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    Contributor Agreement

    Plough Publishing House

    TERMS AND CONDITIONS FOR CONTRIBUTORS
    Last modified: January 6, 2020

    1. Scope. These Terms and Conditions for Contributors apply to any agreement in which a Contributor (“You”) agrees to provide Church Communities International dba Plough Publishing House (“Plough”) with specific materials (the “Article”) for publication in Plough Quarterly (the “Magazine”) in return for Plough’s payment of a specified amount (the “Payment Amount”).

    2. The Article. The Article must be acceptable in form and content to Plough, and submitted by the Due Date. You agree to (i) cooperate with Plough's revision procedures, and, if the Article is accepted for publication, with Plough's editing process, (ii) provide information for a brief author's bio, (iii) if Plough so requests, provide research materials needed for fact-checking, including but not limited to confirmation of the spelling of proper names, current contact information for all subjects and background sources, tapes and a typed transcript for in-depth interviews, and all source materials; (e.g. press releases, transcripts, correspondence, pages from Web sites or books), and (iv) provide an annotated manuscript giving references. Please note that payment will not be processed unless all requested backup is submitted.

    3. Payment. If Plough accepts the Article, Plough will pay you the Payment Amount set forth in the agreement. If the Payment Amount expressly and explicitly provides, Plough will also reimburse you for your reasonable out of pocket expenses incurred in connection with the Article, provided that all expenses have previously been approved by Plough and you submit documentation of your expenses as Plough reasonably requires. Payment shall be made upon final acceptance of the Article and receipt by Plough of (i) all supporting documents requested under Paragraph 2 above, (ii) all required accounting documents (e.g. IRS Form 1099s or W-8 Ben-E), and (iii) a signed copy of the agreement.

    4. Option to Kill or Re-Assign: If the Article is not accepted for publication in the Magazine, Plough shall have the option to reassign the Article to Plough international editions or to international magazines with whom Plough Quarterly has a reciprocal content-sharing relationship (“Plough Partner Magazines”) (print and non-print versions). If the Article is re-assigned, you will receive payment equal to the Payment Amount. If the Article is not accepted for publication or reassignment, Plough will pay you a “kill fee” equal to twenty-five percent (25%) of the Payment Amount. However, nothing in the agreement will obligate Plough to actually publish the Article, even if it has been accepted for

    5. (a) Rights Included in Payment Amount: For the Payment Amount, Plough shall have the following rights:

    i. Initial Publishing Rights: First worldwide magazine and periodical rights to publish the Article in the Magazine and ancillary promotion thereof. In North America, such rights will be exclusive for an embargo period of one year from the on-stand date of its initial publication in the U.S. edition of the Magazine, and non-exclusive thereafter in perpetuity; throughout the rest of the world, such rights will be exclusive for an embargo period of two years, and nonexclusive thereafter in perpetuity, in accordance with paragraph 5(b) below. Copyright in and to the Article shall be held in your name.

    ii. Reprint Rights: Plough and its licensees shall also have the perpetual, worldwide rights, for no additional consideration except in the case specifically set forth at paragraph 5(b) herein, to publish, re-publish, use, re-use, distribute, disseminate, display and otherwise include the Article in all print and non-print Plough-branded or Plough Partner-branded re-issues, compilations and anthologies, including ancillary promotion of all the foregoing. Such rights will be exclusive during the embargo period and non-exclusive thereafter.

    (b) International Edition Publishing: Outside North America, Plough shall have exclusive rights to authorize magazine publication in international editions of the Magazine or Plough Partner Magazines (print and non-print versions) for a period of 2 years. If Plough exercises such rights, you will receive a one-time additional fee equal to twenty percent (20%) of the Payment Amount as payment for all international editions in the aggregate in which the Article appears, payable upon initial publication of the Article in the first such international edition (except if the Payment Amount was paid for international publication following reassignment pursuant to Paragraph 3 above, in which case such additional fee will be payable upon publication of the second international edition).

    (c) Publication by You: During the embargo period of exclusivity, Plough will not unreasonably withhold its consent (which must be granted in writing) to your request to resell the Article in countries where Plough is not interested in republishing the Article. In the event that you republish the Article after the embargo period (or during such period as permitted by Plough), you will be solely responsible for obtaining any clearances or permissions that may be necessary for any subjects depicted in the Article (including but not limited to persons or property). You also agree to notify Plough of any resale of the Article. You agree to require any stock house or agency representing your Article to abide by these restrictions. You agree that Plough will receive suitable credit upon your exercise of the foregoing rights; however, failure of a subsequent publication to provide such credit will not be deemed a breach of the agreement, provided that you can demonstrate that you required credit at the time you granted the rights.

    6. In exercising the rights granted hereunder, Plough shall have the right to adapt, crop, enhance, change, edit, add to, delete from, and otherwise revise, the Article and may publish and/or reproduce the Article in its original form or in a condensed, adapted, abridged or revised version.

    7. Plough and its Partner Magazines shall also have the right to use your name, likeness and biography in connection with the use of the Article, and the advertising, publicity and promotion of Plough, Plough’s Partners and their publications, but not as an endorsement of any product or service.

    8. You represent and warrant to Plough that: (i) you have the right to enter into the agreement and fully perform your obligations hereunder; (ii) the Article has not previously been published, in whole or in part, in any form, format, or media; (iii) the Article shall be wholly original to you and not copied in whole or in part from any other work; and (iv) the Article contains no defamatory, libelous or unlawful matter and the Article and Plough's exercise of its rights therein shall not violate or infringe upon the copyright rights, rights of privacy and/or publicity, or any other statutory, common law or other rights of any party. You hereby agree to indemnify Plough and its Partner Magazines and assignees from any and all claims, demands and liabilities (including reasonable counsel fees) arising out of or resulting from the breach or claimed breach of the foregoing representations and warranties and you further agree to assist and cooperate with Plough in its defense of any claims pertaining to the Article.

    9. Nothing herein shall act or be deemed to create a joint venture or partnership between you and Plough and in the performance of your obligations hereunder you shall act solely as an independent contractor of Plough. As an independent contractor, you will not be an employee of Plough and will not be entitled to any benefits of staff membership, such as regular salary, health or vacation benefits. You will not be treated by Plough as an employee for any purpose, which means we will not withhold for federal or state taxes, social security or disability insurance, nor make unemployment contributions for you. You will be personally and solely responsible, with respect to the agreement, for payment of any such taxes, and for any other statutory fees required of self-employed persons.

    10. The agreement shall be construed and governed by New York State law applicable to agreements wholly entered into and performed therein.

    11. If any dispute shall arise between you and Plough regarding the agreement, you and Plough will first attempt to resolve such dispute through mediation, and, if that fails, such dispute shall be referred to binding private arbitration in Kingston, New York, in accordance with the Rules of the American Arbitration Association, and any arbitration award shall be fully enforceable as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, the parties shall have the right to conduct reasonable discovery as permitted by the arbitrator or arbitrators and the right to seek temporary, preliminary, and permanent injunctive relief in any court of competent jurisdiction during the pendency of the arbitration or to enforce the terms of an arbitration award.

    12. The agreement, together with these Terms and Conditions, contains the entire understanding and agreement between you and Plough, and cannot be modified or amended except by a writing signed by us both. The agreement is not assignable or otherwise transferable by you without Plough’s prior written consent and any attempted assignment in violation of the foregoing shall be null and void. You agree that the agreement shall be binding upon you and your heirs, successors and assigns.

    13. You agree that you will not disclose to any third party in any media any information you may learn about upcoming articles (including the article that is the subject of the agreement, other than as necessary with sources to facilitate your reporting), promotions, or events planned by Plough, or the individualized terms of the agreement.

    14. You agree to notify us if you are represented by or have legal obligations to an Agent. If your written contract with such Agent requires that you include a specific clause in agreements granting rights to content you create, you agree to provide Plough the text of such clause in writing and such clause shall be deemed incorporated by reference into the agreement. If you have informed Plough that you are represented by an Agent, you agree that payment by Plough of any sum to such Agent shall fully satisfy any and all obligation by Plough to pay such sum to you.

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