Suppliers
Effective January 13, 2011
FTV accepts content only from accredited and pre-approved FTV Suppliers.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING ANY SUBMISSIONS OF CONTENT TO FTV
Your email will serve as a valid signature to our supplier agreement, until you have advised in writing that the content you supply does not conform to the above rules.
In this case, please do not send ftv any content unless you have written instructions that ftv accepts an amendment to the agreement.
FTV accepts content only from accredited and pre-approved FTV Suppliers.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE MAKING ANY SUBMISSIONS OF CONTENT TO FTV
- Your Acceptance of Terms and Conditions By submitting video, photographic, audio, text or other design content ("Submission") to FTV Programmgesellschaft mbH or its affiliates, agents, licensees or persons acting in production agreements with FTV ("FTV") either via www.ftv.at (the "Website") or by any other means, including, but not limited sending tapes, DVD's, hard disks, flash drives, or other storage devices or by making FTP or other data transfers, you agree to the terms and conditions set forth below (the "Terms and Conditions") and to abide by the FTV Supplier Guidelines found at www.ftv.at. The Website is controlled by FTV principally from its facilities in Austria. You are agreeing to submit to the jurisdiction of Austrian Courts and making important representations to FTV. As an FTV Supplier obtaining valuable FTV credentials, you are taking on important rights and responsibilities and gaining access to the world's most exclusive events. You agree that your strict adherence to the highest standard of public conduct and the highest quality production standards is of the greatest importance in interpreting these Terms and Conditions. If you do not agree to any of the Terms and Conditions, please do not submit content or use the Website. FTV may, in its sole discretion, modify these Terms and Conditions without notice. By making a Submission, you agree that all content submitted by you in the past is subject to such modifications. It is your responsibility to check these Terms and Conditions carefully each time you submit content.
- FTV Supplier Submissions Are Original Content Created By You As an FTV Supplier, you are authorized to submit to FTV only original video, photographic, audio, text or other design content produced by you conforming to FTV Supplier Guidelines. Submissions must consist exclusively of original footage that you personally have produced and own, or upon prior disclosure to FTV and FTV's separate written approval, have been granted the rights to use by a third party. In creating the Submission, you must have obtained releases from any cameraman, on-camera speaker, or production assistant assisting you consistent with FTV Supplier Guidelines. You are not authorized to submit content owned by others or content produced by you for which you have not previously acquired all rights specified in the FTV Standard Release available at www.ftv.at. You agree to maintain copies of such releases and to make such releases available to FTV on request. You agree that submitting content belonging to others to FTV is a serious breach of these Terms and Conditions that will cause FTV damage. For an explanation of FTV's rights and remedies in the case of breaching submissions, see below.
- Absent Prior FTV Approval, FTV Supplier Submissions Cannot Contain Third Party Content Where an FTV Supplier has obtained footage from third parties or by representing to third parties that the footage is to be broadcast on FTV, such content is not appropriate for a Submission and does not conform with Supplier Guidelines unless prior approval from FTV has been obtained in writing. Acquiring third party content by using FTV's name without FTV's prior approval is a serious breach of these Terms and Conditions. Using FTV's name without authorization to solicit footage interferes with FTV's prospective or actual contractual relations. For an explanation of FTV's rights and remedies in the case of breaching submissions, see below.
- FTV Supplier Use of FTV Credentials Must Be For Creation of Content To Be Used Exclusively on FTV FTV Suppliers may be issued appropriate FTV credentials permitting access to the world's most exclusive fashion and celebrity events. Such access is a valuable trade relationship unique to FTV. You agree to use best efforts to have your staff place FTV logos on cameras, bags and to wear a cap and/or t-shirts bearing FTV logos. FTV would be irreparably harmed by an FTV Supplier using access gained using FTV's name and credentials for the benefit of a competitor. Accordingly, you represent and warrant that you will use all footage (complete rushes) or images obtained using FTV credentials exclusively for submissions to FTV and not to any third party. To ensure proper usage of FTV credentials, all Submissions must use a microphone bearing the FTV logo. If your Submission fails to make prominent use of an FTV microphone, FTV will be entitled to presume that footage was paid for by a third party and is not original and exclusive, that FTV credentials were misused and that exclusive FTV content was improperly provided to a third party. For an explanation of FTV's rights and remedies in the case of failure to use FTV microphone or other misuse of FTV credentials, see below.
- FTV Supplier Content Obtained Without Using FTV Credentials: Exclusive v. Non-Exclusive Footage FTV seeks only original and exclusive content. If you obtained footage using your own credentials, FTV is not interested in submissions of non-exclusive footage and will not make any Supplemental Payments unless you disclose the names of the other potential broadcasters or publishers in advance in writing and FTV has approved such non-exclusive footage in advance.
- FTV Supplier Grant of Rights
By obtaining footage using FTV credentials, you agree that your Submissions are to be considered and treated as works for hire to the full extent of the law. You agree not to dispute the status of the Submission as a work for hire or to assert rights inconsistent with the Submission being treated as a work for hire. However, to the extent certain works may not qualify as works for hire, by submitting content to the Website, you agree to a present transfer of ownership rights in the Submissions, including all copyrights and moral rights. Alternatively and in addition, by submitting Submissions to FTV, you hereby grant FTV a worldwide, exclusive, royalty-free, sublicenceable and transferable license to use in any possible way, including, but not limited to: broadcast via any known or unknown technology, including but not limited to television, satellite, cable, IP, mobile, hand-held devices, Wi Fi, hard DHS, memory sticks, radio MMDS, or any other existing or future technology, to reproduce, distribute, resell to a third party, prepare derivative works of, display the Submissions or any portions thereof in connection with the Website and FTV's (and its successors' and affiliates') business in any media formats and through any media channels; including, but not limited to using the Submission in advertising or in any way, shape or form in any technology now existing or to be invented permits, or to modify the Submission in any way shape or form including editing, distortion, or mutilation. The above exclusive licenses granted by you are perpetual, royalty-free and irrevocable.
By making a Submission, you grant to FTV the right, but not the obligation, for FTV in its sole discretion to use your name, likeness, photograph, and/or statements regarding your participation in the Submission (with or without using your name) in any and all media without limitation as to time or territory, and without additional compensation or approval from you or any other party or, in the alternative to credit the Submission in any way, shape or form permissible by law, including publishing the Submission without or with alternative ghost credit. - FTV Supplier Representations and Warranties By uploading and entering a Submission, you warrant and represent that the Submission (a) is original and has been legally created; (b) does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; (c) has not been submitted to any other broadcasters or republishers of any type in anticipation of publication; and (d) has not been published or distributed previously in any media. You represents that you own all rights to the Submission. In the case of a corporate or limited liability entity, you affirm that you have authority to bind the entity to these Terms and Conditions. For an individual, you affirm that you are either over 21 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
- FTV Supplier Indemnification
You agree to indemnify and hold FTV, its agencies and their respective affiliates, officers, directors, agents, distributes, licensees, third parties purchasing or licensing content from FTV, advertisers, co-branders or other partners, and any of their employees (collectively, the "Indemnitees"), harmless to the fullest extent permissible by law from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Indemnitees due to or arising out of the Submission, or your conduct in creating the Submission, including but not limited to claims for trademark infringement, copyright infringement; violation of an individual's right of publicity or right of privacy; or defamation. You further agree to release FTV from any and all claims that any advertising subsequently produced, presented, and/or prepared by or on behalf of FTV or any third party authorized by FTV infringes your rights with regard to any elements, characters or ideas contained in the Submission.
You acknowledge, unless otherwise agreed in writing by an authorized FTV officer, that you have no right to seek payment or have the Submission published and that FTV has made no promises, express or implied, to publish, broadcast or otherwise use the Submission. - FTV's Rejection of Content If FTV does not use or publish the Submission, it is deemed rejected and no Supplemental Payment will be warranted. FTV's refusal of the content may be based on violation of Supplier Guidelines, for objective quality reasons, for subjective reasons of taste, style, programming needs or for any other reason whatsoever. You agree that FTV's reason for rejection need not be reasonable and that fashion broadcasting is highly subjective and that programming decisions may appear to be arbitrary or unreasonable. FTV reserves the right to cease broadcast of Submissions without prior notice, in its sole discretion unless otherwise separately agreed in writing.
- FTV Supplier Rights Waiver
You waive all intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude FTV's use of the Submission, and agrees not to sue or assert any claim against FTV based on intellectual property rights or to seek to enforce or claim intellectual property rights before any third parties, including governmental and non-governmental entities.
You acknowledge that you have no rights to accurate or complete publication or broadcast of the Submission. To the extent permitted by law, you waive any claims against FTV for publication or broadcast of Submissions that are inaccurate, mutilated, distorted, misattributed, or published in a manner that you find offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against FTV with respect thereto.
You waive any right to have the Submission be returned or deleted. You understand that submitting content will cause FTV to make multiple copies and to distribute such copies automatically or manually to third parties over which it may not have control. You understand and agree that FTV may retain, but not display or distribute server copies of Submissions that have not been published or broadcast. You agree that FTV bears no liability for the intentional or accidental deletion of a Submission. - Payment and Supplemental Payment You acknowledge that FTV's providing you with valuable credentials and undertaking to consider the Submission for publication or broadcast is a good and valuable consideration sufficient to recompense FTV Supplier for the Submission. However, certain Submissions may qualify for a supplemental payment ("Supplemental Payment"). For a Submission to qualify for a Supplemental Payment, FTV must enter a separate written agreement and submit a separate invoice in an amount pre-approved by FTV.
- Submissions Not Qualifying for Supplemental Payment Notwithstanding any agreements to the contrary verbal or written, Submissions that do not comply with FTV Supplier Guidelines shall not qualify for a Supplemental Payment. For example: Submissions obtained using FTV credentials that do not use the FTV microphone in interviews or containing third party content shall not qualify for Supplemental Payment. Submissions that do not reach 5 carat quality in FTV's editorial judgment shall not qualify for Supplemental Payment. Submissions that do not comply with FTV Supplier Guidelines cause damage to FTV and FTV may not be able to timely replace the content relating to the Submission. At FTV's option, FTV may choose to mitigate its damages by accepting the Submission as set forth above, but such Submission shall not qualify for Supplemental Payment.
- Submissions Containing Unauthorized Third Party Content In the event that you knowingly or negligently make a Submission containing content belonging to a third party, you agree that this is a serious breach of these Terms and Conditions and that FTV will be irreparably harmed and suffer damages. You agree that FTV shall have the right to make an immediate offset of five times the invoice amount relating to the offending footage, with FTV reserving all rights at law and equity to seek additional damages and injunctive relief.
- Fraudulent Use of FTV Supplier Credentials In the event that you use FTV credentials to produce content for any person or entity other than FTV or submit such exclusive footage to another party in breach of these Terms and Conditions, you acknowledge that doing so is a serious breach of these Terms and Conditions and that FTV will be damaged. You further consent to FTV seeking an injunction against you and whomever profited from this misuse of FTV credentials, whether knowingly or unknowingly. You agree that failure to use an FTV microphone entitles FTV to presume that you misused FTV credentials and received improper compensation from a third party. You agree that in such a case, you will be responsible for FTV's attorneys fees and costs in recovering the misused content from any third party who has misused FTV's credentials. FTV reserves all rights at law and equity to seek damages and injunctive relief. Where FTV discovers exclusive footage appearing in third party broadcasts or on third party websites or otherwise republished, you agree that FTV shall have the right to make an immediate offset of five times the invoice amount relating to the offending footage, with FTV reserving all rights at law and equity to seek additional damages and injunctive relief.
- Governing Law and Dispute Resolution This Agreement shall be construed under and interpreted in accordance with the laws of Austria. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be decided exclusively in the District Court of Vienna.
Your email will serve as a valid signature to our supplier agreement, until you have advised in writing that the content you supply does not conform to the above rules.
In this case, please do not send ftv any content unless you have written instructions that ftv accepts an amendment to the agreement.