I hereby irrevocably authorize and grant full permission to Xactly Corporation , and any and all sponsors, their representatives and successors (collectively with Xactly, the “Released Parties"), to publicly display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works of, exploit, sell, rent, license, otherwise use and permit others to use my name, image, likeness and appearance, voice, and other personal characteristics and information and all materials created by or on behalf of the Released Parties that incorporate any of the foregoing (“Materials”) on a perpetual basis throughout the world and in any medium or format whatsoever now existing or hereafter created, including without limitation on the Internet, and for any purpose, including without limitation advertising, public relations, social media, publicity, and promotion of the Released Parties and its affiliates and their businesses, products, and services, without further consent from or royalty, payment, or other compensation to me.
I understand that my image may be edited, copied, exhibited, published, or distributed and waive the right to inspect or approve the finished product wherein my likeness appears and that the Released Parties have no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from the Released Parties’ editing, alteration, or use of the Materials. Additionally, to the fullest extent permitted by applicable law, I hereby waive any right to royalties or other compensation arising or related to the use of the Materials. Furthermore, to the fullest extent of applicable law, I hereby waive all legal and equitable rights relating to all past, present and future liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for defamation, invasion of rights of privacy or publicity, intrusion, false light, or any similar claim or cause of action in tort, contract, or any other legal theory, now or hereafter known in any jurisdiction throughout the world (collectively, “Claims”) arising directly or indirectly from the Released Parties’ exercise of their rights hereunder and the use and exploitation of the Materials, and I hereby covenant not to make or bring any such Claim against the Released Parties and forever release and discharge the Released Parties from liability under such Claims. This Publicity Waiver and Release is binding on my heirs, executors, successors, and assigns. There is no time limit on the validity of this release nor is there any geographic limitation on where these materials may be distributed.
I UNDERSTAND THAT THIS PUBLICITY WAIVER AND RELEASE PROVIDES THE RELEASED PARTIES WITH MY ABSOLUTE AND UNCONDITIONAL CONSENT, WAIVER AND RELEASE OF LIABILITY, ALLOWING THE RELEASED PARTIES TO PUBLICIZE AND COMMERCIALLY EXPLOIT MY PERSONAL CHARACTERISTICS AND INFORMATION AS SET OUT ABOVE. BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND ALL OF THE TERMS OF THIS PUBLICITY WAIVER AND RELEASE AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES.
BY SIGNING THIS RELEASE, I ALSO UNDERSTAND THAT ANY IMAGES CONTAINED IN THIS CONSENT SHALL BE HELD BY XACTLY IN ACCORDANCE WITH THE APPLICABLE PRIVACY AND DATA PROTECTIONS LAWS AND REGULATIONS (INCLUDING BUT NOT LIMITED TO THE GENERAL DATA PROTECTION REGULATION (GDPR)). I UNDERSTAND THAT XACTLY WILL OPERATE AS THE CONTROLLER AND IS RESPONSIBLE FOR ANY PERSONAL DATA COMPRISING VIDEOS OR IMAGES OF MY LIKENESS AND MY CONTACT DETAILS AND ANY OTHER RELATED PERSONAL DATA. I UNDERSTAND THAT I HAVE THE RIGHT TO WITHDRAW THE CONSENT I HAVE GIVEN AT ANY TIME BY EMAILING XACTLY AT INFOSEC@XACTLYCORP.COM.