What is exclusivity / PRO Host?
As an PRO Host on Filmplace, you have the choice to offer your listing on an exclusive or non-exclusive basis with Filmplace. If you choose to offer your listings on an exclusive basis, then you’ll benefit from lower host fees, but this means you cannot transact, list, or even allow free usage of your listings (or any related listings) outside of Filmplace. This includes on your own website.
Do all of my listings need to be exclusive?
Exclusivity is set at the account level and is opt-in. While exclusivity applies to your account, it only applies to the listings (and related listings) you transact via that account. In other words, being an exclusive host with us doesn’t mean that everything you do needs to be exclusive to Filmplace. It’s the listings for filming, not you as a host, that are exclusive to Filmplace.
If you would like to make some of your listings available on an exclusive basis, and others available on a non-exclusive basis, then you can create two accounts - one exclusive account and one non-exclusive account.
You can change the exclusivity status of an account at any time, but when opting out you will need to wait 30 days until the change takes effect. At the end of the 30 day period (from the day on which you change your account status), you will be free to offer the listings in that account outside of Filmplace and the host fee you pay to Filmplace will change to the non-exclusive rate. Opting into exclusivity takes effect immediately. Additionally, you will only be given an opportunity to join us as PRO Host (Exclusivity), upon opting out, you will no longer be able to join us as PRO Host ever again (This eligibility will be tagged to your ID/Company).
Checks will be conducted by our inbuilt AI and team to make sure non of our PRO Host breech the agreement.
Does exclusivity extend to related listings?
Yes. If you choose to make a listing available on an exclusive basis, then any listings you create in the Same Location must also be transacted exclusively on Filmplace. A same location is two or more listings that appear to filmmakers to be related, usually at the same address.
Filmplace reserves the right to determine whether two listings fall within the same location. The primary test we apply is: would a reasonable filmmaker conclude that the listings are related?
Exclusivity of listings within the same location also applies even if we don’t currently support/allow the submission of the related listing on Filmplace. For example, even though we don’t currently allow a certain location listed on Filmplace, this does not permit you to instead offer this location of your exclusivity outside of Filmplace. Read on for some additional clarifications and a few special exceptions.
Are there any exceptions to exclusivity for listings that belong to the same Location?
Yes, there are several key exceptions to exclusivity for listings from the same location.
1. Filmplace hosts are permitted to offer usage of their listings which is outside of Media Scope both on Filmplace and/or their own personal website only.
2. Media Scope may consist of the following activities but not limited to:
3. If the core listing itself is offered solely outside of Filmplace (either by the host or a third party), Filmplace hosts may still offer add-ons for it exclusively via Filmplace, even if they would otherwise be considered part of a same Location.
4. If Filmplace does not currently support a listing category for a specific platform, Filmplace hosts are permitted to offer multi-platform ports of their own exclusive listings for that platform on their own personal website only, provided the host notifies us (so we can look into supporting the platform) and those listings must be offered exclusively on Filmplace once the listing category exists or the platform otherwise becomes supported on Filmplace.
Apart from these key exceptions, there are no other circumstances in which you can make your exclusive listings (or related listings) available outside of Filmplace without breaching this exclusivity policy.
What about similar listings that are not presented to filmmakers as being related?
If a host’s listing is sufficiently different to their existing exclusive listings for it to be accepted on Filmplace as a separate listing, then you can offer it elsewhere as long as it’s not presented to filmmakers as being related to the exclusive listing (see the section above on related listings).
However, if the host’s listing is determined by Filmplace staff as being ‘too similar’ to their existing exclusive listings and is not acceptable as a separate listing, then you are not permitted to offer it elsewhere, even if it’s not presented to filmmakers as being related to the exclusive listing. This applies to rejected related listings as well.
In determining whether listings are ‘too similar’, Filmplace staff will look at a number of comparison factors between the two listings, including but not limited to differences in features, functionality, design and utility, and make a call based on their reasonably held opinion as content specialists.
What about services?
You’re free to offer publicly available services and productized services in relation to your exclusive listings outside of Filmplace, provided that the services do not result in transactional value of those listings or an effective substitution.
Providing services outside of the Media Scope or other publically available services not related to your exclusive listings is acceptable.
What about my own projects or freelance work?
You may make use of your own exclusive listings in connection with your own personal projects or general freelance activities, without requiring the approval from Filmplace, provided the projects or activities are not directly related to the listing or part of a publicly available service as prohibited above.
For example, you can use your own listing to help create a promotional video for a client or personal project.
Remember, you are not permitted to transact and book your own listings on Filmplace (exclusive or not) under our Host Terms as a precaution against fraudulent or disreputable conduct.
Does exclusivity extend to products and services offered by third parties (including other hosts)?
If you choose to make your listings available on an exclusive basis, then you are not permitted to have any involvement with any person or business that offers any products or services that, if offered by you, would breach this listing exclusivity policy (and in this context, ‘involvement’ includes as an owner, partner or party to any arrangement that directly or indirectly transact/accept the offering of those listings).
This means, for example:
· If you are a host of a café listed exclusively on Filmplace, you should not allow an external vendor to help you get bookings which you outside Filmplace, nor should you allow another Filmplace non-exclusive host to book/transact outside of Filmplace (even if they also sell it on Filmplace non-exclusively).
What happens if I breach exclusivity?
This depends on the nature and extent of the breach. We may:
· Require you to change the status of your account to non-exclusive or make this change on your behalf. When your account status changes to non-exclusive, the host fee you pay for use of our platform and services will increase the non-exclusive fee. You can see more about this in the Filmplace Host Fee. We may also increase the host fee you pay to the non-exclusive fee during the interim period from the time we become aware of the breach until the account status change is effective.
· Or, disable your account if your breach is considered serious enough. This ban will be lifetime and will be tagged with your ID/Company Name, hence creating a new account with us will not allow you to stay on our platform.