International Council on Active Aging

Join ICAA Now!

Whether you are an organization, or an individual professional, ICAA has the right membership for you.
Learn More


BROADCAST LICENSE AGREEMENT

This Broadcast License Agreement (hereafter referred to as the “Agreement”) is entered into by and between , ICAA Services, INC., doing business as ICAA-TV, (hereafter referred to as “ICAA-TV”), whose principal place of business is located at 3307 Trutch Street, Vancouver, BC V6L 2T3, and the submitting party (hereafter referred to as “PROGRAMMER”). The above entities shall be jointly referred to as the “Parties”.

Grant of Rights:

PROGRAMMER hereby grants to ICAA-TV a non-excusive license to broadcast their video, approx. 2 min. in length (“Program”), for an unlimited run commencing upon submission.

This grant of rights shall include, but not be limited to, the right of ICAA-TV to broadcast the Program in the Worldwide on ICAA-TV and other television networks and stations, via domestic or foreign television signals, as well as through youtube and other satellite broadcast, simultaneous internet broadcast, microwave, fiber optic, and/or other modes of broadcasting yet to be developed, but which may be utilized by ICAA-TV in the future.

The Program shall be delivered to ICAA-TV utilizing English as the primary language. ICAA-TV is hereby granted the rights to translate, and sub-title the Program into foreign languages as needed.

ICAA-TV is hereby granted the right to utilize up to three (2) minutes of footage from the Program for the promotional and marketing purposes related to the broadcast of the Program.

Delivery:

PROGRAMMER shall deliver to ICAA-TV, at the email address set forth herein, and to the attention of the Colin Milner (colinmilner@icaa.cc via www.yousendit.com, a uploaded video of the content, ICAA-TV shall be responsible for converting it to the final product.

Representations & Acknowledgements:

PROGRAMMER represents and warrants that it has or will obtain, at its sole cost and expense, all rights necessary to enter into this Agreement and to permit the exercise by ICAA-TV of the rights herein granted including any and all music synchronization and mechanical rights and licenses as well as any and all performance rights by the artists and/or other material susceptible to performing rights contained in the Program. Such rights that PROGRAMMER does not have or cannot obtain are within the public domain and are free to exercise by ICAA-TV. The Program contains no defamatory statements and in no way infringes upon or violates any copyright, trademark or any proprietary rights of any third parties.

PROGRAMMER has made no contract or commitment and has granted no license or other agreement in conflict with the terms hereof.

PROGRAMMER shall indemnify, defend and hold harmless ICAA-TV and its parents, subsidiaries, divisions, officers, directors, employees, attorneys and agents, and their respective successors or assigns, from all costs, expenses and damages arising from any breach or alleged breach of the warranties set forth in this Agreement and that it maintains adequate insurance coverage regarding the same.

PROGRAMMER understands and acknowledges that ICAA-TV shall have the final word, in its sole discretion, to determine whether the content of the Program, in its final broadcast cut, meets ICAA-TV’s criteria. ICAA-TV shall have the right to decline to broadcast or promote the same, in its sole discretion. ICAA-TV’s decision in these matters is final. Upon notification of the above, PROGRAMMER will have the ability to modify any Program to meet ICAA-TV’s criteria. Should PROGRAMMER, fail or refuse to modify the Program, ICAA-TV is hereby granted the authority to edit the Program, as needed, to meet its criteria.

PROGRAMMER further understands and acknowledges that any funds received by ICAA-TV shall solely belong to ICAA-TV and PROGRAMMER shall have no interest therein. PROGRAMMER, his employees, agents, attorneys, and their respective successors and assigns, hereby absolutely and forever waives any right or interest to any of those funds.

Entire Agreement:

This Agreement contains the entire agreement of the parties hereto, and supersedes any prior written or oral agreements between them concerning the subject matter contained herein. There are no representations, agreements, arrangements, or understandings, oral or written, between and amount the parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein.

Notices:

All notices, statements and/or requests for approvals ("notices") that either Party hereto is required or may desire to give to the other shall be given in writing by addressing the same to the other at the addresses set forth herein, or at such other address as may be designated, in writing, by any such Party in a notice to the other. Notices shall be by either personal delivery, overnight courier, (Fed Ex, etc.) or by first class registered mail, return receipt requested, postage prepaid, deposited in the Mail. Said notice shall be deemed served and received on the date executed on a receipt of acceptance or if by personal delivery, upon physical delivery of the same. The Parties acknowledge and agree that although they may communicate with each other through e-mail, fax, telex or telegram, these modes shall not be considered legal notice for the purposes of this Agreement.

Governing Law:

All questions with respect to the construction of this Agreement, and the right and liabilities of the parties hereto, shall be governed by the laws of the Province of British Columbia. The parties also agree that the venue for this Agreement shall be in the City of Vancouver, BC. The parties expressly waive any claim to jurisdiction in any federal or other Provincial or state forum or venue in any other county or place. In the event of any controversy, claim or dispute between the Parties hereto, including, but not limited to, any action at law or in equity, including any action for declaratory or injunctive relief, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the losing party all of his or her actual attorney's fees and costs in bringing, prosecuting, or defending said action.

Successors and Assigns:

Subject to the restrictions against assignment as herein contained, this Agreement shall be binding upon and inure to the benefit of the Parties, their predecessors, assigns, successors in interest, personal representatives, their past and present attorneys, principals, employees, independent contractors, officers, directors, shareholders, parents, issue, subsidiaries, agents, servants, estates, heirs, administrators, executors, conservators, trustees, legatees, and other affiliated entities of each of the Parties hereto.

Modification, Severability & Waiver:

This Agreement may not be altered, modified, or changed in any manner except by a writing executed by the party against whom it is to be enforced. Waiver of the breach of any of the provisions of this Agreement shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be affected, impaired or invalidated.

Counterparts:

This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall be deemed to be one and the same instrument. All counterparts so executed shall constitute one agreement binding upon all parties, notwithstanding that all parties are signatory to the original or the same counterpart. The Parties may execute this Agreement by way of FAX and/or electronic means and such signatures shall be treated as original signatures for all purposes.
TwitterfacebookLinkedinICAA-TV