PREAMBLE

Congratulations on your decision to become a contracted host on The Podcast Network (TPN). We would like to welcome you and thank you for joining us in what we hope will be an exciting journey into the future. Together we hope to have a long-lasting impact on the future of global media. It is our plan to build TPN into a sustainable media company, providing our hosts with a platform and brand upon which they can earn a reasonable income from their new media activities as well as build their personal profile.

It is only with the earnest commitment and support of hosts such as yourself that TPN can achieve these goals. We look forward to working with you to develop and promote sought-after content to a growing audience of discerning listeners. There are those of you who have been with us since the beginning and those who are brand new to the network - whichever you are, welcome aboard and we hope you enjoy the ride!

Now… a couple of points.

This is a template. We think that most of the clauses in the below document will apply to most of the shows we have on TPN. However, not all clauses will apply equally to all shows and are open to private negotiation between the host and TPN.

For example.

If you’re doing a show that cannot, for good reasons, be put out weekly, then let us know and we’ll talk about clause 3.

ETC.

We encourage you to let us know if you’d like to amend any of the clauses and we will do our best to address your concerns. Those of you that know us hopefully know that we are good, decent guys trying to make this work for everyone. Those of you who are new will hopefully come to that opinion soon.

 

Cheers

Cameron Reilly, CEO and Founder, The Podcast Network

TPN host agreement Version 2.1

 

This Agreement is between The Podcast Network Pty Ltd ACN 114 271 573 (registered in Australia) (herein called “TPN”) and _____________________________________________________, host of the _________________________________________ podcast (herein called “The Host”) and is dated ___________________.

1.       Legal Status

1.1.     The Host is a contractor to TPN and not an employee. As such, you are responsible for your own taxes, benefits, health plans, etc.

1.2.     The Host agrees to ensure that nothing said on the show will be libelous, defamatory, slanderous, or fraudulent. The Host accepts legal liability for any such acts committed on their show.

1.3.     Legal clearance of advertising material provided by TPN will be the responsibility of TPN and not The Host.

2.      Quality Assurance

2.1.     To ensure consistency across TPN, The Host agrees to produce the audio files to at least the following quality levels.

•    Speech: 96 kbps / 44 mhz

•    Music: 128 kbps/ 44 mhz

2.2.     The Host also agrees to complete the ID3 tags for the show in accordance with the specifications provided by TPN. In cases where TPN has not provided a specific solution (as in the case of non-Windows platforms), we ask that The Host applies a best effort to conform to the network standards.

3.      Regular Programming

3.1.     The Host agrees to produce and publish one new show every week unless alternative arrangements have been made with TPN.

3.2.     If The Host does not produce a show for four consecutive weeks without prior agreement with TPN, it is agreed that The Host will be in default of this agreement.

3.3. If The Host ceases producing the show within 12 months of the date of this agreement, they agree to refund TPN's site development costs of USD$1000 within 7 days into TPN's PayPal or bank account.

4.      Regular Blogging

4.1.     As blog posts attract listeners and provide context for the show, as well as provide site traffic for advertising opportunities, The Host agrees to post at least 3 times on their TPN blog per week. These can be cross-posts from existing blogs but should be relevant to the subject matter of the show.

5.      TPN's Role & commitments

5.1.     TPN will:

•    do our best to ensure that the server performance provides a positive user experience and a solid, progressive platform for the Hosts

•    market the TPN brand

•    build the network and the network brand

•    report honest, accurately and timely information on download statistics

•    provide honest, accurate and timely financial management and reporting

5.2.     seek out and negotiate with advertisers to leverage the TPN channel

6.      Exclusivity Clause

6.1.   The Host agrees that, while they are producing a show for TPN, they will not produce a similar show, either in name or content, which is hosted outside of TPN.

7.      Intellectual Property

7.1     While The Host is under contract to TPN, The Host agrees not to register any domain name or email address which involves all or part of the name of the show without prior agreement with TPN.

7.2   Any pre-existing domain names or email addresses involving the show name will either be transferred to TPN or not be used for the duration of the agreement.

7.3.     Should The Host end this contract, either by notifying TPN via email or via default of the agreement, The Host agrees that

7.3.1.    The Host may continue to produce the show under the same name outside of TPN after a non-compete period of 6 months.

7.3.2.    The archives of the show produced while The Host was working with TPN will remain on the TPN site under a Creative Common Share Alike agreement unless TPN chooses to take them down.

7.3.3.    The Host's rights to profit sharing on the show will cease after 30 days of notification to TPN.

8.      Advertising

8.1.     As advertisers are paying us to get their messages out to our audience, The Host will only qualify for a profit share in any given month if they produce the amount of shows as per clause 3.1 of this agreement and insert the required number of advertisements correctly into each show.

8.2.     A general principle of TPN’s advertising policy is that we will endeavour to only place advertisements into shows that are relevant and respectful of the audience of that particular show. The Host will always have the right of refusal for any advertisement that he/she considers inappropriate for their audience.

9.      Profit Sharing

9.1.   Any profit from advertising revenue generated from a show will be shared 50/50 regardless of who originates the transaction.

9.2.    Profit generated from “run-of-network” or multiple-podcast advertising deals will be shared with 50% going to TPN and 50% being shared evenly across all shows involved in the transaction.

9.3  All advertising contracts and invoices will be generated by TPN and funds will be paid into TPN's bank or Paypal accounts by the advertisers.

9.4.    Hosts will be paid within three working days of clearance of the advertiser’s funds into their nominated PayPal account.

10.  Confidentiality Clause

10.1. Any internal business information provided by TPN to a host is to be considered confidential.

11.  Terms and Conditions

11.1. TPN reserve the right to change the terms of this agreement at any time by providing 30 days notice via email and intranet to the hosts.

12.  Termination of TPN hosting agreement

12.1. Either party may terminate the agreement by providing 30 days notice to the other party via email.

12.2. If The Host terminates the agreement within 12 months of the date of this agreement, they agree to refund TPN's site development costs as per Clause 3.3 of this agreement.

12.2. Failure by The Host to abide by any of the above clauses will be considered a breach of this agreement.

 

By signing this agreement and returning it to TPN, you are agreeing to the terms of this agreement. This agreement may not be amended except by mutual agreement of the parties in writing. Legal disputes will be heard under the courts and laws of the State of Victoria, Australia.

 

YOUR SIGNATURE  __________________________________________________________

 

Please send an email confirmation to cameron@thepodcastnetwork.com and also return a signed copy by snail mail to:

Cameron Reilly

13/9 Lackeen St

Everton Park QLD 4053

AUSTRALIA