Streem Service Appendix

Last updated: 26 September 2024

This Streem Service Appendix (“Appendix”) supplements the existing agreement in place between the parties (“Master Agreement”). Capitalized terms used but not defined in this Appendix have the meanings given in the Master Agreement. In the event of any conflict between this Appendix and the Master Agreement, this Appendix prevails.

1. Definitions

“Account Login” means a login for the Services issued by Supplier to an individual within Customer’s organisation.

“Indemnitees” has the definition set out in the Master Agreement and includes Supplier’s third-party content providers.

“Nominated User” means an authorised recipient of Supplier Data within Customer’s organisation.

“Reports” means Services that are delivered to Customer in the form of analytic reports.

“Services” means the listening, monitoring, insights, outreach and/or analysis services that Supplier provides to Customer.

2. Intellectual property

2.1 Supplier Data and Reports licence. Supplier grants to Customer a non-exclusive, non- transferable, non-sublicensable licence in Australia and New Zealand to use Supplier Data and Reports solely for Customer’s internal business purposes in accordance with this Agreement. Supplier owns any Report, excluding any Customer Data in a Report.

2.2 Customer Data licence. Customer grants to Supplier a non-exclusive, royalty-free licence to process Customer Data for the purposes of providing the Services.

3. Downstream terms

3.1. Responsibility. Customer will comply with the Copyright Agency Streem Downstream Licence Terms, usually at https://www.copyright.com.au/licences-permission/media-monitoring/information-mmo-customers/.

3.2. Restrictions. Customer and its Users will not: (a) share or otherwise make available any Supplier Data or Reports to anyone other than a Nominated User within Customer’s organisation; (b) use Supplier Data or Reports for any purpose other than internal business use; (c) use Supplier Data or Reports in legal proceedings, political activities or for any public display including, but not limited to, advertising, educational, endorsement, marketing, promotional, publicity or redistribution purposes or on a publicly available website, extranet or social media channel; (d) edit or translate any Supplier Data or Reports; (e) edit or remove any copyright notices from Supplier Data or Reports; (f) apply machine learning to Supplier Data or Reports to make content that may be used as an alternative or substitute for such Supplier Data or Reports; and (g) use Supplier Data or Reports to train, develop, enhance or contribute to any generative artificial intelligence models, machine learning models, or any form of algorithmic or software-based artificial intelligence systems, without obtaining prior written consent from Supplier.

3.3. Users. Customer and its Users will not make the Services available to anyone who is not issued with an Account Login within Customer’s organisation. Each Account Login is for the sole and exclusive use of the individual named in the Account Login.

3.4. Customer usage. Fees may be based on the parties’ agreed estimate of Customer’s usage, including features being for the benefit of Customer named in this Agreement only and features being used in proportion to the size of Customer’s organisation, Account Logins, the volume of news and material mentioning Customer, Customer’s industry, competitors and/or projects, campaigns and work. Supplier may conduct audits to determine Customer’s actual usage volume. If Customer’s audited volume exceeds the agreed estimate, Supplier may review and reduce Customer’s inclusions in the Services following notification to Customer.

3.5. Revision of fees. Customer acknowledges and agrees that copyright agency(s) may revise fees payable in conjunction with communicating Supplier Data under the terms of Supplier’s copyright license and that Supplier may pass on such revised fees to Customer. Supplier will provide 30 days’ written notice of any such fee revisions to Customer, including a copy of the copyright agency’s notice demonstrating such revision. Customer may terminate this Agreement on 30 days’ written notice in the event that they do not agree to the revised fees.

3.6. Agency Customers. If Customer is an advertising or public relations agency, Customer may use the Services on behalf of a designated client of Customer in accordance with this Agreement and Customer must flow down to its client any and all restrictions regarding the use of Supplier Data and Reports set out in this Agreement.

3.7. Destruction, removal and correction of Supplier Data. Supplier may be required to remove or correct Supplier Data. In such cases, Supplier will notify Customer of the impacted Supplier Data that requires removal or correction, and Customer will promptly remove or correct such data from its systems. Upon termination or expiration of Customer’s Agreement, Customer will delete or destroy all Supplier Data that it has obtained, excluding Reports, and certify to Supplier that such deletion and destruction has been completed.

3.8. Disclaimers. Supplier does not maintain or control third-party content or the content of websites that may be made available via the Services or within Reports, and Supplier is not responsible for the same. Supplier Data is provided “as is”, exclusive of any express or implied warranties. Supplier is not responsible for any errors or omissions contained in Supplier Data, or for the results obtained from use of Supplier Data. It is Customer’s responsibility to verify any of Supplier Data before relying on it. Supplier Data is provided by Supplier on the understanding that the authors and publishers do not hold themselves out as providing legal, accounting, tax, or other professional advice and services. Third-party sources may choose at any time to modify applicable restrictions or prohibit their content, features or functionality from being accessed under this Agreement. If a third-party ceases to make its content, features or functionality available, Supplier disclaims all liability for such content, features, and functionality. Ongoing access to Supplier Data protected by a paywall instituted by a third party provider is subject to change in accordance with that third party provider’s membership of the Copyright Agency’s license scheme and/or direct licensing held by Supplier. Supplier will use reasonable commercial endeavours to ensure ongoing access to Supplier Data protected by a paywall instituted by a third party provider.

3.9. Customer’s indemnity. Customer will indemnify Supplier’s Indemnitees against Losses arising out of a third-party Claim by a content source against Supplier arising from Customer’s use of such third-party’s content, and such indemnity shall survive termination of the Agreement.

3.10. Availability. The Services will maintain an average availability of no less than 99.5%, as measured on a calendar monthly basis, excluding downtime caused by: (a) scheduled maintenance performed between the hours of 10:00 PM and 6:00 AM AEST; (b) emergency maintenance; (c) Force Majeure (as defined in the Master Agreement); (d) any actions or omissions of the Customer or any third parties; or (e) the Customer’s equipment and/or third party equipment not within the primary control of Supplier. Access to the Services may be available during scheduled maintenance periods, but performance may be slower than normal.

3.11. Updates. This Appendix may be updated periodically to cover product or technical developments, changes to law, or to include terms that content suppliers require. Notification of material changes will be delivered as required by law. Subject to the foregoing, continued use of the Services will constitute acceptance of these terms.

4. New Zealand content

This section 4 sets out additional terms applicable if Customer accesses any of the Media Copyright Agency publications listed at https://mediacopyrightagency.co.nz/publications/ (“MCA Content”) via the Services.

4.1. MCA Content. If Customer accesses any MCA Content via the Services, Customer must enter into a licence directly with the Media Copyright Agency. Customer may apply for such licence via the Media Copyright Agency’s application form, usually at https://licence.mediacopyrightagency.co.nz/Licence.

5. Social content

This section 5 sets out additional terms applicable to Supplier Data sourced from social media networks accessed via the Services.

5.1. Responsibility. Customer will comply with the X Terms of Service, usually at https://twitter.com/tos, the YouTube Terms of Service, usually at https://www.youtube.com/t/terms, the Meta Terms of Service, usually at https://www.facebook.com/terms.php, and the Reddit User Agreement, usually at https://www.redditinc.com/policies/user-agreement, as applicable, or such other terms that Customer has entered into with an applicable social data provider directly.

5.2. End user protection. Customer will not: (a) knowingly display, distribute, or otherwise make Supplier Data available to any person or entity that it reasonably believes may use Supplier Data in a manner that would have the potential to be inconsistent with that individual’s reasonable expectations of privacy; (b) conduct research or analysis that isolates a small group of individuals or any single individual for unlawful or discriminatory purposes; (c) use Supplier Data to target, segment, or profile any individual based on health, negative financial status or condition, political affiliation or beliefs, racial or ethnic origin, religious or philosophical affiliation or beliefs, sex life or sexual orientation, trade union membership, data relating to any alleged or actual commission of a crime, or any other sensitive categories of personal information prohibited by Applicable Law; (d) without Supplier’s prior written consent, but subject to Applicable Law, display, distribute, or otherwise make Supplier Data available to any member of the US intelligence community or any other government or public-sector entity.

5.3. Use case approval. If a third-party content provider requires use case approval, Customer will not use such third-party content until Customer’s use case has been approved in writing and notified to Customer. Further, Customer’s continued use of the approval third-party content is subject to any changes or revocations of approval by the third-party content provider. Customer agrees to cease use of third-party content immediately if prior approval is subsequently modified, suspended or revoked.

6. Dow Jones Content

This Section 6 sets out additional terms applicable to Supplier Data sourced from Dow Jones (“Dow Jones Content”) accessed via the Services.

6.1. Dow Jones Content. Any Dow Jones Content is subject to the terms available at https://www.cision.com/legal/service-appendices/monitoring-services-appendix/dowjones/.

7. LexisNexis Content

This Section 7 sets out additional terms applicable to Supplier Data sourced from LexisNexis (“LexisNexis Content”) accessed via the Services.

7.1. LN Terms. LexisNexis Content is provided for media monitoring and evaluation purposes only and is subject to the LexisNexis General Terms and Conditions for Use of the LexisNexis Services, usually at http://www.lexisnexis.com/terms/general.aspx or such other terms that Customer has entered into with LexisNexis directly (“LN Terms”).

7.2. Direct Relationship. The LN Terms constitute and form a separate binding agreement between LexisNexis, a division of RELX Inc. (“LexisNexis”) and Customer, and LexisNexis has the right to assert and enforce this Agreement, including the LN Terms, directly on its own behalf. LexisNexis’ consent to the terms of this Agreement shall be evidenced by providing Customer with the means to access LexisNexis Content.

7.3. Web Materials. LexisNexis expressly disclaims any and all liability with regard to Customer’s access to and use of any materials retrieved from third party websites (“Web Materials”) by and through LexisNexis Content. LexisNexis has not entered into a licensing agreement or linking agreement with the owners of the websites that provide Web Materials and makes no representation that it has the right to sublicense access to the Web Materials to Customer. Customer’s use of the Web Materials including any distribution or redistribution thereof is solely at its own risk. Customer will indemnify and hold LexisNexis and its affiliates and its and their employees, officers, and directors (the “LN Covered Parties”) harmless from any loss or damage suffered by the LN Covered Parties as a result of a third-party claim brought against the LN Covered Parties as a result of Customer’s use of Web Materials. 
 
7.4. Independent Parties.  LexisNexis and Supplier are independent entities, and neither is acting on behalf of, or has any right to bind the other for any purpose or in any way. LexisNexis shall not be responsible for any actions, operations, or business of Supplier, including, without limitation, errors or omissions that may be introduced into LexisNexis Content by Supplier. Customer agrees that it will not make any claim or take any action against LexisNexis for or in connection with the actions, activities, negligence, operations, or business of Supplier. 
 
7.5. Authorized Readers. Customer may publish or distribute LexisNexis Content internally to up to 25 recipients per month that are not licensed Users of Supplier’s platform, provided that if Customer shares LexisNexis Content with more than 25 recipients per month, it will be subject to additional usage fees as estimated on Customer’s Order. For purposes of this paragraph, “internal” includes Customer and its affiliates.