Content License Agreement
Multifamily Podcast Network / Content License Agreement
July 6, 2022
Multifamily Leadership, LLC + Multifamily Podcast Network (“MPN”) owns, operates, and publishes an audio content delivery service currently known as “Multifamily Podcast Network”, which includes websites, widgets, Internet domains, audio and video content, and applications—operated on first party or third party platforms.
I authorize Multifamily Podcast Network to create a registration account located at www.multifamilypodcastnetwork.com and to use the destination URL and RSS feed provided by me into the registration account so as to allow the inclusion of my audio and/or video content, including, without limitation, any associated creative materials, intellectual property, metadata, images or other associated content (the “Podcast”), in Multifamily Podcast Network. By providing this destination URL and RSS feed and publishing my Podcast to this destination I hereby acknowledge and agree as follows:
I hereby grant MPN a worldwide, non-exclusive, sublicensable, royalty-free license to (i) use and distribute the Podcast in conjunction with Multifamily Podcast Network, (ii) display the Podcast through Multifamily Podcast Network to end users of Multifamily Podcast Network; and (iii) reproduce, transcode, copy, split into shorter tracks, and process the Podcast.
MPN may present advertisements to end users in connection with the Podcast, including, without limitation (i) before the Podcast is displayed or provided (e.g. a “Pre-Roll Advertisement”); (ii) after the Podcast is displayed or provided (e.g. a “Post-Roll Advertisement”); and (iii) contemporaneously while the Podcast is played (e.g. a “Display Advertisement”).
I acknowledge and agree that I will not receive any revenue associated with the sale by MPN of any such advertisements. I am providing the Podcast at no cost to MPN and MPN shall not be required to pay me any fee in connection with its use of the Podcast. I understand that Multifamily Podcast Network shall be under no obligation to make the Podcast available via Multifamily Podcast Network and may remove the Podcast from Multifamily Podcast Network at any time without notice to me or liability to Multifamily Podcast Network.
Multifamily Podcast Network may use the Podcast, at no cost, in connection with any aspect of Multifamily Podcast Network including any paid tiers. I grant MPN a worldwide, non-exclusive, sublicensable, royalty-free license to use, reproduce, publish, and distribute the registered and unregistered trademarks, service marks, logos and trade names as used in any Podcast.
I hereby certify that (i) the Podcast’s RSS feed includes metadata that accurately and appropriately describes the content of Podcast using Apple’s podcasting categories; and (ii) if the Podcast is directed toward children or anyone under the age of 13, the metadata includes at least one of the following tags: Kids & Family; Kids & Family—Education for Kids; Kids & Family—Pets & Animals; and Kids & Family—Stories for Kids.
I have all necessary rights, title, and interest in and to the Podcast; I shall procure and maintain all necessary public performance rights, music publishing and performance rights, consents, licenses, and clearances with respect to its offering of the Podcast; and the Podcast and any portion thereof (including any third party content included in the Podcast) do not and will not (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral rights, privacy rights, rights of publicity, or any other intellectual property or proprietary right, or (b) otherwise violate MPN’s Podcast Content Policy [https://Multifamily Podcast Network.com/legal/pcp/] or any law. I shall immediately notify MPN if I become aware that any of the foregoing is untrue. MPN may enter into similar agreements with any other person.
I will not make any oral or written statements, press releases, advertisements or other marketing statements regarding MPN’s inclusion of the Podcast in Multifamily Podcast Network without MPN’s prior written consent. MPN may advertise the Podcast’s presence in Multifamily Podcast Network.
I understand that the Multifamily Podcast Network may at any time delete this destination from my registration account temporarily or permanently at MPN’s sole discretion. I understand that MPN does not endorse any Podcast content submitted to Multifamily Podcast Network by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and MPN expressly disclaims any and all liability in connection with such content.
MPN does not permit copyright infringing activities and infringement of intellectual property rights on Multifamily Podcast Network, and MPN will remove all content if properly notified that such content infringes on another’s intellectual property rights. MPN reserves the right to remove content without prior notice. If I believe that any work has been copied in a way that constitutes copyright infringement, I should send written notification thereof, in accordance with the provisions of the Digital Millennium Copyright Act, to Multifamily Leadership, LLC, who can be reached as follows:
Multifamily Leadership, LLC
7720 E. Gelding Drive, Suite 100
Scottsdale, AZ 85260
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Multifamily Podcast Network to locate the material; (iv) Information reasonably sufficient to permit Multifamily Podcast Network to contact the complaining party, such as an address, telephone number, and, if available, an email address; (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
As between me and MPN, I retain all right, title and interest in and to the Podcast, and all right, title and interest in and to the intellectual property rights embodied in the Podcast. As between me and MPN, MPN retains all right, title and interest in and to Multifamily Podcast Network, and all right, title and interest in and to the intellectual property rights embodied in Multifamily Podcast Network.
MPN hereby grants to you, for so long as you have a Podcast in Multifamily Podcast Network, a non-exclusive, non-transferable, non-sublicensable, royalty-free, limited license throughout the world to: (1) use and display solely the “Listen On Multifamily Podcast Network” button and logo (“Podcast Mark”) solely on your website and with a hyperlink to your Podcast in Multifamily Podcast Network; (2) use of @Multifamily Podcast Network handle in connection with social media posts promoting your Podcast in Multifamily Podcast Network and with a hyperlink to your Podcast in Multifamily Podcast Network; and (3) reference Multifamily Podcast Network name in pre-approved press releases. It is understood and agreed that MPN shall retain exclusive title to and ownership of its names, logos, handles, hashtags, and the Podcast Mark (“MPN IP”) and that no title or ownership is hereby transferred to you. All use by you shall inure solely to the benefit of MPN.
You agree that any use of the MPN IP shall be rendered in accordance with such specifications and standards as may be communicated by MPN to you from time to time; provided that you shall be given five (5) days’ time after notice to (i) comply with MPN’s request with respect to usage of the MPN IP; or (ii) cease use of MPN IP. All uses of the MPN IP will be in good taste and in such a manner as will maintain and enhance the value of the MPN IP and the reputation for high quality associated with the MPN IP. MPN shall have the right, through its employees or designated representatives, to verify your compliance with the quality standards established by MPN with respect to your usage of the MPN IP. You recognize and acknowledge MPN’s rights in and to the MPN IP, that MPN has significant goodwill associated with the MPN IP, and that it is critical to MPN that such goodwill be protected and enhanced. You agree that you will not attack or contest the validity, title, and/or any rights of MPN in or to the MPN IP; use any colorable imitation, apply to register or maintain any application or registration of the MPN IP or any other mark confusingly similar thereto in any jurisdiction; take any action that would tend to destroy or diminish the goodwill of the MPN IP; misuse the MPN IP, which shall mean use inconsistent with these terms and conditions; or take any action that would bring the MPN IP into public disrepute.