Mersica Inc. ('Us, We or the Company') provides the white-label platform and related services ('the Platform or the Service') and products ('the Products'), subject to your ('the Affiliate or you') compliance with the terms and conditions ('Terms of Service') set forth below. Please read the following carefully.
The Company reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications.
Violation of any part of the Terms of Service will result in termination of your account.
Revenue Sharing Agreement
Each time a video is sold on the Platform, the Affiliate will instantly receive their commission. The money will be transfered to the Paypal account provided during setup. The commission is calculated according to the following calculation:
30% base commission of video retail price + 70% of sales price above video retail price. So, if the video retail price is $99 and the video is sold for $149, the Affiliate will receive:
$29,70 (30% of $99) + $35 (($149 - $99) * 0.70), for a total commission of $64.7.
The 'retail price' is the price of the video on MakeWebVideo.com, if the video is sold exclusively on the Affiliate website (The affiliate pages hosted by us), the retail price will be determined by us when inserting the template in the Platform.
The 'sales price' is the price of the video sold on the Affiliate website. The Affiliate can set the price higher or equal to the retail price. This information is provided during setup and can be changed by the Affiliate at any time. You can specify a percentage increase to be applied to all templates or you specify the price you want for individual templates in case you only want to have a higher price for certain templates.
The base commission can be negotiated higher if you will have a considerable amount of sales.
The base commission will increase from 30% to 50% if you own the template. You can create the templates yourself, or we can do it for you.
Refund/Money Back Policy
If a customer requests a refund or if Paypal initiates a chargeback case, the Affiliate must refund the money received for the video.
Branding and name
The Platform will be branded with the name, domain and logo provided by the Affiliate during setup.
During all correspondance and contact with the Visitor, we will use the name OnlineVideoProducer.com. We will also use the wording 'in Partnership with Name (the Affiliate name)'.
Links sent to the customer, such as links for the hosted video files, will use the domain OnlineVideoProducer.com. We cannot use the Affiliate name with those links because video files are hosted on different servers.
The OnlineVideoProducer.com website/name is not in anyway associated with the MakeWebVideo.com name/website. The OnlineVideoProducer.com website is solely for promoting the white-label Platform. Thus, the Visitor may become an Affiliate after using the Affiliate website. If this will happen, we will not provide a second level commission to the Affiliate.
We will do all we can to hide the MakeWebVideo.com brand from the Visitor, but we cannot guarantee that the Visitor will not discover the MakeWebVideo.com website by doing a reverse IP lookup or by other means.
You agree that all videos produced by the Platform are authored by us. We give your visitors (the Visitor) access to the Platform in order to choose a video template, send us text, pictures, footage, music, payment and other information we need for producing the video.
The template used to produce a video may come from a stock website that require us to pay them a license fee. If so, this fee is already included in the price paid for the video and will be forwarded to the stock website.
The free preview video we generate, may only be used for previewing purposes and may not be published outside the Platform. The Visitor will only get a publishing license when purchasing the final HD video.
Copyright Law and Ownership
The Affiliate agree that the owners and employees of the Platform are not responsible for any loss or damages which may result from the Visitor's illegal use of images, video clips or music files. The Visitor must have the right to use the images, video clips and music files uploaded to the Platform. We claim no intellectual property rights over the content the Visitor uploads, create or provide to the Platform. Video projects which have not been produced, will expire and may be deleted after 3 months.
We own the intellectual property rights to any and all protectable components of the Platform, excluding the Media content, including but not limited to the name of the Platform, and end-user interface elements contained within the Platform, many of the individual features, and the related documentation. The Affiliate and the Visitor may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Platform owned by the Company.
What the Visitor can do with the video purchased
We grant the Visitor an ongoing, worldwide license to make use of the video sold by the Platform as long as the Visitor follow these terms:
1. The Visitor may distribute the video an unlimited amount of times. The Visitor can combine the video with other works and make a derivative work from it.
2. The Visitor may not re-distribute the video as stock. The Visitor may not use the video or parts of it in a logo, trademark, or service mark.
So for example, the Visitor can purchase a video on the Platform and upload it to Youtube or another website. The video can be viewed and shared an unlimited amount of times. The Visitor is allowed to resell the video to a client.
We allow the videos produced to be resold without any extra payment to us, from the Affiliate or the Visitor.
Affiliate Account Terms
The Affiliate must provide a valid email address to complete the setup process.
The Affiliate is responsible for maintaining the privacy and security of the account. We will not be held liable for any damage or loss that may result from our failure to prevent hacker attacks or illegal access to our servers or the Affiliate's failure to protect the login information, including the password.
By using the Platform, the Affiliate agrees to the Terms of Service. The Affiliate is provided with a limited, non-transferable, non-exclusive license to use the Platform.
The Affiliate agrees to indemnify and hold the Company, its owners, employees and volunteers harmless from any loss, claim, demand or expense, including reasonable attorneys' fees, made by any third party due to or arising out of the Affiliate's use of the Platform, violation of the Terms of Service, or the Affiliate's violation of any rights of another.
Use of Site
The Affiliate agrees that the owners, employees and volunteers of the Company are not responsible for any loss or damages which may result from the use of the Platform or its content.
In using the Platform, you agree to not:
1. upload, download, post, email or otherwise transmit any materials including but not limited to images, photos, graphics, or any of these elements in combination as a design for products available on this Site or otherwise ('Content') that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libelous, tortious, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights including but not limited to rights of celebrity, privacy and intellectual property.
2. impersonate any person or entity or falsely state or otherwise misrepresent affiliation with a person or entity.
3. upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By uploading any Content, you represent and warrant that you have the lawful right to reproduce and distribute such Content and that the Content complies with all applicable federal, state and local laws, regulations and ordinances.
4. upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law.
5. upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.
6. upload, download, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
7. upload, download, post, email or otherwise transmit false or misleading information.
8. disrupt or interfere with the security of, or otherwise abuse, the pltform, or any services, system resources, accounts, servers, or networks connected to or accessible through the Platform.
9. access, tamper with or use non-public areas of the Platform. Unauthorized individuals attempting to access these areas of the Platform may be subject to prosecution.
10. disrupt or interfere with any other user's enjoyment of the Platform or affiliated or linked websites.
11. incorporate images or names that would violate a person's right of privacy or publicity.
We reserve the right to modify, suspend, or discontinue the Platform at any time for any reason with or without notice.
We reserve the right to change fees charged for products at any time for any reason with or without notice.
Your use of the Platform, including any content, information or functionality contained within it, is provided 'as is' and 'as available' with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the Platform.
The failure of the Company to exercise any right provided for herein shall not be deemed a waiver of any rights hereunder. The Terms of Service sets forth the entire understanding between you and the Company as to the Service and supercedes any prior agreements between you and the Company (including, but not limited to, prior versions of the Terms of Service).
Any questions regarding the Terms of Service should be addressed to the Company, contact us.