MATERIAL SUBMISSION AGREEMENT

 

Date: _______________________________

Salter Street Films Limited

Suite 500 - 1668 Barrington Street

Halifax, Nova Scotia B3J 2A2

Canada

 

Dear Sirs:

 

In accordance with your policy concerning submission of ideas and other material, I am today submitting to you a copy of a entitled " (“the "Material"), the copy being attached to this agreement, pursuant to the following agreement:

1. You agree to cause your employee or agent having the duty of evaluating material of the type now being submitted by me to review the Material. I agree that you may use the Material or any of its features or components or any ideas or characters contained in it but only after such time as we enter into a written agreement regarding terms of use and compensation.

2. I acknowledge that all of the important features and components of the Material, and all ideas and characters relating to the Material, are contained in the document attached to this form and that I have disclosed no other such features, components, ideas or characters to you. I warrant that the Material is original with me and that no one else to my knowledge has any right to it. I believe the Material to be unique and novel. However, I recognize that other persons, including your own employees, may have submitted to you or to others or made public, or may in the future originate and submit or make public, similar or thematically identical material which you may have the right to use, and I understand I will not be entitled to any compensation because of your use of other similar or thematically identical material provided that such material was not based on or derived from the Material.

3. Any controversy arising as to whether you used the Material, or relating to this agreement, shall be conclusively determined by arbitration under the Arbitrators Act of Nova Scotia. Such arbitration will be conducted by a single person experienced in the film or television field and mutually selected by us. Any decision resulting from such arbitration shall be controlled by the terms of this agreement, shall be final and binding and may be enforced in the courts of Nova Scotia. No award granted by the arbitrator may exceed the compensation which would have been due to me had the Material been contracted for pursuant to the Writers Guild of Canada/Independent Production Agreement in effect at the time such alleged use. I agree that this amount is fair compensation for the use of the Material and that I can suffer no damages in excess of this amount from your use of the Material or for any other claim with respect to it. I agree that any demand for arbitration must be submitted within six months after the date of your first public exhibition or broadcast of any audio visual work allegedly based on the Material.

4. I have retained a copy of the Material submitted to you and release you from liability for loss or damage to the Material.

5. This agreement constitutes our entire understanding. Any modification or waiver must be in writing, signed by both of us. The invalidity of any provisions shall not affect the material which I may submit to you, unless agreed in writing to the contrary at the time of the submission.

6. No termination of this agreement and no acts with respect to the Material (such as your returning it to me) will affect our respective rights under paragraphs 1, 2 and 3 (including those as to amount of compensation, agreement to be arbitrated and time for bringing any action) and all such rights will survive any such termination or acts.

Submitted by:

 

_______________________

Agreed and accepted this day of                ,                         2002.

 

SALTER STREET FILMS LIMITED

 

By: ____________________________________________