Broadcasting Agreement sample
Broadcasting Agreement Governs terms for broadcasting content, including broadcast rights, royalties, and content delivery specifications.
This Broadcasting Agreement (the "Agreement") is entered into as of the date of the last signature below (the "Effective Date"), by and between Stellar Productions, a company incorporated under the laws of the United States, having a principal place of business at [Address] ("Licensor"), and Horizon TV Network, a company incorporated under the laws of the United States, having a principal place of business at [Address] ("Licensee").
1.1. Exclusive Broadcasting Rights
Licensor hereby grants to Licensee the exclusive rights to broadcast, transmit, and distribute the documentaries specified in Schedule A (the "Documentaries") via the Licensee's television network and its affiliated platforms within the United States for a period of two (2) years commencing on the Effective Date (the "Term").
2.1. Licensing Fee
As consideration for the grant of rights under this Agreement, Licensee shall pay to Licensor a licensing fee of [Amount in Words] Dollars (USD [Amount in Figures]) (the "Licensing Fee"). The Licensing Fee is due within thirty (30) days of receipt of invoice from Licensor, but in no event later than thirty (30) days from the Effective Date. Failure to pay the Licensing Fee as per the terms specified in this Agreement shall be a material breach of the Agreement, and Licensor may terminate the Agreement upon written notice to Licensee.
3.1. Formats and Deadlines
Licensor shall deliver the Documentaries to Licensee in digital high-definition video format (HD) no later than [Date] (the "Delivery Date"). Licensee shall notify Licensor in writing of any required format specifications for the Documentaries within ten (10) days following the execution of this Agreement. Any changes to the Delivery Date must be mutually agreed upon by the Parties in writing.
3.2. Content Standards
The Documentaries shall be in line with the description provided in Schedule A and shall be of high quality, both in terms of production and content. The Documentaries shall comply with all content standards and requirements as stipulated by applicable laws and regulations in the United States.
4.1. Ownership
Licensor represents and warrants that it is the sole and exclusive owner of all intellectual property rights in and to the Documentaries (collectively, the "Intellectual Property") or has obtained all necessary rights, licenses, and permissions to grant Licensee the license to use the Documentaries as contemplated herein. Nothing in this Agreement shall be construed to transfer, assign, or otherwise convey any ownership interest in the Intellectual Property from Licensor to Licensee.
Licensee shall provide appropriate credits to Licensor, its contributors, or other third parties, if any, as specified by Licensor for the Documentaries broadcast by Licensee under this Agreement.
5.1. Mutual Warranties and Representations
Each Party represents and warrants to the other that: (a) it has the full right and authority to enter into, execute, and perform its obligations under this Agreement; (b) the execution of this Agreement and the performance of its obligations hereunder do not and will not violate any other agreement to which it is a party or by which it is bound; (c) this Agreement constitutes a legal, valid, and binding obligation, enforceable against it in accordance with its terms, subject to the effect of bankruptcy, insolvency, reorganization, or other laws affecting creditors' rights generally and to general principles of equity.
5.2. Licensor's Warranties and Representations
Licensor represents and warrants that: (a) the Documentaries and their content do not infringe upon any intellectual property rights, including but not limited to, copyrights, trademarks, or trade secrets, of any third party; (b) the Documentaries and their content do not defame, invade privacy, or violate any rights of publicity or personality rights of any third party; and (c) the Documentaries and their content do not violate any applicable laws or regulations of the United States.
6.1. Indemnity
Each Party agrees to indemnify, defend, and hold harmless the other Party and its affiliates, and their respective officers, directors, employees, agents, successors, and assigns, from and against any and all claims, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or resulting from any breach or alleged breach of its representations, warranties, or obligations herein, including any third-party claims that the Documentaries infringe or misappropriate any intellectual property, privacy, or publicity rights, or the violation of any applicable laws or regulations.
7.1. Termination for Material Breach
Either Party may terminate this Agreement upon written notice to the other Party if the other Party materially breaches any term or condition of this Agreement and fails to cure such breach within thirty (30) days following receipt of written notice thereof.
7.2. Effect of Termination
Upon the termination of this Agreement for any reason, all rights granted to Licensee under this Agreement shall immediately revert to Licensor, and Licensee shall cease all use of the Documentaries and remove all copies thereof from its platforms.
8.1. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United States, without reference to conflict of laws principles.
8.2. Dispute Resolution
In the event of any dispute, controversy, or claim arising out of or relating to this Agreement, the Parties shall first attempt to resolve such dispute in good faith through negotiations. If the Parties fail to resolve the dispute through negotiations within thirty (30) days, either Party may submit the dispute to binding arbitration administered by the [Insert Name of Arbitration Association] in accordance with its then-current Commercial Arbitration Rules. Arbitration shall take place in [Insert City and State], and the language to be used in the arbitral proceedings shall be English.
9.1. Entire Agreement
This Agreement constitutes the entire understanding and agreement between the Parties concerning the subject matter hereof and supersedes all prior and contemporaneous agreements, whether oral or written, between the Parties relating thereto. This Agreement may be amended or modified only by a written instrument executed by both Parties.
All notices, requests, demands, and other communications under this Agreement must be in writing, sent to the respective addresses first set forth above [or such other address as a Party may designate in writing], and shall be deemed to have been duly given when delivered by hand, recognized courier, or upon receipt if sent by registered or certified mail, return receipt requested, postage prepaid.
9.3. No Waiver
The failure of either Party at any time to require performance by the other Party of any provision of this Agreement shall in no way affect the full right to require such performance at any time thereafter, nor shall the waiver by either Party of a breach of any provision of this Agreement be taken or held to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.
STELLAR PRODUCTIONS HORIZON TV NETWORK
By: _________________________ By: __________________________
Name: _____________________ Name: ________________________
Title: ______________________ Title: ________________________
Date: ______________________ Date: ________________________
SCHEDULE A: DESCRIPTION OF DOCUMENTARIES
[Insert Description of Documentaries to be Licensed]
