Limited Statutory License to Transmit in an Internet Radio Show

You have rights! (Copyrights). This is a non-exclusive license agreement between you and the Media Broadcast Network which allows us to transmit your individual song, if selected, over our network and its affiliates.  By submitting this form, below, you are agreeing to be bound by these terms and conditions.

I. Definitions:

Except as otherwise provided in this document, as used in this document, the following terms and their variant forms mean the following:


"Copyright Owner", with respect to any one of the exclusive rights comprised in a copyright, refers to the owner of that particular right.


"Digital Transmission" is a transmission in whole or in part in a digital or other non-analog format.


"Financial Gain" includes receipt, or expectation of receipt, of anything of value, including the receipt of other copyrighted works.


"Media Broadcast Network - MBN", A USA Corporation to include it's licensee's www.KickRadio.com , www.GlobalTop40.com , www.bMuze.com ,
www.popmyradio.com , www.thetop40charts.com , www.thetop10charts.com, www.top40charts.ning.com , www.kickradiolive.info, www.kickradio.net,
www.kickradio.org and any and all terrestrial and internet radio radio stations that license the show for re-broadcast in local markets around the world.  It is understood that terrestrial radio stations as well as internet radio stations (other than the Media Broadcast Network and it's affliates) that rebroadcast this show are responsible for payments of royalties for individual copyrighted songs outside of this license.


"Transmission Program" is a body of material that, as an aggregate, has been produced for the sole purpose of transmission to the public in sequence and as a unit.

"Transmit" to display and/or communicate works by any device or process whereby images or sounds are received beyond the place from which they are sent.

"Works" are material objects in which sounds, other than those accompanying a motion picture or other audiovisual work, are fixed by any method now known

or
later developed, and from which the sounds can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or
device.

The term "works" includes the material object in which the sounds are first fixed and includes any form of digital media used to transmit, transport or
otherwise deliver said sounds."


II. Scope:

Whereas this agreement is entered into between MBN and the copyright owner.

Whereas at the time of acceptance it is agreed and understood that all works provided by the copyright owner are done so under the provisions of Copyright Law of the United States of America and Related Laws contained in Title 17 of the United States Code specifically § 106. Exclusive rights in copyrighted works that states, in part, "The owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

Whereas, as the owner of the copyrighted work, you hereby authorize MBN the exclusive right, free from any other agreements, encumbrances, liens or rights granted to other parties not a part of this agreement, to transmit this work by way of digital transmission, either separately or in conjunction with
transmission programs, created and controlled by MBN.

Whereas it is understood that this agreement is free from any and all financial gain, that neither party will pursue financial gain at any time as a
result of this agreement to transmit said work and that the transmission of said work is for the sole purpose of promotion for both MBN and the copyright owner.

Whereas you, the copyright owner, expressly warrant and represent the following to MBN and acknowledge that MBN is relying upon such warranties and representations as follows:

(a) That all factual assertions you have made and will make to us are true and complete; that you have reached the age of majority and are otherwise
competent to enter into contracts in your jurisdiction; and that in any event you are at least 18 years of age.

(b) That you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to submit Materials on
the terms provided herein and to grant Media Broadcast Network the nonexclusive licenses set forth herein.

(c) That no other rights, approvals, consents, licenses and/or permissions are required from any other person or entity to submit your Materials on the
terms provided herein or to grant Media Broadcast Network the exclusive licenses set forth herein.

(d) That your Materials are original; that your Materials were either created solely by you or, by written assignment, you have acquired all worldwide
intellectual property rights in and to your Materials; that if your Materials contain any "samples" or excerpts from copyrightable work the rights to
which are owned in whole or in part by any person or entity other than you, that you have obtained and hold all rights, approvals, consents, licenses and/or permissions, in proper legal form, necessary to use and include such work in your Materials; and that your Materials do not otherwise infringe on the intellectual property rights of any person or entity.

(e) That neither your Materials nor any comments or reviews you post on the Site violate any common law or statutory patent, copyright, privacy, publicity, trademark or trade secret rights of any person or entity and are not libelous, defamatory, obscene or otherwise actionable at law or equity.

(f) That you have neither intentionally nor with gross negligence submitted any Materials containing or producing any virus or other harmful code or other information that could damage or otherwise interfere with our computer systems or data and/or that of our customers.

(g) You agree to sign and deliver to Media Broadcast Network any additional documents that Media Broadcast Network may request to confirm Media Broadcast Network's rights and your warranties and representations under this Agreement.

(h) You acknowledge that Media Broadcast Network is relying upon the representations, warranties and covenants you have made herein. You agree to and hereby do indemnify Media Broadcast Network, its licensees, assigns and customers against, and hold them harmless from, any loss, expense (including reasonable attorney fees and expenses), or damage occasioned by any claim, demand, suit, recovery, or settlement arising out of any breach or alleged breach of any of the representations, warranties or covenants made herein or arising out of any failure by you to fulfill any of the representations, warranties, or covenants you have made herein.

(i) All representations, warranties or covenants made herein by you shall survive termination of this Agreement.

(j) All warranties and representations made by you herein are made for the benefit of Media Broadcast Network and its sub-licensees and may be enforced separately by Media Broadcast Network and/or by any contractually designated sub-licensee of Media Broadcast Network.
 
III. Execution of Agreement

Therefore in consideration of MBN's efforts to provide your work with worldwide public exposure you expressly authorize MBN to transmit in any manner, form or media whether now known or hereafter devised, any work you submit to MBN with the understanding that said transmission will be without limitations and within the scope of this agreement as set forth above.
Therefor as the copyright owner you hereby expressly grant MBN a Non-Exclusive and Non-Transferable Royalty-Free License:

a) to make copies as necessary to transmit said work to the public for the sole purpose of promoting said work on behalf of you, the copyright owner,

b) to use your work for the purpose of promoting MBN's products and services,

c) to use materials, as provided by the copyright owner to include all names, likenesses, biographical information, logos, marks or trade names of the
copyright owner and individuals performing on or otherwise represented in or by this work,

(d) free from financial gain to you, any other persons, entities, groups or associations.

IV. Amendment and Termination

Any party to this agreement may request that it be amended, whereupon the parties will consult to reach a consensus on the proposed amendment. Where no consensus can be reached, the agreement will not be amended. Any signatory to this agreement may terminate it by providing thirty (30) days notice to the other parties, provided that the signatories and concurring parties will consult during the period prior to termination to seek agreement on amendments or other actions that would avoid termination.

Therefore it is agreed the rights and licenses you grant herein pursuant to this license shall terminate when, in accordance with this Agreement, you
exercise your right to request removal of any or all works or materials freely provided.

You have rights! (Copyrights). This is a non-exclusive license agreement between you and the Media Broadcast Network which allows us to transmit your individual song, if selected, over our network and its affiliates.  By submitting this form, below, you are agreeing to be bound by these terms and conditions.