Content Partner Agreement
Between Dekhho (operated by Dekhho Telefilms) and the Content Partner
1. Introduction
This Content Partner Agreement (“Agreement”) is made between Dekhho, operated by Dekhho Telefilms (“Dekhho”), and the Content Partner (“Partner”).
By signing or accepting this Agreement, the Partner agrees to the terms herein. The purpose of this Agreement is to allow Dekhho to host, stream, distribute, and monetize the Partner’s content on its platform and to grant Dekhho the complete authority to sell and distribute non-exclusive licenses of the content to third parties. In exchange, Dekhho will share revenue (commissions) with the Partner based on an individually agreed-upon rate. This Agreement is effective as of the date the Partner agrees and will govern all content uploaded by the Partner.
2. Ownership and License
The Partner retains ownership of all copyrights and intellectual property in the content they upload. However, by uploading or providing content to Dekhho, the Partner grants Dekhho and its affiliates an exclusive, worldwide, royalty-free, sublicensable right and license to the content for an indefinite period from the date of upload (the "Content License Term").
During this indefinite period, Dekhho has the complete right to:
- Use, host, reproduce, adapt, modify (for technical optimization, thumbnails, subtitles, etc.), publicly perform, and publicly display the content on the Dekhho platform and related services.
- Distribute, sublicense, and sell non-exclusive licenses of the content to third-party platforms, networks, distributors, or other buyers.
The Partner understands that their grant of rights to Dekhho is exclusive for this indefinite term. The Partner shall not distribute, license, sell, or make the specific uploaded content available on any other platform during this period.
3. Term and Termination
- Agreement Term: This Agreement begins on the Effective Date and continues until terminated.
- Termination by Notice: Dekhho may terminate this Agreement at any time, without cause, with at least 90 days’ prior written notice.
- Survival of Perpetual Content License: Termination does NOT terminate the license for already uploaded content. Dekhho retains full perpetual rights.
- Termination for Breach: Immediate termination possible for material breach, including violation of Content Guidelines or Warranties.
- No Expiration of Rights: Once uploaded, rights granted to Dekhho never expire.
4. Earnings, Commissions, and Monetization Models
- Variable Commission Rates: Determined individually and shown in Partner’s account settings.
- Mutually Exclusive Monetization Paths:
- Non-Exclusive Licensing Opt-In: Earn only from third-party license sales. Waives platform performance earnings.
- Platform Metric Earnings: Earn based on views, watch time, etc., if licensing is not enabled.
- Payment Terms: Monthly, within 30 days after month end, subject to minimum threshold.
- No Guarantee: No income guarantee. Artificial manipulation leads to penalties.
5. Content Guidelines (Prohibited Content)
6. Content Moderation and Takedown
Dekhho reserves the right to remove any violating content. Dekhho is not liable for revenue loss due to good-faith moderation.
7. Partner Warranties and Obligations
The Partner warrants that all content is original or properly licensed, does not infringe third-party rights, and complies with all laws.
8. Indemnification and Limitation of Liability
Indemnification: Partner will defend and hold Dekhho harmless from any claims arising from the content.
Liability Cap: Maximum liability is limited to 12 months of Partner’s earnings.
9. Miscellaneous
- Governing Law: Laws of India. Exclusive jurisdiction of courts in Mumbai, Maharashtra.
- Independent Contractor relationship.
- Standard clauses (Notices, Entire Agreement, Severability, etc.) apply.
By accepting this Agreement, both parties acknowledge and agree to all terms above.
Effective Date: Date of Acceptance by the Partner