Filmmaker Terms & Conditions for submitting a Film

Now Showing Studios looks forward to promoting you and your Film, Trailer and or Short. Please review the terms and conditions of this agreement and then click on "I Accept the Terms and Conditions" to complete the process and to submit your Film, Trailer and or Short.

Term of the Agreement: The term of this Agreement will begin upon your acceptance of these terms and conditions, the submittal of your Film, Now Showing Studios acceptance of your Film and shall continue for the duration you opt your film to be viewed on Now Showing Studios.

Non-Exclusive Rights
Filmmaker hereby grants Now Showing Studios the non-exclusive rights to market and promote their Film in the form of a "one time view.

Non Exclusive Rights (optional)
Filmmaker hereby grants Now Showing Studios the non-exclusive rights to sell a Download to Own, show their Trailer and or Short, sell a Director's Cut DVD version of their film and sell Merchandise and to give-a-way Promotional items, if applicable.

Now Showing Studios does not lay claim to rights of ownership to any Film, Trailer or Short submitted to and accepted into our library.

Purpose

The purpose of Now Showing Studios is to promote you and your creative endeavor. We are a marketing and promotion company whose purpose is to help Filmmakers succeed by promoting one time views of films.

Now Showing Studios has the right to refuse the placement of a Film, Trailer and or Short into our library for whatever reason, with or without cause or explanation.

If any Film is refused by Now Showing Studios, then no agreement had ever been established.

Film, Trailer and or Short: Rights and releases
As the person, herein after called "Filmmaker, submitting a Film, Trailer and or Short, herein after called "Film", you assure Now Showing Studios", that you have all the rights of ownership and clearances with all images, content, audio and personal, associated with such "Film".

You agree to give Now Showing Studios the rights as explained in "Term of Agreement" and "Exclusive Rights".

You also agree if applicable, to give Now Showing Studios the non-exclusive rights as explained in the "non-exclusive rights" section below.

Ownership Discrepancy

You understand that should any discrepancy arise as to the rightful ownership of a Film, Now Showing Studios will immediately remove the Film, Downloads to Own, Director's Cut DVD, Merchandise and or Promotional Items from our library and from being viewed or sold.
 
Upon notification of any discrepancy, all revenues and or monies that may have been earned and owed to Filmmaker, will be held by Now Showing Studios in an escrow account, until rightful ownership is determined.

Now Showing Studios will only release funds owed from escrow, based on the decision of the court or legal documentation showing proof of ownership, less any legal fees incurred by Now Showing Studios related to the case.

Now Showing Studios will not be responsible to the determined rightful owner for any payments made to Filmmaker, prior to the notification of a discrepancy. Furthermore, Filmmaker will have NO recourse against Now Showing Studios for any losses of income related to the outcome of the discrepancy case.

Filmmaker agrees to hold harmless Now Showing Studios in the case of any discrepancy.
Burden of proof of ownership of Film rights belongs to Filmmaker. 

Promotional Purposes

Now Showing Studios has the right to place, for promotional purposes, any Film icon, pictures or Film description within the pages of the Now Showing Studio's website or for use in any marketing and promotional material and or advertising campaigns.

Member

A Member is an individual, who completes the Now Showing Studios free membership sign up requirements for which they are granted access to the member section of the website and have the option to purchase any product or service offered.

Shared Advertising Revenue

Definition 

Shared advertising revenue is defined as revenue generated by any paid advertising or paid sponsorship, directly related to the viewing of a Film, based on the demographics of the viewer and the requirements of the advertiser.

Ad rates vary from advertiser to advertiser and from ad campaign to ad campaign. 

Paid Sponsorship

Definition

Paid sponsorship is shared advertising revenue generated without regard to the demographics of the viewer and the requirements of the advertiser. An example is the Film of the Week sponsorship.

Now Showing Studios agrees to pay Filmmaker, five (5) percent of the shared advertising revenue generated from paid previews, paid commercials and paid sponsorships, which ever is applicable directly related to views of their Film.

If applicable, Now Showing Studios agrees to pay Filmmaker, ten (10) percent of the shared advertising revenue generated from paid previews, paid commercials and paid sponsorships, which ever is applicable directly related to views of their Film if Now Showing Studios receives exclusive rights to sell one-time views.

Non-Shared Advertising Revenue:

Definition 

Non-Shared Advertising Revenue is defined as revenue generated by any paid advertising not directly related to the viewing of a Film.  

Non-Shared Advertising Revenue sources include, but not limited to, banner ads, click thru campaigns, advertising campaigns, affiliate campaigns,  promotional, cross promotional, trading, bartering, exchanging and or promotional view campaigns.

Now Showing Studios will conduct extensive promotional marketing campaigns directly related to increasing viewership using non-shared advertising revenue sources. Filmmaker agrees there will be no shared revenue generated from these type of views of their Film.

Paid One-Time View™ Shared Revenue

Definition

A paid one-time view™ is a viewer's option to license a view of a Film, for one time only. Now Showing Studios agrees to pay a Filmmaker ten (10) cents from a single paid one-time view of their Film.

If applicable, Now Showing Studios agrees to pay a Filmmaker ten (20) cents from a single paid one-time view of their Film if Now Showing Studios receives exclusive rights to sell one-time views.

Download to Own Shared Revenue

Definition

A Download to Own is a viewer option for the right to Download a Film to their hard drive. All revenue generated from the sale of a Download to Own by Now Showing Studios is Shared Revenue.

Now Showing Studios agrees to share revenue from a Filmmaker's Download to Own sale. The shared revenue breakdown formula of a Download to Own is as follows:

(Your Selling Price) multiplied by 2.9% (rounded up)
Add .30 cents to that value to get the total amount of the Paypal Transaction Fee.  
Subtract the Paypal Transaction Fee from (Your Selling Price). This equals "shared revenue amount". 
Divide "shared revenue amount" by 2 (round to your favor). This value equals your portion of the shared revenue amount from a paid Download to Own

Filmmaker determines selling price of Downloads to Own.

Director's Cut DVD, Shared Revenue

Definition

A Director's Cut DVD is a unique version of the Filmmaker's Film that may include extra footage, different endings and out takes, etc.

Viewers have the option of purchasing a Director's Cut DVD as a Download to Own to their hard drive and/or as a "hard copy" to be shipped.

All revenue generated from sales of Director's Cut DVD's by Now Showing Studios, is Shared Revenue.

A Filmmaker has the option to allow, or NOT allow, Now Showing Studios the right to re-license (sell) their Film to a viewer in the form of a Director's Cut DVD.

If a Filmmaker opts NOT to allow a Director's Cut DVD to be sold by Now Showing Studios, then no Director's Cut DVD will be sold.

If a Filmmaker opts to allow Now Showing Studios the right to re-license (sell) a Director's Cut DVD to a Viewer, then Now Showing Studios agrees to share revenue from a Director's Cut DVD sale.

If Filmmaker opts to allow Now Showing Studios the right to offer a Director's Cut DVD hard copy, the Filmmaker must provide Now Showing Studios the needed Inventory in a quantity to be determined by Now Showing Studios.

Filmmaker agrees to give Now Showing Studios a ten (10) percent leeway for any inventory discrepancy that may occur and not hold Now Showing Studios liable for any damaged or un-sellable product caused by any act of god or unforeseeable circumstance.

Upon termination of this agreement, Now Showing Studios shall return any unsold produced Director's Cut DVD's to Filmmaker, less any shipping costs.

The shared revenue breakdown formula for Director's Cut DVD is as follows:

Director's Cut DVD Download to Own

(Your Selling Price) multiplied by 2.9% (rounded up)
Add .30 cents to that value to get the total amount of the Paypal Transaction Fee.  
Subtract the Paypal Transaction Fee from (Your Selling Price). This equals "shared revenue amount". 
Divide "shared revenue amount" by 2 (round to your favor). This value equals your portion of the shared revenue amount from a paid Download to Own

Director's Cut DVD Hard Copy

Sixty five (65) percent of the Director’s DVD sale price goes to Filmmaker and thirty five (35) percent goes to Now Showing Studios.

Filmmaker determines selling price of a Director's Cut DVD.

Merchandise Shared Revenue

Definition

Merchandise is some type of product which the Filmmaker has produced, or will produce, that has a picture, icon, verbiage or any type of resemblance to the Filmmakers Film. Merchandise is produced for the purpose of generating additional sales and revenue.

All revenue generated from Merchandise sold by Now Showing Studios, is Shared Revenue.

Merchandise can include posters, caps, t-shirts, picture frames, calendars, notepads, pens, mugs, stickers, golf bags, key chains, clocks and seat cushions etc.

If a Filmmaker opts NOT to produce any Merchandise or just NOT allow Now Showing Studios to sell any Merchandise, then no Merchandise will be produced or sold by Now Showing Studios.

Filmmaker also has the option of using Now Showing Studio's to assist in the production of any Merchandise.

If a Filmmaker opts to produce Merchandise and allows Now Showing Studios the licensing right to sell such Merchandise, then Filmmaker agrees to provide Now Showing Studios the needed inventory in a quantity to be determined by Now Showing Studios but agreed to by Filmmaker.

Filmmaker agrees to give Now Showing Studios a ten (10) percent leeway for any inventory discrepancy that may occur and not hold Now Showing Studios liable for any damaged or un-sellable product caused by any act of god or unforeseeable circumstance.

Upon termination of this agreement, Now Showing Studios shall return any unsold Merchandise to Filmmaker, less any shipping costs.

The shared revenue breakdown formula for Merchandise is as follows:

Filmmaker provided merchandise, Now Showing Studios shall retain thirty five (35) percent of the product sale, plus shipping and handling fees.

If Merchandise is obtained through Now Showing Studios (N.O.P.E. Marketing Program ™), then Filmmaker shall receive twenty five (25) percent of the product sale (shipping and handling not be included).

Filmmaker and/or Now Showing Studios will determine selling price of Merchandise.

Promotional Items

Definition

A promotional item is a product which the Filmmaker has produced, or will produce, that has some picture, icon, verbiage or any type of resemblance to the Filmmakers Film.

Promotional item(s) are produced for the purpose of increasing recognition of a Film and are generally used as give-a-ways, either in conjunction with a sale or just for promotional purposes. Promotional Items do not generate revenue.

These items can include posters, caps, t-shirts, picture frames, calendars, notepads, pens, mugs, stickers, golf bags, key chains, seat cushions etc.

Filmmaker has the option of providing promotional items to Now Showing Studios as give-a-ways.

If a Filmmaker opts NOT to produce any promotional items or just NOT allow Now Showing Studios to give away their promotional Item, then no promotional Item will be produced or given away by Now Showing Studios.

If a Filmmaker opts to produce Promotional Item(s) and allows Now Showing Studios the licensing right to give-a-way such Promotional Item(s), then Filmmaker agrees to provide Now Showing Studios the needed Inventory in a quantity to be determined by Now Showing Studios and agreed to by Filmmaker.

Filmmaker agrees to give Now Showing Studios a ten (10) percent leeway for any inventory discrepancy that may occur and not hold Now Showing Studios liable for any damage to any item caused by an act of god or unforeseeable circumstance.

Filmmaker also has the option of using Now Showing Studio's to assist in the production of any Promotional Item.

Upon cancellation of this agreement by either party, Now Showing Studios shall return any unused Promotional Items to Filmmaker, less any shipping costs.

Payment Method / Structure

As a Filmmaker, you agree to receive payments from Now Showing Studios via deposit to a Paypal account in US dollars and that you will provide Now Showing Studios a Paypal user name for such account.

PAYMENTS OF SHARED REVENUE generated from paid views of a Filmmaker's Film are calculated form the first day of every month through the last day of every month and payments for the shared revenue generated will be distributed on the 21st to the 28th day of the following month or the closest next business day.

PAYMENTS OF SHARED REVENUE generated from paid shared advertising revenue, are calculated form the first day of every month through the last day of every month and payments for the shared revenue generated will be distributed on the 21st to the 28th day of the 2nd month following the month of the advertising usage.

Any returns or credits from any product shall be deducted from any Filmmakers payments. If any shared revenues are owed to Now Showing Studios, from returns or paybacks, the balance will be carried over to the following month(s) until balance is resolved.

Filmmakers are responsible for informing Now Showing Studios of any Filmmaker Paypal account change and do not hold Now showing Studios harmful in anyway for any misdirected or late payments.

Filmmaker understands if a Paypal account is determined closed (as informed by Paypal), Now Showing Studios will make every attempt to contact Filmmaker using the Filmmaker submitted contact information. If after twelve (12) months, no contact with Filmmaker can be established, all shared revenue owed to Filmmaker shall be forfeited.

Upon completion of the term of this agreement, Now Showing Studios shall pay Filmmaker any and all shared revenue earned and owed in accordance to the
Payment Method and Structure.

Prices Subject to Change

Now Showing Studios reserves the right to change or modify the pricing structure of the one-time views™ at its discretion.

As a Filmmaker, you have the right to change the price of the Downloads to Own, Director's Cut DVD and Merchandise at your discretion. Please allow 14 - 21 business days for the change to take effect. Only one price change per item is allowed in a six (6) month period.

What Films will NOT be Accepted:

Any Film with pornographic material or hatred content will NOT be allowed or accepted in the Now Showing Studios library. Now Showing Studios has the right to refuse any Film, with or without cause or explanation.

Now Showing Studios will not be held liable or responsible for returning any Film not accepted into the library.

Rating System:

As a Filmmaker, you agree to use Now Showing Studio's rating system to rate the content of your Film to the best of your ability and to allow Now Showing Studios the final say, and the right to adjust the rating, according to our judgment. No adult rated films will be accepted.

Filmmakers also agree to provide the MPAA rating of their Film, if applicable.

Previews

Filmmaker agrees to make Previews rated "ALL" in accordance to Now Showing Studios rating system or "G", General, in relation to the Motion Picture Association of America® (MPAA).

Filmmaker must provide the tag indicating that preview is rated "G" or "ALL" and also include the actual rating of the completed Film in the tag.

Now Showing Studios will display the rating of all Previews prior to viewing.

Trailers and Shorts

All Trailers and Shorts must be rated in accordance to the Now Showing Studios rating system and if applicable, the Motion Picture Association of America® (MPAA) and also include the actual rating of the Film in a tag prior to the commencement of the Trailer and or Short being viewed.

Guarantee

Now Showing Studios makes no guarantee of any results from the listing of any Film, Download to Own, Director's Cut DVD and Merchandise or Promotional Item(s) and cannot be held liable for lackluster sales, the number of views and or from the placement of advertising.

Genre of Film

As a Filmmaker, you choose the genre(s) your Film should be placed in, to the best of your ability. Now Showing Studios reserves the right to re-categorize any Film.

Editing

Now Showing Studios has the right to edit the content of the description of a submitted Film for form and fit. No offensive or abusive language will be accepted and could result in a Film not being accepted.

Now Showing Studios will NOT edit, change or disfigure the content of any Film.

Secure

It is the responsibility of the Filmmaker to maintain the security of their user name and password in accessing the Filmmaker section of the website.

Trademarks
All Parties agree that all trademarks, trade names, patents and copyrights owned by Now Showing Studios, our Filmmakers, the Advertisers and Promotional Partners shall be respected and honored in accordance with our agreements with the Filmmakers, Advertisers and Partners and all National and International laws, to the best of our ability.

Film Format and Submittal Requirements

Filmmaker agrees to submit Film in "Flash" Video format at 400k at the size of 700 wide X 400 long or pay a $100 rendering fee for feature films and $50 for trailers and or shorts (10 minutes or shorter in viewing time length), to Now Showing Studios, at the time of submission of the Film.

Now Showing Studios reserves the right to change the submittal form at its discretion.

As a filmmaker you agree to provide to the best of your ability, all the required information and description about your Film.

Now Showing Studios is here to assist if you need any help.

Back Up Copy

It is the responsibility of the Filmmaker to keep complete files of their Film and not use Now Showing Studios as a sole source for keeping and maintaining a version of their Film.

Now Showing Studios, will keep a back up copy of Filmmaker's Film, solely to be used to maintain the status quo of our library or in case of unexpected circumstances.

Order Processing

Now Showing Studios will be solely responsible for processing all orders placed by customers utilizing the secure ordering process of Paypal or any other later determined transaction processing company. This includes shipping, cancellations, returns, payments and miscellaneous customer service in relation to the offered products and or services.

Now Showing Studios also has the right to change payment processing formats to Filmmakers at our discretion. Filmmakers agree to accept and comply with such change.

Warranty

All tangible products sold at Now Showing Studios shall contain a warranty consisting of at least a 30-day money back guarantee. Any revenue earned from a returned item will be subtracted from any current or future monies paid to Filmmakers from future revenue generated.

Limitation of Liability

Now Showing Studios shall not be liable or held harmful for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the overall viewing program, even if we have been advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to this Agreement will not exceed the shared revenue value for a viewed Film and or Director's Cut DVD, Download to Own, Merchandise or Promotional Item(s) based on the shared revenue formula and ten (10) percent of the total advertising revenue generated formula due you under this Agreement.

Spamming

Now Showing Studios has a no spamming policy and will not conduct any marketing or promotional campaign that could be considered as spam, including contacting any member, for any reason, that does not want to be contacted.

Miscellaneous

This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located near Oceanside, California and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to immediately enforce the performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

Modification

We may modify any of the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of price, legal requirements, payment procedures and rules. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

Independent Investigation

You acknowledge that you have read this agreement and agree to all its terms and conditions and have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee or statement, other then as set forth in this agreement.

If all the above is acceptable and you agree, please click on "I Accept the Terms and Conditions" to complete the submission process of your Film.
The next step is to provide your Film information.

I Accept the Terms and Conditions