Agency agreement

1. THE SUBJECT OF THE AGREEMENT

1.1. The Principal entrusts and undertakes to pay, and the Agent undertakes to perform on its behalf, but at the expense of the Principal, the following legal and other actions aimed at the realization of the mater being an object of intellectual property, under the conventional name: _________ ID: _________ (hereinafter - the Material), the following actions: 

1.1.1. Conduct an advertisement for the Material and offer the Material to potential buyers.

1.1.2. Place the Material in the image library on the Footage-stock.com website.

1.1.3. Negotiate with the buyer regarding the implementation of the rights to the Material.

1.1.4. To make a transaction (transaction) with the buyer aimed at the implementation of the Material, on the terms provided for in paragraph 1.2 of this agreement.

1.2. The agent must make a transaction (transactions) on the following conditions:

1.2.1. Type of transaction: license agreement in accordance with the rules and on the terms of the site posted on the site Footage-stock.com. The transaction acquires rights and the Agent becomes obliged, although the Principal was named in the transaction or entered into a direct relationship with the buyer in executing the transaction.

1.2.2. The size of the license fee is determined in accordance with the rates indicated on the site Footage-stock.com (hereinafter referred to as the site).

1.2.3. The Agent undertakes to pay the Principal a license fee (less agency fee) within 3 (three) calendar days  from the date of signing the license agreement by transferring money to the Principal's account in the personal account on the Site. 

1.3. Nothing in this Agreement shall be construed as transfer of the exclusive rights of the Principal to the Agent. Under the transaction made by the Agent in the execution of the Principal's instruction to this Agreement, the exclusive right to the Material is provided directly to the buyer of the Material.

 

2. GUARANTEES

2.1. The Principal guarantees that it is the sole owner of the Material and all other protected results of intellectual activity that are imprinted on the Material.

2.2. The Principal guarantees the absence of claims of third parties to the Material, as well as any disputes (including extrajudicial).

2.3. The Principal guarantees that the commission to the Agent is exclusive and no third party has the right to post the Material and / or grant the rights to use the Material to the license contract or the alienation contract.

 

3. AGENCY REMUNERATION AND PAYMENT PROCEDURE

3.1. The agency fee under this agreement is 70 (Seventy) percent of the amount of the license agreement.

3.2. The Agent retains the Agency fee from the amount of the license fee received from the Licensor.

3.3. The Principal has the right to leave a request for payment of a license fee in his personal account on the Site. The Agent shall effect the transfer of funds to the Principal's details within 5 (five) business days from the date of the request. The payment is made using the PayPal payment system according to the details of the Principal indicated in the personal account on the Site.

3.4. The obligation to pay commissions of banks and payment systems, as well as the payment of relevant fees, duties or taxes is assigned to the recipient of the funds.

 

4. RESPONSIBILITY OF THE PARTIES

4.1. The parties confirm the validity of the guarantees given in this Agreement.

4.2. If the Principal violates the guarantees given in this Agreement, the latter undertakes to pay a fine in the amount of double the cost of agency fees. In addition, the Principal reimburses all losses of the Agent (including legal costs).

4.3. The Principal bears responsibility for causing losses to the Agent or buyers, caused by unreliable information about the Material provided by the Principal to the Agent.

4.4. Other measures of responsibility of the Parties for non-fulfillment of their obligations under this contract are determined by the general rules of the Civil Code of the Russian Federation.

4.5. For breach of the terms of use of the Material, the Buyer shall bear the responsibility.

4.6. The agent is not responsible for the illegal actions of third parties, as well as technical failures in the operation of the site.

 

5. SETTLEMENT OF DISPUTES

5.1. Disputes and disagreements that may arise during the execution of this contract will, if possible, be resolved through negotiations between the parties.

5.2. Disputes of the parties that are not settled by negotiation shall be submitted for permission to the court at the location of the Agent.

5.3. The contract is made in Russian and English. In the event of a conflict between the versions of the Treaty, its Russian version is an advantage.

 

6. TERM OF THE AGREEMENT

6.1. The present contract comes into force from the moment of its signing by the Parties and is valid until the moment of termination.

6.2. This agreement is terminated, in addition to the general grounds for termination of obligations, also due to the termination of the term of protection of copyright on the Material.

6.3. Any changes and additions to this contract are valid only if they are made in written form and signed by the Parties or properly authorized by representatives of the Parties.