Freelance Author/Artist Agreement – Recurring Work

This Freelance Author/Artist Agreement is entered between ClickZ Group Limited with offices at 55 Broad St., New York, NY 10004 (“ClickZ Group”) and you concerning the terms for the use of a certain piece of work in one of the company’s publications as follows:

Author/Artist: (“You”)

Description of Work or Series of Work (the “Work”): All assignments given by ClickZ Group in writing.

Issue/On-line Date: Various as described in Work assignment.

This Agreement covers all of the Work that you create for ClickZ Group assignments.

  1. Grant of Rights: You grant to ClickZ Group an exclusive worldwide right of first publication to the Work for a period of 7 days after the company’s publication of the Work, in any and all media and forms of expressions now known, or hereafter devised, including but not limited to all print, computer, on-line, audio, video, Internet and other electronic media or publications in both the original and all foreign languages. After completion of the preceding exclusive term, you grant to ClickZ Group a non-exclusive, and perpetual, worldwide right to the publication of the Work for all print, reprint, book, syndication, computer, on-line, audio, video, Internet and other electronic media use now known, or hereafter devised.
  2. Retention of Rights: During the exclusive term, you retain the right only for the following: a) your right to make and distribute copies of all or part of the Work for non-commercial classroom teaching; b) your right to use the Work as part of your private portfolio of works. At the end of the exclusive term, you retain all rights except as granted to ClickZ Group in Section 1 above.
  3. Acceptance: Your Work must be delivered complete and in a format that is acceptable to ClickZ Group. If requested, a list of all sources that you relied upon for the Work will be provided to the company. ClickZ Group reserves the right to adapt or edit the Work as it deems appropriate. All Work is subject to final acceptance by the company.
  4. Representation: You represent and warrant to ClickZ Group that: (1) the Work is original and that you are the sole creator of the Work and have full power and authority to enter into this Agreement; (2) the Work has not been previously published anywhere in whole, or in part; (3) the Work does not, and if published will not, infringe upon any copyright, trademark or other right of any third party; (4) the Work is true and contains no matter that is defamatory; and (5) you will not publish the Work in violation of this Agreement. You agree to cooperate with ClickZ Group in its defense of any action related to the Work. In addition, you agree to indemnify and hold ClickZ Group harmless from any and all claims, losses and expenses that are a result of your breach of the foregoing representations.
  5. Independent: You agree that you are an independent contractor and not an employee or agent of ClickZ Group and that you may not bind ClickZ Group to any agreement or liabilities and that you are solely responsible for paying any taxes, costs, or expenses related to your Work.
  6. Assignment: You may not assign any of your rights under this Agreement. ClickZ Group may assign its rights in this Agreement with notice to you.
  7. Miscellaneous: You agree that this is the entire Agreement between you and ClickZ Group related to the Work and that this Agreement supersedes all previous agreements and understandings related to the Work. This Agreement may not be amended, or modified nor may any term of this Agreement be waived except by a subsequent writing signed by you and ClickZ Group. Any disputes related to this Agreement shall be governed by the laws of the State of New York and you consent to the jurisdiction of the courts of the State of New York.

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Incisive Media Plc.
55 Broad St, 22nd Floor
New York, NY 10004
Tel (editorial): +1 800-955-2719
Tel (sales): +1 646-736-1842
Fax: +1 646-219-2999