This agreement (the "Agreement") is entered in to by the Submitting Party ("Writer"), and Essential Samples Network, LLC d/b/a DJMixSource.com ("DJMixSource").
In consideration of the mutual covenants made herein, the parties agree as follows:
Parties: Writer is engaged in the business of writing articles and other materials on a freelance basis. Articles include Written Content, Images, Photographs, Screen Captures, Video, Audio, Slide Shows, and any other submitted Multimedia content. DJMixSource is engaged in the business of electronic publishing and commerce.
Relationship: The parties expressly agree and acknowledge that the relationship created by this Agreement is one of Independent Contractor. DJMixSource is not the employer of Writer, and Writer is not, and will not be treated as, an employee of DJMixSource for federal tax purposes, or any other purpose.
Services to be Provided by Writer: Writer agrees to submit, on his or her sole initiative, written, audio, video, or other multimedia articles to DJMixSource. The manner and method of producing these Articles is solely at the discretion of Writer; DJMixSource has no right of control over Writer’s manner or method of performance under this Agreement.
Representations and Warranties of Writer: By submitting an Article to DJMixSource, Writer represents and warrants that the Article is Writer’s original work and that the Article is not owned by any third party. Further, the Writer represents that the Article is accurate, has not been obtained by unlawful means, and that the Article has not been previously published in any manner or medium, specifically including but not limited to, print or electronic mean. The Writer further represents that publication of the Article by DJMixSource will not violate any copyright or other intellectual property right of any third party.
Compensation: Upon acceptance of article for publishing, DJMixSource agrees to pay Writer a fair and competitive amount based on complexity of article, indluding subject, article length, images, videos, and any other media used. Under no circumstances will Writer be paid on an hourly, daily or other basis that is a function of time. Writer acknowledges and agrees that DJMixSource will only pay writer for Articles that are published and DJMixSource has the sole and exclusive authority to determine whether or not to publish any and all Articles submitted by Writer. If Articles are not accepted for publishing with DJMixSource, all rights to the submitted article remain the property of Writer.
Assignment and Ownership of Intellectual Property: Writer hereby understands and agrees that all Articles, and Media contained within submitted to, and published by, DJMixSource under this Agreement shall be considered works for hire for first national publication rights. Writer hereby assigns to DJMixSource all first national rights to publish the Article, and those articles written by Writer and previously submitted to DJMixSource, 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 rights to archive, republish, edit, repackage or revise any Article in any manner as DJMixSource sees fit. The rights conferred upon DJMixSource by this Agreement shall be exclusive to DJMixSource for a period of 90 Days after the first date DJMixSource initially publishes the Article.
Implied Acceptance: The act of Article Submission and all content for consideration to DJMixSource for publishing are considered the motive and implied acceptance of this agreeement.