These Terms and Conditions for the Supply of Contributions to DNTV Digital, including any documents herein referred to (together “Agreement”), shall:

a) apply to all freelance Contributions provided by you to DNTV Digital (“DNTV”, “we”, “us”), which party for the purposes of this Agreement shall include authorized commissioning agents acting for and on behalf of DNTV Digital (“agents”), for use, publication and transmission in the Licensed Products; and

b) shall prevail over any other terms and conditions, whether written or oral, unless otherwise agreed in writing between you and DNTV Digital.

Please read these terms carefully. You shall be legally bound by these terms when you agree to supply to DNTV Digital content that is covered within their scope. You are advised to print off and keep a paper copy of these terms.

Variation of terms

We accept that the standard terms we seek in freelance Contributions may not always be appropriate, for example, if a Contribution has been previously published elsewhere or you have syndication arrangements that potentially conflict with our own. For the purposes of clarity to both parties, any variation of our terms must be agreed prior to publication and shall be subject to the approval of the Managing Editor or his/her nominees.

Please note there is no obligation for freelances to accept our standard terms and conditions nor for us to accept Contributions other than on our standard terms and conditions.

If you wish to discuss a variation of the terms and conditions or you have any other queries, please contact our Freelance Department (freelance@dntv.com. For commissions agreed with agents, please speak in the first instance to the agent.

Commissions

At the time of commissioning or ordering in your Contribution, you and the relevant editor should agree terms, including the fee to be paid (it is acknowledged that not all content suppliers shall seek a fee for Contributions), the deadline and the rights acquired. You should also agree on the main points to be covered in your Contribution, and any special requirements.

A verbal agreement to commission or delivers content is sufficient. We will confirm the terms in writing either by email or by letter. Our written confirmation will contain a unique reference number or project code which you should include with your Contribution (see Delivery of contributions below) and on all correspondence and invoices (where these are required – see Payment below).

Rejection of Commissioned Contributions

If a Commissioned Contribution is rejected you should be told quickly: within two weeks for features, or the same day for news items. If you do not hear anything, feel free to ask. Editors should not delay unreasonably or deny you the chance to offer an unwanted Commissioned Contribution elsewhere.

Where a fee was agreed, we shall pay this in full for a Commissioned Contribution that is not used, except where it fails substantially to meet the requirements agreed at the time it was commissioned. The spike fee for a Commissioned Contribution we reject usually will be not less than 50% of the agreed commission fee.

Please note that unless otherwise agreed we reserve all of the rights set out in our standard Copyright terms below in spiked Commissioned Contributions.

Fees

(a) are quoted in DNTV Digital;

(b) shall apply to all Licensed Products unless you were commissioned on a no-fee basis; and

(c) are subject to variations that may be applied by our editorial office.

(d) Fees varies based on commissioned content. Please refer to DNTV Digital’s current fees schedule as outlined in your agreement.

Payment

For details of DNTV Digital’s terms of payment to contributors and content suppliers, refer to your agreement.

Copyright terms

1. Click here for Standard terms for written Contributions

2. Click here for Standard terms for picture, illustration and artwork Contributions

3. Click here for Standard terms for audio, video and audiovisual Contributions

Notwithstanding these provisions, DNTV Digital endeavors to assert on behalf of its contributors their right to be identified as the author of their Contribution:

Pictures: Authors will be credited as: “PHOTOGRAPHER NAME | FOR DELAWARE NEWSLINE

Videos: Unless otherwise agreed, contributors shall be credited in the credits section of the relevant video page.

Definitions:

“Commissioned Contribution” means material created by you on the basis of a commission from us for transmission, publication or licensing by us. For the avoidance of doubt, in relation to pictures and video “Commissioned Contribution” includes the whole shoot and all negatives, transparencies, digital pictures, unused footage and other original material produced by the contributor during and/or as a result of the shoot.

“Contribution” means material contributed to us – whether as a Commissioned Contribution or otherwise ordered in by or offered to us for publication, transmission or licensing by us. Contributions may appear in whole or in part in any size in any part of the Licensed Products in all sections, thereof and supplements thereto including special or sponsored supplements without limitation on pages, in galleries, individually or in sequence, in color or in black and white.

“DNTV Digital Network” means our digital network accessed via browsers and/or apps or any other means on any device or equipment including but not limited to desktop computers, PDAs, mobile phones and tablet devices and any other connected devices, and incorporating www.delawarenewsline.com or any affiliate or successor websites, digital/IPTV television, RSS feeds, DNTV Digital social media presences, and any other website, app, digital product, network or channel bearing our trademarks or brands.

“Licensed Products” means the following publications and products in their various languages made available by us on a free-to-consumer or charged for basis: in all digital formats (including but not limited to electronic, audio, audiovisual and digital products) of DNTV Digital.

In the case of Contributions commissioned or ordered in by DNTV Digital or their appointed agents on a “Supported by” or “Paid content/paid for by” basis (as more fully detailed here), Licensed Products may include but not be limited to sponsored supplements, advertorials, branded print or website sections, microsites and interactives published by DNTV Digital, and in furtherance of the advertiser’s or funder’s campaign all media wholly-owned by or bearing the trademarks or brands of DNTV Digital client and/or funder(s) and/or their official social media presences.

“Syndication” means the direct or indirect re-licensing to third parties in English and other languages of material we have acquired for such purpose and/or published or broadcast in the Licensed Products and “syndicate” shall be construed accordingly. Under our syndication agreements, clients are permitted to integrate our content into their own platforms and products for agreed purposes which may include commercial, non-editorial purposes. Revenues can be but are not limited to subscription fees and advertising share and where they can be attributed to individual items of content contributors shall receive a share of such revenues on a net basis.

“Spot Sales” means the direct or indirect sale or license to third parties in English and other languages of individual items of content we have acquired for such purpose and/or published or broadcast in the Licensed Products. A license fee for such reproduction is usually negotiated, the license being for agreed purposes which may include commercial, non-editorial purposes, and contributors normally receive a share of net receipts.

Delivery of contributions

All Contributions should be filed electronically. Delivery instructions are set out below and in our confirmations. If electronic delivery is likely to be impractical, you should mention this to your commissioning editor. For All contributions: Submit via email to freelance@dntv.com.

Safety

It is not our intention to expose freelances to dangerous assignments without appropriate safety training and insurance cover. If you have any concerns in this area you should consult the Managing Editor or his/her nominees before starting the assignment.

Confidentiality

a) to treat confidentially all documents and all technical, commercial, financial and other information which is obtained from DNTV Digital in connection with this Agreement or with the negotiations leading up to it; and

b) not to disclose to any person, without the previous written consent of DNTV Digital, the existence of any term of this Agreement (other than terms already set out in the public domain by DNTV Digital), or the existence of any information about any dispute or disagreement between the parties; and

c) to disclose such documents and information to third parties only so far as it is necessary:

i) for the performance of this Agreement; and/or
ii) to your professional advisers; and/or
iii) as required by law.

The obligations of confidentiality set out above shall not apply to any documents or information which you can show:

a) at the time of their acquisition were in, or at a later date have come into, the public domain, other than following a breach of this clause; or

b) you knew prior to first disclosure to you by DNTV Digital; or

c) you received independently from a third party with the full right to disclose.

Warranties

You hereby represent, warrant and undertake that:

a) You shall not at any time do anything to bring DNTV Digital brands, trademarks or reputation into disrepute; and

b) You are entitled to enter into this Agreement and you are not bound by any third-party restriction not to do so, including, but not limited to, the right and authority to license the intellectual property rights in and the use of your Contribution on the terms and conditions set forth in this Agreement; and

c) Your Contribution shall be original and not copied wholly or materially from any other source, nor contain defamatory statements nor otherwise breach the privacy, confidentiality or other statutory or common law rights of any third-party; and

d) You shall observe the highest ethical standards in providing your Contribution under this Agreement as part of which you shall be expected:

i) to abide by the Journalists Code of Conduct; and

ii) have full regard for DNTV Digital own Editorial Code; and

iii) to co-operate fully in the event of a complaint about your Contribution to DNTV Digital; and

iv) to inform DNTV Digital immediately of any actual or potential conflict of interest arising from any engagement or contribution or service you undertake for DNTV Digital.

Indemnity

DNTV Digital shall indemnify you against any claims of or liability to any third party in respect of defamation on the same basis as staff journalists PROVIDED THAT:

a. no gross misconduct or negligence can be attributed to you relating to the relevant material; and

b. you co-operate fully with DNTV Digital in its response to the claim; and

c. you do not engage in discussions with a complainant without DNTV Digital prior agreement.

Status of Contributors and Suppliers as Independent Contractors

You undertake any and all engagements under this Agreement as an independent contractor and on this basis

a) your agreement to provide Contributions to DNTV Digital shall not be interpreted or construed to create an association, agency, joint venture, partnership or employer-employee relationship between you and us or to impose any liability attributable to such a relationship upon either party; and

b) you agree that you shall work from your own premises in providing services to DNTV Digital and shall provide all the necessary equipment and materials to enable you to fulfil the terms of your engagement.

c) You confirm for the purposes of Taxes, that you are a self-employed person in business in your own right and you shall be responsible for all tax liabilities arising in respect of your engagement under this Agreement, and shall yourself account to the appropriate authorities for all tax. You undertake to advise DNTV Digital immediately in writing in the event that your self-employed status is challenged by any taxing authority.

d) For the purpose of these clauses, “independent contractor” shall be interpreted (as appropriate) to include all engagements made with DNTV Digital via a company or limited company. In such event, the rights of indemnity and disclosure equally shall apply.

New contributors

If you want to offer us a Contribution you should consider which section of the website is most likely to be interested. Contact the managing editor@dntv.com for this section and briefly outline your idea.

The managing editor may offer to “take a look” at your proposed Contribution. This means that you are invited to submit it speculatively and you will be paid only if your Contribution is published.
Unless you are already an established contributor, it is most unlikely that the editor will “order” or commission a Contribution from you.

Please do not send pictures or artwork unless we request them. We do not accept responsibility for loss of unsolicited prints, transparencies, etc.

Contributions should be sent to us electronically. Other methods are possible – but only in exceptional circumstances.

We publish Contributions from all freelances on our standard copyright terms and payment is at our normal rates, unless agreed otherwise before publication. Please note that the copyright and payment terms are different for Commissioned Contributions.