Terms and Conditions
Second Marriage at First Sight (Series 1) – Terms and Conditions
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You must not currently work in the television or film industry, or work/have worked for CPL Productions or any affiliate, or any UK or Australian broadcaster or streaming service, or be a live-in partner or immediate relative (e.g. parent, child or sibling) of an employee of CPL Productions, Channel Four, Endemol Shine or Nine Network.
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You hereby agree not to institute any legal proceedings against CPL Productions and/or Channel 4 or any of their directors, staff, contractors or affiliates for any breach of confidence, infringement of copyright or for any other reason concerning your application.
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If you are selected by CPL Productions to feature in the Programme, you will be notified in writing and you agree to enter into an agreement with CPL Productions on its standard terms which agreement will be sent to you following your selection. CPL Productions’ decision shall be final and CPL Productions will may elect not to enter into any correspondence with any unsuccessful applicant.
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As part of your application to the Programme you are asked to film a short video. We may wish to include a short section of this video in the finished programme to be transmitted in the first instance on Channel Four and used in associated international distribution of the Programme and Programme related publicity. In such event we shall contact you and will ask that you sign a release form, granting CPL rights in the recording free of charge.
If your application is unsuccessful your data will be deleted 18 months from completion of the Programme application process unless otherwise agreed in the Application Form.
Should your application be successful we will retain your information for such period as it is reasonably required for the purposes of CPL Productions’ and Channel 4’s business and as otherwise agreed in the Application Form.
If you continue with your application, your information will be shared within our group of companies and Channel Four. It will not be shared with other third parties or sold to any party.
Please follow the following link to CPL Productions’ Privacy Statement for further information CPL GROUP PRIVACY STATEMENT.pdf
Please confirm you have read, understood and agree to CPL Productions’ Privacy Statement and Channel 4’s Contributor Privacy Policy https://www.channel4.com/4viewers/contributor-policy before we can proceed with your application.
Please confirm that you acknowledge that CPL Productions relies on the truth, accuracy and completeness of the information I provide. Please confirm that all information supplied in this form is true, complete and not misleading, and that you understand that failure to provide accurate information may affect CPL Productions ability to assess your suitability for participation. I further agree that if any circumstances change, or if any new information arises that may be relevant to my participation or suitability, I will promptly notify CPL Productions.
CONFIDENTIALTY AGREEMENT
An AGREEMENT dated the date of this application.
Between
1. CPL PRODUCTIONS LIMITED of 38 Long Acre, London WC2E 9JT (the “Disclosing Party”);
and
2. You, the applicant named on this form (the “Receiving Party” on the other part);
(collectively the “Parties”).
In consideration of the Disclosing Party’s agreement to disclose certain information to the Receiving Party in connection with the Purpose (as defined below), the Parties hereby agree as follows (the “Agreement”):
The following definitions shall apply to this Agreement:
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“Confidential Information”
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shall have the meaning given in clause 1 to this Agreement.
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“Disclosing Party”
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a Party when it discloses its Confidential Information, directly or indirectly, to the other Party.
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“Purpose”
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The Receiving Party’s involvement in the casting and application process for the programme “Second Marriage at First Sight” and further participation in the programme if selected to participate after the casting and application process
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“Receiving Party”
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a Party when it receives Confidential Information, directly or indirectly, from the other Party.
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Confidential Information
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For the purposes of this Agreement “Confidential Information” means:
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all information (whether oral or written or in electronic form) which is by its nature confidential and/or which the Disclosing Party states is confidential and is acquired by the Receiving Party as a result of entering into any discussion and/or being provided with any documents or information in any form by or relating to the Disclosing Party or its agents, employees, directors or professional advisers which relates to the affairs or business of the Disclosing Party, or its creative concepts, products, operations, plans or know-how; and
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without limiting the generality of the foregoing, Confidential Information specifically includes without limitation any material which identifies or concerns the Disclosing Party’s business plans, sales plans, marketing plans, future development plans, promotional information, credit information, software, hardware, routines, report formats, data, designs and design concepts, creative concepts (including but not limited to programme formats and developments), copyrights, patents, memorandum, reports, rate cards and pricing, correspondence, drawings, photographs, specifications, know-how, operational methods, processes, strategies, trade secrets, technical information, commercial information, details of contracts, the identity of business partners and/or of past and present clients, and other information of a similar nature of or relating to the Disclosing Party, its business, clients, partners, owners, and suppliers or financial information.
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Confidentiality
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Without time limit, the Receiving Party will treat all Confidential Information as strictly private and confidential and:
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will store the Confidential Information separately and distinctly from its own and third party property and take all proper steps to maintain confidentiality and compliance with applicable data protection legislation and to prevent the Confidential Information’s use, theft or disclosure in a manner no less secure than the Receiving Party safeguards its own Confidential Information of the same or similar nature and will inform the Disclosing Party in detail of all steps which will be taken on request;
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will not itself make use of nor permit others to make use of, any Confidential Information for a purpose other than the Purpose;
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will not itself, nor permit other to, copy, exploit, reproduce or store the Confidential Information other than as approved or requested so to do by the Disclosing Party; and
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will not disclose nor permit other to disclose Confidential Information to any person (other than in accordance with clauses 2.3 and 2.4), whether to procure a commercial advantage over the Disclosing Party or for any reason.
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The Receiving Party will not make any statement or announcement to any authors, content creators, publishers, customers, representatives of the press or media (in the widest possible understanding of those terms including but not limited to newspapers, television or online broadcasters, production companies, news websites, social media or video platforms), competitors or any third parties about this Agreement, the arrangement between the Parties that is the subject of this Agreement, the Purpose and any other arrangements which may be confidential between the parties now or in the future without the Disclosing Party’s prior written consent which may be withheld in its complete discretion. For the avoidance of doubt and without limitation to the generality of the above, the Receiving Party will not disseminate Confidential Information by way of social media channels such as, without limitation, X (formerly known as Twitter) or Facebook.
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The Receiving Party may, having first informed the Disclosing Party in writing of its intention to do so, and thereafter, unless otherwise required by law, only after a further 10 working days have elapsed in which the Disclosing Party may object or take other action, disclose Confidential Information where such disclosure would otherwise be prohibited by this clause if and to the extent:
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such disclosure is required by law; or
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it can be evidenced by the Receiving Party to the Disclosing Party’s satisfaction that the Confidential Information was known by the Receiving Party before disclosure to it by the Disclosing Party; or
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it can be evidenced by the Receiving Party to the Disclosing Party’s satisfaction that the Confidential Information has been subsequently lawfully disclosed to the Receiving Party by a third party who did not impose any restrictions on its disclosure and did not obtain the Confidential Information (whether directly or indirectly) from the Disclosing Party; or
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the Confidential Information was or has subsequently fallen into the public domain other than by reason of a breach of this Agreement by the Receiving Party; or
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it can be evidenced by the Receiving Party that the Confidential Information was independently developed by the Receiving Party without reference to the Disclosing Party’s Confidential Information; or
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the parties agree in writing that specific information is not confidential.
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Upon written request from the Disclosing Party the Receiving Party will promptly:
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return to the Disclosing Party all Confidential Information, any materials containing or referring to any of the Confidential Information, and records kept in relation to the Confidential Information and the discussions between the Parties that are the subject of this Agreement; or, if requested by the Disclosing Party
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destroy all the materials referred to in clause 2.5.1 and provide the Disclosing Party with written confirmation of destruction or deletion.
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Warranties and Indemnity
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Confidential Information is disclosed hereunder on an ‘as is’ basis and the Disclosing Party makes no warranty as to the accuracy or completeness of the Confidential Information disclosed to the Receiving Party hereunder and any implied warranties or representations are hereby expressly excluded. Accordingly, the Receiving Party accepts full responsibility for its use of the Confidential Information.
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Each Party warrants that it has the legal capacity and it has the power and authority to enter into the Agreement and is able to grant the rights granted herein.
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The Receiving Party hereby indemnifies and agrees to keep the Disclosing Party at all times fully indemnified from and against any loss or disclosure of Confidential Information and from and against all actions, proceedings, claims, demands, costs, awards and damages however arising as a result of any breach or non-performance of any of the warranties undertakings or obligations of the Receiving Party under this agreement.
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General
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The disclosure of the Confidential Information does not create an obligation on each Party to enter into further possible relationships or contractual agreements with the other Party.
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The Confidential Information is and shall at all times remain the sole and exclusive property of the Disclosing Party. No right or licence is granted to the Receiving Party in relation to any Confidential Information except as expressly set out in this Agreement.
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This Agreement shall remain in full force and effect notwithstanding the termination of the arrangement that is the reason for the sharing of Confidential Information between the Parties and that is the subject of this Agreement.
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Without prejudice to any other rights or remedies that the Disclosing Party may have, the Receiving Party acknowledges and agrees that monetary damages alone would not be an adequate remedy for any breach by it of this Agreement. Accordingly, the Disclosing Party shall be entitled without proof of special damage to the remedies of injunction or equitable relief for any threatened or actual breach by the Receiving Party of any of the provisions of this Agreement.
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If any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction:
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the legality, validity and enforceability in that jurisdiction of the remaining provisions of the Agreement shall be unaffected; and
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the legality, validity and enforceability in any other jurisdiction of that or any other provisions of this Agreement shall be unaffected.
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A failure to exercise or a delay in exercising any right, remedy or power provided under this Agreement or by law does not constitute a waiver of the right, remedy or power or a waiver of any other right, remedy or power. No single or partial exercise of any right, remedy or power prevents any further exercise of it or the exercise of any other right, remedy or power.
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This Agreement is entered into without prejudice to any rights the Disclosing Party may have in relation to the Confidential Information at law.
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Nothing contained in this Agreement shall authorise either Party as the legal representative of the other Party for any purpose whatsoever and neither Party is granted hereunder any right or authority to assume or create any obligation or responsibility express or implied on behalf of or in the name of the other Party nor to bind the other Party in any manner or way whatsoever.
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This Agreement constitutes the entire agreement between Parties and supersedes all prior discussions and negotiations in respect of the use of the Confidential Information.
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In this Agreement, unless otherwise specified, references to any statute or statutory provision are to that statute or statutory provision as from time to time amended extended or re-enacted whether before or after the date of this Agreement and any subordinate legislation made under it whether before or after the date of this Agreement.
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The headings in this Agreement are for guidance only and shall not affect its interpretation.
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This Agreement shall be governed by and construed in accordance with English law and the English courts shall have exclusive jurisdiction over any suit, action, proceedings or dispute arising out of or in connection with this Agreement.
ISSUED AND AGREED BY CPL PRODUCTONS LIMITED
Please confirm you have read, understand and accept the terms of the above confidentiality agreement by ticking the box below where indicated.
I UNDERSTAND, ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS CONFIDENTIALITY AGREEMENT: