Join the NAM News Exchange
One benefit of NAM membership is the opportunity to enter into an agreement to exchange news content with us. As part of the News Exchange, your news organization will have access to all editorial content and will receive broadened visibility for your own editorial content. Once you agree to the contract, you will be able to use any of the stories from our website and weekly e-mailed digest of stories. Your news content will also be eligible for syndication through our website.
You DO NOT have to join the News Exchange to be a NAM member.
This Agreement ("Agreement"), is entered into by and between New America Media, ("NAM"), a subsidiary of Pacific News Service, a California nonprofit corporation, and you, the "Publisher" (collectively referred to as “the Parties"). This Agreement is effective when it has been signed by all of the Parties.
WHEREAS, NAM is dedicated to preserving and improving the scope of news media content and promoting a free and diverse news media by, among other things, disseminating news content from various ethnic and/or non-English language publications; and
WHEREAS, Publisher owns a publication and believes that it will benefit from wider circulation and accessibility of its articles and/or editorials contained in its publication (collectively, the "Articles"), and from access to NAM’s ethnic media content.
NOW THEREFORE, in consideration of the premises and mutual promises contained in this Agreement, the Parties agree as follows:
- Grant of License to NAM. Publisher grants NAM a nonexclusive, perpetual, worldwide, irrevocable, royalty-free license to, and to authorize others to, distribute the Articles; reproduce the Articles; create derivative works based on the Articles, including without limitation translations or edited versions of the Articles; publicly display the Articles on websites owned, controlled, or published by NAM and web sites to which NAM contributes (“Web Sites”); and publicly perform the Articles. This grant includes, without limitation, the right to electronically archive the Articles for retrieval by users of the Web Sites and to publish and distribute the Articles in any future compilation or anthology created by NAM, its agents or representatives in any medium, as exists now or in the future. As stated above, this license is nonexclusive, and does not prevent Publisher from giving others permission to exercise the same right or rights at the same time.
- Grant of License to Publisher. NAM agrees to grant Publisher a nonexclusive, perpetual, worldwide, irrevocable, royalty-free license to, and to authorize others to , distribute articles in the NAM News Exchange, which shall mean articles in written, audio, or video form, including photographs that accompany those articles, available on the website located at newamericamedia.org.
- Attribution by NAM. NAM agrees to attribute, and to require any third party that is authorized to make use of the Articles pursuant to Paragraph 1 above, to attribute to Publisher any Article reprinted, archived, distributed, referred to or republished pursuant to Paragraph 1 of this Agreement.
- Attribution by Publisher. Publisher agrees to attribute any content obtained from NAM directly or NAM web site pursuant to this Agreement with the following information that applies:
- Identity of Author
- Name of ethnic media outlet where applicable and a link to the website
- A clickable link to New America Media's web site from all web pages on which Eligible Content is displayed using the following HTML source code: New America Media
- Representations and Warranties. Publisher represents and warrants that it owns or otherwise has the right to license all rights licensed herein to NAM, and that Publisher has the full power and authority to license all of the rights licensed to NAM in this Agreement. Publisher further represents and warrants that NAM's full exercise of the rights granted in this Agreement requires no additional license or authorization from any third party, and that any and all facts represented in the Articles are true and accurate and that the Articles contain no false or defamatory material, and that the Articles in no other way violate the rights of any third party. Publisher agrees to indemnify and hold NAM harmless from any breach of these representations and warranties. NAM warrants that all necessary rights and clearances have been obtained in and for any materials it provides for the uses permitted under this Agreement. NAM makes no other representations or warranties, whether express or implied, concerning the licensed content or NAM's performance under this Agreement.
- Miscellaneous. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to its conflict of laws principles, and the Parties consent to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in San Francisco, California. This Agreement shall be ongoing in perpetuity until written notification by either party to terminate the agreement. This Agreement constitutes the entire Agreement between the Parties and no modifications of any of the provisions hereof shall be binding upon any Party unless made in writing and signed by the duly authorized officer of each Party.
The Parties, by their signatures below, acknowledge that they have read and agree to be bound by the terms and conditions of this Agreement.