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License Agreement - PGC

LICENSE AGREEMENT

HolidayPirates GmbH

Neue Grünstrasse 18, 10179 Berlin

hereinafter referred to as “The Licensee” -

§ 1 Preamble

The Licensor is the owner of the rights of use to videos and photos - hereinafter collectively referred to as “visual material”. The Licensee wishes to use the Licensor’s visual material for his own business purposes.

The subject matter of this agreement is the granting of copyright usage rights to the Licensor’s visual material under the following conditions. The purpose of this agreement is to enable the Licensee to use the Licensor’s visual material to promote its own business purposes. By providing the visual material to the Licensee, the Licensor agrees with the following terms.

§ 2 Rights

(1) The Licensor grants the Licensee non-exclusive, spatially and temporally unrestricted rights to the visual material to publish it worldwide, on its corporate website and in the Licensee’s social media channels especially, but not limited to the purpose of advertising, marketing campaigns, promotion, newsletters, and company websites. The Licensee is also entitled to use excerpts from the visual material to the aforementioned extent.

(2) The Licensee shall not be entitled to sublicense the rights granted, with the exception of the necessary granting of rights to the providers of the social media channels.

(3) The Licensor agrees that the Licensee is entitled to edit and combine the visual material with any other material, for example, images, text, graphics, gifs, any other audiovisual materials, and to use the combined material to the extent as agreed herein above.

§ 3 Remuneration

(1) Starting from September 1st, 2023, the payment process for the new PGC format has been updated. A monthly report must be submitted by the end of each month, and payments will be made at the end of the month. For example, a report submitted by the 14th of September will be paid by the end of October.

(2) These bundles outline how Pirates will be compensated on a monthly basis. For instance, if a pirate contributes more than 30 indexed videos through the active upload links by September 14th, they can expect a payment of 200 euros by the end of that same month.

(3) The prices per video will depend on the number of indexed videos:

1 or 2: 14€ per video

3 to 8: 12€ per video

9 to 15: 120€ for the package

16 to 30: 160€ for the package

More than 30: 200€ for the package

(4) The prices per photo will depend on the number of indexed photos:

1 - 2 photos: €4 each

3 - 5 photos: €3.50 each

6 - 10 photos: €2.50 each

11 - 20 photos: €2 each

21 - 33 photos: €1.50 each

34+ photos: €50

§ 4 Workflow Process

Monthly Needs Assessment: Our Social Media Strategy team will assess and share monthly content needs and ideas via Slack.

Content Call-Out: We will notify contributors through the #work_channel on Slack, providing specific upload links for the required content.

Video/Photo Submission: Contributors can upload their content using the provided links, ensuring to include their author name and location tags in English.

Final Selection: The Creative Studio will go through all the submissions and index to our library content that fills the requirements criteria (full HD as minimum resolution, 5 secs min duration and that the video does not infringe any third-party rights and copyrights) and also stand out visually, considering the aesthetic and the feel and look from the videos. Selected videos/photos become part of our resources.

§ 5 Third Party Rights / Liability

(1) The Licensor warrants that the visual material does not violate any statutory provisions, in particular that it does not infringe any third-party rights (e.g. general personal rights of the persons depicted, trademark rights, copyrights, etc.).

(2) The Licensor further assures that it alone is entitled to dispose of the copyrights to the visual material required for the performance of this Agreement.

§ 6 Final provisions

(1) This agreement shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of jurisdiction for all disputes arising from this agreement shall be the Berlin Regional Court, unless otherwise prescribed by law.

(3) Should individual provisions of this agreement be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions of this agreement. The parties shall endeavor to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the invalid or unenforceable provision in economic terms.