SpotLight

nexGTv Spotlight | Exclusivity Agreement

AGREEMENT


DIGIVIVE SERVICES PRIVATE LIMITED a company registered under the Companies Act, 1956 (hereinafter referred to as the "DSPL") IS THE OWNER AND OPERATOR OF A WEBSITE NAMED www.nexgtvspotlight.com AND PROVIDES VARIED SERVICES ON, FROM OR THROUGH THE WEBSITE. THE PERSON MAKING A SUBMISSION OF VIDEO ON THE WEBSITE SHALL BE HEREINAFTER REFFERED TO AS THE SUBMITTER AND SHALL BE CONTRACTUALLY BOUND BY THE TERMS AND CONDITIONS HEREINBELOW, TERMS OF USER AGREEMENT, PRIVACY POLICY AND ALL DECISIONS BY THE COMPANY WHICH SHALL BE FINAL IN ALL RESPECTS.

WHEREAS
  • (A) DSPL is the owner and operator of a website named www.nexgtvspotlight.com and provides varied services on, from or through the website.

  • (B) The Submitter had made a submission of a video on the website in adherence to the Official Rules of the Contest mentioned at www.nexgtvspotlight.com.

  • (C) The said submission have been duly reviewed and selected by nexGTv review team (hereinafter referred to as the "Selected Submission").
  • (D) DSPL now intends to broadcast Selected Submission live in the Spotlight Section of the nexGTv.

NOW, THEREFORE, in consideration of the promises and the mutual covenants to be faithfully performed herein contained, IT IS HEREBY AGREED AND UNDERSTOOD AS FOLLOWS:

  • 1. The Submitter hereby agrees that the Selected Submission is the sole property of DSPL and the Submitter shall retain no rights whatsoever over the Submission.

  • 2. The Submitter hereby grants DSPL a worldwide, exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Selected Submission.

  • 3. The relationship hereby established between DSPL and Submitter during the effective period of this Agreement, shall be solely that of DSPL and Submitter has no authority to assume or create any obligation in the name of or of any kind on behalf of DSPL.

  • 4. In consideration of the exclusive right herein granted, the Submitter shall not upload, share, distribute or otherwise deal with the Selected Submission during the effective period of this Agreement.

  • 5. DSPL shall make payment to the Submitter as per the payment terms herein below:
    • 5.1. Any submission shall be paid only if it crosses 3000 views per month
    • 5.2. Post 3000 views per month the payment shall be made as per the slab:
      Payment Slab / Video Min Views Max Views Payout / Hit
      Silver 3,001 25,000 0.08
      Gold 25,001 50,000 0.09
      Platinum 50,000 + - 0.11
    • 5.3. The Submitter shall provide its account details to DSPL whenever required. The account must be operated by the Submitter.
    • 5.4. Payment shall be credited to the account within 6 month.
    • 5.5. The monthly views shall be counted by DSPL and the decision of DSPL shall be final and binding.

  • 6. Neither party shall assign and/or transfer this Agreement in whole or in part to any individual, firm or corporation without the prior written consent of the other party.

  • 7. Both the Party shall keep in strict confidence from any third party(s) and all important matters as to the business affairs and transactions covered by this Agreement.

  • 8. This Agreement shall be governed and interpreted by the laws of India. In case that any dispute or controversy arises out of or in relation to this Agreement between both parties shall be settled amicably but, in case of failure, these disputes or controversies shall be finally settled in New Delhi by arbitration in accordance with Arbitration and Conciliation Act 1996 where the award shall be final binding upon the parties hereto.

  • 9. This Agreement shall be governed by the laws of India and the Courts of Delhi, India shall have exclusive jurisdiction over any disputes hereunder.