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Consider The Dog Royalty Update
VIDEO PROVIDER AGREEMENT (“AGREEMENT”) EXHIBIT A SERVICES, DELIVERABLES, SPECIFICATION, FEES AND SCHEDULE
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1.
SERVICES
: Provider shall perform the following Services for K9:
a. Developing and hosting on camera video segments on subjects related to provider’s area of expertise.
2.
DELIVERABLES
: Provider shall develop and deliver to K9 the following Deliverables:
a. Video segments that are fully edited and suitable for exhibition, transmission and distribution on subscription video on demand services and/or in all other media and means of broadcast, transmission, distribution in which video segments may be exploited, now known or later developed. Upon request, Provider shall also provide to K9 all raw footage used for creating fully edited video segments.
3.
SPECIFICATIONS
:Provider shall be responsible for development of content, booking of guests and talent, venues to conduct videotaping and all facets of production and post-production necessary to produce fully-edited video segments. Without limitation, K9 shall not be responsible for furnishing any production assistance, facilities, talent and/or financial support for any segment without a specific separate written agreement being concluded with Provider.
4.
ROYALTIES AND COMMISSIONS
: K9 shall pay Provider Royalties and Commissions as follows:
a. For fully-edited Materials or Licensed Materials suitable for exhibition, transmission, broadcast or distribution accepted by K9 (i) fifty percent (50%) of net revenues collected by K9 in connection, after merchant processing fees, with each specific video segment individually ordered on K9’s Site and (ii) Provider’s pro rata share of fifty percent (50%) of the net revenues, after merchant processing fees, from subscriptions collected by K9 for its Site based upon a fraction where the number and length of views of Provider’s video segment(s) is the numerator and the denominator is the number and length of views of all video segments viewed by subscribers on K9’s Site. K9 shall remit payment to Provider together with a statement reflecting the number and length of views of Provider’s video segment(s) within thirty (30) days of the end of each calendar quarter based upon revenues actually received by K9 with respect to each video segment and for subscriptions during the preceding calendar quarter. No payment will be due to Provider for promotional or other unpaid copies, downloads, broadcasts, views or other uses of video segments. K9 may retain a reasonable reserve from Royalties for up to three (3) calendar quarters to address errors, disputed charges, refunds and the like.
b. For Materials produced by K9 where Provider’s Appearance is Provider’s sole contribution (i) twenty percent (20%) of net revenues collected by K9 in connection, after merchant processing fees, in connection with each specific video segment individually ordered on K9’s Site and (ii) Provider’s pro rata share of twenty percent (20%) of net revenues, after merchant processing fees, from subscriptions collected by K9 for its Site based upon a fraction where the number and length of views of Provider’s video segment(s) is the numerator and the denominator is the number and length of views of all video segments viewed by subscribers on K9’s Site. K9 shall remit payment to Provider together with a statement reflecting the number and length of views of Provider’s video segment(s) within thirty (30) days of the end of each calendar quarter based upon revenues actually received by K9 with respect to each video segment and for subscriptions during the preceding calendar quarter. No payment will be due to Provider for promotional or other unpaid copies, downloads, broadcasts, views or other uses of video segments. K9 may retain a reasonable reserve from Royalties for up to three (3) calendar quarters to address errors, disputed charges, refunds and the like.
c. For Materials or Licensed Materials where K9 provides any production assistance, facilities, talent, post-production services, or incurs or reimburses Provider for any costs, such costs or the reasonable value of such services and facilities shall be fully recoupable against Provider’s Royalties under Sections 4(a) or 4(b) above.
d. For Licensed Materials where K9 no longer has exclusive rights, the Royalty Rate under Section 4(a) will be halved from fifty percent (50%) to twenty-five percent (25%) and subject to recoupment pursuant to Section 4(c).
e. Within one (1) year of the date of any statement rendered to Provider, it shall be deemed final and binding on Provider unless Provider furnishes written notice of dispute within one (1) year of the date of the statement specifying the alleged error(s) in calculation and/or payment of Royalties.
f. Provider will be given access to enroll in an affiliate program operated by a third party. Through this program, provider will be given a unique link to use to promote K9. Users who follow the link will have 60 days to make a purchase in order for their user account to be connected to the provider affiliate account. Once the accounts are connected, provider will receive 20% of all video purchases and subscription purchases from that user for as long as the providers content is still available on K9 website.
g. In the event that we can no longer provide the affiliate program, royalty rates will change from 50% (provider produced content) and 20% (K9 Produced content), to 70% and 30% respectively.
I agree that the above terms will override and render void all previous versions of this agreement
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Date
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