13tracks Magazine Contributor Agreement

This agreement is made between the contributor (the “Contributor”) and Kieron Faller (a business registered in the Netherlands with registration number KvK78041945) doing business as 13tracks (“13tracks”) relating to specific materials (the “Work”) for publication in the relevant issue of “13tracks” magazine (the “Magazine”) in return for 13tracks’s payment of a determined amount (the “Payment Amount”) to be published in the Magazine, and/or derivative works.

1. The Work

1.1. The Work must be acceptable in form and content to 13tracks, and submitted by the deadline for submissions as communicated to the Contributor by 13tracks. Contributor agrees:

1.1.1. to cooperate with 13tracks's revision procedures, and with 13tracks's editing process,

1.1.2. to provide information and photograph for a brief author's bio,

1.1.3. if 13tracks so requests, provide research materials needed for fact-checking, including but not limited to confirmation of the spelling of proper names, current contact information for all subjects and background sources, tapes and a typed transcript for in-depth interviews, and all source materials; (e.g. press releases, transcripts, correspondence, pages from Web sites or books), and provide an annotated manuscript giving references if used. Please note that payment will not be processed unless all requested materials are submitted.

2. AI Generated Works

2.1. Contributor hereby acknowledges and agrees that the Work submitted to 13tracks is original and created by Contributor, without the assistance or use of any artificial intelligence (AI) software or tools.

2.2. Contributor shall not submit, under any circumstances, any Work that has been generated, in whole or in part, by AI software, machine learning algorithms, or any other automated system that is capable of producing written content without human input after initial prompt or setting in motion.

2.3. Contributor understands and acknowledges that 13tracks reserves the right to employ AI detector software during the submission evaluation process. This software may be utilized to verify the authenticity and originality of the Work and to detect any indications of AI-generated material.

2.4. If 13tracks determines, based on the results of the AI detector software or through other means, that Contributor has knowingly submitted Work generated by AI software, 13tracks reserves the right to take one or more of the following actions:

2.4.1. Immediate rejection of the submission without further consideration;

2.4.2. Revocation of Contributor's submission privileges for a specified period or indefinitely; and/or

2.4.3. Forfeiture of any royalties, compensations, or payments earned by Contributor for the AI-generated submissions.

2.5. 13tracks may, at its discretion, recheck Work at any time, including after publication, to ensure compliance with the prohibition on AI-generated content. If AI-generated content is identified in a previously accepted and published Work, 13tracks reserves the right to take actions as described in Paragraph 2.4, including the removal of the Work and references to the Contributor from future publications and online platforms.

2.6. 13tracks shall provide Contributor with reasonable notice and an opportunity to respond and rectify the situation before taking any actions specified in Paragraph 2.4 or Paragraph 2.5. Contributor may be requested to provide additional evidence or explanations to refute the AI-generated content allegations.

2.7. Contributor further warrants and represents that they have not used AI software or any other automated systems to enhance, modify, or otherwise generate any portion of the Work. Contributor understands that violating this provision can lead to the consequences outlined in Paragraph 2.4 and Paragraph 2.5.

2.8. 13tracks shall maintain the confidentiality of the AI detector software results and treat them as proprietary information. The results shall only be used for the purpose of evaluating the authenticity and originality of the Work.

2.9. Contributor agrees to indemnify and hold harmless 13tracks, its editors, employees, and affiliates from any claims, demands, or liabilities arising out of or related to the submission of AI-generated content in violation of this agreement. Contributor shall bear full responsibility for any legal consequences resulting from such breach.

2.10. This prohibition on AI-generated content, the utilization of AI detector software, the consequences for knowingly submitting such content as part of a Work, and the potential for post-publication rechecking shall remain in effect for the entire duration of Contributor's engagement with 13tracks, including any subsequent publications or contributions.

3. Grant of Rights

3.1. Contributor grants to 13tracks for the full term of copyright and any renewals and extensions thereof the right to:

3.1.1. use, produce, distribute, publish, and sell the Work, or any portion thereof, throughout the World in all editions and derivations of the Magazine, in the English language, in all media, and to use the Work in the advertising, publicity, and promotion of the Magazine;

3.1.2. exercise such rights to the Work in whole or in part;

3.1.3. exercise the rights set forth in clause 3.1.1 exclusively, from the date of signing of this Agreement until one (1) year following initial publication of the Magazine in the English language, and thereafter shall be nonexclusive.

3.2. Initial Publishing Rights: First worldwide magazine, online, and periodical rights to publish the Work in the Magazine and ancillary promotion thereof. Such rights will be exclusive for an embargo period of one (1) year from the date of its initial publication in the Magazine (“Embargo Period”), and non-exclusive thereafter in perpetuity, in accordance with clause 3.2.1 below. These rights apply only in the English language, where the Work is word-based, and Contributor is free to arrange translation and publication in other languages if they wish. Where the Work is visual art, photography, or design, these rights apply worldwide, agnostic of language.

3.2.1. Reprint Rights: 13tracks shall also have the perpetual, worldwide rights, for no additional consideration except in the case specifically set forth at clause 3.3 herein, to publish, re-publish, use, re-use, distribute, disseminate, display and otherwise include the Work in all print and non-print 13tracks-branded re-issues, compilations and anthologies, including ancillary promotion of all the foregoing. Such rights will be exclusive during the Embargo Period and non-exclusive thereafter.

3.3. Publication by Contributor: During the Embargo Period, 13tracks will not unreasonably withhold its consent (which must be requested in writing) to Contributor's request to resell the Work in the English language in countries where 13tracks is not interested in publishing the Work. In the event that Contributor republishes the Work after the Embargo Period (or during such period as permitted by 13tracks), Contributor will be solely responsible for obtaining any clearances or permissions that may be necessary for any subjects depicted in the Work (including but not limited to persons or property). Contributor also agrees to notify 13tracks of any resale of the Work. Contributor agrees to require any stock house or agency representing Contributor's output, including the Work, to abide by these restrictions. Contributor agrees that 13tracks will receive suitable credit upon Contributor's exercise of the foregoing rights; however, failure of a subsequent publication to provide such credit will not be deemed a breach of the agreement, provided that Contributor can demonstrate that Contributor required credit at the time Contributor granted the rights.

3.4. All rights not specifically granted to 13tracks are reserved by the Contributor. Contributor shall acknowledge 13tracks as the publisher of the Work in any uses or reuses of the Work, and when possible, include a hypertext link to 13tracks with such acknowledgment.

4. Copyright

4.1. Contributor owns all copyright in and to the Work, and the Magazine shall identify the Contributor as owner of the Work in all editions of the Magazine. 13tracks will place a copyright notice in Contributor’s name in each and every copy of the published Work as follows: © [Name] [year of publication]

4.2. 13tracks owns all copyright to the Magazine as a compilation, and Contributor shall identify 13tracks as owner of the Magazine as follows: © 13tracks [year of publication]

5. Final Acceptance

5.1. Contributor understands that final acceptance of the Work is at the discretion of 13tracks and that 13tracks may request editorial revisions. If 13tracks determines that the Work warrants revision, 13tracks will provide reasonably detailed written suggestions for possible revisions. Contributor will then have ten (10) business days from receipt of such suggestions to deliver a revised and satisfactory Work to 13tracks. Contributor agrees to deliver to 13tracks one (1) digital copy of the revised Work as an electronic file submitted through a private channel utilizing the Google suite of applications (including, but not limited to Google Docs, Google Sheets, and Google Drive). If thereafter the Work is still not acceptable to 13tracks, 13tracks may elect to keep this Agreement in effect, or upon written notice to the Contributor, terminate this Agreement.

5.2. 13tracks may, at its discretion, extend Contributor’s time to deliver the revised Work for such period as 13tracks deems appropriate. Any extension of the delivery date must be communicated in writing by the 13tracks. In determining whether to grant such extension and/or the length thereof, 13tracks may consider such factors as 13tracks deems relevant, including without limitation, Contributor illness and the changing marketability of the Work and/or Magazine.

6. Payment

6.1. If 13tracks publishes the Work, 13tracks will pay Contributor the Payment Amount set forth in clause 6.3 of this agreement. Payment shall be made upon final acceptance of the Work and receipt by 13tracks of

6.1.1. all supporting documents requested under clauses 1 and 2 above,

6.1.2. all required accounting documents, and

6.1.3. a signed copy of the agreement.

6.2. Work Payout Fund: This fund shall comprise 100% of the relevant issue of the Magazine’s net receipts on all copies sold, after costs of printing, distribution and retail. Each issue of the Magazine shall have its own separate Work Payout Fund for the purposes of determining the Payment Amount.

6.3. Payment Amount: 13tracks shall pay the Contributor the following proportion of the Work Payout Fund for the issue of the Magazine in which their Work was published according to the following equation:

6.3.1. (1/[Total number of contributors to the issue of the Magazine + 1 [representing the share payable to the managing editor of the magazine]]) x [Work Payout Fund Total]

6.3.2. This amount shall be calculated twelve months after the the Magazine is published.

6.3.3. Payments under this clause may only be earned while 13tracks has exclusive license to distribute Work as described in clause 3. No payments will be earned while 13tracks has a nonexclusive license over Work.

6.4. Work Teams: If Contributor consists of more than one person or entity, the person signing this Agreement as Contributor will be the sole recipient of Payment Amount. It is the responsibility of the Contributor to negotiate rates and distribution policies among all of the persons or entities that together comprise Contributor.

6.5. Reserve Against Returns: During the first 2 accounting periods of sales, 13tracks has the right to retain a reasonable amount of the royalties earned by the Contributor as a reserve against the return of unsold copies of the Work, not to exceed 35% of amounts due. Thereafter, only actual returns will be deducted in calculating royalties.

6.6. Promotional Copies: 13tracks shall use a reasonable number of copies of the Magazine issue for review, advertising, sample, sales promotions, or for like purposes, and shall ensure these copies are clearly stamped or otherwise marked in a manner that identifies them as such.

7. Permissions

7.1. If Contributor includes third party material, including photos and copy, in the Work, Contributor will identify such third party material and will deliver written agreements required by 13tracks granting permission for use of all such third party material in exercising the rights granted herein. Contributor will make all payments due under such agreements.

7.2. If the Contributor fails to deliver the required permission agreements at the time of delivery of the revised Work, 13tracks shall have the right, but not the obligation, to obtain the same, and in such event the Contributor shall pay such third party costs upon receipt of an invoice from 13tracks.

8. Submission Editing

8.1. In exercising the rights granted hereunder, 13tracks shall have the right to adapt, crop, enhance, change, edit, add to, delete from, and otherwise revise, the Work and may publish and/or reproduce the Work in its original form or in a condensed, adapted, abridged or revised version.

9. Publication

9.1. 13tracks shall have the right to use the name, approved portrait, approved picture of, likeness of and approved biographical material concerning Contributor in and on the Magazine, including biographical material on the cover of the Magazine and the 13tracks websites, in the advertising, publicity and promotion thereof, and in connection with any rights granted hereunder and promotion of the Magazine. Upon request, Contributor shall furnish 13tracks, free of charge, high-resolution photographs of Contributor which 13tracks may use for such purposes without additional payment to or permission from any third party.

9.2. 13tracks may publish and authorize others to publish the Work for promotion of the Magazine, without compensation therefore.

10. Statements of Account

10.1. 13tracks must maintain complete and accurate books and records relating to its sales of the Magazine, and must furnish Contributor with a statement with each Payment Amount advice indicating the sales proceeds received by 13tracks during the period covered by the statement. These statements shall contain such data as:

10.1.1. the number of copies sold (and total sales to date);

10.1.2. the list price or gross net, as applicable;

10.1.3. rates and the gross amount of earnings per transaction, including any deep discounts;

10.1.4. the amount of reserves against returns withheld and how the amount previously withheld has been applied to Contributor’s account; and

10.1.5. the number of copies returned.

10.2. 13tracks shall prepare a statement of account twelve months after the initial date of publication, and shall send this statement, together with payment of the amount due, and regardless of whether there is a payment due, within 30 days following the end of the period. State, federal, and foreign taxes on Contributor’s earnings, when required by law to be withheld and paid by 13tracks, shall be proper charges against Contributor’s earnings hereunder. If Contributor has received any overpayment or is otherwise indebted to 13tracks under this Agreement, 13tracks may deduct the amount due from any sum due or to become due to Contributor under this agreement.

10.3. 13tracks shall only issue payments to Contributor if Payment Amount outstanding is greater than €20.

11. Warranties and Indemnities

11.1. Contributor represents and warrants to 13tracks that:

11.1.1. Contributor is the sole author of the Work and sole owner of the rights granted in this Agreement;

11.1.2. Contributor has the right to enter this Agreement;

11.1.3. the Work is original and has not been previously published; and

11.1.4. the Work does not contain any libelous material and is not in violation of any rights of privacy or any other rights of third persons, and does not infringe any copyright or any other proprietary or personal right.

11.2. Contributor will indemnify and hold harmless 13tracks for any loss, damage, expense (including reasonable defense costs), recovery or judgment that 13tracks may incur as a result of any claim made arising from any breach or claim of breach of a representation or warranty made by Contributor in this Agreement.

12. Contributor Copies

12.1. Upon first publication of the Magazine, 13tracks shall send Contributor one (1) free physical copy of the Magazine in which the Work appears to the postal address provided by the Contributor.

12.2. Contributor may purchase additional copies for personal use and for sales in connection with Contributor’s speaking engagements at the discounted rate of 120% of printing cost + shipping.

12.3. Contributor will be billed for these copies and payment shall be made prior to shipping unless Contributor’s payment account has sufficient unpaid balance so that these charges can be recouped from Contributor’s payment account. These transactions are non-refundable.

13. Infringement of the Work

13tracks agrees to use reasonable commercial efforts at its sole expense to enforce the copyright in the Work against online piracy, including, for instance, by using a service to locate infringing copies on the internet and to send takedown notices under any applicable copyright law. Contributor will use reasonable efforts to notify 13tracks if Contributor finds and identifies infringing copies on the internet. If the copyright of the Work is infringed in any manner, 13tracks shall consult with Contributor about proceeding with legal action; and if the parties agree to proceed, the expenses and recoveries, if any, shall be shared equally. If the parties agree not to proceed jointly, then either party shall have the right to prosecute such action individually, and such party shall bear the expenses thereof, and any recoveries shall belong to such party. Each party will notify the other of any infringements coming to its attention.

14. Contributor’s Property

13tracks shall not be responsible for loss or damage to any property of Contributor, unless such loss or destruction is caused by 13tracks’s own negligence or willful misconduct.

15. No Generative AI Training Use

For avoidance of doubt, Contributor reserves the rights, and 13tracks has no rights to, reproduce and/or otherwise use the Work in any manner for purposes of training artificial intelligence technologies to generate text or images, including without limitation, technologies that are capable of generating works in the same style or genre as the Work, unless 13tracks obtains Contributors specific and express permission to do so. Nor does 13tracks have the right to sublicense others to reproduce and/or otherwise use the Work in any manner for purposes of training artificial intelligence technologies to generate text without Contributor’s specific and express permission.

16. Contractor Relationship

Nothing herein shall act or be deemed to create a joint venture or partnership between Contributor and 13tracks and in the performance of Contributor's obligations hereunder Contributor shall act solely as an independent contractor of 13tracks. As an independent contractor, Contributor will not be an employee of 13tracks and will not be entitled to any benefits of staff membership, such as regular salary, health or vacation benefits. Contributor will not be treated by 13tracks as an employee for any purpose, which means we will not withhold for federal or state taxes, social security or disability insurance, nor make unemployment contributions for Contributor. Contributor will be personally and solely responsible, with respect to the agreement, for payment of any such taxes, and for any other statutory fees required of self-employed persons.

17. 13tracks’s Trademarks

Nothing in this Agreement shall give Contributor any right in or to any trademark, trade name, logo, imprint or other identification now or hereafter used by 13tracks.

18. Insolvency

If 13tracks becomes insolvent or fails to pay its debts as they become due, or if it makes an assignment of its assets for the benefit of its creditors or otherwise liquidates its business, this Agreement shall terminate immediately, and all rights granted to 13tracks shall automatically revert to Contributor, subject to the terms of this Agreement.

19. Confidential Information

Contributor agrees that Contributor will not disclose to any third party in any media any information Contributor may learn about upcoming issues of the Magazine or Works to be included in an issue of the Magazine (including the Work that is the subject of the agreement, other than as necessary with sources to facilitate Contributor's creation of the Work), promotions, or events planned by 13tracks, or the individualized terms of the agreement.

20. Governing Law

20.1. This Agreement shall be governed by the laws of England and Wales.

20.2. All references to copyright in this Agreement will reflect any amendment made during the term of this Agreement in the copyright laws of any country.

21. Successors and Assigns

This Agreement will bind and will insure to the benefit of the heirs, executors, or administrators and assigns of Contributor and the successors and assigns of 13tracks. This Agreement may not be assigned by either party without the written consent of the other, with the following exception: 13tracks may assign this Agreement to any company that acquires or succeeds to all or a substantial portion of the assets of 13tracks relating specifically to the Magazine activities thereof.

22. Copies

This Agreement will be binding on the Contributor and 13tracks through facsimile, scanned signatures, or upon submission through online forms. Reproductions of this Agreement shall serve as originals.

23. Headings

The caption headings of this Agreement are inserted for convenience only and are not deemed part of the Agreement.

24. Entire Agreement

This Agreement contains the entire understanding of the Contributor and 13tracks with reference to the Work. No waiver or modification of any provision of this Agreement shall be valid unless in writing and signed by both parties.

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