MEDIA

PODCAST

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PHOTOGRAPHERS AGREEMENT

ABOUT US
ASNN provides a venue to showcase student-athletes achievements on, as well as off the field of play. From this, we have developed a platform to display images from various events showcasing a photographers skills as well as student-athletes talents. The sale of photographic products or commercial licensing of images displayed on our site is incidental to our mission. Click here to review additional guidelines submissions.

Copyright Information
Images taking, edited and submitted by our member photographers are recognized on a speculative bases. These images displayed on our site remain the property of photographer and are licensed to ASNN for public display  on our photo gallery (AmateurSportsGallery.com).  Photographers also grants ASNN a license to sell photographic products displayed on our site. Photographs displayed on our site are available for sale via a web-based transaction system. Photographers retains all commercial rights to their images; however, photographers has the option of granting ASNN the  authority to license their photographs for commercial use or to other third parties (see paragraph titled Commercial Licensing Agent below).

Photographer License 
Subject to ASNN Editorial Rights (as listed below), ASNN grants photographers a license to display  photographs on our various web sites listed above, provided that photographs meet business vision and editorial standards.

Royalty Compensation. 
Upon the sale and shipment of images, photographers will earn a royalty fee based upon the Royalty Compensation Schedule, incorporated into this Agreement as Royalty Compensation Schedule.

Royalty Payment Dates. 
At our discretion, we will either mail a check or send an electronic funds transfer to our photographers bank account for royalty fees owed by the 25th day of each month for images sold and shipped during the prior month. Royalty fees owed on images that are commercially licensed through ASNN, or a third party will be paid on the 25th of each month after ASNN has collected payment for use of licensed image(s). It is the photographers' responsibility to maintain accurate payment information. Returned/rejected royalties fees will be held for a maximum of six months, after which time they will be forfeited.

Product Pricing. 
ASNN shall set prices for products and licenses sold through our web sites.  ASNN may change prices at  any time for any reason. It is in ASNN, as well as our photographers interest that prices be set at such a level as to stimulate demand and to maximize revenue.

Commercial Licensing Agent.
Photographers grants ASNN the option to license images supplied for commercial use. ASNN may use third parties to license images to commercial publications. For licensing compensation, refer to Exhibit A (Royalty Compensation Schedule).

Use of Photos for Promotions and Web Site Display. 
Photographers grants ASNN a perpetual, non-exclusive and worldwide license for use of images in promotions and display. This licensed use of images is granted by photographers to ASNN to inform the public about events, to assist with advertising and promotion in order to publicize to the public, and to enhance the appearance of ASNN Web sites and its publications, advertising and promotional materials. ASNN is also authorized by photographers to provide a sub-license for the display of photographs by official high school sports governing bodies and other sporting organizations / associations in connection with their publications.

Editorial Rights.
ASNN may choose to edit, display and sell all, some or none of the images submitted by photographer.  ASNN reserves the right to selectively edit images to enhance image quality and increase marketability. ASNN may also crop and resize images in order to determined optimum sizes. ASNN may place a watermark on digital images to discourage unauthorized duplication from our sites.

Warranties of Photographers 
Photographers are the sole and exclusive owner of all images supplied to ASNN and of the right to license such images. The images supplied by Photographers do not knowingly infringe the copyright, trademark, right of privacy or the publicity rights of any entity and do not knowingly defame any third party.

No Liability for Unauthorized Use of Images. 
Photographers expressly acknowledges and agrees that ASNN shall not be liable to photographers for the loss, theft or destruction of any image that is supplied to ASNN. ASNN shall promptly notify photographers in the event that ASNN discovers unauthorized or infringing use of photographers image. Upon receipt of such notice, photographers shall control any legal action and shall notify ASNN, in writing, as to the manner in which photographers will proceed in respect of such infringement. Photographers shall not have the right to cause ASNN to be joined as a plaintiff in any litigation concerning photographers image.

Independent Contractors. 
Photographers are independent contractors. Photographers takes photographs on their own account. ASNN rarely assigns photographers to take photographs of particular events, or to photograph particular subjects. ASNN is not required to edit, display or sell images submitted to it by photographers. Photographers may ask ASNN for advice on events, and ASNN may offer event suggestions to photographers, but under no circumstances is such advice or suggestions to be construed as an assignment. It is possible, and in some events likely, that multiple photographers may take and submit images of the same event. Photographers may choose to use all, some or none of the images submitted by all, some or none of the photographers from the same event.

Special Events. 
From time-to-time, ASNN may enter into exclusive or semi-exclusive photography agreements with event rights holders, such as state high school sports governing bodies, high school sports tournament owners or others. In such circumstances, or with other events as ASNN in its sole judgment deems appropriate, ASNN may offer certain photographers an opportunity to enter into a Special Events agreement. Such Special Events agreements shall be separate and supersede this Agreement with respect to the Special Event referenced in the Special Events agreement between the photographers and ASNN.

Expenses and Equipment.
Photographers are solely responsible for their own expenses and for the provision of their own photographic equipment, computer equipment, software and connection to the Internet.

Disclaimer of Liability. 
ASNN EXPRESSLY DISCLAIMS ANY LIABILITY FOR INJURY TO MEMBER, INJURY TO OTHERS CAUSED BY PHOTOGRAPHERS, FOR LOSS OF OR DAMAGE TO PROPERTY, INCLUDING PHOTOGRAPHIC EQUIPMENT, AND FOR LOSS OR DAMAGE OF PROPERTY OF OTHERS CAUSED BY PHOTOGRAPHER.

Consumer Identity. 
The identity of users who visit our sites, and individuals who purchase photographic products from our photo gallery, are the sole and exclusive property of ASNN and will not be disclosed to photographers.

Accounts. 
Photographers will receive an account that may be accessed via the Web site using a username and password assigned by ASNN. Upon accessing the account, the photographers may create and edit galleries, upload digital photographs, create a ASNN homepage accessible to the public, and view their royalty compensation. ASNN may add other services for the use of photographers that it believes will be beneficial to itself and its Members.

Confidential Information. 
Account passwords are to be held by photographers as Confidential Information and shall not be disclosed to third parties. Photographers shall maintain the confidentiality of any Confidential Information that ASNN may provide to Photographers. Confidential Information means any information that is either designated as confidential by ASNN or that under the circumstances surrounding the disclosure, ought to, in good faith, be treated as confidential by photographers, including, without limitation, information concerning ASNN present and future business, marketing plans, date testing and research techniques, inventions, processes, practices, trade secrets, and like information. ASNN collects and stores personal information about photographers for royalty payment and tax reporting purposes. This information includes mailing address, phone numbers and Social Security number. ASNN will take reasonable care to safeguard Photographer's private information, and will not disclose, or convey such information to third parties unless compelled by force of law.

Term. 
The term of this Agreement shall end on June 30th of each year. The Agreement will automatically renew on an annual basis, unless terminated by either party. ASNN will archive all galleries supplied by photographers and will offer photographic products for sale for an indefinite period of time.

Termination. 
This agreement may be terminated by either party, with, or without cause, upon ten (10) days written notice to the opposite party. Upon termination, ASNN will forward any royalty fees due within thirty (30) days of the termination date. Upon termination of the Agreement, ASNN will disable access to photographers account and galleries on ASNN Web sites.

Governing Law. 
This Agreement shall be construed in accordance with and all disputes hereunder shall be governed by the laws of the State of Illinois as applied to transactions taking place wholly within Illinois between Illinois residents without reference to that state's choice of law provisions.

Attorneys' Fees. 
In any action to interpret or enforce this Agreement, the prevailing party shall be awarded all court costs and reasonable attorneys' fees incurred.

THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH AFFECTS YOUR LEGAL RIGHTS AND MAY BE ENFORCED BY THE PARTIES.

GOVERNING LAW; ARBITRATION. 
This Agreement will be governed by the laws of the State of Illinois without regard to its conflicts of law provisions. Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Chicago, Illinois, in accordance with the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of Illinois, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be entered in any Illinois court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award punitive or exemplary damages against any party.

Public Notices. 
Photographer should send notices to:
ASNN
4710 Lincoln Hwy, Suite 350
Matteson, IL 60443
Note: E-mail correspondence is a convenience but shall not be considered official notice under this agreement.

Changes to Agreement. 
ASNN retains the right to make changes to the terms of this agreement upon notice to photographer.  Such notice to photographers may be in the form of e-mail, and/or a posting on the ASNN Web site.  Such changes shall be effective thirty (30) days after such posting.

Consent to Agreement. 
Persons or organizations wishing to become a photographer indicate their assent to the terms of this agreement by selecting "I Accept Agreement" on the ASNN Photographers' Member Application page on the ASNN Web site. Prospective Member will be reviewed by ASNN and notified via e-mail or phone concerning application acceptance. ASNN is not obligated to accept prospective photographer.  ASNN may seek additional information concerning application. Click here to review additional guidelines submissions.

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