Congratulations on your decision to use the Latest Sightings website (owned and operated by Latest Sightings Proprietary Limited and accessible using the following
URL: (www.latestsightings.com) (Website), or any of the latest Sightings Applications, to Monetize your wildlife video (Video) and / or Gif, and / or Still image (collectively called “Media”).
Where you post any items whether Video, Gif, or Still images for the purpose of accessing the website and or to share such media for the purposes of sharing and / or monetizing the Video and / or Media, the posting of such items are subject to the below mentioned Agency and Licensing Agreement, which is an addendum to the general terms and conditions above.
1. DEFINITIONS – AGENCY AND LICENCING AGREEMENT
1.1 For the purposes of this agency and licensing agreement:
1.1.1. the term Agreement means the Latest Sightings Agency and Licensing Agreement between you and us set out in this document, as amended from time to time in terms of clause 1.5; hereunder, and where any condition and / or definition of this agency and licensing agreement conflicts with the Website General terms and Conditions as set out above, the condition and / or Definition of this agreement shall be interpreted as the applicable term and condition within the context of this agreement and
1.1.2. the term Monetize means all activities undertaken by us (or by our clients, licensees, agents, partners and other third parties authorised by us), which are aimed at promoting or generating revenue from your Video and / or Media , which includes, without limitation, licensing, hiring, using, distributing, reproducing, transmitting, storing, publicly performing, making available online or otherwise, communicating to the public, displaying, exhibiting, indexing, commenting on, editing, cutting, modifying, creating derivative works based upon and otherwise monetizing the Video and / or Media, in whole or in part, in and through whatever medium or technology we or our clients, licensees, agents, partners and other third parties authorised by us, use or may use in the future, which includes mediums that are not yet in existence, and cognate expressions shall bear corresponding meanings.
1.1.3. Direct Income only is shared. This means that only direct income derived from the posting of and / or use of the Video and / or Media, and which results in direct financial income, derived as a direct result of the posting of the Video and / or Media by you on the Latest Sightings platform and / or Applications is subject to income sharing as per clause 7 below. Just so you are clear, this means money actually earned, directly from the Licensing and / or advertising income derived directly from the Video / Media, of your Video and / or Media by us will be shared with you as per clause 7 below.
1.2 We obtain different rights based on the following:
This Agreement sets out the basis upon which you appoint us as your sole and exclusive agent and grant us an exclusive license of the Video and / or Media (it is to benoted that no partnership of any rights and / or partnership in the Video material and / or Media is in any manner created by this agreement), with the right to delegate our mandate under this agreement by appointing and / or sub-licensing third parties to Monetize the Video and / or Media on our behalf, both the appointment as agent and the grant of the license being on a worldwide basis, to do all such things as may in our discretion be necessary to Monetize the Video and / or Media. If there are any specific features that you do not want the Video and / or Media to portray on our platforms, please inform us in writing when the Video and / or Media is sent to us. The contributor can monetize the Video / or Media on their own social media channel.
Photos submitted by photographers or contributors for the use in articles on our website, social media platforms and / or MSN and their partners will be granted with a non-exclusive license. Where Direct income is derived, payments will be made as stated in clause 7 therein.
1.4. By accepting the terms and conditions of the partner program blanket agreement, you agree that the terms which have been set out in this agreement are bound to all Videos and / or Media submitted to LS via email, WeTransfer, Dropbox or other means.
1.5. Your Video and / or Media should not contain any content that might be harmful to animals, offensive, pornographic or unlawful as Videos and / or Media of this nature will not be shared on any of our platforms.
1.6. We may from time to time make changes to this Agreement, which changes will take effect from the date specified by us when the updated version of this Agreement is published on the Website, all such changes to be applicable, from the date so specified, to any Video and / or Media provided to us under this Agreement or under any other agency and licensing agreement entered into between you and us, which has not be terminated (each an Agency and Licensing Agreement). If you object to the changes we may make to thisAgreement from time to time, then you should advise us in writing, by way of any email addressed firstname.lastname@example.org, that you do not intend to be bound by such amended terms and conditions. You further undertake to immediately cease your use of the Website and agree that your continued use of the Website shall constitute deemed consent to be bound by the changes made from time to time to this Agreement.
2. ABOUT LATEST SIGHTINGS
Latest Sightings is a social media company based in South Africa that, amongst other activities, gathers and shares wildlife Video and / or Media received from members of the public. If you like interacting with like-minded wildlife enthusiasts, then this is the portal to explore your passion for wildlife.
3. OUR ROLE IN THIS AGREEMENT
3.1. We will, to the best of our reasonable endeavours, promote and Monetize the Video and / or Media, which includes, without limitation, any or all of the following activities:
3.1.1. copy, distribute, publicize, commercially exploit and sub-license the Video and / or Media, together with Video and / or Media received from our other clients;
3.1.3. sub-license the Video and / or Media to others in order to assist us in promoting the Website, the Latest Sightings’ Youtube channel and Latest Sightings other media platforms;
3.1.4. upload the Video and / or Media to our Website or any other media platform used by us for promotional or other purposes;
3.1.5. do anything related to the marketing and distribution of the Video and / or Media as we may in our sole discretion deem necessary; and
3.1.6. grant any or all of the above rights to third parties.
3.1.7. Latest Sightings is hereby irrevocably authorised to use, for promotional purposes, whether or not Direct Income is derived from same, any Video and / or Media posted by the user, provided that Latest Sightings will reflect the source of such media in any such promotion created by it. (In other words we will always credit you as the source of the Video and / or Media. (Where Direct income is derived, same will be subject to clause 7 herein)
3.2. We reserve the right to charge a third party who wishes to Monetize your Video and / or Media, a fee determined in our sole discretion. Any money earned from third parties will be paid to you on the basis of the 40% revenue share as stated in section 1.1.3.
3.3. We cannot guarantee that we will be able to Monetize your Video and / or Media, but we shall nevertheless endeavor to use such commercially reasonable methods as may be available to us, in order to generate revenue from your Video and / or Media.
3.4. We are not liable for the loss or damage of any Video and / or Media that we manage, store or release.
3.5. We will add the Video and / or Media to YouTube’s Content ID system and Facebook’s Rights Manager (Rights Managers) to track the usage of the Video and / or Media on those platforms.
3.5.1. If the Video and / or Media is monetizable on the third party account, we will claim the ad revenue on the Video and / or Media.
3.5.2. If the Video and / or Media is not monetizable on the third party account, we will block the video from being shown.
3.5.3. There are instances where the Rights Managers claim authorised third party usages of the Video and / or Media, such as your own uploaded version, and we request that you notify us of any claims so that they can be removed.
4. OWNERSHIP OF THE VIDEO AND / OR MEDIA
4.1. You will remain the owner of the Video and / or Media, however your ownership shall at all times be subject to the terms and conditions of this Agreement. We maintain the rights to monetize the footage, however the ownership of the Video and / or Media shall remain exclusive as stated in section 1.2.
4.2. You may freely distribute the Video and / or Media to family and friends, provided that you or anyone authorised by you does not Monetize or attempt to Monetize the Video and / or Media in any way whatsoever. If you choose to distribute the Video and / or Media to family and friends, you must do so by providing a link to the Website.
4.3. You may use the Video and / or Media for the purpose of promoting yourself, providing that in doing so you do not breach the terms of this Agreement.
4.4. Should you breach this Agreement, in addition to any other remedy available to us in law or under this Agreement, we shall be entitled to forthwith cancel this Agreement on written notice to you. Irrespective of whether we do not elect to terminate this Agreement in terms of this clause 4.4, you will lose your right under clause 7.2 to share in any revenue which we generate from promoting or Monetizing your Video and / or Media (including revenue which may have accrued but has not yet been paid to you as at the date of cancellation).
4.5. Should anyone reupload and or redistribute the video without prior consent, Latest Sightings will take reasonable steps to remove or monetize that content. This may include legal action against the party performing the illegal act.
5. YOUR RESPONSIBILITY FOR THE VIDEO AND / OR MEDIA AND ITS CONTENTS
5.1. You confirm and warrant to us that the Video and / or Media, and all intellectual rights in, or attaching to it:
5.1.1. are owned by yourself only and are your original works;
5.1.2. do not and will not infringe on any rights held by any third party; and
5.1.3. will not expose us to civil law suits or criminal prosecution (including liability for harassment, contempt of court, trespassing or for invasion of privacy).
5.2. Where the Video and / or Media contains material (such as music, lyrics, words, film, clips, images or performances) which you do not own the rights to, you confirm and warrant to us that you have obtained all permissions, licenses and consents as may be required in order for you to grant the rights, which you grant to us under this Agreement in respect of the Video and / or Media and that we are able to Monetize the Video and / or Media by whatever means as we may, in our sole discretion determine.
5.3. If the Video and / or Media features any people you confirm and warrant that you have obtained the permission of all such people to grant the rights, which you grant to us under this Agreement in respect of the Video and / or Media.
5.4. You agree to indemnify us in full for all losses, compensation, costs, expenses and financial payouts incurred or suffered by us as a result of your breach of any of the confirmations or warranties set out in this Agreement. Should you breach this Agreement, we reserve the right to terminate and you will lose your right under clause 7.2 toshare in any revenue which we generate from promoting or Monetizing your Video and / or Media.
5.5. In the event that the Video and / or Media was recorded and / or taken in a national park, nature reserve and/or world heritage site, you warrant that the Video and / or Media was recorded and / or taken for recreational purposes or in terms of a license issued by, or agreement with, SANParks or the relevant authority.
If you receive any enquiries regarding the commercial licencing, use or Monetization of the Video and / or Media, you must immediately refer those enquiries to us.
7. OUR PAYMENTS TO YOU
7.1. We shall have the right to collect any and all revenue, royalties, fees and any other form of payments received as Direct Income, as a result of our efforts to Monetize your Video and / or Media.
7.2. We will pay you in terms of a revenue share (Option 1) or an upfront payment (Option 2); Option 1 – 40% of all revenue actually received by us as a direct result of our efforts to promote and Monetize your Video and / or Media, such payment to be made not more than thirty (30) days after the aggregate amount due to you under this Agreement, or under any other Agency and Licensing Agreement, exceeds ZAR 500.00. Option 2 as an upfront payment agreed upon by both parties. If you choose an upfront payment the 40% revenue share payment will become invalid.
7.3. All such payments shall be made to you via your nominated PayPal account, or via your nominated bank account in South Africa. To the extent that you do not have an existing Paypal or South African banking account you undertake to set up an account as soon as possible following execution of this Agreement. If you do not provide us with your Paypal or South African banking account details we will not be able to pay you. If you do not have a PayPal account, or a South African bank account all the fees and taxes required for an international transfer will be paid by you.
7.4. Where there are legal jurisdictions that limit the payments of currency due to monetary or exchange control regulations payments will be made to you in compliance with the law in that jurisdiction.
7.5. If you are South African resident, we will pay you in South African Rands equivalent to the value of the currency in which we received payment ourselves at the rate of exchange at which it was received. If you are not resident in South Africa, we will pay you in the currency in which we received payment at the rate of exchange at which it was received.
7.6. You will be responsible for the payment of taxes to your relevant receiver of revenue, and any foreign exchange reporting that may be required during and after the tenure of this Agreement.
8. DURATION AND TERMINATION OF THIS AGREEMENT
8.1. This Agreement will last for a minimum term of five (5) years with effect from the date that you agree to be bound by the terms and conditions of this Agreement (Effective Date), as amended from time to time. Should you fail to terminate this Agreement after the minimum term, this Agreement shall be automatically renewed for further periods of one (1) year each, such renewals being deemed to have taken place on the 5th anniversary of the Effective Date and on each anniversary thereafter, provided that either party terminate this Agreement by serving notice at least one (1) month prior to the expiry of the minimum term or any subsequent renewal period, as the case may be.
8.2. Upon termination of this Agreement, we will cease to actively Monetize your Video and / or Media. To the extent that we continue to generate any revenue from your Video and / or Media, we shall continue to share such revenue with you on the basis provided in this Agreement. You acknowledge that the continued use of the Video and / or Media by us (or by any third party authorised by us during the term of this Agreement) shall not constitute an infringement of any rights you have in the Video and / or Media, and you agree that you shall have no claim in this regard against us, whatsoever.
We may in our sole discretion elect to assign and / or cede all our rights and obligations under this Agreement to a third party, without having to obtain your consent or approval for such assignment.
10. GOVERNING LAW AND JURISDICTION
Notwithstanding where the Video and /or media is derived and notwithstanding where you reside and / or are employed and / or physically upload and / or access the latest Sightings Website or any Latest Sightings Application, this Agreement shall be governed by the Laws of South Africa and you agree that the courts of South Africa shall have exclusive jurisdiction to resolve any dispute or claim that arises out of or in connection with this Agreement.
This was most recently updated on 13/03/2023