SAMPLE Writer's Contract
Conversely requires that all writers sign a contract upon aceptance of their submission for publication on the site. Below is a sample of the contract. This sample is for reference purposes only, and Conversely may change any or all parts of it at any time and at its sole discretion.
If you have any questions about this contract, feel free to contact us.
This AGREEMENT ("Agreement"),
dated Month Day, Year, between the parties: Conversely, Inc. (the "Company"), and Name (the "Author"), when signed below by the parties, has been entered into as a legally binding agreement with regard to the use of the Author's article entitled Title (the "Article") by the Company:
- The Author sells, grants, assigns and transfers to the Company the following rights to the Article:
- Exclusive electronic rights to publish and distribute (see 1.c, below) the Article from the date of the Company's acceptance for publication until ninety days counted from the date of original publication on the Company's website, which shall be determined by the Company. The Author will not publish the Article in any other Internet website or any other form of electronic distribution during this period.
- Non-exclusive electronic rights to publish and distribute (see 1.c, below) the Article after the initial ninety day period expires. The Company can continue to publish the Article on its website and distribute it electronically, indefinitely and at its sole discretion.
- The right to electronically distribute the Article allows the Company to:
i) share the Article with Partner Websites, as long as the Article is presented in 'Conversely Format'. Partner Websites will be Internet websites selected by the Company to provide wider exposure to the Company and the work of its authors. 'Conversely Format' is defined as: Conversely's logo must appear on the webpage, as well as the Author's byline, and links back to the original publication webpage and the Author's Conversely bio webpage; and
ii) distribute the Article via e-mail.
- One-time, non-exclusive print anthology rights. This allows the Company to publish the Article in a possible future print anthology. Anthology rights are secondary; the Author may sell the Article to other anthology markets (but not any electronic anthologies prior to the expiration of the exclusivity period described in 1.a, above).
- In the case of any publication of the Article subsequent to publication on the Company's website, whether in electronic, print or other media, the Author agrees to make a good faith effort to ensure that the Company is appropriately credited as the original source of publication. Appropriate forms of crediting include written mention of the Company's name and its web address (www.conversely.com).
- The Company, as its only and final compensation to the Author for the rights as described in paragraph 1, above, agrees to pay the Author:
Unless otherwise specified herein, the Company is not responsible for any expenses or other costs the Author may have incurred in the writing or delivery or editing of the Article.
- A one-time payment of US $Fee, within thirty days of the initial publication of the Article on the website, and
- Fifty-percent (50%) of any fee or royalty the Company obtains from sharing the Article with any Partner Website(s), per the rights granted in paragraph 1.c, above, net of ordinary costs associated with the negotiation and implementation of the partnering agreement(s). No payment will be due the Author if the Company's relevant partnering agreement(s) do not involve monetary compensation. The timing of this payment to the Author will be determined by the Company, but will be issued no later than six months from the date when the Partner Website makes payment to the Company.
- The Author hereby certifies that the following statements are true:
- The Author is the sole author of the Article, and owns the rights which the Company is purchasing through this Agreement (except for any material from previously copyrighted works identified in accordance with item d, below);
- The Author has the full power and authority to make this Agreement and to sell, grant, assign and transfer the rights granted herein;
- The Article does not contain any scandalous, libelous, defamatory, or unlawful matter;
- The Author has presented to the Company, in writing, a list of any statements, quotes, or other material included in the Article that has been copied from any other article, book, song, or any other published or unpublished work of which the Author does not own the copyright.
- The Company is not liable to the Author or any third parties for any compensation related to the Article, or its publication in the Company's website, or any actions arising out of such publication or failure to do so, beyond the specific terms of this Agreement.
- This Agreement will be governed by the substantive laws of The Commonwealth of Massachusetts without regard to its principles of conflicts of law. All litigation arising from or relating to this Agreement will be filed and prosecuted before any court of competent subject matter jurisdiction in Boston, Massachusetts. You consent to the jurisdiction of such courts over you, stipulate to the convenience, efficiency and fairness of proceeding in such courts, and covenant not to allege or assert the inconvenience, inefficiency or unfairness of proceeding in such courts. This Agreement may be executed in counterparts with the same force and effect as if each of the signatories had executed the same instrument.
IN WITNESS WHEREOF, the parties hereto have made, entered into and executed this Agreement as an instrument under seal as of the date first written above.
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