agreement service details

ANNEXURE I

Services List:

Post-Piracy Solutions: These solutions focus on what to do after potential leakage, piracy, or infringements are happening.

  1. Digital Piracy Removal: We will scan and identify the infringement of your content and copies on the world wide web and take them down wherever necessary. We help companies improve their subscriptions and revenue.

    Features:

    • Enforcement Tiers:

      • Search Engine Delisting
      • Standard Enforcement Tier: Identify & Remove Infringements from Search Engines, Social Media & Origin.
      • Full Takedown + IP Intelligence: Full Takedown with the added support of Gathering IP & Domain Intelligence
    • Special Features

      • Tool-Assisted: Tool-assisted manual check on several platforms
      • Custom Data Gathering: Explore the dominating piracy & file-sharing networks
      • Manual Submissions: Unlimited Manual Piracy Link submission
  2. E-Commerce Monitoring: We will scan and identify all the listings on e-commerce platforms chosen/given by the Client. We will monitor the Client's titles/brands and identify underpriced listings, fake covers, and suspicious counterfeit listings.

  3. Article Protection: We will integrate our data-gathering capabilities into your content delivery system and capture the latest articles to figure out copies available on the internet for the takedown. It will help to raise traffic to the website and increase credibility for the content.

  4. Image Identifier: We will integrate our data gathering capabilities into your content delivery system and analyze the exclusive latest images and photos for copies available on the internet. We will take down such sources and will help save the exclusivity and credibility of the content.

  5. Text Finder: We will scan each text phrase given by the Client from their titles\brands and identify the sites copying the text without permission and take down such links/sites.

Pre-Piracy Solutions: These solutions focus on what to do to prevent potential leakage, piracy, or infringements.

  1. TextMarker: We will provide you a content delivery channel through which every content you serve on your platforms will not be copyable or extractable in its original form by any automated or manual means.

  2. Content Security Audit: Help you to identify security vulnerabilities or loopholes in your content delivery process and set up necessary measures to protect the content delivery pipeline using the best technologies to date. We evaluate the existing technology in place at the client’s end and provide a holistic overview of loopholes that cause possible leakage of content. In addition to that, we suggest tech measures to safeguard the content from leaking without authorization. We can evaluate servers, mobile apps, web apps, websites, or other related technology in this service.

  3. Plagiarism Checker: We have developed the technology specifically to target online book publishers or article publishers to authenticate the content before publishing. We evaluate the originality of the content and provide points of reference if the content is being copied, wholly or partially. This technology is applicable for content types like text and images and supports all kinds of applicable formats. We will identify potential plagiarized sources for you for the submitted information and help you avoid any potential copyrights burden.

  4. Writing Engine: Secure Sandbox Environment and Remote Manuscript Writing Application

Brand Solutions: These solutions focus on providing unique solutions to protect brand-focused issues related to fake pages, impersonation of brand or their community individuals, trademark violations, defamation, and reputation management.

  1. Brand Infringement Action: Manual Submissions by the client for any infringement of your brand’s name, logo, or trademark in form of profiles, channels, groups will be investigated, and takedown action will be taken against the infringer.

  2. Social Media Scan and Removal (Profiles): Scan social media for accounts that impersonate your brand and take legal action against them. These profiles can be used for social engineering, display fake affiliations, scam your customers, or spread fake news if not taken down.

    • Platforms: Facebook, YouTube, Telegram, Instagram, Twitter, Linkedin
  3. Reputation Management: Manual Submissions by the client for all potential defamatory cases from the client: All Social Media and Influencer Platforms.We will handle requests containing any mention, review, comments, or misuse of your brands and investigate them for potential defamation. We will report them further under the applicable laws.

  4. Phishing Sites Detection: To detect phishing URLs, we use three techniques - your brand name, logo, and the signature generated from your website content. Our human analysts take down those phishing sites once they are detected.

Deliverables of the Company:

This document, hereafter referred to as the Statement of Work (SOW), is entered by Client and Company on the "Effective Date" and defines the scope of work. Once accepted and signed, this document will be referred to for the project's duration to identify the project scope, key deliverables, length of engagement, and cost. If at any time during the project any of the aforementioned variables should require adjustment, a Change Order detailing the change and its impact on both timeline and cost will be created by Company and submitted to the Client.

Service NameService DescriptionService Deliverables
ScanningData Collection (“Data” or “Links”) Procedure in order to find infringements in an automated and manual manner.

Automated Data Collection by Company's Platform from various sources across popular internet services & regions

  • Search engines, Social networks, P2P platforms, Cyberlockers, and Other Networks
InvestigationTo find Infringers (“Infringers”) who are infringing the rights of the Client.Collect publicly available information & insights on the infringes or third parties (collectively called the "Infringing Parties") involved in infringements of the Client's Content, for removal of the infringing resource or any other action deemed necessary within the ambit of applicable laws, for piracy reduction.
RemovalsSend takedown Notices to the website’s hosting/providing access to the Infringing Content and Follow-ups for any counterclaim or query.Sending takedown notices for Content removal from unauthorized sources found and confirmed by the parties.
ReviewData review by the Company's team to confirm infringements, communicate with the Client for confirmation and send takedown notices.The Company will appoint an internal team to review data, confirm infringements and send takedown notices to unauthorized sources.
Cycles & DurationThe number of cycles (“Cycle”) in a month for which scanning will be performed for each title. Investigation and removals are not bound by this cycle but are limited to the engagement period of the title.No. of Scans per Title and/or brand per Month as per the frequency chosen and a minimum engagement period of one year of scanning, investigation, and removals. This is the default until unless for a title and/or brand, the cycles are reduced or/and the engagement period is increased by the Client or specified by the Plans in Annexure-II.

The Course of Action of the Company's Service:

  1. The Company's course of action will start by getting the title list and/or brand list from the Client with all cycles and engagements specified and uploading the information to the Company's platform ("platform").

  2. The Company will grant access to the Client of the platform’s dashboard (“dashboard”) for real-time inspection of the work done by the Company and its platform.

  3. After the titles and/or brands have been uploaded, the data (if anything relevant is found) will be reflected on the platform’s dashboard in a maximum of 7 working days, including the links scanned by the platform to identify the infringements and infringers for the Client.

  4. The dashboard will include the data scanned by the platform, the review done by the platform and the Company’s team, action taken by the Company for each link, and other investigation data.

  5. The Company will send monthly reports and insights (if any) for the data collected and actions taken by the Company, including the pending actions, actions that need follow-ups, and failed actions.

  6. The Company will send an email to the Client for the confirmation of each infringement and will wait for a response from the Client for approving the infringements for removal. The Company will not take any actions or send those data again for review unless confirmed and acknowledged by the Client. In the same manner, the Company will also ask and send links and data to the Client for which the Company has confusion and needs further assistance/information from the Client for confirming infringements.

  7. To speed up the procedure (as slightly restricted by the previous point), the Client can specify what type of Content they consider as confirmed infringements. Hence, they can allow the Company to not ask frequently for those confirmations.

  8. After every cycle (if applicable and as per the chosen plan(s), see Annexure-II), the titles and/or brands will be scanned by the platform again, and the cycles will end after the engagement period of the titles and/or brands unless extended by the Client.

  9. In case of failure in the removal, the Company will report the reason for such failure to the Client and suggest a course of action that the Client may follow to remove the Infringing Content. Anything beyond that will not be considered part of the current service.

  10. The Company reserves the right to reject any request from the Client if the legal grounds to take infringement actions are unclear. In such a scenario, if the Client wants to continue, they need to provide a written statement stating the legal grounds for the Company to take action.

  11. The Company does not offer any guarantees to uncover all infringing resources that might be available at any given time. The service is only to assist the Client in mitigating the impact of copyright infringement by delivering Work Products defined in this SOW. The Company shall not be liable for any damages arising out of failure to identify URLs.

Deliverables of the Client:

  1. Fees for the Plans chosen (For Plans, See Annexure-II)

  2. A document containing a List of Titles and/or List of Brands must be either attached as a separate document with this Agreement or delivered through electronic email to the Company Email. A sample format for the List of Titles and/or List of Brands is available in Annexure III.

  3. An authorization letter must be signed by the Client to allow the Company to act as a copyright agent on their behalf. The Company can share this letter with 3rd parties for verification.

  4. A List of authorized e-listings and publish Content on the internet of the Client's Titles and/or Brands. The Client must update this information and share the List to the Company on the Company’s Email whenever necessary.

  5. An internal team must be appointed by the Client, which will assist the Company in confirming and acknowledging confirmed infringements and cases in confusion for removal or non-removal.

  6. The Company can request the Client for other non-sensitive information related to the titles and/or brands necessary for the service's execution while executing or after the execution of this Agreement, which must be delivered by the Client as a separate document with this Agreement or delivered through electronic email to the Company Email. The Company will give a format (if applicable) for the submission of the information.

The Course of Actions by the Client:

  1. The Client will receive infringement cases from the Company over an email/mail. The Client must approve a takedown action for infringement cases identified by the Company, or the Company will take actions according to statement 7 in the Company's Course of Actions.

  2. The Client, if so desired, can also remove Content using the dashboard to effectuate enforcement instead of waiting for the service executions, but the Client must be in sync with the Company's team to do so to avoid any confusion or duplication of work.

  3. On occasion, the Company may recommend the Client proceed with specific legal actions (beyond the particular takedown requests handled by the Company). It is the Client's decision whether to follow such a course of action.

  4. If the Client wants to decrease the cycle (if applicable) of a title and/or brand or increase engagement of a title and/or brand or want to increase the number of titles and/or brands during the service period, the appropriate invoice has to be paid by the Client before the service changes are reflected for the title. If the changes are done to an existing title and/or brand, the changes will reflect in the next cycle.

  5. Suppose the Client finds new infringing information which the Company does not identify. In that case, the Client may inform the Company about the infringing links/data by email for necessary actions or submit the information manually using the dashboard.