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    Translation Agreement

    Plough Publishing House

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

    1. Scope.These Terms and Conditions for Translators apply to any agreement in which a Translator (“you”) agree to provide Church Communities International dba Plough Publishing House (“Plough”) with a quality translation (the “Translation”) of an identified work (the “Work”) into an identified language (the “Translation Language”) in return for Plough’s payment of a specified amount (the “Payment Amount”).

    2. The Translation. You shall ensure that the Translation (i) is accurate and of a high quality suitable for publication in the world market, (ii) reflects the good name and reputation of Plough and is consistent with the high standard of quality for which Plough is known, and (iii) is a faithful rendition of the Work into the Translation Language and neither omits anything from the original text nor adds anything to it other than such verbal changes as are necessary and appropriate in translating from English into the Translation Language. Under no circumstances shall automated translation programs be used to translate the Work. You shall not make any changes to the content of the Work without the express prior written approval of Plough.

    3. Delivery and Approval. You shall deliver to Plough a fully translated copy of the Work in accordance with these Terms and Conditions on or before the Due Date specified by Plough. Delivery of the Translation to Plough shall be in electronic format, preferably in Microsoft Word, as an email attachment or on a CD-ROM. Plough shall have the right to review and accept or reject the Translation in its reasonable discretion and will notify you within thirty days. If Plough rejects the Translation, Plough will provide comments to you explaining the basis for its rejection and you shall revise such translation in accordance with Plough’s comments and deliver the revised translation of the Work within thirty days after Plough’s notice of rejection. If you fail to deliver to Plough a fully translated copy of the Work acceptable to Plough in its reasonable discretion, Plough shall have the right to immediately terminate the agreement without any payment due to you hereunder.

    4. Payment If Plough accepts the Translation, Plough will pay you the Payment Amount set forth in the agreement. Payment shall be made upon final acceptance of the Translation and receipt by Plough of (i) all required accounting documents (e.g. IRS Form 1099 or W-8 Ben-E) and (ii) a signed copy of the agreement.

    5. Work Made for Hire. You hereby acknowledge and agree that all works prepared hereunder, including the Translation, shall be works made for hire and that all right, title, and interest therein and thereto shall vest automatically upon creation in Plough. Without limiting the foregoing, if you obtain any right, title, or interest in or to the Translation or Work hereunder for any reason, including if the Translation or any portion thereof is not deemed a work made for hire in any country, you hereby assign the same to Plough, including but not limited to the right to publish, print, reproduce, modify, adapt, update, modernize, and partially or totally transform the Translation, in any current or future medium (including but not limited to, magazines, books, websites, video, or other digital media or online communication services) for any purpose, including commercial purposes. You hereby waive any and all moral rights you may have in the Translation.

    6. Ownership and Attribution. You hereby acknowledge and agree that Plough owns the entire right, title, and interest in and to the Work and the Translation and that you shall not directly or indirectly challenge Plough’s ownership thereof. You shall be identified as the translator of the Work for the Translation Language on or in copies of the Translation that are published by or on behalf of Plough.

    7. Warranties and Indemnification. Plough warrants to you that (i) the Work does not, and the Translation if made in accordance with these Terms and Conditions, will not, infringe upon any copyright of any third party; and (ii) Plough has the full power to enter into the agreement and perform its obligations hereunder. You warrant to Plough that (i) you are an experienced translator from English to the Translation Language and are fluent in both English and the Translation Language; (ii) the Translation shall be accurate, and no material of an objectionable or libelous character will be introduced into the Translation; (iii) the Translation shall be an original translation of the Work and shall not infringe upon or violate any statutory copyright or common law copyright or other intellectual property right of any third party; and (iv) you have the full power to enter into the agreement and perform your obligations hereunder. Each of Translator and Plough shall defend, indemnify, and hold harmless the other party and its affiliates, directors, officers, employees, and agents from and against any and all claims, proceedings, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of your or Plough’s (as applicable) breach of its warranties or obligations under the agreement.

    8. 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.

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

    10. 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.

    11. 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.

    12. 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), promotions, or events planned by Plough, or the individualized terms of the agreement.

    13. 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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