MEMORANDUM OF UNDERSTANDING

between

HOMJI

and

VIDEO OWNER

 

  1. INTRODUCTION

THIS AGREEMENT for VIDEO BROADCASTING SERVICES is entered into between HOMJI  (BRAND NAME OF —– SERVICES) as represented by Mr Porathur Thomas Rajan (hereinaf­ter referred to as the “First Party(HOMJI)”), and the CLIENT OWNER OF THE VIDEO TITLED XXXXXXXXXXXXX (hereinafter referred to as the “second party”)

 

WHEREAS, the sole purpose of this Memorandum of Understanding is to encourage cooperation between the first party(HOMJI) and CLIENT,; and to identify the respective roles and responsibilities of each partner; and

 

WHEREAS, the First Party(HOMJI) will provide services of providing a platform commonly referred to as the OTT Platform so as to broadcast the videos of the second party for a specific duration of time.

 

WHEREAS, the second party (CLIENT) shall upload the VIDEO to the OTT Platform provided by the First Party(HOMJI).

 

THEREFORE, the second party either himself or through the representative shall upon the approval of the First Party(HOMJI) upload any video in the form of short films, movies, songs, shows or any events, celebrations, etc on to the OTT Plattorm on an income sharing basis presently decided at 90% for the second party and 10% for the First Party(HOMJI).

By submitting a video, the second party grant permission to the First Party(HOMJI) to:

  • Stream the video to end-users;
  • Embed the video on third-party websites;
  • Distribute the video via our APIs;
  • Transcode the video (create compressed versions of your video file that are optimized for streaming); and
  • Generate stills (i.e., “thumbnails”) from your video to represent it (if you have not selected one).

For each piece of content that second party submit to the First Party(HOMJI), second party represent and warrant that:

  • It  has the right to submit the content to First Party(HOMJI) and grant the licenses herein;
  • First Party(HOMJI) will not need to obtain licenses from any third party or pay royalties to any third party with respect to the streaming or other permitted distribution of the content;
  • You have obtained appropriate releases (if necessary) from all persons who appear in the content;
  • The content does not, and will not, infringe any third party’s rights, including intellectual property rights, rights of publicity, moral rights, and privacy rights; and
  • The content complies with this Agreement and all applicable laws.

The First Party(HOMJI) does not guarantee any minimum views or  minimum revenue through broadcasting in their OTT Platform

 

  1. RESPONSIBILITIES

 

FIRST-PARTY (HOMJI)

 

  1. The responsibilities of the First Party(HOMJI) is to ensure good quality platform to broadcast the video
  2. The First Party(HOMJI) shall be responsible for providing adequate services in relation to providing a reliable OTT platform thereby broadcasting the video of the second party.
  3. The First Party(HOMJI) shall not have any power to edit / cut or alter in any way of the video submitted by the client unless it is contradictory to the government policy /censor board restrictions.
  4. The First Party(HOMJI) does not have any ownership towards the video.
  5. The First Party(HOMJI) hereby declares that no reproduction of data will be done from the video and will not be sublet or sold to any one else without the consent of the client
  6. Apart from the agreed fee of 10% of revenue, the first owner shall not charge any fees directly or indirectly from the second party or the customers.
  7. The First Party(HOMJI) shall be responsible to provide the access to the second party for viewing / downloading report of views and sales on a weekly basis.

 

SECOND PARTY

  1. The responsibilities of the second party is to satisfy all the government policies & censor board restrictions.
  2. The second party shall agree to pay 10% of the revenue received through the platform to the First Party(HOMJI) on a week to week basis.
  3. The promotional activities shall be of the responsibility of the Second party. However, First Party(HOMJI) can provide its promotional services on request from the First Party(HOMJI) at an additional cost pre decided on case to case basis.
  4. Second party should not submit any content that:
  1. Infringes any third party’s copyrights or other rights (e.g., trademark, privacy rights, etc.);
  2. Is sexually explicit or promotes a sexual service;
  • Is defamatory;
  1. Is harassing or abusive;
  2. Contains hateful or discriminatory speech;
  3. Promotes or supports terror or hate groups;
  • Contains instructions on how to assemble explosive/incendiary devices or homemade/improvised firearms;
  • Exploits or endangers minors;
  1. Depicts or encourages self-harm or suicide;
  2. Depicts (1) unlawful real-world acts of extreme violence, or (2) animal cruelty or extreme violence towards animals;
  3. Promotes fraudulent or dubious money-making schemes, proposes an unlawful transaction, or uses deceptive marketing practices;
  • Contains false or misleading claims about (1) vaccination safety, or (2) health-related information that has a serious potential to cause public harm;
  • Contains false or misleading information about voting;
  • Contains conspiracy-related content where the underlying conspiracy theory makes claims that (1) suggest that a real-world tragedy did not occur, or (2) violate other content restrictions; or
  1. Violates any applicable law.

 

RIGHTS

FIRST-PARTY (HOMJI)

  1. The First Party(HOMJI) has its full rights to remove the video from the platform if it finds that the video has any undesirable contents as listed above without any prior notice.
  2. The First Party(HOMJI) has all right to display its LOGO through out the video

 

SECOND PARTY

  1. The second party has right to do all promotional activities
  2. The second party has right to release trailers, posters teasers in the platform free of cost
  3. The second party on giving prior information to the First Party(HOMJI) can remove the video from the OTT Platform.

INDEMNIFICATION

Second Party will indemnify, defend, and hold harmless First Party(HOMJI) and its subsidiaries, parents, and affiliates, and their and our respective directors, officers, employees, and agents, from and against all third-party complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising from or relating to: (a) the content you submit to or through the Services; and (b) allegations of actions or omissions by you that (regardless if proven) would constitute a breach of this Agreement.

AMENDMENTS

This Agreement may be amended only with the mutual consent of both the parties.

 

For the First Party (HOMJI)

 

Signed:  ___________________________________          Date:  ___________________

 

For the Second Party (VIDEO OWNER)

 

Signed:  ___________________________________          Date:  ___________________

 

Witnesses:-

 

  1. Signature with Name and address Signature with Name and address

 

Note: Since this is Online Service, By reading and non objecting any clause by email, Video Owner accepts and agreed to all our Terms and Conditions as per MOU

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