Key Details
Closed
on Dec 11, 2013
Artist:
Stone Temple Pilots
Song:
Black Heart
Release forms required:

Key Details

Closed
on Dec 11, 2013
Artist:
Stone Temple Pilots
Song:
Black Heart
Release forms required:

The Project

American rock band Stone Temple Pilots with Chester Bennington are giving you the opportunity to make the official music video for Black Heart*!

The project is completely open so take a listen, be inspired and unleash your creativity!

Deadline for project submissions is 11 December 2013, 23:59 GMT time.


Awards & Judging

The winner will receive $5,000 and have their video used as the official music video for Black Heart.

Outstanding videos will also be nominated for the 2013 Genero Awards and in the running for $50,000 in awards.

The winner and finalists will be chosen by the Stone Temple Pilots with Chester Bennington and Genero.


Stone Temple Pilots with Chester Bennington

The men behind one of the most influential and turbulent bands in rock and roll, bassist Robert DeLeo, guitarist Dean DeLeo and drummer Eric Kretz of Stone Temple Pilots, have made the bold decision to join forces with Linkin Park vocalist Chester Bennington. With Bennington in the fold, STP have ignited a renaissance of newfound independence.

Completely in control of their musical destiny, STP are ready to unveil their highly anticipated EP, High Rise, which pulses with renewed energy and purpose. The band has manufactured five hook-heavy tracks that stand beside anything in their timeless catalog, while Bennington infuses the music with an impressive level of confidence in his new surroundings. These guys were just meant to play together. It's a special treat for fans, who have supported STP and Linkin Park to the tune of tens of millions of records sold worldwide.

stonetemplepilots.com
youtube.com/stptv
facebook.com/stpband
twitter.com/stpband
instagram.com/stpband

*Composition "Black Heart": Written by Dean Deleo, Robert Deleo, Eric Kretz, and Chester Bennington.
Sound recording: Copyright © and ℗ 2013 Play Pen, LLC.

View full brief

Videos

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Bio

The men behind one of the most influential and turbulent bands in rock and roll, bassist Robert DeLeo, guitarist Dean DeLeo and drummer Eric Kretz of Stone Temple Pilots, have made the bold decision to join forces with Linkin Park vocalist Chester Bennington. With Bennington in the fold, STP have ignited a renaissance of newfound independence.

Completely in control of their musical destiny, STP are ready to unveil their highly anticipated EP, High Rise, which pulses with renewed energy and purpose. The band has manufactured five hook-heavy tracks that stand beside anything in their timeless catalog, while Bennington infuses the music with an impressive level of confidence in his new surroundings. These guys were just meant to play together. It's a special treat for fans, who have supported STP and Linkin Park to the tune of tens of millions of records sold worldwide.

'We've all known each other for quite a while now—Stone Temple Pilots and Linkin Park toured on Family Values back in 2001,' Robert says of Bennington. 'I knew what kind of person he was and what he could do vocal-wise. And he grew up on STP’s music. When we decided to work together, [Chester] expressed that he wanted to not only honor the past, but also write new music.'

It’s clear that the band has done just that. The chemistry between Robert, Dean, Eric and Chester is undeniable. 'To be able to get together cold and say, ‘Let’s write some songs,’ that doesn’t always happen with people,' Robert notes. 'When we got together, things clicked immediately. To have that opportunity to get four guys together who get it, we pulled this out pretty quickly. I think it’s a really ambitious start.' Bennington—who plans to balance his time contributing to both Linkin Park and STP—seconds the enthusiasm, saying that “When the opportunity came up to do something creative with them, I jumped at the chance.”

Leadoff single 'Out of Time' announces the revamped outfit's intentions with a bang. Featuring a signature STP groove, it affords Bennington an opportunity to showcase both aggressive attitude and addictive melodies, and the public concurs: 'Out of Time' has hit #1 on both the Active and Modern Rock charts.

Tracks like second single 'Black Heart' continue to showcase the new lineup's passion, providing powerful additions to the songbook. Ever since STP's acclaimed departure of a third album, 1996's Tiny Music: Songs From the Vatican Gift Shop, the band has found clever ways of incorporating their lifelong influences. They’re still voracious music fans, and that quality is displayed loud and proud on High Rise, which conjures a familiar, infectious hard rock vibe for lifer fans, all the while keeping its eyes on an exciting, unwritten future.

'There was a moment [recently] when we were putting together 'Out of Time,' and I had to stop and look at everyone and say, 'You guys realize where we’re at right now? We’re in my basement,' Robert says. 'This is where we all started—in the basement.' To make it come around full circle 30 years later and be down there making music was pretty cool.'

Revisiting humble beginnings and developing new friendships is all well and good, but Bennington is acutely aware of his responsibility—and confident in his ability to execute. 'This is important to us,' he stresses. 'This is our band now—we’re not fucking around.'

stonetemplepilots.com
youtube.com/stptv
facebook.com/stpband
twitter.com/stpband
instagram.com/stpband

Filmmakers, Cast & Crew

The following creatives participated in this project.
We have not published videos for this project. Stay tuned!

Terms

INTRODUCTION

Who We Are

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PLEASE READ THIS SECTION CAREFULLY.

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SECTION 2 - TERMS AND CONDITIONS FOR CLIENTS

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    6. manage fulfilment of Briefs, including milestones, feedback on edits, electronic payments, release forms and final delivery;

    7. commission a specific Filmmaker;

    8. search our library of existing Videos and arrange for the Filmmaker to re-edit it for your use; and

    9. keep track of any new, pending and fulfilled Briefs on the Dashboard.

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  3. To be eligible to use the Client Platform Functions, you must register on the Platform in accordance with section 1.1 of these Terms.

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  5. The ability to launch private Briefs to a limited number of specified filmmakers, is restricted to Platform licensing clients and requires you to enter into a separate licensing agreement with us in respect of the Platform, and additional terms and fees may apply.

  6. All required information must be provided by you before the Brief can be posted on the Platform. You will be able to preview and edit the Brief prior to confirming and us posting your Brief on the Platform. Once your Brief has been posted, Filmmakers will be able to view and respond to your Brief via their Submission to the Platform.

  7. You agree that each Brief you post shall be exclusive to us and you will only solicit creative submissions via the Platform. The Brief shall not appear on or be communicated via any other websites, platforms or third party services save on a solely promotional basis. Any such promotion will include a link to the Platform as the exclusive point of contact for creative submissions.

2.3Fulfilment of Briefs

  1. You must select the Client Selection, if any, within 30 days following the Submission Deadline.

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  3. We will notify the successful and unsuccessful Filmmakers. If we and you have tried but are unable to communicate with the successful Filmmaker (to include a response from the Filmmaker) within 48 hours of such notification, you shall be entitled to withdraw your Client Selection and select a new successful Filmmaker without liability to us or the Filmmaker.

  4. Where the Client Selection is a Treatment, you and the Filmmaker are solely responsible for agreeing all details relating to the production of the Treatment Video (including, but not limited to, all production, delivery, talent and insurance requirements). We will not be party to any such agreement and will have no liability to you in respect of any failure by you or the relevant Filmmaker to procure appropriate insurance.

  5. The Filmmaker is obliged via these terms to enter into relevant production contracts and we provide example digital talent release form templates to assist in such process. Notwithstanding the forgoing, you acknowledge that our involvement is provided in good faith only and may not be relied upon and you are solely responsible for: (i) ensuring that the Filmmaker has obtained all necessary production contracts and/or release forms; (ii) ascertaining that the rights obtained pursuant to these documents are sufficient for your proposed exploitation; and (iii) requesting any necessary copies and/or other evidence from the Filmmaker for these purposes.

  6. The Filmmaker agrees to provide up to 3 rounds of changes for offline edits and up to 3 rounds of changes for online edits, as requested by you, in respect of each Treatment Video and/or Submission Video. Additional rounds of changes may result in Overages which will incur a Client Fee.

  7. Where the Client Selection is a Submission Video, the Filmmaker will supply a high resolution file of the Video on physical media via mail (at your expense), or uploaded electronically to such delivery point as notified to the Filmmaker in writing: (i) within 3 days of being notified that its Submission is a Client Selection (or, if edits are requested pursuant to section 2.3(f) of these Terms, completion of such edits); (ii) in accordance with our broadcast specification guidelines and your requirements as set out in the Brief.

2.4Direct Commissions

  1. In addition to posting Briefs, the Platform enables you to approach individual Filmmakers directly to produce your required Video by selecting the "Hire Me" option on the relevant Filmmaker's Platform profile.

  2. The Platform Functions will allow you to submit the relevant details of the Direct Commission and propose or request a Client Budget and resulting Filmmaker Budget for such Direct Commission.

  3. By proposing a Direct Commission, you warrant that: (i) you intend in good faith to fulfil the Direct Commission; (ii) the details provided describe your requirements as accurately as possible and in sufficient detail for the Filmmaker to determine adequate remuneration; and (iii) you have authority and funds to pay the Client Budget and any Relevant Taxes.

  4. You and the Filmmaker are solely responsible for agreeing all details relating to the Direct Commission and delivery of the Commission Video.

2.5Re-Edits

  1. The Platform also enables you to browse existing Videos in our Video Store.

  2. The Platform Functions will give you the option to find Videos and to propose or request a Client Budget and resulting Filmmaker Budget for: (i) acquiring such Video from the relevant Filmmaker; and (ii) having the Filmmaker re-edit the Video to your requirements.

  3. By proposing a Re-Edit, you warrant that: (i) you intend in good faith to fulfil the Re-Edit; (ii) the details provided describe your requirements as accurately as possible and in sufficient detail for the Filmmaker to determine adequate remuneration; and (iii) you have authority and funds to pay the Client Budget and any Relevant Taxes.

  4. You and the Filmmaker are solely responsible for agreeing all details relating to the re-editing and delivery of the Re-Edited Video.

  5. The Filmmaker agrees to provide up to 10 hours of editing time in connection with each Re-Edited Video.

2.6Dealings with Us and/or Filmmakers

  1. You agree to act reasonably and in good faith in your dealings with us and/or Filmmakers and to respond promptly to all communications.

  2. You acknowledge that we are not responsible for any element of the production or re-editing of any Video or liable for the acts or non-performance of any Filmmaker.

  3. You agree to be bound by any requirements agreed between you and the Filmmaker as if set out in these Terms.

  4. Once we have received the Client Budget in respect of a Brief, or the Client Budget and resulting Filmmaker Budget has been agreed in respect of a Direct Commission or Re-Edit, we will provide (and you consent to our providing) your Contact Details to the relevant Filmmaker and will provide their Contact Details to you.

  5. Whilst we will provide you with the Filmmaker's, and the Filmmaker with your, Contact Details, all ongoing communication related to any Video should be completed on the Platform via the messaging and other production management tools provided, so we have a record of this communication for your protection.

  6. You will not at any time use or disclose to any person any confidential information relating to us or any Filmmaker (including, without limitation, any Submission, Direct Commission or Re-Edit) save to your personnel and professional representatives (on a need-to-know and confidential basis only) or as otherwise required by law.

  7. You agree not to attempt to circumvent the Platform or pay consideration for any Brief, Direct Commission, Re-Edit or related work other than via the Platform.

  8. You agree to indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with any claim made against us by any Filmmaker arising out of or in connection with any breach of these Terms or other act or omission by you.

  9. You further agree that, while registered on the Platform and for a period of 3 months after you cease to be registered, you shall not:

    1. knowingly seek or accept the services of any Filmmaker independently from the Platform; or

    2. induce, or attempt to induce, any Filmmaker to: (i) cease or refrain from using the Platform; or (ii) reduce its use of the Platform, or do any other thing which is reasonably likely to have such an effect.

2.7Fees and Payment

  1. In consideration of our provision of the Platform and the Platform Functions, you warrant that you will not make any payments directly to the Filmmaker and that you will pay the Client Budget and any Overages directly to us in accordance with these Terms.

  2. You will pay to us:

    1. the Client Budget:

      • in respect of a Brief, prior to choosing a Client Selection; and

      • in respect of a Direct Commission or a Re-Edit, on agreement of the Client Budget; and

    2. any Overages and the applicable Client Fee, on agreement of such Overages,

    in US$ (unless otherwise stated on the Platform or invoice) by the payment method stipulated on the Platform or invoice (which may be updated from time to time).

  3. We will retain the Client Fee and the Filmmaker Commission, and will release the applicable Filmmaker Payment to the relevant Filmmaker:

    1. on final delivery of the Client Video; or

    2. (where you are eligible to make staggered progress payments in accordance with the Brief Form) in accordance with the prescribed payment schedule agreed between you and the relevant Filmmaker and triggered by you via the Platform.

  4. You warrant that you will acknowledge final delivery of the Client Video (acting reasonably and in good faith) by marking the relevant Brief, Direct Commission or Re-Edit as complete on the Platform. In the absence of such acknowledgement, you agree that final delivery shall have been deemed to occur if you do not reject delivery within 7 days of receipt or on any use by you of the Client Video. You acknowledge that you will only be entitled to reject the Video in the event of material breach of these Terms by the Filmmaker. You are solely responsible for conducting appropriate due diligence and ensuring the suitability of the Filmmaker prior to their engagement and a lack of experience or skill on behalf of the relevant Filmmaker will not (by itself) entitle you to reject delivery.

  5. If you fail to make any payment due under these Terms by the due date for payment, then, without limiting our remedies, you agree to pay interest on the overdue amount at the rate of 4% per annum above the Reserve Bank of Australia rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You agree to pay the interest together with the overdue amount.

  6. You agree to make all payments under these Terms without withholding or deduction of, or in respect of, any tax, levy, impost, duty, charge or fee unless required by law. If any such withholding or deduction is required by law, you agree to, when making the payment to which the withholding or deduction relates, pay to us such additional amount as will ensure that we receive the same total amount that we would have received if no such withholding or deduction had been required.

  7. The payments under these Terms are exclusive of Relevant Taxes which, if applicable, shall be payable by you in addition.

2.8Cancelling Briefs, Direct Commissions or Re-Edits

  1. You may cancel:

    1. a Brief at any time prior to making a Client Selection; and

    2. a Direct Commission or a Re-Edit at any time prior to payment to us of the relevant Client Budget.

  2. You may cancel a Brief, a Direct Commission or a Re-Edit at any time on provision of written notice to the Filmmaker and us if the Filmmaker is in material breach of its obligations pursuant to these Terms and, if capable of remedy, such breach has not been remedied within 7 days of written notice requiring such remedy. Any such termination rights must be exercised acting reasonably and in good faith.

  3. You acknowledge that, once received by us, the Client Fee is non-refundable and may be retained by us regardless of any cancellation of the applicable Brief (before or after Client Selection), Direct Commission or Re-Edit.

  4. You further acknowledge that, once the Filmmaker Payment (or any portion of) is released to the Filmmaker, the Filmmaker Payment and the Filmmaker Commission are non-refundable and we shall have no liability to you in respect of the same. You are solely responsible for undertaking due diligence in respect of the relevant Filmmaker and/or Client Video to ensure its compliance with these Terms prior to acknowledging delivery / triggering progress payments.

  5. The Filmmaker may cancel its engagement pursuant to a Brief, Direct Commission or Re-Edit in accordance with section 3.9 of these Terms. Neither we nor the Filmmaker will have any liability to you in respect of such cancellation.

2.9Intellectual Property

  1. The Platform Functions will give you the option to upload Client Assets.

  2. Where you upload Client Assets to the Platform, or otherwise provide Client Assets to us or any Filmmaker, you grant:

    1. us, a non-exclusive, royalty-free, worldwide licence to host and store the Client Assets and to make them available to Filmmakers; and

    2. each Filmmaker the right to use, edit and modify the Client Assets as reasonably required to produce Submissions, fulfil Briefs and/or fulfil Commissions (as applicable),

    3. (the Licence).

  3. You warrant that:

    1. you have all necessary rights, licences, permissions and consents to grant the Licence;

    2. the Client Assets and the Licence, and our and/or any Filmmaker's exercise of the Licence, shall not infringe the rights, including (without limitation) the intellectual property rights, of any third party; and

    3. the Client Assets shall not include anything which is or may reasonably be regarded as offensive, blasphemous, obscene, defamatory or otherwise unlawful.

  4. In respect of the relevant Client Video, subject to sections 2.9(e) and (f) of these Terms and subject to and in consideration of receipt of the applicable Filmmaker Payment, the relevant Filmmaker will grant you the rights set out at section 3.10 of the Terms.

  5. Except as otherwise agreed between you and the applicable Filmmaker, the Filmmaker will be requested (via these Terms) to: (i) obtain any clearances, including talent and music rights clearances, that may be required in order for you to exploit each Client Video (or any part of it) for the media usage specified in the Brief, which will either include or exclude TV/Broadcast, throughout the world for an unlimited number of transmissions and/or exhibitions and for the full period of copyright, or for the period and territories as specifically outlined in the Brief, without any requirement to pay any further costs; (ii) obtain express waivers of and/or consents to not enforce so called moral or similar rights in connection with the Videos; and (iii) ensure that the Client’s rights in the Client Video are free of any third party limitations or residual fees unless otherwise agreed in writing. (Production Contracts)

  6. Notwithstanding the above, the Filmmaker will not be responsible for, unless agreed in writing between you and the Filmmaker, communication to the public rights in respect of musical compositions in the Client Video.

  7. Subject to reasonable minor edits required to exploit the Client Video, you agree that you shall not be entitled to adapt or create derivative or related videos or other content in respect of the Client Video save pursuant to a subsequent Direct Commission of the relevant Filmmaker via the Platform.

SECTION 3 - TERMS AND CONDITIONS FOR FILMMAKERS

3.1The Platform Functions

  1. We offer various Platform Functions to Filmmakers (Filmmaker Platform Functions), including those which allow you to:

    1. create a customisable profile on the Platform;

    2. submit Treatments or Submission Videos in response to Briefs;

    3. work with Clients to deliver Videos in return for payment; and

    4. sell your Videos via our Video Store.

  2. The list above is not an exhaustive list of the Filmmaker Platform Functions offered via the Platform and we may decide to offer additional Filmmaker Platform Functions, or cease to provide any Filmmaker Platform Functions, at any time.

  3. To be eligible to use the Filmmaker Platform Functions, you must register on the Platform in accordance with section 1.1 of these Terms.

3.2Responding to Briefs

  1. You may browse the available Briefs on the Platform. Open Briefs will invite you to submit either a Treatment or a Submission Video, at the Client's election.

  2. Some Briefs may only be available to Filmmakers of certain rankings. Details of our Quality Rankings procedure can be found here.

  3. Submissions are made using the step-by-step submission forms and upload processes on the Platform. You must provide your Submission prior to the Submission Deadline. Notwithstanding the foregoing, we reserve the right, at our sole discretion, to accept or refuse to accept late Submissions. All dates and times are Greenwich Mean Time (GMT) unless otherwise stated. It is your responsibility to convert the time and date to your local time zone.

  4. Once a Client has made a selection, you will be notified whether or not your Submission is successful. If we have not notified you within 30 days of the Submission Deadline, you may request in writing that your Submission be removed from consideration.

  5. If we and the Client are unable to communicate with you (to include a response from you) within 48 hours of such notification, the Client reserves the right to withdraw its selection of your Submission and select a new successful Filmmaker without liability of us or the Client to you. We and/or the Client will notify you if your selection has been withdrawn.

  6. Prior to notification that your Submission has been unsuccessful, removal from consideration pursuant to section 3.2(d) of these Terms or (in respect of successful Submissions) cancellation of a Brief, you must not disclose your Submission to any third party (but will retain all rights to your Submission).

  7. Neither we or the Client will have any liability to you in respect of any failure to select your (or any third party's) Submission or refusing to accept your Submission for any reason.

3.3Fulfilment of Briefs

  1. If your Submission is successful (a Client Selection), subject to section 3.2(e), you will move on to fulfilling the Brief.

  2. Where the Client Selection is a Treatment, you and the Client are solely responsible for agreeing all details relating to the production of the Treatment Video (including, but not limited to, all production, delivery, talent and insurance requirements). We will not be party to any such agreement. You should not commence work on any Treatment Video until we have confirmed receipt of the Client Budget.

  3. You agree to provide up to 3 rounds of changes for offline edits and up to 3 rounds of changes for online edits, as requested by the Client, in respect of each Treatment Video and/or Submission Video.

  4. Where the Client Selection is a Submission Video, you will supply a high resolution file of your Video on physical media via mail, or uploaded electronically to such delivery point as notified to you in writing: (i) within 3 days of being notified that your Submission is a Client Selection (or, if edits are requested pursuant to section 3.3(c) of these Terms, completion of such edits); (ii) in accordance with our broadcast specification guidelines and the Client’s requirements as set out in the Brief.

3.4Direct Commissions

  1. The Platform will also enable Clients to approach you directly via your Platform profile to produce Commission Videos.

  2. You and the Client are solely responsible for agreeing all details relating to the production of the Commission Video.

  3. You should not commence work on any Commission Video until we have confirmed receipt of the Client Budget.

3.5Re-Edit

  1. You agree to us featuring your unselected Submission Videos in our Video Store. You acknowledge that this shall be a right and not an obligation and we shall have no liability to you if we elect not to include such Video(s) within the Video Store. You can elect to remove your Video from the Video Store at any time using the functionality on the Platform.

  2. The Platform Functions will enable Clients to watch these Videos and to make an offer to, or request a price from, you for: (i) acquiring such Video from you; and (ii) having you re-edit the Video to the Client's requirements.

  3. You and the Client are solely responsible for agreeing all details relating to the re-editing of the Re-Edited Video.

  4. You agree to provide up to 10 hours of editing time in connection with each Re-Edited Video.

  5. You should not commence work on any Re-Edited Video until we have confirmed receipt of the Client Budget.

3.6Video Standards

  1. You agree to produce/edit and deliver each Client Video with reasonable skill and care and in accordance with:

    1. good industry practice;

    2. all applicable laws;

    3. the relevant Brief / Direct Commission / Re-Edit;

    4. the Treatment and examples of your work provided (if any); and

    5. the Client's reasonable instructions and specifications.

  2. You will be responsible for providing all facilities, assets, personnel and other resources necessary to produce/edit and deliver each Client Video.

  3. You undertake that all personnel involved in, and all contributors to (including talent and music), any Client Video will sign release forms and other written agreements if required which will: (i) enable the Client, its successors, assignees and licensees to exploit the Client Video (or any part of it) for the media usage specified in the Brief, which will either include or exclude TV/Broadcast, throughout the world for an unlimited number of transmissions and/or exhibitions and for the full period of copyright, or for the period and territories as specifically outlined in the Brief, without any requirement to pay any further costs; (ii) contain express waivers of and/or consents to not enforce so called moral or similar rights in connection with the Videos; and (iii) be free of any third party limitations or residual fees unless otherwise agreed in writing (Production Contracts).

  4. These will include (without limitation) any release forms or other documentation required by us or the Client provided that any document provided or required by us or the Client will not relieve you of your obligations in respect of Production Contracts and we shall have no liability in respect of your reliance on any document provided by us. Without prejudice to the foregoing, unless specified otherwise by Genero or the Client you agree to complete the talent release forms as provided on the Platform and via the Genero App.

  5. You agree to provide copies of the Production Contracts to us and/or the relevant Client upon request.

  6. You will maintain in force, with a reputable insurance company, professional indemnity insurance and public liability insurance to cover the liabilities that may arise under or in connection with any Brief, Direct Commission and/or Re-Edit and shall, on our or the Client's request, produce both the insurance certificate giving details of cover and the receipt for the current year's premium in respect of each insurance. You warrant that you hold all such insurance policies and that such insurance policies fully cover your participation in any Brief, Direct Commission or Re-Edit. You acknowledge that you alone will bear any and all liability arising from any failure to hold such insurance and you shall have no claim against us or the Client in respect of any losses you incur.

  7. You warrant that neither you or any contributor to any Video are subject to the requirements or obligations of any union, guild or similar association (Union) or, if you or any such party is subject to any Union, you warrant and agree to fully comply with such Union’s rules and policies and you indemnify and hold us and the relevant Client harmless for any Union related claims whatsoever and howsoever caused.

3.7Dealings with Us and/or Clients

  1. You agree to act reasonably and in good faith in your dealings with us and/or Clients and to respond promptly to all communications.

  2. You acknowledge that we are not liable for the acts or non-performance of any Client.

  3. You agree to be bound by any requirements agreed between you and the Client as if set out in these Terms.

  4. Once we have received the Client Budget in respect of a Brief, or the Client Budget and resulting Filmmaker Budget has been agreed in respect of a Direct Commission or Re-Edit, we will provide (and you consent to our providing) your Contact Details to the Client and will provide their Contact Details to you.

  5. Whilst we will provide you with the Client's, and the Client with your, Contact Details, all ongoing communication related to any Video should be completed on the Platform via the messaging and other production management tools provided, so we have a record of this communication for your protection.

  6. You will not at any time use or disclose to any person any confidential information relating to us or any Client (including, without limitation, any Brief, Direct Commission or Re-Edit) save to your personnel and professional representatives (on a need-to-know and confidential basis only) or as otherwise required by law.

  7. You agree not to attempt to circumvent the Platform and receive consideration for any Brief, Direct Commission, Re-Edit or related work outside the Platform.

  8. You agree to indemnify us against all liabilities, costs, expenses, damages and losses suffered or incurred by us arising out of or in connection with any claim made against us by any Client arising out of or in connection with any breach of these Terms or other act or omission by you.

  9. You further agree that, while registered on the Platform and for a period of 3 months after you cease to be registered, you shall not:

    1. knowingly seek or accept the custom of any Client independently from the Platform; or

    2. induce, or attempt to induce, any Client to: (i) cease or refrain from using the Platform; or (ii) reduce its use of the Platform, or do any other thing which is reasonably likely to have such an effect.

3.8Fees and Payment

  1. Subject to section 3.8(b) of these Terms, we will release the Filmmaker Payment and any Overages (less the Filmmaker Commission) to you:

    1. on final delivery of the Client Video; or

    2. (where the Client is eligible to make staggered progress payments) in accordance with the prescribed payment schedule agreed between you and the Client and triggered by the Client via the Platform.

  2. The Client will be responsible for releasing progress payments based on your achievement of the agreed milestones and signifying final delivery by marking the Brief, Direct Commission or Re-Edit as complete on the Platform. Any costs incurred by you prior to release of payments are solely at your own risk.

  3. The Filmmaker Payment shall be paid to you in US$ (unless otherwise stated on the Platform or advised by us) by such method as stated on the Platform (which may be updated from time to time).

  4. You acknowledge and agree that the Filmmaker Payment comprises the Filmmaker Budget less the Filmmaker Commission.

  5. The relationship between you and us is and will be that of independent contractor and nothing in these Terms shall render you our employee, agent or partner and you shall not hold yourself out as such.

  6. You acknowledge that you shall be solely responsible for the payment of any applicable income or similar taxes or related payments imposed or levied on any amounts paid by us to you under these Terms and you agree to indemnify us and keep us fully indemnified from and against any liability or expense in connection with such taxes or other payments (save to the extent such recovery is prohibited by law).

  7. You warrant that you are entitled to be the sole recipient of the Filmmaker Payment or any other payment in respect of a Client Video, and neither us nor any Client shall have additional liability to you or any other person in respect of any Client Video following payment of the Filmmaker Payment.

3.9Cancelling Briefs, Direct Commissions or Re-Edits

  1. The Client may cancel a Brief, Direct Commission or Re-Edit in accordance with section 2.8 of these Terms. Neither we nor the Client will have any liability to you in respect of such cancellation.

  2. You may cancel a Direct Commission or Re-Edit at any time prior to agreeing the Client Budget.

  3. You may cancel your engagement pursuant to a Brief, Direct Commission or Re-Edit at any time on provision of written notice to the Client and us if the Client is in material breach of its obligations pursuant to these Terms and, if capable of remedy, such breach has not been remedied within 7 days of written notice requiring such remedy. Any such termination rights will be exercised acting reasonably and in good faith.

3.10Intellectual Property

  1. To the extent that the Client provides any Client Assets, you agree to use the Client Assets: (a) solely for the purposes of producing the relevant Submissions and/or producing/editing the Client Video (as applicable); and (b) strictly in accordance with the Client's instructions.

  2. After final delivery of the Client Video, cancellation of any Brief, Direct Commission or Re-Edit or notification that your Submission Video has been unsuccessful, you agree to make no further use of the Client Assets and delete all copies of such Client Assets in your possession. You further agree to remove all such Client Assets from any Video prior to our inclusion of such Video in the Video Store.

  3. In respect of the relevant Client Video, in consideration of the payment of the Filmmaker Payment:

    1. you with full title guarantee and by way of an exclusive assignment of present and future copyright assign to the Client all rights including without limitation the entire worldwide copyright and all other rights of whatever nature (whether vested or contingent) in and to the Client Video for exploitation at that Client's sole discretion in all media whether now or hereafter known throughout the universe for the full period of copyright therein and all renewals and extensions thereof and thereafter (in so far as is permissible by law) in perpetuity;

    2. you irrevocably and unconditionally waive and/or provide all relevant consents to not enforce or shall procure the irrevocable and unconditional waiver of and/or consent to not enforce all so-called moral rights in the Client Video that you or any individual engaged by you may have now and in the future in any part of the world; and

    3. you warrant and undertake that: (a) you have the sole right and authority to assign the rights expressed to be assigned above; (b) the Client Video is wholly original to you and does not infringe the copyright or any other rights of any third party; (c) subject to section 3.10(f), no consents or permissions are required from you or any third party in respect of the applicable Client's use of any of the Client Video; (d) the Client may exercise any and all rights in respect of the Client Video without identifying any person or persons as the individual/s responsible for creating the Client Video; and (e) the Client may modify, alter, adapt, distort or otherwise change the Client Video regardless of whether such modification, alteration, adaptation, distortion or change is prejudicial to an individual’s reputation or honour.

  4. Upon request of the relevant Client, you agree (at the Client's expense) to execute such documents and perform such acts as may reasonably be required for the purpose of giving full effect to the assignment of rights above, including executing or procuring the execution of any moral rights consent that may be required by the Client.

  5. You grant us a non-exclusive, royalty-free, worldwide, perpetual licence to host and store all Videos submitted by you pursuant to these Terms and to make them available to the relevant Client and, in respect of Videos that are not acquired by a Client pursuant to a Brief, to make such Videos available via the Video Store in accordance with these Terms.

  6. Unless expressly agreed otherwise between you and the applicable Client, you will be solely responsible for: (i) obtaining any clearances that may be required in order for the Client to exploit each Client Video (or any part of it) for the media usage specified in the Brief, which will either include or exclude TV/Broadcast (including but not limited to any consents and/or clearances in respect of any contributors, interviewees, third party copyright owners and/or any other persons who have performed services in connection with the Client Video), throughout the world for an unlimited number of transmissions and/or exhibitions and for the full period of copyright, or for the period and territories as specifically outlined in the Brief, without any requirement to pay any further costs; and (ii) ensuring that the Client’s rights in the Client Video are free of any third party limitations or residual fees unless otherwise agreed in writing. Notwithstanding the foregoing, you will not be responsible for, unless agreed in writing between you and the Client, communication to the public rights in respect of musical compositions in the Client Video.

  7. You agree:

    1. if reasonably requested by us or the Client, to participate in press photography/filming, media interviews and/or other promotional/publicity activity in respect of the Platform, the Platform Functions and/or the Client Video; and

    2. that we and/or the Client shall have, the right to use your name, likeness and biography to promote the Platform, the Platform Functions and/or the Client Video.

SECTION 4 - DEFINITIONS

In these Terms, unless the context clearly indicates otherwise, the following terms have the following meanings:

Brief means a creative brief setting out a Client's Video requirements posted on the Platform pursuant to these Terms.

Brief Form has the meaning given to it at section 2.2(a) of the Terms.

Client has the meaning given to it in the Introduction to these Terms.

Client Assets means images, audio/audio-visual content and/or other materials provided by the Client for inclusion in Submissions and/or use in the fulfilment of Briefs, Direct Commissions or Re-Edits.

Client Budget means the total budget payable by the Client for a Brief, Re-Edit or Direct Commission and includes the Client Fee, the Filmmaker Commission and the Filmmaker Payment.

Client Fee means:

  1. in respect of each Brief, the percentage of the Client Budget specified in the Brief Form or agreed with Genero otherwise;

  2. in respect of each Direct Commission or Re-Edit, the percentage displayed on the Platform of the Filmmaker Budget; and

  3. a sum equal to 10% (or as advised otherwise) of any Overages.

Client Platform Functions has the meaning given to it in section 2.1(a) of these Terms.

Client Selection means the successful Submission selected by a Client.

Client Video means a Submission Video, Treatment Video, Commission Video or Re-Edit Video as applicable.

Commission Video means a Video produced pursuant to a Direct Commission.

Communication has the meaning given to it at section 1.4(b) of these Terms.

Contact Details means your contact details such as email address, phone number and/or internet messaging service address (if provided to us).

Content Standards means the content standards set out at section 1.4(d) of these Terms.

Dashboard means a personalised Client dashboard on the Platform.

Direct Commission means the approach and commission of an individual Filmmaker directly by a Client via the Filmmaker's Platform profile pursuant to these Terms.

Filmmaker has the meaning given to it in the Introduction to these Terms.

Filmmaker Budget means the Client Budget less the Client Fee.

Filmmaker Commission means the percentage displayed on the Platform of the Filmmaker Budget retained by Genero before the Filmmaker Payment is released.

Filmmaker Payment means:

  1. in respect of each Brief, the Filmmaker Budget specified on the Brief page less the Filmmaker Commission; or

  2. in respect of each Direct Commission or Re-Edit, the Filmmaker Budget agreed between the Client and the Filmmaker pursuant to these Terms, less the Filmmaker Commission.

Filmmaker Platform Functions has the meaning given to it in section 3.1(a) of these Terms.

Genero Content has the meaning given to it at section 1.2 of these Terms.

Licence has the meaning given to it in section 2.9(b) of these Terms.

Overages means additional costs agreed between the Client and the Filmmaker in addition to the Client Budget in relation to any Video.

Platform means our platform located at genero.com or genero.tv.

Platform Functions means any and all functionality available on the Platform.

Privacy & Cookies Policy means our privacy and cookies policy located here: https://genero.com/privacy

Production Contracts has the meaning given to it in section 3.6(c).

Re-Edit means a commission of a Filmmaker by a Client to re-edit a Video selected from the Video Store pursuant to these Terms.

Re-Edited Video means a Video produced pursuant to a Re-Edit.

Relevant Taxes means any value-added tax, sales tax, goods and services tax or other tax or duty imposed on any transaction entered into through or in connection with the Platform and the Platform Functions that by applicable law must be added to any amounts charged for any participation, use or purchase related to the foregoing and must be collected by you, us or the relevant Filmmaker.

Submission means a Treatment or Submission Video (as applicable).

Submission Deadline means the deadline for Submissions specified in the relevant Brief.

Submission Video means a completed Video submitted by a Filmmaker in response to a Brief.

Terms means these terms of use, together with the documents referred to in them.

Treatment means a proposal for a Video submitted by a Filmmaker in response to a Brief.

Treatment Video means a Video produced from a Treatment that is a Client Selection pursuant to these Terms.

Union has the meaning given to it in section 3.6(g) of these Terms.

Video means audio-visual (or visual) video or other content produced by a Filmmaker.

Video Store means our library of Videos located here: https://genero.tv/store.


Last Updated 19 October 2016.
© 2016 Genero, all rights reserved.

Official Selection

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Glendon_and_Isabella
Israel
603 1 0
Description
Love is like junk food, it kills if you eat too much

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