Corsearch Product Specific Terms – Content Protection
These Product Specific Terms apply to Content Protection Services provided by Corsearch to the Customer in addition to the other terms contained in the relevant Order Form.
1. Definitions
The following words and expressions have the following meanings in these Product Specific Terms and any capitalised terms used but not defined herein have the meanings set forth in the Agreement:
“Content Protection Services” means services to remove online content that infringes the rights of the Customer and includes: (a) search engine services (“Search Engines”); (b) social media services (“Social Media”); (c) content removal services targeting the source across the pirate network (“Content Removal”); (d) piracy platform insights; (e) investigative services; (f) credential monitoring; and (g) Blockwatch™ services.
“Escalated Removal” means: (i) in relation to Search Engines and Social Media, the escalation process within any relevant Platform in which a removal request has been made; and (ii) in relation to Content Removal, escalation by notifying the relevant hosting provider, reverse proxy server, and/or delivery networks.
“Platform” means the platform specified in the relevant Order Form.
“Power of Authority” means documented authorization by Customer to Corsearch giving Corsearch the authority to act on its behalf in relation to any Services listed herein or provided in an Order Form.
“Television” means: (i) in relation to Search Engines, an entire series (inclusive of all seasons and episodes); and (ii) in relation to Content Removal, either an entire series (inclusive of all seasons and episodes) or a single season (up to 10 episodes) of a series, as agreed by the Parties prior to the Content Protection Services Commencement Date (as detailed in the relevant Order Form).
“Title(s)” means audio, visual or audio-visual work(s) in respect of which Customer has Intellectual Property Rights.
“Trusted Partner Removal” refers to portals and forms provided by various legitimate platforms (Search Engine and Social Media sites) when submitting content for removal.
2. Authorization
Customer acknowledges that Corsearch acts pursuant to the Power of Authority in the delivery of the Content Protection Services provided under the Agreement. If required Customer will provide the necessary Power of Authority during the onboarding process. Customer must ensure the Power of Authority is provided by the owner of the Intellectual Property Rights covered by the Order Form and Corsearch is not responsible for third party claims resulting from or related to the instructed actions or Services provided.
3. Onboarding Process
Customer acknowledges that the provision of the following documents and information is necessary for Corsearch to begin providing the Content Protection Services:
3.1 a signed Power / Letter of Authority;
3.2 list of Title(s) in scope;
3.3 list of User(s) as defined in the Corsearch Master Service Agreement; and
3.4 any information and/or documentation necessary and reasonably requested by Corsearch to delivering the Services.
(collectively the “Onboarding Materials”)
In the event of any delay by the Customer to provide Corsearch with the Onboarding Materials, Corsearch will notify the Customer of the impact of the missing Onboarding Materials and the Customer acknowledges that Corsearch’s ability to fully deliver the Content Protection Services may be impacted.
4. Takedown Notices and Escalated Removal
Provided that Corsearch has obtained a valid Power of Authority from Customer, Corsearch will attempt to verify any alleged infringements discovered using a combination of manual and automated processes. Where infringements of a Title are verified and are found to be active, Corsearch will submit takedown notices via the relevant Platform’s required method. Corsearch will then conduct a check to evaluate if the takedown notice has been complied with and in the event of non-compliance or delays by the applicable Platform, Corsearch will begin Escalated Removal.
5. Removal Requests
Customer may submit up to twenty (20) emails per month, each containing a maximum of five (5) links to alleged infringements of the Title(s) for Corsearch to approve using the email address provided by Corsearch in the following format: “CUSTOMERNAME[email protected]”. Any such email submission will be acknowledged by Corsearch, and related services will commence within eight (8) working hours after acknowledgement.