Women’s Millionaire Magazine – White Eagle Publications Publishing Contract
PLEASE READ THE TERMS AND CONDITIONS DESCRIBED BELOW, THEN FILL IT IN AND SUBMIT THE FORM AT THE BOTTOM TO INDICATE YOUR CONSENT FOR WOMEN’S MILLIONAIRE MAGAZINE.
This contract is between WOMEN’S MILLIONAIRE Magazine, White Eagle Publications, divisions of White Eagle Properties Inc., whose address is at 225 The East Mall, Suite #1109, Toronto, Ontario, Canada. M9B 0A9, hereafter referred to as the Publisher, and the author or person’s whose name is indicated below. The Author, Agency, Advertiser and/or Client grants permission to include his/her work, the title of which is entered below, in Women’s Millionaire magazine and on websites of Women’s Millionaire and White Eagle Publishing and shall be deemed as authorized for all purposes relating to this Agreement.
PUBLISHER RIGHTS, LICENCE: Upon Acceptance, the Author, Agency and/or Client grants a full and exclusive license to the Publisher to exercise publishing rights in relation to the Article and/ or Interview belonging to copyright law, also for non-commercial and commercial purposes and includes the following rights: The use of the Work by the Publisher entails the assignment of First North American Serial Rights, for publication in the English language anywhere in North America. All World Rights–The publisher has rights to publish the Work anywhere in the world and for any number of times they want. They also have the right to use the Work in the future in any form of media. Publisher may also reprint the Work one additional time as part of a collection or book anthology. Electronic Rights–Electronic rights may include any form of electronic publication: websites and blogs, e-zines, CD-ROM, etc. Additional: a) To allow third parties to multiply and publish the Article in whole or in part as part of a Publication; b) To allow third parties to translate the Article and to multiply and publish the translation of the Article; c) To allow third parties to edit the Article and to multiply and publish the edited Article to the extent necessary for the publishing of the work of the Author. d) The Publisher ensures attribution and source acknowledgement. e) The publishing of the Article, Interview or Story shall take place without financial compensation for the Author or Client unless additional arrangements and compensation were agreed upon by the publisher and submitted below on the form in the Notes.
CHANGES IN TEXT OR TITLE: The publisher will make no major alterations of the Work’s text or title without the Author’s written approval. The Publisher reserves the right to make copy-editing changes. The Publisher also reserves the right to make changes of the text and title if the structure was originally written by the publisher in an interview style, and/or written by the Publisher.
RIGHTS OF THE AUTHOR: The retains the right to use the Article, Work for personal use in the following circumstances: a) To include the Article in whole or in part in a dissertation or in any other form of academic sharing; b) To present the Article at meetings and distribute copies of the Article to the participants of the meeting, provided there is no direct or indirect economic or commercial advantage. For every form of (re)use of the Article as mentioned above, the Author ensures to always provide source acknowledgement (at a minimum the name of the Author(s), a reference to the Publication and name of the Publisher), unless this proves to be impossible
AUTHOR, CLIENT WARRANTIES & INDEMNITIES: a) The Author, Agency or Client guarantees the Publisher that he/she is the sole author of the Work, that the Work is original and unpublished, no one has reserved the rights granted in this agreement, and the Work does not contain any libelous material. They hold full copyright on the Article and that their Article does not violate any rights of third parties. The Author shall indemnify the Publisher against all claims of third parties due to the Publication of the Article. This indemnification also applies to any images, drawings or other illustrations present in the Article, unless the copyright on illustrations is expressly reserved by the Author upon provision of the Article. b) The Author, Agency or Client guarantees the Publisher that the Article and/or Interview content is original, has been written by the stated Authors, has not been published elsewhere and that it will not be additionally submitted elsewhere. c) The Author, Agency or Client guarantees the Publisher that if there are multiple Authors, the Author has each Author’s consent to enter into this agreement on behalf of them. Termination of this agreement shall not affect previously granted legal rights to third parties. e) The Author or Client agrees not to publish or permit others to publish this work or interview in any form prior to its publication and appearance in the magazine.
PUBLISHER RATES: (a) Publisher reserves the right to change its advertising rates at any time. Rate changes shall be made at least 30 days in advance of the closing date of the first issue for an such rates that may apply. If a rate change is not acceptable to Advertiser or Agency, it may within 15 days of notification of the rate change cancel the Agreement without incurring short rate charges, excluding multi-year discounts. (b) Advertising rates are subject to standard taxes including Goods and Services Tax (GST), Harmonized Sales Tax (HST) and a Quebec Sales Tax (QST) where applicable. (c) Any negotiated discounts or early bird rates are only applicable to and available during the period in which they are earned. Rebates resulting from any and all earned advertiser discount adjustments must be used within 2 months after the end of the period in which they are earned and will become expired afterwards if not used within that period.
BILLING AND PAYMENTS
(a) Advertiser, Agency and/or Client shall be jointly and severally liable for payment of all invoices for advertising published in Publication.
(b) Amounts invoiced are payable upon receipt of invoice. Interest shall be charged at a rate of 1% per month (18% per annum) on amounts outstanding for more than 30 days from the date of invoice.
(c) Invoiced amounts are payable at Publication’s office address in Canadian funds, or equivalent funds at the rate of exchange prevailing at the time of payment. (d) Publisher reserves the right to change the payment terms to cash, email interac electronic payment or Western Union Bank with insertion order at any time.
(a) Cancellation of the Agreement by Advertiser, Agency and/or Client is subject to Publisher’s approval, in its sole discretion. Agreements for covers, special positions and inserts may not be cancelled by Advertiser, Agency or Client. No cancellations shall be accepted by Publisher after the closing date for advertising space. Short rate charges may also apply to all cancellations by Advertiser, Agency or Client. (b) Publisher may at any time terminate this Agreement for the breach of any term hereof. Upon termination for breach, all charges incurred, in addition with short rate charges, will be immediately due and payable.
ADVERTISING: (a) All advertising copy is subject to Publisher’s approval and Publisher may without notice and without liability reject, discontinue or omit any advertising for any reason at any time.
(b) The word “Advertisement” may be placed above copy which Publisher determines resembles Publication’s editorial material or that is not immediately identifiable as an advertisement. (c) Publisher may insert the advertising anywhere in Publication in its discretion, and any positioning requests, conditions on orders, written or verbal instructions involving the placement of advertising cannot be guaranteed unless otherwise approved by the publisher. If the Publisher does not comply with specific positioning requests, this does not relieve the Advertiser, Agency and/or Client of his/her obligation to pay for the advertising.(d) Publisher is not obligated to return any advertising material submitted. (e) Any advertising material published in the Publication with the Publisher’s discretion, can be published and archived by Publisher or any anyone authorized by Publisher, or third party as many times as Publisher and those authorized by Publisher wish in and on any product, including in any print, electronic, digital or other form.(f) Publisher is not be responsible for colour or advertising copy that does not comply with the digital Magazines Advertising Canadian Specifications (“dMACS”). For further information regarding magazine industry standards, please visit Magazines Canada www.magazinescanada.ca
WARRANTIES, INDEMNITIES, LIMITATIONS
(a) Advertiser, Agency and/or Client shall be jointly liable for all content including all text, andillustrations and images of any advertising printed. Advertiser, Agency and/or Client shall jointly and severally indemnify Publisher, its affiliates and their respective officers, directors, employees, contractors and agents against any and all liability and costs including any legal fees arising from a breach of this Agreement and/or resulting from the publication of the advertising materials, including without limitation, defamation, illegal competition or trade practice, infringement of trademark, trade name, or copyrights, and violation of rights of privacy, property or contract.
(b) Publisher is not be responsible for errors or omissions in any advertising materials provided by Advertiser or Agency , including errors in key numbers or for changes made to any advertising after the applicable closing date.
(c) Advertiser, Agency and /or Client agree that Publication or Publisher shall be under no liability for the failure for any reason to publish any advertising or circulate any number of issues of a Publication. (d) The Publisher may at any time within their discretion increase or decrease the number of print copies that are circulated per issue and shall be under no liability for any reason for any changes.
GENERAL: (a) This Agreement represents the entire agreement between the parties with respect to all publishing and advertising matters and supersedes any prior agreements and understandings relating to the subject matter. No changes to this Agreement shall be effective unless made in writing and signed by the party or by way of email with the agreement changes confirmed between both parties in some instances. (c) The Publisher can not be bound by any conditions, printed or otherwise, appearing on Advertiser, Agency or Client contracts, orders or instructions which conflict with, vary or add to these terms and conditions unless the publisher agrees in writing. (d) Neither Advertiser, Agency and/or Client may assign any rights or obligations under this Agreement.
(e) Advertiser, Agency or Client agree not to make promotional or merchandising reference to the Publication in any way without the prior written permission of Publisher in each single occurrence. (f) No provision of this Agreement shall be deemed waived by a course of conduct unless such waiver is in writing signed by all parties and stating specifically that it is intended to modify this Agreement or confirmed by email or electronic communication.
VENUE: This Agreement is governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any proceeding relating to the subject matter of this Agreement shall be within the exclusive jurisdiction of the courts of the Province of Ontario.
MEDIATION: Should any legal dispute arise between either party, the parties agree to handle and settle any matters via the Mediation process, otherwise known of Alternative Dispute Resolution in the province of Ontario with a Qualified Mediator.
DATE OF ACCEPTANCE: The Agreement shall enter into force on the date of acceptance.