TERMS AND CONDITIONS – BMWOC Podcast Series
By submitting your application to participate in the Business Men and Women of Color Podcast Series and/or Business Men and Women of Color Magazine, you hereby acknowledge, understand, and agree to the below Terms and Conditions of the General Participation Agreement.
Definitions: The submitter of the BMWOC Participation Application is hereby considered as the “PARTICIPANT”, and ALSTNTEC, is hereby considered as the “COMPANY”, and referred to separately and collectively as “PARTY” or “PARTIES”. This document is referred to as the “AGREEMENT” ALSTNTEC’S programs BMWOC and BMWOCMAG in this document is referred to and interchangeably known as the “PLATFORM” or “PLATFORMS”, and the interview in this document referred to and interchangeably known as “PRESENTATION.”
1. Purpose and Business Description
The Business Men and Women of Color Podcast Series Magazine (BMWOC) is an online, global podcast platform. Its purpose is to share career and work related information to the general public within the United States and abroad. The BMWOC Magazine (BMWOCMAG) is an online digital magazine designed to highlight local businesses and podcast members with the sole purpose of promoting their career and business stories, ads that may contain products and services; and to raise awareness of minority businesses with in the United States and abroad. The intent of these platforms is to bring awareness of individual talents, work experiences, aspirations and empowerment to anyone who is seeking a career as an author, speaker or wanting to become an entrepreneur or business owner in any of these career/business types.
2. Participant Criteria and Requirements
a) The Company is requesting the Participant to engage in the platforms through either: 1) a record an interview Presentation in the BMWOC Podcast Series that will be included on the Company’s website and broadcast platforms; or 2) record and interview Presentation that will be transcribed and included in the BMWOCMAG platform; or 3) submit an advertisement or article for the BMWOCMAG.
b) The Presentation topic will be business or career related in nature, conducted via an audio platform provided by the Company or in-person at the a mutual agreed location.
c) The interview duration will be no more than 30 – 45 minutes.
d) The Participant should be prepared to share information related to the topic/questions presented in the interview and may include other information as appropriate. The Company will only ask question that relate to the Participant’s business, activities, aspirations and/or another related subjects based on the ongoing conversation during the interview process.
e) The Participant shall refrain from using language or content such as to current state of political issues, religion, war, etc as to not offend the Company’s listening audience or readers.
f) The Participant will refrain from utilizing Multi-level Marketing techniques, jargon, or other language that lead to the selling to future clients that may purchase the Participant’s products or services. However, the Company is allowing the participant to mention services or products directly related to the Participant’s company for referring in the Platform.
g) The Participant hereby gives the Company permission to use their voice and interview recording on the platforms. This also may include giving the Company permission to use their likeness, photos or business information on the Platforms.
3. Capacity/Independent Contractor
In providing services under this Agreement, it is expressly agreed that the Participant is acting as an independent contractor and is not as an employee or internal business partners. The Parties acknowledge that this Agreement does not create a new company partnership or joint venture between them, and is exclusively a contract for participation in the aforementioned platforms.
Any information provided or obtained by the Participant(s) during planning and execution process of providing services to the Company’s audience are intended to provide career and business-related education and training. Therefore, the Participant agrees to enter into this Agreement to provide information based on his/her own expert knowledge and experience related to their business or career, to be best of their ability, and the Parties cannot be held liable for any damages for any miscommunicated information or materials given in the recording or posted on the Company’s website or magazine. This includes damages incurred by their memberships, partners, or affiliates.
a) The Participant recognizes and acknowledges that there is no compensation or paid travel required to participant in the Platform(s) as it an online platform, and their involvement is strictly voluntary.
b) The Participant recognizes and acknowledge that the Company is not obligated to compensate the Participant for his/her performance in the Platforms in any way. The Participant is also not obligated to compensate the Company for participating in the Platform, except where fees are known, necessary and paid in order to participate in the Platforms.
c) The Participant is considered an independent contractor, and the Participant shall have no obligation with regard to such presentation as a result of the Agreement to anyone other than the Company.
6. Podcast/Magazine Rights, Limitation, and Restrictions:
a) The Participant shall conduct one recorded interview or Presentation with the Company. The Company has offered to create a promotion page on the Company’s online platform, which will contain the Participant’s Presentation information including bio, photograph, and social media links. Interview details will be directed by the Company and coordinated with the Participant.
b) The Participant gives the Company permission to use the Participant’s likeness via a photograph and voice via an audio platform provided before, during, or after a podcast for future marketing purposes; including same on promotional brochures, flyers, audio/video promotion, radio, magazine, and/or other methods used to display their name, brand or logo.
c) The Participant shall provide the Company with a bio, photograph, and social media via the BMWOC Participation Application form and give the Company permission to promote, market, and advertise their business name, industry type, and career field, or any other business related likeness, brand, products and services throughout the Platform cycle. The Company will provide the Participant with a copy of the electronic application and will also provide an electronic media ad for purposes of publicizing the Presentation via social media or other electronic means.
d) The Company will use information given by the Participant for only the Platforms mentioned in this Agreement.
e) The Company will promote all speaker presentation intentions via ALSTNTEC’s marketing practices.
f) The Participant has permission to utilize the Company’s brand for marketing purposes on their website, social media platform, brochures, flyers, email, newsletters, or any audio/video promotions, but not limited to any radio, television, and/or 3rd party promotional collaboration or any other form of marketing methods used to promote the podcast only.
g) The Podcast will broadcasted on a date determined by the Company and both Parties should engage in promoting the event.
h) If the Company does record the Participant’s Presentation, and it is presented via the BMWOC platform The Company will give the Participant online access to download a copy of the recording three (3) weeks prior to the end of the event schedule.
i) If the Company does record the Participant’s Presentation, and it is presented via the BMWOCMAG platform, a link to where the digital magazine will be given to the Participant immediately after the publishing of the online platform. Links to the Participants page may be distributed and marketed as both parties see fit.
j) The BMWOC Podcast electronic media Presentation will be provided to the Participant by the Company once the recorded interview has been completed and per broadcasting schedule. No downloads will be allowed during this time as the Company uses its website to calculate current stats and votes. After publishing to the site, this media ad cannot be altered, modified, or changed in any way, and must be marketed “as is” unless changes are absolutely necessary. Please note, any unnecessary changes may incur a cost.
k) The Participant has the ability to create his/her own marketing media advertisement to promote the Platforms. However, ALSTNEC’s business logo, likeness and brand should remain unmodified.
l) If the Participant does not appear his/her schedule recording interview, and the Participant has not reschedule in a timely manner, then the Company has the sole discretion to replace the Participant with another Participant with or without notice.
m) No other audio or video taping of the Participant’s Presentation outside of the Podcast shall be permitted or marketed without the prior written authorization and consent of the Participant.
n) Copies of the recording of the Participant’s Presentation will be maintain by the Company for the sole use of marketing for future Platform events.
o) All Participant Personal identifiable Information (PII) and privacy information will follow ALSTNTEC’S Privacy and Company Terms and Conditions policies. ALSTNTEC’ polices can be found at http://bmwocpodcast.com/privacypolicy/ and http://bmwocpodcast.com/terms-and-conditions/.
p) The Platform will be hosted via the ALSTNTEC website, and all members will be able to view the podcast. There is no cost to view the current podcast.
The Participant acknowledges that if the Platforms include a virtual or in-person workshop or session, that event will be recorded and photographed for marketing purposes including private or public viewing if held in a public facility. The Speaker gives the Client permission to videotape, record, and photograph their likeness if captured before, during, or after a workshop or session that is outside of the facility and used for future marketing purposes. This may include:
a. Videotaping or Photograph the attendee’s and presenters’ full or partial likeness, audio sound, and presence in or around the event location or facility. This also includes capturing the presence of the Participant’s promotional banner, flyers, or digital marketing materials, and display of their name and logo in or around the facility, in the conference room, and for via online or physical promotion before, during, and after the event. The Parties recognizes that participants under the age of 18 or younger may require permission from their parents to be videotaped, recorded, and photographed for marketing purposes; therefore, the Parties are required to obtain necessary approvals before they can participate in the event.
b. The Company may include the Participant’s business information on marketing material, marketing platforms such as: website, social media platforms, live streaming platforms, promotional banners, brochures, flyers, email, newsletters, or via audio/video promotions, but not limited to any radio, television, and/or 3rd party promotional collaboration or any other forms of marketing methods used to promote the Parties’ events. The Company is not obligated to compensate the Participant for using their business information and likeness specified in Section 7(a) in said marketing methods or for participating in the Platform business practices.
c. The Participant has permission to utilize the Company’s brand for marketing purposes, such as website, social media platform, live streaming platforms, promotional banners, brochures, flyers, email, newsletters, or any audio/video promotions, but not limited to any radio, television, and/or 3rd party promotional collaboration or any other forms of marketing methods used to promote the Parties’ events. The Participant is not obligated to compensate the Company for using their business information and likeness specified in Section 8(a) and Section 8(b) in said marketing methods.
d. The Parties agree not to utilize or market any branding, likeness and marketing information, which includes any flyers, brochures, website, social media, live streaming, or the like, outside of this Agreement, or without the express written consent of the Parties. The Parties agree to use each Party’s information in line with their marketing practices and policies.
e. All Personal Identifiable Information (PII) and Privacy Information gathered by the Company will follow ALSTNTEC’S Privacy and Terms and Conditions policies. Our policies can be found at http://bmwocpodcast.com/privacypolicy/ and http://bmwocpodcast.com/terms-and-conditions/.
f. The Participant is responsible for following its own Privacy and Terms of Conditions policies.
g. The Company further request of the Participant that ALSTNTEC’s branding, likeness including logo, taglines or anything specific to the brand will not be modified, altered, or copied in any way as the materials, documentation, and other related information is the property and copyright owner of the Company. The Company recognizes that any information disclosed in the Participant’s Presentation is the owner of the Participant.
8. Non-Disclosure and Confidentiality:
Confidential information refers to any data or information relating to the business of which is considered to be proprietary information. This includes but not limited to, the make-up, creation and methods used in the BMWOC Podcast and Magazine platforms, any workshops, curriculums, courses, trainings , and/or and any other related information that is not generally known in the industry and where the release of that Confidential Information could reasonably be expected to cause harm to the Company. Public information is information shared with the public and is generally known in the industry and where it cannot harm the Company. Therefore, the Parties agree not disclose, divulge, reveal, trade, exchange, share, report or use, for any purpose, any confidential or proprietary information belonging to the Company for which the Participant has obtained, except as authorized by the Company or as required by law.
a. This obligation of confidentiality will apply during the term of this Agreement and will survive indefinitely upon termination of this Agreement.
b. All written and oral information and materials disclosed or provided by the Parties in conjunction with the event under this Agreement is made for Public use regardless of whether it was provided before or after the date of this Agreement, or how it was provided.
9. Ownership of Intellectual Property:
All intellectual property and related materials, including any trade secrets, moral rights, goodwill, relevant registrations or applications for registration, and rights in any patent, copyright, trademark, trade dress, industrial design, and trade name (the “Intellectual Property”) that is developed or produced by the Company under this Agreement will be the sole property of the Company. The Participant will be responsible for the management and security of its own intellectual property in relation to his or her presentation, curriculum, training, seminar, and/or materials.
a. The Participant also recognizes that the BMWOC Podcast Series, BMWOC Magazine and ALSTNTEC, LLC’s business platforms and practices are created and owned by the Company and that the platforms are Proprietary, and the Participant shall not duplicate, replicate, broadcast, show or display any portion thereof without the expressed written consent and permission of the Company.
The Company will not voluntarily, or by operation of law, assign or otherwise transfer its obligations under this Agreement without the prior written consent of the Participant.
The Company is offering the Participant the option to receive a 10% referral fee for any referrals who pay for a course, workshop, speaking engagement, or other event. The course must paid in full and completed in order to qualify for a referral fee.
12. Cancellation or Termination of Agreement:
Both parties have the right to cancel this agreement in writing at any time.
13. Conflict of Interests
The Participant agrees that there may be times when the Parties may perform services that are considered similar or general likeness listed in this agreement and that their involvement or participation may cause potential conflict of interest. However, the Parties understand that they perform similar or related services, and may engage in events similar in nature or participate in which there is a need for services for a particular client or event (e.g. workshop, private session, conference, etc.); and that is outside the scope of this agreement. In this case, this would not be considered as a conflict of interest. The Parties have agreed to make every effort to discuss whether a conflict has occurred. If the conflict cannot be resolved, the Company has full right to revoke their participation to remedy the conflict.
14. Indemnification: EACH PARTICIPANT AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS RESPECTIVE AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND PERMITTED SUCCESSORS AND ASSIGNS AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, LIABILITIES, PENALTIES, PUNITIVE DAMAGES, EXPENSES, REASONABLE LEGAL FEES, AND COSTS OF ANY KIND OR AMOUNT WHATSOEVER, WHICH RESULT FROM OR ARISE OUT OF ANY ACT OR OMISSION OF THE INDEMNIFYING PARTY, ITS RESPECTIVE AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND PERMITTED SUCCESSORS AND ASSIGNS THAT OCCURS IN CONNECTION WITH THIS AGREEMENT. THIS INDEMNIFICATION WILL SURVIVE THE TERMINATION OF THE AGREEMENT.
UPON SUBMISSION OF YOUR APPLICATION, YOU HEREBY ACKNOWLEDGE, UNDERSTAND, AND AGREE TO THE ABOVE TERMS AND CONDITIONS OF THIS PARTICIPATION AGREEMENT.