Contributor Terms and Conditions
Last Revision Date: 10/14/2008 (See revision notes at the bottom of this document)
This is a legal agreement between any member intending to upload data onto the AbsoluteStockPhoto.com website (the "Supplier", "Supplier", "You", "Your", "Photographer") and Absolute Stock Photo ("Absolute Stock Photo"). By uploading a photograph, illustration, or similar form of digital media ("Image"), the Supplier understands that he/she has agreed to be bound by the terms of this agreement ("Contributor Terms and Conditions"):
Absolute Stock Photo is a venue. The Site acts as a venue to allow photographers to sell, and any anyone to buy digital photos, at anytime, from anywhere, in a fixed price format. We are not involved in the actual transaction between buyers and photographers. As a result, we have no control over the legality of the photos available for sale. It is the responsibility of the photographer and the buyer to ensure that the photo meets all relevant legal criteria for its intended use.
You and Absolute Stock Photo are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. This implies that the supplier is solely responsible for paying taxes on profit from sales of Images. Absolute Stock Photo reserves the right to remove/delete any Images without cause or recourse, Supplier will be notified of removal of Image(s). Photos will be reviewed periodically for quantity and quality.
2. Copyright. The Supplier acknowledges that Absolute Stock Photo prohibits any Image or any other material that infringes on any patent, trademark, copyright, trade secret, right to privacy, right to publicity, or any other applicable law or proprietary right to be uploaded to its web site located at AbsoluteStockPhoto.com. By uploading an Image, the Supplier is warranting that he/she owns all proprietary rights, including copyright, in and to the Image.
The Supplier agrees to provide Absolute Stock Photo with sufficient rights to grant the purchaser limited license for any Image uploaded by the supplier. It is the suppliers responsibility to ensure they possess sufficient rights to uploaded Images and accept any liability associated to not having said rights.
You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by Absolute Stock Photo. If you are unsure whether additional third-party rights are needed for your Image, you are responsible for consulting with competent rights management professionals or legal counsel.
5. Model Release. To the extent that the Image contains people or persons, the Supplier has the option to supply the Purchaser with a Release. If the Supplier indicates that a release is available for a given picture via the available field in the upload process, then the Supplier effectively represents and warrants that he/she has obtained a model release. In the event that a Purchaser requests a copy of a said release it an Absolute Stock Photo representative will contact the Supplier via their registered email and request a copy of said release. The Supplier has 5 days to respond to request, after such time it will be assumed that there is no release and the release indicator will be removed from the Image profile. If there is a false representation of a release the Supplier is subject to possible expulsion from Absolute Stock Photo, at the discretion of Absolute Stock Photo management, and all of the Supplier's photos will be removed upon expulsion.
6. Agreement Terms. Absolute Stock Photo reserves the right to change, alter, update, add to this agreement at any time. All modifications to this Supplier Agreement will be communicated to all Suppliers at least 30 days prior to any said changes taking effect. The life of this agreement is considered indefinite until termination.
7. Grant of Authority. Subject to this Agreement, the Supplier grants Absolute Stock Photo non-exclusive license, with a right to use, any Image, alone or in combination with any other material, in any media or embodiment, now known or later developed, for any marketing, advertisement, or promotional purpose. Buyers/Purchasers may use Supplier's Image(s) under terms of our Purchaser Terms and Conditions.
8. Payment Terms. Absolute Stock Photo shall remit payment to Supplier for his/her Image licenses on a monthly basis on the 5th of each month for the month before the most recently completed month. This means that sales transactions for January will be paid out March 5th . This simplifies the payout process and allows for sales that occur at the end of the month a full 30-days. This helps prevent payments for any images that are still open for refunding to the customer. Payments will be made via paypal unless an alternative method is requested by the Supplier. Alternative methods should be noted in the "paypal email" field of the Supplier's profile. Additional fees that are required for alternative forms of payments will be subtracted from the Supplier's payment.
Payments will not be issued until account balance exceeds $50.
For accounts that are paid by check - checks will be issued quarterly if account balance is greater than $50.
9. Fees and Commission.
DOWNLOAD IMAGES: Absolute Stock Photo will retain 50% of the purchase price of the Image license sold as commission for all photographers.
POSTERS AND PRINTS: Absolute Stock Photo will retain 50% of the purchase price less any applicable printing, shipping, and handling costs. All associated printing costs, rounded up to the nearest $5, will be deducted from the purchase price prior to Absolute Stock Photo commission fee assessment (Example: Purchase Price $100, Printing Cost: $40, Amount to be split: $60, Absolute Stock Photo's commission: $30, Photographers payment: $30). The elevated commission for posters and prints is due to the time required to crop, prep, and transmit the image to the printing vendor.
In the event that a refund of a payment received or accrued from a third party is required, Absolute Stock Photo is specifically authorized to deduct the Supplier's share of this overpayment from any subsequent amount due the Supplier. Payment will be sent to Supplier via PayPal or via check through the US postal system. Absolute Stock Photo reserves the right to choose between these forms of payment.
10. Personal Information. It is the Supplier's responsibility to provide accurate contact information to Absolute Stock Photo. This information will be used for internal purposes only to pay Supplier with profit from Image sales and for obtaining releases for Purchasers. If the information provided to Absolute Stock Photo is not complete or is inaccurate preventing payment to be made, Supplier forfeits the right to receive payment. Absolute Stock Photo shall use reasonable efforts to locate the Supplier in the event payments are returned unclaimed. In the event that, notwithstanding Absolute Stock Photo's reasonable efforts, the Supplier cannot be located for one year, Absolute Stock Photo shall have the right to retain all payments due.
11. Agreement Termination. If either party commits a material breach of this Agreement, the non-breaching party may terminate this Agreement within thirty (30) days written notice if the breaching party fails to remedy the breach within such thirty (30) days after receiving notice of the breach. Notwithstanding, Absolute Stock Photo may immediately terminate the agreement with the Supplier if Supplier willfully tampers, hacks, or causes harm to Absolute Stock Photo Website or otherwise materially breaches the agreement in a manner that is not readily capable of immediate cure. Either the Supplier or Absolute Stock Photo has the right to terminate this agreement without cause. Intent to terminate agreement must be sent in writing via email or written mail. Upon the termination of this agreement, Absolute Stock Photo shall delete Supplier's Images from its Website, with the exception of recently licensed Images, which must be available to licensees for download thirty (30) days from date of the license payment. Notwithstanding the foregoing, Absolute Stock Photo may retain digital files solely as part of its back-up data storage.
Because we are a venue, in the event that you have a dispute with one or more users, you release Absolute Stock Photo from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Suppliers will be solely responsible for all legal costs related to Images contributed.
13. Pricing of Images and Prints. Absolute Stock Photo reserves the right to set the sale price of all images and to change that price without notice to the photographers. Discounts will be offered to customers who purchase images in bulk and Absolute Stock Photo reserves the right to set the discount without notice to the contributing photographers.
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Revision Date
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Original Text
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Revised Text
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10/14/2008
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8. Payment Terms. Absolute Stock Photo shall remit payment to Supplier for his/her Image licenses on a monthly basis on the 5th of each month for the month before the most recently completed month. This means that sales transactions for January will be paid out February 5th . This simplifies the payout process and allows for sales that occur at the end of the month a full 30-days. This helps prevent payments for any images that are still open for refunding to the customer. Payments will be made via paypal unless an alternative method is requested by the Supplier. Alternative methods should be noted in the "paypal email" field of the Supplier's profile. Additional fees that are required for alternative forms of payments will be subtracted from the Supplier's payment.
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8. Payment Terms. Absolute Stock Photo shall remit payment to Supplier for his/her Image licenses on a monthly basis on the 5th of each month for the month before the most recently completed month. This means that sales transactions for January will be paid out March 5th . This simplifies the payout process and allows for sales that occur at the end of the month a full 30-days. This helps prevent payments for any images that are still open for refunding to the customer. Payments will be made via paypal unless an alternative method is requested by the Supplier. Alternative methods should be noted in the "paypal email" field of the Supplier's profile. Additional fees that are required for alternative forms of payments will be subtracted from the Supplier's payment.
Payments will not be issued until account balance exceeds $50.
For accounts that are paid by check - checks will be issued quarterly if account balance is greater than $50. |
| 1/19/2008 |
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9. Fees and Commission.
DOWNLOAD IMAGES: Absolute Stock Photo will retain 50% of the purchase price of the Image license sold as commission for all photographers accepted and approved after September 1, 2007. Absolute Stock Photo will retain 40% of the purchase price of the Image as commission for all photographers accepted and approved by Absolute Stock Photo before September 1, 2007.
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9. Fees and Commission.
DOWNLOAD IMAGES: Absolute Stock Photo will retain 50% of the purchase price of the Image license sold as commission for all photographers.
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| 9/2/2007 |
9. Fees and Commission.
DOWNLOAD IMAGES: Absolute Stock Photo will retain 40% of the purchase price of the Image as commission.
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9. Fees and Commission.
DOWNLOAD IMAGES: Absolute Stock Photo will retain 50% of the purchase price of the Image license sold as commission for all photographers accepted and approved after September 1, 2007. Absolute Stock Photo will retain 40% of the purchase price of the Image as commission for all photographers accepted and approved by Absolute Stock Photo before September 1, 2007.
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| 12/03/2006 |
9. Fees and Commission.
DOWNLOAD IMAGES: Absolute Stock Photo will retain 35% of the purchase price of the Image as commission.
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9. Fees and Commission.
DOWNLOAD IMAGES: Absolute Stock Photo will retain 40% of the purchase price of the Image as commission.
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| 02/12/2006 |
8. Payment Terms. Absolute Stock Photo shall remit payment to Supplier for his/her Image licenses on a monthly basis, no earlier than 5 days and no later than 15 days from the end of the month in which payment was received by Absolute Stock Photo to allow for clearing of all purchases and distribution of payment. Such payment will be accompanied by a statement, via email, detailing the Images sold, excluding returns, refunds and all other uncompleted transactions. Should the net amount due to the Supplier be less than fifty dollars (US$50) in any given month, then Absolute Stock Photo will issue a statement without payment and payment will be made once the net due equals at least fifty dollars (US$50) in any given month. We will only pay you for payments successfully processed. Fraudulent payments, refunds and charge backs will not be paid out. Note that corporate accounts are invoiced after sale is posted to the site and payment to the photographer will not occur until payment is received from the corporate account owner.
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8. Payment Terms. Absolute Stock Photo shall remit payment to Supplier for his/her Image licenses on a monthly basis on the 5th of each month for the month before the most recently completed month. This means that sales transactions for January will be paid out February 5th . This simplifies the payout process and allows for sales that occur at the end of the month a full 30-days. This helps prevent payments for any images that are still open for refunding to the customer. Payments will be made via paypal unless an alternative method is requested by the Supplier. Alternative methods should be noted in the "paypal email" field of the Supplier's profile. Additional fees that are required for alternative forms of payments will be subtracted from the Supplier's payment. |
| 02/12/2006 |
POSTERS AND PRINTS: Absolute Stock Photo will retain 35% of the purchase price less any applicable printing, shipping, and handling costs. All associated printing costs, rounded up to the nearest $5, will be deducted from the purchase price prior to Absolute Stock Photo commission fee assessment (Example: Purchase Price $100, Printing Cost: $40, Amount to be split: $60, Absolute Stock Photo's commission: $21, Photographers payment: $39). |
POSTERS AND PRINTS: Absolute Stock Photo will retain 50% of the purchase price less any applicable printing, shipping, and handling costs. All associated printing costs, rounded up to the nearest $5, will be deducted from the purchase price prior to Absolute Stock Photo commission fee assessment (Example: Purchase Price $100, Printing Cost: $40, Amount to be split: $60, Absolute Stock Photo's commission: $30, Photographers payment: $30). The elevated commission for posters and prints is due to the time required to crop, prep, and transmit the image to the printing vendor. |
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10/06/2005
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N/A
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Added to section 8: Note that corporate accounts are invoiced after sale is posted to the site and payment to the photographer will not occur until payment is received from the corporate account owner.
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10/05/2005
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N/A
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13. Pricing of Images and Prints. Absolute Stock Photo reserves the right to set the sale price of all images and to change that price without notice to the photographers. Discounts will be offered to customers who purchase images in bulk and Absolute Stock Photo reserves the right to set the discount without notice to the contributing photographers.
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8/23/05
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7. Grant of Authority. Subject to this Agreement, the Supplier grants Absolute Stock Photo non-exclusive license, with a right to use, any Image, alone or in combination with any other material, in any media or embodiment, now known or later developed, for any purpose. Buyers/Purchasers may use Supplier's Image(s) under terms of our
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7. Grant of Authority. Subject to this Agreement, the Supplier grants Absolute Stock Photo non-exclusive license, with a right to use, any Image, alone or in combination with any other material, in any media or embodiment, now known or later developed, for any marketing, advertisement, or promotional purpose. Buyers/Purchasers may use Supplier's Image(s) under terms of our
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8/23/05
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9. Fees and Commission. Absolute Stock Photo will retain 35% of the purchase price of the Image as commission. In turn Absolute Stock Photo will absorb the transaction fees to sell the Image and server/hosting costs. In the event that a refund of a payment received or accrued from a third party is required, Absolute Stock Photo is specifically authorized to deduct the Supplier's share of this overpayment from any subsequent amount due the Supplier. Payment will be sent to Supplier via PayPal or via check through the US postal system. Absolute Stock Photo reserves the right to choose between these forms of payment.
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9. Fees and Commission.
DOWNLOAD IMAGES: Absolute Stock Photo will retain 35% of the purchase price of the Image as commission.
POSTERS AND PRINTS: Absolute Stock Photo will retain 35% of the purchase price less any applicable printing, shipping, and handling costs. All associated printing costs, rounded up to the nearest $5, will be deducted from the purchase price prior to Absolute Stock Photo commission fee assessment (Example: Purchase Price $100, Printing Cost: $40, Amount to be split: $60, Absolute Stock Photo's commission: $21, Photographers payment: $39).
In the event that a refund of a payment received or accrued from a third party is required, Absolute Stock Photo is specifically authorized to deduct the Supplier's share of this overpayment from any subsequent amount due the Supplier. Payment will be sent to Supplier via PayPal or via check through the US postal system. Absolute Stock Photo reserves the right to choose between these forms of payment.
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