To sign up for TV on My Side, please read the terms below, and then when you are ready to proceed, click the “I Accept” button to opt in.
By clicking the “I Accept” button below, National Cable Television Cooperative, Inc. (“NCTC”) and the undersigned member company (“Member”) of NCTC hereby agree to the following terms (hereinafter, the “Agreement”):
Campaign Design. NCTC shall design and implement a campaign composed of various information for the purposes of educating Member and Member’s subscribers on the increasing number of conflicts and disputes between cable operators and programmers resulting from various reasons including but not limited to retransmission consent, increased programming pricing, and forced carriage (the “Campaign”).
Member Access. Upon election into this Agreement, NCTC shall provide Member access to WWW.TVONMYSIDE.COM, a collection of web pages containing: (i) one or more general information web pages (the “Evergreen Pages”); and (ii) one or more pages related to or involving retransmission consent dispute(s) (the “Retransmission Consent Pages”). NCTC may, but is not obligated, to provide Member one or more dispute-specific web pages related to a dispute with a particular programmer (the “Dispute Pages”) (collectively, The Evergreen Pages, the Dispute Pages and the Retransmission Consent Pages shall be referred to as the “TVONMYSIDE WEBSITE”) from which Member and Member’s subscribers shall be free to access information related to the Campaign. Once Member has elected to participate, Member shall be issued a confirmation e-mail that includes a user name and temporary password to access the TVONMYSIDE WEBSITE. Member agrees to upload the necessary zip code, Member logo or trademark and other requested information within a reasonable time. Member acknowledges that its subscribers cannot access the TVONMYSIDE WEBSITE until such materials are uploaded by Member.
Subscriber Access to TVONMYSIDE WEBSITE. Member’s subscribers shall have access to the TVONMYSIDE WEBSITE during the term of this Agreement. Member’s subscribers may be asked to provide zip code information and choose from a drop-down screen if such subscriber is served by more than one NCTC Member that has elected to execute this Agreement.
Materials Provided. The TVONMYSIDE WEBSITE shall contain a certain set of marketing assets that may include but shall not be limited to: cross channel video advertisements; press releases and press release copy for Member’s use; scripts for customer service representatives; e-mail copy; news articles, web banners; Frequently Asked Questions; bill insert and bill messaging templates; opinion-editorial letter templates, social media guidelines on responding to disputes; on-hold messaging for Member’s customer service telephone network; radio spot copy; free standing newspaper insert templates; lobby cards; and other print ready templates of various public information (collectively the “Campaign Materials”). All Campaign Materials shall be distributed through the TVONMYSIDE WEBSITE. NCTC reserves the right to add, modify or delete Campaign Materials in its discretion based on Member need, effectiveness or other reasons as NCTC may reasonably determine.
Dispute Pages. Access to the Dispute Pages may be conditioned on Member participating in certain programming agreements or other initiatives with NCTC. The Dispute Pages shall provide more specific information, including additional Campaign Materials, related to the causes of a dispute with a programmer and how Member and its subscribers can take action to assist bringing the dispute to a resolution. Member acknowledges and agrees that the existence, content and programmer(s) identified in any and all Dispute Pages shall be in the sole and complete discretion of NCTC.
Retransmission Consent Pages. In the event Member has a dispute with a broadcaster over matters related to retransmission consent, Member shall have the option to open up access to the Retransmission Consent Pages for Member and Member’s subscribers. Member agrees the Retransmission Consent Pages may include certain Campaign materials as well as other information provided by third parties. NCTC agrees to provide Member a section to add its own messaging to the Retransmission Consent Pages (the “Member Provided Content”). Such space may be accessed by using Member’s user name and password. Member represents and warrants that it possesses all rights, licenses and permissions to post any messaging and further agrees all messaging posted as part of the Member Provided Content shall comply with all applicable laws and NCTC policies. NCTC reserves the right to remove any Member Provided Content in NCTC’s sole and discretion.
License to Use Campaign Materials/Changes. NCTC shall provide Member a non-exclusive license to use any of the Campaign Materials during the time this Agreement remains in effect. Member agrees to cease using all the Campaign Materials, or their derivatives in the event this Agreement is terminated by either party as described herein except as may otherwise be agreed upon in writing. NCTC reserves the right to change the look and/or organization of the TVONMYSIDE WEBSITE and/or the Campaign Materials at any time in its sole and complete discretion, including the right to add or drop individual Campaign Materials.
Indemnity. Member shall indemnify NCTC against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by NCTC arising out of or in connection with Member’s use of TVONMYSIDE WEBSITE and/or any Campaign Materials. Further, Member shall defend NCTC from and against any claim or action by a third party that the use or possession of any content submitted or uploaded to the Site by Member infringes the intellectual property of such third party (“IPR Claim”), and shall indemnify NCTC against all liabilities, losses, damages, costs, claims and expenses (including any professional costs and expenses) suffered or incurred by NCTC arising out of or in connection with any such IPR Claim.
Subscriber Reports. To the extent NCTC can make reports available, NCTC shall make available reports of Members’ subscribers’ participation accessing the Evergreen Pages of the TVONMYSIDE WEBSITE.
Licenses. Member provides NCTC and any and all users of the TVONMYSIDE WEBSITE with a non-exclusive right to access, copy and use any of the Member Provided Content posted as part of the Retransmission Consent Pages. Member grants NCTC a non-exclusive, limited license to use Member’s logo and/or trademark on the appropriate section(s) of the TVONMYSIDE.COM WEBSITE.
Editorial Control. Member acknowledges NCTC or its agent shall have complete and total editorial control of all posts made on the TVONMYSIDE WEBSITE and NCTC reserves the right to edit, delete or refuse any positing or contribution made by a Member, subscriber or any other third party for any reason in its discretion. Postings shall not be available instantaneously and may take up to three business days to be public.
Payment. Member shall be provided with access and benefits that come by executing this Agreement for a monthly fee of $30 (the “Monthly Fee”). NCTC shall provide Member 60 days’ notice prior to the implementation of the first Monthly Fee and Member may terminate this Agreement at any time prior to the first Monthly Fee being charged. After implementation of the first Monthly Fee, this Agreement may be terminated pursuant to the termination provisions of this Agreement. Member agrees NCTC shall include each Monthly Fee to Member’s monthly programming invoice and Member agrees to pay accordingly.
Term and Termination. This Agreement shall be for a term of 1 year after executing this Agreement. Thereafter, this Agreement shall auto renew for successive one year terms unless either party provides written notice to the other party of its intention to not renew at least thirty (30) days prior to the auto renewal date. This Agreement may be terminated by either party upon a material breach by the other party that is not cured after 30 days written notice has been provided to the breaching party.
Confidentiality. Member agrees not to share any information from the TVONMYSIDE WEBSITE with programmers, other NCTC members and/or other cable operators.
The person clicking the “I Accept” button represents he/she is vested with all the power and authority to enter into this Agreement.