Producers will need to provide the following mandatory payment information on the contract:
Legal first and last name (byline):
This Agreement, sets out the terms by which you, an NowPublic Producer, as an independent contractor, will deliver original posts (“Content”) - to NowPublic.com (“NowPublic”).
Some or all of the Producer's Content may be reviewed by NowPublic’s editorial staff in order to maintain the Website's quality standards. Any Content which NowPublic deems inappropriate or inaccurate will be taken offline.
NowPublic has the right to remove the Producer's access to the Website in the event the Producer fails to comply with the terms of this Agreement. This agreement is effective as of the date on which you provide your full legal name (byline), address, member id and accept these terms.
1. TERM AND RIGHTS GRANTED
NowPublic has the perpetual nonexclusive right to electronically publish the Content in accordance with the terms of this Agreement.
This Agreement is in effect until terminated by either party at any time on written notice sent to the other party at the email addresses of record. In the event of termination, NowPublic will have a continuing right to publish the Producer's previously-delivered Content and all clauses of this Agreement apply to said Content.
2. WARRANTY & CONFIDENTIALITY
The Producer warrants that the Content is original,and that he/she is the copyright holder of the Content. The Producer agrees to notify NowPublic of any third party claims against the Producer. Any information supplied by NowPublic shall be confidential and may not be disclosed at any time.
NowPublic agrees to use commercially reasonable efforts to secure, but cannot guarantee, sponsored ad links that attempt to match content of an individual Webpage ("Contextual Advertising") for every page of the Producer's Content published by NowPublic.
NowPublic agrees to pay the Producer a royalty (the "Royalty") that constitutes a 20-30% share of NowPublic’s revenues earned from Contextual Advertising displayed on all NowPublic Webpages where the Producer's Content appears in full.
If the Producer has not provided Google Adsense account information within ninety (90) days, the Producer’s balance will be donated to a charity of choice. The Producer is responsible for remitting all taxes relating to payment received from NowPublic.
4. CLICK FRAUD
The Producer shall not, and shall not authorize or encourage any third party to, directly or indirectly generate queries, referral events, impressions of, or clicks on, any ad, link, search result, or referral button through any automated means ("Click Fraud"), including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software.
If NowPublic determines the Producer is found to be engaging in Click Fraud it is entitled to withhold Royalties, remove the Producer's access to the Website, and place restrictions on future calculation of revenues.
The Producer agrees to indemnify and hold harmless NowPublic, its staff, and advertising partners from claims that any Content submitted by the Producer to NowPublic defames or infringes the rights of any other person. This includes without limitation, any copyright, trademark, other proprietary rights or confidential information of any other person, and any third party claims resulting from actual or alleged Click Fraud abuses by the Producer.
This Agreement and the Site Terms & Policies published on NowPublic sets forth the entire agreement between the Producer and NowPublic, supersedes all prior written or oral Agreements, and shall be binding upon both the Producer and NowPublic, its successors and assigns.
No modification or waiver of this agreement shall be binding on either party unless agreed to by each party. If NowPublic makes modifications to this Agreement, the Producer will be notified immediately upon logging in to the Website and/or by email. If the Producer continues to provide Content to NowPublic after the changes are effective, this will mean that the Producer has accepted and is bound by the changes to this Agreement.
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