ProMed Network Podcaster User Agreement


1.  Who we are (ProMed Network):  ProMed Network, MedicCast Productions, LLC and RawVoice, Inc. are used interchangeably within this Agreement and for all purposes one and the same.    We are MedicCast Productions, LLC and RawVoice, Inc., a Nevada corporation and developers of the ProMed Podcaster Network.  Our address is at 823 South Sixth Street, Suite 100, Las Vegas, Nevada 89101.  Questions can be directed to legal@rawvoice.com.

2.    Our Goal:  Our goal with ProMed Network is to provide the best listener experience possible.  We will do this by bringing together a variety of quality medical and health podcasts into one network.  We will provide assistance to you, the Podcaster, through our Brand Builder program.  This program includes helping our Podcasters by working with them to develop their branding, audio quality, intros, sweeps and outros.  Through our marketing and enhanced site design we as a team will  develop a listener community where listeners can share their favorite MyCast feeds and communicate with each other about their favorite podcasts.  We will build a unparalleled podcaster community where listeners and podcasters can interact with other podcasters on the ProMed Network.

3.    Our Pledge, Commitment and Notices

a.    Your RSS Feeds:  Participating Podcasters will retain their RSS feeds.  You do not have to change anything!  This includes where you host your files, your RSS feeds, and any other specific directory listing.  With our most popular plans (outlined later)  ProMed Network will import your existing podcast RSS feeds and migrate that data into your branded show profile on the ProMed Network.  This process will not change anything within your RSS feeds.  Listeners will be able to subscribe to your RSS feed or utilize the MyCast service on the ProMed Network website.

b.    Mycast: Those listeners using Mycast to arrange, and select their favorite podcasts at ProMedNetwork.com will be able to create a custom RSS feed which will allow them to subscribe and and our listen online to those shows that they have added to their profile. Their profile will be shared so you can see who is subscribing to your show.

c.    Statistics:  In certain plans ProMed Network will provide the Podcaster with secondary confirmation of there listener statistics to include the number of downloads a podcast has received in a calendar month.  

d.    Advertising Revenue Share requirements:  In order for us to negotiate ad campaigns and execute them fairly Podcaster will be required to provide, or allow ProMed Network to obtain, a copy of the raw log files from the Podcaster's server prior to campaign starts and after campaign conclusions.  ProMed Network will work with the Podcaster to make this process as unobtrusive as possible.  The raw log file is important in determining your revenue share for advertising promotions.  You may need to provide these files to the folks at ProMed Network so they can calculate your pay.

Note: Because this is a sensitive subject ProMed Network will never share your individual show numbers to any other party, as we will be doing group ad buys your numbers may be combined with others but never independently released without your written permission. RawVoice the parent company of ProMed Network will limit internally access to these statistics to even staff of the company. We want to assure all perspective podcasters that your data will be handled as privately as possible.

4.    Your Commitment to ProMed Network:  We expect no long-term commitment from you.  You are free to terminate this agreement by giving ProMed Network 10 days notice before your last podcast is pulled into the ProMed Network.  We will give you the same notice in the event we wish to terminate the agreement with you.  This notice can be given to the email address at legal@rawvoice.com and we will send any notices to you to the email address that you provide to us.

a.    RawVoice, Inc. may send a 10 day termination notice to the Podcaster should the podcaster become inactive for a period of 30 days or more. 

b.    There is one exception to your commitment with ProMed Network and that is in the event that the Podcaster, ProMed Network and a third party enter into an agreement to provide advertising for the third party.  In that event, the term of this agreement will extend to, or equal, the length of the contract with the third party.  If you breach the agreement with the third party, without cause, then you agree to reimburse RawVoice, Inc. for any expenses, including legal fees and damages that result due to the breach.

c.    This agreement will be for a term of one year from the date of the Podcaster's signature or electronic approval.  This agreement will automatically renew for a term of one year at its expiration date and continually renew for one-year terms until five years has commenced or a notice of 10 days is given to either the Podcaster or ProMed Network, respectively, of the other's intent not to renew the agreement.  The exception to this is in paragraph "a" above.  If this Agreement is terminated for any reason, the Podcaster will be paid any amounts due up to and including the date this Agreement is terminated.  

d.    This agreement is not an exclusive agreement between ProMed Network and the Podcaster.  You may affiliate with other networks, endorse or promote other podcasts, make paid or unpaid appearances and retain ownership of the content that you produce.

e.    ProMed Network does restrict you from independently soliciting for advertising with companies, organizations or individuals that are currently advertising with ProMed Network or have advertised with ProMed Network in the previous twelve months.

f.    You also agree that the content in your podcasts are free of copyrighted material unless you have explicit written permission to use such material or the copyrighted material clearly falls within the "fair use doctrine."  If your content violates copyright restrictions, or is alleged to violate copyright restrictions, you agree to indemnify RawVoice, Inc., its shareholders, officers, directors and employees for any damages or expenses incurred as a result of the copyright violation, including attorney fees, whether or not a court of law finds that a copyright violation actually occurred.  

g.    The content of your podcast must be free from speech that advocates violence or speech that promotes hate.  ProMed Network reserves the right to immediately remove any podcast from its network that in its sole discretion is deemed to violate the restrictions of this paragraph.

5.    Advertising Revenue:  You can begin earning advertising revenue on your first show that is pulled into the ProMed Network.  You do not have to reach a minimum number of downloads to begin earning revenue.

6.    Brand Builder:  If you so desire, ProMed Network will make a significant investment in improving the quality of your podcast through our Brand Builder service.  The improvements may include graphic design services, voice services including intros, sweeps, outros and consulting services regarding the content and delivery of the content in your podcast.  Every Podcasters Brand Builder requirement will be different and we will  outline basic minimum prices for services in the attached Feature Sheet but each podcaster will be given a independent work order detailing the Brand Builder service we our our third party contractors will provide.

7. ProMed Network has two types of Listing Plans: Plan One Termed: Second Point of Presence, This plan is designed for those that already have their Podcast hosted on another service and or your own domain, blog, in which you already have audio hosting. ProMed Network will act as a second point of presence, and will import your RSS feed into the ProMed Network website where your podcast can be promoted, and you can setup your site branding in your ProMed Network show profile  The end goal of a second point of presence is that ProMed Network and it's wide feature sets (see feature sheet) is to build traffic for your podcast build your independent branding while you continue to maintain and grow your original point of presence.  Just to Clarify In Plan One your show will have two points of presence; your primary existing website and on the ProMed Network website.

a.    Plan One is free to the Podcaster.  All that we ask is:

i.    To allow ProMed Network the right to negotiate a single advertisement 30-40 seconds long for your podcast.  You will always have the right of refusal to not participate in any proposed advertising campaigns  Keypoint: You always have the right to chose if a campaign meets your sites objectives and or earnings potential and refuse to participate. All Advertising campaigns are voluntary!

ii.    You agree to insert a short non obtrusive ProMed Network site promotion in your podcast, if you choose not to have any ProMed Network negotiated advertising campaigns in your podcast, or if there are no advertising campaigns available at any given time.

Note: ProMed Network is not a directory, it is a community website were all podcasters help equally to build the community.



iii.    Please refer to the linked feature sheet for more information on Plan One and the revenue sharing arrangement that we will make with you for advertising campaigns.  The linked Feature Sheet is incorporated in to this Agreement by reference.


iv.    Please note that if you commit to an advertising campaign that you will be contractually required to continue to produce your podcast for the duration of the advertising campaign and at the same frequency (meaning weekly, daily, twice a week, etc.). The lengths and terms of all campaigns will be agreed by you prior to their commencement.  ProMed Network may recoup any lost revenue from you if you fail to honor this commitment.  Details of all advertising plans will be very explicit in your requirements.


8.    Plan Two Termed "Complete Hosting Solution"  This plan is designed for anyone that wants to use the ProMed Network platform as their exclusive point of presence this is a complete Podcast hosting and publishing solution within the feature sets outlined in the Feature Sheet.  We will  provide the hosting of your audio files and we will deliver your audio to our audio host partner.  The fee for Plan 2 the complete hosting solution is detailed in the Feature Sheet that is incorporated herein by reference.  Note: The Plan Two Podcasts are exactly the same as Plan One Podcasts in terms of the advertising campaigns and ProMed Network promotional requirements.  

a.    All of the paragraphs of Plan One are incorporated in Plan Two with the exceptions and additions stated above.

Subnote: Our goal is to build a community that helps each podcaster grow professionally while at the same time building individual brands and audience sizes. Your shows growth and success are priority number one above all else, along with monetization of your program.

9.    Feature Sheet The terms and specifications detailed in the Feature Sheet that is incorporated by reference into this Agreement may be modified in whole or in part by ProMed Network with Thirty Days (30 Days) notice to the Podcaster.

10.    Agreement of Confidentiality Podcaster agrees not to disclose the following:

a.    The terms or content of this agreement
b.    Any financial arrangements between the Podcaster and ProMed Network
c.    Any financial arrangements between any advertisers, the Podcaster and/or ProMed Network
d.    Any information regarding the operation of the ProMed Network website that is declared as confidential or proprietary by any officer, director or employee of ProMed Network.

11.    Agreement Regarding the Nature of the Relationship between Podcaster and ProMed Network:

a.    The Podcaster is not an employee of ProMed Network and is considered an Independent Contractor.

b.    The Podcaster will provide the required I.R.S. forms with sufficient information so that Blubrry can produce an I.R.S. form 1099 Misc. Income at the end of the year.  
c.    Podcasters personal information will not be shared with a third party
d.    Podcasters that are required to submit log files in conjunction with advertising deals to determine show market share for payment purposes and or advertising negotiation process understand that we will never disclose your independent show statistics, but you acknowledge that we will include your show numbers combined with others in presentations and our advertising contract negotiations.

12.    The Podcaster declares that he/she is at least 18 years of age and is competent and has the authority to enter in to this agreement.

13.    ProMed Network may assign this agreement freely and without restriction.

14.    If any portion of this Agreement is declared void or unenforceable the declaration shall have no effect on the remaining portions of this Agreement.

15.    The Parties agree that this is the entire agreement and that there are no other Agreements verbal or implied.  Any changes to this Agreement must be in writing, signed by the parties and attached to this Agreement.

16.    Any dispute regarding the Agreement shall be governed and interpreted according to the laws of the State of Nevada.

17.    You agree to the terms of service in this agreement by submitting your show for inclusion in the ProMed Network.  This agreement is renewed every time a new show is submitted for inclusion in the ProMed Network.  The submission of a show shall mean, but not be limited to, a change in the RSS feed used to update shows within the ProMed Network.

Understand?

We want to make sure you know where we stand.  We know this is a lot of language and we recommend you read every detail.  We hope you will find our terms will work perfect for you. If you have questions or concerns please e-mail legal@rawvoice.com

ProMed Network

Medical and Health Conference Coverage

Medical and Health Conference Coverage

Medical Media For You

Get ProMed badges for your site here