OMNI Corporate Headquarters
OMNI BROADCASTING NETWORK 3960 Howard Hughes Parkway, Suite 500
Las Vegas, Nevada 89109
(702) 990-3801 . (702)990-3501 Fax
Broadcasting Operations
4322 Wilshire Boulevard, Suite 300
Los Angeles, California 90010
(323) 692-0544 . (323)692-0545 Fax
Web address: www.omni-broadcasting.com
AFFILIATE AGREEMENT
This agreement is made this ______ day of _______________, 2003,
between Omni Broadcasting Network, Inc. (OMNI) and
_________________________, who owns and/or operates the television or
cable operation (hereafter referred to as "Station") with the full
authority of the Federal Communications Commission. The
aforementioned Station is identified as ________________________, and
operates in the city of __________________in the state of
____________________________.
OMNI and __________________, Channel _____ in ________________,
__________________, in consideration of the mutual covenants and
stipulations herein agree as follows:
1. ________________ shall be given the rights to receive OMNI's
satellite transmission and broadcast OMNI's programming as
heretofore outlined. No rebroadcast of programming will be allowed
unless specifically outlined and permission obtained. Such
permission must be obtained in writing in advance from OMNI.
Additionally, OMNI maintains rights to its Internet broadcasts as
well. Rebroadcast may violate licensing agreements currently agreed
to by OMNI, and as such, legal remedies may be necessitated by such
violations.
2. Station will be given such rights as mentioned in paragraph 1, with
the following understanding and compliance: OMNI carriage by the
Station must be a minimum of _____ (__) hours of each day. The
coverage is to be carried seven (7) days a week, and must include
primetime.
3. Station shall be permitted to insert local commercials or other
announcements into the programming according to the following terms:
A. Station shall be allowed three (3) minutes per half hour for
individual needs. In the event that the Station desires not to
use any portion of its retained time, OMNI will supply
programming for these times.
4. Station will not preempt, cover, or in anyway disrupt network
advertisements contained in the satellite transmission from OMNI,
except for the times allowed in Paragraph 3A.
5. Station agrees to furnish OMNI with monthly-notarized affidavits of
its broadcast logs to confirm network carriage. The affidavits must
be received by OMNI within one week of the past months conclusion.
Station understands that failure to return affidavits in a timely
manner could result in cancellation of affiliation.
6. Station agrees to obtain and maintain such licenses, permits and
authorizations as may be required to operate the station as mandated
by the Federal Communications Commission and to comply with all laws
and regulations imposed by federal, state and/or local authorities
relating to the operation of the Station.
7. OMNI shall not incur any liability hereunder, because of the failure
to properly transmit any programming due to actions by the FCC, or
OMNI Broadcasting Network Affiliate Agreement-- Page 1 of 3 Initial:____
OMNI Corporate Headquarters
OMNI BROADCASTING NETWORK 3960 Howard Hughes Parkway, Suite 500
Las Vegas, Nevada 89109
(702) 990-3801 . (702)990-3501 Fax
Broadcasting Operations
4322 Wilshire Boulevard, Suite 300
Los Angeles, California 90010
(323) 692-0544 . (323)692-0545 Fax
Web address: www.omni-broadcasting.com
any other governmental authority, acts of God, labor disputes,
failure of facilities, or any other causes that are beyond the
control of OMNI.
8. OMNI warrants and represents that: (a) it has obtained rights and
licensing agreements for all programming or (b) such programming is
part of the public domain.
9. OMNI warrants and represents that the performing rights of any music
in said programming is either (a) controlled by BMI, ASCAP, SESAC;
or (b) in the public domain; or (c) controlled by OMNI to the extent
required for the purpose of this license.
10. Station warrants and represents that it has obtained all the
necessary licenses for the performance of music in all of its
programming with categories aforementioned in paragraph 9.
11. Station shall not assign or transfer its rights and obligations
under this Agreement without the written prior consent of OMNI. In
the event that OMNI refuses to give consent, OMNI shall not be
obligated to give reasons for refusal.
12. Nothing contained in this Agreement shall imply or create, nor do
the parties intend to imply or create any relationship or partners
or joint ventures between Station and OMNI. Neither party is
authorized to purport or imply such relationships exist privately or
publicly. Neither OMNI nor Station shall hold itself out as the
agent of the other party under this Agreement.
13. This Agreement may be cancelled by OMNI, for cause during the
first year of this agreement with sixty (60) days written notice.
Said notice will be sent by registered or certified mail, postage
prepaid to the party at their respective address given herein or at
such address as may be subsequently be given in writing by the
party.
14. OMNI represents and warrants to Station that: (a) OMNI is a
corporation duly organized and validly existing under the laws of
the State of Nevada; (b) OMNI has the power and authority to enter
into the Agreement and to perform all of its obligations herein; (c)
the party executing this Agreement on behalf of OMNI has express
authority to do so and in doing so binds OMNI hereto.
15. Station represents and warrants to OMNI that: (a) Station is a
______________ existing under the laws of the State of
________________; (b) Station has the power and authority to enter
into this Agreement and to perform all of its obligations stated
herein; and (c) the party executing this Agreement on behalf of the
Station has the express authority to do so and in doing so bind
Station hereto this Agreement.
16. The initial Agreement between OMNI and Station shall be
effectuated and commence on the ______________ day of
_______________, 2003. This Agreement shall be in effect for a
period of one (1) year, and shall continue unless either party gives
written notice of intent to cancel. These cancellations must be a
(60) day written notice. Said notice will be sent by registered or
OMNI Broadcasting Network Affiliate Agreement-- Page 2 of 3 Initial:____
OMNI Corporate Headquarters
OMNI BROADCASTING NETWORK 3960 Howard Hughes Parkway, Suite 500
Las Vegas, Nevada 89109
(702) 990-3801 . (702)990-3501 Fax
Broadcasting Operations
4322 Wilshire Boulevard, Suite 300
Los Angeles, California 90010
(323) 692-0544 . (323)692-0545 Fax
Web address: www.omni-broadcasting.com
certified mail, postage prepaid to the party at their respective
address given herein or at such address as may be subsequently be
given in writing by the party.
17. This Agreement shall be binding upon the parties heretofore
mentioned, their heirs, legatees, representatives, successors and
assigns.
18. This Agreement shall be governed by the laws of the state of
Nevada and any action at law, set equity or judicial proceeding
relating to this Agreement shall be instituted in the courts of the
county of Clark, the state of Nevada.
19. Station agrees to fully participate in any promotional programs,
including without limitation, any promotional programs, including
without limitation, any promotion swap or co-op advertising program
or comparable program which may exist during the term of the
agreement, upon such standard terms and conditions as may be
determined by OMNI.
20. This Agreement contains the entire understanding and all
agreements and covenants between the aforementioned parties and may
not be changed except by consensual written agreement.
Accepted by: Accepted by:
Omni Broadcasting Network, Inc. Station
__________________________________ __________________________________
Name: Name:
Title: Title:
Date: ____________________________ Date: ____________________________
Omni Broadcasting Network Affiliate Agreement -- Page 3 of 3 Initials ____