CatskillsAir Content Agreement/ Authorization

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Content Release/Agreement

I warrant and represent to CatskillsAir that the above program submission contains none of the following:

any material that is libelous, slanderous, other defamation of character; or material that is an unlawful invasion of privacy;

any material that violates state or federal law relating to obscenity;

any material contrary to local, state, or federal laws;

any unlawful use of copyrighted or trademarked material.

(Program Producer must provide written authorization for cable television transmission of any copyrighted program or other copyrighted materials.)

These warranties and representations are made by me in order for this program to be cablecast on CatskillsAir. I agree, further, to indemnify and hold harmless CatskillsAir, Margaretville Telephone Company (“MTC”), Heart of the Catskills Communications, Inc. dba MTC Cable ( “MTC Cable”) its owners, officers, partners, administrators, employees, principals and agents from any and all claims, demands, causes of action, damages or other liabilities which may be made against or arise out of the cablecast of this program submission whether or not the program has been reviewed by CatskillsAir prior to cablecast.

CA may:
Broadcast and/or air Provider provided content on CatskillsAir on a schedule and time determined by CA.

Provide Production advice and direction, on a case-by-case basis and as deemed necessary by CA.

Provider shall:
Deliver agreed upon content to CA, as a finished product per Specifications and Guidelines provided by CA.

Deliver artwork, show notes and all links necessary for the airing of the content.

Term.
This Agreement will remain in full force and effect for a period of 12 months, and may be renewed or revised after that time by agreement of the parties.

Grant of Rights.
By providing content to CA in any form or through any delivery method, Provider is granting CA the non-exclusive license and right to use, copy, transmit or display that content during the term of this Agreement or any extension thereof throughout CA’s service and transmission area.

Indemnification:
Provider hereby indemnifies and holds harmless CatskillsAir, Margaretville Telephone Company (“MTC”), Heart of the Catskills Communications, Inc. dba MTC Cable ( “MTC Cable”) its owners, officers, partners, administrators, employees, principals and agents from and against any and all loss, damage, suits, causes of action, costs (including court costs and reasonable attorney fees) arising out of or connected with Provider’s content, or as a result of any inconsistency with, failure of, or breach or threatened breach of any warranty, representation, agreement, undertaking or covenant contained in this Agreement including, without limitation, any claims by any third party in connection with the foregoing. In addition to any other rights or remedies CA, MTC or MTC Cable may have, Provider shall reimburse CA on demand for any payment made by CA, MTC and MTC Cable with respect to any loss, damage or liability resulting therefrom. CA shall give Provider notice of any third party claim to which the foregoing applies, and Provider shall have the right to participate in the defense of any such claim through counsel of Provider’s own choice and at Provider’s expense. I am aware that Section 639 of the Federal Cable Communications Policy Act of 1984 provides that:

Whoever transmits over any cable system any matter which is obscene or otherwise unprotected by the Constitution of the United States shall be fined not more than $10,000 or imprisoned not more than 2 years, or both.

Ownership.
Provider shall maintain full ownership of Provider’s content, including title, logo, artwork and content embodied therein during the term of this agreement. The name “CatskillsAir” and CA’s logo are trade and service-marks of CA and may be attached to the Provider’s content when aired.

Cancellation.
Notwithstanding anything herein to the contrary, CA has the right to cancel scheduled or future broadcast(s) of Provider’s content if Provider fail upon fifteen (15) days notice for any reason or no reason at all or immediately and without notice if Provider breaches this Agree- ment or the Channel Guidelines (the “Guidelines”) or to deliver Content as agreed upon. Provider may cancel this agreement upon thrity (30) days written notice.

Revenue.
Any revenues earned through CA or through broadcasting of Provider’s content is the sole possession of CA. Provider does not have the right to deny advertising sold or broadcast during airing of Provider’s content.

Assignment.
Provider may not assign, or otherwise transfer its rights and obligations under this Agreement to any other person or entity without the express prior the written consent of CA. CA may assign this Agreement or any of its rights under this Agreement, without Provider’s consent, to any entity with which it may be merged or consolidated or which acquires all or substantially all of its assets. This Agreement shall insure to the benefit of and be binding upon the parties’ permitted successors and assigns.


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