FREELANCE WRITER AGREEMENT
This agreement (the "Agreement") is entered into by ________________________ ("Writer"), and Tesames.
In consideration of the mutual covenants made herein, the parties agree as follows:
The writer is engaged in the business of writing articles and other materials on a freelance basis. Tesames is engaged in the business of content publication.
The parties expressly agree and acknowledge that the relationship created by this Agreement is one of Independent Contractor. Tesames is not the employer of Writer, and Writer is not, and will not be treated as an employee of Tesames for federal tax purposes or any other purposes.
This agreement will begin on the date set forth below and shall continue until terminated as provided by either party. If either party violates a term of this Agreement, then the other party (the "Non-breaching Party") may terminate this Agreement, effective immediately upon delivery of written notice of termination by the Non-breaching Party. Notwithstanding the foregoing, either party may terminate this Agreement at any time for any or no reason.
Services to be provided by Writer.
Writer agrees to submit, on their sole initiative, written articles to Tesames on subjects chosen by Writer from a topic list provided by Tesames (the "Articles"). The writer will submit Articles following the deadline schedule being used by Tesames.
Representations and Warranties of Writer.
By submitting an Article to Tesames, Writer represents and warrants that the Article is Writer’s original work, that the Article is not owned by any third party, that the Article is accurate, that the Article has not been obtained by unlawful means, that the Article has not been previously published in any manner or medium, specifically including, but not limited to, print or electronic means. That publication of the article by Tesames will not violate any third party's copyright or other intellectual property right.
Tesames agrees to pay Writer per word for each Article published by Tesames. Under no circumstances will Writer be paid on an hourly, daily, or another basis that is a function of time. The writer acknowledges and agrees that Tesames will only pay Writer for published Articles, and Tesames has the sole and exclusive authority to determine whether or not to publish any Articles submitted by Writer. Tesames agrees to pay Writer per photograph published in conjunction with an Article; however, Writer understands and agrees that Tesames may publish, at its sole discretion, any number of photographs less than or equal to those submitted by Writer with the Article. The writer understands that Tesames may publish photographs with articles that were not submitted by Writer. Tesames agrees to pay Writer per minute of a video published in conjunction with an Article; however, Writer understands and agrees that Tesames may publish, at its sole discretion, any selected frames of videos less than or equal to those submitted by Writer with the Article. The writer understands that Tesames may publish videos with articles that were not submitted by Writer.
As an Independent Contractor, Writer shall be responsible for the reporting, deposit, and payment of any federal, state, and local taxes, including but not limited to income taxes, FICA taxes, and unemployment taxes incidental to the performance of, or payment under this Agreement.
Assignment and Ownership of Intellectual Property.
Writer hereby understands and agrees that all Articles submitted to and published by Tesames under this Agreement shall be considered works for hire. Further, to the extent that any intellectual property right does not pass according to work for hire, the writer hereby assigns to Tesames all rights to publish the article. All previously submitted articles of Writer, in any tangible medium of expression, now known or later developed, from which it can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device, including without limitation the archive rights, republish, edit, repackage or revise any Article in any manner as Tesames sees fit. The writer foregoes the right to be explicitly named or otherwise associated with Article and understands that services constitute ghostwriting. The rights conferred upon Tesames by this agreement shall be exclusive to Tesames after the first date Tesames initially publishes the Article. This Agreement is entered into on this _____ day of __________, 20___.