Programme: LXRY TV, the television programme that LXRY TV produces on the instructions of SBS6, the channel on which LXRY TV is broadcast.
Sponsor: the party that sponsors LXRY TV by means of a financial and/or non-monetary contribution.
2. General provisions
I. In 2019, LXRY TV is producing a series of 10 episodes, the first of which will be broadcast on 20 October 2019. The Programme will be broadcast weekly on Sundays in the approximate 11 a.m. to 12:00 a.m. time slot on channel SBS6. The net length of each episode of the Programme is around 45 minutes. The Programme will be repeated on Sunday nights at around midnight on SBS6.
II. The (provisional) broadcasting schedule of the Programme is subject to change, including channel changes. LXRY TV must inform the Sponsor of any programming changes. The sponsor agreement, including any payment obligation included therein, will remain fully in force if the broadcasting time and/or channel is changed.
III. The editorial team of LXRY TV determines the creative content of the Programme and the Sponsor items. The final editing of and final responsibility for the Programme rests at all times with the programme management of the channel on which the Programme will be broadcast.
IV. If and insofar as editorial attention must paid to the Sponsor’s products or services in the Programme, the editors of the Programme will attend to this exclusively in a neutral and natural manner, all with due observance of the provisions of Article 2, paragraph VI: 1 x display of the trademark or logo, 1 x mention of the trademark. Reference may be made in the Programme only to the Programme website LXRY.NL/TV, and not directly to the Sponsor’s URL.
V. If the editors wish to make use of the expertise of one of the Sponsor’s employees, the name of that person and his/her position will be mentioned by means of a subtitle. The employee must act in the interests of the Programme and may only give general information (without speaking in the plural ‘we’ form). The employee may also not promote or advertise the Sponsor’s products and/or services under any circumstances.
VI. The Programme will be broadcast solely in accordance with the applicable media laws and regulations in the area of advertising and sponsorships. Among other things, these rules entail that no products and/or trademarks of the Sponsor or of any other sponsors may be advertised nor may the products and/or services and/or the Sponsor be shown and/or mentioned in an exaggerated or excessive manner, given the nature and context of the Programme.
3. Sponsor items on location
I. LXRY TV solely determines the period of time for which any Sponsor item is broadcast in the Programme. This may be longer or shorter than the number of minutes specified in the agreement, which is always indicative and depends on the editorial content of the Programme.
II. LXRY TV solely determines the episode in which any Sponsor item is to be broadcast and is entitled to have it broadcast in an earlier or later episode of the Programme.
III. LXRY TV will make an appointment with the Sponsor to film any Sponsor item on location. The Sponsor is entitled to reschedule this appointment once. If the Sponsor wishes to reschedule the appointment more than once, LXRY TV reserves the right not to include any given Sponsor item in the shooting schedule of the Programme and can then no longer guarantee that any such Sponsor item can be shot and broadcast. This will not affect the Sponsor’s payment obligations as set out in the Sponsorship Agreement.
IV. LXRY TV has a half-day of shooting to film any Sponsor item on location. Recording is done on a shooting location in the Netherlands. If the Sponsor wishes for filming to be done at several locations and/or at a location outside the Netherlands, it must pay the additional production costs. LXRY TV will charge any such additional production costs directly to the Sponsor.
I. LXRY.NL/TV is a support website for the Programme that informs viewers about the Programme, the broadcasting times and the role of Sponsors. The website only contains editorial information, while viewers can also find information about the services and/or products that appear in the Programme.
II. During the Programme, a link will be placed on LXRY.NL/TV to a website page of the Sponsor to be determined by the Sponsor.
5. Financial conditions
I. The Sponsor must always pay the invoices to LXRY TV within the payment period specified on the invoice.
II. If the invoice does not specify a payment period or if the date of the invoice is not certain, payment must be made within 30 days of receipt of the services (or performance rendered).
III. Once the payment period expires, the Sponsor is automatically in default. From the date of default, the Sponsor owes default interest of 1% a month, to be calculated until the date of payment in full, for which purpose part of a month is calculated as a full month. If the Sponsor is in default towards LXRY TV, it is liable to pay LXRY TV’s extrajudicial and judicial costs in full.
Materials of the Sponsor and/or third parties, as well as the transport, delay, loss, theft, damage and depreciation thereof, personal injury and consequential damage are not covered by LXRY TV’s insurance. LXRY TV expressly recommends that the Sponsor takes out its own insurance for this purpose.
7. Term of the agreement
This agreement enters into force after it is signed and ends one week after the first broadcast of the last episode of the relevant series of the Programme, with the exception of those provisions which are intended by their nature to remain in force after the performance of the agreement.
8. Cancellation of the Sponsor
After signing the sponsorship agreement, the Sponsor is obliged to purchase the item in any case. If the Sponsor is unable to create and/or purchase the item(s) before the agreed broadcasting date, LXRY TV will be entitled to charge 100% of the total sum as agreed in the sponsorship agreement.
I. All intellectual property rights to the Programme and the website referred to in Article 4 (including copyright and trademarks) vest entirely in LXRY TV. LXRY TV is entitled to any income from running the Programme and the website.
II. The Sponsor is permitted, in principle, to use any Sponsor item produced for the Programme for commercial and/or other purposes for a period of one year on a royalty-free basis, unless this is or could be contrary to media law and regulations and/or the arrangements made by LXRY TV with SBS. The Sponsor may not use this audio and visual material for commercial and/or other purposes without the prior, express and written consent of LXRY TV. The Sponsor fully indemnifies LXRY TV against any third-party claims and/or damage in relation to its use of this audio and visual material.
III. The Sponsor is expressly not permitted to use any Sponsor item produced for the Programme for broadcasting in another television programme.
IV. The Sponsor warrants that insofar as it makes concrete proposals for the content of the Programme and/or audio and visual material, logos, other products, or provides people as referred to in Article 2, paragraph V, that which is proposed or provided does not contravene any copyright or other intellectual or industrial property rights of third parties and is not otherwise unlawful towards third parties. It moreover indemnifies LXRY TV and SBS against third-party claims for compensation and/or other claims in relation to the use and/or broadcasting thereof, as well as the ensuing damage.
The Sponsor is not permitted to refer in its communications to LXRY TV and/or the Programme and/or SBS without the prior written consent of LXRY TV and SBS.
11. Other provisions
I. Amendments or additions to this agreement are valid only if and insofar as they are in writing and have been agreed by the persons who are authorised for that purpose.
II. The parties undertake to use all confidential information that they have obtained in relation to this agreement only in accordance with the terms and conditions of this agreement and not to disclose this information to a third party without the prior written consent of the party to which the information relates.
III. The parties are not entitled to assign any rights and/or obligations that arise from this agreement to a third party, unless the other party has given its prior written consent.
IV. Dutch law applies to this agreement.
V. All disputes relating directly to indirectly to the provisions of this agreement must be submitted exclusively to the court in Amsterdam that has jurisdiction by reason of the dispute.