Fill and Sign the Publicity Agreement Form

Multimedia Publicity, License and Privacy Release Agreement Agreement between ______________________ (Name of Licensee) , a corporation organized and existing under the laws of the state of _____________, with its principal office located at ____________________________________________________________________ ___________________ (street address, city, state, zip code) , referred to herein as Licensee , and ____________________ (Name of Licensor) , a corporation organized and existing under the laws of the state of ________________, with its principal office located at ______________ ____________________________________________________________________________ (street address, city, state, zip code) , referred to herein as Licensor . For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Definitions In this Agreement the following definitions apply: A. Licensed Material means any still image, film or video footage, audio product, visual representation generated optically, electronically, digitally or by any other means, including any negatives, transparencies, film imprints, prints, original digital files or any reproductions thereof, or any other product protected by copyright, trademark, patent or other intellectual property rights, which is licensed to Licensee by Licensor under the terms of this Agreement. B. Reproduction and Reproduce include any form of copying or publication of the whole or a part of any Licensed Material, whether by printing, photography, photocopying, slide projection (whether or not to an audience), layout or presentation, use in a production process, electronic, digital or mechanical means, use as a reference by an artist or in an artist's illustration or by any other means. Reproduction further includes the distortion or manipulation of the whole or a part of the Licensed Material (for example, by computer, electronically, digitally by an artist or by any other means), even though the resulting Licensed Material may not appear to a reasonable person to be derived from the original Licensed Material. Reproduction also includes distribution in whole or in part of any Licensed Material via television, cable, telecommunications network or internet transmission. 2. Grant of Rights A. Licensor hereby grants to Licensee a nonexclusive, non-transferable and non- assignable right to use and Reproduce the Licensed Material identified below to the extent explicitly stated therein. Licensor further grants to Licensee the right to have the Licensed Material Reproduced, solely to the extent explicitly stated below in Section 3. B. The terms specified in this Agreement, shall not be modified without the express written consent of Licensor, and any attempt to modify the Agreement without such express written consent, or any attempted deviation from the terms thereof of this Agreement, shall nullify Licensor's indemnity obligations, and the representations and warranties made by Licensor hereunder. Licensee shall not undertake any expanded use of the Licensed Material without the prior approval of Licensor. Licensee shall promptly notify Licensor of any expanded use of the Licensed Material for which Licensee has not received Licensor's prior approval. C. Use of Licensed Material in a manner not expressly authorized in this Agreement may constitute an infringement of the proprietary rights of Licensor or a third party and may result in Licensee incurring or being responsible for any damages resulting from any such use, including any damages resulting from any claims for infringement of the intellectual property or proprietary rights of Licensor or a third party. D. If any Licensed Material featuring a model is used in an authorized manner that implies endorsement of, use of, or a connection to a product or service by that model or a potentially unflattering or controversial subject, Licensee must accompany each such use with a statement that indicates that the person is a model and is used for illustrative purposes only. Licensor's grant of rights regarding use of Licensed Material on or in a product does not grant Licensee the right to use that Licensed Material in any manner, directly or indirectly (such as, without limitation, in any image or illustration of such product) in the advertising of such product unless that right is also specifically granted. E. Pornographic, defamatory, libelous or otherwise unlawful use of Licensed Material is strictly prohibited whether directly or in context or juxtaposition with specific subject matter. 3. Credit Lines A. The following credit line must appear beneath any Licensed Material utilized this manner: © Copy & images provided and used with the permission of ______________________ (Name of Licensor) . 4. Licensor warrants and represents that the Materials which are the subject of this Agreement are either owned by Licensor, are original to Licensor, or Licensor has full authority from the owner of the Materials to grant this License and Release. 5. Indemnification Licensor hereby agrees to indemnify and hold Licensee harmless against any loss, liability, damage, cost or expense (including reasonable legal fees) arising our of any claims or suits, whatever their nature and however arising, which may be brought or made against Licensee by reason of Licensor's breach of any condition, warranty, or representation made pursuant to this License Agreement, and/or that Licensee's use of any or all of the Materials licensed hereunder infringe or otherwise violate the rights, in whole or in part, of any third party. In the event that Licensee seeks indemnification under this Paragraph 5 , it shall immediately notify Licensor in writing, of any claim or proceeding brought against it for which it seeks indemnification hereunder. 6. This release is for the following Materials (initial appropriate designation): [ ] Name ____________________________________________________ [ ] Voice ___________________________________________________ [ ] Visual likeness (on photographs, video, film, etc.) __________________ ___________________________________________________ [ ] Photographs, graphics, text copy or other artwork as specified: _______ ________________________________________________________________ [ ] Images to be used on affiliate website ________________________ [ ] Film, videotape or other audiovisual materials as specified: ___________ __________________________________________________________ [ ] Other: _____________________________________________________ 7. Consideration On execution of this Agreement, Licensee agrees to pay to Licensor the sum of $___________________. 8. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 9. Notices Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 10. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. Witness our signatures this the __________________ (date) . _______________________ ______________________ (Name of Licensor) (Name of Licensee) By:____________________________ By:_______________________________ ___________________________ _________________________ (P rinted Name & Office in Corporation) (P rinted Name & Office in Corporation) ___________________________ _________________________ (Signature of Officer) (Signature of Officer)