The following shall constitute the sole agreement between
The Radio Reading Project, Inc. ("GATEWAVE"), having principal offices at
244 Fifth Avenue in New York City, New York, and $affiliateName$
("COMPANY"), having offices at $affiliateAddr$, with respect to
COMPANY'S right to utilize GATEWAVE radio broadcasts.
- Grant of License: GATEWAVE hereby grants to COMPANY, on a non-exclusive
basis, for use in one facility only, a royalty-free license for the
transmission of all GATEWAVE radio programs consisting primarily of the
performance of nondramatic literary work directed to a target audience
that includes blind, visually impaired or other persons who are unable
to read printed material.
- Term: The term of this Agreement shall be one (1) calendar year
(January through December) commencing upon GATEWAVE's receipt of the annual
User Fee and survey. The Agreement shall be automatically renewed
annually for successive one-year terms subject to Paragraph 10. Fee may
not be pro-rated.
- Fee: COMPANY agrees to pay an annual user fee, currently S200.00, not
less than thirty (30) days prior to commencement of each annual period.
The user fee is subject to change from time to time upon notification.
- Survey Requirement: COMPANY agrees to participate in an annual GATEWAVE
affiliate survey and submit a completed survey with payment of each
annual Fee.
- COMPANY Option as to Programs: Nothing herein shall prevent or
hinder COMPANY:
- From rejecting or refusing to broadcast any program
that COMPANY reasonably believes to be unsatisfactory or unsuitable
or contrary to the public interest; or
- From substituting for any program, regardless of content, another
of local or national interest.
- GATEWAVE Option as to Programs: ITN shall have the right at any time and
without notice, to substitute for any scheduled GATEWAVE program another
program.
- Terms of Use: COMPANY transmission of GATEWAVE programs hereunder shall
be subject to the following:
- COMPANY shall not without prior written authorization from GATEWAVE make
any deletions or additions to any program that is furnished by GATEWAVE or
insert any commercial or other third party announcements therein;
- COMPANY shall not sell GATEWAVE programs for commercial sponsorship;
- COMPANY shall not delete the GATEWAVE identification or the promotional
or production credit announcements from any GATEWAVE program, except that
COMPANY may omit announcements pertaining to a program that COMPANY is
not going to broadcast.
- No Duplication: COMPANY shall not, without GATEWAVE prior written consent,
authorize, cause or permit any program furnished to COMPANY hereunder
to be recorded, duplicated or otherwise used for any purpose other than
transmission by COMPANY at its facility as herein provided.
- Liability: GATEWAVE shall not incur any liability for failure to deliver
or transmit the GATEWAVE Service or any part thereof to the User. ITN shall
not incur any liability for faulty transmission; GATEWAVE will not and cannot
guarantee the quality of the transmission.
- Assignment: COMPANY shall not assign any of its rights hereunder.
- Termination: This Agreement may be terminated by either party upon
sixty (60) days written notice to the other, and GATEWAVE may terminate this
agreement immediately for any breach or noncompliance with the above
terms.
- Governing Law: This Agreement shall be governed by the laws of the
State of New York.
- Modification: This Agreement may not be changed, modified or amended
except by written agreement signed by both parties.