END USER LICENSE AGREEMENT.
By accepting the following terms and conditions, you and any company(ies) you represent (“Applicant”):
(i) indicate an intent to become an “Affiliate” of the networks operated or supervised by the US Agency for Global Media (the “Networks”), which are Voice of America (“VOA”), Radio Free Asia (“RFA”), Middle East Broadcasting Networks (“MBN”), Radio Free Europe/Radio Liberty (“RFE/RL”) and
(ii) hereby agree to the following:
Whereas, the United States Agency for Global Media (“USAGM”), with its headquarters located at 330 Independence Avenue, S.W., Washington, D.C. 20237, is an entity of the United States Government;
Whereas, the USAGM has created the USAGM Direct website as part of its mission to promote open communication and ideas among the peoples of the world; and
Whereas, Applicant has requested permission to use the Networks’ content located on the USAGM Direct website (the “Content”).
Now, therefore, USAGM hereby grants permission to Applicant to use the USAGM Direct website, subject to the following conditions:
Applicant confirms that the person here acting for Applicant is over the age of 18 and consents to the collection of the information requested in the Registration Form. Applicant confirms that it is located outside the United States.
Applicant understands and agrees that Applicant may not intentionally broadcast, distribute, or transmit the Content into the United States, its possessions, or its territories unless Applicant is given prior express permission in writing from USAGM to do so.
Applicant may not use the Content in conjunction with: content regarding products or services or a prurient or sexual nature, political advertisements, or advertisements for weapons, alcohol or tobacco. Applicant also agrees that Applicant will use its best efforts to prevent the appearance of the endorsement of any advertised products or services by the U.S. Government, the USAGM, the Networks, or USAGM Direct.
Applicant shall credit “VOA” or “Voice of America;” “Radio Free Europe/Radio Liberty;” “RFA” or “Radio Free Asia;” “MBN” or “Middle East Broadcasting Networks;” as appropriate for any Content used. When using RFE/RL material, Applicant must comply with RFE/RL’s brand standards, which are set forth at Branding Page
Upon request, Applicant shall provide USAGM with periodic updates on the demographics of its user base, if available.
Applicant agrees that it will not contest the ownership or validity of any trademarks affiliated with any materials either obtained or accessed through USAGM Direct, nor will Applicant contest the ownership or validity of any copyright protected materials obtained or accessed through USAGM Direct.
Applicant agrees that it will immediately remove from its website(s) and cease any and all use of any Content upon receipt of a written request from the USAGM that specifically identifies the Content that may no longer be accessed or used.
Applicant consents to periodic monitoring by USAGM, at USAGM’s discretion, of Applicant’s use of the Content.
Applicant agrees that it will not upload any viruses, Trojan horses, worms, malicious software (“malware”), or other forms of unauthorized software to the USAGM Direct website or any other U.S. Government website. Additionally, Applicant agrees that it will not participate in or initiate any directed denial of service attacks on the USAGM Direct website or any other U.S. Government website.
The USAGM reserves the right to discontinue the USAGM Direct website or modify the terms of this EULA at any time and without warning. Nothing in this Agreement shall be deemed to create any form of obligation on the USAGM to update or maintain the USAGM Direct website in any fashion.
Any rights or authorities not explicitly granted herein to Applicant are reserved and retained by the USAGM.
By clicking “Accept,” Applicant expressly consents to and executes this affiliation agreement and, subject to USAGM’s approval, agrees to become an Affiliate of the Networks. If Applicant should at any point ever lose its Affiliate status for any reason, Applicant’s account with USAGM Direct will be terminated.
USAGM Direct does not collect any personal information about you when you visit our website unless you choose to provide that information to us.
Information Collected and Stored Automatically
If you do not log in during your visit but browse through the website, read pages, or download information, we will gather and store certain information about your visit automatically. This information does not identify you personally. The information we automatically collect and store about your visit includes but is not limited to:
· The internet domain (for example, "xcompany.com" if you use a private Internet access account, or "yourschool.edu" if you connect from a university's domain) and IP address (an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web) from which you access our website;
· The type of browser and operating system used to access our site;
· The date and time you access our site;
· The pages you visit; and
· If you linked to this website from another website, the address of that other website.
By creating an account and logging in you agree to let the USAGM automatically track the browsing and downloading behavior USAGM Direct website.
If You Send Us Personal Information
If you choose to provide us with personal information by sending an e-mail to us, or by filling out a form with your personal information and submitting it through our website, we use that information to respond to your message and to help us get the information you have requested. If you provide us with personal information when creating an account, we will only use that information to maintain a relationship with you and your company. We do not collect personal information for any other purposes. Moreover, we do not give this information to any private organizations. Nor do we collect or share information for commercial marketing.
We would share your e-mail with another federal government agency only if your inquiry related to that agency or if we were required to do so by law. In addition, we would release documents, including e-mails, if required to do so by a congressional or judicial subpoena.
Information Collected for Tracking and Customization (Cookies)
A cookie is a small file that a website transfers to your computer to allow it to remember specific information about your session while you are connected. Your computer will only share the information in the cookie with the website that provided it, and no other website can request it. There are two types of cookies, session and persistent. Session cookies last only as long as your web browser is open. Once you close your browser, the session cookie disappears. Persistent cookies store information on your computer for longer periods of time.
The USAGM Affiliates’ site uses both session cookies and persistent cookies. The USAGM Direct site uses session cookies for technical purposes, such as to enable better navigation through the site, or to allow you to customize your preferences for interacting with the site. The USAGM Direct website also uses persistent cookies to remember you between visits so, for example, you can save your customized preference settings for future visits.
At no time is your private information, whether stored in persistent cookies or elsewhere, shared with third parties who have no right to that information. If you do not wish to have session or persistent cookies stored on your device, you can turn them off in your browser. However, this may affect the functioning of some USAGM Direct site features.
We may link to external sites that help us perform our mission, illustrate news reports, or connect to our Affiliates and partners. Links to external servers do not imply any official USAGM endorsement of the opinions or ideas expressed therein, nor do such links guarantee the validity of the information provided. Links to commercial sites are in no way an endorsement of any vendor's products or services. Links will be provided to external servers that are managed in a professional manner (i.e., those that are fully operational, available most of the time, do not serve inaccurate information or obscene graphics, etc.). This server will not link to external servers if such a link would appear to provide an official endorsement of fundraising efforts or lobbying for a political agenda.
The Networks do not broadcast in the United States. Their programs are intended for overseas audiences, as is the USAGM Direct website. Domestic American broadcasters utilizing similar tradenames and call letters are not affiliated with this international broadcasting agency.
All original text, audio and video material produced exclusively by VOA is in the public domain. However, the Content, including VOA content, may contain video, audio, images, graphics, and other copyrighted material that is licensed for use in the Networks’ programming only. This material is not in the public domain and may not be copied, redistributed, sold, or published without the express permission of the copyright owner.
All original content produced by RFE/RL, RFA, and MBN is protected by copyrights held by the respective companies.
Associated Press: certain Networks have licenses from Associated Press (“AP”) to use AP material, all of which is copyrighted and the property of Associated Press, and none of which may be copied, published, or redistributed without the written permission of the Associated Press. Associated Press text, photo, graphic, audio, and/or video material may not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium. Neither these AP materials nor any portion thereof may be stored in a computer except for personal and non-commercial use.[AN2]
Digital Millennium Copyright Act Notice
The USAGM respects the intellectual property of others, and we ask users of the USAGM Direct site to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, USAGM has adopted a policy that provides, in appropriate circumstances, for the termination of account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide USAGM’s Copyright Agent with the following information:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on USAGM Direct site are covered by a single notification, a representative list of such works on the site.
Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit USAGM to locate the material.
Information reasonably sufficient to permit USAGM to contact you, the complaining party.
A statement that you, the complaining party, have 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.
A statement that the information in the notification is accurate and, under penalty of perjury, that you, the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
This information should be sent to USAGM’s Copyright Agent, who can be reached by email at email@example.com or by regular mail at:
USAGM Copyright Agent
330 Independence Ave, SW
Washington, D.C. 20237
United States of America
III. AFFILIATION AGREEEMENT
The US Agency for Global Media (hereinafter referred to as the “USAGM”), an entity of the United States Government, with its headquarters located at 330 Independence Avenue, S.W., Washington, D.C. 20237
Applicant (hereinafter referred to as the “Distributor”),
The USAGM and the Distributor, as the Parties to this Agreement, hereby agree as follows:
ARTICLE I – RESPONSIBILIITES OF THE PARTIES
A. The Distributor agrees that it shall:
Receive programming from the USAGM Direct website and broadcast or use other electronic distribution means to distribute the USAGM provided programming in accordance with applicable international broadcast standards. The USAGM provided programming shall be broadcast or distributed through other electronic distribution means in its original form, language, and content without any alterations unless other dissemination rights are provided. The Distributor shall immediately notify the individual(s) identified in Article XI in writing of the date and time of the first broadcast or electronic distribution of USAGM provided programming. The Distributor shall be responsible for any fees and costs that may be incurred in the receipt and subsequent broadcast or use of other electronic distribution means to distribute the USAGM provided programs including, but not limited to, royalties, and costs for technical facilities, personnel, and downlinking.
See Registration Form, which is herein incorporated by reference for the following:
· Distributor city
· Distribution mean
· Distributor internet
· Address or frequency and transmission power
Obtain from the appropriate authorities any licenses or permission that may be necessary for the Distributor to provide broadcast services or other electronic distribution means to distribute the USAGM provided programs.
Affirm that it is operating in compliance with all relevant international, regional, and local copyright laws, regulations, and conventions. The Distributor also affirms that it is in compliance with all national and local licensing regulations and other applicable broadcasting laws or laws regarding electronic distribution that are currently in effect in the Distributor’s country of principal place of business. It is the responsibility of the Distributor to pay any local performance rights fees related to the distribution of the USAGM provided programs from the Distributor’s facility(ies)
Provide all labor, associated services, operation, and maintenance of equipment necessary for receiving and distributing the USAGM provided programs via broadcast means or other electronic distribution means.
B. The USAGM agrees that it will:
Provide the Distributor with programming via the USAGM Direct website.
Upon request, the USAGM may provide promotional material and approved stylized marks for use in advertising USAGM provided programming.
C. The Parties agree that:
The USAGM will be solely responsible for the content of all USAGM provided programming. All USAGM programs are subject to the Broadcast Principles set forth in the statutes concerning U.S. international broadcasters. USAGM programs, segments, or excerpts may not be used in a manner that alters their accuracy, balance, timeliness, or context. Exceptions to this rule can be made with express written permission of the USAGM.
The Distributor shall immediately refer any claims concerning the USAGM provided programming to the USAGM for its review and disposition pursuant to applicable law.
Any rights or authorities not explicitly granted herein to the Distributor are reserved and retained by the USAGM.
ARTICLE II – DISSEMINATION RIGHTS
A. The Distributor shall broadcast or use other electronic distribution means to distribute each USAGM provided program in accordance with the rights described in this Agreement. The rights available for each USAGM provided program shall be “Dissemination Rights,” as defined below. The rights provided do not include the right to sell or donate such footage to another entity and the rights under this Agreement are provided to Distributor on a non-exclusive basis.
Dissemination Rights: For each USAGM provided program designated as Dissemination Rights only, the Distributor shall broadcast or use other electronic distribution means to distribute the program in its entirety, without alteration, abridgement, or excerption.
B. In the event a date of expiration is identified for a program, the Distributor may broadcast or use other electronic distribution means to distribute the program prior to the expiration date. Within thirty (30) days of the date of expiration or the expiration or termination of this Agreement, the Distributor shall return to the USAGM or destroy all USAGM provided programs and provide a written certification to the USAGM that the programming has been destroyed.
ARTICLE III – TERM OF AGREEMENT
The term of this Agreement shall be for a period of five (5) years beginning on the date of execution of this agreement by both Parties.
ARTICLE IV – MONETARY OBLIGATIONS
Except as provided under Article I, neither Party shall have any monetary obligations under this Agreement. The sole consideration hereunder is in the form of various mutual covenants and undertakings of each respective party as detailed herein. Each Party bears the costs and risks associated with fulfilling its covenants and undertakings and shall have no additional obligations in the event of early termination of this Agreement.
ARTICLE V – ADVERTISEMENTS AND ON-AIR CREDITS
A. The Distributor may broadcast or use other electronic distribution means to distribute its own station announcements before or after USAGM programs. Station announcements also may be broadcast or distributed through other electronic distribution means during USAGM programs, but such announcements may be made only during designated windows built into certain USAGM programs for this purpose. When these windows are used, the Distributor must use the entire window and rejoin the USAGM program at the precise time to ensure professional sounding programming.
B. Station announcements shall be limited to commercials and features of local interest and must be clearly distinguished from the USAGM and the United States Government. There shall be no political advertising immediately before or after, or during the USAGM provided programming, as well as no advertising for weapons, tobacco, alcohol, or services or products of a prurient or sexual nature.
C. Certain USAGM programs may be funded in whole or in part by other agencies or organizations, which the USAGM must acknowledge during the broadcast or distribution through other electronic means of the program. Such acknowledgment shall be deemed a part of the program and cannot be altered or removed from the programming.
ARTICLE VI – FORCE MAJEURE
A. In the event that during the term of this Agreement, the performance of any obligation under this Agreement shall be prevented, hindered, or delayed, the Party or Parties so affected shall be excused from performing any or all of those obligations, but only during the period in which it was so prevented, hindered, or delayed. If such Force Majeure circumstances exist for more than three (3) months, either of the Parties shall have the right to denounce further execution of their obligations under this Agreement, without constituting a breach thereof, and, in such an event, neither of the Parties shall have the right to claim reimbursement by the other party for any losses incurred.
B. Any Party claiming such excuse or delay occasioned by a Force Majeure event shall give prompt notice in writing thereof to the other Party as soon as possible after the occurrence of the event, as well as prompt notice of the ending of the Force Majeure event.
C. The affected services will be resumed as soon as possible, and the term of this Agreement may, by mutual written agreement, be extended for a period of time corresponding to the actual non-performance period.
D. For the purpose of this Agreement, a “Force Majeure” event shall mean an event beyond the reasonable control of the Parties, unforeseen and unforeseeable, and includes, without limitation, acts by direct, immediate, and exclusive operation of the violent forces of nature, uncontrolled or influenced by human intervention (including floods, earthquakes, and unusually severe weather); acts of war (declared or undeclared); any public enemy; riots; blockades; hijackings; embargoes; strikes or lockouts; casualties or accidents; deliveries or transportation shortages of cars, trucks or fuel; sustained interruptions of essential services including power, electricity, fuel, water, labor or materials; or any other causes or circumstances, or contingencies that may prevent, hinder or delay the performance by the Parties of any of their obligations under this Agreement.
ARTICLE VII – SUBCONTRACTING AND ASSIGNMENT
The Distributor shall not subcontract any part of its obligations under this Agreement, nor may it transfer or assign all or any part of this Agreement without the prior written approval of and upon terms acceptable to the USAGM. The prohibition against subcontracting shall not apply to contracts or orders for the purchase of materials and supplies as distinguished from the performance of services under this Agreement.
ARTICLE VIII – TERMINATION
Either Party, by prior written notice received at least thirty (30) days before the effective termination date, may terminate this Agreement in whole or in part when it is in the Party’s interest.
USAGM may terminate this agreement immediately if Distributor violates any term of this Agreement.
ARTICLE IX – DISPUTES OR INTERPRETATION OF AGREEMENT
This Agreement shall be governed and construed under United States Federal law.
If this Agreement is executed in languages other than the English languages, in the instance of discrepancies between the other language and the English version, the English version will be privileged.
In the event of a disagreement concerning the interpretation or implementation of this Agreement, the Parties shall endeavor to settle their dispute amicably by means of negotiation. Disputes regarding the interpretation or application of this Agreement that cannot be resolved by negotiation shall be submitted to the Deputy Director of the International Broadcasting Bureau, or his/her designee, and to the Distributor’s designee, for final resolution.
ARTICLE X – OFFICIALS NOT TO BENEFIT
No employee or officer, member of or delegate to the Congress of the United States, or resident commissioner of the United States, or employee or officer of any agency thereof shall be admitted to any share or parts of this Agreement, or to any benefit arising from it.
ARTICLE XI – MODIFICATIONS
A. This document constitutes the entire Agreement between the Parties. No modification changing its scope or terms shall have any force unless it is in writing and signed by both Parties.
B. Annexes to this Agreement form an integral part of this Agreement and may be similarly modified in writing by signature of both Parties.
ARTICLE XIII – AUTHORITY TO CONTRACT AND/OR ENTER INTO AGREEMENTS
The Parties hereby represent that they have the full legal authority to enter into and legally bind their respective organizations to the terms and conditions of this Agreement, and any modifications thereto. This Agreement is written in English, and the English text takes precedence over any translations of this Agreement.