Corsearch Product Specific Terms – Revenue Recovery Services

1. Definitions 

The following words and expressions have the following meanings in these Product Specific Terms and any capitalized terms used but not defined herein have the meanings set forth in the Agreement:

“Collection” means the total amount collected through a Claim, including all settlements and judgments secured in a Claim.

“Claim(s)” means a court action or proceeding, of which there may be multiple, initiated to enforce the Customer’s intellectual property rights against alleged infringers pursuant to the terms of this Order Form. This includes, but is not limited to, claims for infringement of registered intellectual property, counterfeiting, or other unauthorized use of the Customer’s products or intellectual property rights.

“Engagement Letter” means the engagement letter to be signed between the Customer and Litigation Counsel authorizing Litigation Counsel to file a Claim in US federal district court and represent the Customer in such Claim.

“Expenses” are paid up front by Corsearch and deducted from the Collection before distribution of the proceeds from a Claim and shall mean:  

(i) all direct litigation expenses such as filing fees, surety bonds (if required by the relevant court) and third party subpoena processing fees;  

(ii) any separate filing fees per additional or separate filing where Litigation Counsel advises that separate filings are necessary; and  

(iii) all fees related to Test Purchases.  

For the avoidance of doubt, Litigation Counsel will not charge the Customer any legal expenses for a Claim or any defense to any counterclaim that may be issued in a Claim.  Litigation Counsel is paid solely out of the proceeds in the Collection as detailed further in this Order Form. 

“Litigation Counsel” means the litigation counsel appointed to file a Claim on behalf of the Customer.

“Revenue Recovery Services” means services offered by Corsearch to evidence and support litigation to facilitate the recovery of monies for infringements of Customer’s intellectual property.

“Test Purchases” refers to the purchase of products or services suspected of infringing the Customer’s rights with the aim to collect information and/or verify the infringement.

2. Claim Representation and Approval

A signed Engagement Letter between Litigation Counsel and the Customer is necessary for Corsearch to begin a Claim. A separate Engagement Letter may be needed for separate Claims and Corsearch will advise Customer when this is necessary. The draft of a Claim, including a list of the proposed defendants in a Claim will be sent to the Customer for approval before a Claim is issued. Once a Claim is issued, Corsearch and the Customer will liaise over settlement parameters and the progress of a Claim. The Customer has the final say in deciding the settlement parameters for a Claim and the overall conduct of a Claim

3. Test Purchases in a Claim

Corsearch will dispose of Test Purchases at its discretion after the necessary evidence has been captured for a Claim.

4. Payments from the Collection

4.1. Customer does not pay Corsearch directly and incurs no out of pocket charges or Expenses in relation to the Revenue Recovery Services.  Corsearch and Customer split the Collection 50:50 after the Litigation Counsel Payment is made fand after all Expenses have been reimbursed to Corsearch. 

4.2. Corsearch will pay Litigation Counsel a $10,000 retainer prior to filing any Claim. 

4.3. Litigation Counsel’s total fees in respect of the Revenue Recovery Services shall be the greater of $10,000 or 20% of the Collection.  

4.4. The Customer’s share of Collection shall be distributed to the Customer as soon as reasonably practicable once all settlements are collected and all settlement funds, judgments, and other expected recoveries related to judgments have been collected in full. Customer is not required to pay any fees, costs or Expenses out of pocket.  

5. Sub-processor

When delivering the Revenue Recovery Services Corsearch also engages the Litigation Counsel as an additional Sub-processor. Corsearch’s current Sub-processors are listed at https://corsearch.com/privacy/subprocessors.

6. General

6.1. Customer warrants that it is solvent and does not have any pending bankruptcy proceedings or outstanding judgments that would prevent a Claim from being initiated and will inform Corsearch and Litigation Counsel should such circumstances arise during a Claim.  

6.2. During the evidence preparation period: (i) where Corsearch is conducting brand protection enforcements for Customer, the parties will agree upon a strategy for such enforcements; or (ii) where Corsearch is not conducting brand protection enforcements for Customer, Customer agrees that it will not take any actions that would jeopardize the ability to bring a Claim such as conducting enforcements on identified potential defendants without agreeing such enforcement with Corsearch.  

6.3. Corsearch will work with Litigation Counsel in relation to any defense or counterclaim that may be issued by any defendant to a Claim. If the Customer wishes to appoint their own litigation counsel to conduct the response to any defense or counterclaim, Customer is entitled to do so at their own expense and this will not fall within the scope of the Revenue Recovery Services.