Terms and Agreement
Third Eye Radio NetworkAGREEMENT BETWEEN
Third Eye Radio Network, and Third Eye Radio Network RADIO BroadcastersThis agreement between The Management of Third Eye Radio, including the Third Eye Radio Managing Director, the Assistant, Third EyeRadio Managing Director hereafter together referred to in this Document as Third Eye Radio Management, Third Eye Radio, and the presenter of programming on Third Eye Radio, hereafter referred to in this document as broadcaster, sets out the rights and obligations of both parties. An e-mail reply as well as subscribing to the relevant Third Eye Radio e-mail list(s) will constitute formal acceptance of this entire Agreement.
1.1. Broadcaster agrees to provide on-air content of an
appropriate standard, as defined in this Agreement, for
Third Eye Radio.
1.2. Through the resources of Third Eye Radio, Third Eye Radio agrees to provide fair and
appropriate mentoring, coordination, technical support, and positive promotion of Third Eye Radio
and Third Eye Radio Network.
1.3. Both parties to this Agreement recognize the special responsibility that arises from being associated with an internationally recognized and highly respected organization.
The broadcaster or otherwise person who works with Third Eye Radio assumes the role of representing Third Eye Radio and Third Eye Radioin a way that demonstrates Third Eye Radio as a united front.
1.4. All parties to this Agreement acknowledge the mutual dependence of one on the other, and agree to work to foster mutual respect and trust and above all a fun working environment. All parties recognize that both Third Eye Radioare working largely in a volunteer
capacity. Respect of people’s time and lives beyond Third Eye Radio and Third Eye Radio is
2. MANAGEMENT AND POLICY
2.1 Both Third Eye Radio and the management team strive to work together in ways that mutually support and enhance talents, needs and goals of Third Eye Radio. The Assistant Managing Director reports to the Third Eye Radio Managing Director. The Third Eye Radio Executive Director serves as the direct supervisor of the Third Eye Radio Managing Director. In addition, the Third Eye Radio Managing Director reports to the Third Eye RadioManagement Team. When necessary and appropriate, the Management team, as well as Third Eye Radio management, may delegate some responsibility for carrying out specific tasks including, but not limited to,
promotion or production where Third Eye Radio is an integral avenue for relevant Third Eye Radio activities.
2.2. Third Eye Radio undertakes to consult with the Management team on policy decisions whenever practicable in a spirit of genuine partnership, and pays close attention to the views expressed during that process. All parties involved strive to work together to achieve consensus.
2.3. Each broadcaster is encouraged to participate fully,
frankly and maturely in discussions on policy, respecting
that Third Eye Radio’s purpose is primarily to support the initiatives of Third Eye Radio Network.
2.4. Upon the making of a policy decision, each
broadcaster is required to abide by all policy decisions
2.5. Third Eye Radio Management will work with broadcasters to schedule show(s) at mutually
convenient times to fill empty slots. Priority will be given to keep shows and broadcasters in their
current scheduled time slot. When there are two broadcasters wanting the same empty slot, priority
will be given to broadcasters who have been determined by Third Eye Radio management to be qualified
and who applied first.
Bumping broadcasters from already filled slots is not an
option unless it is a mutual decision between the
broadcaster and Third Eye Radio Management.
3.0. CONFIDENTIAL INFORMATION
3.1. A broadcaster may, from time to time, be made aware of information of a confidential and/or sensitive nature. This information may include, but is not limited to, server passwords, statistical information, and future plans for Third Eye Radio.
3.2. Third Eye Radio undertakes to provide such useful/essential information in a timely manner.
3.3. Third Eye Radio undertakes to clearly indicate when any information communicated to a broadcaster is not for wider dissemination.
3.4. A broadcaster undertakes not to disclose this
information to those not involved with Third Eye Radio, or otherwise, not relevant or appropriate to
the discussion. Itis the responsibility of the broadcaster to keep all such information confidential at the time this information is shared as well as going forward. This would include any broadcaster who leaves the project, is found to have shared such confidential information. A broadcaster who violates confidentiality may be dismissed and/or not allowed to return to the project and may or may not have legal recourse.
4. CONFLICTS OF INTEREST
4.1. It is recognized that a broadcaster may be involved in personal Internet broadcasting or Internet broadcasting outside Third Eye Radio. Participation in Third Eye Radio does not preclude this arrangement. Such Participation may be valuable in improving broadcaster’s on-air skills and may, in fact, attract
additional listeners to Third Eye Radio.
4.2. Issues of conflict of interest may arise if a broadcaster is involved in a project which is openly critical or demeaning of Third Eye Radio through e-mail lists, Twitter, Facebook or other social networking, public in-person gatherings or on-air behavior. These matters will be discussed with a Broadcaster on a case by case basis. If an irreconcilable conflict of interest is found to exist, a broadcaster will be required to make a decision with which conflicting Project they wish to be involved.
4.3. A broadcaster who is on other stations may mention
station(s) on which their show is airing, making all attempts to promote Third Eye Radio before and during their show.
Wherever possible, the broadcaster will inform listening
audiences on all stations where their shows originate,
about the activities of Third Eye Radio and programming on all streams of Third Eye Radio.
4.4. Historically Third Eye Radio has maintained good relationships with other stations, carrying some of their
programs. We will continue to do so when it is mutually
beneficial and respectful of Third Eye Radio. While we recognize programs of such stations are not programs brought by Third Eye Radio, property of Third Eye Radio Such relationships are exceptional and cooperative.
When we carry programming from flagship stations, they
are not bound to this agreement in terms of requirements
with respect to airing our promos, though they are still
responsible for observing licensing standards.
If at any time, their programming or on-air behavior is
detrimental, such as critical, speaking negatively or
judgmentally of Third Eye Radio or Third Eye Radio Network, such as content, broadcasters, management or quality of Third Eye Radio, their programming may be subject to removal as outlined in Section 14.
Wherever possible, as in the case of Third Eye Radio
broadcasters from flagship stations whose programs we
carry are encouraged to promote and support Third Eye Radio, including but not limited to, Third Eye Radio activities, our shows, broadcasters and schedule.
5. Third Eye Radio ELECTRONIC MAIL GROUPS
5.1. Broadcasters and other relevant staff members who
work with Third Eye Radio are required to be subscribed to the Third Eye Radio station-wide e-mail list and any other such list(s) where it is relevant.
5.2. As participation in such e-mail list(s) is compulsory,
broadcaster undertakes to ensure that all administrative-
related postings made to the list are absolutely relevant
with appropriate subject line when dealing with an
important or sensitive topic such as show absence,
requesting to use the test server etc. Participation on a
lighter note such as informal discussion is optional.
5.3. Promoting one’s show in the list and other Third Eye Radio lists is strongly encouraged. When broadcaster publicizes their show, care must be taken to include and properly spell names of any contributors, such as guests for interviews, or material taken from other podcasts/shows.
5.4. It is the broadcaster’s responsibility to check their e-
mail in a timely manner to be aware of any Third Eye Radio business that has been posted. This is important when announcements are made such as show covers needed and/or accepted, promos needing to be played and/or retired, new shows added etc.
6. TEAM BUILDING
6.1. Broadcaster undertakes to conduct him/herself, both
on and off the air, in a manner that fosters a climate of co-operation, team spirit, a positive public image and mutual respect toward Third Eye Radio management, policies, practices, and Third Eye Radio. Off-air activity includes but is not limited to social networking.
6.2. Third Eye Radio undertakes to hold virtual staff meetings on an approximate monthly basis for the fostering of team spirit, updates regarding Third Eye Radio , important activities of Third Eye Radio, where and how Third Eye Radio can help, evaluation of
policies and practice, and any adjustments to the schedule. Broadcasters are encouraged to attend whenever possible. Meeting times are rotated from time-to-time in an attempt to include broadcasters who might otherwise, not attend. A written summary of the meeting is to be posted to the list the following day by Third Eye Radio management or person who has agreed to perform this task.
6.3. Third Eye Radio reserves the right to issue a formal
warning as detailed in section fourteen of this agreement, if broadcaster is, in the opinion of Third Eye Radio management, conducting him/herself in any manner which may prove detrimental to the well-being of Third Eye Radio or Third Eye Radio Network And
staff morale. Such behavior may include, but is not limited to, personal or unconstructive criticism of fellow staff members, public criticism of Third Eye Radio , criticism directed at forums, including social networking, other than official communications channels, the repeated lodging of frivolous or vexatious complaints, on and/or off-air comments about internal Third Eye Radio , staff, policies and practices, and, the organization of Third Eye Radio matters or technical issues, personal comments on or off air about individual staff, any other action that may be construed as being intended to harass another staff member.
7.1. Broadcaster agrees to take all steps to ensure that
hardware and software is optimized before broadcasting.
This should include extensive testing on the Third Eye Radio test server or on a private Shoutcast server, as well as quality of recordings with respect to pre-recorded shows.
7.2. Broadcaster agrees to start and end his/her show
punctually. Broadcaster agrees to take all reasonable steps to ensure that a connection is made to the server no more than thirty seconds after the previous broadcaster has disconnected. Generally, broadcaster should endeavor to disconnect from the server no more than sixty seconds either side of the scheduled end of their slot.
7.3. All broadcasters are encouraged to keep a regular
show commitment as often as possible. This helps to grow and keep new and regular listeners. Sufficient planning regarding time off from regular pre-recorded shows, such as those for Mainstream is essential. Broadcaster agrees to advise the Third Eye Radio Assistant Managing Director or Managing Director as soon as possible when they will be unable to broadcast for any reason. Broadcaster may, on a case-by-case basis, by way of approval from Third Eye Radio
management, prerecord show(s), to be uploaded to the
Third Eye Radio Dropbox no later than the morning of the day the show is scheduled, (evening before if it is a morning show), Following up in a timely manner with an email or phone call to one of the Third Eye Radio managing directors that the show is prerecorded and in the appropriate Dropbox ready to be uploaded to the server. Unattended automated shows during broadcaster scheduled time under any circumstances are not permitted. Any broadcaster who is found relying on an unattended automated broadcast may be suspended or dismissed from Third Eye Radio.
7.4. Notice of absence for shows where another
broadcaster could step in, or where a show can be replayed should be given as soon as possible, at least forty-eight hours in advance of when it is due to take effect particularly if cover is being requested. In the case of a pre-recorded show provided by the broadcaster, twenty-four hours is preferred, details agreed upon on a case-by-case basis between broadcaster and management.
7.5. Where a broadcaster has indicated an absence and a need for a show to be covered, broadcasters may offer
cover by sending a message to the Third Eye Radio email address.
Cover requests will be responded to by Third Eye Radio Management, that is, the Assistant Managing Director and Managing Director.
Permission from another broadcaster is not acceptable. If, after 12 hours of a cover offer a response has not been received and made known to the broadcaster ACBRI-All list, from one of the Third Eye Radio Managing Directors, a broadcaster may seek a decision from the head of the Third Eye Radio Management team.
It is important that broadcasters who wish to cover have
ample opportunity to respond to a cover request,
particularly newer broadcasters who want to try a different genre or a different time slot.
To keep cover opportunities fair, cover requests will be
briefly held, not merely granted first-come, first-serve
response, allowing for a variety of broadcasters to have on-air opportunities.
7.6. Following a prolonged period of absence, Broadcaster must provide an updated demonstration at the request of Third Eye Radio management prior to his/her next show.
7.7. In the event broadcaster is absent for a period
exceeding two months, Third Eye Radio Reserves the right to re-allocate presenter’s scheduled slot.
7.8. Broadcaster makes every effort to continually monitor the stream when broadcasting. Such monitoring makes it possible for the broadcaster to adjust his/her own sound levels and other on-air quality.
7.9. It is the responsibility of each broadcaster to be aware of communication during and/or following their show. Listeners who wish to contact by way of e-mail and/or Twitter etc. who remain ignored, or where there is a long lapse between their contact and response can lose interest. Any difficulty with such communication can be resolved on a case by case basis.
7.10. All Third Eye Radio staff members are required to fill out a form logging volunteer hours on a monthly basis, to include on-air time, show prep time, meetings, production or other Third Eye Radio related work.
7.11. While it is recognized that for many, Third Eye Radio is a learning ground for gaining experience, learning skills and building confidence, since Third Eye Radio is a nonprofit consumer organization, and since Third Eye Radio is an outreach vehicle by which Third Eye Radio is “The Voice Of The Blind Community”, after one year of involvement with Third Eye Radio, Third Eye Radio broadcasters are asked and strongly encouraged to help with.
8. PLAYING PROMOS, IDS AND SPONSOR SPOTS
8.1. Broadcaster utilizes appropriate promos and spots
only from the Third Eye Radio Elements Dropbox folder, playing a variety to reflect all Third Eye Radio streams and PSA’s relevant to Third Eye Radio.
8.2. In the interests of promoting the full range of
programming found on Third Eye Radio, each regularly
scheduled show originating from Third Eye Radio is expected to have a promo or liner available for download from the Third Eye Radio Elements Dropbox folder. The promo and/or liner should not exceed sixty seconds in length, (unless approved by Third Eye Radio Management), and should contain the name of broadcaster, the show name, the time in
coordinated Pacific Time that the show will air, and any
information broadcaster cares to include the type of
content to be heard during the show. The broadcaster is
strongly encouraged to see that a promo or liner is
recorded and uploaded to the Third Eye Radio Dropbox folder, (where files are received), for approval and appropriate tagging. In the event a show is without a promo for more than four consecutive weeks, the Production Coordinator will ask the production team to work with the broadcaster to produce a promo or liner for the show.
8.3. Third Eye Radio reserves the right to withdraw or retire a promo for any of the following reasons: if it exceeds the recommended duration; does not, in the opinion of Third Eye Radio Management, meet appropriate standards of production or content; contains out of date information or has been running continuously on the station for a period exceeding 6 months. Note: broadcaster may if he/she wishes, resubmit a promo which was retired more than 6 months ago, so long as the timing and schedule are still relevant.
8.4. Broadcaster whose show(s) originate from Third Eye Radio agree to play no fewer than three promos and one ID, or heavily promote Third Eye Radio no fewer than 3 times per hour, reflecting the broad range of Third Eye Radio across all streams, and relevant Third Eye Radio activities.
8.5. Broadcaster agrees to play one version of the Third Eye Radio Disclaimer located in the Third Eye Radio Elements Dropbox folder once per show.
8.6. Broadcaster agrees to play any required promos
communicated by Third Eye Radio Management. These may be on a per show or even pure hourly basis for the duration such promos are deemed relevant to Third Eye Radio Management.
8.7. When Third Eye Radio establishes relationships with
underwriting sponsors, broadcaster whose show(s)
originate from Third Eye Radio agrees to play one spot per hour per sponsor. Third Eye Radio will make any such sponsor spots and schedule available to broadcaster upon acceptance of this agreement.
9. CREATING ON-AIR ELEMENTS
9.1. Broadcaster is invited, but in no way required, to
submit jingles, general station promos, or Ids for
consideration, submitting such material to the Third Eye Radio Dropbox, notifying Third Eye Radio management they have submitted material for consideration.
9.2. Such material is donated to Third Eye Radio and Third Eye Radio broadcasters with the understanding that a license is permanently granted to use this material irrespective of the duration of broadcaster’s involvement with Third Eye Radio .
9.3. Materials such as IDs, promos etc., are for use during show time through Third Eye Radio ‘s streams only.
9.4. In compliance with the Digital Millennium Copyright Act (“DMCA”) It is illegal and prohibited for show archives, playlists, any manner of show replays containing Third Eye Radio content to be made available to listeners outside of Third Eye Radio air time, such as in downloadable archives, Dropbox, email announcements, and streamed replays of music shows
beyond Third Eye Radio programming. All material, such as promotional materials, playlists, musical show content
originating by way of Third Eye Radio under its license, is the sole property of Third Eye Radio. Violation of this may result in dismissal from the project, (See Section 14,) and even penalties beyond Third Eye Radio if caught.
10.1. Broadcaster is free to broadcast any musical content he/she wishes subject to any clause in this agreement. Third Eye Radio will not institute a music scheduling system that requires certain tracks to be played at specific times.
10.2. Any policy decisions regarding the airing of specific
content at specific times, such as promos, contests or
information, must take priority over broadcaster’s own
10.3. Broadcaster will make every effort not to broadcast
recorded material that contains blatantly offensive lyrics or that promotes wanton violence against persons or
property. It is recognized that from time to time the
occasional word in a recorded work may slip through and
that this is difficult to avoid. Third Eye Radio acknowledges that it is impossible to offend no one. Material that is largely offensive in content is not to be played and may result in a formal warning being issued under Section 14 of this Agreement. However, because of the wide range of tastes and potential interpretations, Third Eye Radio management undertakes to discuss any complaints arising from musical or recorded content with broadcaster in a fair and deliberative manner.
10.4. Voice breaks should occur no less than every fifteen minutes, although a blanket exception is granted for long pieces of music that might be played on an occasional basis. The period between voice breaks may also be extended in the case of special features. Exceptions of this kind must be negotiated.
10.6. Broadcaster will make every reasonable effort to
ensure that once playing, song lyrics and other pieces of
music are not interrupted with inappropriate regular and
prolonged chatter or other extraneous noise.
10.7. Complying with the Digital Millennium Copyright Act
1. Metadata Streaming: Each broadcaster must stream
metadata to Third Eye Radio. The metadata satisfies the
requirements to display copyright notices and also assists Third Eye Radio to collect required data for submission in the Report of Use to SoundExchange. The metadata which must be streamed is:
– Artist, Song title, and if possible, album. Great care
must be taken to ensure that these data are recorded
accurately. Inaccurate data may lead to copyright
infringement, fines and suspension of our license.
– Broadcaster should play sound recordings that are
authorized for performance in the United States. This
means that whenever possible you should play a work
copyrighted in the U.S over its counterpart copyrighted
in another country.
3. Performance is each instance in which any portion of a
sound recording is publicly performed to a listener by
means of a digital audio transmission or retransmission
(e.g., the delivery of any portion of a single track from a
compact disc to one listener) with the following exceptions:
. The sound recording is not copyrighted;
. Third Eye Radio has previously obtained a license from the
Copyright Owner of the sound recording; and the
performance is incidental—30 seconds or less as a
show intro, background or for a promo of no more than
60 seconds in length.
10.8. Broadcaster agrees never to air audio described
content such as movies, TV shows unless such content is in the public domain. Broadcaster further agrees never to air in part or in whole, any audio books prepared
commercially or by the National Library Service for the
Blind and Physically Handicapped. Violation of this section may result in suspension or termination from the Third Eye Radio project. (See Section 14.)
11.1. Broadcaster undertakes to keep for a period of one
month, a digital archive of all shows that he/she hosts on
11.2. Third Eye Radio may from time to time request a copy of any specific show, and such should be provided by the broadcaster in a timely manner. Failure to do so may result in a written warning as detailed in Section 14 of this Agreement.
12. SKILLS DEVELOPMENT
12.1. Third Eye Radio undertakes to provide constructive
comment to broadcaster on how his/her show may be
improved. This may include, but is not limited to, technical issues, on-air style, and compliance with this Agreement.
12.2. Broadcaster agrees to take these factors into account on future programmers, and to take this feedback in the constructive spirit with which it was offered.
13.1. If broadcaster is of the opinion that another
broadcaster has in some way breached this Agreement,
the broadcaster with the concern agrees to immediately
contact the Managing Director, Assistant Managing
Director, or member of the Third Eye Radio Management team, and not any of the Third Eye Radio e-mail lists.
Unless a formal complaint is received, no action will be
13.2. Listeners are advised of an address to which they can e-mail both favorable and negative comments. Broadcaster agrees to broadcast this address at least once in every show.
13.3. When a complaint is received, Third Eye Radio management will make every effort to establish the veracity of the complaint before broadcaster is contacted. It may be necessary for broadcaster to produce the digital archive of their show as detailed in Section eleven of this agreement.
13.4. Both the complainant and the subject of the complaint will be advised if the complaint has been upheld. If it has, broadcaster will be advised of what remedial measures need to be taken.
13.5. A grievance committee comprising of the managing
director, assistant managing director of Third Eye Radio and one peer broadcaster, delegated by the managing director. Is available, should a broadcaster feel the need for further arbitration on their behalf. If a satisfactory conclusion is not reached, such a person may request their case be heard at an Third Eye Radio management team meeting to be determined.
14. DISCIPLINARY PROCEDURES
14.1. In most cases, a formal warning will be issued to
broadcaster if he/she has breached this Agreement for the first time. Subsequent warnings may be issued if it is
considered that the two breaches are not sufficiently inter-related, or one or more of the incidents was, in the opinion of Third Eye Radio Management and/or the Third Eye Radio Management Team, believed to be inadvertent.
14.2. A second breach of this Agreement where that breach is materially similar to the first will result in dismissal.
14.3. Where a breach of this Agreement involves
broadcaster personally using profanity or sexually explicit
material on the air or otherwise in the opinion of Third Eye Radio is sufficiently serious, dismissal will be immediate.
14.4. Suspension may be used in response to some
breaches of this Agreement.
14.5. Third Eye Radio Management undertakes to ensure that every opportunity is given to the broadcaster to explain his/her actions and that any mitigating circumstances will be taken into account.
15. CHANGES TO THIS AGREEMENT
15.1. This Agreement may be updated from time to time.
Third Eye Radio undertakes to bring this agreement to Third Eye Radio broadcasters and staff members at least once a year, more often when changes are in effect or necessary.
15.2. Broadcaster undertakes to store this Agreement and refer to it in the first instance when questions of conduct or process arise.
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