END USER AGREEMENT
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE SERVICES DESCRIBED BELOW. BY USING THE SERVICES, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE SERVICES.
- The Service.
We bring together freelance journalists who submit ideas and respond to mandates that we gather from networks and studios (“our services”). Your use of our services shall be strictly in accordance with this Agreement. Nothing in this Agreement grants or transfers to you any ownership rights in our services, including the software and other intellectual property rights related to our services.
If you agree to obtain our services and be bound by these terms, you have to check the boxes besides Sections 4, 5, and 6 of this Agreement, to acknowledge that you understand everything.
- Service Provider’s responsibilities
You agree to comply with these terms and other applicable laws and regulations, including, but not limited to those relating to copyright, trademark, other intellectual property rights, and privacy. You agree to notify us promptly if you suspect unauthorized access to your account. Until you notify us, you remain solely responsible for such unauthorized access and/or use, and any damages that may result therefrom.
- Payment for information you provide.
When something you bring to our attention is greenlit to production, you get 10% of Prototipe’s Producer fees on any long-form production sale. That is the bounty on the idea you supplied, no additional work from you needed. (Note: Aggregated sales, like the hypothetical ghostly pets roundup above, could mean sharing the 10% reward with other Farmers). The farmer is also given an Associate Producer credit on the project, subject to network approval.
- Opportunity to develop.
This company is about opportunity as well as money. If you pitch an idea and want to help us develop it into a show- by contacting subjects or taking photos and video, for example- you may have that option. Let’s say the show you pitched and co-developed is sold to a network; we’ll make sure they see the value of your contribution and consider you for other compensated roles such as consultant, associate producer or even as onscreen talent. If the network does not, you always have the 10% backstop from the Farm as compensation. (This is an either-or. If your role with the network earns more than our 10% fee to you, they pay you, not us. If your role with the network earns you less than 10% of what Prototipe producers make, don’t worry, we pay you the difference. This way, we’re incentivized to encourage your involvement).
- Payment for referring someone to us.
We’re looking for good Proto-Farmers, people at nodal points of information, who know a good story when they hear it and have some judgment about the public interest. If you introduce someone to us, and he/she is accepted into the Farm, you make $1,000 every time that person successfully pitches an idea that is greenlit for long-term production by a media company.
- Further opportunity to launch ideas.
The Farm can also serve as a vehicle to launch ideas. The higher-profile work you do through the Farm could mean tie-ins to national media companies, literary agents, production studios, publishing houses, national magazine outlets, TV networks and entertainment agents. It’s really a matter of your ambition and desired level of involvement. You can collect 10% for a good tip and never even watch the show, or you can dive in and create a brand for yourself.
- Producorial credit for writers.
We always advocate for a producorial credit for our writers. These credits are not guaranteed as they are at the discretion of the network, studio or streamer.
- Intellectual Property
You acknowledge our absolute ownership of, interest in, and rights to the brand name and our Software. You also acknowledge that we shall retain sole ownership of all the intellectual properties, know-how, or other proprietary rights in our content and business. No right or interest is granted or shall be deemed to be granted by us to you.
We shall own all Intellectual Property rights in the ideas you submit to us. We shall hold such rights for six (6) months.
- Applicable Law
This Agreement shall be deemed to have been made, executed, and delivered in the State of [ENTER STATE] and shall be construed per the laws of the State of [ENTER STATE].
It is the intent of the parties that in case any one or more of the provisions contained in this Agreement shall be held to be invalid or unenforceable in any respect, such provision shall be modified to the extent necessary to render it, as modified, valid, and enforceable under applicable laws and such invalidity or unenforceability shall not affect the other provisions of this Agreement.
- Entire Agreement
This Agreement and the Terms and Conditions constitute the final and entire Agreement between us and you. It supersedes all prior and contemporary agreements, oral or written.
This Agreement may be modified or amended only by a duly authorized written instrument executed by the parties hereto.
The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.
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