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Below is a sample Pacifica Affiliates Agreement. Click here for a sample copy to print out.
2005 - 2006 PACIFICA AFFILIATION AGREEMENT
This Agreement is made this 1st day of October, 2005, by and between ______________________,
licensee of noncommercial educational radio station(s) ________ (" the
Affiliate"),___________(city, __________(state), and the Pacifica Foundation,
("Pacifica").
This Agreement sets forth the terms and conditions on which Pacifica will make
certain audio programs available to Affiliate for broadcast, and on which Pacifica
will provide certain services to Affiliates ("Pacifica Affiliated Services"),
as those Pacifica Affiliated Services are developed during the term of the Agreement.
1. Broadcast Rights. On the terms and conditions set forth herein, Pacifica hereby grants
Affiliate the non-exclusive right to broadcast all programming produced and
distributed by Pacifica as part of the Pacifica Affiliated Services.
2. Pacifica Affiliated Services. Pacifica will provide to Affiliate the following access
to Pacifica Affiliated Services as such Pacifica Affiliated Services become
available:
(a) KU Program Distribution System. A twenty-four hour a day
schedule of audio programs, distributed on Pacifica's KU Satellite Distribution
System;
(b) Audioport. An archive of audio programs that enables Affiliate
to download programs for broadcast. Audioport programs may be researched by
topic, date, producer, and other criteria. The agreement for accessing Audioport
is available on the Pacifica website (www.pacifica.org).
(c) Internet Streaming Access. Access to programs
streamed live on Pacifica's web page. Pacifica will make reasonable
efforts to provide sufficient streams to meet demands, but cannot guarantee
immediate access.
3. Annual Affiliation Fee. Affiliate Fee will
be____________ for fiscal year October 1, 2005 - September 30, 2006. Payments
shall be made payable to:
Pacifica Radio Archives / 3729 Cahuenga Boulevard West / North Hollywood, CA 91604
Attn: Mariana Berkovich, Business Manager
Advance payment must be received by Pacifica for each quarter before Station
may exercise the broadcast rights granted herein. Payments are
due on the dates indicated:
Amount :
Date:
_______________
_______________
_______________
_______________
_______________
_______________
_______________
_______________
4. Administrative Services to Affiliates. Pacifica will provide
the following administrative services to Affiliate:
(a) Liaison services between Affiliates, Pacifica, producers, and others,
regarding programming issues.
(b) Notification to Affiliates if programming has controversial content such
as obscenities, potentially unusable imbedded content, or other extraordinary
circumstances.
(c) Email groups for communication between the Pacifica staff and Affiliates.
(d) Online or hardcopy resource and information exchange for
Affiliate station administrators.
(e) Online or hardcopy kits for bringing Pacifica programs to Affiliate's
local radio station.
(f) Online or hardcopy kit for becoming an Affiliate (including fee schedule,
copy of a contract, information about reception and distribution of programs,
etc.).
(g) Opportunities for input from Affiliates into the planned specials produced
by Pacifica.
(h) Long-range scheduling of certain specials and early-as-possible
notification of emergency specials.
(i) Consultation to Affiliate in producing programs.
5. Operational Services to Affiliates. Pacifica
will provide the following operational services to Affiliates:
(a) Technical support for getting programs up-linked on KU, including reception
of CDs, dats, MP3 files.
(b) Technical support for down-linking KU programs and troubleshooting
and re-feeds when necessary.
(c) Monitoring for successful KU uplink, notification to Affiliate stations
about impairments, and notification of alternatives for receiving programs such
as re-feeds or Internet.
6. Affiliate Participation in Programming Decisions.
a. Affiliates will be able to evaluate the Pacifica Affiliation
Services by means of an annual written or telephone survey;
b. Affiliates may also recommend changes in Pacifica Affiliate Services through
a Review Board that annually evaluates Pacifica Affiliate Services. The
Review Board is an advisory board which shall consist of Pacifica staff involved
in providing Pacifica Affiliate Services, the Pacifica National Program Director,
a member of the Pacifica National Board designated by Affiliates and one (1)
Affiliate representative selected by any association of Affiliates which Pacifica
recognizes as having a mission compatible with Pacifica's. Affiliates may form
one or more associations for purposes of appointing an Affiliate representative
to the Review Board, for nominating candidates for positions on the Pacifica
National Board, as described in the following paragraph, and for designating
the Director of the Pacifica National Board who will serve on the Review Board
as a representative of an association of Affiliates.
c. Pursuant to Section 4 of the Pacifica Bylaws, Affiliates (or an association
of Affiliates) may nominate one or more candidates for two Director positions
on the Pacifica National board. Nominations shall close on February
15th each year and shall be submitted in writing to the Foundation Secretary
by that date. Every Affiliate station or association of Affiliate
stations submitting nominee(s) shall include with said nominations(s) a written
explanation of its procedure for selecting the nominee(s). Said
nominations shall be certified by the general manager or the governing board
secretary of each Affiliate station nominating said candidate(s) or by the secretary
of the association of Affiliate stations, as appropriate. In addition,
each nominee shall submit his/her resume and a statement of his/her interest
in serving as a Director of Pacifica. The Secretary of the Pacifica Board shall
forward to all Pacifica Directors all materials submitted supporting each nominee
not later than March 1st.
For purposes of this Agreement, an "Affiliate" or "Affiliate
Station" shall be defined as any non-profit non-commercial broadcaster
that broadcasts programming provided or distributed by Pacifica pursuant to
a written agreement with Pacifica, including, for example, community radio stations,
internet broadcasters or digital broadcasters, or other such technology as may
be developed. An Affiliate station shall not be a radio station
whose broadcast license is held by Pacifica. For purposes of this Section, an
"association of Affiliates" shall be defined as any group of Affiliates
that have joined together to form an association, provided that the membership
of the Association is limited solely to Affiliates and that the association
is recognized by Pacifica or having a mission compatible with Pacifica's mission.
7. This Agreement is for a period of one year beginning October
1, 2005, ending September 30, 2006, unless terminated earlier as provided in
paragraph 8 and 9.
8. This Agreement shall be automatically renewed for successive terms
of one (1) year unless, at least ninety days before the anniversary
of the termination date, either party gives written notice of its election to
terminate this Agreement. For each successive one-year renewal
period, the Affiliation Fee shall be based upon Affiliate' s Annual budget for
the renewal period.
9. Pacifica may terminate this Agreement if it does not
receive any quarterly payment within 30 days of the due date set forth
in paragraph 3.
10. Affiliate may refer to itself as a "Pacifica
Affiliate" or as "Pacifica Radio," but not as a "Pacifica
Station."
11. Pacifica will provide Affiliate
with as much promotional support for Pacifica Programs as feasible.
12. Pacifica will indemnify Affiliate
for any losses, claims, and liabilities (including related attorneys' fees)
reasonably incurred by broadcasting in their entirety any of the programs provided
by Pacifica Affiliated Services. This indemnification
will cover claims for libel, program language, slander and infringement of copyright
that arise from a broadcast of a Pacifica Affiliated Service
Affiliate:
Pacifica Foundation
By:
By:
Title:
Executive Director
or designee
Date:
Date:
Affiliate name:
Pacifica Telephone: (510)
849-2590
Affiliate Telephone:
www.pacifica.org
Affiliate Email: Please send signed contract to:
Affiliate Website: Executive Director, Attn: affiliates contract
Pacifica Foundation
Affiliate Address:
1925 Martin Luther King Jr. Way
Berkeley, CA 94704
A copy of this agreement will be returned to affiliate. |
