AUTHOR AGREEMENT
AGREEMENT made this __ day of __________________ in the year _______ by and between E-WORLD PUBLISHING/PAPERMASTERS, (hereinafter publisher) and ____________________ residing at __________________________________________(hereinafter referred to as author).
W I T N E S S E T H :
ONE. AUTHOR INDEPENDENT CONTRACTOR
It is acknowledged and agreed by the publisher and the author, that the author is an independent contractor, and not an employee of the publisher. The author has discretion to choose which assignments offered by the publisher it shall perform, and shall use his/her own equipment and materials in the performance of such assignment chosen. Other than performance by the author within the prescribed deadline, the author may choose where and when he performs assignments accepted from publisher.
The author shall solely be responsible for the income tax reporting of any fees received from the publisher, and shall likewise be solely responsible for the payment of any and all Federal, State, and local taxes due thereupon.
The publisher shall not be responsible for any payroll taxes, insurance, or benefits of any kind with respect to the author, and the author acknowledges and agrees that he shall not look to the publisher therefor.
TWO. AUTHOR WORK ORIGINAL
It is acknowledged and agreed by the author that any written materials which he/she shall produce pursuant to any assignment accepted from the publisher, shall be original. Author understands the nature of the Copyright Laws of the United States and shall not misappropriate, infringe upon, plagiarize, or in any manner make unlawful use of the copyrighted work and intellectual property of others in the performance of his assignment for the publisher.
By accepting each assignment form the publisher, the author reaffirms this warranty and representation that any work he shall submit to the publisher shall be original, and not in violation of any copyright or other intellectual property right of any third party.
In the use of quotes from other sources, the author shall indicate in the proper stylistic manner that such use is from third party materials, and shall duly footnote the source thereof. Further, the author shall limit his/her usage of third party sources to the "fair use" thereof. As a guideline for fair usage, the author shall not exceed the direct quoting of five percent of the third party materials used in the performance of his assignment for the publisher.
THREE. INDEMNIFICATION BY AUTHOR
In the event the author shall violate any of the provisions related to the usage of copyrighted materials of third parties, or the trade secrets and confidentiality provision infra, then, in that event, the author shall indemnify and hold harmless the publisher from any legal fees, costs, disbursements, judgments, awards, damages or fines resulting from such author violation.
FOUR. TRADE SECRETS/CONFIDENTIALITY
The author acknowledges and agrees that the operational methods, pricing structures, and marketing strategies of the publisher are unique to the publisher, and have been developed with much cost, time, and effort by the publisher. The author shall not reveal any of the above to any third party, without the prior written permission of the publisher.
Further, the author shall not contact directly or indirectly any consumer of the publisher's ervices while this agreement is in force, and for two years thereafter. Further, the author of any assignment ordered by the publisher, shall not publish, sell, or resell the work he/she has provided to the publisher in any domestic or foreign market, acknowledging that such work performed is work for hire, Further the author shall not copyright in his/her own name any such assignment performed on behalf of the publisher.
The publisher is hereby granted all right title and interest to the present and future use of the written assignments provided by the author to the publisher, and said publisher, may, at its discretion obtain a copyright to such work provided by the author.
FIVE. TERMINATION
Either party hereto may terminate this agreement upon thirty days notice to the other. In the event of termination by either party, it is acknowledged and agreed that the author responsibility under paragraphs "Two" "Three" and "Four" shall remain in force and effect for a period of two years, after such termination.
SIX. CONTROLLING LAW
The parties agree that with respect to copyright violations, the laws of the United States shall serve for the interpretation and enforcement of this agreement. With respect to any other violation herein, the laws of the state of Pennsylvania shall apply.
Jurisdiction for any dispute arising hereunder, either under Federal or State Law, shall exist in the State of Pennsylvania, in such courts which are located most closely to the county of ___________ in the State of Pennsylvania.
SEVEN. MODIFICATION/WAIVER
No modification of this agreement will be deemed effective unless reduced to a writing, subscribed by the parties hereto.
Nothing herein shall be deemed waived by either party, unless such waiver is reduced to a writing, and subscribed by the party against whom such waiver would operate.
EIGHT. INVALIDITY/ILLEGALITY
In the event any provision herein shall be determined illegal or invalid by a court of competent jurisdiction, the remaining provisions which are legal and valid shall be fully enforceable, and binding upon the parties.
NINE. E-MAIL SIGNATURE
The author in the acceptance of this contract shall E-Mail the following message to the publisher:
I have read and accepted the author contract provided to me via e-mail by E-World Publishing and agree to be bound thereby. This electronic message is acknowledged by me to be the identical equivalent of an original signature and upon request, I shall provide an originally signed hard copy of thiscontract to the publisher at such address as it may designate.
Failure to e-mail the exact message above within forty eight hours of this contract being electronically mailed to the author, shall be deemed the non-acceptance of this agreement by the author, and he/she shall no longer be eligible to accept assignments from the publisher.
IN WITNESS WHEREOF, the parties hereto have set their hands/electronic "signature" hereto on the date first above written.
PUBLISHER__________________________ AUTHOR____________________________