CONTENT PROVIDER AGREEMENT
This Content Provider Agreement, herein referred to as the "Agreement," made this
_______ day of ______________ 20__ between ____________________, herein
referred to as the “Contractor” and _______________________ herein referred to as
the “Content Provider”. Herein all together referred to as “the parties”.
WHEREAS the Contractor desires to engage the Content Provider to perform and
provide content that will be assigned.
THEREFORE, the content provider has agreed to provide and/or assist in providing
the Content subject to the terms and conditions enumerated as follows:
1. Term.
This agreement shall be in effect from the date of signing and will continue in
existence until terminated in accordance with the provisions under this agreement.
2. Content.
The content provider shall supply and/or provide written content to the contractor in
accordance with the terms of this Agreement and shall discharge all of the
obligations and responsibilities associated with the provisions of this Agreement and
the instructions from the contractor.
The contractor reserves the right to edit and change titles, descriptions, thumbnails,
and other contents in the writing provided.
The provided Content should be original work of art by the content provider.
3. Payment Terms.
In consideration of the performance of the Agreement, the contractor and the content
provider have mutually agreed on the mode and the amount as compensation.
on the platform.
4. Changes.
Any party herein can request any changes to the terms in the Agreement and/or the
scope of work or service being performed and any cost associated with change
requests upon a written request (which will not be unreasonably withheld). Parties
will prepare an addendum to this contract, which must be signed by all the parties
involved.
5. Intellectual Property.
The content provider acknowledges that the Content and other intellectual property
rights contained in the presented Content developed under this Agreement and
handed over to the contractor shall belong to the contractor and waives any claim on
any title to such rights under or by virtue of this Agreement.
If the content provider’s contract is canceled or terminated for any reason, the
exclusive content they created will remain the contractor’s exclusive property.
6. Termination.
The contractor has the right to terminate this service Agreement for any reason at
any time.
Any termination of this Agreement does not discharge a party from any accrued
rights or liabilities of either Party arising from the conduct and/or existence of this
Agreement.
7. Ownership of the Content.
The content provider acknowledges and agrees that all the Content provided is a
proprietary, original work of authorship and is protected under copyright, trademark,
patent, and trade secret laws of general applicability.
No matter the circumstances surrounding the termination of the contract herein, the
contractor keeps and retains the ownership of the content.
The contractor is not obligated to inform or consult the Content provider when and if
they decide to sell and transfer the ownership.
8. No Partnership.
Nothing in this Agreement constitutes and/or alludes to a partnership, joint venture,
or agency relationship between the contractor and the content provider.
9. Confidentiality.
All the terms and conditions of this Agreement and any confidential information must
be kept confidential unless disclosure is required under the law.
Disclosing or using this information for any purpose beyond the scope of this
Agreement or the exceptions set forth above is expressly forbidden without the
Parties’ prior consent.
The Parties agree that the confidentiality clause in this Agreement will remain active
and in power even upon the termination of this Agreement.
10. Limitation of Liability.
Neither Party shall be liable for any indirect or consequential loss or damage
howsoever caused by the other Party leading to loss of profit, anticipated savings, or
wasted expenditure incurred out of or in connection with this Agreement.
11. Warranties.
The content provider warrants as follows;-
i. The Content provided is free from any plagiarism and/or breach of any
intellectual rights of third parties and free of any malware for use by the
contractor.
ii. They will bear the consequences should the work be deemed copyrighted
work.
iii. They will not feature third-party content in the Content they submit.
12. Dispute/Conflict Resolution.
The contractor and the content provider hereby mutually agree to have mutual
negotiations in good faith if there arises a dispute and/or conflict concerning the
services, interpretation, obligations, etc., envisioned under this Agreement. If the
negotiations fail, parties may resolve the issue/dispute/conflict through neutral
Arbitration. The decision and award of the arbitrator shall be final and binding on all
parties, and the costs of such proceedings shall be borne equally by both parties.
13. Indemnification.
The content creator agrees to indemnify and hold harmless the contractor from and
against all liability, claims, demands, and expenses, including court costs and
attorney fees, on account of any claim which may arise out of the Content provided.
14. No Assignment.
The parties may not assign or delegate, sublicense or otherwise transfer this
Agreement or its services to be performed or obligations under this Agreement to
other third parties.
15. Waiver.
No waiver by either Party of any default shall be deemed a waiver of prior or
subsequent default of the same of other provisions of this Agreement.
16. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of
_________________.
17. Force Majeure.
For this Agreement, "Force Majeure" means an event that a diligent party could not
have reasonably avoided in the circumstances, which is beyond the control of a party
and includes, but is not limited to war, riots, civil disorder, earthquake, storm, flood,
adverse weather conditions, strikes, lockouts or other industrial action, terrorist acts,
bankruptcy, confiscation, or any other
action by government agencies.
A Party’s failure to fulfill its obligations due to Force Majeure shall not be considered
a breach of this Agreement provided that the Party has taken all reasonable
precautions, due care, reasonable alternative measures, and minimal delay to carry
out the terms of this Agreement.
18. Severability.
Suppose any term, clause, or provision hereof is held invalid or unenforceable by a
court of competent jurisdiction. In that case, such invalidity shall not affect the validity
or operation of any other term, clause, or provision, and such invalid term, clause, or
provision shall be deemed to be severed from the Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized
representatives of the parties.
Signed by; –
THE CONTRACTOR; –
Name:
______________________________
Signature:
__________________________
Email Address:
______________________
Date:
_____________________________
THE CONTENT PROVIDER; –
Name:
______________________________
Signature:
__________________________
Email Address:
_______________________
Date:
_______________________________