This will confirm the agreement between the individual who submitted the Video in connection with the Competition ("I" or "me"), on the one hand, and CBS News, a Division of CBS Broadcasting Inc. ("CBS News"), on the other hand, concerning my appearance on CBS News' THE EARLY SHOW (the "Program"). Capitalized terms shall have the meaning defined in the Official Rules unless otherwise defined herein.
I hereby agree that I will appear with other members of the band in which I am a member (the "Band") on the Program in connection with a segment titled "Living Room...Live! Battle of the Bands" (individually and collectively the "Appearance") and to authorize CBS News to photograph, film, videotape and record the Appearance. I warrant and represent that any musical composition I perform in the Appearance shall be my original creation or the original creation of one or more of the members of the Band (a "Band Member") comprised exclusively of music and lyrics that are original to and owned by me and/or one or more Band Member(s), and the use thereof will not infringe upon or violate the rights of others.
I irrevocably release CBS Corporation, CBS News, a Division of CBS Broadcasting Inc., and their respective subsidiaries, parents, employees, contractors, agents, assignees, and licensees (collectively "CBS") from any and all claims, damages, liabilities, costs and expenses arising out of, or resulting from, the Appearance, my participation in and/or travel to and from the Program or the use of my Appearance, including, without limitation, any privacy and or publicity claims. I will not make any claims as a result of any of the foregoing.
I will indemnify and hold harmless CBS from and against all liabilities, claims, actions, damages, expenses, losses or injuries of any kind caused by or arising out of: (i) any actions or statements made by me during or in connection with the Appearance, (ii) my participation in and/or travel to and from the Program, (iii) the use of the Appearance, or (iv) any breach by me of any provision of this agreement.
CBS shall own and have the right and the right to authorize others to reproduce and use in all media, now known or hereafter created throughout the world, in perpetuity, the Appearance and all recordings, videotapes and photographs of the Appearance. CBS also shall have the right to use and authorize the use of my name, likeness and voice throughout the world in all media, now known or hereafter created, in perpetuity, including use in connection with news, promotion, publicity or advertisements connected with CBS News and/or the Program. CBS will have the right to edit my Appearance in any manner.
If I am the composer (whether alone or with any other Band Member(s)) of the musical composition (including the lyrics, if any) (the "Underlying Composition") performed by my Band in the Appearance, I agree that I will not license my Underlying Composition to any third party from the date of this Agreement until ninety (90) days after the initial broadcast of the Program featuring the Band voted as the Favorite Band (the "Exclusivity Period").
During the Exclusivity Period, I will not enter into any commercial, contractual, sponsorship or other agreement or arrangement with any person, firm or company (other than a designee of CBS) with respect to my performing abilities (including, but not limited to my singing, instrumental performance(s), recording and/or music and/or song writing) or the proceeds thereof or with respect to my name, likeness, voice, image or biography (including but not limited to any recording contract, songwriting contract, and/or any merchandising contract).
If my Band breaks up or a Band Member leaves (whether prior to or after my Band's Appearance on the Program), I understand that CBS, at its option, may eliminate my Band from the Competition or elect to proceed with the remaining Band Members. If CBS elects to proceed with the remaining Band Members in the Competition, CBS will continue to have the right to use the Underlying Composition even if the Band Member who leaves created the Underlying Composition.