Performance of the Assignment.
Contractor agrees to submit each completed Work, in the agreed length, in a format specified by ERB, on or before the Due Date. Contractor will invoice ERB for the agreed-upon Fee for the agreed-upon Work after ERB has accepted the Work for publication, which will be at ERB's discretion. ERB will pay undisputed invoices within 30 days of receipt.
ERB Right to Publish:
ERB acquires the first right of publication, in all media and also the right, initially exclusive and thereafter non-exclusive, to publish, reproduce, adapt (e.g., by abbreviating or optimizing it for distribution and/or display through certain media) and otherwise make available the Work worldwide and in all languages and combined or not with materials of others through the ERB Magazine and on the europeanreviewofbooks.com website and any other website affiliated with ERB, and to include the Work in any electronic, digital, or online version of ERB publications. This publication right also includes the right to publish, display, and/or transmit any electronic, acoustic, or optical version of the Work or any part thereof by any means now existing or created in the future. The Contractor expressly waives their personality rights within the meaning of section 25 paragraph 1, a, b, and c of the Copyright Act.
Contractor's rights will vest exclusively in ERB for a period of 180 days after publication (the “Exclusive Period”). During the Exclusive Period, Contractor will not permit third parties to publish, license, reproduce, distribute, adapt or otherwise exploit, in any form or medium, the Work, or any research background or other material developed by Contractor in connection with the Work.
After the Exclusive Period:
After the Exclusive Period, ERB will continue to hold the transferred rights on a non-exclusive basis. The Contractor grants ERB the perpetual non-exclusive right and license to include the Work or any portion thereof in a reprint of an issue of ERB, a special edition of ERB, or an anthology, compilation or collection of material, in any manner, format or medium now known or hereafter developed. ERB thus has the right to store the Work, to include it in its database, and to make and keep it available through its "library" or archive and in any other way to visitors to its website, without further payment to the Contractor.
In any journalistic assignment you accept for ERB, you will adhere to the highest standards of journalistic ethics, to all ERB editorial policies or procedures made known to you, and to all applicable laws. You will avoid conflicts of interest and the appearance of conflicts of interest. If a conflict of interest exists or arises with respect to an engagement (or, under the circumstances, could reasonably create the appearance of one), you will immediately notify ERB. You understand that ERB is engaging you to prepare any Work for exclusive publication by ERB. You may not disclose any information, documents, or materials that ERB provides to you or that you collect in connection with an assignment you are performing for ERB without ERB’s written permission.
ERB reserves the right to make editorial changes to the Work. ERB may accompany any Work with photographs, videos, graphics, and other illustrations at its discretion. ERB will notify Contractor of any Editorial Changes prior to publication, in which case ERB will communicate with Contractor via the e-mail address used in communications with ERB. If the Contractor states that they do not agree with the proposed changes, ERB may decide not to publish the Work. In this case, ERB may terminate the agreement with the Client, without being liable to pay any damages.
Rejection for Publication:
ERB reserves the right to reject any Work at any time until such Work is actually published. Such rejection of the Work prior to publication by ERB shall terminate the agreement between the parties and thereby the rights and obligations of both parties in that regard.
ERB will publish and/or make available to third parties the Work offered by you only with the indication of the name or pseudonym of Maker.
For the purpose of advertising, promoting, and issuing notices about ERB (or any ERB related product or service or any product or service to which ERB provides content), you grant ERB a worldwide, non-exclusive right to use your name, pre-approved likeness and/or biographical information, and to authorize others to do so.
Contractor acknowledges and agrees that ERB cannot guarantee that digital editions of its publication will be protected from theft or misuse, and that ERB will have no liability with respect to any customer's or other person's failure to comply with content use rules or ERB's failure to enforce such rules.
Contractor declares and guarantees that they have full right and authority to enter into and fully perform the agreement between the parties, and that they will abide by the terms of this agreement. Contractor declares that they own all rights necessary for ERB to publish the Work submitted by Contractor, and that none of the material in Contractor's Work will violate the intellectual property, proprietary or other rights of any person or entity. Contractor certifies that each Work is original, that they have not previously granted anyone any right or license to the Work, nor have they agreed to give anyone outside ERB approval over any aspect of the Work; that the Work has not been previously published; that they will not distribute editorial material on similar topics until ERB has published or rejected the Work; that the Work is factually accurate and that they have made all reasonable efforts to ensure that all information presented in the non-fiction portion of the Work is true and accurate in all material respects; that the Work will not be defamatory or violate any person's right of privacy or publicity; that in gathering information for and preparing the Work, they will not invade the privacy or otherwise violate the rights of any person; and that the Work will not infringe any right. Client shall immediately notify ERB upon the discovery of any factual inaccuracy in any Work submitted, or if it receives any communication alleging that any Work is inaccurate or defamatory or that the Work or the process of gathering information for or preparing the Work violates privacy or otherwise infringes on the rights of any person.
To the extent permitted by law, Contractor shall indemnify and hold ERB harmless from and against any claim, liability, damage, action arising out of any breach, warranties, or obligations of Contractor under the Agreement.
If ERB is required to pay damages to the Contractor for any reason, such damages, or the damages cumulatively, shall never exceed the amount that the Contractor could charge ERB under the Contract of Engagement.
Competent court and applicable law
Any disputes will be settled exclusively by the District Court in Amsterdam. Dutch law is applicable.
The Assignment Agreement is the complete agreement between the Contractor and ERB relating to the Assigned Work. This agreement replaces all earlier or simultaneous agreements (written or oral) between the Contractor and ERB relating to the Work.