Photographer As Contributor Agreement

This Contributor’s Agreement (“Agreement”) is effective as of “Effective Date” between napolstockimage, a company incorporated under the provisions of the Companies Act, 1956 and having its registered office at Mumbai (“napolstockimage”) he and a company registered under the Companies Act, 1956/ a Private Limited firm represented by its NAPOL ENTERTAINMENT PRIVATE LIMITED and having its Office at Mumbai, Maharashtra, India. Office No.: +91-9619832427 & 9322215855.

Now therefore, in consideration of the mutual undertakings here after set forth the parties hereby agree as follows:

1. Definition :

1.1 “Accepted Images” means an image submitted by the Contributor to Napolstockimage and accepted by Napolstockimage for inclusion in its files.

1.2 “Catalogue” means any compilation of “Accepted Images” to promote the business Of Napolstockimage and/or Contributor

1.3 “Contributor” means in respect of any image, the Copyright owner or an agent, that agent, has completed registration on his behalf.

1.4 “Images” means Illustrations, Drawings, Photographs, or other visual representations, color or black and white Transparencies, whether obtained by camera or computer, or any other means, which is now known or which may become known in the future and shall include metadata, keywords, descriptions and captions associated with the image.

1.5 “Image Submission Guidelines” means Napolstockimage content and format requirements for submitting images to Napolstockimage. Napolstockimage retains the right to revise and amend these guidelines from time to time

1.6 Upon written notice to Contributor. Napolstockimage current Image Submission Guidelines are annexed as Schedule A and are incorporated and made a part of this Agreement.

1.7 “Gross License Fee” is the actual license fee invoiced for the licensing of a Contributor’s image by Napolstockimage or by any representative on its behalf to a Third party. It shall not include any credit card processing fees, cancellations fees, credits, refunds, taxes, collection or legal fees.

1.8 “Model Release” is a signed statement from the person or persons depicted in the Image, giving consent to his or her likeness to be used for commercial purposes as described in the statement.

1.9 “Property Release” is a signed statement from the owner/s of property depicted in a stock photo, giving consent for the image depicting his or her property to be used for commercial purposes.

1.10 “Similar” means a photographic image in analogue or digital form that is substantially similar to an Accepted Image and which may reasonably cause an industry professional viewing that image to believe that it is the same or substantially the same image, whether in colour or black and white.

1.11 “Representative” means an entity authorized to enter into sub-licensing arrangement in respect of the Images on behalf of Napolstockimage.

1.12 “Third Party” means any third party other than the Contributor or Napolstockimage.

2. Submissions And Acceptance Of Images:

2.1 Contributor agrees to submit Images in accordance with the current Napolstockimage Image Submission Guidelines. Contributor acknowledges that Napolstockimage is entitled to change such guidelines upon written notice. The changed guidelines will be applicable on all submissions post the change, any submissions made prior to the change in the guidelines will not be affected by the changes.

2.2 Napolstockimage may accept or reject any Images submitted to it in its sole and absolute discretion. An Image will become an Accepted Image when Napolstockimage notifies the Contributor that it has been accepted into Napolstockimage files. Napolstockimage shall return unselected images within one month’s time after selection. Contributor acknowledges that over time some of the Accepted Images may become dated or found not be marketable. In this event, Napolstockimage has the sole right to determine when any Accepted Image is not marketable, and shall return the Image to the Contributor or destroy the file containing the Image, as Napolstockimage may deem fit.

2.3 Contributor agrees not to supply to any Third Party any Image that is a duplicate or Similar to any Contributor’s Accepted Images.

2.4 Contributor shall provide valid Property or Model Releases for all Accepted Images depicting recognizable People, Private Property, or as required by Napolstockimage.

2.5 Accepted Images at all times will be and shall remain the exclusive property of the Contributor and Contributor shall retain copyright on its Images. The Images shall not be considered assets of Napolstockimage during bankruptcy.

2.6 Napolstockimage. Shall advise licensees to include Contributor’s credit where appropriate along with the Accepted Images. Napolstockimage. Credit may be included to designate the source of the Image.

3. Grant Of License:

3.1 Subject to the terms of this Agreement, Contributor grants to Napolstockimage an exclusive worldwide license, with a right to grant sub-licenses, to use, publish, reproduce, distribute, transmit, publicly display, broadcast, exhibit, recast, digitally enhance or modify, the Accepted Images alone or in combination with any other material, in all formats or media now known or to be known in the future, for any purpose. Regardless of any modifications made by Napolstockimage, the copyright of the Accepted Images rests with the Contributor. Napolstockimage is specifically authorized to employ the services of Representatives, throughout the world in its licensing efforts and to permit them to exercise the same rights granted to Napolstockimage.

3.2 Contributor grants to Napolstockimage and its Representatives the right to use the Contributor’s name and Accepted Images to promote, advertise and market Napolstockimage business; and the Contributor agrees that no compensation or further consent is due for the use of Accepted Images in promotion of Napolstockimage business. Napolstockimage will endeavor to credit the Contributor wherever practicable.

3.3 The Contributor will not supply any other stock picture library with Similar of Accepted Images. Notwithstanding the above exclusive grant of rights to Napolstockimage., Contributor retains the right to (i) license the Accepted Images to third parties on a non-exclusive basis with no rights of sub-license at prices no less favorable than those determined by Napolstockimage for those Accepted Images pursuant to this Agreement or (ii) use his or her Accepted Images for (a) Self Promotional non-commercial use limited to direct mailing cards, source book advertisements, editorial articles or books solely relating to the contributors career, industry related advertisements, personal websites, compact discs and other digital media presentations; and (b) limited editions fine art prints. Contributor agrees to send Napolstockimage. Prior written notice on any such licenses granted to third parties or any self-promotional use of Accepted Images. Upon request from Napolstockimage, the Contributor agrees to furnish all details relating to the identity of the licensees and the licensing terms including pricing and categorization of the Accepted Images so licensed by the Contributor directly to third parties.

3.4 Contributor grants to Napolstockimage complete and sole discretion regarding the terms and conditions of licensing Accepted Images to Third Parties are including the pricing and categorization of the Accepted Images. Napolstockimage shall have complete and sole discretion as to delivery methods and distribution of the Accepted Images. Notwithstanding the foregoing, Napolstockimage acknowledges it has no right to license any transfer of copyright ownership or any license in excess of the rights granted herein.

3.5 Contributor grants Napolstockimage and its Representatives, the rights in its sole discretion to use the Accepted Images for their marketing and promotional use for which no payment shall be owed to the Contributor. Napolstockimage will endeavor to credit the Contributor wherever practicable.

3.6 Contributor grants Napolstockimage the exclusive right, at its expense, to determine in its sole and reasonable discretion, without obligation, if, and when, any legal action shall be pursued with regards to the Accepted Images, and to defend claims and counterclaims related to Accepted Images. Napolstockimage shall advise Contributor before filing any legal action on its behalf. Napolstockimage shall have complete discretion regarding the choice of its lawyer. Settlements shall be subject to the Contributor’s prior approval. Contributor agrees to cooperate with Napolstockimage, providing, if requested, all reasonable assistance to Napolstockimage. Contributor agrees to be named in and joined in as a party to any proceeding in connection with the prosecution or defense of any legal claim. The Contributor shall not hold Napolstockimage responsible for any misuse of Accepted Images.

4. Compensation

4.1 Napolstockimage shall remit to the Contributor a royalty of FIFTY PERCENT (50%) of the Gross License Fees invoiced and reported to Napolstockimage. for the licensing of Contributor’s Images by Third Parties and Representatives, less any taxes, or refunds. Napolstockimage shall pay the royalties payable to the Contributor within 30 days of receipt of the License Fees. In case of any Non-receipt of license fees by Napolstockimage, the Contributor will be informed of the same.

4.2 If Napolstockimage is required by any law, regulation, treaty or otherwise to deduct or withhold any tax, duty, foreign exchange loss, or levy of any nature from any sums due to the Contributor, Napolstockimage. Will have the right to deduct any such amount from the Contributor’s royalties. Contributor agrees to cooperate with Napolstockimage and promptly provide Napolstockimage. With documents or information regarding the Contributor’s identity, nationality, residence or tax status as may be needed to determine, reduce or eliminate any applicable withholding or other tax, duty, levy of any nature. If Napolstockimage deducts or withholds any amounts it shall on an annual basis, send any form required by law to the Contributor detailing the amounts so deducted or withheld for the applicable tax year.

4.3 In the event that a refund is made of a payment received or accrued from a Third Party, Napolstockimage is specifically authorized to deduct the Contributor’s share of any overpayment from any subsequent amount due to the Contributor.

4.4 The Contributor will be given payment in Indian Rupees. Each payment shall be accompanied by a statement that includes the following:

  • Gross License Fee
  • Contributor’s royalty
  • Image Identification
  • Country in which Image was licensed
  • Usage description of each sale if such information is available to Napolstockimage Withholding Tax if any
  • Deduction and refunds if any owed to Napolstockimage by the Contributor.

4.5 The Contributor shall receive FIFTY PERCENT (50%) of all amounts received as a result of a settlement or lawsuit in respect of any matter relating to the Accepted Images, after payment of all costs, expert witness fees, lawyer’s fees and other costs related to such action.

Our approximate price band; for contemporary images from INR. 15,000/- to 1,50,000/- and for Editorial Images–from INR. 500/- to 2,000/-.

To further strengthen our business partnership agreement, we provide you with a secret password, code number and consequently, require bank name, Bank account number, RTGS/NEFT IFSC Code Number, Swift Code Number from yourself so that 50% share money can be transferred to your account through ECS.

Napol Stock Image portal has taken utmost care to transfer share money in your account with the 30 day from the day, sale of image is transacted. The portal also made provisions for monthly statement to check your present available status.

Napolstockimage content including Text/Image/Graphics are copyrighted 2010-2020 by Napol Entertainment Pvt. Ltd. All rights reserved.