MATERIALS RELEASE AGREEMENT
TO: MELISSAMIDWEST.COM/MELTECH, INC. Dated: __________________________
I,
______________________________________________________________, represent,
warrant and agree as follows:
1. The
following photographs, videotapes, audio recordings and/or other artwork
(collectively, "Materials")
are in my possession and are the subjects of this Material Release Agreement
("Agreement"):
2. By signing this Agreement, and for good
and valuable consideration, the receipt of which is hereby acknowledged, I
grant MELISSAMIDWEST.COM/MELTECH,INC. and its successors, assigns and licensees
(collectively, "you") the irrevocable
right and license to photograph, reproduce, transmit, telecast and otherwise
use my Materials, including without limitation, all images, names, likenesses,
voices and sounds connected with the Materials, in any manner, in any and all
media now or hereafter devised (including as set dressing and/or on screen
props and to edit, crop or juxtapose the Materials), in perpetuity and
throughout the universe, including without limitation, for the purpose of
producing, distributing and exploiting the contest and or website currently entitled "MELISSACONTEST.COM" ("WEBSITE"), any other production in which the Materials
are incorporated, and in connection with advertising, publicizing, and
promotion of the Program, you and your related and affiliated entities,
licensees and assigns as you may determine in your sole discretion. Without limiting the generality of the
foregoing, I agree that the rights granted hereunder shall include your
perpetual, worldwide right to edit, telecast, rerun, record, publish,
reproduce, use, license, print, distribute or otherwise exploit, in any manner
and in any media or forum, whether now known or hereafter devised, the Program
and/or any other production in which the Materials are incorporated, in whole
or in part, without any additional monetary compensation to me.
3. I represent and warrant that I have the
sole right and authority, as copyright owner in the Materials, to grant the
rights granted to you hereunder and that the consent of no other person, firm,
corporation or entity is required to enable you to use the Materials as
described herein, and that such use by you will not violate the rights of any
third parties. I agree that I will not
assert, maintain or assist other persons in asserting or maintaining against
you or your related and affiliated entities, successors, assigns and licensees,
any claim, action, suit or demand of any kind or nature whatsoever, related to
the use of the Materials, including but not limited to, those grounded upon
copyright or trademark infringement, invasion of privacy, rights or publicity,
other civil rights, or any other reason in connection with the use of the Materials
in the Program or in other productions.
4.
I
will indemnify and hold harmless you and your related and affiliated entities,
successors, assigns and licensees from and against any and all claims,
liabilities, demands, actions causes of action, costs and expenses (including
attorneys' fees and court costs) whatsoever, at law or in equity, known or
unknown, anticipated or unanticipated, arising out of their use of the
Materials as provided herein, and for breach of any representation or warranty
made by me herein. To the fullest extent
allowable under any applicable law, I also hereby expressly waive any and all
so-called "moral rights" in the Materials as used pursuant to the
terms hereto.
5.
I
acknowledge that you shall have the right but not the obligation to utilize my
Materials in the WEBSITE/CONTEST, other programs, or in advertising,
publicizing, exhibiting or exploiting same, in whole or in part. I acknowledge that you are proceeding with
the production, distribution and exploitation of the Program in reliance upon
and induced by this Agreement and therefore will not terminate, rescind or
revoke this Agreement for any reason. I acknowledge that no payments resulting
from the Program shall become due and owing to me for any present or future
uses or exploitations, and I hereby release you and your related and affiliated
entities, successors, assigns and licensees from any claims, obligations or
liability related thereto.
6. In the event that you are in breach of
any provision of this Agreement and/or any other agreement entered into between
the parties, I specifically acknowledge and agree that the damage, if any,
caused thereby will not be irreparable or otherwise sufficient to entitle me to
injunctive or any other form of equitable relief. My rights and remedies in any such event
shall be strictly limited to the right to recover monetary damages, if any, in
an action at law. Without limiting the
forgoing, I shall not be entitled by reason of any such breach to terminate or
rescind this Agreement nor to enjoin, restrain or otherwise impair your
exercise of any of the rights and privileges granted or to be granted to you
hereunder, nor to restrain, enjoin or otherwise impair you property or assets
or the development, production, exhibition and/or exploitation of the
WEBSITE/CONTEST or any advertising, publicity or promotion in connection
therewith.
7. This Agreement contains the full and
complete understanding between the parties and super cedes all prior agreements
and understandings pertaining hereto and cannot be modified except by a writing
signed by each party.
ACCEPTED AND AGREED TO:
MELISSAMIDWEST.COM/MELTECH, INC.
(Signature)
(Print Name)
(Date of Birth)
(Address)
Telephone No.:
ALL CONTESTENTS MUST BE AT LEAST 19 YEARS OF AGE OR OLDER ON
OR BEFORE AUGUST 10TH 2006 AND LIVE IN THE CONTINENTAL UNTIED STATES.