SWIFF's Terms
and Conditions of Prime Video Distribution
and Conditions of Prime Video Distribution
By distributing your film on Amazon Prime Video, you understand that it is your responsibility to promote your film so that viewers watch it on Amazon Prime Video.
The Student World Impact Film Festival (SWIFF) is a film festival providing unique opportunities to filmmakers, including distribution on Amazon Prime Video. The Student World Impact Film Festival (SWIFF) is a program of THE LIGHTHOUSE INITIATIVE INC, a 501(c)(3) nonprofit organization incorporated in Delaware, USA, and which is referred to as "TLI" or "us" or "we" in this agreement. TLI is a distribution partner of Amazon Prime Video. TLI publishes films on Prime Video in an agreement with Amazon Prime Video. For TLI to send your film to Amazon, we will need:
Click here to view the distribution agreement that TLI signed with Amazon Prime Video for distribution of films on Prime Video. Read this agreement carefully to understand the exact terms and details of your film's distribution on Amazon Prime Video. By signing your agreement with TLI, you agree to be bound by the terms of Amazon Prime Video in the above-linked agreement.
You will indemnify, defend and hold harmless THE LIGHTHOUSE INITIATIVE INC., its officers, directors, employees, affiliates, subcontractors, successors and assignees, from and against any and all individual and/or third-party claims, actions, causes of action, demands, judgments, liabilities, damages, losses, injuries, costs and expenses (including, without limitation, reasonable attorneys’ fees and court costs) (individually, a “Claim”, and collectively, the “Claims”) brought against THE LIGHTHOUSE INITIATIVE INC. that arise from or relate to: (a) any breach or alleged breach by you of any of your representations, warranties or obligations set forth herein, including any failure to deliver closed captions, audio descriptions or ratings information for any Titles in compliance with applicable law; (b) THE LIGHTHOUSE INITIATIVE's exercise of the rights granted by you under this Agreement, including, without limitation, that such exercise violates any law or regulation or the right(s) of any third party; or (c) the Licensed Content, where used in accordance with the terms of this Agreement. You will not consent to the entry of a judgment or settle a Claim without our prior written consent, which may not be unreasonably withheld. You will use counsel reasonably satisfactory to us to defend each Claim. If we reasonably determine that a Claim might adversely affect us, we may take control of the defense at our expense (and without limiting your indemnification obligations).
THE LIGHTHOUSE INITIATIVE INC. WILL NOT BE LIABLE TO YOU (AND/OR ANY AFFILIATES) FOR ANY LOST PROFITS OR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, EVEN IF THE LIGHTHOUSE INITIATIVE INC. HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIGHTHOUSE INITIATIVE INC. WILL NOT BE LIABLE TO YOU (AND/OR ANY AFFILIATE) FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR OTHER THEORY) OR OTHERWISE, FOR AN AGGREGATE AMOUNT IN EXCESS OF THE AMOUNT OF FEES DUE AND PAYABLE BY THE LIGHTHOUSE INITIATIVE INC. UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM. NOTWITHSTANDING THE FOREGOING, THIS SECTION WILL NOT BE DEEMED TO WAIVE ANY OF YOUR (AND/OR ANY AFFILIATE'S) RIGHTS AT LAW OR IN EQUITY TO ENFORCE THIS AGREEMENT WITH RESPECT TO UNDISPUTED LICENSE FEE PAYMENTS DUE TO YOU (AND/OR ANY AFFILIATE) BY THE LIGHTHOUSE INITIATIVE INC HEREUNDER. THE SERVICE IS MADE AVAILABLE BY AMAZON PRIME VIDEO ON AN AS IS BASIS AND THE LIGHTHOUSE INITIATIVE INC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SERVICE BY AMAZON PRIME VIDEO, INCLUDING WITHOUT LIMITATION, (I) THAT THE SERVICE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, OR OPERATE WITHOUT ERROR OR (II) AS TO THE VOLUME OF SALES OR LICENSE FEES THAT WILL BE GENERATED BY LICENSED CONTENT ON THE SERVICE. TO THE EXTENT REQUIRED BY LAW IN THE RELEVANT JURISDICTION OF THE PARTIES, THE PARTIES DO NOT EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY, FRAUDULENT MISREPRESENTATION OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY SUCH APPLICABLE LAW.
You will not, without our express, prior written permission: (a) issue any press release, media pitch or make any other public disclosures regarding this Agreement or its terms; (b) disclose TLI 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 TLI Confidential Information for any purpose other than the performance of this Agreement. You may however disclose TLI Confidential Information as required to comply with applicable law. “TLI Confidential Information” means (1) any information regarding TLI, 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 digital videos or other information we provide or make available to you in connection with this Agreement. TLI 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 TLI Confidential Information. Without limiting the survivability of any other provision of this Agreement, this Section will survive three years following the termination of this Agreement.