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MS DIGITAL DAILY CONTENT PROVIDER AGREEMENT

This Agreement is executed this ___ day of __________, 20__ by and between Digital News Corporation, a Mississippi corporation, doing business as MS Digital Daily (“MS Digital Daily”) and ________________________, (“Content Provider”.)

WHEREAS, MS Digital Daily owns and operates an internet website (www.msdigitaldaily.com) relating to news and information in and around Mississippi; and

WHEREAS, Content Provider desires from time to time to upload written, artistic and/or photographic content for display on MS Digital Daily’s internet website;

FOR AND IN CONSIDERATION of the mutual covenants of the parties contained herein, both parties agree as follows:

1.         From time to time Content Provider may provide MS Digital Daily with articles, press releases, commentary, photographs, or other information suitable for publication.  All such information shall be of high quality and shall meet the technical specifications required for submissions, such technical specifications being maintained on the MSdigitaldaily.com website.

2.         As to all such content furnished herein, Content Provider grants MS Digital Daily a non-exclusive, perpetual license to publish such content and derivative works therefrom on the internet or any other electronic media.

3.         MS Digital Daily may, in its sole discretion, refuse to publish, delete, or remove any such content.  Without limiting the foregoing, MS Digital Daily may refuse to publish, delete, or remove (all without notice) any content that MS Digital Daily, in its sole discretion, believes may violate the terms of this Agreement, the Terms of Use of the website, or which might be offensive, illegal or violative of any rights of third parties.

4.         The submission of any content by Content Provider constitutes a representation and an affirmation that Content Provider has obtained all necessary rights, title, and interest in and to, or alternatively, is holding and will continue to hold, the right to license, sell, distribute, convey, transfer, and sublicense all such content to and through the MS Digital Daily website and its users, and that the Content Provider has obtained the proper consents from the persons or their guardians who appear or whose likeness appears in the content.  Content Provider is responsible for all licensing and other fees due for the use and distribution of the content.

5.         The submission of any content by Content Provider constitutes a representation and an affirmation that the content and the rights and licenses granted under this Agreement (1) do not and will not violate any applicable laws, statutes, ordinances or regulations, (2) do not and will not violate any copyright or other intellectual property right (including but not limited to the right of publicity or privacy) of any person or entity, and (3) do not violate any other duty or obligation that Content Provider may have to any other person or entity.  Content Provider hereby agrees to hold harmless MS Digital Daily, its subsidiaries, affiliates, owners, employees, agents, and assigns from any and all claims arising out of the publication and/or dissemination of content supplied by Content Provider.

6.         MS Digital Daily shall advise users to its website of the copyrighted nature of materials appearing on its website.  MS Digital Daily is not responsible for the actions of third parties in copying, distributing, or otherwise infringing on Content Provider’s copyrights, trademark rights, or other intellectual property rights.

7.         Access to the means for uploading content shall be via secure, password accessed portal on the MSdigitaldaily.com website.  Content Provider shall have the ability and authority to control access to content provided on its portal by password.  Content Provider shall at all times maintain the confidentiality and secrecy of its password and shall refrain from distributing its password to any person not signatory to this Agreement.  Content Provider shall be solely responsible for all content uploaded under Content Provider’s account and/or password.

This the _____ day of _____________, 20__.

DIGITAL NEWS CORPORATION                                       CONTENT PROVIDER

BY:________________________________                       BY:____________________________

P.O. Box 2384                                                                ____________________________

Ridgeland, MS 39158-2384                                              ____________________________

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