123RF.COM Photo Contributor Agreement

THIS IS A LEGAL AGREEMENT BETWEEN PHOTO CONTRIBUTORS AND 123RF® LIMITED (hereafter called “123RF®”). THIS AGREEMENT APPLIES TO ALL CONTENT CONTRIBUTORS WHO SUPPLY CONTENT TO 123RF.COM.

1. Definitions

   1. Content means digital assets in the form of images, photographs and illustrations

   2. Content Contributor means any individual that have accepted this Agreement, has successfully cleared the ID verification process as per Paragraph 2 and has been approved by 123RF® to upload content to 123RF.COM's servers.

   3. Commissions mean payment due to the Content Contributor from sub licensing the Content uploaded and owned by the Content Contributor according to the currently approved Commission Structure.

   4. Model Release is a document that stipulates the terms under which one party may use pictures taken of another party.

   5. Property Release is a document that stipulates the terms under which one party may use pictures taken of another party's property.

   6. MoneyBookers (www.moneybookers.com) is an online tool that allows anyone to safely send and receive money via email using credit/debit card and banking accounts.

   7. PayPal (www.paypal.com) is an account-based system that lets anyone with an email address securely send and receive online payments using their credit card or bank account.

   8. Payment – see commissions.

   9. Payout – see commissions.

2. Contributor's Identification

   1. As a photo contributor to 123RF®, you are required to submit a valid means of identification to 123RF® during account creation.

   2. Acceptable means of identification are as follows:

      1. Government Issued Travel Passport

      2. Government Issued Identity Card

      3. Government Issues Driver's License

   3. Proof of Identification can be sent via uploading scanned pages of the Government Issued documents as per clause 2.2 above.

   4. 123RF® reserves the right to NOT:

      1. Process payments of Contributors that are eligible until valid identification is provided.

      2. Start or Continue to Review and Approve photo contributions by the Photo Contributor until valid identification is provided.

   5. Disclosure of Identification

      1. 123RF® will not rent, sell, or share personal information about you with other parties or non affiliated companies.

      2. 123RF® reserves the right to disclose your personal information if required to do so by law, or in the good faith, in the belief that such action is reasonably necessary to comply with legal processes, respond to claims, or protect the rights, property or safety of our organization, employees, customers, or the public.

   6. Privacy and Security of Personal Information

      1. 123RF® will accept personal identification documents only by secure upload process from within the 123RF.com website.

      2. 123RF® will take all necessary and reasonable security measures and precautionary protocols to ensure that all Contributor's documents pertaining used to verify the identity of the Contributor remains undisclosed from unauthorized third parties.

3. Model Releases

   1. As a photo contributor, you agree to provide valid accurate Model and/or Property releases for every photo you upload that contains an identifiable face or identifiable human.

   2. 123RF® will not accept images with identifiable faces that do not have proper releases.

   3. You are solely responsible for maintaining complete and accurate model release records and providing those model releases to us with submitted photos.

   4. Contributors who submit false or incorrect model releases risk their account being terminated and legal action by our clients should any issue arise due to the invalid releases.

   5. 123RF® reserves the right to verify and provide documentation regarding model and property releases to valid customers who request services to verify the existence of such releases. In such an event, 123RF® shall ensure that the personal information of the model(s) shall be kept private and undisclosed.

4. Right of Refusal of Photographer's Content

   1. 123RF® reserves the right to refuse to accept any photographs for any reason.

   2. 123RF® also reserves the right to deny any account for any reason including fraudulent downloads, obscene materials and material that depicts any person in an unfavorable light.

5. Right of Removal of Photographer's Content

   1. 123RF® reserves the right to remove a photo for any reason whatsoever.

   2. This includes, but is not limited to, photos that we decide are not appropriate to 123RF.COM, photos that we believe have not been accompanied by a proper model or property release, and content that we deem unsuitable for 123RF.COM.

6. Contributor's Payment

   1. 123RF® pays its Contributors based on the total license sales of downloaded images that belong to Contributors and on the total revenue in a particular month (50%).

   2. Your account will be updated in real time for each of your photos downloaded by a paid subscriber but the total amount payable will only be shown latest by the 15^th of every month.

   3. 123RF® shall process all qualified payments by the 15^th of every month.

   4. Qualified Payments and accompanying statements will be sent out on monthly basis. Payments are automatic and do not need to be requested.

   5. Minimum Payout Rates

      1. PayPal

         The minimum payout is $50.

      2. MoneyBookers

         The minimum payout is $100.

      3. Checks

         The minimum payout is $200.
         
         If during a pay period, you have not accumulated the minimum payout rates as per above, your earnings will be brought forward to the next pay period. By default the system will set your payment preferences to Check and it shall be delivered to the address as saved in your profile. If you wish to receive payments via PayPal or MoneyBookers, you are required to edit these settings in your profile after signing in or during initial account registration.

   6. Account Cancellations and Sums Remaining
      If you cancel your account before you reach your minimum payout, the amount will be forfeited.

   7. All payments are made 2 weeks in arrears to the month in which your payment limit is reached. Example, by end of February you have $100 worth of commissions, 123RF® will pay you $100 latest by the 3^rd week of March.

   8. Pay periods are scheduled on the 3^rd of each month. 123RF® reserves the right to modify the commission rate and/or payment processing and/or payment delivery schedule at any time and notify you by email of the change.

   9. Payments via checks will take up to a month for the processing and subsequent delivery to qualified contributors.

   10. Customer Refunds and Adjustments

       1. Downloads resulting from credit card chargeback and customer refunds will be removed from Contributor's earnings.

       2. Refunds are only given after signed documents are returned to 123RF by the subscriber indicating that they will destroy any downloaded photos from 123RF.COM and will not use the photos.

7. Fraudulent Downloads & Violations

   1. You may not sign up for a 123RF.COM subscription and download your own photos.

   2. You - or anybody in your immediate or extended family - may not download your photos for your profit.

   3. The Contributor will forfeit all earnings if the Contributor is found to be inflating downloads or abusing the system.

   4. If a Contributor's account is terminated for any reason - they must obtain 123RF's permission to signup for another account.

   5. Further violation will result in the permanent lifetime ban of the Contributor.

8. Non-Exclusivity and Exclusivity

   1. Photos are submitted on a non-exclusive basis - you may submit your photos to other websites and stock photo houses.

   2. An exclusive agreement may be arranged for a better commission.

   3. However you may continue to sell your images with other companies except the images which you select for exclusivity with 123RF if such an arrangement exists.

9. Indemnity

   1. 123RF® reserves the right to modify these terms at any time and to notify you by email of the modifications.

   2. 123RF® will not be liable for any damages, including actual, indirect, special, or consequential damages arising from the submission or use of your photographs.

10. Copyrights and Warranty

    1. You agree to follow and adhere to 123RF®'s Photo Submission Guidelines (details inside Photographer's Submission area). Repeated submissions of content that do not meet the requirements and specifications as stated in the Photo Submission Guidelines may result in account termination.

    2. You warrant that you are 18 years of age or over and have the legal capacity to enter accept this agreement. By using this site, and/or registering for an account, you warrant that you are 18 years of age or older.

    3. The copyrights to the photos belong to the respective photographer/Contributor - we are merely providing a platform to market and sell them for you.

    4. You warrant that you shall be responsible for any income and all tax declarations as required in your country of residence. 123RF® shall not be held responsible for any tax issues pertaining to commissions paid out to you.

11. Jurisdiction

    1. This Agreement constitutes the entire agreement between You and 123RF regarding its subject matter. Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties' intentions. Failure by 123RF® to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. The interpretation and enforcement of this Agreement shall be governed according to international treaty provisions and other applicable laws.

    2. This Agreement was originally composed in English and was subsequently translated into other languages. The fidelity of subsequent translations cannot be guaranteed. In case of conflict between the English version and another language version, the English version takes precedence.

12. Grant of Authority

    1. You hereby appoint 123RF as a non-exclusive Distributor to license your Content to third parties within 123RF's scope of business.

    2. You grant 123RF the right to use, re-use, reproduce, distribute, publish, republish, upload, post, transmit, print, crop, package and publicly display Content to prospective licensee's in whatever marketing media or promotional channel it deems fit.

13. By signing up for a Photographer's Contributors account the Contributor acknowledges to have read the Agreement, have understood it, had the opportunity to and have sought prior legal advice and agree to abide by and be bound by the Terms and Conditions as set forth in this Agreement.