Plusyou's innovate and one of a kind concept of video advertisement let Brands reach target audience with direct and indirect advertisement. Plusyou endeavours to produce High Quality Video Content for Brands at Zero cost, thereby saving brands from getting indebted to exorbitant expenditure on producing video advertisement. Plusyou on obtaining a Brand's "Affiliate Marketing Link" triggers its research and content development team at spadework to create unique Video Content for brand, which is in line with Advertisement Standards as well as with Brand's Profile.
"Brand": Brand shall mean and include any Proprietary, unregistered or registered as firm, proprietorship, Company or any individual who directly or indirectly approaches or engages "Plusyou" as its Affiliate Partner with or without any express agreement or direct communication or directly or indirectly approaches or engages Plusyou through Agents or Thirds Party Agencies. Any proprietary, which shares its "Affiliate Marketing Link" directly or indirectly shall be deemed to be "Brand" for the purpose of this Agreement.
Use of Content: The Content is intended for distribution via Plusyou website or app exclusively, unless there is a written consent obtained to place these videos in any other sites, to consenting viewers who are in locations where such Content does not violate community standards or any applicable local law or common law or regulation.
For the purpose of Plusyou website "Content" shall mean audio visual content and shall include without limitation any and all images, documentation, photographs, music, videos, media files, source code, object code, databases, data structures, database designs, database indices, modules, objects, classes, packages, in-line comments, user interfaces, design documents, test plans and scripts, any other works or materials prepared by Plusyou as part of the creation of Content.
The Content uploaded on the website shall only be viewed by visiting the Plusyou website and for the purpose the Content shall be uploaded on the website in suitable format compatible with Plusyou Player. Brand must acknowledge, and understand and agree that the Content is solely for the purposes of imparting Brand Awareness and Service Information among viewers and visitors of Plusyou website who shall have only access to view the Content personally and for a non-commercial purpose in compliance with the various Terms.
It is prohibited to either directly or through the use of any device, software, internet site, web-based service, or other means remove, alter, bypass, avoid, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device, or other content protection or access control measure associated with the Content including geo-filtering mechanisms. Users are Prohibited to directly or through the use of any device, software, internet site, web-based service, or other means copy, download, stream capture, reproduce, duplicate, archive, distribute, upload, publish, modify, translate, broadcast, perform, display, sell, transmit or retransmit the Content unless expressly permitted by Plusyou in writing.
It is clarified that the absolute ownership rights in the Content shall vest with Plusyou and it shall have absolute ownership of all copyrights, all underlying rights, all exploitation rights including but not limited to the entire Derivate rights and the entire intellectual property rights in the Content to exploit the same in all Modes, Media and Formats and in all territories throughout the world.
Plusyou endeavours to create, develop, produce, execute and supervise the production of the Content for the purposes of Affiliate Marketing, and deliver such Content which shall increase brand awareness amongst viewers and redirect viewers to Affiliate Partner's website via link provided by Affiliate marketer to Plusyou Directly or through Agents or third party intermediaries.
CONSENT TO CONTENT:
Plusyou is a content based video marketer and hence by providing your Affiliate Marketing Link directly through website or via your agents or third party intermediaries, It shall be deemed that you have gone through this Content Policy and thereby grant Plusyou the necessary permissions and Consent to create and run Content based campaign for the Affiliate Marketing.
By consenting for creation of promotional Content for your Affiliate Marketing Link; you allow Plusyou to include and use reasonably in the Content your Brand Information which is available on public forums or your Brand website; Brand Trademarks, Logos, Punch lines, Offers, Discounts etc. or archival and/or library material, which is owned and/or controlled by Brand legally, or information acquired from any third party in the Content. All such Intellectual Property of Brand so used in the Content shall stand licensed in perpetuity to Plusyou for limited purpose of creating "Content".
PLUSYOU ZERO TOLERANCE POLICY
Plusyou after creating Content for Brand posts it on its website for viewer experience and Plusyou does not seek any specific permissions from Brands for every content that is upload on Plusyou website. For the purpose of this Policy it shall be the duty of the Brand to regularly visit and review any Content Posted on Plusyou website for its compliance with Brand Policy and as well as with Public Policy and regularities with laws.
It is for Brand Confidence that Plusyou follows Zero Tolerance Policy and in case a Brand or any other authorized person approaches Plusyou with respect to any Content posted on Plusyou website with any complaint or review request or if Content is required to be edited or corrected to keep it in compliance with any other specifications, Plusyou immediately takes down the Content for review and it is only after due diligence or express permission of the Brand that it is reposted. It is clarified that in case the Brand does not approaches Plusyou with any complaint or Review request within 07 days of from the date of uploading of Content, it is deemed that Brand has Reviewed the Content to its satisfaction.
In the event Brand finds the Content or any Video or any part of it not acceptable, Brand shall within 07 (Seven) days from the date of First transaction arising out of the said Content via Affiliate Marketing Link of the Brand, must intimate Plusyou for Takedown, rectification, and/or re-creation and/or re-development and Plusyou shall solely bear the cost of such rectification or re-creation or re-development.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property in the Content and artistic, literary, dramatic, vocal and musical materials of the Content and all other allied, ancillary and subsidiary rights in any and all media whether now known or subsequently invented for the full period of copyright and all renewals, revivals and extensions throughout the world in and to the Content as per the terms of this Policy shall stand assigned and vested with Plusyou in perpetuity and for the territory of the entire world.
USE OF TRADEMARK
Plusyou shall be allowed to use or refer to for the limited purpouse of creating Brand Content for Plusyou website, the use of or reference to any of Brands's names, logos, trade names or trademarks including without limitation, the names of any of the produtcs or services offered by Brand, or those of any of its associate companies in any manner without prior written permission from Brand. Plusyou shall not exercise any rights in the trademarks, copyright or other intellectual property of the other Party, except as expressly stipulated herein for the limited purpouse of developing Content under Affiliate Marketing Link Programme.
Indemnity Against third party Intellectual Property Right: Plusyou may use any and all music to be synched or performed including sound recordings, lyrics or musical compositions ("Music") in the Content, which shall be from licensed repertoire or such music which are produced by the Plusyou specifically for the purpose of the Content ("New Music"). For the sake of clarity, this provision shall also be applicable to background music and theme music. Any use of Music in the Content and its Proprietary rights and any breach or misuse, Plusyou shall be solely liable for all such Unauthorized Music and shall further indemnify Brand against all losses, damages, claims, charges including but not limited to legal cost incurred for litigation and or lawyers fees arising directly or indirectly from such Unauthorized Music.
Plusyou agrees that Brand by providing Affiliate Marketing Link has engaged Plusyou solely for the purposes of Developing Video Content to the extent set forth in this Policy, and Plusyou shall not be considered, under the provision of this policy or otherwise, as having the status of an employee, legal representative, joint venture partner or agent of Brand or being entitled to share in any of the benefits to which Brand may derive from the commercial exploitation of the Content. The relationship between Brand and the Plusyou shall be on commision basis emanating from sales coverted via Brand's Affiliate Marketing Link and its basis that Plusyou shall act in the capacity of an independent service proovider engaged in production of the Content.
COMMISSIONED WORK AND OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS:
The Plusyou agrees and acknowledges that the Content and/or Video created, developed, produced and delivered by Plusyou and all other products resulting from services rendered by Plusyou shall at all times constitute and shall be deemed to constitute works-made-for-hire / commissioned works developed at the instance of Brand in accordance with the Copyright Act, 1957.
The Plusyou shall also make all reasonable efforts to enter into written agreements/written arrangements, wherever possible, with Creators and/or Influencers, of the artistic, literary, musical and dramatic works and photographs included in the Content and/or Videos ("Contributors") and ensure that complete assignment of all copyright in all literary, artists, musical and dramatic works and performers and photographs ("Works") is assigned in favor of Plusyou.
No part of the Content produced/to be produced (when produced), or the exercise of any rights of Plusyou in the Content will violate or infringe any trade-mark, trade-name, copyright, patent, registered design, title, literary, performance, merchandizing, artistic, property, privacy and personal rights etc. or any other right of any person. Further, no any part of the Content will be obscene, libelous, defamatory or attract contempt of court or breach of contract or breach of privilege, violation of any provisions of the statute, nor hurt the sentiments of any religious group/s and/or breach or be against any declared public policy of any nation or state.
REPRESENTATIONS AND WARRANTIES OF THE PARTIES
Plusyou shall be responsible and liable for any and all claims for damages or any liabilities (civil or criminal) arising out of or related to the production of the Content which are attributable to the Plusyou and Brand shall not be responsible or liable for the same in any manner whatsoever.
Plusyou understands that the Content may involve participation of children and hereby warrants to observe and ensure that the parents of such children also observes the guidelines to regulate child participation in the Content provided by National Commission for Protection of Child Rights ("NCPCR Guidelines") or such other laws relating to participation of children, during the shoot of this Content and ensure the welfare of the children participating in the Content. The Plusyou shall be solely responsible for any claims/legal notices/legal proceedings that arise in this regard and shall respond, represent, defend and admit to liability (in case of a breach) before the appropriate authorities/judicial and quasi-judicial forums.
The Plusyou shall ensure that the Content shall not be obscene/vulgar, defamatory, abusive, offensive, demeaning or derisive to any community or religion or individual and shall not contain any lewd or smutty remarks/ statements concerning any person alive or deceased. The Plusyou shall at all times ensure that the Content shall not cross the threshold of generally accepted standards in terms of general demeanor and choice of language. In the event there is any portion of the content which is objectionable, Brand shall bring it to the notice of Plusyou and Plusyou shall make changes to the same.
Brand Agrees to indemnify and hold harmless Plusyou its directors, its employees, officers and agents from and against any claim, loss, third-party ligation, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any legal suit, representation, Consumer case etc. or undertaking or any obligation made by Plusyou in this Agreement. In the event of any claim qua infringement of intellectual property rights or deficiency of service suits on Brand sold via the website mentioning the Brand, Brand will promptly adjust, settle, defend or otherwise dispose of such claim at its sole cost.
Plusyou agrees to indemnify and hold harmless Brand its directors, its employees, officers and agents from and against any claim, loss, liability or cost of any person, firm or corporation, including, without limitation, legal fees, arising out of any infringement of litigation arising from the Content produced and made by Plusyou. In the event of any claim qua Content uploaded on the website mentioning the Brand, Plusyou will promptly adjust, settle, defend or otherwise dispose of such claim at its sole cost.
Notwithstanding anything to the contrary, subject to applicable laws, either Plusyou or Brand shall not be responsible to each other for any indirect, incidental, exemplary, consequential, special or punitive losses or damages arising out of this Policy.
Plusyou or the Brand shall not reveal or make public any financial or other information in connection with the creation and distribution of the Content, the terms of this Policy or Commission earned via Affiliate Marketing. Neither Plus you nor Brand shall disclose or make available to any third party any information concerning the Content, or any confidential or proprietary materials as Plusyou may have gained access, or any information or data concerning any aspect of Brand's operations.
Any Force Majeure condition/event including but not limited to act of God, public enemy, epidemics/pandemics, revolt, strikes, riot, terrorist attack, fire, flood, war, typhoon and any regulation of the government or order of any competent statutory or judicial authority or of any government in the Territory ("Force Majeure"), then the same shall not be deemed a default or breach by Plusyou of its obligations hereunder.
GOVERNING LAW, DISPUTE RESOLUTION AND JURISDICTION
All disputes, controversies, claims and differences arising out of or in relation to this Content Policy, or any breach hereof, except those which cannot be settled through correspondence and mutual consultation of the Parties hereto, shall be finally settled by Arbitration to be conducted in accordance with the provisions of the Indian Arbitration and Reconciliation Act, 1996 or any statutory modification or re-enactment for the time being in force, the provisions whereof shall apply as far as possible. This Agreement shall be governed and construed in accordance with the laws of India .The competent courts at Delhi, India shall have the sole and exclusive jurisdiction over any dispute that arises in relation to this Agreement. Plusyou shall be authorised to appoint an Arbitrator of its choice and place of Arbitration shall be Delhi.
All notices, requests and other communication under this Policy shall be in writing and shall be sent by (i) registered e-mail, personal delivery or by Transmitting it through cable telegram or telex or fax or by official email addressees
Plusyou warrants that it has not, and will not at any time in the future, create any charge, lien, mortgage or any other encumbrance on the said Content or in respect of any rights therein, in favour of any artist, writer, technicians, laboratory, financier or any other person, party or organization whatsoever.
In the event that any provision hereof shall be held to be invalid or unenforceable due to any reason, said provision shall be modified to the extent necessary, and in any event, such invalidity or unenforceability shall have no effect upon the remaining provisions or terms and conditions hereof.
Any remedies, rights, undertakings and obligations contained in this Policy shall be cumulative and none of them shall be in limitation of any other remedy, right, undertaking, or obligation of either Parties.
The grant of rights, representations, warranties, indemnities and confidentiality obligations contained herein shall survive the expiration or earlier termination of this Policy.
Plusyou shall execute all necessary agreements with any such persons to ensure that all rights, titles and interests in their works including any Intellectual Property rights included in the Content shall at all times vest solely with Plusyou.
BASIC STANDARDS AND PRACTICES (S&P) REQUIREMENTS TO BE ADHERED BY THE PLUSYOU
The Plusyou will adhere to the following S&P points for the Content.
Indecent Representation of Women
- No close-up shots of women's bottom/cleavage or skimpily clad women.
- No portraying a woman as an object of sexual desire.
Sex, Obscenity and Nudity
- No nude shots of artists or suggestive sexual activity.
- No crude or indecent gestures.
- No use of abusive words and foul language.
- No racial slurs or name calling [Eg: words like chakka/ chinky/ paki/ nigger/ chamaar, etc.] should not be used.
- Do not mock or comment on any sub-judice matters or pending court cases.
- No propagation or discrimination of any particular religion.
- No derogatory comments on any community, race, religion.
- Ensure accurate presentation of all religious rites and practices.
- Ensure that customary respect is shown when any artist is shown entering a religious place (e.g.: artist should not be shown wearing footwear inside a temple)
Use of National Flag/ National Emblems
- Correct display of the Tricolor and all other National Emblems.
- The Tricolor or any other representation of it should be portrayed with all dignity.
- The National Flag should not be used as any form of drapery.
- Map of India if used should be the political map as approved by Government of India.
Violence and Crime
- No detailed description of suicide, violence and excessive bloodshed, close-up of wounds.
- No detailed information about use of weapons and drugs.
- No mention or showing of throwing acid on anyone.
Use of Animals
- No ill treatment to animals in Content.
- Do not glorify hunting or show possession of wildlife as trophies.
- No encouraging any superstitions or blind beliefs.
- No Contents should incite fear among viewers, especially children.
Horror and Occult
- Exorcism and any form of sacrifices should not be glamorized and detailed.
- Hypnotism should not be demonstrated in detail.
- Do not glorify actions against traffic rules.
- Actors should always wear a helmet while riding the bike and seatbelt while driving the car.
- No method of killing or any dangerous acts to be demonstrated.
- No showing or glorifying any form of intoxication.
- No harsh comments or vulgar questions for children in reality shows.
- Children shall not be allowed to make any crude gestures or use languages, which are not fit for children.
- Avoid shooting or showcasing any brands in passing shots, interviews, etc.
Alcohol, Drugs, Smoking
- No displaying or mentioning any alcohol/liquor brands.
- No smoking or doping in television Contents or mentioning brands of cigarettes.