Terms of Use for Contributing Photographers

Edit: Updated the content pay value from $1.50 per 1000 views to $2.50 per 1000 views. (9/28/2008)



Vewd Media LLC
5592 Pineview Dr.
Winston-Salem, North Carolina, 27105
United States



This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Vewd Media, LLC Photographer’s Program (the "Program"). As used in this Agreement, "we", "us", or "our" means Vewd Media, LLC or any of our affiliate companies, as the case may be, and "you" or “user” means the individual seeking to gain acceptance into the Vewd Media LLC Photographer’s Program, or submitting an entry to, Vewd Media LLC. “Vewd site” means the site that has its primary home page identified by the URL http://www.vewd.org, and "site" means a World Wide Web site. "Your site" means any site that you will use as a form of communication about your participation in the Vewd Media LLC. Photographer’s Program.

1. Enrolment in the Program
To begin the enrolment process, you will submit a complete and correct Photographer’s Program entry form on the Vewd site. We will evaluate your entry in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your content is unsuitable for the Program. Unsuitable content may include, but are not limited to, those that:

-promote sexually explicit materials
-promote violence
-promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
-promote illegal activities
-violate intellectual property rights.

By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to apply to the Program again at any time. You should also note that if we accept your application and your content is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement. Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to participate in the Program.

2. Licence to Vewd Media LLC

a. For all such information and material, you grant Vewd Media LLC, its affiliates and related entities, and its affiliated websites (http://www.vewd.org) or future websites of Vewd Media a royalty-free, perpetual, revocable (as explained in Section 2.b.), non-exclusive right and license to use, copy, modify, display, archive, store, in any form, media, software or technology of any kind now existing or developed in the future.
b. This licence is revocable only by request in writing to Vewd Media at the address found above. Digital communications are not sufficient but suggested as a secondary form of communication if timeliness is important to you.
c. Should you revoke your license from Vewd following the completion of a Vewd Media produced multimedia piece containing photographs, sound, video, or other content, owned by you, Vewd maintains a non-commercial use right to the production piece containing your work for 7 years. This is only the case if Vewd Media produces, compiles, assembles, or creates this multimedia piece. Multimedia is defined as having at least two of the following elements: recorded sound, recording video, photographs, or illustrations. This would be for representation of skills by production team members or Vewd as a company. Once you revoke your license from Vewd, we will not make ANY money from your work, however, we would like to show off things we have done in the past.


3. Licence of Vewd Media LLC to You

We grant you a nonexclusive, revocable right to use the graphic image logo of http://www.Vewd.org and such other text or images for which we grant express permission, solely for the purpose of identifying you as a Vewd Media LLC Photographer’s Program participant and to assist in generating traffic to your content on the Vewd site. You may only use such image or text in an offline promotion or other offline manner in the form of a business card, promotional mailing, or similar printed material as to be determined (in our sole discretion) by Vewd Media LLC. You may not modify the graphic image, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. These guidelines may change from time to time. We may revoke your license at any time by giving you written notice.


You acknowledge that as a participant in the Program, we may from time to time send you email updates about the Program. By participating in the Program, you consent to our sending you these email updates.

Further, you acknowledge and agree that you will not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using links to your content on the Vewd Media site (e.g., by implementing any "rewards" program for persons or entities who use links to your content on the Vewd site ); (b) take any action that could reasonably cause any person confusion as to our relationship with you; (c) other than providing links to the Vewd site on your site in accordance with this Agreement, post or serve any advertisements or promotional content promoting the Vewd site or otherwise around or in conjunction with the display of the Vewd site (e.g., through any "framing" technique or technology or pop-up or pop-under windows), or assist, authorize, or encourage any third party to take any such action; (d) attempt to circumvent the licensing fee schedule or artificially increase your licensing fees (e.g. by intentionally paying for the Vewd site to be trafficked, or encouraging any third party to traffic the Vewd site for the purpose of increasing payment to you or by causing any page of the Vewd site to open in a customer's browser other than as a result of the customer clicking on a link on your site); (e) attempt to intercept or re-direct (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any web site owned by any person who participates in the Program; or (f) seek to purchase or register any keywords, search terms or other identifiers that include the word "vewd" or variations thereof (for example "veewd", "vewwd", etc.) ("Proprietary Terms") for use in any search engine, portal, sponsored advertising service or other search or referral service. From time to time we may request that you cause any applicable Web search provider to exclude Proprietary Terms from keywords used to display your advertising content in association with search results, assuming the provider of such Web search engine offers such exclusion capabilities. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities or, as the case may be, refused promptly to comply with a request from us to exclude Proprietary Terms from any keyword as mentioned above, we may (without limiting any other rights or remedies available to us) withhold any licensing fees otherwise payable to you under this Agreement and/or terminate this Agreement.

3. Usage Fees

We will pay you (in accordance with Sections 4 and 5 below) based on certain criteria. For web count traffic to count towards your fees, the visitor must not have the same IP address used at any time to complete a Vewd Media LLC Photographer’s Program entry. We will only pay referral fees on eligible web traffic.

We will not, however, pay fees on any traffic hits coming from an entity that we determine (at our sole discretion) is attempting to increase the traffic count of content by repeatedly visiting any page on the Vewd site.

4. Usage Fee Schedule

During each calendar month, for qualifying traffic incurred on pages represented as containing only your content, you will earn (subject to the other terms of this Agreement) fees in accordance with the "Normal Fee Structure" described below.

Normal Fee Structure
Subject to the other terms of this Agreement, you will earn $2.50 per 1000 hits of the page containing your gallery, multimedia element, or more than two of your photographs (mathematically, that is $0.00250 per hit of traffic).


5. Licensing Fee Payment

We will pay you license fees on a monthly basis for traffic incurred during that month. Dependant on terms outlined below, within 60 days following the end of each calendar month, we will either (a) send you a check for the fees earned, (b) deposit the licensing fees into your PayPal.com account (if you want us to use this method of payment, please note that you will have to provide us with the e-mail address associated with the account, the account must be verified, and notify us of the preference is the Edit Profile section of the Vewd Site. If you select payment via PayPal, we will accrue and withhold referral fees until the total amount due is at least $25.00. If you select payment via check, we will accrue and withhold referral fees until the total amount due is at least $75.00. Please note that if you select payment via check, we will deduct a processing fee in the amount of $3.00 from the referral fees payable to you for each check we send. No processing fee will be deducted if you select payment via PayPal.

6. Taxation and IRS Reporting

We are required by law to record, maintain records, and report income in the form of Licensing Fee Payment to the Internal Revenue Service. All photographers accepted as participants in the program accruing more than $600 in licensing fees during a 365 day period will be reported to the Internal Revenue Service under a Form 1099-MISC form, the photographer will be responsible for taking all reasonably necessary actions to allow Vewd Media LLC to conform to this requirement. This may include, but is not limited to, providing your permanent address, or the address of the business under which you work, federal tax identification number or Social Security Number. Return shipping to Vewd Media LLC, shipping to the IRS if reported separately, and any other shipping costs associated with the completion of forms in the case of necessary reporting is the sole responsibility of the user.

7. Identifying Yourself as a Vewd Media Photographer’s Program participant

You may issue press releases with respect to this Agreement or your participation in the Program, featuring of your content on the Vewd site. In any such release of information by you, it is necessary to make certain a reasonable person will not misunderstand your relationship with Vewd Media LLC. Failure to make such information clear, may result in your removal from the Program, and your content removed from the Vewd site. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

8. Responsibility for Your Content

We disclaim all liability for matters concerning the content you submit to us. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, ownership, submission, and licensing the content to us.

9. Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

10. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Program entry and application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, we will within 30 days cease use of, and remove from our site, all content provided by you. It is your responsibility to cease use of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn licensing fees only on traffic that occurs during the term. Within 60 days following the last calendar day in the month of termination, the complete sum of licensing fees as payable will be transferred to you determinant on your preference as decided during the term of this agreement.

11. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Vewd.org Site. Modifications may include, for example, changes in the scope of available lisencing fees, licensing fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE VEWD.ORG SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

12. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that reasonably would contradict anything in this Section.

13. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

14. Disclaimers

We make no express or implied warranties or representations with respect to the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Vewd Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

15. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

16. Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Greensboro, North Carolina, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of North Carolina (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

17. Miscellaneous

This Agreement will be governed by the laws of the United States and the state of North Carolina, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
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