AGREEMENT BETWEEN A PUBLISHER AND WEBSITE OPERATOR PERMITTING THE DISPLAY OF ITS PUBLISHED MATERIAL ON WEBSITE in Marathi

AGREEMENT BETWEEN A PUBLISHER AND WEBSITE OPERATOR PERMITTING THE DISPLAY OF ITS PUBLISHED MATERIAL ON WEBSITE

 

THIS AGREEMENT made at____________.on this____________.day of........... 2000 between XYZ Publishing House Private. Ltd. a company incorporated under the Companies Act,1956 and having its registered off ice____________.(hereinafter referred to as the "XYZ" which expression shall, unless repugnant to the context or meaning thereof, be deemed to includes its Successors and Assigns) of the ONE PART and ABC Website Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office ..................... (hereinafter referred to as the "ABC" which expression shall, unless repugnant to the context or meaning thereof, be deemed to includes its Successors and Assigns) of the OTHER PART.

 

WHEREAS

 

(1)The ABC is operating portal on Internet with the domain name'.www.abc.com" and displaying lot of information on various subjects for the use of its viewers.

 

(2) The XYZ is a big publisher and has published about 1000 books containing different subjects. A list of publications of XYZ is annexed to this Agreement and marked as Annexure 1.

 

(3) The ABC has approached XYZ to allow the text with photos, graphics and tables, etc., of its  publications to be displayed on its portal for the use of its viewers and XYZ has agreed to permit the display of the text with photos, graphics and tables, etc. of its publications on the portal of ABC on the terms and conditions hereinafter contained.

 

NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS UNDER

 

(1) XYZ permits the ABC to display the text including photos. Graphics, designs, tables, etc. of the books published by it, a list of which has been given at Annexure 1, of this agreement hereinafter referred to as the "said books" on its portal "www.abc.com" for a period of one year, commencing from the date of these presents. However the portal will display the text of the said books with such system that the text may only be read by the viewers and the viewers may not be able to download any part of the text.

 

(2) XYZ confirms that it is the owner of the copyrights of all the books published by it and therefore it is entitled to assign the copyright of the said books to ABC. XYZ will indemnify and keep indemnified ABC from and against all claims, demands, actions, proceedings, losses, damages, recoveries, judgments, costs, charges and expenses which may be made or brought or commenced against ABC or which ABC may or may have to bear, pay or suffer, directly or indirectly arising from the use of such contents furnished by the XYZ.

 

(3)ABC will be entitled to use the text of the said books of XYZ for its own business purposes. However ABC undertakes that it shall not modify, alter, edit or change the text of the said books on the portal and display the text of the said books in its original form with the name of the book, author and XYZ, along with the text, so that the viewers of the portal may come to know of the name of the book, author and the publisher of the book of which the text

AGREEMENT BETWEEN - A MANUFACTURER OF -PRODUCTS/ SERVICES FOR ADVERTISING ITS PRODUCTS ON WEBSITE

 

THIS AGREEMENT made at ____________..on this____________..day of........... 2000 between Galaxy Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered  office.....................(hereinafter referred to as the "Galaxy" which expression shall, unless repugnant to the context or meaning thereof, be deemed to includes its Successors and Assigns) of the ONE PART and ALPHA Website Advertisers Co. Ltd., a company incorporated under the Companies Act, 1956 and having its registered office.................... (hereinafter referred to as the "Alpha" which expression shall, unless repugnant to the context or meaning thereof, be deemed to includes its Successors and Assigns) of the OTHER PART

 

WHEREAS

 

(1) The Galaxy is manufacturers of various consumer durable items such as Televisions, Stereo Systems, Washing Machines, VCR Video Cameras, Computers, Cooking ranges, etc. and interested to advertise its products through Website on Internet.

 

(2) The Alpha is undertaking advertising through Websites on Internet and it has approached the Galaxy to provide advertising services to Galaxy.

 

(3)The Galaxy, after negotiations with the officials of Alpha have agreed to advertise its products through Alpha on the terms and conditions mentioned herein.

 

NOW IT IS HEREBY AGREED BETWEEN THE PARTIES AS UNDER:

 

(1)The Galaxy agrees to appoint Alpha as its advertising agent for advertising its products on the Website on Internet

 

(2) The Galaxy agrees that the Alpha may use the information provided by Galaxy as part of advertising process for its own business purposes and may provide aggregated usage, viewership and other statistical demographic information associated with Alpha members to potential advertisers for Alpha sponsored websites

 

(3)The Alpha may place advertisements on any page which meets standard broadcast television acceptability guidelines

 

(4)The Galaxy agrees and undertakes that it will not give any advertisement content (textual, graphical or otherwise which (a) is libelous, abusive, obscene, profane, defamatory, inaccurate, sexually explicit, threatening or otherwise illegal (b) promotes, suggests or encourages illegal acts (c) contains expressions of bigotry, racism or hate (d) violates any copyright, trade mark or other intellectual property laws or (e) contains any other advertisements of goods or services except of the products of Galaxy. In case Alpha finds that the Galaxy has committed any violation of the foregoing prohibitions, it will have the right to terminate the