We are entering into this Agreement together with the purpose to protect, safeguard and salute original work. To show respect for creators of all kinds, who have the talent and the courage to create original work. We want to recognize and rightfully reward original work. We want to educate people to avoid the unauthorised use of original work.
1.1 . Upon submitting a Case, the Partner agrees to automatically transfer enforcement and litigation rights to CA, designating CA as the exclusive Contractual Copyright Holder for handling the specific Copyright Infringement Case(s).
1.2 . Transferring enforcement and litigation rights doesn't impact the Partner's ownership or other intellectual property rights related to the Copyright Protected Material.
1.3 . The Partner authorises CA the exclusive right to handle the Case in CA’s own name and for CA to provide the Service(s) and conduct the Case Procedure including, but not limited to, voluntary settlements with Counterparts(ies) and Debt Collection.
1.4 . CA is granted full legal power to negotiate and enter into settlement agreements with Counterparties when handling any copyright infringement Case(s).
1.5 . CA reserves the right to engage relevant third parties to deliver the Service(s) and the Case Procedure.
2.1 . Upon successful payment of a Copyright Infringement Case a Commission Fee is paid back to the Partner. This is calculated as a percentage of the Principal Amount.
2.1.1 . The agreed Commission Fee percentage is: 50 %
2.1.2 . Payout currency is: EUR
2.2 . Principal Amount shall mean any amount obtained by full payment or settlement, received by CA from the Counterpart, only reduced with
i) currency exchange cost.
ii) external cost related to receiving the payment from the Counterparty(/ies).
iii) any received Additional Fee(s).
2.3 . Any Principal Amount collected from Counterparty(/ies) in currencies other than the Agreement Currency will be converted to the Agreement Currency using "end of month" FX exchange rates with a 1,75 % margin, following internal CA procedures.
2.4 . CA reserves the right to decline a Case without any further explanation to the Partner.
3.1 . Neither Partner nor CA shall be liable to the other for any special, incidental, indirect, punitive, exemplary, or consequential damages arising from this Agreement, even if they have been informed in advance about the possibility of such damages or losses.
This section does not apply to:
3.1.1 . Either party's indemnification obligations.
3.1.2 . Losses caused by fraud, bad faith, gross negligence, or willful misconduct.
3.1.3 . Breach of confidentiality obligations.
4.1 . The Agreement or any arising disputes will be interpreted in compliance with Danish law.
5.1 . The Agreement is accepted and effective for the single Case submitted by the Partner when the Partner accepts the Terms and submit the Case. As such this procedure done by the Partner is legally binding and to be considered as a signed Agreement.
Before submitting a case and accepting the Agreement, here's the list of essential terms used in the above and their intended meaning.