DAILYMOTION ENTERPRISE SOLUTION FREE TRIAL AGREEMENT

THIS DAILYMOTION ENTERPRISE SOLUTION FREE TRIAL AGREEMENT (“AGREEMENT”) IS GOVERNED BY FRENCH LAW AND SHALL APPLY TO THE USE OF DAILYMOTION’S ENTERPRISE SOLUTION AND ANY RELATED FEATURES. BY NAVIGATING ON THE DAILYMOTION PROPERTIES OR USING THE ENTERPRISE SOLUTION, AS AN INDIVIDUALOR AN ORGANIZATION, YOU SHALL BE CONSIDERED AS HAVING FULLY AND EXPRESSLY ACCEPTED ALL SPECIFIC AND GENERAL TERMS AND ANY CONDITIONS, POLICIES AND NOTICES AND MORE GENERALLY, ANY NOTIFICATIONS AVAILABLE ON THE DAILYMOTION PROPERTIES, INCLUDING IN PARTICULAR, BUT NOT LIMITED TO DAILYMOTION’S PRIVACY POLICY, TERMS OF USE, AND COOKIE POLICY (TOGETHER THE “DAILYMOTION POLICIES”). IF YOU NAVIGATE ON THE DAILYMOTION PROPERTIES OR USE THE DAILYMOTION PROPERTIES AS A LEGAL ENTITY, YOU WARRANT TO DAILYMOTION THAT YOU HAVE ALL RIGHTS, AUTHORIZATIONS OR POWERS NECESSARY TO AGREE TO THIS AGREEMENT FOR THE COMPANY, ASSOCIATION, PARTNERSHIP OR ANY LEGAL ENTITY ON BEHALF OF WHICH YOU ARE NAVIGATING ON THE DAILYMOTION PROPERTIES OR USING THE ENTERPRISE SOLUTION AND/OR ON BEHALF OF WHICH YOU ARE CREATING AN ACCOUNT UNDER THE CONDITIONS SET FORTH HEREUNDER. IN SUCH EVENT, BY NAVIGATING ON THE DAILYMOTION PROPERTIES OR USING THE ENTERPRISE SOLUTION, YOU SHALL BE CONSIDERED AS HAVING FULLY AND EXPRESSLY ACCEPTED THIS AGREEMENT AND ANY DAILYMOTION POLICIES ON BEHALF OF SUCH LEGAL ENTITY.

This Agreement forms a legally binding agreement between you (“Customer”, “you” or “your”) and Dailymotion SA (“DAILYMOTION”, “we”, “us”, or “our”) in relation to your use of the DAILYMOTION Service. Any reference to “DAILYMOTION” in this Agreement refers to “Dailymotion SA” located at 50, rue Camille Desmoulins 92130 Issy-les-Moulineaux France.

This Agreement consists of the Order Form (to which Exhibit A: Subscription Level Exhibit, and Exhibit B: Support Exhibit are attached), the Master Services Agreement, and the Service Level Agreement, and is made as of the date of acceptance of this Agreement online.

In the event of any inconsistency between the Order Form,the Master Services Agreement, the Service Level Agreement, the terms shall prevail in the following order of priority: (i) the Order Form; the Master Services Agreement; the Service Level Agreement.

Any term not defined herein shall have the definition associated to it in the Master Services Agreement.

Dailymotion and Customer may hereinafter be referred to, individually as a “Party” and collectively as the “Parties”.

ORDER FORM

This Dailymotion Enterprise Solution Order Form (the “Order Form”) shall be governed by and incorporated by reference into the terms of the Agreement by and between Dailymotion and the Customer concerning Customer’s use, and Dailymotion’s provision, of the Dailymotion Service as defined herein.

Trial Period Start Date:	Date on which this Agreement is accepted by Customer.
Subscription Level:	Free Trial Subscription – Please refer to Exhibit A for details.
Support Level selected:	Bronze Support For additional information on these Support levels, please refer to Exhibit B.

Special Terms:

Acceptance of the Agreement: The date of Customer’s acceptance of this Agreement online shall be considered the “Effective Date” of this Agreement. Upon the Effective Date, Customer is considered to have agreed and acknowledged all of the terms and conditions corresponding to each of the tools and features of the Dailymotion Enterprise Solution contained herein.
Free Trial Duration & Termination: Customer shall benefit from a free trial of the Dailymotion Enterprise Solution which shall commence on the Trial Period Start Date as specified in the Order Form above and which shall terminate on the earlier of: when terminated as provided herein or when Customer signs a agreement for paid use of the Dailymotion Enterprise Solution (the “Trial Period”).
Fees: During the Trial Period, Customer will not pay or incur any fees (i.e. the Subscription Fee, any Extra Services Fees, or any potential Overage Charges).
Reaching Limits: This Agreement is for an unlimited amount of time until terminated as described herein. However, once Customer reaches any of the limits described in Exhibit A, that feature will then be blocked. By way of example, if Customer reaches Customer’s storage limit, Customer shall not be able to upload any additional videos.
Auto-Renewal: This Agreement shall not automatically renew.
Termination: Dailymotion may terminate the Free Trial Period at any time, with or without prior notice.
Modification of these Terms: Dailymotion may revise the Agreement from time to time and the most current version will always be posted on a dedicated area of the Dailymotion Properties. Customer should review the Agreement on a regular basis.  Amendments to the Agreement will not apply retroactively and will become effective 7 (seven) days after posting.  However, Dailymotion may also in its sole discretion notify Customer of material changes to the Agreement by emailing Customer with the new Agreement to the email address associated with Customer’s Enterprise Solution free trial account. Such specific amendments to new functionality or legal amendments will be effective immediately upon notice. By not terminating its subscription to the Enterprise Solution after amendments become effective, Customer implicitly agrees to be bound by the amended terms. If Customer does not agree to the new terms, the Customer’s only recourse is to terminate its subscription to the Enterprise Solution. THE CUSTOMER’S FAILURE TO TERMINATE ITS SUBSCRIPTION TO THE ENTERPRISE SOLUTION FOLLOWING THE EFFECTIVE DATE OF THE AMENDMENTS TO THE AGREEMENT CONSTITUTES BINDING ACCEPTANCE OF ALL AMENDMENTS.

Legal Terms:

This Order Form is governed by the Dailymotion Enterprise Solution Master Services Agreement available at https://legal.dailymotion.com/en/enterprise-solution-msa and the Service Level Agreement (SLA) available at https://legal.dailymotion.com/en/enterprise-solution-sla.

EXHIBIT A: SUBSCRIPTION LEVEL EXHIBIT

Free Trial Subscription

During the Free Trial Period, Customer shall be entitled to:

25,000 Plays (the “Plays Limit”).

100 GBs of Bandwidth (the “Included Bandwidth”).

50 GBs of Hosting (the “Hosting Limit”)

2400 minutes of Encoding (the “Encoding Limit”)

1 User (the “User Limit”) OR (the “Included Users”).

1 Account: 1 Master Account (the “Account Limit”) OR (the “Included Accounts”).

Customer Support Services: Bronze Support level package, as described in the Exhibit B: Support Exhibit

Service Level Agreement: As set forth on the attached Service Level Agreement.

EXHIBIT B: SUPPORT EXHIBIT

Bronze Support

Availability	Business Hours: Monday – Friday, 9AM – 6PM (Customer’s Local Time Zone) Bronze Support does not include support outside of Business Hours (week-ends & Dailymotion holidays).
Response Time	Critical Issues: within 4 business hoursImportant Issues: within 1 business dayOther Issues: within 1 business day
Definitions	“Critical Issues” are those where Customer experiences critical loss of significant publishing availability specific to a live production player.“Important Issues” are those where the Video Player is operational, but Customer experiences blocking issues regarding expected publishing capabilities specific to a live production player (e.g., relating to uploads, U/I activity, specific players).“Other Issues” are all issues which are not defined as Critical or Important (including general queries).
Support Channel	Email, at any time, during business hours or via web-based submission, at any time.
Number of Named Contacts	All issues must be submitted by registered users of the Dailymotion Enterprise Solution;Customer shall use good faith in identifying the severity of issues submitted to Dailymotion;Email support and submission of Critical Issues is limited to 4 named Company contacts;Customer may assign up to 4 named Company contacts in the Customer HQ;
*Dailymotion Contacts*	Fill in the form https://faq.dailymotion.com/hc/requests