ARTIST / PHOTOGRAPHER AGREEMENT
This is a legal agreement which governs the terms between Z Stockphoto and Artisit/Photographer (also as "You" in this agreement):
1. Provision of Material. During the term of this Agreement, the Artisit/Photographer may from time to time provide images, photographs or illustrations (colectively, "Material") following the "Image Guidelines". Z Stockphoto, in its sole discretion, may determine which Material will be posted for sale on Zstockphoto.com ("Approved Material").
2. Grant of Authority. The Artist/Photographer hereby appoints Z Stockphoto as his/her non-exclusive agent to license to third parties royalty-free Material within the jurisdiction of Z Stockphoto?s business. The Artist/Photographer grants to end users of Approved Material a worldwide, non-exclusive, perpetual rights to reproduce in any manner or product so long as the Approved Material is not resold, redistrbuted or sub-licensed and does not breach Licensing Terms & Conditions.
All rights and copyright of Approved Material will be retained by the Artist/Photographer. Z Stockphoto may not distribute the Accepted Material to any third party for the pupose of resale or re-license.
3. Intellectual Property. Z Stockphoto prohibits any Material which infringes on any copyright, trademark, trade secret, right to publicity, patent or any other applicable law or proprietary right to be uploaded to Zstockphoto.com.
You acknowledge that you are the original and sole owner of Material you upload to Zstochphoto.com; and you have obtained and will provide all necessary model and property releases.
4. Indemnification. You agree to indemnify, and hold Z Stockphoto and its sublicensees, as well as their successors, officers, directors, and employees, harmless from any and all actions, causes, of action claims, demands, liabilities, expenses and damages arising out of or in connection with any claim that the Approved Material furnished by the Artist/Photographer under the Agreement constitute an infringement of any copyright or any legal right of any third party.
5. Your Membership Account. You acknowledge and agree that you are responsible for use of your membership account including but not limited to the uploading material to Zstockphoto.com; and you are responsible for each and every upload under your account. Do not share your account information such as username or password with anyone. Your membership account is non-transferable.
6. Advertising and Promotion. Artist/Photographer understands that advertising and promotion are essential to the success of Z Stockphoto and its contributing members. You agree to allow Z Stockphoto to use any of your images for advertising and promotion of Z Stockphoto without compensation or commissions otherwise paid to Artist/Photographer.
7. Compensation to the Artist/Photographer. Z Stockphoto shall pay to You payment of fees for purchased downlods of your images. You'll receive a 40% for your first 500 downlods, 45% until your downloads reaches 1000 which by that time you'll receive 50% for each purchased download of your images. Payments are made in response to written request by the Artist/Photographer once a minimum of $100 is accumulated in purchased download fees. You will be paid at your choice of check or Paypal money transfer. The parties hereto acknowledge that this Agreement is one of representation only and does not constitute an employment agreement.
8. Your profile: You agree that your profile on Zstockphoto.com must have your full, real first and last names, and mailing address. You agree to provide a digital copy of a legal form of photo identification such as passport or Driver's License to Z Stockphoto within 3 days of your first image upload. You can upload this digital file (JPG format) just like any other image (no keywording required)
9. Applicable Law Jurisdiction. This Agreement is being made under and will be interpreted in accordance with the laws of the State of California. The exclusive jurisdiction and venue for any action to interpret or enforce the terms of this Agreement shall be a State or Federal Court in the State of California and the Artist/Photographer expressly consents to that exclusive jurisdiction and venue.
Acknowledgement
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND IT. YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT WHICH SUPERSEDES ANY PRIOR AGREEMENT OR PROPOSAL , ORAL OR WRITTEN, AND ANY OTHER FORM OF COMMUNICATION BETWEEN YOU AND Z STOCKPHOTO RELATING TO THE SUBJECT OF THIS AGREEMENT.
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