Blogs.Monster Publisher Agreement

Publisher Agreement

Effective Date: August 11, 2021

Welcome Writers!

Welcome to **Blogs.Monster**! We’re thrilled that you’ve chosen to publish with us.

This Publisher Agreement (**“Agreement”**) is a binding contract between you and **Blogs.Monster Inc.** (**“we”**, **“us”**, **“our”**). It contains the rules and restrictions that govern your use of **Blogs.Monster**’s products and services (referred to below simply as **“Blogs.Monster”**) to distribute your newsletters and any content therein. If you use **Blogs.Monster** for this purpose, you are a **Publisher** and will need to create a Publisher account. In this Agreement, we refer to people that subscribe to your newsletters as **Readers**.

Using **Blogs.Monster** in any way means that you agree to this Agreement, and this Agreement will remain in effect while you use **Blogs.Monster**. This Agreement includes everything in this document, as well as those in the **Terms of Use**, **Privacy Policy**, **Content Guidelines**, **Copyright Dispute Policy**, and all other rules and procedures that may be published from time to time by us on **Blogs.Monster**. In the event of any conflict between this Agreement and any other terms and conditions you have agreed to with **Blogs.Monster**, this Agreement will prevail with respect to its subject matter.

You must be of legal age to form a binding contract to use **Blogs.Monster**. If you aren’t, you need to get your parent’s or guardian’s permission to use **Blogs.Monster**, and your parent or guardian will agree to this Agreement on your behalf.

If you’re agreeing to this Agreement on behalf of an organization or entity, you must be authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” throughout this document refer to that organization or entity).

If you don’t agree to all of the following, you may not use or access **Blogs.Monster** in any manner. If you have any questions, comments, or concerns regarding the Agreement or our products and services, please contact us at tos@Blogs.Monsterinc.com.

Ownership

First and foremost, **you own what you create**. Any original content you post, upload, share, store, or otherwise provide to **Blogs.Monster** remains yours and is protected by copyright and any other applicable intellectual property laws.

However, please note that you agree to grant us a **limited** license to your content in order to enable us to operate **Blogs.Monster**. This license allows us to promote your content and help you succeed on **Blogs.Monster**.

You agree that this limited license includes a worldwide, nonexclusive, sublicensable, royalty-free, fully paid-up, transferable right (a) to market your newsletters and to permit others to use, access, and download your newsletters through **Blogs.Monster**, and (b) to use your tradename(s), trademark(s), and logo(s) in connection with the distribution and marketing of newsletters. For further details on this license, please see “Posting Content on **Blogs.Monster**” in the **Terms of Use**, which is incorporated into this Agreement by reference.

Pricing and Payments

You may offer your newsletters for free, or for a subscription fee, to be determined at your discretion. You may set and change the prices for your newsletter at your discretion through your Publisher account, though no price changes will apply retroactively.

If you choose to charge a subscription fee for your newsletter, you agree to the following:

  • No Circumvention: You agree to process payments from Readers only in the manner determined by us... You agree to notify us immediately if you receive any such offer or solicitation to circumvent your payment obligations by contacting tos@Blogs.Monsterinc.com.
  • Taxes: You agree that you shall bear and be responsible for any and all applicable federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments...
  • Revenue Share: You agree to pay us a percentage of the total amount charged by you to Readers (the **“Revenue Share”**)... The Revenue Share percentage is set between you and **Blogs.Monster** during registration of your Publisher account.
  • Revenue Share Payment: During the term of this Agreement, the Payment Processor will pay the Revenue Share owed to us and deduct any applicable fees on a rolling basis...
  • Information Upon Request: You will provide us with all requested data or information about you and your newsletters...

Relationships with Readers

Sole Responsibility: You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any newsletters you distribute through **Blogs.Monster** and for the consequences of your actions by doing so...

Stopping Publication or Deleting a Newsletter: You may delete one or more of your newsletters from **Blogs.Monster** at your discretion. **However, please note that if you delete or stop publishing a newsletter before the end of a paid subscription term of a Reader, any and all obligations – including any refund obligations for the remaining portion of the subscription term – are solely your responsibility...**

Disputes: If there is a dispute between you and a user about payments or any other issue, you agree we are under no obligation to become involved and that we will not be held liable for any such dispute...

Reporting a User: You can flag that a user that is violating our Terms of Use by sending an email to tos@Blogs.Monsterinc.com...

Support: You shall provide to us a current email address to which we may direct inquiries from Readers and other **Blogs.Monster** users regarding your newsletters.

Acceptable Use

You are responsible for all your activity in connection with **Blogs.Monster**! Make sure that you use **Blogs.Monster** in a manner that complies with the law and is permitted by this Agreement...

You also represent and warrant that you will not publish newsletters or otherwise use **Blogs.Monster** in a manner that:

  • is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, objectionable, or in any way violates **Blogs.Monster**’s **Content Guidelines**;
  • interferes with, disrupts, damages, or accesses in an unauthorized manner the devices, servers, networks, or other properties or services of **Blogs.Monster** or any third party;
  • infringes, violates, or misappropriates any law, statute, ordinance or regulation or rights of any third party;
  • spreads a virus, trojan horse, worm, time bomb, or other harmful computer code, file, or program.

Please review the “Acceptable Use Policy” detailed in the **Terms of Use**, as those rules are also incorporated into this Agreement by reference.

Limitation of Liability & No Warranties

Limitation of Liability

To the fullest extent allowed by applicable law, under no circumstances and under no legal theory shall **Blogs.Monster**, its licensors, or its suppliers be liable to you or to any other person for: Any indirect, special, incidental, or consequential damages of any kind, or Any amount, in the aggregate, in excess of the greater of (1) $$100$ or (2) the amounts paid and/or payable by you to us in connection with **Blogs.Monster** in the twelve-month period preceding the applicable claim.

No Warranties

**Blogs.Monster** is provided to you on an **“as-is”** basis. This means we provide it to you without any express or implied warranties of any kind. That includes any implied warranties of merchantability, warranties of fitness for a particular purpose, non-infringement, or any warranty that the use of **Blogs.Monster** will be uninterrupted or error-free.

Privacy

**Blogs.Monster** takes privacy very seriously... For more information on how we process Personal Information please see our **Privacy Policy**...

Where we act as a data processor, you shall ensure that all Personal Information that you supply or disclose to **Blogs.Monster** has been obtained fairly and lawfully and that you have obtained all necessary consents...

Terminating Your Account

Either party may terminate this Agreement at any time for any reason. Upon such termination of this Agreement, your right to use **Blogs.Monster** will immediately cease... We may terminate this Agreement or terminate, suspend, or restrict your access to or use of **Blogs.Monster** at any time, for any reason...

Changes to this Agreement

We are constantly trying to improve our products and services, so this Agreement may need to change along with **Blogs.Monster**... If you use **Blogs.Monster** in any way after a change to the Agreement is effective and notice has been provided, that means you agree to all of the changes.

Miscellaneous Terms

  • Indemnification: To the fullest extent allowed by applicable law, you agree to indemnify and hold **Blogs.Monster**, its affiliates, officers, agents, employees, and partners harmless...
  • Assignment: You may not assign, delegate or transfer this Agreement... We may transfer, assign, or delegate this Agreement and our rights and obligations without consent.
  • Choice of Law: This Agreement is governed by and will be construed under applicable federal law and the laws of the State of California...
  • Arbitration: Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in San Francisco County, California...
  • No Third-Party Beneficiaries: We agree there are no third-party beneficiaries intended under this Agreement.
  • No Joint Venture: You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of **Blogs.Monster Inc.**...
  • Waiver: The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
  • Severability: If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated...
  • Survival: You agree that the terms under the heading “Privacy”, “Sole Responsibility”... shall survive termination of this Agreement.
  • Entire Agreement: You agree that this Agreement is the complete and exclusive statement of the mutual understanding between you and us, and that it supersedes and cancels all previous written and oral agreements...