensor grants the distributor the right to modify and change the description and logline of the film according to the distributor’s technical and marketing needs.

Sub-License Fee
For the grant of rights, the Licensor shall NOT receive a License Fee from the Distributor for the purpose of Video on Demand and Streaming rights on Distributor’s subscription based online network, as well as any marketing activities including emails and promotions for the Distributor network.
In the event of Distributor shall Sub-License the rights of the Program of the Licensor to any External or Pay-TV Networks (Not including Distributor’s owned network) Licensor shall receive from Distributor 10% (Ten Percent) of net assignment/sublicense royalties or payments received by Distributor from any third-party assignee or sublicensee. The assignment/sublicense royalty or payment shall be payable by Distributor to Licensor within 120 days of receipt of net assignment/sublicense royalty or payment to the Distributor by the third party.

Language / Dubbing and Subtitling & Film Formats
For programs and films in any language other than English, the Licensor is obligated to provide Distributor with dubbed and/or subtitle the program in English language (even the original).
The Licensor will submit the final Program to Distributor in the following formats: common formats: MP4, MOV, WMV, AVI, and FLV. 

Representations & Warranties, Indemnification
Licensor represents and warrants that:
it has the full right, power and authority to enter into and fully perform this Agreement,
it is the sole owner of all rights granted under this Agreement including copyrights and neighboring rights and any such rights originally vesting in third parties and that it is authorized to dispose over such rights to the benefit of the Distributor,
any music within the Program does not infringe or violate the trademark, trade name, copyright, right of privacy or publicity, property rights or any other right of any third party,
all necessary rights, permissions, consents and moral rights waivers have been duly obtained by contracting any material rights holder, participant, performer, presenter, contributor or other person involved in the production of the Program or providing rights, services or facilities in connection with it,
the Program will not contain material that is unlawful or will promote illegal or unlawful activities including illegal product placement,
Licensor shall indemnify and hold Distributor harmless against all actions, claims, costs (including reasonable legal costs and settlement costs and other payments), proceedings, direct and indirect damages, expenses, or fines arising out of any breach or non-performance by Licensor, in particular of any warranty given by it or obligation undertaken by it in this Agreement, save for all required licenses for the performance rights in relation to the distribution of the Program by Distributor hereunder. These representations and warranties shall remain in full force and effect so long as and shall be deemed to be repeated by Licensor on each day Licensor shall have any obligation to Distributor hereunder. Any action of any of the parties to this Agreement with regard to the defense of rights of the Program will be undertaken in close cooperation with the other party,
Licensor does hereby and shall at all times indemnify, defend and hold harmless Distributor, its subsidiary and affiliated companies, its officers, directors and employees and each of them, of and from any and all claims, liabilities, demands, and causes of action or any thereof arising out of or relating to any breach by Distributor of any representations, warranties, agreements, covenants, or undertakings under this Agreement,
Licensor shall indemnify and hold Distributor harmless against any and all Exclusive or Non-Exclusive breach of agreements of the Licensor holds with other Distributors in any territory, nationally and or globally.
Termination
Either party is entitled to terminate this Agreement extraordinarily at any time providing 30 days (Thirty) notice to the other party.

Notices and Payments
All notices and payments hereunder shall be made to the appropriate party at the addresses and names mentioned here. All notices shall be in writing: TheFlickFest: PO Box 542, Higley, AZ 85236