PHOTOGRAPHERS AGREEMENT
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An Amateur Sports News Network (ASNN) Photographer is recognized as a freelance photographer and photography copyright holders (hereinafter known as "Member") who have applied and been accepted to supply digital images of events for display and sale by Amateur Sports News Network (hereinafter known as ASNN). ASNN provides promotion and a venue for the public to view digital images supplied by photographer. AmateurSportsNewsNetwork.com, AmateurSportsMagazine.com, ASNN365.com, and/or AmateurSportsGallery.com is the property of S.C. Fitch Enterprises Inc.
Here is your opportunity to stop hating the media and actually become it!
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
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. The schedule is as follows:
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Standard Royalty
Compensation.
Net proceeds are defined as the total sale price (not including shipping and handling charges or sales tax, if applicable) of a product sold, minus the cost of production, order processing and marketing. Generally, the production, processing and marketing expense represent approximately ten (10) percent of the sale price. Commercial Image
Royalty Compensation.
Mobile Royalty
Compensation. Mobile Royalty
Compensation. For example, if three images (two from photographer A and one from photographer B) are used to create a poster that generates a gross profit of $100.00, photographer A will earn $21.67 [(2 images * 7.50) + (.10 * 2/3 * 100.00)] and Photographer B will earn $14.67 [(1 image * 7.50) + (.10 * 1/3 * 100.00)]. |
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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.
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
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
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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Application Process
Applying to become a photographer for ASNN can occur in three simple steps.
NOTE: Click here to review additional guidelines submissions. |
Photography Rules
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High-quality images only!Yes, I want to join your photography team!
