Conditions of Agreement
1. NALIP is not responsible for any violation of copyright, trademark, patent, trade secret, or other rights that may result from disclosure made by response to this call for entries.
2. Solicitation by NALIP of profile and short narrative concepts does not constitute an agreement by NALIP to extend funding to any party for the project under consideration. NALIP may, in its sole discretion, elect not to pursue this project in any manner.
3. Applicants guarantee their complete ownership of rights over submitted materials, and grants NALIP the exclusive right to duplicate, use, disclose, and distribute all of the submitted materials for the sole purposes of evaluation, review, and research. Applicants also guarantee that all such materials are not defamatory and do not infringe upon or violate the privacy rights, copyrights, or other proprietary rights of any third party.
4. If a proposal is selected for funding, Applicants will be required to sign a binding agreement. Until both parties have signed an agreement, no express or implied commitment has been made to provide financial support. Applicants are not authorized to commence activities until the agreement is fully executed. If Applicants opt to commence activities, they do so at their own risk. No oral or written statement other than the signed, written agreement will govern or modify the relationship.
5. As a condition of agreement, Applicants must guarantee that, among other things, any activity they undertake on behalf of NALIP is not defamatory and will not violate or infringe upon the privacy rights, copyrights, or other proprietary rights of any third party. Applicants must also agree to indemnify NALIP against any loss resulting from breach of any of the guarantees contained in the agreement.
6. Those receiving production support from NALIP must be able to comply with a number of requirements that will be included in the operative agreement. These requirements include but are not limited to:
- Maintenance, for 3 years following receipt of relevant funds, of all financial records to the project, which records shall be accessible to NALIP, and to the U.S. Comptroller General or other representatives for examination and audit purposes. (Applicant will additionally ensure that any subcontractors or consultants under the agreement shall also maintain such records for the period specified and under the same terms);
- Maintenance, for 3 years after approval of a final financial report, of a complete file of all subcontracts and other agreements, licenses, clearances, and other documents related to the activity undertaken, copies of which shall be made available to NALIP on request;
- Compliance with equal employment opportunity and nondiscrimination laws and policies;
- A full financial report demonstrating that all costs are reasonable, necessary and allocable to the requirements and objectives of the activity undertaken.
- Latino Lens™ does not accept previously sold or optioned projects, films in post, already premiered/streaming, or works violating or threatening any business, person, place or group or infringing on local, state, or federal laws.
- The agreement will be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions.
7. Other material terms and provisions will be set forth in the documents provided to the Applicant upon successfully completing the selection process.
8. Filmmakers will retain all IP rights over their material. Neither NALIP nor NETFLIX will claim any such rights over screenplays, short films, or other IP which results from the Incubator.
9. NALIP will retain complete rights over the reports created as deliverables for this project.
10. NALIP will not be responsible for any costs incurred by an Applicant in preparing and submitting a proposal, or in performing any other activities relative to this solicitation.