The term of this agreement shall be one (1) year from the date of execution, and shall be automatically renewed for an additional one year period each year thereafter unless terminated in writing a minimum of 30 days prior to the anniversary date, by either Newscast or the Photographer.
The Photographer hereby warrants and represents that he or she is the sole and exclusive owner of all digital images, and any other photographic materials (hereinafter referred to as "Images") delivered to Newscast, both now and in the future. The Photographer warrants and represents that he or she has the unrestricted right to license the said Images. Newscast is appointed sales agent only, and makes no claim of ownership or any interest in the Photographer's Images.
Newscast shall not acquire any rights, title, or interest in or to said Images, or their use, other than as specifically set forth in this agreement. Newscast has the permission of the Photographer to take such steps as may be reasonably necessary to prosecute unauthorised use and assure the users properly protect the Photographer's copyright upon publication. The Photographer agrees to provide whatever reasonable assistance Newscast may require in performing these steps
The Photographer agrees to assume all responsibility for any and all claims resulting from information supplied to Newscast that the Photographer knew or had reason to know was erroneous and inaccurate regarding its ownership and caption information for all Images left with Newscast. The Photographer warrants that the Images delivered to Newscast do not knowingly infringe any copyright, trademark, right of privacy, or publicity, and do not knowingly defame any third party.
Newscast shall pay 50% of all licensing fees collected to the Photographer, on the condition that images are uploaded by the Photographer through the Newscast online upload facility. Payment shall be made by Newscast on a monthly basis to the Photographer for payments received and processed from its clients. In no case shall payment be made to the photographer later than ninety (90) days from the date the Newscast receives payment from its client. A sales statement listing all collected sales with the appropriate sum will be included with any payments.
The Photographer understands that advertising and promotion are essential to the success of Newscast, and that such advertising and promotion is beneficial to the photographer as well as Newscast. The Photographer authorises use of his or her photographs in Newscast advertising and promotion at Newscast's discretion and without compensation to the Photographer.
This Agreement, its validity, construction and effect, shall be governed by and construed under the laws of England and Wales and the parties hereby submit to the exclusive jurisdiction of the courts of England and Wales.