Magazine Contributor Agreement

Last Updated: 04/17/2023

By submitting copy, photos, and/or videos to Magazine, Contributor agrees to the terms of this agreement.

Download a PDF copy of the agreement here

AGREEMENT made between the content creator (the “Contributor”) and WereRabbit Press LLC dba WereRabbit Press (“WereRabbit”) with specific materials (the “Article”) for publication in Warren Magazine (the “Magazine”) in return for WereRabbit’s payment of a determined amount (the “Payment Amount”) to be published in the Magazine, online, and/or derivative works.

1. The Article
1. The Article must be acceptable in form and content to WereRabbit, and submitted by the Due Date. Contributor agrees:
1. to cooperate with WereRabbit's revision procedures, and, if the Article is accepted for publication, with WereRabbit's editing process, 
2. to provide information for a brief author's bio, 
3. if WereRabbit 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 
4. provide an annotated manuscript giving references if used. Please note that payment will not be processed unless all requested backup is submitted.
   
   
2. AI Generated Articles
1. Contributor hereby acknowledges and agrees that all materials submitted to WereRabbit are original and created by Contributor, without the assistance or use of any artificial intelligence (AI) software or tools.
2. Contributor shall not submit, under any circumstances, any material 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
1. Descriptive prompts shall not be used to describe “human input”.
3. Contributor understands and acknowledges that WereRabbit 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 submitted content and to detect any indications of AI-generated material.
4. If WereRabbit determines, based on the results of the AI detector software or through other means, that Contributor has knowingly submitted content generated by AI software, WereRabbit reserves the right to take the following actions:
1. Immediate rejection of the submission without further consideration.
2. Revocation of Contributor's submission privileges for a specified period or indefinitely.
3. Forfeiture of any royalties, compensations, or payments earned by Contributor for the AI-generated submissions.
5. WereRabbit may, at its discretion, recheck submissions 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, WereRabbit reserves the right to take actions as described in Paragraph 2(d), including the removal of the content from future publications and online platforms.
6. WereRabbit shall provide Contributor with reasonable notice and an opportunity to respond and rectify the situation before taking any actions specified in Paragraph 2(d) or Paragraph 2(e). Contributor may be requested to provide additional evidence or explanations to refute the AI-generated content allegations.
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 Article. Contributor understands that violating this provision can lead to the consequences outlined in Paragraph 2(d) and Paragraph 2(e).
8. WereRabbit  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 submitted content.
9. Contributor agrees to indemnify and hold harmless WereRabbit , 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.
10. This prohibition on AI-generated content, the utilization of AI detector software, the consequences for knowingly submitting such content, and the potential for post-publication rechecking shall remain in effect for the entire duration of Contributor's engagement with WereRabbit , including any subsequent publications or contributions.
    
    
3. Grant of Rights
1. Contributor grants to WereRabbit for the full term of copyright and any renewals and extensions thereof the right to:
1. use, produce, distribute, license, publish, and sell the Article, or any portion thereof, throughout the World in all editions and derivations of the Magazine, in all languages, in all media, and to use the Article in the advertising, publicity, and promotion of the Magazine;
2. exercise such rights to the Article in whole or in part;
3. exercise the rights set forth in Paragraph 1(a) shall be exclusive from the date of signing of this Agreement until one (1) year following initial publication of the Magazine in the English language in the United States, and thereafter shall be nonexclusive;
4. translate into Languages other than English, if any; and
5. sublicense any of the rights which may be granted to WereRabbit herein pursuant to the terms of Section 10 (Sublicenses) of this Agreement.
2. “Formats” shall mean:
1. physical book form, including hardcover and paperback book form, including without limitation;  
2. print-on-demand, provided the quality is equivalent to standard traditional hard-cover or paperback book form, or as packaged as a part of an anthology containing similar Articles;
3. electronic book (ebook) form, provided that WereRabbit will not include any material other than that delivered by Contributor as part of the Article, including any visual and audio enhancements, without Contributor’s prior written approval and agreement on the final product and contents thereof; and
4. audiobook, including the right to create an abridged version thereof, subject to Contributor’s prior written approval of the final script thereof. Contributor shall be given the opportunity to read the audiobook for an additional fee; and, if not selected, shall have the right to approve the choice of narrator.
3. Option to Kill or Re-Assign: WereRabbit may choose to publish Articles submitted by Contributor for up to one (1) year following the submission date. If the Article is not accepted for publication in the Magazine, WereRabbit shall have the option to reassign the Article to Magazine international editions or to international magazines with whom WereRabbit has a reciprocal content-sharing relationship (“WereRabbit Partner Magazines”) (print and non-print versions). If the Article is re-assigned, Contributor will receive payment equal to the Payment Amount. If the Article is not accepted for publication or reassignment, WereRabbit will not pay Contributor a “kill fee.” Furthermore, nothing in the agreement will obligate WereRabbit to actually publish the Article, even if it has been accepted for publication.
4. Initial Publishing Rights: First worldwide magazine, online, and periodical rights to publish the Article in the Magazine and ancillary promotion thereof. Such rights will be exclusive for an embargo period of one year from the publication date of its initial publication in the U.S. edition of the Magazine, and non-exclusive thereafter in perpetuity, in accordance with Paragraph 2(g)(i) below. 
1. Reprint Rights: WereRabbit and its licensees shall also have the perpetual, worldwide rights, for no additional consideration except in the case specifically set forth at Paragraph 2(e) herein, to publish, re-publish, use, re-use, distribute, disseminate, display and otherwise include the Article in all print and non-print WereRabbit-branded or WereRabbit Partner-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.
5. International Edition Publishing: Outside North America, WereRabbit shall have exclusive rights to authorize magazine publication in international editions of the Magazine or WereRabbit Partner Magazines (print and non-print versions) for a period of 2 years. If WereRabbit exercises such rights, Contributor will receive a one-time additional fee equal to twenty percent (20%) of the total Payment Amount earned as payment for all international editions in the aggregate in which the Article appears, payable upon initial publication of the Article in the first such international edition (except if the Payment Amount was paid for international publication following reassignment pursuant to Paragraph 3 above, in which case such additional fee will be payable upon publication of the second international edition).
6. Publication by Contributor: During the embargo period of exclusivity, WereRabbit will not unreasonably withhold its consent (which must be granted in writing) to Contributor's request to resell the Article in countries where WereRabbit is not interested in republishing the Article. In the event that Contributor republishs the Article after the embargo period (or during such period as permitted by WereRabbit), Contributor will be solely responsible for obtaining any clearances or permissions that may be necessary for any subjects depicted in the Article (including but not limited to persons or property). Contributor also agrees to notify WereRabbit of any resale of the Article. Contributor agree to require any stock house or agency representing Contributor's Article to abide by these restrictions. Contributor agrees that WereRabbit 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.
7. All rights not specifically granted to WereRabbit are reserved by the Contributor. Contributor shall acknowledge WereRabbit as the publisher of the Article in any uses or reuses of the Article, and when possible, include a hypertext link to WereRabbit with such acknowledgment.
   
   
4. Copyright
1. Contributor owns all copyright in and to the Article, and the Magazine shall identify the Contributor as owner of the Article in all editions of the Magazine. WereRabbit will, and will cause each of its sublicensees, to place a copyright notice in Contributor’s name in each and every copy of the published Article as follows: © [Name] [year of publication]
2. WereRabbit owns all copyright to the Magazine as a compilation, and Contributor shall identify WereRabbit as owner of the Magazine as follows:   © WereRabbit Press [year of publication]
   
   
5. Final Acceptance
1. Contributor understands that final acceptance of the Article is at the discretion of WereRabbit and that WereRabbit may request editorial revisions. If WereRabbit determines that the Article warrants revision, WereRabbit 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 Article to WereRabbit. Contributor agrees to deliver to WereRabbit one (1) digital copy of the revised Article 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 Article is still not acceptable to WereRabbit, WereRabbit may elect to keep this Agreement in effect, or upon written notice to the Contributor, terminate this Agreement. 
2. WereRabbit may, at its discretion, extend Contributor’s time to deliver the revised Article for such period as WereRabbit deems appropriate. Any extension of the delivery date must be in writing signed by the WereRabbit. In determining whether to grant such extension and/or the length thereof, WereRabbit may consider such factors as WereRabbit deems relevant, including without limitation, Contributor illness and the changing marketability of the Article and/or Magazine.
   
   
6. Payment
1. If WereRabbit accepts the Article, WereRabbit will pay Contributor the Payment Amount set forth in the agreement. If the Payment Amount expressly and explicitly provides, WereRabbit will also reimburse Contributor for Contributor's reasonable out of pocket expenses incurred in connection with the Article, provided that all expenses have previously been approved by WereRabbit and Contributor submit documentation of Contributor's expenses as WereRabbit reasonably requires. Payment shall be made upon final acceptance of the Article and receipt by WereRabbit of
1. all supporting documents requested under Paragraph 1 and Paragraph 2 above, 
2. all required accounting documents (e.g. IRS Form W-9, or W-8 Ben-E), and 
3. a signed copy of the agreement.
2. Article Payout Fund: This fund shall comprise up to 50% of Magazine’s net receipts on all copies sold, less actual returns. Each Magazine shall have its own unique Article Payout Fund for the purposes of determining the Payout Amount.
3. Payment Amount: WereRabbit shall pay the Contributor royalties on each copy of the verbatim text according to the following equation:
1. [Total number of published words in the Article submitted by Contributor] ÷ [Total number of published words from all Contributors’ Articles (including comparable Articles created by Magazine’s Editorial team) appearing in the Magazine] x [Article Payout Fund Total]
2. This amount shall be calculated 30 days after the last day of the month the Magazine is published.
3. This amount shall be calculated again every 30 days thereafter.
4. This amount shall not exceed $500 per Magazine over the life of this Agreement.
5. Royalties may only be earned while WereRabbit has exclusive license to distribute Article as described in Paragraph 3(a) and Paragraph 3(b). No royalties will be earned while WereRabbit has a nonexclusive license over Article.
4. Writing Teams: If Contributor consists of more than one person or entity, the person signing this Agreement as the Contributor will be the sole recipient of Payment Amount. It is the responsibility of the Contributor to negotiate rates and distribution policies with additional Contributors. 
5. Reserve Against Returns: During the first 4 accounting periods of sales, WereRabbit 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 Article, not to exceed 35% of amounts due. Thereafter, only actual returns will be deducted in calculating royalties. No reserves may be taken for electronic copies sold, namely ebooks and electronic audiobooks.
6. Non-Royalty Copies: No royalties shall be paid on a reasonable number of copies given away for review, advertising, sample, sales promotions, or for like purposes, provided that the copies are clearly stamped or otherwise marked in a manner that identifies them as such. In addition, no royalties shall be paid on short portions of the Article (no more than 10%) appearing as previews in other books published by WereRabbit or on short portions of the Article used or licensed for advertising on publicity without compensation.
   
   
7. Permissions
1. If Contributor includes third party material, including photos and copy, in the Article, Contributor will identify such third party material and will deliver written agreements required by WereRabbit 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.
2. If the Contributor fails to deliver the required permission agreements at the time of delivery of the revised Article, WereRabbit 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 WereRabbit.
   
   
8. Submission Editing
1. In exercising the rights granted hereunder, WereRabbit shall have the right to adapt, crop, enhance, change, edit, add to, delete from, and otherwise revise, the Article and may publish and/or reproduce the Article in its original form or in a condensed, adapted, abridged or revised version.
   
   
9. Publication
1. WereRabbit 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 WereRabbit 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 WereRabbit, free of charge, high-resolution photographs of Contributor which WereRabbit may use for such purposes without additional payment to or permission from any third party.
2. WereRabbit may publish and authorize others to publish the Article for promotion of the Magazine, without compensation therefore.
   
   
10. Sublicenses
1. Pass-Through of WereRabbit’s Obligations: WereRabbit agrees to pass through all applicable obligations and agreements under this Agreement to any third party to whom WereRabbit issues a sublicense of any rights granted hereunder. WereRabbit will provide Contributor with copies of all sublicenses in excess of $500 granted by the WereRabbit to third parties promptly after execution.
   
   
11. Statements of Account
1. WereRabbit must maintain complete and accurate books and records relating to its sales of the Article, as well as any licenses it has entered into with respect to the Article, and must furnish Contributor with a statement with each royalty payment indicating the sales proceeds received by WereRabbit during the period covered by the statement. These statements shall contain such data as:
1. the number of copies sold (and total sales to date), with a separate line for each Format;
2. the list price or gross net, as applicable;
3. the royalty rate and the gross amount of royalties per transaction, including any deep discounts;
4. the amount of reserves against returns withheld and how the amount previously withheld has been applied to Contributor’s royalty account
5. the number of copies returned; and
6. the gross amount received pursuant to each license granted by WereRabbit.
2. WereRabbit shall prepare a statement of account monthly, in accordance with its regular accounting practices for all one-month periods during the term of this agreement, and shall send these statements, 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. Contributor’s share of amounts received from the disposition of licenses granted under this Agreement shall be computed after deduction of any foreign taxes withheld and bank charges. State, federal, and foreign taxes on Contributor’s earnings, when required by law to be withheld and paid by WereRabbit, shall be proper charges against Contributor’s earnings hereunder. If Contributor has received any overpayment or is otherwise indebted to WereRabbit under this Agreement, WereRabbit may deduct the amount due from any sum due or to become due to Author under this agreement; however, in no event shall an unearned advance be considered an overpayment.
3. WereRabbit shall only issue royalty payments to Contributor if:
1. Royalty payment is greater than $20; or
2. No payment was issued for the previous period wherein a royalty payment was due.
4. At no time shall WereRabbit withhold more than 50% a royalty payment beyond state, federal, and foreign taxes.
   
   
12. Warranties and Indemnities
1. Contributor represents and warrants to WereRabbit that:
1. Contributor is the sole author of the Article and sole owner of the rights granted in this Agreement;
2. Contributor has the right to enter this Agreement;
3. the Article is original and has not been previously published; and
4. the Article 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. 
2. Contributor will indemnify and hold harmless WereRabbit for any loss, damage, expense (including reasonable defense costs), recovery or judgment that WereRabbit 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.
   
   
13. Contributor Copies
1. Upon first publication of the Magazine, WereRabbit shall send Contributor one (1) free digital copy of the periodical in an electronic (for e.g., PDF or Word) format in which the Article appears to the e-mail address provided by the Contributor.
2. Contributor may purchase additional copies for personal use and for sales in connection with Contributor’s speaking engagements at:
1. Print copies: printing cost + 10% + shipping;
2. Digital copies: 75% discount from retail/cover price.
3. Contributor will be billed for these copies and payment shall be made prior to shipping unless Contributor’s royalty account has sufficient excess royalties accrued so that these charges can be recouped from Contributor’s royalty account. These transactions are non-refundable.
   
   
14. Infringement of the Article
1. WereRabbit 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 Section 512 of the Copyright Act. Contributor will use reasonable efforts to notify WereRabbit if Contributor finds and identifies infringing copies on the internet. If the copyright of the Work is infringed in any manner, WereRabbit 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.
   
   
15. Contributor’s Property
1. WereRabbit shall not be responsible for loss or damage to any property of Contributor, unless such loss or destruction is caused by WereRabbit’s own negligence or willful misconduct.
   
   
16. No Generative AI Training Use
    For avoidance of doubt, Contributor reserves the rights, and WereRabbit has no rights to, reproduce and/or otherwise use the Article 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 Article, unless WereRabbit obtains Contributors specific and express permission to do so. Nor does WereRabbit have the right to sublicense others to reproduce and/or otherwise use the Article in any manner for purposes of training artificial intelligence technologies to generate text without Contributor’s specific and express permission.
    
    
17. Advertising
1. Advertising may appear in Magazine’s publications including the Article.
2. Subject to Subsection 17(a) above, WereRabbit may place or authorize third parties to place advertising in association with the electronic display of pages or excerpts from the Article (including, without limitation, online search and discovery programs such as Google Book Search and Amazon's Search Inside the Book) and other delivery of the Article in digital formats. However, WereRabbit will, to the extent possible, disable or disallow such advertising upon Contributor’s written request (including email).  If WereRabbit receives any revenue from advertising, such revenue shall belong exclusively to the WereRabbit.
   
   
18. Contractor Relationship
1. Nothing herein shall act or be deemed to create a joint venture or partnership between Contributor and WereRabbit and in the performance of Contributor's obligations hereunder Contributor shall act solely as an independent contractor of WereRabbit. As an independent contractor, Contributor will not be an employee of WereRabbit 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 WereRabbit 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.

1. WereRabbit’s Trademarks
1. 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 WereRabbit.
   
   
   
2. Insolvency
1. If WereRabbit 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 WereRabbit shall automatically revert to Contributor, subject to the terms of this Agreement.
   
   
3. Confidential Information
1. Contributor agrees that Contributor will not disclose to any third party in any media any information Contributor may learn about upcoming articles (including the article that is the subject of the agreement, other than as necessary with sources to facilitate Contributor's reporting), promotions, or events planned by WereRabbit, or the individualized terms of the agreement.
   
   
4. Governing Law
1. Regardless of the place of its actual execution and performance, this Agreement shall be treated as though executed within the State of Texas and shall be governed by Texas laws, exclusive of its conflict of laws provisions. Any action or proceeding regarding this Agreement or the Work shall be brought solely in the Texas courts (state or federal) in Tarrant County.
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.
   
   
5. Successors and Assigns
1. 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 WereRabbit. This Agreement may not be assigned by either party without the written consent of the other, with the following exception: WereRabbit may assign this Agreement to any company that acquires or succeeds to all or a substantial portion of the assets of WereRabbit or an imprint of Magazine.
   
   
6. Copies
1. This Agreement will be binding on the Contributor and WereRabbit through facsimile, scanned signatures, or upon submission through online forms. Reproductions of this Agreement shall serve as originals.
   
   
7. Headings
1. The caption headings of this Agreement are inserted for convenience only and are not deemed part of the Agreement.
   
   
8. Entire Agreement
1. This Agreement contains the entire understanding of the Contributor and WereRabbit with reference to the Article. No waiver or modification of any provision of this Agreement shall be valid unless in writing and signed by both parties.