JENNIFER MILIUS, INC.
This writing constitutes (the “AGREEMENT”) between Jennifer Milius, Inc., a Virginia S Corporation, (the “COMPANY”) and you (the “GUEST CONTRIBUTOR”); collectively known as (the “PARTIES”).
This AGREEMENT is intended by the PARTIES to govern and control the contributed materials (the “MATERIALS”) by the GUEST CONTRIBUTOR to the COMPANY’s podcast called At The Table with Jen (the “PROGRAM”).
The PARTIES agree that the following is an accurate description of the MATERIALS provided by the GUEST CONTRIBUTOR:
ACCEPTING THESE TERMS
The GUEST CONTRIBUTOR understands and agrees to enter into this AGREEMENT.
When the GUEST CONTRIBUTOR does any of the following, that action is considered agreeing to the terms contained in this AGREEMENT:
With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of this acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.
The GUEST CONTRIBUTOR agrees to allow the COMPANY to publish his or her MATERIALS as part of the COMPANY’S PROGRAM.
The GUEST CONTRIBUTOR agrees that he or she is the copyright owner of the MATERIALS, and has the full legal rights to contribute the MATERIALS to the COMPANY’S PROGRAM. If at any time the legal ownership of the MATERIALS is at question, the COMPANY may take any and all reasonable actions to remove the MATERIALS from its PROGRAM until the issue is resolved.
The GUEST CONTRIBUTOR grants the COMPANY the limited non-exclusive, worldwide right to publish on COMPANY’S website(s), syndicate, and distribute all or a portion of your MATERIALS worldwide as part of the PROGRAM.
The GUEST CONTRIBUTOR gives the COMPANY the right to use their name, likeness, information about them, and the logo, if applicable; in connection with the marketing and running of the COMPANY’S PROGRAM.
The GUEST CONTRIBUTOR is providing the MATERIALS to the COMPANY at no charge.
The COMPANY intends to use the MATERIALS within its business and as such, the GUEST CONTRIBUTOR does not have the right now, or at any time in the future, to demand payment and or financial compensation from the COMPANY.
Except for the rights granted to the COMPANY, the GUEST CONTRIBUTOR retains all intellectual property rights, including patent, trade secrets, trademark, and copyright, in the contributed materials. At no time will the COMPANY attempt to register or legally protect the intellectual property of the GUEST CONTRIBUTOR.
Once the PARTIES sign this AGREEMENT, the GUEST CONTRIBUTOR gives his or her permission to use any of its MATERIALS in the marketing and running of the PROGRAM.
The GUEST CONTRIBUTOR represents and warrants that he or she has the legal and ownership right to grant these rights to the COMPANY; that the MATERIALS:
The term “CONFIDENTIAL INFORMATION” means INFORMATION WHICH IS NOT GENERALLY KNOWN TO THE PUBLIC RELATING TO THE PARTIES BUSINESS OR PERSONAL AFFAIRS.
COMPANY agrees not to disclose, reveal, or make use of any CONFIDENTIAL INFORMATION learned of through its transactions with the GUEST CONTRIBUTOR.
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, its representatives, or employees, the provisions in this AGREEMENT control.
This AGREEMENT is the entire understanding between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations, and understandings, oral or written. Modification to this agreement is by a written instrument executed by both PARTIES.
The COMPANY will not be deemed to be in breach of this AGREEMENT for any delay or failure in performance caused by reasons out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; power outage or other disruptions or communication methods or any other cause which would be out of the reasonable control of the COMPANY.
CHOICE OF LAW
This AGREEMENT is governed and interpreted in accordance with the laws of the State of Virginia without giving effect to any principles of conflicts of law.
The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the state of Virginia according to the rules of the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Chesapeake, Virginia, or via telephone. The PARTIES shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) period. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.
The arbitration decision is final and legally binding on the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.
By entering your initials and submitting your guest contributor AGREEMENT, you agree to follow the terms and conditions.