17吃瓜在线

7^th January 2019

Amendments 鈥� 7^th January 2019 (will come into effect for all Contributors on 21st February 2019)

The latest changes to the 17吃瓜在线 Contributor contract, published on 7th January, includes important changes important changes to our terms regarding 17吃瓜在线 Commission and 17吃瓜在线 Novel Use Commission and 17吃瓜在线 Footage Commission. For Contributors who registered before 7th January 2019, the new contract will come into force on 21st February 2019, 45 days from the notification date of 7th January. For Contributors who registered from 7th January 2019 onwards, the new contract was in force from the point of registration.

An explanation of the changes made under each clause is outlined below.

17吃瓜在线 Commission Table

Has been replaced by the following table:

Terms and conditions of the contract

Definitions

15^th October 2018

Amendments 鈥� 15^th October 2018 (will come into effect for all Contributors on 29th November 2018)

The latest changes to the 17吃瓜在线 Contributor contract, published on 15th October, includes condensing several clauses to simplify the contract. For Contributors who registered before 15th October 2018, the new contract will come into force on 29th November 2018, 45 days from the notification date of 15th October. For Contributors who registered from 15th October 2018 onwards, the new contract was in force from the point of registration.

An explanation of the changes made under each clause is outlined below.

10^th/11^th April 2018

Amendments 鈥� 10th April 2018 (will come into effect for all contributors on 25th May 2018)

The latest version of the 17吃瓜在线 Contributor contract, published on 10th April, included some minor changes to our terms. Most of these changes have been made to reflect the new GDPR (General Data Protection Regulation) policies. We鈥檝e also added affiliate sales to the 17吃瓜在线 Commissions Table. For Contributors who registered before 10th April 2018, the new contract will come into force on 25th May 2018, 45 days from the notification date of 10th April 2018. For Contributors who registered from 10th April 2018 onwards, the new contract was in force from the point of registration.

On the 11th of April 2018 we made an amendment to the text released on the 10th of April 2018 for clause 4.11 in order to make it clearer. The changes are written in italics.

A detailed explanation of the changes made under each clause is outlined below.

17吃瓜在线 Commission Table

Definitions

26^th April 2017

Amendments 鈥� 26th April 2017 (will come into effect for all Contributors on 10th June 2017)

The latest version of the 17吃瓜在线 Contributor contract, published on 26th April 2017, included some changes to our terms.

For Contributors who registered before 26th April 2017, the new contract came into force on 10th June 2017, 45 days from the notification date of 26th April 2017.

For Contributors who registered from 26th April 2017 onwards, the new contract was in force from the point of registration.

A detailed explanation of the changes made under each clause is outlined below.

If there has been a spelling or grammatical change then this has not been listed.

Definitions

15^th June 2016

Amendments - 15th June 2016 (will come into effect for all Contributors on 30th July 2016)

What's changed?

We've removed the "Key terms" section from the start and have now included them within the main body of the contract.

We've made some minor changes to other clauses through the contract (detailed below).

We've added more detail around the "Collecting societies" clause to enable us to claim additional funds for our Contributors unless you choose to opt out or you've previously instructed us not to claim on your behalf.

Why?

We already have a short summary of the contract in the section entitled "The small print in larger print" and the majority of the key terms were duplicated throughout the contract so we've taken this opportunity to tidy things up.

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• Where a key term has been moved and it's amended an existing clause or made a new clause we've highlighted that in the table below by naming the change "Amendment 鈥� key term" or "New clause 鈥� key term" respectively
• If there has been a spelling or grammatical change then this has not been listed.

30^th March 2015

Amendments - 30th March 2015 (will come into effect for all Contributors on 14th May 2015)

We made a set of amendments on 16th February but following feedback we鈥檝e withdrawn some of these changes and replaced them with the changes listed below and extended the notice period for the other changes by a further 45 days.

16^th February 2015

Amendments listed on 16th February 2015 (will come into effect on 14th May 2015 for Contributors registered before 16th February 2015)

12^th November 2013

The latest version of the 17吃瓜在线 Contributor contract, published on 12th November 2013, included some changes to our terms

For Contributors who registered before 12th November 2013, the new contract came into force on 27th December 2013, 45 days from the notification date of 12th November 2013

For Contributors who registered from 12th November 2013 onwards, the new contract was in force from the point of Registration.

What's changed?

We鈥檝e lowered the payment threshold to US $75 and this will come into force for the 1st December pay run.

Also we will not be charging any fees for any methods of payment.

All key changes are summarised below for easy reference:

Payment frequency - We will pay you monthly, if your Cleared Funds exceed US $75

15^th October 2013

The latest version of the 17吃瓜在线 Contributor contract, published on 15th October 2013, included some changes to our terms.

For Contributors who registered before 15th October 2013, the new contract came into force on 30th November 2013, 45 days from the notification date of 15th October 2013.

For Contributors who registered from 15th October 2013 onwards, the new contract was in force from the point of Registration.

What's changed?

We鈥檝e lowered the payment threshold to US $100. However as some of the payment methods we鈥檙e using are expensive we鈥檙e passing on these costs. We aim however to ensure that every Contributor has a payment method which means they can receive their money for free.

In effect payments are now split as follows:

All key changes are summarised below, for easy reference:

Payment frequency - We will pay you monthly, if your Cleared Funds exceed US $100

20^th November 2012

The latest version of the 17吃瓜在线 Contributor contract, published on 20th November 2012, included some important changes to our terms.

For Contributors who registered before 20th November 2012, the new contract came into force on 5th January 2013, 45 days from the notification date of 20th November 2012.

For Contributors who registered from 20th November 2012 onwards, the new contract was in force from the point of Registration.

What changed?

The most important changes to our terms were increased 17吃瓜在线 Commission on direct and third-party Distributor sales.

All key changes are summarised below, for easy reference:

• 17吃瓜在线 Commission on direct sales increased by 10 percentage points on all commission schedules
  • 17吃瓜在线 Blue (current model): 17吃瓜在线 Commission 50%, Contributor commission 50%
  • 17吃瓜在线 Red (discontinued model): 17吃瓜在线 Commission 30%, Contributor commission 70%
  • 17吃瓜在线 Green (discontinued model): 17吃瓜在线 Commission 40%, Contributor commission 60%
• 17吃瓜在线 Distributor commission increased by 10 percentage points
  • Contributor commission 30%, 17吃瓜在线 Distributor commission 70% (comprised of 30% 17吃瓜在线 Commission and 40% Distributor commission).

A new version of the 17吃瓜在线 Commission table was introduced as per below

Reference to the discontinued models 17吃瓜在线 Green and 17吃瓜在线 Red was removed from the table and details of these models was placed at the end of the contract.

View the previous version of the contract, valid for all Contributors registered prior to November 20th 2012. For those registered after November 20th, the current contract was in force at the point of Registration.

24^th November 2011

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• We have made the necessary changes to the contract in order to reflect the reduction in the payment threshold.
• If there has been a spelling or grammatical change then this has not been listed.
• If a clause has changed in no major way except in number then this has not been listed.

28^th July 2011

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• We have made some minor additions to the contract in order to include news Imagery and footage.
• If there has been a spelling or grammatical change then this has not been listed.
• If a clause has changed in no major way except in number then this has not been listed.

27. Definitions

15^th July 2010

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• We have made some minor adjustments to the way we pay you and that we can stop payments if we don鈥檛 have up to date details for you.
• If there has been a spelling or grammatical change then this has not been listed.
• If a clause has changed in no major way except in number then this has not been listed.

12. Statements and payment

2.26. Definitions

26^th November 2008

The latest version of the 17吃瓜在线 Contributor contract, published on November 26th 2008, included some important changes to our terms.

For Contributors who registered before 26th November 2008, the new contract came into force on 10th January 2009, 45 days from the notification date of 26th November 2008.

For Contributors who registered from 26th November 2008 onwards, the new contract was in force from the point of Registration.

The commission split on sales for ALL Contributors, regardless of Registration date remained as per the previous contract until 10th January 2009, when our Systems changed to reflect the 5% increase in 17吃瓜在线 Commission as per the current contract.

Payment and foreign exchange fees were also charged until 10th January 2009

What changed?

The most important changes to our terms were increased 17吃瓜在线 Commission on direct and third-party Distributor sales, and the abolishment of all payment fees. 

The contract was also re-drafted to make it easier to read and updated to remove outdated clauses and terminology. All key changes are summarised below, for easy reference:

• 17吃瓜在线 Commission on direct sales increased by 5% on all commission schedules
  • 17吃瓜在线 Blue (current model): 17吃瓜在线 Commission 40%, Contributor commission 60%
  • 17吃瓜在线 Red (discontinued model): 17吃瓜在线 Commission 20%, Contributor commission 80%
  • 17吃瓜在线 Green (discontinued model): 17吃瓜在线 Commission 30%, Contributor commission 70%
• 17吃瓜在线 Distributor commission increased by 5%
  • Contributor commission 40%, 17吃瓜在线 Distributor commission 60% (comprised of 20% 17吃瓜在线 Commission and 40% Distributor commission).
• All payment fees discontinued:
  • For Contributors paid by cheque:
    • US $8 fee for cheque payment.
    • US $15 cheque cancellation fee
  • For Contributors paid by funds transfer
    • US $11 fee for payment
    • The 1% foreign exchange fee for funds transfer in currencies other than USD
• Termination notice: 17吃瓜在线 may now terminate a Contributor’s contract with 45 days notice as opposed to 6 months, which is now inline with notice required from Contributors to terminate the contract (clause 20.2.1).
• Licence type definitions: Change from traditional licence (with or without rights protection) to “rights managed” and “Rights Managed - Exclusive” licences to be consistent with common industry terminology
• Licensing Images after deletion: New clause (3.1.1) to cater for existing agreements with some clients who download Images and later confirm usage post deletion
• Emphasis that novel use and distribution are optional schemes
• Old clause 7 removed: “Contributor reporting of sales to 17吃瓜在线” Previously, when a client contacted a Contributor directly as a result of having seen an Image on the 17吃瓜在线 site, the Contributor was required to pay 17吃瓜在线 10% of the net sale value.
  
• Old clause 14 removed: “Audit rights of 17吃瓜在线 on Contributor” This clause was only required to enable 17吃瓜在线 to investigate whether Contributors were reporting direct sales to 17吃瓜在线 (as per clause 7). Since clause 7 has now been removed, this clause is no longer required. 
• Glossary terms: Old terms have been removed where they no longer reflect areas of the website. New terms have been added

View the previous version of the contract, valid from 21st September 2007 until 26th November 2008 for all Contributors registered prior to November 26th ­2008. For those registered after November 26th, the current contract was in force at the point of Registration.

21^st September 2007

A detailed explanation of the changes made under each clause is outlined below.

Table of 17吃瓜在线 Commission models, rates, fees and payment

New Optional Scheme - Novel Use Commission:

Table

1. 1. Preliminary

   Clause	Change	Original	Replacement
   ii.	Amendment	on behalf of the Contributor to license (or permit any 17吃瓜在线 Group company to license) the Images to Customers on the basis of a royalty-free licence or traditional licence (with or without rights protection) as defined by 17吃瓜在线.	on behalf of the Contributor to license (or permit any 17吃瓜在线 Group company to license) the Images to Customers on the basis of a royalty-free licence or traditional licence (with or without rights protection) as defined by 17吃瓜在线; in either case 17吃瓜在线 will also be authorised, if the Contributor agrees, to license (or permit any 17吃瓜在线 Group company to license) all of the Contributor鈥檚 Images to Customers on the basis of Novel Use licences;
   a.	Amendment	Control country, usage, media type and industry in which their Images are available for use by Customers (this applies to traditionally licenced Images and not to royalty free Images)	Control country, usage, media type and industry in which their Images are available for use by Customers (this applies to traditionally licenced Images and not to royalty-free Images or novel use licences).
   b.	Amendment	Control, subject to clause 4(b), whether each Image they submit is displayed as a traditionally licenced (with or without rights protection) or royalty-free.	Control, subject to clause 4(b), whether each Image they submit is displayed as a traditionally licenced (with or without rights protection) or royalty-free, and in either case whether their Images are available for novel use licences.
   f.	Amendment	Set their own prices for their Images if the Contributor is a royalty-free agency (subject to clause (c) of the Section entitled Pricing and Promotion).	Set their own prices for their Images if the Contributor is a royalty-free agency (subject to clause 12(a)-(c) but not for novel use licences).

2. 2. Definitions

   Definition	Change	Original	Replacement
   "Collections Section"	Amendment	means the 17吃瓜在线 gallery database that has been maintained by a collector intended for licensing to Customers by royalty-free licence or traditional licence.	means the 17吃瓜在线 gallery database that has been maintained by a collector intended for licensing to Customers by royalty-free licence or traditional licence, whether or not also by novel use licence.
   "Licence"	Amendment	means either a royalty-free licence or a traditional licence (with or without rights protection.	means either a royalty-free licence or a traditional licence (with or without rights protection) or a novel use licence.
   "Novel Use licence"	New Definition	N/A	means any novel use licence as defined and granted by 17吃瓜在线 on behalf of a Contributor during the period of this contract and which is neither a royalty-free licence nor a traditional licence.
   "Novel Use Sales Commission"	New Definition	N/A	means the percentage commission charged by 17吃瓜在线 on the net licence fee as set out in the Table of 17吃瓜在线 Commission models, rates, fees and payment on all novel use licences.

4. 4. Appointment of 17吃瓜在线

   Clause	Change	Original	Replacement
   c.	New clause	N/A	The Contributor may also appoint 17吃瓜在线 as its agent to grant novel use licences in respect of all of the Contributor’s Images. Such appointment may be made by the Contributor confirming through the 17吃瓜在线 web site or by email. The Contributor may terminate 17吃瓜在线’s right to grant Novel Use licences in respect of the Contributor’s Images at any time during the month of April in each year through the Novel Use page on the 17吃瓜在线 web site (without prejudice to the Contributor’s general rights of termination as laid out in clause 18).

8. 8. Distribution

   Clause	Change	Original	Replacement
   a.	Amendment	If the Contributor agrees to their Images being sold through a Distributor by confirming through the 17吃瓜在线 web site, in writing, by email, or orally to a member of the 17吃瓜在线 staff then all of the Contributor’s Images will be available for sale by Distributors in the territories specified.	If the Contributor agrees to their Images being sold through a Distributor by confirming through the 17吃瓜在线 web site or by email then all of the Contributor’s Images will be available for sale by Distributors in the territories specified.
   b.	Amendment	The Contributor agrees that they will specify in which territories they wish their Images to be available and once these territories have been selected the Contributor cannot deselect these territories until the date specified on the Distribution page of the 17吃瓜在线 web site.	The Contributor agrees that they will specify in which territories they wish their Images to be available. Once these territories have been selected the Contributor may deselect all or any of the territories at any time during the month of April in each year through the Distribution page of the 17吃瓜在线 web site.

10. 10. Representations, warranties and undertakings by Contributor

    Clause	Change	Original	Replacement
    e.	Amendment	except for the prior rights (if any) and subject to the terms set out in the listing confirmation there is not and will not during the term of this contract be any fetter on 17吃瓜在线 licensing each Image to a Customer to the fullest extent possible utilising its royalty-free or traditional licences (with or without rights protection) as defined by 17吃瓜在线;	except for the prior rights (if any) and subject to the terms set out in the listing confirmation there is not and will not during the term of this contract be any fetter on 17吃瓜在线 licensing each Image to a Customer to the fullest extent possible utilising its royalty-free or traditional licences (with or without rights protection) or its novel use licences as defined by 17吃瓜在线;

12. 12. Pricing and promotion

    Clause	Change	Original	Replacement
    c.	New clause	N/A	All Images sold under novel use licences may be sold at any rates in 17吃瓜在线’s discretion without 17吃瓜在线 having to consult the Contributor.

8^th October 2006

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• All references to "My Account" have been changed to "My 17吃瓜在线".
• All references to "Zones" have been removed.
• The 17吃瓜在线 Green Commission schedule is no longer available to new Contributors.
• If there has been a spelling or grammatical change then this has not been listed.
• If a clause has changed in no major way except in number then this has not been listed.
• All references to Withholding tax (WHT) have been removed.

1. Preliminary

   Clause	Change	Original	Replacement
   N/A	Amendment	The following provisions record the legal terms and conditions upon which 17吃瓜在线 Limited, hereafter referred to as "17吃瓜在线" provides services which facilitate the licensing of Images by Contributors to third parties.	The following provisions record the legal terms and conditions upon which 17吃瓜在线 Limited, hereafter referred to as "17吃瓜在线" acts as an agent in the licensing of Images by Contributors to third parties.
   a.	Amendment	Control country, usage, media type and industry in which their Images are available for use by Customers	Control country, usage, media type and industry in which their Images are available for use by Customers (this applies to traditionally licenced Images and not to royalty free Images)
   b.	Amendment	Control whether each Image they submit is displayed as a traditional licence (with or without rights protection) or royalty-free licence Image.	Control, subject to clause 4(b), whether each Image they submit is displayed as a traditionally licenced (with or without rights protection) or royalty-free.
   N/A	Amendment	The contract may be varied at any time in accordance with the clause "Contracting Parties" clause c below. The contract may be terminated by 17吃瓜在线 or the Contributor in accordance with the section entitled "Termination" below.	The contract may be varied at any time in accordance with the clause "Contracting Parties" clause c below, subject to the Contributor's right of termination in clause 18(a)(iii). The contract may be terminated by 17吃瓜在线 or the Contributor in accordance with the section entitled "Termination" below.

2. Definitions

   Definition	Change	Original	Replacement
   "Prior Rights"	Amendment	means in respect of any Image any licence or other right granted by or on behalf of the copyright owner for the use of that Image in any territory, media or otherwise.	means in respect of any Image any licence or other right granted by or on behalf of the copyright owner for the use of that Image in any territory, media or otherwise. Prior rights include without limitation, where an Image has previously been licensed by 17吃瓜在线 and then deleted from the System, those previous licences by 17吃瓜在线.
   "Order Processing Fee"	Amendment	means the 17吃瓜在线 fee charged on the gross licence fee for credit card processing or invoicing and collection from Customers with accounts. For the avoidance of doubt, where a company within the 17吃瓜在线 Group licences an Image to a Customer, and this licence sale is subject to sales tax (e.g. VAT), then the order processing fee is calculated on the net licence fee and the sales tax element added together.	means the 17吃瓜在线 fee charged on the gross Licence Fee for credit card processing or invoicing and collection from Customers with accounts. For the avoidance of doubt, where a company within the 17吃瓜在线 Group licences an Image to a Customer, and this licence sale is subject to sales tax (e.g. VAT), then the order processing fee is calculated on the gross licence fee ( i.e. the net licence fee and the sales tax element added together). By example for sales subject to 17吃瓜在线's 35% commission this will amount to an 17吃瓜在线 Commission of 35.875%.

4. Appointment of 17吃瓜在线

   Clause	Change	Original	Replacement
   b.	New clause	N/A	Where the Contributor appoints 17吃瓜在线 as its agent to grant royalty-free licences in respect of an Image, 17吃瓜在线 may vary the licences it grants in respect of that Image from royalty-free to traditionally licenced by giving 45 days prior notice to the Contributor at any time. If the Contributor notifies 17吃瓜在线 during the 45 day notice period that it does not agree to such variation then 17吃瓜在线 may either continue to grant royalty-free licences in respect of that Image or, at 17吃瓜在线's option, may delete that Image from the System.

5. Commission, fees, payment and acceptance

   Clause	Change	Original	Replacement
   f. iv.	Amendment	all other amounts due to 17吃瓜在线 from the Contributor.	all other amounts due to 17吃瓜在线 from the Contributor including, where 17吃瓜在线 is entitled to be indemnified by the Contributor in the circumstances set out in clause 10(r), a sum representing the likely total amount of such indemnity.

6. Tax

   Clause	Change	Original	Replacement
   a.	Removed	The Contributor must (as part of the Registration process or otherwise) complete a declaration confirming which territory he/she is tax resident in. Where the Contributor is tax resident in an overseas jurisdiction, 17吃瓜在线 will deduct withholding tax from the royalties paid in accordance with the terms of the double tax treaty between the UK and the relevant overseas jurisdiction, where applicable. If for any reason the Contributor is not entitled to benefit from the reduced rate of withholding tax under the treaty (including, without limitation, where the Contributor supplies incorrect or inaccurate information in connection with the declaration required under this Clause 6), the Contributor shall immediately on demand by 17吃瓜在线 pay to 17吃瓜在线 any additional withholding tax due (together with any associated interest and penalties incurred by 17吃瓜在线). The Contributor must immediately notify 17吃瓜在线 in the event of any change in his/her tax residence	N/A
   b.	Amendment	17吃瓜在线 may recover by debiting the Contributor's account any moneys due to 17吃瓜在线 under clauses a or b above in respect of tax and any associated interest or penalties.	17吃瓜在线 may recover by debiting the Contributor's account any moneys due to 17吃瓜在线 under clause a above in respect of tax and any associated interest or penalties.

10. Representations, warranties and undertakings by Contributor

    Clause	Change	Original	Replacement
    f.	Amendment	where the Contributor has indicated that a release is available he/she must have access to that release and must be able to make the original available to 17吃瓜在线 if it is requested by 17吃瓜在线;	where the Contributor has indicated that a release is available he/she must have access to that release and must be able to make the original available to 17吃瓜在线 if it is requested by 17吃瓜在线; the Contributor warrants that all such Releases will (a) be legally binding and (b) (except as otherwise notified to 17吃瓜在线 via the 17吃瓜在线 web site or, with the agreement of 17吃瓜在线, via email) authorise all uses of the Images anywhere in the world including without limitation uses in relation to sensitive issues;
    g.	Amendment	The Contributor warrants that all information he/she gives to 17吃瓜在线 by any means (including without limitation via the 17吃瓜在线 web site or through spreadsheets) concerning for any Images will be true and accurate and that all of which 17吃瓜在线 is informed of by the Contributor will (a) be legally binding and (b) (except as otherwise notified to 17吃瓜在线 via the 17吃瓜在线 web site or, with the agreement of 17吃瓜在线, via email) authorise all uses of the Images anywhere in the world including without limitation uses in relation to sensitive issues. The Contributor agrees to indemnify 17吃瓜在线 against all losses, damages, expenses and costs (including legal costs) arising out of any breach of this warranty, including without limitation where the Contributor has stated there is a release for an Image but no such release exists, or where the Contributor has stated information regarding the release which proves to be incorrect;	The Contributor warrants that all information he/she gives to 17吃瓜在线 by any means (including without limitation via the 17吃瓜在线 web site or through spreadsheets) concerning any Images will be true and accurate and will not infringe any copyright;
    j.	Amendment	the Contributor understands that they assign the licence types available on the website to each Image they submit, and that the Contributor understands the implications of each licence type(s) they select. The Contributor understands that once a licence type is chosen it cannot be changed;	the Contributor understands that they assign the licence types available on the website to each Image they submit, and that the Contributor understands the implications of each licence type(s) they select. The Contributor understands that once a licence type is chosen it cannot be changed unless changed by 17吃瓜在线 from royalty-free to traditionally licenced under clause 4(b);
    k.	New clause	N/A	none of the keywords supplied by the Contributor for any Image has been copied from the keywords for an Image of any other Contributor. 17吃瓜在线 reserves the right to delete any group of keywords which in 17吃瓜在线's opinion contain copies of another Contributor's keywords.
    q.	New clause	N/A	The Images comply with all 17吃瓜在线's technical, quality, content and other criteria and requirements as set out on the 17吃瓜在线 site at the time of their submission. 17吃瓜在线 reserves the right to delete any Images which do not comply with any of these criteria.
    r.	New clause	N/A	The Contributor will keep 17吃瓜在线 fully indemnified against all losses and all actions, claims, proceedings, costs and damages (including any damages or compensation paid by 17吃瓜在线 on the advice of its legal advisors to compromise or settle any claim) and all legal costs or other expenses arising out of any breach of any of the above warranties or of any other obligations of the Contributor under this agreement.

12. Pricing and promotion

    Clause	Change	Original	Replacement
    e.	New clause		17吃瓜在线 shall have the right to add, amend or delete any keywords for an Image if in 17吃瓜在线's opinion this would be likely to increase the sales potential for that Image.

18. Termination

    Clause	Change	Original	Replacement
    a. iii.	New clause		where 17吃瓜在线 gives 45 days notice to vary the contract pursuant to clause 3(c), by written notice to 17吃瓜在线 at any time during that 45 day period expiring at the end thereof.
    e.	Amendment	17吃瓜在线 may at its discretion delete any Image which has not been licensed during such period as 17吃瓜在线 may determine.	17吃瓜在线 may at its discretion, without terminating this contract in relation to the Contributor鈥檚 other Images, delete any individual Image(s) which have not been licensed during such period as 17吃瓜在线 may determine.

6^th May 2004

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• If there has been a spelling or grammatical change then this has not been listed, nor have we listed capitalising initials. We have not listed where clause numbers have changed due to new clauses being inserted.
• We have deleted the detail relating to the split of the Distributor commission between 17吃瓜在线 and the Distributor. The Distributor commission remains at 55%.
• View previous version of the Contributor agreement; valid from 12.00 GMT, 10th December 2003, until 08.00 BST (07.00 GMT), 6th May 2004.

1. Preliminary

   Clause	Change	Original	Replacement
   N/A	Amendment	The following provisions record the legal terms and conditions upon which 17吃瓜在线.com Holdings (Jersey) Limited, hereafter referred to as "17吃瓜在线" provides services which facilitate the licensing of Images by Contributors to third parties.	The following provisions record the legal terms and conditions upon which 17吃瓜在线 Limited, hereafter referred to as "17吃瓜在线" provides services which facilitate the licensing of Images by Contributors to third parties.

2. Definitions

   Definition	Change	Original	Replacement
   "17吃瓜在线"	Amendment	means 17吃瓜在线.com Holdings (Jersey) Limited or any other person to whom it may license or assign its rights under this contract.	means 17吃瓜在线 Limited or any other person to whom it may licence or assign its rights under this contract.
   "Storage Fee"	Amendment	means the 17吃瓜在线 fee per Image per month, or part thereof, levied in advance on the first day of the month. This fee will come into effect on 1st March 2003.	means the 17吃瓜在线 fee per Image per month, or part thereof, levied in advance on the second working day of the month. This fee will come into effect on 1st March 2003.

6. Tax

   Clause	Change	Original	Replacement
   a.	New Clause		The Contributor must (as part of the Registration process or otherwise) complete a declaration confirming which territory he/she is tax resident in. Where the Contributor is tax resident in an overseas jurisdiction, 17吃瓜在线 will deduct withholding tax from the royalties paid in accordance with the terms of the double tax treaty between the UK and the relevant overseas jurisdiction, where applicable. If for any reason the Contributor is not entitled to benefit from the reduced rate of withholding tax under the treaty (including, without limitation, where the Contributor supplies incorrect or inaccurate information in connection with the declaration required under this Clause 6), the Contributor shall immediately on demand by 17吃瓜在线 pay to 17吃瓜在线 any additional withholding tax due (together with any associated interest and penalties incurred by 17吃瓜在线). The Contributor must immediately notify 17吃瓜在线 in the event of any change in his/her tax residence.
   b.	New Clause		Agreement to self billing for UK VAT registered Contributors. The Contributor, if based in the UK, must (as part of the Registration process or otherwise) complete a declaration confirming whether they are registered for Value Added Tax (VAT) in the United Kingdom. Where the Contributor is registered for VAT, the Contributor agrees that 17吃瓜在线 will self bill the Contributor. 17吃瓜在线 will issue self-billed invoices to the Contributor for all taxable supplies made to 17吃瓜在线 by the Contributor (Taxable Supplies is defined by HM Customs & Excise as all goods and services which are VAT rated). The self-billed invoices will include the Contributor's name, address and VAT number, together with all other details that constitute a full VAT invoice. 17吃瓜在线, whose VAT number is 718 2941 23, will agree new terms for self billing with the Contributor in the event that 17吃瓜在线's VAT number changes and 17吃瓜在线 will inform the Contributor if the self-billed invoices are outsourced to a third party. 17吃瓜在线 will add VAT onto the royalties paid in accordance with the standard rate of VAT in force at the time of the transfer. If it is subsequently found that the Contributor was not VAT registered or has failed to provide accurate and current information relating to his or her VAT status, then the Contributor shall immediately on demand by 17吃瓜在线 repay to 17吃瓜在线 any VAT paid over incorrectly (together with any associated interest and penalties incurred by 17吃瓜在线) . The Contributor agrees that they will not issue VAT invoices for Taxable Supplies covered by this agreement. This self billing agreement will expire in line with the end of the Contributor contract. The Contributor must immediately notify 17吃瓜在线 in the event of any change in his/her VAT registered status, a change of their VAT number or if they sell all or part of their business.
   c.	New Clause		17吃瓜在线 may recover by debiting the Contributor's account any moneys due to 17吃瓜在线 under clauses a or b above in respect of tax and any associated interest or penalties.

8. Distribution

   Clause	Change	Original	Replacement
   b.	Amendment	The Contributor agrees that they will specify in which territories they wish their Images to be available and once these territories have been selected the Contributor cannot deselect territories until 31 March 2004.	The Contributor agrees that they will specify in which territories they wish their Images to be available and once these territories have been selected the Contributor cannot deselect these territories until the date specified on the Distribution page of the 17吃瓜在线 website.

1^st July 2003

User: info@alamy.com, Date: 01/07/03, Time: 12:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the 17吃瓜在线.com contributor's agreement.

You can view the contributor agreement which was on the site between 12.20 GMT, 9th December 2002 and 12.00 GMT, 1st July 2003 by clicking here.

If a clause has changed in no major way except in number then this has not been listed. Please note where previously we referenced to a Clause number in the agreement we have now referenced to a Clause heading. These changes have not been listed. If there has been a spelling or grammatical change then this has not been listed.

Contributor contract changes

1. 7. Distribution
   This has been inserted:
   5. The following clause applies only to Contributors who have not agreed to the 17吃瓜在线 distribution scheme outright, or have only selected certain territories in which their Images are not available to 17吃瓜在线 Distributors;
      From time to time 17吃瓜在线 produce promotional material that is issued to prospective and existing Customers worldwide. Promotional Material is defined as solely existing in print and does not include Images presented online. In cases where Promotional Material is requested by 17吃瓜在线 Distributors, 17吃瓜在线's Distributors have the right to sell any Images that are included in 17吃瓜在线 Promotional Material. Sales to Distributors of Images included in promotional material will be charged at the contributor's normal rate of commission and not at the Distributor commission rate.
8. 8. Breaches of licenses by Customers
   Clause a, this has been deleted;

   "is providing a low cost broker service and that it"

   Clause b has been amended to this:
   2. In the event of any alleged breach of any license by a Customer or any other Infringement of intellectual property or other rights, the contributor may either take action themselves against the Customer or request 17吃瓜在线.com to take action.

   In the event of the contributor taking action then 17吃瓜在线.com's sole obligations shall be to:

   1. supply the contributor with the information on its database relating to that Customer; and
   2. provide testimony in any action which may be brought by the contributor by verifying the terms of the contract entered. Prior to giving this assistance 17吃瓜在线.com may require the contributor to have indemnified 17吃瓜在线.com for all of the costs and expenses of any such action including at 17吃瓜在线.com's discretion providing and securing the costs of 17吃瓜在线.com's legal and other advisers.

   In the event of the contributor authorising 17吃瓜在线.com to take action 17吃瓜在线.com may:

   3. make such claims and take such action as may be necessary (in the opinion of 17吃瓜在线.com) in connection herewith. Fifty percent (50 %) of all amounts recovered by 17吃瓜在线.com in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by 17吃瓜在线.com in connection herewith) shall be paid to the Contributor. Nothing herein shall limit Contributor's right to make such claim or to take such action.
9. 9. Representations, warranties and undertakings by contributor
   This:
   6. where the contributor has indicated that a release is available they must have access to that release and must be able to make it available to 17吃瓜在线.com if it is requested by 17吃瓜在线.com;
   has been replaced by:
   6. where the contributor has indicated that a release is available he/she must have access to that release and must be able to make the original available to 17吃瓜在线.com if it is requested by 17吃瓜在线.com;
   This has been inserted:
   7. The contributor warrants that all information he/she gives to 17吃瓜在线.com by any means (including without limitation via the 17吃瓜在线.com web site or through spreadsheets) concerning model and/or property Releases for any Images will be true and accurate and that all model and/or property Releases of which 17吃瓜在线.com is informed of by the contributor will (a) be legally binding and (b) (except as otherwise notified to 17吃瓜在线.com via the 17吃瓜在线.com web site or, with the agreement of 17吃瓜在线.com, via email) authorise all uses of the Images anywhere in the world including without limitation uses in relation to sensitive issues. The contributor agrees to indemnify 17吃瓜在线.com against all losses, damages, expenses and costs (including legal costs) arising out of any breach of this warranty, including without limitation where the contributor has stated there is a release for an Image but no such release exists, or where the contributor has stated information regarding the release which proves to be incorrect.
11. 11. Pricing and promotion
    This:
    4. Where an Image has been used in a printed promotional piece then the contributor agrees that the Image will remain available for sale on the 17吃瓜在线.com site for a period of two years from the date of publication/distribution of the promotional material, unless the Image has been sold exclusively otherwise than via the System or the contributor has assigned exclusive rights for that Image to a third party. This clause to stand even if the contributor wishes to terminate their contract.
    has been replaced by:
    4. Where an Image has been used in a printed promotional piece by 17吃瓜在线.com then the contributor agrees that the Image will remain available for sale on the 17吃瓜在线.com site for a period of two years from the date of publication/distribution of the promotional material, unless the Image has been sold exclusively for world rights otherwise than via the System. This clause to stand even if the contributor terminates their contract.

9^th December 2002

User: info@alamy.com, Date: 09/12/02, Time: 12:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the 17吃瓜在线.com contributor's agreement.

Our contributor contract has been altered, principally to accommodate the additional clauses which relate to Distribution (if you have chosen to participate). However, we would also like to alert you to the change to our policy on deleting Images clause 1 c) which applies to all Contributors.

You can view the contributor agreement which was on the site between 10.00 GMT, 02 May 2002 and 12.00 GMT, 9th December 2002 by clicking here.

If a clause has changed in no major way except in number then this has not been listed. All clause numbers after no.5 in the old contract have changed their number. For example clause no.6 now becomes clause no.8 and so on. Please note where previously we referenced to a Clause number in the agreement we have now referenced to a Clause heading. These changes have not been listed. If there has been a spelling or grammatical change then this has not been listed.

Contributor contract changes

This has been inserted:

• Clause 1c Preliminary

  Delete any Images at any time, subject to clause 9, d has been replaced by:
  Delete any Images after one hundred and eighty (180) days notice, subject to the section entitled "Pricing and Promotion", clause d.
  
  
• Clause 2 Definitions
  This has been inserted:
  "Distribution Sales Commission" means the percentage commission charged by 17吃瓜在线.com on the net licence fee as set out in the 17吃瓜在线.com fees and commissions Schedule on all sales made by Distributors
  This has been inserted:
  "Distributor" means any third party company appointed by 17吃瓜在线.com to sell contributor's Images to end user Customers in territories to which the contributor have given their agreement.
  
  "Listing Services"
  means the services which may be provided by 17吃瓜在线.com in respect of the display and...
  has been replaced by:
  "Listing Services"
  means the services which may be provided by 17吃瓜在线.com in respect of the submission, storage, display and...
  
  
• Clauses 5 b, c, & d have become Clause 6 a, b & c
  
  
• This has been inserted:
  Distribution
  7.
  1. If the contributor agrees to their Images being sold through a Distributor by confirming through the 17吃瓜在线.com website, in writing, by email, or verbally to a member of the 17吃瓜在线.com staff then all of the contributor's Images will be available for sale by Distributors in the territories specified.
  2. The contributor agrees that they will specify in which territories they wish their Images to be available and once these territories have been selected the contributor cannot deselect territories until 31 March 2004.
  3. The contributor agrees that for all sales made by Distributors the contributor will pay the distribution sales commission.
  4. Non-withstanding the clauses above the contributor's rights of termination as laid out in the Section entitled "Termination" remain unaffected, as do their rights in regards to removing individual Images.
• Clause 9 Representations, warranties and undertakings by contributor This has been inserted:
  8. any information supplied for display with any Image, including captions, key words, descriptions, pseudonyms, agency names and descriptions does not include information not pertaining to the specific Image itself including but not limited to contact details, web addresses, Uniform Resource Locator's (URL's) and copyright and rights management information.

2^nd May 2002

User: info@alamy.com, Date: 02/05/02, Time: 10:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the 17吃瓜在线.com contributor's agreement.

You can view the contributor Agreemet which was on the site between 17.00 GMT, 27 February 2002 and 10.00 GMT, 02 May 2002 by clicking here.

If a clause has changed in no major way except in number then this has not been listed. If there has been a spelling or grammatical change then this has not been listed. All clause numbers after no.9 in the old contract have changed their number. For example clause no.10 now becomes clause no.11 and so on.

Contributor contract changes

Has been replaced by the following table:

Zone 1
For Contributors with a registered payment address in Austria, Belgium, Canada, Denmark, Finland, France, Germany, Gibraltar, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States of America.

Zone 2
For Contributors with a registered payment address in all other countries not listed above.

1. Preliminary

   1. Replaced "third parties" with "Customers"
   2. Replaced "in the listing confirmation" with "at Registration"

   This has been inserted:

   Under this contract the contributor has the right to:

   1. Control country, usage, media type and industry in which their Images are available for sale in.
   2. Control whether each Image they submit is displayed as a licensed (with or without rights protection) or royalty free Image.
   3. Delete any Images at any time, subject to clause 9, d.
   4. Update the System, and must do so in respect of any sale on exclusive terms not made via the 17吃瓜在线.com System.
   5. Supply their Images on a non exclusive basis and may therefore sell their Images in any other way they wish.
   6. Set their own prices for their Images if the contributor is a royalty free agency.

   A contract shall be entered into between 17吃瓜在线.com and any copyright owner or agent when the "I Accept" button is clicked following the display of a completed listing confirmation. The contract shall comprise that listing confirmation Form and the terms and conditions set out or referred to below.

   The contract may be varied or substituted at any time by the completion of a new listing confirmation. The contract may be terminated by 17吃瓜在线.com or the copyright owner or agent in accordance with clause 14 below.
   has been replaced by:
   A contract shall be entered into between 17吃瓜在线.com and any copyright owner or agent when the Registration process is completed by the contributor and they have ticked the accepting the contributor agreement box during the Registration Process.

   The contract shall comprise that Registration Form and the terms and conditions set out or referred to below.

   The contract may be varied or substituted at any time under clause 3 c below. The contract may be terminated by 17吃瓜在线.com or the copyright owner or agent in accordance with clause 15 below.

2. Definitions

   The following definitions shall apply:"Agent"
   Replaced" in the listing confirmation applicable to any Image "with" at Registration

   "Cleared Funds"
   means funds available to pay the contributor from licence sales made, where the time to clear the funds shall be the longer of either 45 days from the date of the licence sale or the date on which receipt of the funds for the sale is cleared in 17吃瓜在线.com's bank account.
   has been replaced by:
   "Cleared Funds"
   means funds available to pay the contributor from licence sales after receipt of funds for the sale has been cleared in 17吃瓜在线.com's bank account but not sooner than 45 days from the date of the licence sale.

   "Collector"
   Replaced "in a listing confirmation" with "at Registration"

   This has been inserted:
   "Commission" means the 17吃瓜在线.com commission on the net license fee

   "Contributor"
   Replaced "the listing confirmation" with "Registration"

   "Copyright Owner"
   Replaced "recorded in the listing confirmation form applicable to that Image" with "at Registration"

   This has been inserted
   "Custom Pricing"
   means pricing agreements entered into with Customers where Images are licensed for set amounts, dependent upon usage, These license prices may vary from those of the 17吃瓜在线.com license calculator.

   "Listing confirmation"
   means the on-line display on the System at the time the contributor clicks the "I agree" button and which will have detailed:

   1. the name and address of the contributor and the bank account details (if applicable) for payment to the contributor.
   2. the currency in which the contributor desires that net license fees which are Cleared Funds are to be remitted to him/her
   3. where the contributor is an agent the name and/or identification reference code for the copyright owner of each Image being provided by the contributor
   4. the 17吃瓜在线.com Gallery in which the Image is to be displayed which may be a
      1. Royalty-free gallery; or
      2. a Traditional license gallery;
      3. a Collector's gallery;
   5. the listing services selected by the contributor for each Image
   6. any Prior Rights or any restrictions as to territory, media or otherwise which are to apply to the broker appointment of 17吃瓜在线.com for any Image
   7. if applicable, the contributor's permission for Images to be made available on a discounted basis or subscription basis to educational and/or charitable organisations
   8. when available on the System and, if applicable, the contributor's request that net license fees attributable to selected Images be paid to a charity of the contributor's choice

   has been replaced by:
   "Listing confirmation"
   means the on-line display on the System called my Images used by the contributor to assign attributes to Image(s), including but not limited to license types, license restrictions, keywords, descriptions, captions and pseudonyms.

   This has been inserted:
   "My Account" means the website pages in which the contributor details are specified.
   "My Images" means the website pages which the Images contributed by the contributor are displayed and where relevant details for Images may be added or amended.
   "Order Processing Fee" means the 17吃瓜在线.com fee charged on the gross license fee for credit card processing or invoicing and collection from Customers with accounts.
   For the avoidance of doubt, where a company within the 17吃瓜在线.com group licenses an Image to a Customer, and this license sale is subject to sales tax (e.g. VAT), then the order processing fee is calculated on the net license fee and the sales tax. element added together.
   "Registration"
   means the on-line display on the System at the time the contributor clicks the "Register" button at the end of the Registration process and which will have detailed:

   1. the name and address of the contributor and the bank account details (if applicable) for payment to the contributor.
   2. the currency in which the contributor desires that net license fees which are Cleared Funds are to be remitted to him/her.

   "Storage Fee" means the 17吃瓜在线.com fee per Image per month, or part thereof, levied in advance on the first day of the month. This fee will come into effect on 1st March 2003.

   "Traditional License"
   Replaced "License in 17吃瓜在线.com's standard granted by..." with "License in 17吃瓜在线.com's standard form granted by..."

   "Traditional Licensing"
   Replaced "... or catalogue of "Images Section" intended for licensing..." with " or catalogue of Images intended for licensing..."

   This has been deleted:
   "Termination Fee"
   means the fee payable for withdrawing an Image from the System as described in these terms and conditions.

3. Contracting parties

   Replaced:

   1. The broker contract represented by a listing confirmation and these terms and conditions are between 17吃瓜在线.com and the contributor. licenses are entered into by 17吃瓜在线.com as agent for the copyright owner of an Image.
   2. 17吃瓜在线.com may change these terms and conditions by giving 45 days prior notice at any time.
   3. No person who is not a party to the contract may enforce any term or condition of it.

   With

   1. The broker contract represented by Registration and these terms and conditions are between 17吃瓜在线.com and the contributor.
   2. Where the contributor is the copyright owner 17吃瓜在线.com is agent for the copyright owner. Where the contributor is itself agent for the copyright owner 17吃瓜在线.com is sub-agent but 17吃瓜在线.com's contract is with the agent only.
   3. 17吃瓜在线.com may change these terms and conditions by giving 45 days prior notice at any time.
   4. No person who is not a party to this contract (including any copyright owner or sub-agent of a contributor) may enforce any term or condition of it and the contracts (rights of third parties) Act 1999 shall not apply.

4. Appointment of 17吃瓜在线.com

   This has been inserted:

   2. Where the contributor is an agent s/he warrants that s/he has the authority of the copyright owner to enter into this contributor agreement.

5. Broker commission, fees, payment and acceptance

   2. "The contributor shall report all sales made by the contributor or the contributor's sub agents where either the sale has originated from a search on the website maintained by any company in the 17吃瓜在线.com group, or where 17吃瓜在线.com has provided a high resolution Image for the fulfilment of the sale by a contributor."
   has been replaced by:
   2. "The contributor shall report all sales made by the contributor or the contributor's sub agents where either a sale was made where a Customer has stated that the Image they require was found on the website maintained by any company in the 17吃瓜在线.com Group, or where 17吃瓜在线.com has provided a high resolution Image for the fulfilment of the sale by a contributor. A statement by a Customer as to where they first found an Image shall be conclusive evidence as between the contributor and 17吃瓜在线.com as to whether the Image was found via the 17吃瓜在线.com website "
      
   3. the amount due to 17吃瓜在线.com for the month, which shall be calculated as the relevant percentage as set out in the 17吃瓜在线.com Fees and commissions schedule multiplied by the total amount collected in the relevant month of all previous sales, or, if the contributor so wishes, the relevant percentage multiplied by the amount of net sales in the month.
   has been replaced by:
   3. the amount due to 17吃瓜在线.com for the month which shall be calculated as 10% of the amount collected or, if the contributor so wishes, invoiced in respect of sales of Images (net of any transaction of sales tax including VAT) in the previous month.
      
   3. Replaced "15 days" with "30 days".
   4. Deleted " or the amount of the termination fee."
   6. Replaced " in the listing confirmation" with "at Registration".

7. Representations, warranties and undertakings by contributor

   The contributor represents, warrants and undertakes to 17吃瓜在线.com as follows:

   This has been inserted:

   1. The contributor has detailed in the relevant field in "My Images" all prior rights applicable to each Image.
   5. the contributor has reviewed each Image supplied by him/her and has secured any Releases relevant to each Image;
      Has been replaced with:
   5. where the contributor has indicated that a release is available they must have access to that release and must be able to make it available to 17吃瓜在线.com if it is requested by 17吃瓜在线.com;
   6. captioned information provided with any Image is accurate and does not infringe the rights of any third party;
      Has been replaced with:
   6. any information supplied with any Image or for use on the 17吃瓜在线.com website is accurate and does not infringe the rights of any third party, and is not defamatory or pornographic. This information includes, but is not limited to, captioning, keywording, descriptions and pseudonyms;

   This has been inserted:

   7. the contributor understands that they assign the license types available on the website to each Image they submit, and that the contributor understands the implications of each license type(s) they select. The contributor understands that once a license type is chosen it cannot be changed.
   8. the contributor will not supply to any third party any Image which is Substantially Similar to any of the contributor's Images which if it were the Image itself would conflict with any prior rights, with the exception that Images may be supplied by the contributor to any third party for the contributor's personal promotional purposes; and has been replaced with:
   8. the contributor will not supply to 17吃瓜在线.com any Image which is the same or Substantially Similar to any of the contributor's Images that have been supplied to a third party under any exclusive arrangement. These parties may include, but are not limited to, agencies and Customers; and

8. Obligations of 17吃瓜在线

   3. to use its reasonable commercial endeavours utilising the System, to obtain reasonable licensing fees for traditional licenses.
      This has been inserted:
      "though reserving the right to price in accordance with the clauses in Section 9."

9. This has been inserted:

   Pricing and promotion

   1. 17吃瓜在线.com offers Custom Pricing to some of its Customers and Contributors agree that their Images can be sold at these rates without 17吃瓜在线.com having to consult Contributors.
   2. 17吃瓜在线.com offers its Customers the ability to price up all Images on its site by using a license calculator. The contributor agrees that 17吃瓜在线.com can sell Images at the prices from this calculator without 17吃瓜在线.com having to consult Contributors, subject to clause 9 c. below.
   3. Promotion - 17吃瓜在线.com shall have the right to offer Customers promotions on Images to promote the 17吃瓜在线.com service. For example promotions may include, but are not limited to, acquiring new Customers or stimulating buying from existing Customers by offering discounts.
   4. Where an Image has been used in a printed promotional piece then the contributor agrees that the Image will remain available for sale on the 17吃瓜在线.com site for a period of two years from the date of publication/distribution of the promotional material, unless the Image has been sold exclusively otherwise than via the System or the contributor has assigned exclusive rights for that Image to a third party. This clause to stand even if the contributor wishes to terminate their contract.

12. Credits, copyright notices and promotion

    1. 17吃瓜在线.com shall in its gallery include the copyright notice supplied with the Image and request Customers who for editorial purposes take a traditional license of any Images to add that notice to the work or material to which the Image is added.
       Has been replaced with:
    1. Customers of 17吃瓜在线.com using Images for editorial purposes will be instructed to credit the photographer and, where applicable, the agency name.
    3. Contributors may use 17吃瓜在线.com's trademarks or service marks in any advertising, promotions or publicity without 17吃瓜在线.com's prior written consent, providing it is not pornographic, defamatory, libellous or otherwise unlawful.
       Has been replaced with:
       3. Provided Contributors acknowledge 17吃瓜在线.com's rights they may use 17吃瓜在线.com's trade marks in any lawful promotion or publicity without 17吃瓜在线.com's prior written consent. Pornographic, defamatory or other unlawful use including use in unsolicited electronic communications is not permitted.

    This has been deleted:

    2. 17吃瓜在线.com shall have the right to offer Customers promotions on Images to promote the 17吃瓜在线.com service. This may result in lower than expected revenues from a contributor's Images.

14. "Liability of 17吃瓜在线" replaced with "Liability of 17吃瓜在线.com"

15. Termination

    1. The contributor may terminate this contract:
       1. on 45 days' prior notice to 17吃瓜在线.com at any time save that where 17吃瓜在线.com has substantially contributed to the digitisation of the Images of any contributor, no termination may be effected earlier than 12 months from the date of the contract;
          Has been replaced with:
    1. The contributor may terminate this contract:
       1. on 45 days' prior notice to 17吃瓜在线.com at any time, except when 17吃瓜在线.com has substantially contributed to the digitisation of the Images of any contributor, when, in this case only, the minimum contract period shall be 12 months;
    This has been inserted:
    6. 17吃瓜在线.com gives 6 months' notice to the contributor.
    This has been deleted:
    6. b: Invoice a termination fee equal to the credit balance on the account of the contributor not exceeding US $25;

27^th February 2002

User: info@alamy.com, Date: 27/02/02, Time: 17:00:00 GMT

Alteration to the contributor agreement

1. Commission on net licence fees for an Image sold through a collection section Units = %, Amount = 20.00
   Replaced with this:
   Commission on net licence fees for an Image sold through a collection section Units = %, Amount = 0.00
2. This: storage fee per Image per month...........................effect on 1st March 2002
   Replaced with this:
   Storage Fee per Image per month...........................effect on 1st March 2003

28^th November 2001

User: info@alamy.com, Date: 11/28/01, Time: 16:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the 17吃瓜在线.com contributor's agreement.

All of the changes are listed below and most of them are related to the language and wording of the contract.

The four changes with most significance are:

1. Collectors are entitled to a 20% commission on sales made through collections, on top of other commission and charges.
   Please Note that collections works on a voluntary basis, if you haven鈥檛 been invited to volunteer then these fees do not apply to you.
2. The 17吃瓜在线.com commission applies on any sales resulting from a search on the website or where the sale is fulfilled by 17吃瓜在线.com.
3. Credit card processing fees of gross license fee has increased from 3.50% to 5.00%
4. Payment fees for cheques have increased from US $5.00 to US $8.00 and from US $8.00 to US $11.00 for Wire transfer fees.
   

Please note account fees have remained the same at 5% and the great majority of 17吃瓜在线.com trading is through account Customers.

Unless otherwise stated units, amounts and timings will remain the same. If a clause has changed in no major way except in number then this has not been listed. All clause numbers after no.9 in the old contract have changed their number. For example clause no.10 now becomes clause no.11 and so on.

Contributor contract changes

17吃瓜在线.com listing confirmation form

• 17吃瓜在线.com LISTING CONFIRMATION FORM
  Replaced with
  17吃瓜在线.com FEES AND COMMISSIONS SCHEDULE
• CREDIT CARD PROCESSING FEE OF GROSS CLEARED FUNDS Units = %, Amount = 3.5
  >Replaced with
  CREDIT CARD PROCESSING FEE OF GROSS LICENSE FEE Units = %, Amount = 5
• INVOICING AND COLLECTION OF FUNDS FROM CUSTOMERS WITH ACCOUNTS
  Replaced with
  INVOICING AND COLLECTION OF GROSS LICENCE FEE FROM CUSTOMERS WITH ACCOUNTS
• This added:
  Collector commission
  Commission on net licence fees for an Image sold through a collection section units = %, Amount = 20.
• 17吃瓜在线.com commission of gross cleared funds for Austria, Belgium鈥︹�︹��United States of America
  Replaced with
  17吃瓜在线.com commission of net licence fee for Contributors with a registered payment address in Austria, Belgium鈥︹�� United States of America
• 17吃瓜在线.com commission of gross cleared funds for all other countries (not listed above)
  Replaced with
  17吃瓜在线.com commission of net licence fee for Contributors with a registered payment address in all other countries (not listed above)
• Payment Frequency
  Account Balance (net of commissions) is > US $250.
  Replaced with
  If account balance (net of commissions) is > US $250 of Cleared Funds
• Payment Fees
  Cheque Fee - City Bank Processing and Postage Units = $, Amount = 5.00
  Replaced with
  Cheque Fee - City Bank Processing and Postage Units = $, Amount = 8.00
• Wire Transfer Fee - City Bank Processing and Administration Units = $, Amount = 8.00
  Replaced with
  Wire Transfer Fee - City Bank Processing and Administration Units = $, Amount = 11.00

1. Preliminary

   • The following provisions record the legal terms and conditions upon which 17吃瓜在线.com provides automated on-line broker services for the licensing of Images by copyright owners and agents to third parties.
     Replaced with
     The following provisions record the legal terms and conditions upon which 17吃瓜在线.com Holdings (Jersey) Limited, hereafter referred to as "17吃瓜在线.com" provides automated on-line broker services for the licensing of Images by copyright Owners and Agents to third parties.
   • c) to deduct its commission and fee for listing services
     Replaced with
     c) to deduct its commission and fee for listing Services as set out in the 17吃瓜在线.com fees and commissions schedule.
   • The contract may be varied or substituted at any time by the completion of a new listing confirmation Form. The contract may be terminated by 17吃瓜在线.com or the copyright owner or agent in accordance with clause 13 below.
     Replaced With
     The contract may be varied or substituted at any time by the completion of a new listing confirmation. The contract may be terminated by 17吃瓜在线.com or the copyright Owner or Agent in accordance with clause 14 below.

2. Definitions

   "Agent" means the person whose name and address is provided on-line to 17吃瓜在线.com and recorded in the listing confirmation Form applicable to any Image
   Replaced with
   "Agent" means the person who acts on behalf of the copyright owner whose name and address is provided on-line to 17吃瓜在线.com and recorded in the listing confirmation applicable to any Image

   "17吃瓜在线.com" means 17吃瓜在线.com Holdings Limited or any other person to whom it may assign it rights under this contract Image
   Replaced with
   "17吃瓜在线.com" means 17吃瓜在线.com Holdings (Jersey) Limited or any other person to whom it may assign it rights under this contract.

   • These definitions added:

     "17吃瓜在线.com Fees and Commissions Schedule" means the table set out above which lists the fees and commissions payable or any substitute table of which 17吃瓜在线.com has given notice in accordance with clause 5d.

     "Cleared Funds" means funds available to pay the contributor from licence sales made, where the time to clear the funds shall be the longer of either 45 days from the date of the licence sale or the date on which receipt of the funds for the sale is cleared in 17吃瓜在线.com's bank account.

     "Collector" means the person who maintains a gallery and whose name and address is provided on-line to 17吃瓜在线.com and recorded in a listing confirmation.

     "Collections Section" means the 17吃瓜在线.com gallery that has been maintained by a collector intended for licensing to Customers by royalty-free license or traditional license.

   • "Gallery" means any digital library or catalogue of Images maintained or accessed via 17吃瓜在线.com which shall be divided into a royalty-free section and a traditional licensing section
     Replaced with
     "Gallery" means any digital library or catalogue of Images maintained or accessed via 17吃瓜在线.com which shall be divided into a royalty-free section, traditional licensing section and a collections section.
   • "License Fees" means any sum or sums actually received by 17吃瓜在线.com from any Customer in respect of the license of an Image whether a single payment or a royalty paid over time
     Replaced with
     "License Fees" means any sum or sums invoiced by 17吃瓜在线.com to any Customer in respect of the license of an Image whether a single payment or a royalty paid over time.
   • These definitions added:
     "Gross Licence Fee" means the gross amount billed to the Customer inclusive of any sales or transactions taxes, including but not limited to VAT
     "Net Licence Fee" means the net amount billed to the Customer exclusive of any sales or transactions taxes, including but not limited to VAT.
   • "Listing Confirmation Form"
     Listing confirmation Form
     Replaced with
     Listing confirmation
   • This added:
     c) iii. a collector's gallery;
     d) the currency in which the contributor desires that net license fees are to be remitted to him/her.
     Replaced by
     d) the currency in which the contributor desires that net license fees which are Cleared Funds are to be remitted to him/her.
     h) if applicable the contributor's request that net license fees attributable to selected Images be paid to a charity of the contributor's choice.
     Replaced with
     h) when available on the System and, if applicable, the contributor's request that net license fees attributable to selected Images be paid to a charity of the contributor's choice.
   • This has been deleted from the old contract:
     "Quarter" means each period of 3 months commencing 1st January, 1st April, 1st July, 1st October in each year and the first quarter shall mean the period from the date of the contract to the next commencing quarter.

     AS HAVE ALL SUBSEQUENT REFERENCES TO "QUARTER" IN THE CONTRACT

   • This has been added to the new contract:
     "Sub Agent" means an agent of the contributor who represents the contributor.

5. Broker commission, fees, payment and acceptance

   1. 17吃瓜在线.com shall charge in US Dollars to the contributor:
      i. a commission or commissions at its published rates on all license fees which may include the commission due to any agent who allows an Image to be listed in a section of the gallery maintained by him/her.
      Replaced with
   1. 17吃瓜在线.com shall charge in US Dollars to the contributor:
      i. a commission or commissions as per the 17吃瓜在线.com fees and commissions schedule on all license fees which may include the commission due to any collector who allows an Image to be listed in a section of the gallery maintained by him/her.
   
   
   • This has been added to the new contract:
     2. The contributor shall report all sales made by the contributor or the contributor's sub agents where either the sale has originated from a search on the website maintained by any company in the 17吃瓜在线.com group, or where 17吃瓜在线.com has provided a high resolution Image for the fulfilment of the sale by a contributor. The contributor shall report each month in a format defined by 17吃瓜在线.com, but which will include the following:
        1. the 17吃瓜在线.com group Image reference number
        2. the date of each sale in the month, the sale amount excluding any VAT or sales tax for each Image and the Customer to whom sold.
        3. the amount due to 17吃瓜在线.com for the month, which shall be calculated as the relevant percentage as set out in the 17吃瓜在线.com fees and commissions schedule multiplied by the total amount collected in the relevant month of all previous sales, or, if the contributor so wishes, the relevant percentage multiplied by the amount of net sales in the month.
        4. the traditional licence restrictions relating to each Image, if applicable.

        If at any future time the 17吃瓜在线.com group website has the ability to have the sales information of the traditional licence entered online then the contributor shall be responsible for entering such information online. For the avoidance of doubt if any Sub Agents represent the contributor then the contributor will be ultimately responsible for the correct entry of data onto the website and the reporting of all sales to 17吃瓜在线.com made by the sub agents.

     3. Payment in respect of sales the subject of a reporting obligation under Clause 5b) above shall be made 15 days after the month end. Payment shall either be made in United States Dollars (鈥淯S$鈥�) or British Pounds (鈥淕BP鈥�) at the discretion of 17吃瓜在线.com. Where the base currencies for the sales are different from US$ or GBP then the exchange rate to be used for conversion to GBP or US$ will be mutually agreed by 17吃瓜在线.com and the contributor.
        
        The old section 5b has now become section 5d in the new contract, the wording remains the same but with the following change:
        This has been deleted:
        c) ii. list the Customer name, address and contact details.
        
        
     4. The net balance for each quarter or month shown in the statement shall be paid to the contributor in the currency specified in the listing confirmation Form within 30 days of the end of that quarter or month.
        Replaced by
     6. The net balance for each Month shown in the statement shall be paid to the contributor in the currency specified in the listing confirmation within 30 days of the end of that Month.

7. Representations, warranties and undertakings by contributor

   1. the contributor will ensure that their correct email addresses are supplied to 17吃瓜在线 in accordance with paragraph 16.
      Replaced with
   1. the contributor will ensure that its correct email address is supplied to 17吃瓜在线.com in accordance with paragraph 17.

9. Audit Rights

   The title "Audit Rights"
   Replaced by
   "Audit Rights of contributor on 17吃瓜在线.com"

   3. in the unlikely event of a material dispute between the contributor and 17吃瓜在线.com regarding amounts due to the contributor, 17吃瓜在线.com shall, at a convenient time and upon receiving 30 days' written notice, allow a representative (who shall be either a qualified lawyer or accountant) of the contributor to inspect 17吃瓜在线.com's records which relate only to the contributor's account. The costs of the inspection shall be paid by the contributor providing there has been an underpayment of US $500 or less in any 12 month period, otherwise 17吃瓜在线.com will correct the records, make any payments due and reimburse the actual costs of the contributor's audit.
      Replaced with
   3. in the unlikely event of a material dispute between the contributor and 17吃瓜在线.com regarding amounts due to the contributor, 17吃瓜在线.com shall, at a convenient time and upon receiving 30 days' written notice, allow a representative (who shall be either a qualified lawyer or accountant) of the contributor to Inspect 17吃瓜在线.com's records which relate only to the contributor's account. The costs of the inspection shall be paid by the contributor if it reveals there has been an underpayment of US $500 or less in any 12 month period, otherwise 17吃瓜在线.com will correct the records, make any payments due and reimburse the actual costs of the contributor's audit.

10. Audit Rights of 17吃瓜在线.com on contributor

    • Clause 10 in its entirety has been added to the new contract:
      Audit rights of 17吃瓜在线.com on contributor
      1. 17吃瓜在线.com shall have the right, not more than once every calendar year, to audit the records of the contributor to check that sales made by the contributor which have either originated from a search of the 17吃瓜在线.com group website, or where 17吃瓜在线.com has provided a high resolution Image for the fulfilment of the sale by a contributor, are being reported and paid in line with the reporting requirements detailed in Clause 5b). An independent accountant or lawyer or a member of the 17吃瓜在线.com group internal audit team may carry out the audit.
      2. The 17吃瓜在线.com group shall give 30 days鈥� notice before any such audit shall take place.
      3. The audit of the contributor shall be paid for by the 17吃瓜在线.com group except were the contributor is found to have not paid amounts due to the 17吃瓜在线.com group in excess of US $500 in any 12 month period, above which level the contributor will have to pay the costs of the audit.
      4. If the contributor is found to have withheld payments from 17吃瓜在线.com then 17吃瓜在线.com shall have the right to the following:
         1. interest on all delayed payments calculated at the Bank of England base rate plus 4% from the date from which payment was due to 17吃瓜在线.com.
         2. to be reimbursed the audit costs where the audit reveals an underpayment of 10% or more.
      5. 17吃瓜在线.com reserve the right that if the contributor has withheld funds in excess of US $500 in any one calendar year to terminate the contract with the contributor.
      6. 17吃瓜在线.com also reserves the right to carry out spot checks on Contributors to assess whether they are complying with the requirement to report sales which have originated from a search of the 17吃瓜在线.com group website. These spot checks may include, but are not limited to, contacting Customers who have downloaded a comp Image to see if they have bought the Image direct from the contributor and buying via a third party an Image from the contributor, in respect of which the contributor agrees a refund shall be given if demanded.

10/11. Credits, copyright notices and promotion

3. ...17吃瓜在线's trademarks...
   Replaced with

3. ...17吃瓜在线.com's trademarks...

12/13. Liability of 17吃瓜在线

1. i. exceed the lower of US $1,000 and the net payment made to the contributor by 17吃瓜在线 for the 12 month period prior to the date of the breach; or
   ii. be made more than 12 months after the date of the alleged breach.
2. clause 12a shall not preclude any claim for the death or bodily injury nor any claim arising from wilful default or gross negligence on the part 17吃瓜在线 or any person for whom 17吃瓜在线 is legally responsible for.
   Replaced with

1. i. exceed the lower of US $1,000 or the net payment made to the contributor by 17吃瓜在线.com for the 12 month period prior to the date of the breach; or
   ii. be claimed more than 12 months after the date of the alleged breach.
2. clause 13a shall not preclude any claim for death or bodily injury nor any claim arising from wilful default or gross negligence on the part 17吃瓜在线.com or any person for whom 17吃瓜在线.com is legally responsible.

14/15. Binding effect

• This added to the new contract:
  2. 17吃瓜在线.com may assign this contract to any third party and if it does so references herein to 17吃瓜在线.com shall thereafter be to such third party and references herein to the 17吃瓜在线.com group shall be to any subsidiary of such third party, or the parent company of such third party or any subsidiary of such parent company.

21^st February 2001

User: info@alamy.com, Date: 02/21/01, Time: 16:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the 17吃瓜在线.com contributor's agreement:
The US $2 Review fee already listed, has been withdrawn.

A new fee called the 'Image submission fee' of US $2, has been introduced. The explanations of the charge are defined in the contributor FAQs.

There will be a storage fee of 10 cents per Image per month. This fee will come into force on 1st March 2002.