This is a summary of the Agreement that establishes the business relationship between the Artist and WindowSight. It does not include all specifications. Its purpose is to provide the Artist a more accurate insight on the clauses contained in the official Agreement. It is not a valid legal document.
1. WindowSight aims to provide a publicly accessible and economically profitable platform for artists to display artistic content.
2. The Artist is not employed by WindowSight and must be able to produce an invoice for the earnings received from WindowSight.
3. WindowSight and the Artist are interested in starting a business relationship of mutual and reciprocal commercial collaboration, according to the specifications established in the agreement.
The purpose of the agreement is the Artist’s partial and non-exclusive cession of rights to content of which they are the author to WindowSight, concerning content created by the Artist, being property of the Artist that has previously been reviewed and accepted onto the platform by WindowSight.
• The Artist is the holder of the rights to the content uploaded on the platform. Depending on the type of user accessing the content, remuneration to the Artist may vary. The Artist will use the platform for the promotion and public distribution of their artistic creations.
• The content will be displayed, reproduced and accessed by users by means of streaming and WindowSight will not make it available for download.
• The Artist will choose the content they provide to WindowSight. All content provided by the Artist will remain property of the Artist.
• The content may be used by WindowSight for advertising purposes for their own platform and the artists on it, in which case WindowSight is obliged to give credit to the Artist in this advertising.
The Artist, their work and content provided to the platform are not bound by exclusivity to WindowSight.
The agreement shall automatically be renewed successively for periods of one year. At any time either party may decide not to renew or terminate the agreement. In such cases WindowSight will be granted at least two weeks to proceed with the erasure of the Artist’s account and content.
The Artist will receive monthly payment derived from the profits generated from the subscription fees of users that have viewed their content and advertising. The minimum settlement amount is €100 for the Artist to be paid at the end of the month. In the event that the amount is less, it will not be paid until it exceeds that value. To calculate the remuneration, WindowSight uses a specially designed algorithm that is applied to each content that a user views and calculates the corresponding revenue for its author through:
- The user’s viewing time of a specific content on the TV;
- The user’s total viewing time on the TV;
- The user’s generated profit (their subscription fee minus direct expenses*);
- The retribution percentage associated to the content that dictates which amount of the subscription fee goes to the artists and which amount to WindowSight. This percentage will usually be 50%, but it can increase during promotions.
* Taxes, bank commissions and other types of expenses directly linked to a user’s activity on the platform.
Free accounts will have advertisements. These advertisements may be from WindowSight itself or third party brands. The Artist will obtain revenue only in the latter case.
To calculate the total revenue generated by the Artist, all the content incomes will be summed.
The Artist authorizes and assigns WindowSight to make the content available without any limitation of time, support, format or territory, only to users and through the WindowSight platform. The rights that the Artist assigns include, in particular, the rights to reproduce, publish, use in public, disclose, and display the content through the service offered by WindowSight.
WindowSight is obliged to erase all content assigned by the Artist at the time of the termination of the agreement, with the exception of assigned content that has been used to promote or publicize WindowSight, which will be eliminated as soon as the advertising campaign has ended. At the time of termination of the agreement, the Artist will be paid if their account reached the established minimum of €100.
WindowSight may void and terminate the agreement when any of the following causes occur:
- The Artist uses the platform improperly, causes economic losses to WindowSight or unilaterally removes all their content from the platform or does not provide any content.
- The content provided by the Artist is not their property, does not respect the intellectual property rights of third parties or, in general, does not meet the requirements and conditions required by WindowSight in order to be loaned and published.
- Failure by the Artist of any of the obligations or legal provisions contained in the agreement.
The parties state that there will be no labour relationship between WindowSight and the Artist at any time. The Artist states that they have full freedom of choice regarding the services provided by WindowSight and that they are not under the direction of WindowSight, without prejudice to technical indications that may be received from WindowSight.
Personal data provided in this agreement by the parties will be processed in compliance with European data protection regulations.
The parties recognize that the legislation applicable to this agreement will be the Spanish Law. Neither party can transmit or assign, neither directly nor indirectly, by any means, the rights and obligations born in this agreement, without the prior written consent of the other party to any third party.
This is a summary of the Agreement that establishes the business relationship between the Artist and WindowSight. It does not include all specifications. Its purpose is to provide the Artist a more accurate insight on the clauses contained in the official Agreement. It is not a valid legal document.