Monitoring, Record Keeping & Prevention Clause Samples
The "Monitoring, Record Keeping & Prevention" clause establishes the obligation for parties to systematically track, document, and maintain records of relevant activities or processes, as well as to implement measures that prevent non-compliance or undesirable outcomes. In practice, this may require maintaining logs of operations, conducting regular audits, and instituting controls to detect and address potential issues early. The core function of this clause is to ensure transparency, accountability, and proactive management, thereby reducing the risk of violations and supporting compliance with contractual or regulatory requirements.
Monitoring, Record Keeping & Prevention. Licensee shall use commercially reasonable efforts to track infringing uploads of content by the same user and maintain a commercially reasonable repeat-infringer termination policy. Licensee shall use commercially reasonable efforts to prevent a terminated user from uploading content following termination. The current means by which Licensee performs this obligation is to prevent re-use of email addresses associated with a terminated user.
Monitoring, Record Keeping & Prevention. To the extent Licensee is given notice by Licensor or otherwise becomes aware of sites that are dedicated to, or predominantly used for, the dissemination of infringing content or the facilitation of such dissemination ("Prohibited Sites"), the Licensed Service shall remove or block the links to such Prohibited Sites; provided that, if the Licensed Service is able to identify specific links that solely direct users to particular non-infringing content on such Prohibited Sites, the Licensed Service may allow those links while blocking all other links. Licensor hereby notifies Licensee that each of the following sites is a "Prohibited Site": Newzbin, Pirate Bay, Isohunt, FreeTV, ▇▇▇▇▇▇▇.▇▇▇, ▇▇▇▇▇▇-▇▇▇▇▇.▇▇, ▇▇▇▇▇▇▇▇▇.▇▇▇, ▇▇▇-▇▇▇▇▇▇.▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇, ▇▇▇.▇▇▇, ▇▇▇▇▇▇▇▇▇▇.▇▇▇, ▇▇▇▇▇▇▇▇▇.▇▇▇ and any other site of which Licensor may notify Licensee , from time to time, after the date of this Agreement. Except to the extent applicable laws require otherwise, Licensee shall: (a) retain for at least six (6) months all available information related to content uploaded by users to the Licensed Service (including content removed following a notice of infringement), including Internet Protocol addresses and time and date information, and (b) provide such information and content to Licensor upon request. Licensee shall use reasonable efforts to track infringing uploads of copyrighted content by the same user and maintain a commercially reasonable repeat-infringer termination policy. Licensee shall use reasonable efforts to prevent a terminated user from uploading content following termination, including without limitation, by blocking re-use of verified email addresses.
Monitoring, Record Keeping & Prevention. Licensee shall use commercially reasonable efforts to track infringing uploads of content by the same user and maintain a commercially reasonable repeat-infringer termination policy. Licensee shall use commercially reasonable efforts to prevent a terminated user from uploading content following termination. The current means by which Licensee performs this obligation is to prevent re-use of email addresses associated with a terminated user. General Practices. Licensee will provide to Licensor the same ID Technology, Filtering Process, and other anti-piracy tools as Licensee provides generally to other similar content owners. THIS EXHIBIT 7 is attached to the VOD & DHE License Agreement, dated as of November 14, 2011, as amended, between ▇▇▇▇▇▇ Digital Distribution Inc. and Google Ireland Limited (“Agreement”). Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Agreement. The parties hereto agree as follows:
Monitoring, Record Keeping & Prevention. Licensee shall use commercially reasonable efforts to track infringing uploads of content by the same user, or matching uploads of content by the same user if such content has an associated takedown policy specified by Licensor in the metadata or in Licensee’s online content management system [Note: Same comment as above], and maintain a commercially reasonable repeat-infringer termination policy. Licensee shall use commercially reasonable efforts to prevent a terminated user from uploading content following termination. The current means by which Licensee performs this obligation is to prevent re-use of email addresses associated with a terminated user. General Practices. Licensee will provide to Licensor the same ID Technology, Filtering Process, and other anti-piracy tools as Licensee provides generally to other similar content owners.
Monitoring, Record Keeping & Prevention. Licensee shall use commercially reasonable efforts to track infringing uploads of content by the same user, or matching uploads of content by the same user if such content has an associated takedown policy specified by Licensor in the metadata or in Licensee’s online content management system, and maintain a commercially reasonable repeat-infringer termination policy. Licensee shall use commercially reasonable efforts to prevent a terminated user from uploading content following termination. The current means by which Licensee performs this General Practices. Licensee will provide to Licensor the same ID Technology, Filtering Process, and other anti- piracy tools as Licensee provides generally to other similar content owners.
Monitoring, Record Keeping & Prevention. Google shall use commercially reasonable efforts to track infringing uploads of content by the same user and maintain a commercially reasonable repeat-infringer termination policy. Google shall use commercially reasonable efforts to prevent a terminated user from uploading content following termination. The current means by which Google performs this obligation is to prevent re-use of email addresses associated with a terminated user.