Freelance/Independent Contractor Blogger Agreement
This agreement (“Agreement”) confirms the agreement between Triple E Canada Ltd. (“Triple E”) and (“Blogger”) concerning each article, column, commentary and/or other editorial work requested by Triple E and submitted by Blogger at any time and from time to time (each a “Work” and collectively, the “Works”). This Agreement supersedes any and all prior negotiations, understandings and agreements on the Works and all other subject matters contained herein.
- All Works written and submitted by Blogger at any time and from time to time for publication by Triple E on www.leisurevans.com (the “Website”) or in or on any other Triple E-branded publication are and shall be covered by this Agreement. Blogger shall not be compensated for the Works unless Triple E and Blogger agree that Blogger shall be paid for the Works at a rate mutually agreed upon by Blogger and Triple E in an e-mail exchange or in a writing signed by both parties. Each Work must be acceptable in subject matter, length and quality to Triple E and in accordance with professional journalistic standards. Triple E has the right to edit and to determine whether or not to publish each Work. Blogger shall cooperate fully with Triple E in editing and fact checking each Work, and Blogger shall supply Triple E with all research and reporting materials as reasonably requested by Triple E. Notwithstanding the foregoing, Blogger is responsible for the accuracy of each Work.
- Blogger retains the copyright in the Works, but grants to Triple E the non-exclusive, royalty-free, world-wide, and perpetual right to use the Works in any manner and in any medium as if Triple E did own the copyright in the Works. This includes, but is not limited to, the nonexclusive, royalty-free, world-wide and perpetual right to:
– exercise promotional rights to the Works, or portions thereof, for the purpose of advertising and promoting Triple E and its products and services;
– rights to reproduce, display, license (with a right to sub-license) and otherwise distribute the Works, in print, digital or any other format now existing or hereafter invented, in print, on the Triple E website, on microfilm, microfiche, CD-ROM, electronic databases, archives, on-line (including on-line services and the Internet), or on any other system now existing or hereafter developed;
– the right to distribute reprints of the Works; and
– the right to syndicate the Works.
- Blogger represents, warrants and covenants that:
– it has the authority to grant all of the rights contained herein and that each Work is not subject to any existing copyrights or trademarks;
– it has complied with all laws and regulations outlined in the FTC Endorsements & Testimonial Guidelines;
– none of the Works is defamatory or obscene or uses offensive, illegal, threatening, false, deceptive, or misleading information;
– none of the Works invade the rights of privacy, publicity or any other rights, including but not limited to intellectual property rights of any third party.
Blogger shall indemnify and hold harmless Triple E with respect to any liability arising from a breach of the warranties, representations or covenants set forth herein.
- Triple E shall have the right to use the name, approved likeness and biography of Blogger for publicity or promotional purposes in connection with publication of the Works in any publication and in any medium now existing or hereinafter developed.
- It is expressly acknowledged by the parties hereto that Blogger is an independent contractor and that nothing in this Agreement or the parties’ conduct is intended or shall be construed to create an employer-employee relationship, partnership or joint venture. The manner, means, details or methods by which Blogger performs Blogger’s obligations hereunder shall be solely within Blogger’s discretion. Triple E shall not have the authority to, nor shall it, supervise, direct or control the manner, means, details or methods that Blogger utilizes to perform Blogger’s obligations hereunder and nothing in this Agreement shall be construed to grant Triple E any such authority. Blogger may use such assistance in performing the services under this Agreement as Blogger determines necessary, including employing others to assist Blogger, and Blogger shall be responsible for any such individuals as well as the performance of the services hereunder. In no event shall Blogger present or identify Blogger as an employee of Triple E. Blogger will set Blogger’s own hours and work schedule to perform the services hereunder. Triple E will not provide Blogger with office space, secretarial assistance or any training relating to performing the services under this Agreement. Triple E will not withhold any sum for income tax, social security, unemployment insurance, disability insurance, worker’s compensation insurance, or any other withholding pursuant to any law or regulation applicable to employees, and Blogger will not be eligible to participate in any employee benefit plan offered by or through Triple E. Blogger will be solely responsible for the payment of any and all such taxes, insurance and other charges imposed on any compensation paid for the Works or otherwise, and Blogger agrees to hold Triple E harmless from any liability with respect thereto.
- This Agreement shall be governed by the substantive laws of the Province of Manitoba, without regard to conflicts of law principles. This Agreement may be amended only by a written instrument signed by both parties.