1. YOUR ENGAGEMENT WITH STARCAST
Starcast offers its agency and management services on either an “Exclusive” or “Non-Exclusive” basis. Upon registering through the Website, you are automatically eligible to engage Starcast for Non-Exclusive Representation.
A. NON-EXCLUSIVE REPRESENTATION
What is Non-Exclusive Representation?
Under “Non-Exclusive” representation, Starcast will provide agency and management services to you for only those projects that you choose to engage Starcast for, or those that Starcast brings to you. You will be free to engage and work on other projects with or without other agents and managers, excluding those projects that are brought to you by Starcast. If required by you, Starcast agrees to work diligently and in harmony with any other representatives you may have already engaged, within India or other territories.
B. EXCLUSIVE REPRESENTATION
What is Exclusive Representation?
Under “Exclusive” representation, all engagements you enter into with third parties shall be managed by Starcast on your behalf and you shall not engage any third party to provide you services similar to those provided by Starcast in the territory of India. Starcast agrees to work diligently and in harmony with any other representatives you may have engaged in other territories.
How to sign up for Exclusive Representation:
If you wish to engage Starcast as your exclusive representative, upon registering on the Website, please write to Starcast at firstname.lastname@example.org with “Request for Exclusive Representation” in the subject line. Starcast may require you to enter into separate documentation to record this understanding, should you choose to opt for exclusivity.
2. STARCAST SERVICES TO YOU
a. On a best efforts basis, Starcast shall promote and recommend you to secure professional engagements in your area of expertise; however, Starcast does not provide any minimum guarantee in respect of your finances or career advancement.
b. On your behalf, Starcast endeavours to negotiate the most favourable contractual terms possible relating to your finances, time and logistics, as prescribed by you.
c. Starcast shall receive payments on your behalf; initiate recovery of payments on your behalf, when required; Starcast will pay such amounts received from third parties upon deduction of the Commission (defined below) and taxes, as applicable.
d. Starcast shall maintain records of your engagements and earnings for your perusal.
e. Starcast will coordinate your availability for dates and hours of work, and maintain your calendar for professional commitments wherein its services have been engaged by you.
f. You acknowledge and understand that our services are advisory, and we will always act in good faith and in your best interests. If we deem it fit, we may recommend that you seek professional advice, such as legal and taxation advice, and assist you with the choice of such professionals. However, the appointment of any such professional advisers will be entirely at your own cost.
g. Starcast agrees not to disclose any information to any third party concerning your personal or business affairs except for the purpose of promoting your career and obtaining favourable contractual terms, or to your professional advisers, or to other persons who may be lawfully entitled to receive such information.
3. STARCAST’S COMMISSION MODEL
a. In exchange for the services provided by Starcast, you shall pay Starcast a fixed, non-negotiable commission for each confirmed professional engagement. Starcast will collect payments and retain commission and taxes as applicable, before transferring such payment to you. Payments may be received directly by you in exceptional cases, upon Starcast’s prior written approval. The commission payable will be as follows:
15% of the Gross Earnings you receive for any engagement
20% of the Gross Earnings you receive for engagements managed by Starcast
“Gross Earnings” will include all earnings and other consideration, whether in the form of salary, bonuses, royalties, payments, fees, interests, property, percentages, shares of profits, stock, merchandise or any other kind or type of income or remuneration, arising out of any professional engagement.
b. All payments will be made to you within 3 working days, after deduction of the commission payable to Starcast.
c. The commission is only payable once payment from a given engagement is actually received. Commission will not be taken on sums paid over for subsistence, touring allowances, general expenses or per diems.
d. Commission will be payable on all engagements that Starcast brings to you, irrespective of whether you continue to be represented by Starcast on such engagement.
4. YOUR OBLIGATIONS AND RESPONSIBILITIES
You agree to fulfil the following obligations and responsibilities.
a. You are not in violation of any law or under any disability to enter into this agreement, either contractually, under the law or otherwise.
b. You will not accept any liability in Starcast’s name or on Starcast’s behalf.
c. You will not be, libellous or defamatory and refrain from any action which may bring Starcast into public disrepute or reflect unfavourably on Starcast.
5. OWNERSHIP OF INTELLECTUAL PROPERTY
There is no understanding under this agreement of co-ownership or transfer of any intellectual property between you and Starcast. To the extent that you own any intellectual property, you will retain ownership over such intellectual property. Similarly, Starcast will remain the sole owner of all its intellectual property rights.
a. This agreement is open ended and will remain in effect until terminated by either party, in writing, with no notice period or time restrictions of any kind. Whereas we are hopeful of a long and fruitful relationship with you, we would not want to hold you to any agreement if you are unhappy and on termination of this agreement, we agree to the smooth and immediate transfer of any information we hold, including electronic copies of all prior contracts and payslips to your new agents.
b. Starcast will be entitled to administer any remaining engagements and contracts (commissionable or otherwise) procured during the term of this agreement till the end of the term of such engagements and will continue to collect any royalties, residuals or repeat payments commissionable from prior or existing contracts or any remounts or extensions thereof.
7. ADDITIONAL TERMS
a. You release Starcast from any liability arising out of any engagements you may enter into with third parties, including your breach of any agreements with such third parties.
b. You acknowledge that you have independently perused and understood these terms in their entirety.
c. If you breach any terms under this agreement, you will indemnify and hold Starcast harmless from all claims, damages and costs that Starcast may incur as a result.
e. The Agreement shall be construed in accordance with Indian Law, and shall be subject to the sole and exclusive jurisdiction of the courts of Mumbai, India.
We look forward to working with you.