Video Testimonial Agreement

Gratitude Hearing Video Testimonial Agreement

This Video Testimonial Agreement ("Agreement") is entered into by and between:

  • The Customer ("Customer"), who voluntarily submits their video testimonial; and
  • Gratitude Hearing ("Company").

By submitting a video testimonial to Gratitude Hearing, whether through the website or email, you (the Customer) agree to the following terms:

1. Grant of Rights

By submitting a video testimonial to the Company, the Customer grants Gratitude Hearing and its affiliates a worldwide, perpetual, irrevocable, royalty-free, fully transferable, and sublicensable right and license to use, reproduce, modify, edit, publish, broadcast, distribute, and otherwise exploit the submitted video testimonial, including but not limited to any audio, video, text, or images included therein (the "Testimonial"), in any form or format, for any purpose, including but not limited to:

  • Paid and unpaid advertising (e.g., TV, radio, digital ads, print media)
  • Social media promotion
  • Marketing materials (e.g., brochures, catalogs, websites)
  • Internal use
  • Other commercial and promotional purposes

2. Ownership

The Customer acknowledges and agrees that upon submission, Gratitude Hearing shall own all rights, title, and interest in the Testimonial. The Customer waives any rights, including moral rights, that they may have in connection with the Testimonial. Gratitude Hearing may use the Testimonial in whole or in part, and may modify or edit it as needed, without further approval from the Customer.

3. Compensation

The Customer agrees that submission of the Testimonial is voluntary and that no compensation, payment, or other consideration is due to the Customer for the use of the Testimonial, unless otherwise agreed in writing by Gratitude Hearing.

4. Consent to Use of Name, Likeness, and Voice

The Customer grants Gratitude Hearing permission to use their name, likeness, voice, image, and any other personal attributes as they appear in the Testimonial, without limitation, for the purposes described in Section 1 of this Agreement.

5. Representations and Warranties

The Customer represents and warrants that:

  • The Testimonial is their original work.
  • They have the full right and authority to grant the rights outlined in this Agreement.
  • The Testimonial does not infringe any third-party rights, including intellectual property or privacy rights.
  • All statements made in the Testimonial reflect their honest opinions, findings, and experiences with the Gratitude Hearing product.

6. Indemnification

The Customer agrees to indemnify and hold Gratitude Hearing harmless from any and all claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to any breach of the Customer's representations and warranties, or any other violation of this Agreement.

7. No Obligation to Use

Gratitude Hearing is under no obligation to use the Testimonial in any specific way and may remove or decline to use the Testimonial at its sole discretion.

8. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the state of Florida, without regard to its conflict of law principles.

9. Entire Agreement

This Agreement constitutes the entire understanding between the Customer and Gratitude Hearing regarding the use of the Testimonial and supersedes any prior agreements, whether written or oral.

10. Acceptance

By submitting a video testimonial through the website or email, the Customer acknowledges that they have read, understood, and agree to the terms of this Agreement. No physical signature is required for this Agreement to be binding.

If you have any questions or concerns about this Agreement, please contact us at support@gratitudehearing.com or call (347) 491-7763.

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