The Encyclopedia of Water, Contributor Agreement
AGREEMENT, dated _____________________ (Date) by and between ____________________________ (Print Name) (the "Contributor") and John
Wiley & Sons, Inc., of 605 Third Avenue, New York, NY 10158 (the 'Publisher").
This will confirm that the Publisher has commissioned the Contributor to prepare an
original and previously unpublished contribution (the Contribution") on the
subject(s) of
___________________________________________________(Entry Title 1)
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for inclusion in the forthcoming work tentatively entitled The Encyclopedia of Water (the
"Work"), by Jay H. Lehr Ph.D, to be published by the Publisher. The terms are as
follows:
1. The Contribution
The Contribution shall consist of approximately 10 printed pages or 500 to 4000 words,
including illustrations, figures and tabular materials and shall be submitted not later
than six months after the the date of the signed Contributor Agreement, unless the
Publisher has agreed to extend the time in writing (the "Due Date").
The final manuscript shall be submitted in computer disk format, together with two
printouts, double-spaced on 8-1/2" x 11" white paper, printed on one side only
with the pages numbered consecutively, complete and satisfactory to the Publisher in
organization, form, content and style. If the Contributor delivers the final manuscript on
or before the Due Date, the Publisher shall, within 90 days after such delivery, notify
the Contributor whether the manuscript is, in the Publisher's judgment, complete and
satisfactory and acceptable for publication. If the Contribution is not submitted on or
before the Due Date or is not complete and satisfactory to the Publisher, the Publisher
shall either terminate this Agreement as set forth below or request changes that would
make the Contribution complete and satisfactory. If the Contributor does not make the
changes requested by the Publisher within a reasonable time set by the Publisher, or if,
notwithstanding such changes, the Contribution is not in the Publisher's judgment,
complete and satisfactory, then the Publisher may terminate this Agreement as set forth
below.
2. Ownership
The Contribution, including all illustrations, figures, tabular and other materials, shall
be considered a work made for hire to the Publisher, and the Publisher shall own the
copyright and all of the rights comprised in the copyright. To the extent the Contribution
or any material contained therein or attached thereto does not qualify as a work made for
hire, the Contributor hereby transfers to the Publisher during the full term of copyright
and all extensions thereof the full and exclusive rights comprised in the copyright in the
Contribution and any revisions thereof, including but not limited to the right, by itself
or with others, throughout the world, to print, publish, republish, transmit and
distribute the Contribution and to prepare, publish, transmit and distribute derivative
works based thereon, in all languages and in all media of expression now known or later
developed, and to license or permit others to do so.
The Publisher shall have the right to make such revisions, deletions or additions to the
Contribution that the Publisher may deem advisable in the interest of space and uniformity
of style and presentation, provided that the accuracy of the text is not impaired.
3. Contributor Use
The Contributor may draw on and refer to material in the Contribution in preparing other
articles for publication in scholarly and professional journals and papers for delivery at
professional meetings, provided that credit is given to the Work and to the Publisher.
4. Warranty
The Contributor represents and warrants that: the Contribution is original except for
excerpts and illustrations from copyrighted works for which the Contributor has obtained
written permission from the copyright owners at the Contributor's expense on a form
approved by the Publisher; the Contribution has not been previously published and is not
in the public domain; the Contributor owns and has the right to convey all the rights
herein conveyed to the Publisher; the Contribution contains no libelous or unlawful
material, contains no instructions that may cause harm or injury and does not infringe
upon or violate any copyright, trademark, trade secret or other right or the privacy of
others; and all statements asserted as fact in the Contribution are either true or based
upon generally accepted professional research practices. The Contributor agrees to
indemnify the Publisher and any licensee of any subsidiary right, against all liability
and expense, including counsel fees, arising from or out of any breach or alleged breach
of these warranties.
5. Use of Name
The Publisher shall have the right to use the Contributor's name, likeness, biographical
data or professional credits on any edition of the Work or in any derivative work thereof,
and in advertising, publicity or promotion related thereto and may grant such rights in
connection with the license of any subsidiary rights in the Work.
6. Compensation/Copies
In full consideration of the rights in the Contribution granted to the Publisher
herein, the Contributor shall receive a $100 honorarium for John
Wiley & Sons books from the Publisher's catalogue for each entry submitted by the
contributor and accepted by the Editor and Publisher. The Contributor may also
purchase, for personal use only, copies of the Work at a discount of 25% from the then
current United States catalog list price.
7. Updates and Revised Editions
In the event the Contributor modifies or otherwise changes or enhances the Contribution
for any' update or revised edition of the Work, the terms of this Agreement (excluding
Paragraph 6) shall apply to said update and/or revision.
8. Termination
The Publisher may terminate this Agreement in the event:
(i) the Contributor does not deliver the final
manuscript on or before the Due Date pursuant to Paragraph 1 above, or fails or refuses to
make changes requested by the Publisher pursuant to Paragraph 1 above; or
(ii) the Publisher, in its sole judgment, chooses not
to publish the Contribution.
In such event this Agreement shall terminate, the Publisher shall return the Contribution
to the Contributor as soon as practicable and shall simultaneously revert all rights in
the Contribution to the Contributor, and thereafter neither party shall have any further
obligation or liability to the other hereunder.
9. General
This Agreement shall be construed and interpreted pursuant to the laws of the State of New
York applicable to contracts wholly entered into and performed in the State of New York.
Any legal action, suit or proceeding arising out of or relating to this Agreement or the
breach thereof shall be instituted in a court of competent jurisdiction in New York County
in the State of New York and each party hereby consents and submits to the jurisdiction of
such court, waives any objection to venue in such court and consents to service of process
by registered or certified mail, return receipt requested, at the last known address of
such party.
Accepted and Agreed
_________________________________ (Signature)
_________________________________ (Printed Name)
_________________________________ (Date)
_________________________________ (Social Security Number)
_________________________________ (Address)
_________________________________ (Address)
Please fax your signed and dated contributor contract to 775-993-2705 or mail to:
Wiley Water
6011 Houseman Road
Ostrander, OH 43061
USA