The German limited liability company radio.de GmbH, located at Mühlenkamp 59 in 22303 Hamburg, Germany (hereinafter "radio.de") provides users of its services with links and editorial content on radio-related topics as well as simplified and bundled access to web radio stations, subject-matter channels, live streams of terrestrial radio stations, podcasts and further audio offerings. The station that is identified in the form (hereinafter the "station") operates the listed radio station(s), podcasts and/or further audio offerings, which the station offers additionally or exclusively (respectively) as a stream (hereinafter the "stream") to be broadcast online. Submission of the completed form and subsequent acceptance via e-mail by radio.de creates the following contractual agreement for integration of the stream with the radio.de media platform:
1. radio.de has the right to integrate the stream in its own media platform and thereby provide users with the possibility of accessing the original source of the stream. The term media platform is understood to mean all radio-related services and offerings by radio.de, affiliates and cooperation partners of radio.de that are offered through the use of media players and/or the databases of radio.de, irrespective of whether the media players or access to the radio.de databases is provided via online platforms (e.g., www.rad.io) or applications/interfaces that can be retrieved online or via end devices. The term cooperation partner is understood to mean all providers that use the media players and/or radio.de databases with the consent by radio.de. Affiliates is understood to mean companies that offer services according to the radio.de system and that are affiliated with radio.de pursuant to §§ 15 AktG [German stock corporation act]. No duty to integrate exists which is why radio.de has the right to exclude the stream from the media platform at its own discretion at any time, also without specifying a reason.
2. radio.de has the right to name and/or reproduce the logos and marks of the station as well as the URL of the stream and use this information for the purpose of illustrating the content of the stream on the media platform, in its sales and marketing documents and in the context of further promotional activities.
3. radio.de has moreover the right to implement technical steps for achieving an advanced data feed, for example reading and converting meta data from the stream or stream server. These activities shall not compromise the station's content.
4. radio.de has the right to provide affiliates or cooperation partners with the presently agreed equally comprehensive integration.
5. The station confirms that it has the right to integrate the stream in the media platform as stipulated in this agreement . The station further verifies that the integration of the stream in the media platform and the contents thereof pursuant to the agreement are lawful and do not infringe on the rights of a third party.
6. The present agreement and its implementation does not create any costs for the parties. Any agreements with collecting societies shall remain unaffected.
This agreement is open-ended and can be regularly terminated by either party with six (6) weeks advance written notice. The right for extraordinary termination for important cause shall remain unaffected.
Only German law shall govern the present agreement. Sole place of jurisdiction for any dispute that may arise between the parties from the present agreement is Hamburg.