Enhancing the quality and efficiency of health care services through ongoing education of health care organizations and individual providers is an essential part of the mission of the Accreditation Commission for Health Care (ACHC). We have an educational platform that is an industry leader, and we believe that your webinar (the “Webinar”) will be an excellent addition to those resources. As part of our understandings about presenting the Webinar and taking advantage of ACHC’s platform and marketing efforts, you and ACHC hereby agree to the following terms and conditions.
License to Seminar Materials. Under this Webinar Content Agreement, you are granting ACHC a fully paid, non-exclusive, worldwide and perpetual license to do each of the following:
publicly broadcast and rebroadcast the Webinar to end users through the ACHC Website, social media outlets, and related media and formats;
record and reproduce the recorded Webinar;
publish, display and publicly distribute the recorded Webinar or portions thereof at meetings and conferences, through the ACHC website, social media outlets, and other media and formats;
copy, print, publish, display and distribute copies, in any form or format, of all materials associated with the Webinar, including but not limited to presentation slides, manuscripts, handouts, audio and video recordings, and other related materials in written or electronic form (the “Webinar Materials”); and
use and include your name and image in the Webinar, the Webinar Materials, and in connection with ACHC’s marketing of the Webinar and Webinar Materials through all available marketing channels and formats.
Trademark License. ACHC understands and agrees that if the name or logo of any company or business is part of the Webinar Materials, that all rights and goodwill associated with the name and logo belong to that organization, and not to ACHC. However, in order to effectively market and present the Webinar, ACHC must have permission to use the name and logo. Therefore, you are granting on behalf of each such organization a fully-paid, non-exclusive, worldwide and perpetual license to use that organization’s name and/or logo in the Webinar, the Webinar Materials, and in connection with ACHC’s marketing of the Webinar and Webinar Materials through all available marketing channels and formats; and you also hereby represent that you have the authority to provide this permission on behalf of each such organization.
Use of Images. To ensure that ACHC has secured proper rights in any images or graphics, you hereby affirm that at least one of the following conditions is satisfied with respect to all images and graphics included in the Webinar or Webinar Materials:
the images and graphics were created by you and constitute your original work or consist of materials wholly created or developed by the United States federal government or any agency thereof; or
the images and graphics were selected and obtained through ACHC’s account with Shutterstock, or other commercial source licensed to ACHC. (You may work with ACHC to identify up to five free stock images for your presentation from Shutterstock. If interested, please visit www.shutterstock.com to search the image database. To include a Shutterstock image in your presentation, please email XXX the reference number of the image you’d like to use and information about how it should be placed in the Webinar Materials, and our team will insert it); or
for any other image or graphic you would like to use that was created by a third party, you will need to secure written consent from the owner of copyright. The consent must ensure that ACHC has the same rights in such materials that you have granted to ACHC under this Agreement, and ACHC must agree in writing that the consent is satisfactory.
Representations. As part of this Webinar Content Agreement, you hereby represent each of the following points (a) to (d), to the best of your knowledge:
That the content of the Webinar and Webinar Materials is accurate and does not include any material that is slanderous, libelous, or otherwise illegal, offensive or inappropriate.
That neither the Webinar Presentation nor the Webinar Materials violate any copyright or other proprietary right of any third party;
That the Webinar consists of your original work and does not include any content, images or graphics created by a third party, unless you have satisfied the conditions set forth in Section 2 above for any images and graphics; and
That the Webinar and Webinar Materials, including any photographs or other images, do not identify, by name or otherwise, or suggest the identity of, or present a recognizable likeness of, any individual or individuals; or, if they do, you have obtained and provided copies to ACHC of all necessary written consents from all such individuals for the use, distribution and publication of the Webinar or Webinar Materials as permitted herein, and ACHC has confirmed that such written consents are satisfactory.
Indemnification. You agree to indemnify and hold ACHC and its officers, directors, members, employees, and agents harmless from any and all claims, expenses (including reasonable attorneys’ fees), and liabilities arising out of a claim by any third party that the Webinar or any Webinar Materials violate the copyright, other intellectual property or proprietary right, or privacy right of any third party.
Termination. The term of this Agreement is perpetual, but either you or ACHC may terminate the Agreement by providing thirty (30) days written notice of termination to the other party. At or before the end of the 30-day notice period, ACHC shall cease all display, broadcasting, reproduction and distribution of the Webinar and Webinar Materials. However, ACHC shall not be required to take any of the extensive measures that would be required to ensure complete deletion of all physical or electronic copies of the Webinar and Webinar Materials in its possession as of the date of termination.
Governing Law. This Agreement and all matters arising out of or relating to this Agreement, including tort and statutory claims, are governed by the laws of the State of North Carolina, without giving effect to any conflict of laws provisions thereof.