VeryViralVisuals Content Distribution Agreement, herein referred to as the (“Agreement”) which is by and between VeryViralVisuals (“VeryViralVisuals”, “we”) and the undersigned Promotor who is registering to the service (“Promotor”, “you”, “your”) is effective as of the date of sign-up execution and agreeing to our terms. This is the effective date (“Effective Date”).
The scope of this Agreement is to allow the Promotor to legally edit, upload, and monetize original content that VeryViralVisuals owns exclusive rights and licensing to via Enfinity. By allowing the Promotor to upload these videos, VeryViralVisuals’ will claim and pay out the content via Enfinity and split the earnings generated with you in accordance to the tiered revenue-sharing model under the “Payments” section of this agreement.
By agreeing to these terms, you are simply allowing VeryViralVisuals to provide you with access to its original content library so that you can legally upload them on your channel. No other rights will be granted. This is not an exclusive licensing agreement.
The “Content” means (1) the content provided to the Promotor in the form of written documentation (2) as well as any other content that we and you agree in writing to include in this Agreement from time to time.
Payments
- VeryViralVisuals will automatically pay half of the ad- revenue generated from the claims made on the Promotor’s YouTube channel with the Promotor.
- Payments are sent out within 30-business days of our payment partners sending the funds to us. If your content generated revenue in January, this revenue will be paid on or around February 28th.
- You will be responsible for taxes and reporting your revenues in your own respective country, region, state, and city.
- In the event that ads are displayed on other channels containing copyrighted content from multiple claimants, or if you do not edit out the audio segments we may not hold rights to, you will be entitled to collect a share of the divided revenue with other rights holders (e.g. Music Publishers). Use good discernment to properly distribute the content while abiding by copyright laws.
- The I.P. Owner (“VVV") will have no obligation to pay any amounts, and is permitted to deduct or withhold any amounts owed, determined or reasonably suspected by VVV, in its sole discretion, to have resulted from: (a) Action Fraud, including without limitation through any clicks originating from your IP addresses or computers under your control, solicited by payment of money, false representation or request for end users to click on Ads, or (b) fraudulent, misleading or false activities or activities that VVV or its primary platforms, which is Instagram, Douyin, YouTube and Facebook, believe to be fraudulent or misleading or in violation of either of their respective terms of service, guidelines, rules, or privacy policies.
- We ("VVV") reserve the right to withhold or deduct any payments, pending our reasonable investigation of any of the foregoing or any breach of this Agreement.
Contract Period
The period of this licensing Agreement will be for 12-months with automatic renewals thereafter, unless you terminate this Agreement with 90-days written notice prior to the renewal date.
VeryViralVisuals Rights and Licenses
VeryViralVisuals hereby grants a non-exclusive, recreational upload-only license to the Promotor:
This right does ONLY allow you:
- The non-exclusive right and license to use, reproduce, broadcast, repurpose the Content onto your YouTube channel(s) that are on this agreement’s signature section page, plus any other channels you and us agree to grant access to in writing from time to time.
- The ability to earn revenue on your authorized channels, which can be submitted at the bottom of this agreement.
- Add in your about/description sections the following legal text: “Content used within these videos is copyrighted by VeryViralVisuals Do not re-upload without permission.
This does NOT allow you:
- The exclusive right and license to administer content claiming, including without limitation, Content ID claims, and monetization services for the Content across the YouTube platform.
- Sub-license this content to any other parties, entities, or affiliates.
- Claim ownership of any kind to any of the videos provided.
Clip Submission Forms
- Clip submission forms are a mandatory, featured set-up and will be provided by VeryViralVisuals for you to have your fans submit clips to us for (a) promotion on your channel, and (b) additional Content ID revenues. This is necessary because you will be uploading valid, exclusively licensed clips.
- By signing this Agreement, you are agreeing to display a “Submit Your Clip” link on your channel’s banner, description, video descriptions, about page, community tab in order to drive new revenue.
- All clips submitted to you via VeryViralVisuals will be subject to review before placed inside of Content ID for matching and monetization, which will allow you to use these clips in your videos rights-free.
- Revenues generated from clip submissions from your portal to VeryViralVisuals will be subject to a 50/50 revenue-share from all claimed Content ID revenues between us and you.
Ownership/Clearances/Warranties
- You retain full ownership of your channel, we are just a claimant and content provider partner.
- You will not hold any ownership to any content provided in the catalog, nor will you hold an exclusive license, nor will you be able to upload these clips into any form of Content Identification (Content ID) programs.
- You warrant and represent that your channel(s) do/does not infringe on the rights of any third party or violate YouTube’s Terms of Use, and you agree to defend, indemnify and hold harmless VeryViralVisuals for any and all claims to the contrary.
Other Provisions
- If we've claimed any videos of yours prior to the date you became a promotional partner, we cannot pay you for these earnings either retroactively, in the present, or future. These royalties are legally owned to our original content providers.
- You agree not to dispute or appeal any monetization claims we make on your channel.
- You agree to keep the terms of this Agreement confidential.
- This Agreement is governed and construed according to California law.
- Electronic communication is a sufficient method to notify a party.
- You agree to our general Terms and Conditions which may be amended from time to time.
- Claims generated prior to you becoming a Distribution Partner will not be paid out.
- If you terminate this Agreement then VeryViralVisuals will refrain from placing any future Content ID matches on any newly uploaded content after the agreement termination date takes effect.
- All future payments will cease. Previous claims on content that you generated prior to, and during the tenure of your Partnership with the Company, will remain active and VeryViralVisuals’s exclusive rights to monetize will remain nontransferable and active on all global platforms.