AGREEMENT FOR TELECASTING OF SPONSORED PROGRAMME ON DOORDARSHAN

Transcription

1 (On Rs. 100/- Stamp paper) AGREEMENT FOR TELECASTING OF SPONSORED PROGRAMME ON DOORDARSHAN The Memorandum of Agreement made this.day of.. between Prasar Bharati acting in their executive capacity through the Director General Doordarshan, Doordarshan Bhavan, Copernicus Marg, New Dehli hereinafter referred to as PB which expression unless it to repugnant to the context or meaning there of, shall mean and include all its officers, successors and assigns of the FIRST PART AND. (an individual/ firm/ society/ corporation/ company) having its registered office at hereinafter called the PRODUCER which expression unless it be repugnant to the context of meaning thereof, shall mean and include his/her heirs, executor, successors and his/her permitted assignees of the SECOND PART. PB and are, hereinafter, collectively referred to as the Parties and individually as the Party. Whereas the parties intend to coordinate in an arrangement to facilitate the telecast of a programme in Hindi/ English/ Regional language entitled.. (name of programme) on. Name of the Channel in the sponsored category on the terms and conditions given hereunder. It is hereby agreed and declared as follows: - 1. (a) PB will, within its exigencies of operating a public service, permit the telecast of the programme on.channel in its morning/ afternoon/ evening transmission at am/ pm on every (day of the week) from.(date). PB will, however, have unfettered right to effect a change in the schedule, time and day without any notice in cases of emergency including but not limited to cases like national mourning, telecast of a programme of international or national importance like an address by the President or Prime Minister or proceeding of Parliament and matters of public interest etc. In case of such change in slot and time, the producer is liable to pay telecast fee prescribed for the changed slot/ time in Doordarshan s Commercial Rate Card Prevalent at that time. Whenever any change in the time of telecast is made, the postponement of the programme and the date and time of the postponed episode/ part shall be announced by PB. (b) The PRODUCER solemnly affirms:- (i) That the above programme is an original work and the same has not been telecast over any channel of Doordarshan of any other private channel under the same title or any other title, through the same banner of any other banner or any other banner. (ii) That he has not offered the above programme to any other channel of Doordarshan or any private channel for consideration under the some title of another title of company/banner. (iii) That he would have no objection if the programme is carried on DTH by Doordarshan with or without commercials and without commercials and without any remuneration to the producer. 2. The programme will have.. (number of episodes/ parts have a duration of. Minutes. 3. The producer will provide to PB, one month before the actual commencement of the telecast of the programme, a complete synopsis, neatly typed in double space (in the language concerned) of all the episodes/ parts, PB reserves the right to refuse to telecast the programme in the event of the failure of the Producer to comply with this

2 requirement. PB shall have the right of vetting and censorship of the programme submitted by the PRODUCER. The PRODUCER shall have to edit the portion as suggested by PB. 4. The Producer shall ensure that in case of serialized TV Programme at any given point of time, he maintains with PB a bank of episodes atleast for four weeks. Thus for a weekly programme, at least 4 apisodes and in case of a five day a week programme at least 20 episodes will be kept by the PRODUCER in bank with PB. In the event of the remaining programme being less then four week in duration, all the remaining episodes of programme will be kept by the PRODUCER in bank with PB. 5. PB reserves the right to withdraw the approval to a programme without assigning any reason or to change the date and time of telecast of an approved TV programme due to its programme exigencies by giving four weeks notice. Such programme exigencies are distinct from the cases of emergency mentioned in Clause 1 of the Agreement for which no notice would be required to be given by PB to the PRODUCER. In case of a dispute the interpretation of the phrases programme exigencies and cases of emergency as made by DG:Doordarshan/ CEO, Prasar Bharati shall be final. The PRODUCER can also withdraw the programme by giving four weeks notice. 6. (a) The following will be the commercial terms of the programme to be telecast on sponsorship basis For.. episode to episode Sponsorship fee ( also referred to as telecast fee in Doordarshan s Commercial Rate Card) will be Rs...per 10 seconds. Additional CT will be seconds per epeisode for which an additional amount of Rs. per episode will be paid by the PRODUCER to Doordarshan Commercial Service, a subordinate wing of PB in addition to sponsorship fee. The PRODUCER has to pay dues to Doordarshan Commercial Service, a subordinate wing of PB within the allowed credit period which at present is as under: March to December - 60 days From the first of the month of January - 45 days following the month of telecast. February - 30 days The PRODUCER will be liable to pay interest at 14.5% per annum on all amounts due from him which are not paid within the period stipulated above. (b) The PRODUCER will ensure that his designated Registered / Accredited advertising agency files the commercial sponsorship contract annexed as Annexure II hereto with Doordarshan Commercial Service, a subordinate wing of PB (Forty eight) hours before the scheduled telecast of the programme including the Commercial Cue Sheet, details of banking etc. and deposit all duses arising from the telecast of the said programme of episode/ part of the programme with Doordarshan Commercial Service. (c) The PRODUCER may file the contract himself by paying all the dues in advance or through a registered/ accredited agency specifically designated for this purpose by the PRODUSER. The PRODUCER will obtain the prior approval in writhing of PB before making any change of the designate agency.

3 (d) The PRODUCER and his designated agency shall be jointly and severally responsible for the payment of all dues whether arising from this sponsorship agreement of the accreditation agreement, relating to the telecast of the programme as per Commercial terms mentioned in this agreement. (e) PB reserves the right to put the PRODUCER on advance payment apart from taking any other action deemed fit by PB in case the dues are not cleared within the given timeframe. (f) PB reserves the right to change the commercial terms as given above in case there is a change in Doordarshan s Commercial Rate Card or due to any other reason. PB will give a four weeks notice to the PRODUCER will be required to respond to PB s notice within 15 days failing which it will be concluded that revise commercial terms are acceptable to the PRODUCER. In case the PRODUCER does not accept the revised commercial terms, he can withdraw his programme within 4 weeks from the date of his reply to PB. (g) The producer and his designated Agency shall be responsible for the deduction of Income Tax at source from the Agency commission admissible to the accredited Agency and send the bank draft thereof to Doordarshan Commercial Service alongwith the bank draft of telecast fee. 7. The PRODUCER can utilize CT before of after of in between, the programme in accordance with the guidelines issued by the Doordarshan Commercial Service, a subordinate wing of Prasar Bharti from time to time. He shall, in addition be entitled to a credit line of 20 seconds each at the beginning and at the end of the programme. The credit ling shall include only the name of sponsor / product, as the case may be, written and / or spoken. The sponsor shall, however, be allowed to use in the credit line his logo, lettering style, music/ sound effects, etc. as described in Doordarshan s Commercial Rate Card. 8. The duration of the programme content will not exceed 22 and half minutes for a 30 minutes slot and 45 minutes for 60 minutes slot including opening credit captions. PB will retain the right to use up to 120 seconds in between the programme with every 30 minutes slot and 240 seconds with every 60 minutes slot for commercial advertisements, channel promotion, programme promotion, public service massages etc. The 120/240 time in the programme would be used in one or two breaks to be provided by the PRODUCER. All unfilled time will be utilized by PB before and/ or after the programme. However the PRODUCER in addition to his entitled Commercial Time (CT), shall have the option to buy such unutilized time subject to availability, at the Spot Buy Rate prescribed in clause 6 (a) of the Agreement for telecast of advertisements booked by him. Concessions, if any, on the purchase of additional commercial time will be governed by Doordarshan s Commercial Rate cared in force at the time of purchase of additional commercial time. 9. Telecast certificates as provided by PB shall be the basis on which the bills shall be raised against the PRODUCER/Marketing Agency. No dispute in this regard shall be entertained until the payment is made. Any disputes raised and agreed to by PB shall be adjusted against the subsequent payment. 10. The PRODUCER is authorized to hold a competition or contest must programme of a part/episode of the programme. The competition or contest must be related to the contents of the

4 programme and be held within the duration of the programme of a part/episode of the programme as specified in Clause 2 of the Agreement. 11. Credit for distribution of prizes in cash of kind will be part of CT of the PRODUCER but shall not exceed a duration of 10 seconds. In case a complaint regarding non-delivery of the prize to the winners is established, PB will give a written notice to the PRODUCER to ensure its delivery within one month failing which, PB reserves the right to impose a penalty equivalent to Spot Buy Rate (SBR) mentioned in Clause 6 (a) of the Agreement. Film Trailer and Album Trailer will not be allowed within the CT admissible to the PRODUCER. 12. Recapitulation or summary of previous episodes in the programme proper shall be allowed to a maximum of 20 seconds in a 30 seconds in a 30 minutes programme and 30 seconds in a 60 programme. 13. The programme content shall not be permitted to be used overtly of covertly for advertising any brand, corporate house, product/ service shall rest with the Director of Programme of the concerned channel of Doordarshan. 14. PB reserves the right to stop telecast of on-going sponsored programmes without any notice if the concerned producer/ Marketing Agency fail to clear dues within the time prescrived in Clause 6 (a) of the Agreement. 15. Credit titles will be restricted to the following personnel only :- Producer Sound Recordist Director Make-up Artist Technical Director Video Recording Production Assistant Floor-in-Charge Video Editor Music Director Cameraman Music Director Cameraman Choreograpy Art Director/ Stage Designer Assistance in Production Costume Designer Production Controller Lighting Attendant Lyricist Name of non-creative personnel will not be allowed in credits. 16.(a) Pb reserves the right to repeat programmes on any of the Doorarshan channels including but not limited to DD- India, DD- Bharati at a time decided by PB without any commercial within 7 days of the initial telecast. (b) Programme on DD-India, DD-Bharati and DD- News Channels will be repeated on the same channel without advertisements within 24 hours. This natural cycle will be treated as a single telecast. (c) The PRODUCER will be required to submit separate Beta Cassette of the programme without advertisements for repeat telecast purposes. (d) PB also reserves the right to repeat the serial on the same channel at any other point of time within 48 hours without originally telecast commercials and also reserves the right to utilize the Commercial Time before, after and within the serial as deemed fit without any compensation to the producer.

5 17. The PRODUSER will not be allowed to put his programme on Internet and new media during the pendency of contract. 18. Programmes produced and subemitted for telecast on any Channel of doordarshan should conform to PB s Broadcasting and Commercial Codes. The PRODUCER will ensure that the content of each episode/ part of the programme conforms to the laws of the country and does not offend morality, decency and the religious susceptibilities of the viewers. 19. Only Doordarshan logo will be carried during the telecast of the programme. PRODUCER s Caption will be telecast before and after the programme. 20. Only the Title of the programme can be displayed on the microphone/ set. In case of branded programmes, the producer agrees to abide by the guidelines issued by PB regulating the carrying of brand name on the microphone during the programme. 21. Each episode of the ptogramme will begin and end with the montage of Doordarshan. 22. PB may, with the concurrence of the right holder(s) re-telecast any sponsored ptogramme on such terms and conditions as may be prescribed, from time to time in Doordarshan s Commercial Rate Card. 23. The Sponsored programmes will be premiered on Doordarshan. 24. The PRODUCER will not be allowed to offer for telecast the same programme(s) to any other channel under the same title or any other title and through the same company or any other company for six months counted from the date of telecast of the last episode of the programme over Doordarshan. 25. The PRODUCER will produce the programme on Beta SP format/digi Beta format (strike off whatever is not applicable) and will submit the telecast tape to PB on Beta SP. Digi Beta (strike if off whatever is not applicable) together with a promo of 20 seconds duration including branding, if any, Promo or 20 seconds duration including branding, if any. Promos will be telecast only on submission of Bank Guarantee as mentioned in Clause 30 (i) of the agreement. The PRODUCER shall also make available to PB free of cost a VHS cassette of the sponsored programme. 26. The PRODUCER shall sign an affidavit regarding possession of TV rights of the porgramme and a declaration-cum-indemnity bond in the format annexed a Annexure-I. 27. PB reserves the right to drop the programme if TRP of the programme is not found to be satisfactory i.e. if TRP rating is lower than 6 for a progamme in prime time. The review of TRP will be carried out by PB after 8 weeks. In case PB is not satisfied with the TRP and /or quality of programme, the same is liable to be drapped after 13 episodes.

6 28. The PRODUCER will not assign its rights and interests under this agreement to any other party for any valuable consideration of otherwise except when the said reassignment of rights has the experess prior approval in writing of PB. 29. The PRODUCER will provide to PB at his own cost, publicity material, including promos, promotional literature, episode-wise synopsis and stills (Colour and Black & White) in respect of all the episodes/ parts to be telecast one month before the month in which the said episodes/ parts are scheduled for telecast. 30.(i) The PRODUCER will furnish to Doordarshan Commercial Service, a subordinate wing of PB, a Bank Guarantee for an amount equal to the sponsorship fee for eight weeks of telecast as mentioned in this agreement immediately on signing of this agreement but not later then one week before the date of commencement of telecast. If the PRODUCER fails to submit the Bank Guarantee by due date the allotment of slot is liable to be cancelled. (ii) The producer s request for extension of time for coming on air will be entertained only in exceptional circumstances about which the decision of PB shall be final. Any pressure of outside influence for getting extension would result in PB debarring the producer from further dealing with PB and the programme would be immediately withdrawn. A maximum extension for four weeks will be given on merit. For the first two weeks no penalty will be charged but for next two weeks, the PRODUCER will have to pay PB, an amount equivalent at 25% of the telecast fee of the slot for the weeks/days for which the PRODUCER fails to come on air. The failure to compensate PB and to come on air even after four weeks would lead to forfeiture of the allotment programme to the PRODUCER altogether. The PRODUCER will have to pay the compensation amount to PB in advance before commencement of telecast. If the PRODUCER fails to come on air even after four weeks, compensation amount will be recovered after encashment of Bank Guarantee. (iii) The PRODUCER will ensure the delivery of preview tape at least two clear working days before the date of telecast. He will also ensure the delivery of final telecast tape with commercials one clear working day before the date of telecast. In case the PRODUCER fails to come on air on any particular day or does not submit cassette of an episode/ part of the programme within the time stipulated above, he will be liable to compensate PB for the losses thus incurred by payment of sponsorship fee of the slot failing which recovery will be made out of Bank Guarantee executed by the PRODUCER and further episodes/parts of the programme will be aired only on furnishing a fresh Bank Guarantee of a similar amount by the PRODUCER. (vi) In the event of the bank guarantee being invoked by PB, the next episode/ part of the programme will be air by PB, the next episode/ part of the programme will be aired by PB only after the PRODUCER furnishes to PB a fresh bank guarantee of a similar amount. Persistent default by the PRODUCER in the timely delivery of the cassette will result in the programme being taken off the air by PB. 31. The non-telecast of any programme in full or in part due to the failure of the PRODUCER to supply the cassette of any programme of episodes/ part of the programme to PB within the stipulated time will not entitle the PRODUCER for its rescheduled telecast rather the programme or its part as the case may be, will be deemed to have been telecast and number of episodes/ parts as sanctioned vide Clause 2 of the Agreement will be reduced by that extent. No deduction from the total number of sanctioned episodes/ parts will, however, be effected in instances where

7 the non-telecast of the episode/ part is attributable to PB for any reason including, but not limited to, periods of official mourning declared by the Government. 32. The PRODUCER will obtain the prior approval of PB before making any change in the original cast, director, production team and the story line as contained in the original synopsis. Failure to do so is liable to lead to the termination of the programme by PB. 33. PB will have the right to refuse to telecast any episode/ part of the programme in case of the failure of the PRODUCER to complete all contractual formalities, including, but not limited to, the filing of the sponsorship contract by the concerned advertising agency and timely payment of dues. 34. This agreement will be valid for the period within which the telecast of the episode/ parts of the programme indicated in clause 2 above is completed. The period is, however, subject to the condition stipulated in clause 32 and PB will retain the right to periodically review this agreement in terms of but not limited to, the popularity of this agreement by the PRODUCER. 36.(i) If due to any unavoidable circumstances such as war, civil commotion, natural disaster, strikes, labour disputes or any other circumstances beyond the reasonable control of PB, this agreement is partially implemented or cannot be implemented, the PRODUCER shall have no claim against PB for any loss, remuneration, expenses, costs, damages of otherwise. However, wherever telecast fee is received in advance from the PRODUCER and the programme cannot be telecast due to reasons enumerated above, refund of telecast fee will be made. In all other cases where the programme is payment to PB as per the terms and conditions prescribed in Clause 6 of the Agreement. (ii) Nothing in the above clause shall entitle the PRODUCER to any compensation, remuneration, expenses, costs or damages from PB if the impossibility of the performance shall arise from the default of the PRODUCER. 36. The parties agree that, if the circumstances so warrant, the terms of this agreement can be modified through discussion and mutual agreement reduced in writing. 37. The parties agree that, if the circumstances so warrant, the terms of this agreement can be modified through discussion and mutual agreement reduced in writing. 38. Technical Requirements The technical quality of each episode/ part of the serial/programme should be of highest standard and to the satisfaction of PB. Accordingly, the recorded video quality should be with good picture details, chroma content & without any impairments. The maximum level of programme video and audio should correspond to the recorded reference color bar and tone line-up signals. The recorded programme should meet ITU-R specification for video & audio and accordingly it should have: (a) Luminance of 1 Vpp with 0.7 of video & 0.3V of sync. (b) Nominal Audio of approx. 0 db on VCR VU meter. (c) Proper RF level of the recorded signal i.e. between 3 & 4 of the scale on VCR meter. (d) Colour burst be 0.3 volt with 100% colour saturation. In programme productions, the set should be evernly let to meet the lighting requirements of the camera except where special lighting effects are needed. Color renditions, especially skin tones shall be natural unless artistic considerations require otherwise.

8 All the titiling should be within the lighting requirements of titles on home TV receivers. Tapes shall carry SMPTE time-code on the designated track. Both LTC & VITC should be recorded. Audio should be synchoronous with vision. The loudness of the recorded audio should be uniform throughout the programme. The audio should be free from noise, distortion, hum and cross-talk etc.. Music & effects if any should be separately recorded on TRACK 1 & Mixed Audio should be recorded on TRACK 2 or remaining tracks. In case of comedy serial, laughter should be mixed with dialogue, music and effect in track 2 and with out dialogue (i.e. laughter, music and effects) in track 1. The audio level recorded in all the channel should be uniform. 39. TERMINATION PB reserves the right to teminate the contract be giving the PRODUCER four weeks to withdraw from the assigned programme in the following circumstances. (i) (ii) (iii) (iv) (v) (vi) (vii) For branch of the terms of this contract (express of implied). For failure of comply with any notice, requisition, order, instruction or direction of the PB. In case where any act done by the PRODUCER is prejudicial to the interest of Doordarshan and/ or Prasar Bharati. In case the quality of the programme/ episode (s) produced by the PRODUCER is not up to the satisfaction of PB. In case the PRODUCER goes into bankruptey of liquidation of becomes insolvent. For not clearing payment of dues in time. Bringing any outside influence on PB either for eccepting the Programme of for extension of the programme. 40. WARRANTIES The PRODUCER hereby warrants and represents as follows: (i) The PRODUCER is free to enter into and perform fully this Agreement. (ii) The PRODUCER warrants that he will render services and perform his obligations and duties under this Agreement in accordance with the highest industry standards and practices, accurately, in accordance with all instructions, specifications, procedures, standards, guidelines, timeframe and the like issued by PB from time to time in a workman like manner and to the satisfaction of PB. (iii) The PRODUCER has paid or will pay all charges, taxes, licence fees and other amounts that have been or may become owed in connection with the prgramme or the exercise of any rights granted herein, and there are no pending claims, liens, security interests, charges, restriction of other encumbrances of any type on the programme or on such rights. (iv) The programme does and will comply with the broadcasting code of PB. The program will not carry any sequence that directly projects and promotes anything tantamounting to commercial interests. (v) PB will not be responsible for any unfulfilled obligations and liabilities of the PORDUCTION towards any person, party, company or organization in connection with the production, finance, employment or other contractual and non-contractual arrangements for the production of the programme.

9 (vi) The provision of this Clause shall survive the termination and expiry of this Agreement. 41. ARBITRATION In the event of any question, dispute or difference arising under these presents of in connection therewith (except as to any matters the decision of which is specially provided for by these presents), the same shall be referred to the same shall be referred to the sole arbitration of a person (who may be an employee of Prasar Bharati or an outsider from any field) appointed by CEO, Prasar Bharti. In case the arbitrator is a Prasar Bharati employee, the agency will have no objection that he has to deal with the matters to which these presents relate or that in the course of his duties as a Prasar Bharati employees he has expressed views on all or any of the matters in dispute or difference. The award of the arbitrator shall be final and binding on the parties of these presents. In the event of the arbitrator dying, neglecting or refusing to act or resigning or being unable to act for any reason; it shall be lawful for the CEO, Prasar Bharati to appoint another arbitrator in place of the outgoing arbitrator in the manner aforesaid. The Arbitration and Conciliation Act 1996, the rules there under and any statutory modifications thereof for the time being in force shall be deemed to apply to the arbitration proceedings under this clause. written. The venue of arbitration will be (venue of the concerned Kendra) to be 42. JURIDICTION AND GOVERNING LAQ This Agreement shall be governed by and construed in accordance with the laws of India. All disputes shall be subject to jurisdiction of courts at ( Venue of the concerned Kendra) to be written. 43. NOTICE: All notices, requests, comments nad other communications under this Agreemnt shall be in writing in English language and shall be sent by (i) Speed Post (ii) facsimile (iii) personal delivery to the respective Parties to this Agreement at the address set forth above. In case of any change in address, phone no., fax no., address, etc, each party will notify the change to the other immediately. Each such notice given in accordance with this paragraph shall be deemed to have been given five (5) days after having been mailed or immediately upon transmission by facsimile (with confirmation of error free transmission). 44. COSTS ON ACCOUNT OF THE AGREEMENT All the costs, charge, expenses incurred in connection with executing this agreement including stamp duty and all other disbursements shall be borne by the PRODUCER.

10 IN WITNESS WHERE OF FOR AND ON BEHALF OF PRASAR BARATI AND SHRI/SMT. HAVE HEREIN TO SET THEIR RESPENCTIVE HANDS ON THE DAY AND YEAR FIRST HEREIN WRITTEN. Signed for and on behalf of the Prasar Bharati (PB) by :- Name : Shri Designation : In the presence of (witness): Signed for and on behalf of the Producer: (Office rubber stamp) Name : Shri In the presence of (withness): 1. 2.

11 (On Rs. 100/- Stamp Paper) INDEMNITY BOND (Update as on ) Annexire-1 I (Name), S/o..... (Name) resident Of..Address) herby declare that:- (a) (b) (c) (d) I hold the complete rights in respect of the production and/ or telecast of the programme entitled and that the said assigned programme are any part thereof will not infringe the copy rights and/or performing rights held by any other party including limitation trademark, contract, privacy and publicity rights. I agree to keep PB its employees officers, successors and assigns indemnified at all times against any litigation in respect of the said assigned programme based on a claim that anypart of the film or material used therein constitutes an infringement of copyrights or any of the fights mentioned above either in India or abroad. Wherever PB or Doordarshan is made a party defending such litigation and obligation, shall reimburse or make good all sums of money that PB or Doordarshan may be ordered to pay by court of law or otherwise to any third party including all charge and expenses relating thereto paid or incurred by PB or doordarshan. The said programme has been/not been telecast on any channel of Doordarshan/ I will be fully responsible for any controversy/ claim regarding the telecast of the said programme and indemnify PB against all litigation that may arise on account of any libel, slander, obscenity, indecency, infringement of copyright of patent etc., from the telecast of the said ptogramme by PB. PB will not in any way be responsible or liable for any risks in connection with the production of the programme and/ or any damage, destruction of ptorerty or injury to/death of contractual and non-contractual persons employed by me or members of public in the course of production of the said programme. I agree to indemnify PB against any claims, proceeding in connection with the production of the programme. Place: Date: Indemnifier Witnesses: 1. 2.