Publishing Agreement Terms & Conditions Effective 2015
(“Blogger” or “You”))
Dear Blogger:
We at Blenderbabes.com (“We” or “Blenderbabes”) are excited to work with you. This letter agreement (the “Agreement”) seeks to clarify and confirm our roles and responsibilities for the Project. We are excited to offer you the opportunity to publish your content on our Website. This letter serves as the final and complete agreement between us and supersedes any other prior or contemporaneous oral or written agreement or negotiation on the subject. Once you have reviewed this letter, please email info@blenderbabes.com to discuss any questions that you might have. If it is acceptable to you as is, please check the box that you agree to our Publishing Agreement so that we may begin. Thank you.
1. Obligations.
- General. You may from time to time submit to the Blenderbabes’ Properties (defined in 2(a)) for our non-exclusive publication content in the form of a completely written article or recipe or on-line profile, edited and proof read (“Your Content”). Your Content must follow any and all editorial rules or policies that we post from time to time. Upon receipt of Your Content, we may or may not confirm receipt and receipt is not a guarantee that Your Content will be published. We may request that You edit, revise or modify Your Content for any reason and you may resubmit an edited version of Your Content in your own discretion.
- Publication. We may accept Your Content for publication in our sole discretion. We will notify you if Your Content is accepted for publication. We may use any accepted Content from publication in our sole discretion.
- Blenderbabes may promote Your Content thru link-backs and will use reasonably commercial efforts to attribute You as the author of Your Content.
2. Ownership; License Grant.
- Your Content. You own all right, title and interest to Your Content including all revisions submitted by You. In the event, Blenderbabes agrees to publish Your Content, You hereby grant to Blenderbabes, the non-exclusive, perpetual, irrevocable, world-wide, royalty-free right to use, reproduce, make derivative works, distribute and promote Your Content in all formats including but not limited to our websites, social media channels and in other e-formats or e-books (“Blenderbabes Properties”) through multiple channels of distribution without restriction.
- Blenderbabescom. We own all right, title and interest to the Blenderbabes.com website including all content in all forms.
- All rights not expressly granted are reserved.
- Copyright. Generally, each party shall be responsible for obtaining a copyright as appropriate and for enforcing such right at its own cost however each party shall reasonably cooperate with the other as requested.
3. Allocation of Expenses and Profits.
- Profits. If accepted for publication by Us, you are eligible to become an affiliate of Blenderbabes Properties. You may be tagged with an exclusive referral code. If we receive revenue from the sale of any Blenderbabes Properties as a direct result of your unique affiliate code, we agree to pay you a percentage for the sales generated with your unique referral code at our then current rates set forth on Exhibit A as may be changed from time to time in our sole discretion.
4. Warranty. You represent that Your Content is (1) independently created and original to You; (2) you own Your Content; and (3) does not infringe or interfere with any third parties’ rights including copyright, trademark and contract. We disclaim any and all express and implied warranties including non-infringement, title, merchantability and fitness for a particular purpose.
5. Limitation of Liability. Neither party shall be liable to the other for any consequential, incidental, special or indirect damages arising from this Agreement for any reason. Neither party’s total cumulative liability to the other shall exceed $500.00 for any reason under any theory of law.
6. Confidentiality. You agree that the terms set forth in Exhibit A and our Blenderbabes Properties are confidential to Us and you shall not use or disclose to any third party for any reason.
7. Term; Termination. This Agreement shall commence on the Effective Date and shall continue unless and until terminated as set forth below. Either party may terminate this Agreement upon the un-remedied material breach of this Agreement upon 30 days’ advance written notice. Sections 2, 3(a), 4 – 10 shall survive the expiration or termination of this Agreement.
8. Governing law. This Agreement shall be governed by the laws of the State of California without regard for its conflict of laws principles. Each party agrees that any dispute that cannot be resolved after good faith negotiation and discussion shall be brought in the federal or state courts of Los Angeles, California.
9. Notices. All notices shall be sent to the parties address as set forth above on the signature line and shall be deemed received if sent by mail on the second day following the postage date; if sent by fax then received by confirmed transmission without error on that day.
10. Miscellaneous. This Agreement and exhibits sets forth the entire agreement between us regarding the subject matter herein and supersedes any and all oral or written agreements, modifications entered by us. This Agreement may only be modified by a writing signed by both us. Nothing herein shall be construed as an employment agreement, joint venture, partnership or similar relationship between the parties. We may assign the rights and obligations in this Agreement to a successor in interest, beneficiary, or testamentary vehicle (e.g. trust) provided such entity assumes all rights and obligations. You may not assign this Agreement without the express written consent of Us. Any other assignment or delegation is null and void. No waiver shall be enforceable unless in writing against the party to be charged. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same Agreement.
Agreed and understood the parties as of the Effective Date checked in agreement and will continue unless terminated.
Exhibit A
Affiliate Referral Commissions shall be 40-60% of the revenues actually received less any monies withheld for returns, credit, refunds or exchanges.