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APPEARANCE AGREEMENT

This Appearance Agreement (“Agreement”) is made between Digital Wildcatters, Inc., a Delaware corporation (“Company”) and the undersigned individual (“Individual”) (collectively “the Parties”) on the last date entered in the signature blocks below.

Individual has agreed to appear on a podcast, live event, or other program or event produced and/or sponsored by Company (“the Program”).  In connection with the Program, the Parties agree as follows: 

  1. Individual consents to appear on the Program and grants to Company a paid-up perpetual, worldwide, non-exclusive license to use his or her biography, name, voice, image, and/or likeness in connection with the Program, any recordings of the Program, and any promotion of the Program.  This license includes the right in the sole discretion of Company to edit or create derivative works from the recording of the Program and to sublicense or sell recordings of the Program and any edits or derivative works thereof. Notwithstanding the foregoing, Individual’s biography, name, voice, image, and/or likeness will not be used to endorse any product or service other than Company, the Program, or any product or service provided by Company or providing access to recordings of the Program.
  2. If during the Program Individual uses any material in which Individual has any copyrights, Individual hereby grants a paid up, perpetual, worldwide, non-exclusive license for Company to use any such materials for any of the purposes detailed in Paragraph 1 above. Individual shall otherwise retain all copyrights in any such material.
  3. Company shall, upon request of Individual, make a copy of all or  portions of a recording of Individual’s participation in the Program (to the extent that portions of the recording are created by Company in its sole discretion) available to Individual, and Individual shall have a paid-up, perpetual, worldwide, non-exclusive license to use the Program or portions of the Program for Individual’s personal, non-commercial use.Company shall otherwise retain all copyrights in the Program, any recording of the Program, and portions or derivative works thereof.
  4. The Parties sole remedy for breach of this Agreement will be the removal of the Program or any copies thereof from public access, and the Parties agree and acknowledge that in no event will the other party be liable for any damages or costs, including attorneys’ fees, related to any breach of this Agreement.
  5. This Agreement will be binding upon and inure to the benefit of the Parties’ respective successors, assigns, heirs, executors, administrators, and legal representatives.
  6. This Agreement is governed by Texas law and any disputes regarding this Agreement or the Program will be resolved exclusively in the state or federal courts of Houston, Texas.
  7. This Agreement may be executed in counterparts, all of which together shall constitute a single agreement.  Execution of a facsimile or scanned copy and/or a facsimile or scanned signature will have the same force and effect as execution of an original with an original signature.