Last Updated: February 28, 2022
FrandAvenue Publishing Terms and Conditions
This agreement (the "Agreement") is a binding agreement between the individual or the entity identified in your FrandAvenue Publishing ("FAP") account ("you" or "Publisher") and each FrandAvenue party. The "FrandAvenue parties" are, individually, FTK SAS, a French company (société par actions simplifiée), registered with the Paris Registre du Commerce et des Sociétés under the number 878 178 870 (“FTK”), FrandAvenue Asia Pte Ltd, Singapore, FrandAvenue India Pvt Ltd and each other FTK affiliate that joins as a party to this Agreement. An FTK "affiliate" is any entity that directly or indirectly controls, is controlled by, or is under common control with an FrandAvenue party. "FTK," "we" or "us" means, together, the FrandAvenue parties and their affiliates.
This Agreement provides the terms and conditions of your participation in the FAP distribution program (the "Program") and your distribution of digital content through the Program (all such content, "Digital Content" or “Content”), and consists of:
- Agreement Acceptance.
You accept this Agreement and agree to be bound by its terms by either (a) clicking agree or accept where you're given the option to do so or (b) by using the Program, or any part of it. If you don't accept the terms, you are not entitled to use the Program. If the Publisher is an entity, the individual person who accepts this Agreement for the Publisher represents and warrants that he or she is entitled to enter this Agreement as an authorized representative of Publisher and to bind Publisher to the terms of this Agreement.
- Agreement Amendment.
The Program will change over time and the terms of this Agreement will need to change over time as well. We reserve the right to change the terms of this Agreement at any time in our sole discretion. We will give you notice of the changes by posting new terms in place of the old at https://www.frandavenue.com/publisher/home with a revision date indicated at the top or by sending an email to the email address then registered for your FAP account.
Changes to terms of this Agreement will be effective and binding thirty (30) days from posting or on the date you accept the changes, whichever first occurs, unless you accept the changes earlier on, by either (a) clicking agree or accept where you're given the option to do so or (b) by using the Program to make additional Content available through the Program. If you do not accept the changes, you must withdraw your Content from further distribution through the Program and terminate your use of the Program prior to the date thirty days from our posting of the changes.
- Term and Termination.
The term of this Agreement will begin upon your acceptance of it and will continue until it is terminated by us or by you. We are entitled to terminate this Agreement and your access to your FAP account at any time. We will notify you upon termination. You are entitled to terminate at any time by providing us notice of termination, in which event we will cease selling your Digital Content within ninety (90) days from the date you provide us notice of termination. We may also suspend your FAP account at any time with or without notice to you, for any reason in our discretion. Following termination or suspension, we may fulfill any customer orders for your Content pending as of the date of termination or suspension, and we may continue to maintain digital copies of your Digital Content to provide continuing access to or re-downloads of your Digital Content, as well as digital copies of your Content to support customers who have purchased a Content prior to termination or suspension. The following provisions of this Agreement will survive termination of this Agreement: Sections 1, 3, 5.4, 5.5, 5.6, 5.7, 5.8, 6, 7, 8, 9, 10, and any other provisions that, by their nature, are intended to survive. All rights to Digital Content acquired by customers will survive termination.
- Account Eligibility and Registration.
- Eligibility. You must have an active FAP account to participate in the Program. You represent that you are at least 18 years old (or the age of majority where you reside, whichever is older) and that you can form a legally binding contract.
- Account Information; No Multiple Accounts. You must ensure that all information you provide in connection with establishing your FAP account, such as your name, address and email, is accurate when you provide it, and you must keep it up to date as long as you use the Program. You may maintain only one account at a time. If we terminate your account, you will not establish a new account. You will not use false identities or impersonate any other person or use a username or password you are not authorized to use. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify account information you provide. You also consent to us sending you emails relating to the Program and other publishing opportunities from time to time.
- Account Security. You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether you have authorized the activities. You may not permit any third-party to use the Program through your FAP account and will not use the FAP account of any third party. You agree to immediately notify FTK of any unauthorized use of your username, password or account.
- Content Distribution and Assignment Rights.
- Content categories. There are two forms of Content: Content which you own and publish on the Program (“Off The Shelf Content” or “OTS Content”) and Content which we order from you for publication on the Program (“Services To Order Content” or “STO Content”). Both are Content and, unless specified otherwise, the same rules shall apply to them.
- Delivery, Acceptance and Withdrawal.
- Delivery. You must provide to us, at your own expense each Content you desire to distribute through the Program. We will not return to you any electronic files or physical content or media you deliver to us in connection with the Program. You must deliver all electronic files free and clear of viruses, worms and other potentially harmful or disrupting code.
- Content Requirements. You must ensure that all Content complies with our Program Policies for Content at the time you submit it to us. If you discover that Content you have submitted does not comply, you must immediately withdraw the Content by unpublishing it, or by republishing content that complies through the Program procedures for Content withdrawal or republishing, or notify us via email to firstname.lastname@example.org. We are entitled to remove or modify the metadata and product description, information or images you make available for your Content for any reason, including if we determine that it does not comply with our content requirements. We may also remove all or any part of your Content’s cover art for any reason, including if we determine that it does not comply with our content requirements. You may not include in any Content any advertisements or other content that is primarily intended to advertise or promote products or services. You must ensure that all metadata you provide to us is current, complete, and accurate. If you discover that any metadata you have provided to us for a Content is inaccurate or incomplete, you must promptly submit corrected metadata to us through the Program procedures for metadata submission, or notify us via email to email@example.com.
- Content Rejection. We are entitled to determine what content we accept and distribute through the Program in our sole discretion. If we request that you provide additional information relating to your Content, such as information confirming that you have all rights required to permit our distribution of the Content, you will promptly provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our distribution of the Content and the accuracy of the information or documentation you provide to us with respect to those rights.
- Content Withdrawal. You may withdraw your Digital Content from further sale in the Program at any time on ninety (90) business days advance notice by following the then current Program procedures for Content withdrawal or unpublishing, or notify us via email to firstname.lastname@example.org.
- Customer orders. We may fulfill any customer orders that are completed at the date the Content are available for sale. All withdrawals of Content will apply prospectively only and not with respect to any customers who purchased the Content prior to the date of removal.
- Reformatting. We may, in our discretion, reformat your Content, and you acknowledge that unintentional errors may occur in the process of reformatting of your Content. If any such errors do occur, you may remove the affected Content from further sale in the Program as provided in Section 5.1.4 above, and this will be your only remedy for the errors. We may also, in our discretion, correct any errors existing in a Content file as you deliver it to us.
- Marketing and Promotion, Reviews and Optional Programs and Services.
- Marketing and Promotion. We will have sole discretion in determining all marketing and promotions related to the sale of your Content through the Program and may, without limitation, market and promote your Content by making pages or portions of your Content available to prospective customers without charge, and by permitting prospective customers to see excerpts of your Content in response to search queries. We will not owe you any fees for any marketing or promotional efforts. You acknowledge that we have no obligation to market, distribute, or offer for sale any Content, or to continuing marketing, distributing or selling a Content after we have commenced doing so.
- Optional Programs and Services. We may make available to you optional programs and services through your FAP account. Terms and conditions for those optional programs and services are included at the end of this Agreement. Those terms and conditions are part of this Agreement.
- List Price. The list price we provide to you is referred to in this Agreement as your "List Price." Where your Royalty is calculated based on your List Price, it will be calculated based on your List Price exclusive of the VAT applicable to the customer. The Digital Pricing Page, if and when available, has additional requirements for List Prices that you must comply with. The List Price for purposes of the Royalty calculation will be the List Price we determine to be effective at the time of customer purchase.
- Currency Conversion. We may sell your Content using multiple currencies. When we do, we may convert your List Price to other currencies (each, a "Sale Currency") at an exchange rate we determine. We may periodically update the converted List Price to reflect current exchange rates. For purposes of royalty calculations, the converted List Price in the Sale Currency will be your List Price when we offer and sell your Content in the Sale Currency.
- Multiple List Prices. We may provide you with multiple List Prices for a Content in different currencies or for different quantitative discounts.
- Customer Prices. To the extent not prohibited by applicable laws, we have sole and complete discretion to set the retail customer price at which your Content are sold through the Program. We are solely responsible for processing payments, payment collection, requests for refunds and related customer service. We may however request your reasonable assistance which you endeavor to provide to the best of your capacity.
- Royalties, Fees and Payments.
- Royalties. If you are not in breach of your obligations under this Agreement, for each Off The Shelf Content sold to a customer through the Program, the FrandAvenue party that made the sale (or whose affiliate made the sale) will pay you the applicable Royalty, net of refunds, bad debt, and any VAT, GST, sales or other taxes charged to a customer or applied with respect to sales to a customer.
- Fees. You will pay a one-time listing fee and a one-time technical fee for each Content listed on FrandAvenue. We will invoice such fees at the time we receive an order for such Content and we will deduct the corresponding amount from the Royalties we will pay you for the same Content.
- When We Pay You. Unless otherwise specified in the Digital Pricing Page each FrandAvenue party will pay Royalties due on Content sales approximately thirty (30) days following the end of the calendar month during which the sales were made. At the time of payment, we will make available to you an online report detailing sales of Content and corresponding Royalties.
- Payment Currencies. If you change your payment currency, the change will be effective on the first day of the following calendar month (unless we make an earlier period available). If we pay you in a currency other than the Sale Currency, we will convert the Royalties due from the Sale Currency to the payment currency at an exchange rate we determine, which will be inclusive of all fees and charges for the conversion.
- Payment Policies. We may require you to provide certain information or to register a valid bank account in your FAP account to receive Royalty payments, in which case we will not be obligated to make Royalty payments to you unless you do so. We may establish other payment policies from time to time, such as minimum payment amounts for different payment methods and check fees.
- Payment Disputes. You may not bring a suit or other legal proceeding against us regarding any statement unless you bring it within six months after the date the statement is available. Any such proceeding will be limited to a determination of the amount of monies, if any, payable by us to you for the accounting periods in question, and your sole remedy will be the recovery of those monies with no interest.
- Offsets, etc. We can withhold Royalties and Assignment Fees and offset them against future payments as indicated below. Our exercise of these rights does not limit other rights we may have to withhold or offset Royalties or exercise other remedies.
- If we pay you a Royalty or an Assignment Fee on a sale and later issue a refund, return, or credit for that sale, we may offset the amount of the Royalty previously paid for the sale against future Royalties, or require you to remit that amount to us.
- If a third party asserts that you did not have all rights required to make one of your Content available through the Program, we may hold all Royalties and Assignment Fees due to you until we reasonably determine the validity of the third-party claim. If we determine that you did not have all of those rights or that you have otherwise breached your representations and warranties or our Program Policies for content with regard to a Content, we will not owe you Royalties or Assignment Fees for that Content and we may offset any of those Royalties and Assignment Fees that were previously paid against future Royalties or Assignment Fees, or require you to remit them to us.
- Upon termination of this Agreement, we may withhold all Royalties and Assignment Fees due for a period of three (3) months from the date they would otherwise be payable to ensure our ability to off-set any refunds or other offsets we are entitled to take against the Royalties and Assignment Fees.
- If we terminate this Agreement because you have breached your representations and warranties or our Program Policies for content, you forfeit all Royalties and Assignment Fees not yet paid to you. If after we have terminated your account you open a new account without our express permission, we will not owe you any Royalties or Assignment Fees through the new account.
- If we determine in our sole discretion that deceptive, fraudulent, or illegal activity has occurred with respect to your Content or your FAP account, then we may permanently withhold payments to you, and we may offset any payments previously paid against future payments or require you to remit them to us. We will use these funds to offset the costs of FTK’s enforcement efforts and/or to compensate third parties harmed by deceptive, fraudulent, or illegal conduct.
- Taxes. The FrandAvenue parties (or their affiliates) are responsible for collecting and remitting any and all taxes imposed on their respective sales of Content to customers. You are responsible for any income or other taxes due and payable resulting from payments to you by a FrandAvenue party under this Agreement. Accordingly, unless otherwise stated, the amounts due to you hereunder are inclusive of any taxes that may apply to such payments. The FrandAvenue parties maintain the right, however, to deduct or withhold any and all applicable taxes from amounts due by them to you, and the amounts due, as reduced by those deductions or withholdings, will constitute full payment and settlement to you.
- Grant of Rights and Assignment of Ownership.
- Grant of Rights. You grant to each FrandAvenue party, throughout the term of this Agreement, a nonexclusive, irrevocable, right and license to reproduce (on-demand and in anticipation of customer demand) and distribute Content, directly and through third-party distributors, in all formats we choose to make available through FAP by all distribution means available. This right includes, without limitation, the right to: (a) reproduce, index and store Content on one or more computer facilities, and reformat, convert and encode Content; (b) display, market, transmit, distribute, sell, license and otherwise make available all or any portion of Content through FTK Properties (as defined below), for customers and prospective customers to download, access, copy and paste, print, annotate and/or view online and offline, including on portable devices; (c) permit customers to "store" Digital Content that they have purchased from us on servers ("Virtual Storage") and to access and re-download such Digital Content from Virtual Storage from time to time both during and after the term of this Agreement; (d) display and distribute portions of Content, in each case solely for the purposes of marketing, soliciting and selling Content and related FTK offerings; (e) use, reproduce, adapt, modify, and distribute, as we determine appropriate, in our sole discretion, any metadata and product description, information or images that you make available in connection with Content; and (f) transmit, reproduce and otherwise use (or cause the reformatting, transmission, reproduction, and/or other use) of Content as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g., caching to enable display). In addition, you agree that we may permit our affiliates and independent contractors, and our affiliates' independent contractors, to exercise the rights that you grant to us in this Agreement. "FTK Properties" means any web site, application or online point of presence, on any platform, that is owned or operated by or under license by FTK or co-branded with FTK, and any web site, application, device or online point of presence through which any FTK Properties or products available for sale on them are syndicated, offered, merchandised, advertised or described. You grant us the rights set forth in this Section 5.6.1 on a worldwide basis.
- Assignment of Ownership in STO Content. Publisher irrevocably transfers and assigns to FTK all right, title and interest in, to and under all STO Content ordered by a FrandAvenue party. At FTK’s request, Publisher agrees to perform any and all further actions and execute any additional documents that FTK may deem necessary or desirable to evidence, protect or confirm FTK or its designee’s ownership interest in, to and under the STO Content, including making further written assignments in a form determined by FTK. Any STO Content shall be provided according to a separate written order, through an email exchange or pursuant to the STO process described on FAP. You grant us the rights set forth in this Section 5.6.2 on a worldwide basis.
- DRM Technology. We may, but are not obligated to, provide you the option to apply DRM technology in connection with the distribution of your Digital Content. If we provide you the option to apply DRM technology, you acknowledge that we make no representations as to the efficacy of the DRM and will not be responsible for any failure of the DRM.
- Rights Clearances and Rights Dispute Resolution. You will obtain and pay for any and all necessary clearances and licenses for the Content to permit our exercise of the rights granted under this Agreement without any further payment obligation by us, including, without limitation, all royalties and other income due to any copyright owner.
- Representations, Warranties and Indemnities. You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement; (b) prior to you or your designee's delivery of any content, you will have obtained all rights that are necessary for the exercise of the rights granted under this Agreement; (c) neither the exercise of the rights authorized under this Agreement nor any materials embodied in the Content nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction; (d) you will ensure that all Content delivered under the Program comply with the technical delivery specifications provided by us; (e) you will be solely responsible for accounting and paying any co-owners or co-administrators of any Content or portion thereof any royalties with respect to the uses of the Content and their respective shares, if any, of any monies payable under this Agreement; and (f) you will not attempt to exploit the FAP service or any other FTK program or service. To the fullest extent permitted by applicable law, you will indemnify, defend and hold FTK, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys' fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing.
- Ownership and Control of FTK Properties and Customer Data/ Feedback.
Subject to the authorizations you grant to us under this Agreement, as between us and you, you retain all ownership rights in and to the copyrights and all other rights and interest in and to your OTS Content. We retain all ownership rights in and to the copyrights and all other rights and interests in and to the Program, the FTK Properties, the STO Content and any materials we use or provide to you for use relating to your Content (such as the template for claim charts, the rating tool, a generic cover image used for your Content, etc..). We retain sole ownership and control of all data obtained from customers and prospective customers in connection with the Program. We are solely responsible for, and will have full discretion with respect to the terms, features, and operation of the Program and the FTK Properties and related marketing, but our use of the Content will be subject to the terms of this Agreement. If you elect to provide suggestions, ideas, or other feedback to FTK or any of its affiliates in connection with the FTK Properties or the Program ("Feedback"), FTK and its affiliates will be free to use and exploit the same in any manner without restriction and without any need to compensate you. This Agreement does not grant you any license or other rights to any intellectual property or technology owned or operated by us or any of our affiliates, including, without limitation, any trademarks or trade names. Nothing in this Agreement restricts any rights we may have under applicable law or a separate permission.
You will not, without our express, prior written permission: (a) issue any press release or make any other public disclosures regarding this Agreement or its terms; (b) disclose FTK Confidential Information (as defined below) to any third party or to any employee other than an employee who needs to know the information; or (c) use FTK Confidential Information for any purpose other than the performance of this Agreement. You may however disclose FTK Confidential Information as required to comply with applicable law, provided you: (i) give us prior written notice sufficient to allow us to seek a protective order or other appropriate remedy; (ii) disclose only that FTK Confidential Information as is required by applicable law; and (iii) use reasonable efforts to obtain confidential treatment for any FTK Confidential Information so disclosed. "FTK Confidential Information" means (1) any information regarding FTK, its affiliates, and their businesses, including, without limitation, information relating to our technology, customers, business plans, promotional and marketing activities, finances and other business affairs, (2) the nature, content and existence of any communications between you and us, and (3) any sales data relating to the sale of Content or other information we provide or make available to you in connection with the Program. FTK Confidential Information does not include information that (A) is or becomes publicly available without breach of this Agreement, (B) you can show by documentation to have been known to you at the time you receive it from us, (C) you receive from a third-party who did not acquire or disclose such information by a wrongful or tortious act, or (D) you can show by documentation that you have independently developed without reference to any FTK Confidential Information. Without limiting the survivability of any other provision of this Agreement, this Section 7 will survive three (3) years following the termination of this Agreement.
- Limitation of Liability.
THE PROGRAM IS PROVIDED "AS IS." WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES DUE AND PAYABLE BY FTK UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. PUBLISHER ACKNOWLEDGES AND AGREES THAT FTK CANNOT ENSURE THAT CONTENTS SUBMITTED BY OR ON BEHALF OF PUBLISHER WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES FTK MAY MAKE APPLICABLE IN CONNECTION WITH USE OF CONTENTS, AND FTK WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES. FAP RELIES ON COMPLEX SYSTEMS AND PROCESSES. WE STRIVE TO MAKE OUR SYSTEMS AND PROCESSES ERROR-FREE AND EFFICIENT, BUT WE CANNOT GUARANTEE THAT THEY WILL BE, AND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES.
- Force Majeure.
FTK will not be liable to you for any failure or delay in the performance of its obligations under this Agreement caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.
- General Legal Provisions.
- Disputes. Any dispute or claim relating in any way to this Agreement or FAP shall be submitted to the exclusive jurisdiction of the commercial courts in Paris, France.
- Applicable Law. The laws of France govern this Agreement and any dispute of any sort that might arise between you and FTK relating to this Agreement or the Program.
- Other Legal provisions. This Agreement may not be amended, except in writing signed by both parties or as provided in Section 2 above. If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The parties to this Agreement are independent contractors. Each party will bear its own costs and expenses in performing this Agreement. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party's rights to subsequently enforce the provision. Any FTK affiliate may join as a party to this Agreement and will notify you if it does. The joining FTK affiliate will be entitled to exercise the rights you grant under this Agreement. Each FrandAvenue party is severally liable for its own obligations under this Agreement and is not jointly liable for the obligations of other FTK parties. Neither party may assign any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other, except that (a) FTK may assign any of its rights and obligations under this Agreement without consent and (b) you may assign all of your rights and obligations under this Agreement to any corporation or other entity without consent in connection with the sale of all or substantially all of your assets, but you must give FTK written notice of the assignment no later than ten (10) business days following the assignment. Subject to the foregoing limitation, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not confer upon any other person other than the parties any rights or remedies. You consent to the use of electronic means to complete this Agreement and to provide you with any notices we give you in relation to this Agreement. To be effective, any notice given by a party under this Agreement must be in writing and delivered (i) if by a FrandAvenue party, via email, via a posting on the Program website or via a message through your Program account, or (ii) if by you to FTK, via email to email@example.com with a copy to FrandAvenue support on the Program website. Notices will be effective and deemed received on the date transmitted or posted.
FrandAvenue Publishing Program Policies for Content
- Content Requirements
- Content categories:
A. Claim Charts (CC)
B. Prior Art Envelope (PAE)
A. Templates for CC:
I. Independent claims
Method / Device
Implementation level (Network / Terminal / Mix)
Pdf or Word doc.x
III. Size limit:
5mb / file
IV. Logical elements
V. Scoring rules:
Per logical element
Overall (claim level + patent level)
B. Templates for PAE: TBD
- Quality Control (QC):
FTK controls the formatting and whether your Content meets professional standards.
- Formatting QC:
FTK provides you with templates which can be found in your FAP account. FTK will check whether you have complied with the formatting provided in the templates.
If there is any issue with the formatting, FTK will hold the validation of your Content and contact you on the email address you have provided in your FAP account. This will be referred as Formatting QC Email 1. FTK will list the modifications necessary to pass the formatting QC and you will be invited to re-submit your amended Content. Provided that your amended Content meets FTK formatting QC, we will proceed to professional standards QC.
If your amended Content does not pass FTK formatting QC, you will be invited again by email to modify your Content. This will be referred as Formatting QC Email 2. The QC process will be applied until your Content passes FTK formatting QC. An incremental penalty fee of € 20 will be applied from Formatting QC Email 2, for each QC beyond QC 1.
- Professional Standards QC:
FTK checks for the following elements regarding professional standards:
- Clear mapping of claim elements with the Technical Specification disclosure.
- Self-explanatory comments.
If any of these two qualitative criteria are not met, FTK will hold the validation for publication of your Content and contact you on the email address you have provided in your FAP account. This will be referred as Professional Standards QC Email 1. FTK will list the modifications necessary to pass the meet professional standards QC and you will be invited to re-submit your amended Content. Provided that your amended Content meets FTK professional standards QC, we will publish your Content on your FAP account.
If your amended Content does not pass FTK professional standard QC, you will be invited again by email to modify your Content. This will be referred to as Professional Standards QC Email 2. The QC process will be applied until your Content passes FTK professional standard QC. An incremental penalty fee of €20 will be applied from Professional Standards QC Email 2, for each QC beyond QC 1.
Your Content shall only be validated for publication on your FAP account by FTK once you have passed both formatting and professional standard quality checks.
FTK may, for the purpose of the QC, take out of a large number of Content a random sample of it. If more than 5% of the sample does not pass the quality check, the selected batch of Content shall be rejected.
- Content allocation procedures
- Off The Shelf (OTS)
||Claim Chart Batches
||Prior Art Envelope
1st Batch: (3 months after on boarding)
||Claim Chart Batches
||Prior Art Envelope
Following Batches: (quarterly)
||Claim Chart Batches
||Prior Art Envelope
- Bulk Booking
On signing the agreement and at the beginning of each quarter, Publisher provides the list of Content it intends to deliver in the next 4 batches.
FrandAvenue to confirm within 6 working days and highlight potential duplicates with replacement suggestions.
Publisher to confirm within 6 working days the content of the batch to be delivered at the end of the quarter.
- Service To Order (STO)
FrandAvenue may place orders with Publishers for Content, identifying the patents for which a claim chart or a prior art review is requested.
Leadtime for Delivery:
||Claim Chart Batches
||Prior Art Envelope
Publishers commit on a delivery date for the batch they agree to deliver.
- List Price
- Claim Charts
- Customer Price
- Listing fee:
A one-time listing fee of €10 shall be paid by the Publisher to FrandAvenue for each Claim Chart listing.
FrandAvenue will issue the invoice at the time a first order is placed by any Customer for and offset its payment on the price it will pay to you
- Technical fee
A one-time technical fee of €10 is charged per Claim Chart listing.
- Transaction fee
A transaction fee is applied on the Customer price:
- STO / OTS pricing
The structure and the level of fees are the same for OTS and STO claim charts, except that for STO claim charts, Publisher receives an Assignment Fee in lieu of a Royalty and for the first sale only.
- Prior Art Envelopes (TBD)