Opinion Content Agreement
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ServicesContributor desires to create Opinion Content on issues of public concern to be aired by BEK News *WE THE PEOPLE – Free Speech on BEK* and BEK desires to broadcast/distribute to the public Opinon Content, at its sole discretion, on issues of public concern. Contributor agrees to abide by and be governed by this Agreement and BEK News Opinion Content Standards, attached as Exhibit A.
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CompensationContributor shall not be compensated by BEK.
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BEK’s Rights
(a) Contributor hereby assigns to BEK a permanent nonexclusive license in and to any materials created or developed by Contributor pursuant to this Agreement (collectively, "Opinion Content"), including without limitation all copyrights, other intellectual property rights, and exploitation rights therein, in perpetuity, in any and all media whether now or hereafter known or devised, and by any and all technologies and means of delivery whether now or hereafter known or devised. BEK shall have exclusive control over the rebroadcast or other distribution of all Opinion Content broadcast by BEK and Contributor shall not rebroadcast or allow others to rebroadcast such Opinion Content without BEK’s written permission.
(b) Without limiting the foregoing, BEK's rights in the Opinion Content include the right to change, edit, and rearrange the Opinion Content, and subtract from, add to, and combine the Opinion Content with any other material, in whole or in part, as BEK and its successors and assigns determine in their sole discretion. BEK has no obligation to use the Opinion Content, or to create, produce, distribute, exploit, advertise, or promote the Opinion Content, or to exercise any rights granted herein.
(c) BEK at its sole discretion has the right to choose if contributor’s Opinion Content will be aired, when it will be aired, and the number of times it will be aired. BEK has no obligation to air any Opinion Content from the Contributor. -
Contributor’s Rights
(a) The Contributor has the right to review the final proposed broadcast version of the Opinion Content and withdraw the request to broadcast at Contributor’s sole digression.
(b) The Contributor has the right to one non-branded copy of the Opinion Content following its public broadcast.
(c) The Contributor is not entitled to a copy of any Opinion Content that was not broadcast. -
Use of Contributor's Name, Likeness and InformationContributor hereby grants to BEK and its affiliates, and each of their respective direct and indirect successors, licensees, and assigns, the right to use Contributor's name and image, likeness, and biographical and professional information in connection with the distribution, advertising and promotion of the Opinion Content in perpetuity, throughout the universe, in any and all media whether now or hereafter known or devised, and by any and all technologies and means of delivery whether now or hereafter known or devised, without further consent from or any royalty, payment, or other compensation to Contributor.
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Compliance with Broadcast StandardsContributor agrees that all Opinion Content shall comply with BEK News Opinion Content Standards, attached as Exhibit A.
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Representations and Warranties
Contributor hereby represents and warrants that Contributor is at least eighteen (18) years of age and has the right to enter into this Agreement or if Contributor is not at least eighteen (18) years of age, the Contributor is submitting the consent of the Contributor’s parent or legal guardian. Contributor also represents and warrants that Contributor has the right to grant the rights granted herein, and to perform fully Contributor's obligations set forth in this Agreement;
(b) Contributor's participation and provision of Opinion Content, and the use by BEK or any other party of the Opinion Content, and any rights granted hereunder, do not and will not defame or violate any right (including, without limitation, copyright, trademark, trade secret, or privacy or publicity rights) of, or conflict with or violate any contract or agreement with or commitment made to any person or entity;
(c) no consent or authorization from, or any payment to, any third party is required in connection with Contributor's provision of the Opinion Content hereunder;
(d) any material furnished by Contributor hereunder is and will be wholly original with Contributor, is not and will not be copied in whole or in part or be based upon any other work unless credited to the originator, and has not been and will not be exploited in any manner or medium other than by BEK; and
(e) Contributor will comply with all applicable federal, state, and local laws and regulations. -
IndemnificationContributor shall indemnify, defend, and hold harmless BEK and its affiliates, and its and their respective officers, directors, employees, agents, successors, and assigns, from and against any claims, judgments, damages, liabilities, settlements, losses, costs, and expenses, including attorneys' fees and disbursements, arising from or relating to: (a) bodily injury, death of any person, or damage to real or personal property resulting from Contributor's acts or omissions; or (b) any breach by Contributor of Contributor's representations, warranties, or other obligations hereunder.
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Relationship of the PartiesContributor is an uncompensated independent contractor of BEK, and this Agreement will not be construed to create any association, partnership, joint venture, employee, or agency relationship between Contributor and BEK for any purpose. Contributor has no authority (and shall not hold Contributor out as having authority) to bind BEK and shall not make any agreements or representations on BEK's behalf without BEK's prior written consent.
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Miscellaneous
(a) No waiver by any party of any of the provisions hereof will be effective unless explicitly set out in writing and signed by the party so waiving. No waiver by any party will operate or be construed as a waiver of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
(b) This Agreement is binding on and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
(c) This Agreement and all matters arising out of this Agreement, including tort and statutory claims are governed by the laws of North Dakota, without giving effect to any conflict of laws provisions thereof. Either party shall institute any legal suit, action, or proceeding arising out of this Agreement in the state of North Dakota District Court, in Burleigh County, and each party irrevocably submits to the exclusive jurisdiction of such court in any legal suit, action, or proceeding.
(d) This Agreement, including any exhibits and schedules incorporated by reference, constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter. No amendment to this Agreement is effective unless it is in writing and signed by an authorized representative of each party. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Agreement nor invalidate or render unenforceable such term or provision in any other jurisdiction. -
Legal AgreementThis Agreement may be executed in counterparts, each of which is deemed an original, but all of which together are deemed to be one and the same agreement. A signed copy of this Agreement delivered by facsimile, email, or other means of electronic transmission is deemed to have the same legal effect as delivery of an original signed copy of this Agreement.
EXHIBIT A
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BEK NEWS OPINION CONTENT STANDARDSBEK News WE THE PEOPLE – Free Speech on BEK will allow Opinion Content Contributors a 3 - minute segment which will be aired 5 times during the air date period.
The FCC is barred by law from preventing the broadcast of any point of view. The Communications Act prohibits the FCC from censoring broadcast material, in most cases, and from making any regulation that would interfere with freedom of speech. Expressions of views that do not involve a "clear and present danger of serious, substantive evil" are protected by the United States Constitution, which guarantees freedom of speech and freedom of the press and prevents suppression of these expressions by the FCC. According to an FCC opinion on this subject, "the public interest is best served by permitting free expression of views." This principle ensures that the most diverse and opposing opinions will be expressed, even though some may be highly offensive.
The FCC, however, does have enforcement responsibilities in certain limited instances. For example, the Courts have said that indecent material is protected by the First Amendment to the Constitution and cannot be banned entirely. It may be restricted, however, in order to avoid its broadcast when there is a reasonable risk that children may be in the audience.
Consistent with the following FCC and BEK News guidelines, BEK News WE THE PEOPLE – Free Speech on BEK will allow Opinion Content Contributors great latitude to exercise freedom of speech.
All WE THE PEOPLE – Free Speech on BEK Opinion Programing: -
FCC & BEK News Guidelines:
- Content meeting the FCC guidelines concerning the broadcasting of obscene, indecent, and/or profane material is prohibited. (a) Obscene content is not protected by the First Amendment. For content to be ruled obscene, it must meet a three-pronged test established by the United States Supreme Court: It must appeal to an average person's prurient interest; depict or describe sexual conduct in a "patently offensive" way; and, taken as a whole, lack serious literary, artistic, political or scientific value. (b) Indecent content portrays sexual or excretory organs or activities in a way that is patently offensive but does not meet the three-prong test for obscenity. (c) Profane content includes "grossly offensive" language that is considered a public nuisance
- Must not violate applicable federal, state and local laws.
- May not contain any defamatory or libelous material, or material which presents any person in a false light or which constitutes an invasion of any person’s privacy.
- May not contain any violent images or descriptions.
- Broad Racist and Sexist comments will not be permitted.
- May not infringe any copyright or trademark, must credit any reference material shown or used.
- May not promote, endorse, or advertise any private business, commercial service or product or profit-making activity, but may compliment or criticize a businesses behavior in the community
- May not promote or endorse any lottery or any device, scheme, plan, contest or other program and/or presentation which involves directly or indirectly the elements of a prize, chance and/or consideration of money or a thing of value.
- May be submitted by a minor if written permission is signed by a parent or a legal guardian.
- Shall be factually accurate, and shall provide source documentation for any claims, accusations, points of discussion.
- Must clearly discern the difference between facts, opinions, beliefs and projections.
BEK News reserves the right to reject any proposed Opinion Programing at its sole discretion.
- Content meeting the FCC guidelines concerning the broadcasting of obscene, indecent, and/or profane material is prohibited. (a) Obscene content is not protected by the First Amendment. For content to be ruled obscene, it must meet a three-pronged test established by the United States Supreme Court: It must appeal to an average person's prurient interest; depict or describe sexual conduct in a "patently offensive" way; and, taken as a whole, lack serious literary, artistic, political or scientific value. (b) Indecent content portrays sexual or excretory organs or activities in a way that is patently offensive but does not meet the three-prong test for obscenity. (c) Profane content includes "grossly offensive" language that is considered a public nuisance