Distribution partner agreement

1. Parties and scope

This Distribution Partner Agreement is between Thomas Doykinitsas — a sole trader operating the platform under the brand name “Creativity” (“we”, “us”; in this agreement “Creativity” means that trader, never a separate company) — and the business that accepts it during partner onboarding (the “Partner”, “you”). The version number shown at the top of this page is the version you accept; your acceptance is recorded with that version, the user who accepted it and a timestamp. A signed PDF copy, where one exists, contains the same text.

In this agreement: a “Title” is a film, series, season or episode you supply for distribution, together with its artwork, trailers, subtitles and metadata; the “Platform” is creativityfilms.gr and its television and casting apps; a “Buyer” is a viewer who rents or buys a Title through the Platform; and “Stripe” is Stripe Payments Europe Ltd and its affiliates, whose Connect service processes payments.

2. Who can be a partner

You must be a legal entity — a company, a registered sole trader or a non-profit — established in a country supported by Stripe Connect, and you must be registered for VAT or the equivalent sales tax wherever that registration is required for the sales you make. Because you sell directly to Buyers, you carry the tax and consumer-law responsibility that goes with being the seller; a business that cannot account for tax on its sales cannot be a partner.

You must complete Stripe’s onboarding for your own connected account, including identity verification and Stripe Tax, and you must give us your legal name, registered address and VAT or tax number and keep them up to date. Titles cannot be priced until your account is active and Stripe Tax is set up.

The Platform is invitation-only. We may decline, suspend or end a partnership at our discretion; we will tell you why where we reasonably can.

Free distribution. A Partner may distribute Titles at no charge to Buyers (“free distribution”). A free-distribution Partner accepts this whole agreement, but clauses 4 to 8 (seller of record, pricing, commission, refunds and chargebacks, taxes) and the Stripe and tax-registration requirements above apply only from the moment the Partner switches to paid distribution and prices a Title; until then no tax registration or Stripe account is needed. Individuals, groups and companies may all apply.

3. Licence to distribute

You grant Creativity, for the term of this agreement, a non-exclusive, royalty-free licence to host, encode, store, transmit, stream, display and make available each Title on the Platform, in the countries you select, and to use the Title’s artwork, trailer, stills, synopsis and metadata to present and promote it on the Platform, on Creativity’s own social, email and television channels, and in press about the Platform. We may make technical copies (transcodes, thumbnails, previews) for those purposes.

You keep every right you have in the Title. We claim no ownership, and we will not sub-license a Title to any other service. A Title is always presented under your channel and attributed to you, never as a Creativity production.

4. You are the seller

You are the merchant of record for your Titles. Each payment is taken on your own Stripe connected account, the invoice is issued in your legal name with your tax number, and the contract of sale is between you and the Buyer. Creativity is the platform: it hosts, streams, supports and promotes, and takes a commission. It is not a party to any sale.

You must comply with the consumer law that applies to your Buyers — including, for consumers in the European Union and the United Kingdom, the 14-day right of withdrawal, the rules on its waiver for digital content, and the remedies for content that does not conform to the contract. The Terms of Use and Refund Policy published on the Platform set out the process Buyers are shown; you agree to honour them as a minimum standard and authorise us to administer refund requests on your behalf as described there.

5. Pricing, rentals and availability

You set the price of each Title in the price editor, in euro, inclusive of any VAT you must charge; Stripe Tax on your account calculates the tax for each Buyer’s country. You choose whether a Title is offered to rent, to buy, or both, the rental window, and the countries in which it is available. You may change prices at any time; a change never affects a purchase already made.

Creativity+ members may be offered a discount on your Titles. Unless you set your own, the default discount is funded entirely out of Creativity’s commission, so you receive your share of the full list price. A discount you set yourself above that level comes out of your share. Buyers are always shown the list price and the discount separately.

Creativity’s own catalogue is free to Buyers and is not affected by this agreement.

6. Commission and payment

Creativity’s commission is 30% of the amount the Buyer pays on each sale, including any VAT charged. It is collected automatically as a platform fee on the same Stripe charge, so the remaining 70% lands in your Stripe balance at the moment of sale, less Stripe’s own processing fee, which is yours, and is paid out to you on your Stripe payout schedule.

There is no invoicing between us and no manual settlement. We will provide a statement of commission for any period on request, for your records. A different split may be agreed with a particular partner in writing and is recorded on your partner record; otherwise this section applies.

7. Refunds and chargebacks

Refunds and chargebacks are debited from your Stripe balance, because the sale was yours. When a refund is issued through the Platform, Creativity returns its commission on the refunded amount in the same proportion, unless we both agree otherwise for a specific case; Stripe’s dispute and chargeback fees are yours.

You authorise Creativity to issue a refund on your behalf where the published Refund Policy or the law requires it — cancellation within 14 days before playback, and content that does not conform — and to revoke the Buyer’s access when it does so. Discretionary refunds are yours to decide; we will ask, and act on your answer within the timescales the Refund Policy promises Buyers.

8. Taxes

Each party is responsible for its own taxes. You account for VAT or sales tax on every sale to a Buyer through Stripe Tax on your own account and against your own registrations. You are responsible for holding the registrations required in each country where you choose to make a Title available — for example an EU One-Stop-Shop registration for sales to consumers in other member states — and you may restrict availability by country to manage that.

Creativity’s commission is a business-to-business service supplied from the United Kingdom. Where you are established outside the United Kingdom, no UK VAT is charged and you account for any VAT due under the reverse-charge rules of your own country. Where you are established in the United Kingdom, no VAT is charged for as long as Creativity is not VAT-registered; we will tell you if that changes. You must give us a valid VAT or tax number and tell us if it changes.

9. Rights warranty and indemnity

You warrant, for each Title and for as long as it is on the Platform, that: (a) you own, or have obtained from the rights-holders, every right needed for it to be distributed as this agreement allows — including the screenplay and any underlying work, all music (both the composition and the recording, including any clearance needed from a collecting society), archive and third-party footage, stills, fonts and artwork, and the consents of every performer and contributor; (b) nothing in the Title is defamatory, obscene, unlawful, or infringes any person’s rights, including privacy and data-protection rights; (c) the synopsis, credits, age-suitability information and other metadata you supply are accurate; and (d) you will tell us immediately if any of this stops being true.

You will indemnify Creativity — and, because Creativity is an unincorporated sole trade, the individual who runs it — against all losses, damages, liabilities, fines, costs and expenses, including reasonable legal fees and the cost of defending or settling a claim, that arise from a breach of these warranties, from any claim by a third party that a Title or its metadata infringes their rights or is unlawful, or from your breach of the law as seller. This indemnity is not subject to the liability limits in clause 14.

If a claim is made we will tell you promptly, will not admit liability without consulting you, and will let you conduct the defence where you ask to and are able to, provided you keep us informed and do not settle in a way that binds us without our consent.

10. Content standards and editorial discretion

Every Title must be lawful in the countries where you make it available, must not contain hate speech, incitement, or material that sexualises minors, and must carry accurate age-suitability information where we ask for it. You must supply the Title in the technical formats we specify and deliver subtitles or other accessibility material you hold.

Creativity curates what appears on the Platform. We may decline a Title, or remove one, in our editorial discretion and without that being a breach of this agreement. Reviewing a Title before publication is our choice, not a duty, and does not transfer any responsibility for it from you to us.

11. Notices, complaints and takedown

When a notice arrives claiming that a Title is illegal or infringes rights — through the Platform’s report form or otherwise — we will forward its substance to you, and you must respond substantively within five working days. Creativity may suspend the Title immediately while the matter is resolved, without that being a breach, and may remove it permanently if the notice appears well founded or you do not respond in time.

This is what preserves the hosting protection that makes it possible for the Platform to host anyone else’s film at all. Repeated well-founded notices against your Titles are grounds for termination.

12. Viewer data

Creativity is the sole controller of the personal data of viewers and Buyers on the Platform. You receive aggregated statistics only — views, sales, revenue and their timing — never names, email addresses, viewing histories or any other detail that identifies a viewer.

The one exception is what Stripe makes available on your own connected account so that you can issue the invoice and meet your tax obligations as seller: the Buyer’s name, email and billing country. For that data you are an independent controller and must comply with the GDPR and the UK GDPR as they apply to you. You may use it only to fulfil and account for the sale; you may not use it for marketing or share it with anyone else.

13. Term, termination and what survives

This agreement starts when you accept it and continues until ended. Either party may end it on 30 days’ written notice by email. Either party may end it immediately if the other is in material breach and does not cure it within 14 days of notice, or becomes insolvent; Creativity may also end it immediately if your Stripe account is restricted or closed, or under clause 11. Creativity may withdraw any Title at any time, and you may withdraw a Title on 30 days’ notice.

When a Title is withdrawn or this agreement ends: Buyers who have already bought the Title keep their access for as long as the Platform exists, and the licence in clause 3 continues for that purpose only; rentals in progress run to their expiry; sales made before the end date are settled on the terms above; and clauses 7, 9, 12, 14 and 15 continue to apply.

14. Our liability to you

Creativity provides the Platform with reasonable care and skill but makes no promise about the sales, views or revenue a Title will achieve, or that the Platform will be available without interruption. The Platform is provided “as is” and “as available”, without any warranty, express or implied, including any implied warranty of merchantability or fitness for a particular purpose.

Except for the matters that cannot lawfully be excluded, Creativity’s total liability to you under or in connection with this agreement in any twelve-month period is limited to the commission it actually received from your sales in that period, and neither party is liable to the other for loss of profit, revenue or opportunity or for any indirect or consequential loss. Your indemnity in clause 9 is not limited by this clause.

Neither party excludes liability for death or personal injury caused by its negligence, for fraud, or for anything else the law does not allow to be excluded.

15. General

This agreement, together with the price and availability settings you make in the partner tools, is the whole agreement between us about the distribution of your Titles. The word “partner” describes a commercial relationship; it does not create a legal partnership, agency or employment, and neither party may bind the other.

We may issue a new version of this agreement. You will be asked to read and accept it before you can take further action in the partner tools; if you do not wish to accept it you may end this agreement under clause 13 and existing sales continue to be honoured. Neither party may assign this agreement without the other’s consent, except that Creativity may transfer it to a company that takes over the business, on notice to you.

Notices are given by email to the addresses each party has registered. If any provision is found to be unenforceable, it is read down or removed to the minimum extent necessary and the rest continues in force. This agreement is governed by the law of England and Wales and the courts of England and Wales have non-exclusive jurisdiction; both parties will try to resolve any dispute by discussion first. It is written in English and Greek; the English text prevails if they differ.

16. Acceptance and re-acceptance

You accept a specific numbered version of this agreement during onboarding by ticking the acceptance box, and that acceptance is recorded with the version, the user who accepted on your behalf and a timestamp. The user who accepts confirms that they are authorised to bind you.

When the agreement is updated the version number changes, and every partner is asked to read and accept the new version before they can do anything else on the Platform.

Who the agreement is with

The agreement is between the Partner and the trader named below.

Trader

Thomas Doykinitsas

Service address

Flat 3 Regal Court, Dawes Road, SW6 7DT, London

Contact

thomas@creativityfilms.gr

VAT status

Χωρίς εγγραφή στον ΦΠΑ του Ηνωμένου Βασιλείου (κάτω από το όριο των £90.000)

The trader named above is an individual established in the United Kingdom as a sole trader. “Creativity” is the brand name the platform is operated under; it is not a company or any other legal entity, is not separately registered and has no company registration number. Every obligation on this page is the trader’s, and no one else’s.