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6) Rights and Responsibilities. The parties shall work together to determine the key
creative elements of the activities under this agreement. No party may unreasonably
withhold its approval of any particular key creative element. The parties respective
rights and responsibilities are as follows: _______________________________.
7) Credit. The parties, and third party contributors, are to receive credit in connection
with the project as follows: _____________________________.
8) Publicity and Use of Proprietary Marks. Each party shall obtain prior written approval
from the other party prior to using the other party’s trademarks or trade names,
images or holdings (collectively, “Proprietary Marks”) in connection with the
activities under this agreement. This applies to all uses regardless of whether on the
web, in print, or in any other media. Once approved, similar uses in the same context
and format will not require additional approval. In the event that this agreement
expires or terminates for any reason, each party shall immediately discontinue using
the other party’s Proprietary Marks, except as follows: _____________________.
9) Copyright, Clearances, and Ownership.
a) _________________________ will own the physical and intellectual property
resulting from the project.
b) ____________________ hereby grants ___________________ a fully paid
up/royalty-free, perpetual, irrevocable, worldwide, nonexclusive, nontransferable
license to use, reproduce, transmit, display, perform, prepare derivative works
from, distribute, and authorize the redistribution of
_________________________.
c) ____________________ is solely and exclusively responsible for obtaining any
necessary clearances, permissions, and/or releases necessary to carry out the
activities contemplated in this agreement. Such clearances, permissions, and/or
releases may pertain to but are not limited to copyright, right of publicity,
trademarks, trade names, contracts, patents, literary, artistic, dramatic, personal,
private, civil or property right or right of privacy or “moral rights of authors,”
defamation, or any other right whatsoever.
10) Warranties and Indemnifications.
a) Each party represents and warrants that it has the full right and power to enter into
this agreement and that it is fully ready, willing, and able to perform all its
obligations hereunder.
b) _____________________ warrants that it has obtained or will obtain all
necessary clearances, permissions, and/or releases as provided above.