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Author Topic: IS Canister Grandfathering Requires Exclusivity Commitment  (Read 17619 times)

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« on: January 03, 2010, 11:51 »
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I was unclear as to the requirements for being eligible for canister grandfathering at IS. They said that if you contacted them, arrangements could be made to allow that, but there weren't many details. This has to be done by Jan. 11. I did not know if that meant we only needed to express intent to go exclusive, or actually commit by Jan. 11.

Here is what the email says when you inquire about the canister grandfathering:

Thank you for your interest in iStockphotos exclusivity program. As you have identified that you are previously committed to another agency that currently prevents you from entering iStockphotos exclusivity agreement, we have sent you the attached form which we will require by January 11 to grandfather your canister level once you are exclusive.

Along with this document, we will require that you attach documentation as evidence showing that the request to remove the content has been made. This can be a screenshot or an email showing that you have completed this process. Please note, all obligations with different agencies must be met prior to August 1, 2009.

Once you have fulfilled your obligations with other agencies, you may go through the regular method of applying for exclusivity on our site (exclusivity requirements must be met), however we will have your documentation so your download numbers will be recognized for what canister level you would be at prior to our changes. Please let us know if you have any additional questions.

Sincerely,
Contributor Relations
iStockphoto LP


So in order to get the canister grandfathering, you must make an exclusivity commitment by Jan. 11 and submit signed documentation.


« Reply #1 on: January 03, 2010, 11:58 »
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I'm not interested in going exclusive but even if I was, I couldn't comply with this line without going back in time.  Perhaps this was just for those that were already going through the exclusive procedure?

Quote
Please note, all obligations with different agencies must be met prior to August 1, 2009.

« Reply #2 on: January 03, 2010, 12:12 »
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... all obligations with different agencies must be met prior to August 1, 2009.

Don't they mean: prior to August, 2010?

« Reply #3 on: January 03, 2010, 14:47 »
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... Along with this document, we will require that you attach documentation as evidence showing that the request to remove the content has been made. This can be a screenshot or an email showing that you have completed this process. Please note, all obligations with different agencies must be met prior to August 1, 2009

And i wonder... what about those accounts which can be closed at any time (like SS)?  Must you show documentation by Jan 11 that you have requested SS account removal? If so, you would lose SS income and still would not receive any raise from IS because you still have obligations with Dreamstime...    ???

« Reply #4 on: January 03, 2010, 17:17 »
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I believe that you only need to contact them that you are making the moves to be Exclusive by Jan.  11th.  As for how best to proceed, if you're serious about it you have nothing to lose by talking to IS Support next week.

Yes, you might take a hit for a month of two.

lisafx

« Reply #5 on: January 03, 2010, 18:43 »
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I wrote to IS support last week but haven't gotten that reply yet.  There is no way I could meet those requirements, though.  I have images tied up until at least November.  And being unable to go exclusive until November there is  absolutely NO WAY I would  request deletion at the other sites and suffer along on less than half income for almost a year waiting to be istock exclusive.

Looks like IS are doing there best to push me off the fence - in the direction of staying independent!

« Reply #6 on: January 03, 2010, 18:58 »
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I wrote to IS support last week but haven't gotten that reply yet.  There is no way I could meet those requirements, though.  I have images tied up until at least November.  And being unable to go exclusive until November there is  absolutely NO WAY I would  request deletion at the other sites and suffer along on less than half income for almost a year waiting to be istock exclusive.

Looks like IS are doing there best to push me off the fence - in the direction of staying independent!

That's exactly my point.    Accepting to lose income for months from the other agencies while waiting to be IS exclusive is not very smart

KB

« Reply #7 on: January 03, 2010, 18:59 »
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And i wonder... what about those accounts which can be closed at any time (like SS)?  Must you show documentation by Jan 11 that you have requested SS account removal? If so, you would lose SS income and still would not receive any raise from IS because you still have obligations with Dreamstime...    ???

I wrote to IS support about this, and the answer seemed to be, yes. You must request removal of all content by Jan 11, even if you cannot (or do not) become exclusive until Aug.

I find that position to be unfair and unprofessional. It's one thing to ask for a commitment of exclusivity, but it's quite another to ask that we give up 6 months of income while we are waiting to become exclusive.

BOO to IS.  >:(  :(  I feel their promise of grandfathering exclusives was mostly an empty one.

lisafx

« Reply #8 on: January 03, 2010, 19:07 »
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BOO to IS.  >:(  :(  I feel their promise of grandfathering exclusives was mostly an empty one.

This is becoming pretty typical of istock - they institute negative  site changes and then when people complain they hold out a carrot in the forums along the lines of "contact support and we will work with you".  Then when people actually take them up on it, it turns out they are less than helpful. 

They did the same thing to buyers about grandfathering in previous  prices for images that turned Vetta.  Buyers were told to write support and  then support told them they were SOL and they had to pay the higher prices.  :-\

« Reply #9 on: January 03, 2010, 19:13 »
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And i wonder... what about those accounts which can be closed at any time (like SS)?  Must you show documentation by Jan 11 that you have requested SS account removal? If so, you would lose SS income and still would not receive any raise from IS because you still have obligations with Dreamstime...    ???

I wrote to IS support about this, and the answer seemed to be, yes. You must request removal of all content by Jan 11, even if you cannot (or do not) become exclusive until Aug.

I find that position to be unfair and unprofessional. It's one thing to ask for a commitment of exclusivity, but it's quite another to ask that we give up 6 months of income while we are waiting to become exclusive.

BOO to IS.  >:(  :(  I feel their promise of grandfathering exclusives was mostly an empty one.

Thank you for the confirmation KB.

KB

« Reply #10 on: January 03, 2010, 19:25 »
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Thank you for the confirmation KB.

Let me add that that despite numerous email conversations with support, I am still not 100% sure that that is what they require.  ;D

Someone in my CN believes that simply emailing each site that we INTEND to delete our images by such-and-such a date is sufficient. If that's the case, it isn't too bad (except for sites such as FT, which may close your account immediately if you write them of such intentions!).

Still on the fence.

« Reply #11 on: January 03, 2010, 20:22 »
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If they ask for immediate deletion, that sounds mean.

Can someone clarify this?

« Reply #12 on: January 03, 2010, 20:24 »
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Sorry, I'm a bit lost here.  It sounds like all you have to do is fill out that form about DT and then do the others by August whatever.

"As you have identified that you are previously committed to another agency that currently prevents you from entering iStockphotos exclusivity agreement, we have sent you the attached form which we will require by January 11 to grandfather your canister level once you are exclusive."

"we will require that you attach documentation as evidence showing that the request to remove the content has been made."

The agency currently preventing you is DT.  Attach the documentation the request to remove has been made.  Problem solved, right?


« Reply #13 on: January 03, 2010, 20:31 »
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It's not a problem for me to make this commitment to IS and apply for exclusivity before August 1, but why does IS ask us to offend other agencies months before we can delete the photos?

Sean, its not only DT, there are others too. Besides, why do I want to delete SS and FT and suffer from decreased income before I can even remove photos from DT?

Hope IS can be a bit more considerate to its fans.
« Last Edit: January 03, 2010, 20:33 by Freedom »

« Reply #14 on: January 03, 2010, 20:35 »
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Who said you have to delete SS and FT?  The mail says "Please note, all obligations with different agencies must be met prior to August 1, 2009."  So, as I said, the agency preventing you is DT.  Start the process, sign the form, since the others aren't preventing you, and finish the others by August.

I don't think IS is out to screw anyone with this one.  Just another confusing email.

« Reply #15 on: January 03, 2010, 20:46 »
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Sean, I am going to follow your advice. Hope you are right.

« Reply #16 on: January 03, 2010, 20:49 »
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Keep your fingers crossed :).  Sometimes I'm wrong...

« Reply #17 on: January 03, 2010, 20:57 »
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But it still sounds like IS wants us to offend other agencies. Why is it necessary?

« Reply #18 on: January 03, 2010, 21:04 »
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But it still sounds like IS wants us to offend other agencies. Why is it necessary?

What do you mean, offend?  If you want to be exclusive, the stuff has to come down.

« Reply #19 on: January 03, 2010, 21:22 »
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Of course, but why now? Knowing some sites are touchy about it.

« Reply #20 on: January 03, 2010, 21:49 »
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Sean, I am going to follow your advice. Hope you are right.

He usually is. I think some peeps are reading way too much in between the lines. Istock want you to go exclusive and are therefore offering to be flexible to help you to do so. Obviously there's a limit to what they can offer but they do want to work with you to achieve a common objective.

« Reply #21 on: January 04, 2010, 05:07 »
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Who said you have to delete SS and FT?  The mail says "Please note, all obligations with different agencies must be met prior to August 1, 2009."  So, as I said, the agency preventing you is DT.  Start the process, sign the form, since the others aren't preventing you, and finish the others by August.

I don't think IS is out to screw anyone with this one.  Just another confusing email.
Is this a typo or are they only helping people who have been waiting to leave DT for the past 6 months?  I could understand if it was August 2010 but that's 9 months away, if they want people to decide by the January deadline, they should be able to leave DT in 6 months.

« Reply #22 on: January 04, 2010, 05:47 »
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Who said you have to delete SS and FT?  The mail says "Please note, all obligations with different agencies must be met prior to August 1, 2009."  So, as I said, the agency preventing you is DT.  Start the process, sign the form, since the others aren't preventing you, and finish the others by August.

I don't think IS is out to screw anyone with this one.  Just another confusing email.
Is this a typo or are they only helping people who have been waiting to leave DT for the past 6 months?  I could understand if it was August 2010 but that's 9 months away, if they want people to decide by the January deadline, they should be able to leave DT in 6 months.
1st August 2010 is less than 7 months away.

« Reply #23 on: January 04, 2010, 08:16 »
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Just another confusing email.

You are right. Look at all the questions there are. Even when people email and call support directly, they are still confused. This is the part that gets me. I haven't seen IS taking ANY steps to clarify EXACTLY what they are offering. If there is a thread somewhere on the IS site or forum, or a thread posted here from admin at IS, please let me know, because I have missed it.

Here is the copy from the pdf that is attached and sent with the email I originally posted:

Confirmation of Termination of Non-Exclusivity
A. You (which, for greater clarity, is the undersigned) have expressed a desire to provide Exclusive Content (as defined in the Artist Supply Agreement (Excusive) found at www.istockphoto.com (the Exclusive ASA) to iStockphoto LP (iStockphoto).
B. You are under contract with other entities to provide some or all of what would be your Exclusive Content (under the Exclusive ASA) contrary to the Exclusive ASA.
C. On February 24, 2010, iStockphoto will amend the number of downloads required by a member to meet the established canister levels (the Amended Canister Requirements).
D. Where members of iStockphoto.com agree to be bound by the Exclusive ASA prior to January 11, 2010, iStockphoto has agreed that the Amended Canister Requirements will not apply to you until you have reached the next canister level (ie. if you are Silver, the Amended Canister Requirements will not apply until you reach the Gold canister) (this is referred to as Grandfather).
E. You have given the applicable termination notice to all entities (other than iStockphoto) that license or otherwise distribute what would otherwise be your Exclusive Content, however you are unable to comply with the Exclusive ASA until certain notice periods expire, which dates are following January 11, 2010.
F. In consideration of your confirmation of termination of non-exclusivity and other valuable covenants set out below, iStockphoto agrees to Grandfather your next canister level.
1. As at todays date, you confirm that your Exclusive Content is available for license or other distribution by the following parties at the location identified below (insert name of agent, the website where your Exclusive Content is licensed and your member name at that website):
a. ____________________________________________________________
b. ____________________________________________________________
c. ____________________________________________________________
d. ____________________________________________________________
e. ____________________________________________________________
2. You confirm that you have provided all applicable notice to each of the above entities to remove your Exclusive Content as at the date set out below and such Exclusive Content shall be removed from distribution on the dates set out below:
Location of Sale (ie. website)
Date of Notice
Date Exclusive Content shall be removed

3. Attached to this Agreement as Schedule A is evidence of the termination notice that you have provided to entities other than iStockphoto with respect to your Exclusive Content (ie. e-mails and confirmations of receipt, screen shots, etc.).
4. You agree to be in full compliance with the Exclusive ASA, including application and acceptance as an Exclusive member of iStockphoto.com by not later than August 1, 2010, failing which iStockphoto shall be under no Grandfather obligation to you.
5. You acknowledge and confirm that all of the terms and conditions contained in the Artist Supply Agreement (Non-Exclusive) that you are currently subject to are and shall remain in full force and effect, in accordance with the provisions thereof. If the Artist Supply Agreement (Non-Exclusive) is terminated for any reason prior to the compliance with Section 4, iStockphoto shall be under no Grandfather obligation to you.
6. This Agreement may be executed by facsimile or digitally.
Agreed this ____________ day of _________________, 20____.
___________________________ Signature
___________________________ Name
___________________________ iStockphoto member name
___________________________ Witness Signature, if you are an individual
___________________________ Witness Name, if you are an individual


What Sean is saying may be true...we do not have to remove our content from the other sites until the last moment. BUT, we must give all sites notice that we are going to become exclusive. At least that's how I'm reading 2. and 3. This form must be submitted by Jan. 11 and we have to attach proof that we have already given the other sites notice.

Attached to this Agreement as Schedule A is evidence of the termination notice that you have provided to entities other than iStockphoto with respect to your Exclusive Content (ie. e-mails and confirmations of receipt, screen shots, etc.).

If I have to attach Schedule A with evidence that I have sent an email to Shutterstock notifying them that in May I am going to become exclusive with IS, that means I need to alienate a vendor relationship to comply with IS's rules. I may not have to take my photos down, but what do you think is going to happen to those businesses? a. contributors that have given notice get screwed in the best match. After all, when you have loyal and good contributors, or contributors that are going to be leaving, which will you take care of? or b. the other microstock sites will have to do something to compete.

This could go either way, and I don't think I am willing to treat the other sites this way just to grandfather my canister at IS. I may still contemplate exclusivity, but I don't want to play this game.
« Last Edit: January 04, 2010, 08:23 by cclapper »

« Reply #24 on: January 04, 2010, 08:37 »
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I don't see the problem.  Can't really see a site placing your files lower in a search because your leaving.  Just saying if it was me I would try to made as much money on those files before you pull them off my site.


 

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