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Amendments - 1st July 2003
User: info@alamy.com, Date: 01/07/03, Time: 12:00:00 GMT
Alteration to the contributor agreement
We are notifying you of changes to the Alamy.com contributor's agreement.
You can view the Contributor Agreement which was on the site between 12.20 GMT, 9th December 2002 and 12.00 GMT, 1st July 2003 by clicking here.
If a clause has changed in no major way except in number then this has not been listed. Please note where previously we referenced to a Clause number in the agreement we have now referenced to a Clause heading. These changes have not been listed. If there has been a spelling or grammatical change then this has not been listed.
Contributor contract changes
Distribution
This has been inserted:- The following clause applies only to Contributors who have not agreed to the Alamy Distribution Scheme outright, or have only selected certain territories in which their images are not available to Alamy Distributors;
From time to time Alamy produce Promotional Material that is issued to prospective and existing customers worldwide. Promotional Material is defined as solely existing in print and does not include images presented online. In cases where Promotional Material is requested by Alamy Distributors, Alamy's Distributors have the right to sell any images that are included in Alamy Promotional Material. Sales to Distributors of images included in Promotional Material will be charged at the Contributor's normal rate of commission and not at the Distributor commission rate.
- The following clause applies only to Contributors who have not agreed to the Alamy Distribution Scheme outright, or have only selected certain territories in which their images are not available to Alamy Distributors;
Breaches of licenses by customers
Clause a, this has been deleted;"is providing a low cost broker service and that it"
Clause b has been amended to this:
- In the event of any alleged breach of any License by a Customer or any other infringement of intellectual property or other rights, the Contributor may either take action themselves against the customer or request Alamy.com to take action.
In the event of the Contributor taking action then Alamy.com's sole obligations shall be to:
- supply the Contributor with the information on its database relating to that Customer; and
- provide testimony in any action which may be brought by the Contributor by verifying the terms of the contract entered. Prior to giving this assistance Alamy.com may require the Contributor to have indemnified Alamy.com for all of the costs and expenses of any such action including at Alamy.com's discretion providing and securing the costs of Alamy.com's legal and other advisers.
In the event of the Contributor authorising Alamy.com to take action Alamy.com may:
- make such claims and take such action as may be necessary (in the opinion of Alamy.com) in connection herewith. Fifty percent (50 %) of all amounts recovered by Alamy.com in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by Alamy.com in connection herewith) shall be paid to the Contributor. Nothing herein shall limit Contributor's right to make such claim or to take such action.
Representations, warranties and undertakings by contributor
This:- where the Contributor has indicated that a Release is available they must have access to that Release and must be able to make it available to Alamy.com if it is requested by Alamy.com;
has been replaced by:
- where the Contributor has indicated that a Release is available he/she must have access to that Release and must be able to make the original available to Alamy.com if it is requested by Alamy.com;
This has been inserted:
- The Contributor warrants that all information he/she gives to Alamy.com by any means (including without limitation via the Alamy.com web site or through spreadsheets) concerning Model and/or Property Releases for any Images will be true and accurate and that all Model and/or Property Releases of which Alamy.com is informed of by the Contributor will (a) be legally binding and (b) (except as otherwise notified to Alamy.com via the Alamy.com web site or, with the agreement of Alamy.com, via email) authorise all uses of the Images anywhere in the world including without limitation uses in relation to sensitive issues. The Contributor agrees to indemnify Alamy.com against all losses, damages, expenses and costs (including legal costs) arising out of any breach of this warranty, including without limitation where the Contributor has stated there is a Release for an Image but no such Release exists, or where the Contributor has stated information regarding the Release which proves to be incorrect.
Pricing and promotion
This:- Where an image has been used in a printed promotional piece then the Contributor agrees that the image will remain available for sale on the Alamy.com site for a period of two years from the date of publication/distribution of the promotional material, unless the image has been sold exclusively otherwise than via the System or the Contributor has assigned exclusive rights for that image to a third party. This clause to stand even if the Contributor wishes to terminate their contract.
has been replaced by:
- Where an image has been used in a printed promotional piece by Alamy.com then the Contributor agrees that the image will remain available for sale on the Alamy.com site for a period of two years from the date of publication/distribution of the promotional material, unless the image has been sold exclusively for world rights otherwise than via the System. This clause to stand even if the Contributor terminates their contract.