Trade plans (excluding Retail Enterprise)

We hereby grant you a license to use Content from The Real Review subject to the following conditions:

• You have accepted these terms and conditions by signing up to a Winery, Distributor or Retail subscription plan on The Real Review, HuonHooke.com or BobCampbell.nz, or by purchasing stickers or promotional materials;
• You have paid and continue to pay the license fee, by authorizing periodic debits to a valid credit card using the subscriptions and payment mechanisms provided on our website; and
• You continue to comply with these terms and conditions.

By Content we mean all wine reviews, including ratings of wines reviewed, reviews of wines and part of reviews, all analytical tools, Wine 360s, Ribbons, Ranks, Top Wineries Certificat awards, Top Wineries awards, Top Rank awards, Top Value awards, The Real Review Wine Classification, Merits, price benchmarks, price-rating graphs, browsers and compilations and software facilitating those tools, browsers and compilations, all graphical and other representations and images including photographs and video, and all other material of any kind whatsoever and wheresoever published, whether on the Website and any associated applications or in any other publications, digital or analogue.

By Website we mean the website at www.therealreview.com and all associated applications (whether for mobile wireless devices or otherwise).

Where a retailer acts as a winery, e.g. by bottling wines under a label controlled by the retailer, the winery related terms of this license apply accordingly.

Your license entitles you to reproduce and use Content in accordance with the category of user (Winery Starter, Winery Plus, Distributor Starter, Distributor Plus, Retail Starter or Retail Plus) selected by you solely in connection with the promotion and sale of wines by retail or wholesale, whether from your retail premises, by mail order or through an online facility.

You may only use Content for wines you actually sell, as well as relevant references to related or competing wines.

You must ensure that any Content you use is current and up to date at the time of reproduction, especially Content based on Rank and/or Value, as this Content may change over time.

You may not alter any Content in any way except to abridge it for advertising or marketing purposes provided that such abridgement does not alter, change or misrepresent the sense or meaning of a review or of the rating of the wine reviewed or adversely impact moral rights in that Content. You may not under any circumstances alter, change or misrepresent the rating or ranking of any wine reviewed or any review of any wine or use it otherwise than in connection with the sale and promotion of the wine reviewed.

You may not use Content in any way which compromises the integrity and independence of The Real Review or its writers, or implies or infers that The Real Review or its writers have any interest, commercial or otherwise, in the wines being promoted or marketed.

When you use Content, you must:

1. acknowledge our copyright in it by including the following copyright notice: © The Real Review, or ensure that the ownership of the Content is clearly marked as “The Real Review”; and
2. provide a link to the Website.

If you use Content otherwise than in accordance with this license, we are entitled to terminate the license forthwith on notice to you, and on receiving such notice you must immediately remove all references and links to the Content from your sales and promotional material forthwith. You will not be entitled to any refund or partial refund of any license fees in the event that we terminate this license for non-compliance.

We reserve the right to monitor your usage of Content, including by using automated crawling tools to identify the use of The Real Review’s Content on the Internet.

We reserve the right to disallow the use of the bottle stickers on wines that do not meet our quality requirements.

Winery Plus memberships give access to certain third-party offers in The Real Advantage program. Third-party partners are solely responsible for the fulfilment and delivery of their offers. The Real Review is not responsible or liable in any way whatsoever for damages or losses resulting from use of any offers in The Real Advantage program.

Using any Content associated with The Real Review Wine Classification including but not limited to references to a wine’s Merits, M, MM, MMM, requires a Plus membership. By using any aspect of our Wine Classification in your marketing, you accept these Terms and Conditions and acknowledge that wines may be classified, re-classified or de-classified, in accordance with the rules of The Real Review Wine Classification system, which we determine at our sole discretion to preserve the integrity of our Wine Classification. In particular you acknowledge that Tier status is awarded to a wine for a period of four years. If the classified wine passes the requirements for its Tier at the annual Classification Assessment conducted by The Real Review at its sole discretion, the Tier status may be extended annually by another four years. If after the expiration of this period a wine is down-tiered or de-classified, classified wines bottled up to two weeks from the date we notify you of the new standing in our Wine Classification may continue to be marketed and labelled as classified in their previous tier. New marketing material, labels and bottlings from two weeks after the notification date must reflect the new standing.

To ensure the integrity of our Wine Classification, wineries using any aspect of our classification in their marketing or labelling agree to submit at least one sample for each new vintage or non-vintage bottling made of the classified wine. We reserve the right to request a sample if a winery has not provided one. In case no sample is provided, we reserve the right to de-classify the wine.

Upon termination of your Winery Starter, Winery Plus, Distributor Starter, Distributor Plus, Retail Starter or Retail Plus subscription you must remove all references to Content from The Real Review from your marketing material, including online material on your website as well any physical material, including but not limited to flyers, brochures, handouts, and posters. The Real Advantage offers expire on termination of eligible memberships.

Retail Enterprise plans

Corkscore Pty Ltd hereby grants Retailer a License for The Real Review content under Corkscore’s Retail Enterprise Plan.

This License is subject to the following conditions:

• Annual Retail Enterprise License fee
• Retailer accepts these terms and conditions;
• Retailer has paid and continues to pay the license fee by invoice; and
• Retailer continues to comply with these terms and conditions.

By Content we mean all wine reviews authored by The Real Review, including ratings of wines reviewed, rankings, ranking lists, reviews of wines and part of reviews, accolades, stickers on the website and related apps and websites (HuonHooke.com, BobCampbell.nz), all analytical tools, Wine 360s, rankings, price benchmarks, price-rating graphs, browsers and compilations and software facilitating those tools, all graphical and other representations and images including photographs and video, and all other material of any kind whatsoever and wheresoever published, whether on the Website and any associated applications or in any other publications, digital or analogue.

By Website we mean the website at www.therealreview.com and all associated applications (whether for mobile wireless devices or otherwise).

This License entitles Retailer to reproduce and use Content in accordance with the Retail Enterprise Plan in connection with the promotion and sale of wines by retail or wholesale through channels controlled by Retailer, whether from Retailer’ retail premises, by mail order or through an online facility.

Retailer may only use Content for wines Retailer actually sells, as well as relevant references to related or competing wines.

Retailer may not alter any Content in any way except to abridge it for advertising or marketing purposes provided that such abridgement does not alter, change or misrepresent the sense or meaning of a review or of the rating of the wine reviewed or adversely impact moral rights in that Content. Retailer may not under any circumstances alter, change or misrepresent the rating or ranking of any wine reviewed or any review of any wine or use it otherwise than in connection with the sale and promotion of the wine reviewed.

Retailer may not use Content in any way which compromises the integrity and independence of The Real Review or implies or infers that The Real Review has any interest, commercial or otherwise, in the wines being promoted or marketed.

Unless agreed otherwise in writing, any sticker credit included in a Retail Enterprise Plan is capped at AUD $19,990 p.a.

When using Content, Retailer must:

1. acknowledge our copyright in it by including the following copyright notice: © “The Real Review”; and
2. in case of online use via API (including any exported or cached data) provide a link to the particular wine review on therealreview.com
3. in case of online use without API provide a general link to therealreview.com

If Retailer uses Content otherwise than in accordance with this License, Corkscore is entitled to terminate the License forthwith on notice to Retailer, and on receiving such notice you must immediately remove all references and links to the Content from Retailer’s sales and promotional material forthwith. You will not be entitled to any refund or partial refund of any License fees in the event that we terminate this License for non-compliance.

This License is valid from the signing, invoice or payment date and will renew at the annual anniversary of the signing date unless either party notifies the other party of License termination beforehand.

Corkscore reserves the right to monitor the usage of Content, including by using automated crawling tools to identify the use of The Real Review’s Content on the Internet.

Where a retailer acts as a winery, e.g. by bottling wines under a label controlled by the retailer, the terms stated above under Trade Plans apply accordingly.

Upon termination of this Retailer must remove all references to Content from The Real Review from Retailer’ marketing material and internal databases, including online material on websites and apps as well any physical material, including but not limited to flyers, brochures, handouts, bottle stickers and posters.