Auctane Testimonials and Publicity Release (“Release”)

Last revised July 22, 2024

In exchange for a $20 gift card (“Gift Card”) and other good and valuable consideration, receipt of which is hereby acknowledged, I, the undersigned (“Licensor” or “me”), hereby irrevocably grant Auctane, Inc. and its affiliates (collectively, “Auctane”), their subsidiaries, licensees, sublicensees, officers, directors, employees, agents and representatives who are acting on behalf of Auctane (collectively, the “Licensees”), the irrevocable, worldwide, sublicensable, assignable, royalty-free and perpetual right and license to publish, edit, broadcast, distribute display, and otherwise use in any manner my survey testimonial video (“Testimonial Video”), including my likeness, voice, name, image, and/or any other indicia of my persona (i) as incorporated in the Testimonial or (ii) in connection with Auctane’s use of the Testimonial or my survey responses.

In order to receive the Gift Card, your Testimonial must comply with the following submission guidelines:

All aspects of the Testimonial Video must be originally created by and solely owned by you.
The Testimonial Video must not infringe, misappropriate, or violate any rights of any third party.
The Testimonial Video must not include content that is deceptive, misleading, defamatory, disparaging, threatening, profane, obscene, pornographic, hateful, indecent, inappropriate, or injurious. The Testimonial Video must not contain or describe any harmful or illegal activity or content or in any way violate any laws, rules, or regulations.

Licensor represents and warrants that the Testimonial Video accurately reflect Licensor’s opinion, is true, and is based on personal familiarity with Auctane’s products and services. Licensees may alter the Testimonial Video in any way that does not alter the spirit or integrity of the Testimonial Video. Should the Testimonial Video no longer be true at any point in the future, Licensor will promptly notify Auctane of such. Your Likeness and Testimonial Video are collectively the “Rights” and each a “Right.”

Licensees may use the Rights at any time by means of any media, now known or hereafter known, throughout the universe in perpetuity, including in the creation of print, digital, online, email communications and social media (paid and organic), and other materials (the “Auctane Materials”), without restriction as to changes, edits or alterations, for advertising, trade, promotion, exhibition or any other lawful purposes. Licensor acknowledges and understands that Licensees are not under any obligation to exercise any of the rights, licenses and privileges that have been granted herein with respect to the Rights.

Licensor acknowledges that Licensee is the owner of all Auctane Materials and Licensor hereby waives any right of copyright or ownership rights in connection with the Auctane Materials. Licensor further waives any right that Licensor may have to inspect or approve the Auctane Materials or Licensor’s other use of the Rights, and waives any right to royalties or other compensation arising from or related to use of the foregoing. Licensor represents and warrants that Licensor has full right, power and authority to permit Licensees’ use of the Rights provided for herein, Licensees’ use of the Rights as set forth in this Release will not violate the rights of any third party, including, without limitation, trademark, copyright or right of publicity or privacy. Licensor waives any right to enjoin or otherwise impair Licensees’ use of the Rights as set forth in this Release.

Licensor hereby indemnifies, releases and discharges Licensees and all persons acting under Licensees’ authority, from any liability for damages, claims or other losses relating to the Rights hereunder, including, but not limited to, libel, or violation of any right of publicity, privacy or moral rights, or any other intellectual property right, as well as all claims by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form, whether intentional or otherwise, that may occur or be produced in connection with Licensees’ use of the Rights, even though it may subject Licensor, their heirs, representatives, successors, and assigns, to ridicule, scandal, scorn, and indignity.

If Licensor is signing in their capacity as an employee of a corporation or other legal entity, Licensor warrants that Licensor is fully authorized to grant the rights set forth in this Release. If any provision of this release is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this release shall remain valid and enforceable. This release shall be binding upon Licensor and their heirs, legal representatives, successors, and assigns. No other authorization is necessary to enable Auctane to use the Rights or Auctane Materials for any purpose. Nothing in this contract shall limit or restrict any rights otherwise enjoyed by Auctane under law or contract. This is the entire contract with respect to the subject matter herein. This Release shall be construed and interpreted in accordance with the laws of Texas. The jurisdiction and venue of all matters relating to this Release shall be vested exclusively in the Federal and state courts for Travis County, Texas.