Non-Exclusive Promotional Content License Agreement
By agreeing to these terms, you enter into a non-exclusive promotional content license agreement for the stimTV™ Broadband Internet network with NPOWR Digital Media, Inc (hereinafter “NPOWR”) as follows:
1. You shall consult with and provide NPOWR your choice of your cleared, royalty free promotional content from your music video catalogue, including archival, current and ongoing promotional content for broadcast on the stimTV™ network (hereinafter the “promotional content”). Promotional content may include any separate products for which you have and/or acquire the necessary rights to promote and market, such as merchandise. Use of the promotional content by NPOWR shall be non-exclusive. NPOWR shall have the right to use the promotional content in its entirety, as well as to make one or more intact lifts, from each piece of promotional content.
2. The initial term of the agreement shall be for two (2) years, commencing on the date of your agreement to these terms. Said initial term shall be automatically followed by two (2) succeeding additional year terms, subject to the right of either party to terminate the agreement, at the end of any term, upon six (6) months prior written notice. Upon receipt of written notice of termination, if any, NPOWR shall have the right to utilize and you have the right to benefit from NPOWR’s use of the promotional content, then appearing on stimTV™, for an unlimited period, but in no event for a period of less than one (1) year from the date of expiration of the applicable term (the “playoff period”).
3. You hereby grant to NPOWR the right – and NPOWR accepts the obligation to – “tag” each piece of promotional content provided, which NPOWR agrees to air, with the information necessary to allow the effective use of the content on stimTV™, and to make intact lifts from the content provided to better fit the stimTV™ format. Costs associated with said tagging and intact lifting, if any, during the initial term, shall be borne solely by NPOWR.
4. You will provide NPOWR with promotional content in one of the following formats: DVD, VHS, BETA, or MINIDV format.
5. You will be requested to provide NPOWR with a current list of preferred fulfillment relationships for your products represented by the promotional content hereunder.
6. You agree to jointly investigate and explore with NPOWR the establishment of potentially mutually beneficial co-promotional relationships in connection with your products covered hereby.
