For the purpose of this terms and conditions sheet the “Client” is Modern Media Group LLC the parent company of Attack of the Fanboy dot com. The “Writer” is the paid contributor to the “Client” and the “Work” is the written articles or other services rendered as an independent contractor.
Work
Writer agrees to produce written materials such as text and articles (the “Work”) at the request of the Client and be compensated commensurate of web page views, tracked internally by the Client. Writer agrees that he/she will be the sole author of the Work, which will be original works by the Writer, free of plagiarism. Writer agrees to use reasonable care to ensure that all facts and statements in the Work are true and that the Work does not infringe upon any copyright, right of privacy, proprietary right, right of publicity or any other right of a third party. Writer agrees that Client has the right to edit the Work as it deems appropriate for publication, and that Writer will cooperate with Client in editing and otherwise reviewing the Work prior to publication. Writer will cooperate with Client if any complaints, claims or litigation should arise regarding the Work. Upon publication of the Work, the Writer confers all rights to its ownership to the Client, and will be compensated by calculating visitors to its URL for a period of thirty days after the publication of the Work and or via a flat rate outlined in section below: Compensation.
Confidentiality
Writer acknowledges that he/she may be furnished or may otherwise receive or have access to information which relates to the Client’s past, present or future work and products, strategies, competitive advantages, vendor lists, other creative works, marketing strategies, pending projects and proposals, and other proprietary information which gives the Client an opportunity to acquire an advantage over its competitors who do not know or use it (the “Proprietary Information”). Writer agrees to preserve and protect the confidentiality of the Proprietary Information and all physical forms thereof, whether disclosed to Writer before this Agreement is signed or afterward. In addition, Writer shall not disclose or disseminate the Proprietary Information to any third party and shall not use the Proprietary Information for his or her own benefit or for the benefit of any third party. Without limiting the generality of the foregoing, Writer shall be prohibited from discussing the Client or the Work with a representative of the press or media, either directly or indirectly, without the Client’s express prior written approval.
Compensation
Client agrees to pay the Writer the following: A varying rate per 1000 page views between $0.00 – $1.50 and or a flat rate floor price for articles depending on Work type. Should any problems occur in calculating page views or views are below threshold for profitability, Writer will be paid one of the following for the Work: $5 News Article, $7 Guide Article, $10 Originals/Lists. Traffic Bonus will be audited for validity at the end of each payment cycle.
Due to changing advertising rates, payment rates are subject to change. The Writer will be notified no less than 3 days prior to this change becoming effective. Incidental expenses and other expenses incurred in the creation of the Work, are absorbed by the Writer, unless the Client expresses prior written approval of said expenses. The Writer will send an invoice on the last day of the calendar month to receive compensation for their Work and be compensated on approved expenses.
Traffic Bonus
To qualify for a traffic bonus the total traffic (Cumulative Total x .003) of the Work must be greater than the amounts that have been paid in flat rate compensation (all time) at the time of the calculation (Last Day of the Month). Traffic bonus is then calculated on the excess traffic above and beyond the flat rate payment amounts for the Work.
An example:
Writer writes 30 articles in the month. Total traffic for the month is 135,000. The mix for the content is 50% guides and 50% news.
Earnings Flat Rate:
15 * 5 = 75
15 * 7 = 105
Flat Rate Earnings – $180
Traffic Bonus Calculation
Is this person eligible for a traffic bonus. Yes.
135,000 (Total Traffic) x n (Traffic Multiplier) = 405
$405 – $180 = $225
$225/n = 75000 Traffic Bonus Views
75000 * (n/2.5) = $93.25
*in this example we are using n = .003. Please note that n varies with seasonal advertising rates.
Traffic Bonuses for the Work are calculated using traffic from the current month only. To qualify for a traffic bonus the Writer must meet minimum requirements pertaining to number of articles (The Work) written in the month and maintain a positive flat rate payment to traffic ratio. Due to the nature of traffic bonus payments and auditing traffic bonuses are paid net-60 days from the end of the month they were earned. The amount that a piece of The Work can be eligible for a traffic bonus is capped at $500 beyond the flat rate payment. Traffic bonuses are counted from time of publication until 30-days after The Work is originally published. Writers will be provided with a 3rd party analytics report that shows a rough estimate of traffic totals and is broken down by each piece of The Work. The Writer is paid on Unique Page Views. Internal traffic metrics are used to determine the final tally on these works and the Google Analytics report should be used as a rough estimate of traffic. Google Analytics may count invalid activity such as content that was not written by The Writer, content that is not eligible for paid views such as archive pages, tag pages, and other.
Conditions
Current Conditions for Traffic Bonus Qualification
- One article written for each day in the calendar month
Current Conditions to participate in Paid Writer Program
- Writer agrees to produce at least 5 articles per week
Conditions for Competitive Disclosures
- Writer agrees to disclose any relationships professional or not with any other websites in which they work as a writer, editor, web developer, content strategist or work with for pay or not in any capacity. Failure to disclose such relationships is grounds for termination as an independent contractor with Attack of the Fanboy.
Conditions for Conflict of Interest
- Writer agrees to disclose any relationships professional or not that could result in a conflict of interest. This includes but is not limited to public relations companies, link building, SEO, game development studios, video game publishers or other.
Please refer to the Termination section below to read the rights reserved on Termination.
If writer does not meet aforementioned quotas it is grounds for release as an independent contractor. During the time at Attack of the Fanboy, The Writer may have access to site related software and programs such as Discord and Trello or others that may be added in the future. Access to these can be removed at any time at Modern Media Group LLC’s sole discretion or of any of its members.
The Writer agrees to complete monthly goals set forth each month, within said calendar month. If the writer does not meet traffic quotas, post number quotas, or other goals set forth, they will not receive payment for any of the previously completed works of a given month. All paid contributors will meet these goals each month or will be considered a voluntary contributor not eligible for payment.
Payments to The Writer may be withheld to reflect or adjusted to exclude any amounts refunded or credited to advertisers and any amounts arising from invalid activity, as determined by Modern Media Group LLC in its sole discretion. Invalid activity is determined by Modern Media Group LLC in all cases and includes, but is not limited to, (i) spam, invalid page views, invalid impressions or invalid clicks on page views generated by any person, bot, automated program or similar device, including through any clicks or impressions originating from your IP addresses or computers under your control; (ii) clicks or views solicited or impressions generated by payment of money, false representation, or requests for end users to click on pages or take other actions; (iii) pages served to end users whose browsers have JavaScript disabled; and (iv) clicks or impressions co‐mingled with a significant amount of the activity described in (i, ii, and iii) above.
Payment and Collection
Unless otherwise specified in writing, writers will be compensated net-60 from the current month on traffic-based payments and no more than 5 days after the end of the calendar month for flat rates in the previous month. Client agrees to pay for each check returned for insufficient funds or any other reason. U.S. residents can elect for a payment via PayPal or via a check. Non-U.S. Residents may use Paypal to collect payments.
Independent Contractors
The Writer is an independent contractor and the agreement in this contract does not create an agency, partnership, or joint venture.
Termination
You may terminate this agreement at any time by contacting Modern Media Group LLC or its owners. This agreement will be considered terminated within 10 business days of Modern Media Group LLC’s receipt of your notice. Upon 14 days of publishing inactivity in your account associated with producing The Work, your account, access to site software or programs, email addresses, as well as this agreement will be terminated. While access to any of the aforementioned tools may be removed sooner while trying to contact The Writer. If the agreement is terminated and your earned balance equals or exceeds $5.00, The Client agrees to pay this balance within 90 days after the end of the calendar month in which the agreement is terminated. Any earned balance below the applicable threshold will remain unpaid. Modern Media Group LLC may at any time terminate this agreement, or suspend or terminate the participation in this agreement for any Writer, for any reason, should there be any cause both listed and unlisted in this document.
If the agreement is terminated due to breach of The Writer, or due to invalid activity as per the conditions listed on this page, Modern Media Group LLC reserves the right to withhold unpaid amounts.
Changes
Any verbal or written changes made by the Client to the scope of the Work or Compensation following its initiation by Writer are subject to additional changes. Should such changes negate any part of the Work already completed at the time of the changes, Client accepts the responsibility for payment of the completed work.
By accepting compensation or payment from Modern Media Group LLC you’re agreeing to these terms and conditions set forth.
Name: ___________________________
Signed: _____________________________
Date: _______________________________
