PHOTO: Millie Benson
Item: Toledo Times 1949 photo of Mildred Wirt, at her desk (Blade ID: 17930695)
Authorized usage: Print and electronic format for “Book of Queens” to be published in 2019 by National Geographic Partners, LLC. Must include credit: © The Blade/Toledo Times 1949.
Please click "Additional Info" below to review The Blade's Commercial Republication Permission Licensing Agreement. You must agree to these terms to complete purchase and acquire license.
Commercial Republication Permission
Company Name, Contact Name, Details, Business Address, Details:
National Geographic Partners, LLC (“NGP”)
1145 Seventeenth Street, NW
Washington, DC 20036-4688
via Nicole DiMella
Photo Researcher / Lemon Snap Image Services
firstname.lastname@example.org / 732-646-0214
The Blade has granted permission to the company or publisher listed above for republication of the following material(s) subject to the conditions set forth below.
IItem: Toledo Times 1949 photo of Mildred Wirt, at her desk (Blade ID: 17930695)
Authorized usage: print and electronic format for “Book of Queens” to be published in 2019.
This Agreement entered into by and between the parties identified above and sets forth the terms of NGP’s right to use the image (individually or collectively an “Image”) set forth below.
NGP shall pay Licensor within sixty (60) days of: (i) mutual execution of this Agreement, (ii) NGP’s receipt of the Image(s) in a usable format, and (iii) Licensor’s submission of all necessary documentation required by NGP to make payments (e.g. W9 or W8 IRS forms, and Electronic Wire Transfer form, as applicable). The Standard Terms and Conditions attached as Exhibit A are incorporated into this Agreement by this reference.
Exhibit A Standard Terms and Conditions
1. Rights Granted.
a. Project Rights.
Licensor grants NGP and its authorized licensees, affiliates, and subsidiaries the non-exclusive, sublicenseable (as incorporated into the Project), worldwide right and license to publish, reproduce, copy, transmit, modify, and otherwise use the Image(s), in whole or in part, within the Project, including without limitation the cover inset or in the table of contents of the Project, in (i) any or all print and/or digital copies of the Project, including without limitation all editions, versions, volumes, partworks, abridgements, and excerpts thereof; (ii) as part of an editorial extension of the Project anywhere on any NGP branded digital platform (including without limitation website or mobile app) or a “National Geographic” branded website and third party co- branded website, and (iii) as a link to pages on the web that contain the Image, provided, that the use of the Image in a local language edition of the Project is substantially the same as that of an English language edition of the Project with the understanding that local language editions of the Project may be modified or edited to suit the needs of the local market, and appearance of an Image in the English-language edition of the Project may occur at a different time than publication of a local language edition of the Project. If NGP uses an Image as the cover of a local language edition of the Project, NGP will make an additional payment to Licensor at 15% of the English Language Cover Rate.
b. Promotion Rights. Licensor grants NGP and its authorized licensees, affiliates, and subsidiaries the perpetual, worldwide, non- exclusive right and license right (i) to use the Image in the same context as it appears in the Project to promote the Project (“Product Shot”), and (ii) to use the Image independent of how it appears in the Project to promote the Project (“Stand Alone Use”).
2. Warranties. Licensor warrants and represents that it is the owner or authorized licensee of all copyrights, trademarks and other rights in the Assets, that the Assets are wholly original to Licensor, and that the Assets do not constitute defamation or infringe upon or violate the rights of any third party, including the rights of privacy, copyright, trademark, or any other proprietary right. Licensor further represents and warrants that it has the authority to grant the rights described. Licensor will indemnify NGP for the liability arising out of the breach or alleged breach of warranty and representation above.
3. Governing Law and Dispute Resolution. This Agreement will be construed under and governed by the laws of the state of New York applicable to agreements executed and performed entirely within it and without reference to its conflicts of laws principles. Licensor hereby consents to and submits to the jurisdiction of the federal and state courts located in New York, New York, and any action or suit under this Agreement shall be brought in any federal or state court with appropriate jurisdiction over the subject matter established or sitting in the State of New York. Contractor shall not raise in connection therewith, and hereby waives, any defenses based upon venue, the inconvenience of the forum, the lack of personal jurisdiction, the sufficiency of service of process or the like in any such action or suit brought in the State of New York.
4. General. This Agreement contains the entire agreement between the parties, revokes and supersedes all prior agreements between the parties, and is intended as a final expression of their agreement. Paragraph headings are for convenience only, and neither party will construe them as a part of this Agreement. This Agreement will not be modified or amended except in writing signed by the parties and specifically referring to this Agreement. This Agreement will take precedence over any documents (specifically including invoices or agreements issued by Licensor) that may conflict with this Agreement. No waiver by either party of any default will be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement. If a court of competent jurisdiction holds any provisions invalid or unenforceable, such invalidity will not affect the validity or operation of any other provisions and such invalid provisions will be deemed to be severed from this Agreement. Neither party will repudiate the meaning of an electronic signature(s) or claim an electronic signature(s) is not legally binding.
Conditions for this permission:
Must include credit: © The Blade/Toledo Times 1949.
One-time use only as described above, print and electronic formats. Rights are not transferable to other projects or individuals without prior consent of The Blade.
Materials must be used as published. Edited or altered material must be pre-approved.
Fee includes obtaining materials for republication and all Blade service fees relating to republication.
Licensee acknowledges that some jurisdictions provide legal protection against a person’s image, likeness or property being used for commercial purposes without their consent. The Blade makes no representations or warranties as to whether or not any additional payments or fees may be due as a result of republication. Licensee shall be responsible for all additional fees and payments.