EVOLANCE TERMS AND CONDITIONS
- 1 MANDARINE INTERNAȚIONAL SA, with headquarters in Bucharest, Romania, district 1, 28-30 Academiei street, 8th floor, with CUI RO36225888, registered at the Office of Registry of Commerce Bucharest under no. J40/8533/2016, legally represented by CEO Mr. Gruia Mihai, named in the present document ”Mandarine Internațional”, and
- 2 The partner MANDARINE INTERNAȚIONAL SA, registered in the EVOLANCE programme using the online form available at the link identified after the identification data registered in his personal contributor account, to be named in the present document ”Evolancer”, agree to conclude the present collaboration contract, respecting the terms and conditions that are agreed upon in the present document.
- HEAD NOTE
- 1 Mandarine Internațional is the owner and holder of the website and online publication EvoNews, hosted at the address https://evonews.com, online publication refered to in the present document as ”EvoNews”.
- 2 The online publication EvoNews has the role to inform, and includes specialty articles regarding themes such as health, travel, lifestyle, business, technology and science, entertainment and others, as well as breaking news from all over the world.
- 3 Mandarine Internațional respects the right to self-expression and is open to collaborating with people all over the world, referred to in the present document as ”Evolancers”, who are people that create articles in order to be published in the online publication EvoNews, with the revenue generated by the published articles to be shared between Mandarine Internațional and the Evolancer, respecting the conditions stipulated in the present contract.
- 4 Evolancers are people all over the world, who have the talent and creative and linguistic skills needed to write quality articles on various topics, without necessarily having experience in journalism, publishing online articles or publishing articles in printed media. Mandarine Internațional is open towards collaborating both with professional journalists, people with a certain experience in journalism and writing articles or other forms of literature, and people willing to write and that have journalistic inclinations and, although they are not professional journalists, have the abilities required in order to write quality and informed articles. Evolancers can participate in the programme if they meet the quality and professionalism criteria, with the experience in the field not being the decisive factor.
- 5 EvoNews is a high-quality online publication and that aims towards quality and correct information, therefore any collaboration is conditioned by the quality of the articles, respecting private life and property rights of other persons, good manners and professional media ethics. The articles have to be written by Evolancers by respecting the principles of quality, professionalism, the truth and correct information, using credible and guaranteed sources.
- 6 The online publication EvoNews has a section called the EvoLance platform, especially created for Evolancers and which can be accessed solely by Evolancers and the Mandarine Internațional staff, and not by the readers of the EvoNews publication. The EvoLance platform can be accessed through the online publication EvoNews, from the menu of the website https://evonews.com/.
- 7 The EvoLance platform grants Evolancers access in their Evolancer account, view the information regarding their Evolancer activity, such as: the number of published or unpublished articles, the status of each article, the number of views for every published article, the revenue generated by each article in the Evolancer’s account, the total amount to be paid, the payments that were made, the activity or inactivity of the account etc.
- 8 The current collaboration offers Evolancers the possibility to increase their personal income, by creating professional and quality articles as well as by creating video, audio and photographic materials to be published on EvoNews, the chance to be a real journalist and enter the community of journalists, independent bloggers and writers all over the world that became Evolancers for the online publication EvoNews.
- 9 The total revenue resulting from publishing the articles depends on the number of views that third parties provide to each published article, with the number of views being accounted by referring to the different IP addresses from which the article is accesses. The revenue is represented and generated by advertising, namely by the counter value of advertising materials that are displayed alongside the content of each article, counter value which increases as the articles’ number of views increase as well. Mandarine Internațional holds the exclusive and discretionary right of choosing the advertising materials and their contents, their position within the article as well as how many displays the advertising materials have or whether the article will be accompanied by advertising materials, the duration and content of the respective materials, as well as any other aspects regarding the advertising materials that accompany the articles published on EvoNews, with this activity having the main principle of maximizing and streamlining the revenue resulted from advertising.
- THE OBJECT OF THE CONTRACT
- 1 The object of the present contract is the collaboration between Mandarine Internațional and the Evolancer, which consists in the Evolancer creating specialty articles exclusively for Mandarine Internațional and in order to be published in the online publication EvoNews, articles on topics such as: health, travel, sports, lifestyle, business, technology and science, entertainment and others, as well as breaking news from all over the world, ceding the intellectual property rights regarding the Article by the Evolancer in the exchange of Mandarine Internațional paying royalties that are determined according to the stipulations in the present contract, referring to the revenue generated in the first 30 days after the Article was published, revenue generated from the advertising associated with the Article provided by the Evolancer.
- 2 The contrahents understand by ”article” a written disquisition of variable proportions, generally short, with publicistic characteristics, written on a topic of interest such as: such as health, travel, lifestyle, business, technology and science, entertainment and others, as well as breaking news from all over the world, or other such topics, which can be accompanied or not by video, audio or photographic materials related or not to the discussed topic. The articles can be accompanied or can include solely audio, video or photographic material. When referring to the word ”article” within the present contract, the parties understand to include the video, audio or photographic materials created by the Evolancer or over whom the Evolancer holds copyrights that are given to be published on EvoNews.
- RIGHT AND OBLIGATIONS OF THE EVOLANCER
- Quality of the articles
- 1 Mandarine Internațional promotes only quality articles, written with a high level of expertise, which are well documented and include correct and truthful facts, so that they bring value to the EvoNews publication. The Evolancer has the obligation of creating articles that respect these qualitative principles.
- 2 The Evolancer has the obligation of providing only articles that were created by him, over whom he holds all rights, which respect the laws and traditions of people from various countries and cultures. Articles that promote, under any form, racism, offensive content, pornography, pedophilia, vulgarity, stereotypes related to race, gender, age, religion, ethnicity, nationality, geography, sexual orientation, disabilities, physical aspect or social status, and that promote any kinds of offensive or forbidden discrimination, are banned and will be rejected by Mandarine Internațional. Offensive articles, that attack the person or the private lives of persons, which attack the family institution or that violate the right to respecting private life and the privacy of persons, or that bring offense of any nature to natural or juridical persons, groups of people, organizations, public institutions or any other entities, are forbidden for the Evolancer to write.
- 3 The Evolancer has the obligation of writing and providing original articles, that are his own creation and that have not been previously published in another online publication or, under any other form, on the Internet or in other places, in written and printed publications or in the virtual environment. The Evolancer guarantees committing to this, as well as holding the copyright on the articles.
- 4 The Evolancer has the obligation and responsibility of verifying the sources and information used in creating the articles and make sure of their accuracy and truthfulness.
- 5 The Evolancer is banned to advertise brands or products in his articles. The articles should not have advertising content.
- 6 The articles created by the Evolancer should not have content that is plagiarized or copied from other websites or sources, must respect copyrights and intellectual property rights of other natural or juridical persons or any other entities, as well as respecting trademarks and not reflect on them, under any circumstances, though the content of the articles or the video, audio and photographic materials that are attached to them.
- 7 The Evolancer guarantees the originality, accuracy and quality of his articles, as well as the copyright on them and on the video, audio or photographic materials that are attached to them.
- 8 The Evolancer has the right to respect, in the process of writing the articles, the rules of orthography, punctuation and the grammar rules of the language in which the article is written. The articles will be written in English.
- 9 The articles will be written from an objective and moderate perspective. The Evolancer can express his personal opinion on the aspects in the article objectively discussed within the article, but only by respecting the legal rights of third parties.
- 10 The articles must respect all editing and writing rules within the Editorial Guide – Addendum no. 1 of the present contract, with the risk of the articles being denied publication by Mandarine Internațional, without requiring any motivation.
- 11 The Evolancer guarantees that the video, audio and photographic materials attached to the articles are his property and that by publishing them on EvoNews, third-party rights, including copyrights and other intellectual property rights are not violated.
- 12 The Evolancer is obliged to respect all the laws in his country of residence that regulate the journalistic activity, and in the countries where the law requires freelancers to be authorized, Evolancers have the obligation of committing to all necessary formalities in order to legitimately function.
- 13 The Evolancer is obliged to fulfill all its fiscal duties, with the payment of taxes and contributions generated by the revenue being completely the task of the Evolancer.
- The cession of copyright and intellectual property rights on the articles
- 14 The Evolancer declares and guarantees that he is the sole owner and exclusive creator of the articles presented to the Mandarine Internațional holding in order to be publishedon EvoNews, as well as on video, audio and photographic materials that are attached or are the object of the articles. The Evolancer guarantees their original content, as well as the fact that they were never before published, fully or partially, in any other publication, printed or online, on the Internet, blog posts or on other websites or in any other place, under any other form, printed or virtual.
- 15 The Evolancer cedes through the present contract the intellectual property right and his copyright on the articles accepted by the Mandarine Internațional society in order to be published in the EvoNews online publication, as well as on the video, audio and photographic materials that are attached or are the object of the articles.
- 16 Through the present contract, the Evolancer transfers to the Mandarine Internațional holding the exclusive right to publish in the EvoNews publication the Evolancer’s articles, as well as video, audio or photographic materials that are the object of the articles or that accompany them.
- 17 The Evolancer declares that it is the sole holder of the intellectual property rights on the articles and the video, audio and photographic materials and that he benefits from their total and unlimited availability.
- 18 The Evolancer gives Mandarine Internațional through the present contract the right and permanent and irrevocable authorization to publish, reproduce, modify, adapt, revise and transfer to and on electronic means, the articles that are accepted for publishing, as well as the right to translate them in any other language.
- 19 The Evolancer gives Mandarine Internațional through the present contract the right to extract new articles based on or from the content of his articles, the right to include his articles within other articles, to combine it with other articles in order to create collective articles or of any other kind.
- 20 The Evolancer gives Mandarine Internațional through the present contract the right to share, transfer, sub-contract and exploit in any way the articles or part of their content, fully or partially, and anywhere in the world, under any form, means or technology known in the present or to be developed later on, or by selling the articles to other partner websites, throughout the whole duration of the existence of coyrights.
- 21 The Evolancer has the obligation that, once his article was published on EvoNews, not to further transmit it for publication and not to publish the respective article or parts of it, in other publication or other media, written, printed or virtual, on the Internet or under any other form, since this would violate the rights given to the Mandarine Internațional holding through the present contract. Nevertheless, the Evolancer is free to claim the paternity of the created work, by affirming himself as a creator of the Article within the private or public space.
- 22 The Evolancer accepts, without exception and without reserve and in all possible cases, that by publishing his articles in the EvoNews online publication, other third parties, users of the website or readers of the EvoNews publication can leave comments on his articles, using all possible means, such as (including, but without being limitted to) written messages, photographs, videos, tags etc.
- Responsibility and guarantees of the Evolancer
- 23 The Evolancer guarantees the originality, accuracy and truthfulness of the information in his articles. The Evolancer guarantees that he has copyrights on the articles and that they will not be claimed by third parties. The Evolancer has the exclusive responsibility for violating these guarantees.
- 24 The Evolancer declares himself the sole owner, creator and producer of the articles and guarantees that both their content and publication, sharing and all ways of using his articles do not violate third party rights and neither national or international laws. Should these be violated, or should third parties be prejudiced, the responsibility belongs exclusively to the Evolancer.
- 25 The Evolancer commits not to publish under any form and by no means, in any other online or printed publication, or in any other place, articles that are similar or identical to the ones stipulated in the present contract.
- 26 The Evolancer guarantees and responds exclusively for the following: a) the articles are original and have never been published before or on another website or anywhere else; b) he is the exclusive owner of the articles or hasd the right to guarantee their license; c) publishing the articles does not violate any applicable law, including those that apply on the Internet, rules protecting the right to privacy, publicity, intellectual property, copyrights, contracts or any other right relating to third parties, whether they are natural or juridical parties or other entities; d) the information within the articles do not contradict national or international laws, and do not instigate to violating them; e) obtained all preliminary approvals needed from the people that were introduced and/or filmed or that took part in creating the articles, under any title, having the right to ensure permissions for publishing the articles and give them for use to Mandarine Internațional holding; f) the articles do not contain images that were illegally or inappropriately obtained, nor do they offend the privacy or private lives of persons; g) the articles do not denigrate, nor do they contain false or offensive information.
- 27 The Evolancer is the exclusive responsible for : a) any violation of copyrights, trademarks, trade secrets, publicity rights, any other property rights or any damages caused to third parties by publishing his articles; b) any violation of third parties caused by publishing his articles; c) the content of his articles, violating the laws or the offenses to other brought by the content of his articles.
- 28 From the moment the Evolancer sends the article to EvoNews, he does not have the right anymore to offer this article for publishing to any third party, with the Evolancer having this right only after the expiration of the acceptance period by EvoNews.
- The rights of the Evolancer
4.28 The Evolancer has the right to be paid for ceding the rights regarding the Articole, on the condition that EvoNews accepts the article for publishing.
The article is considered to be accepted for published at the date it is published by EvoNews.
The price is determinable and is calculated as show in section ___________.
- 29 The Evolancer has the right and is encouraged to promote the articles published in EvoNews by any means he finds appropriate, so as the number of readers of the article increases, through various methods, including but without being limited to: promotion on social networks Facebook, Twitter, Snapchat, Instagram, Pinterest, Weheartit etc, promotion by sending the link with the Evolancer’s article to third parties, through written messages, emails, tags, chats, blogs, websites etc, with this publicity having the purpose of increasing the popularity and notoriety of the Evolancer that is the author of the article.
- OBLIGATIONS AND RIGHTS OF MANDARINE INTERNAȚIONAL
- The exclusive and discretionary right of selecting the articles to be published
- 1 Mandarine Internațional has the exclusive and discretionary right of choosing which articles to be published on EvoNews from the articles that the Evolancer sends to the company. The criteria for selecting the articles are exclusively established by Mandarine Internațional.
- 2 Mandarine Internațional does not have the obligation to explain to the Evolancer why his articles that were not published on EvoNews were denied that.
- 3 Mandarine Internațional has the obligation that in the calendar days from receiving the article to communicate to the Evolancer, through the Evolance platform, more specifically by sending a message in his Evolancer account, whether his article was denied from publishing. The articles accepted for publishing will be published by Mandarine Internațional on EvoNews in maximum 7 days after the article was received. Counting as accepting and publishing the article on EvoNews can be taken into consideration even if the accepting of the article was not notified.
- The right to edit articles. The right to intellectual property
- 4 After accepting the article for publication and notifies the Evolancer through the Evolance platform, Mandarine Internațional has the right to make any modification, editing, correction, whether it is regarding grammar or of any other kind, that it considers necessary in order to prepare the article for publication on EvoNews. Mandarine Internațional has the right of changing the article’s title or to complete it, to improve the content of the article, including by adding texts, remove parts of the article’s content, or make any other modification thought of as necessary in order to edit the article, with this right being an exclusive and discretionary one. The published article will display the name of the author – the name of the Evolancer.
- 5 As a result of the copyright cession by the Evolancer, Mandarine Internațional owns all copyrights and rights related to them over articles, as they were ceded by the Evolancer according to the Chapter IV, segment b) from the present contract.
- The exclusive and discretionary right of choosing the advertisements, their contents and display
- 6 The parties agree that once the article is published on EvoNews, advertising material is also displayed. The parties understand and demonstrate that the advertising that accompanies the articles is the only source that generates the revenue depending on which the financial rights of the Evolancer are established.
- 7 Mandarine Internaţional has the right to decided on the advertising material that is to be published on EvoNews. Therefore, Mandarine Internaţional will decide, exclusively and unconditionally, what entities it contracts for displaying their advertising materials, the content of the advertisements, the products and services promoted through advertising, which articles will be accompanied by advertising, the location of the advertising material on the webpage of EvoNews and its position withing the text of the article, the number of times the advertising material is displayed, the price for advertising and other aspects regarding the advertising.
- 8 When choosing the advertising material, Mandarine Internațional will try its best to maximize the revenue, to that the revenue generated for Mandarine Internațional and the Evolancer to be maximized.
- Limiting the responsibility of Mandarine Internațional
- 9 Mandarine Internațional is not responsible in the cases in which the responsibility was established exclusively to the Evolancer, according to Chapter IV in the present contract. Mandarine Internațional is not responsible for the content of the published articles, with the responsibility belonging completely and exclusively to their author, the Evolancer.
- 10 Mandarine Internațional takes all necessary measure sin order to ensure the security of your account and to avoid any harmful external intrusions, with the security systems that are used being state of the art and extremely capable. Nevertheless, online security cannot be 100% guaranteed. It is for this reason that Mandarine International will not be responsible in any case for the potential damages caused to your electronic devices, the network from which the website is accessed or by any other data loss from the Evolance account or from the memory of your devices.
- MODALITY OF COLLABORATING
- EvoLance platform. Creating the EvoLance account
- 1 In order to send articles to Mandarine Internațional, the Evolancer has the obligation of creating an account in the EvoLance platform, found at the address www.evonews.com/evolance.
- 2 In order to gain access to the website of the publication EvoNews and the Evolance platform especially dedicated to the Evolancers’ activity, the Evolancer must create an account on the EvoLance platform, having the obligation to maintain it active throughout the collaboration.
- Uploading articles in EvoLance
- 4 Through the account created in EvoLance, the Evolancer will transmit to the Mandarine Internațional team the articles he requires to be published. Within 3 calendar days from uploading the articles on the EvoLance platform, Mandarine Internațional commits to replying to the Evolancer and notify whether the article was accepted or rejected. Accepting or rejecting an article is announced by sending a message to the Evolancer in this regard, onto his EvoLance account or by email. Should the article be denied publication, the Evolancers regains all rights on the article, and EvoNews has no more rights on the respective article.
- 5 Regarding the selection of articles that are to be published, Mandarine Internațional uses the anti-plagiarisms automatic scanning system.
- 6 Mandarine Internațional does not publish content that is plagiarized or copied from other websites or any other sources, and gives penalties to the Evolancer that uploads on EvoLance articles that obviously do not correspond to our standards. By this, the parties understand the following: articles that are plagiarized or that obviously violate in any other way the rules of writing articles established in the present contract. Therefore, the following will be penalized and rejected: repetitive articles with content that is obviously similar or identical to other articles, articles that are offensive to third parties, articles that contain elements of vulgarity, obscene or offensive language, articles that are obviously not qualitative or that contain false information, articles with grammatical errors of more than 30% of the article’s content, as well as other such articles that obviously violate the rules of writing the articles, as they were established within the present contract.
- 7 Should such articles be uploaded on EvoLance, the Evolancer will receive a warning for every article that violates the rules established within the present contract.
- 8 If the Evolancer accumulates three warnings for uploading such articles onto the EvoLance platform, Mandarine Internațional has the right to withhold the revenue that the Evolancer accumulated in his EvoLance account up to the reference point (the third violation) and/or unilaterally resile from the present contract and cease collaborating with the Evolancer.
- 9 Should Mandarine Internațional decide the unilateral severance of the contract, due to the aforementioned reason, the parties agree that, due to the damages produced to the Mandarine Internațional society, that in order to analyze the articles that didn’t fit the standards, used from its time and personnel resources, the Evolancer will lose the right to cash in any revenue accumulated on his EvoLance account up to the moment the contract is resiled.
- Publishing the article. The revenue produced
- 10 After accepting an article for publication in EvoNews, Mandarine Internațional will publish the article within 7 calendar days after the Evolancer uploaded the article on the EvoLance platform. Mandarine Internațional can modify or make additions to the article before its publication, according to the copyrights transferred by the Evolancer in its favour.
- 11 The moment the article was published on EvoNews or following it, Mandarine Internațional will choose to display advertising materials when the web page hosting the article is accessed, with the company exclusively selecting the materials. Accessing the article by third parties, readers from all over the world, from different IP addresses, will generate revenue from advertising. The advertising revenue is determined using the same methods as in the relationship between the advertising agency and Mandarine Internațional, through adequate information instruments.
- 12 The number of views of every article from different IP addresses is monitored through the CPM system, a system that ensures the transparency and correctness of the monitoring. The number of views will appear in the Evolancer’s EvoLance account, so that both the Evolancer and Mandarine Internațional can track at any moment the number of views the article has and the advertising revenue.
- 13 In his EvoLance account, next to every published article, the Evolancer will be able to track the date at which the article is published, the advertising revenue for each article, for every view from different IP addresses, the number of views determined through the CPM system, as well as total revenue produced within the first 30 days after the article was published. The Evolancer has the right to cash in the price determined according to chapter VII, based on the advertising revenue within the 30 days and by applying the calculation formula.
- The obligation of maintaining the EvoLance account active
- 14 The Evolancer has the obligation to keep the EvoLance account active. The EvoLance account is active if the Evolancer publishes 5 articles/month. Not publishing a minimum of five articles per month gives Mandarine Internațional the right to deactivate the EvoLance account as a form of sanction for the inactivity of the Evolancer and to unilaterally resile from the contract due to the Evolancer’s inactivity. Nevertheless, the Evolancer will have the right to cash in the revenue produced by his articles up to the moment the account is deactivated (payout), but only on the condition that the minimum amount for payment was reached up to that moment, established according to Chapter VII in the present contract. If the minimum amount was not reached, the Evolancer loses the revenue produced by the articles once the account is deactivated.
- 15 Once the EvoLance account was deactivated as a result of the Evolancer’s inactivity, the collaboration of the Evolancer with Mandarine Internațional under the present contract ceases, as well as the contract, once the account is deactivated. A new collaboration requires a new collaboration contract and the Evolancer must fill in a request for activating the initial EvoLance account. Activating the EvoLance account does not mean that the Evolancer has the right to cash in the payments that were previously not cashed in and were lost as a result of the minimum amount for payment was not reached before the account was deactivated.
- Determining the price to be paid
- 1 Every published article produces advertising revenue, determind based on the number of views each article has (the monetization of the article is made through advertising in the CPM system related to the page on which the article is published. The number of views from different IP addresses, belonging to every published article, as well as the revenue produced, are monitored and recorded.
- 2 In his EvoLance account, the Evolancer will be able to view at any time the sums accumulated in his account that were produced by every article.
- 3 The payment for the EvoLancer correlated to the cession of the article is determined by the formula:
- – percentage share (50%) applied to the advertising revenue cashed in by EvoNews for the advertising made on the page on which the provided article is published.
In order to avoid any confusion, the parties show that they agreed upon and understood the following
- 7 The Evolancer has the right the cash in the payment only in the moment in which it accumulated in his EvoLance account the minimum sum of payment, which is:
– $100, if the Evolancer cashes in the revenue by paypal
– $200, if the Evolancer cashes in the revenue through giro payment
- 8 Another condition for the payment to be cashed in is the existence of an active EvoLance account. Should the EvoLance account not be active, there will be consequences according to art. 6.14 and 6.15.
- 9 The payment will be due and the Evolancer will be able to cash in the money in the last day of every month for the articles published in the precedent month.
- Fiscal treatment. Paying taxes and contributions to the state
- 10 The Evolancer is the sole responsible for paying the taxes and contributions for revenue made like so. The price owned to the Evolancer is a gross one, with Mandarine Internațional not having any extra responsibility associated to the price.
The Evolancer recognizes the right of Mandarine Internațional to inform regarding any aspect that may have implications on the fiscal debt of Mandarine Internațional.
- DURATION OF THE CONTRACT
8.1 The duration of the present contract is of one year after it was signed. The contrahents agree upon its automatic annual continuation, should no party manifest the wish to unilaterally end the contract.
- MODIFYING THE CONTRACT
- 1 The Evolancer agrees that possible modifications made by Mandarine Internațional upon the contract, modifications which can be made anytime through the advertising means on the EvoNews website or on the EvoLance platform. The Evolancer accepts to be aware of the modifications brought to the contract, published on EvoNews or EvoLance, through accessing the EvoNews website or EvoLance platform and clicking the accepting of the modifications and amendments brought to his knowledge. Should the Evolancer not accept the amendments and modifications brought, the parties agree that the collaboration and present contract cease. In this situation, the Evolancer will not be able to continue using his EvoLance account, which will be deactivated by Mandarine Internațional and he will receive the full payment of his rights up to that moment.
- ENDING THE CONTRACT
10.1 Ending the contract by resiling it due to the fault of one of the parties takes place in the following situations:
- a) Mandarine Internațional has the right to resile the contract from the Evolancer’s fault when he:
a1) it uploads on the EvoLance platform more than 3 articles that don’t fit the quality standards
a2) violates the clauses in the present contract regarding the use of the EvoLance platform and the rules of using the EvoNews publication
a3) he is inactive, as he does not have a number of 5 articles/month published in EvoNews
a4) uses indecent language or inappropriate in the comments or the comment replies that he makes in his articles or other articles from the EvoNews website
a5) he defames the EvoNews publication.
The resiliation of the contract takes place by sending to the Evolancer a notification in this regard, on his EvoLance account or on his email, and has effect from the moment the notification was sent.
Should the contract be ended in the aforementioned situations, the Evolancer will have the right to cash in the payments he has the right to in the conditions established in art. 6.14 and 6.15, with the payments to be made by the Evolancer only if he reaches the minumum limit of payment, or else the Evolancer definitely loses the sums that do not reach that limit.
- b) The Evolancer has the right to end the contract due to the fault of Mandarine Internațional when Mandarine Internațional:
a1) does not make the payout within 30 calendar days from when it was requested
a2) does not publish on EvoNews the article it accepted for publishing within 20 calendar days after it was uploaded on the Evolance platform.
- 1 The Evolancer is banned to reveal towards third parties, under any form, any information or data regarding the signing, execution or ending the present contract, the internal regulations brought to his knowledge through signing the present contract, regulations regarding the use and functioning of the EvoLance platform or the EvoNews publication, both during the execution of the contract and on a duration of 24 months after the present contract ended, due to any cause. Should the Evolancer not respect this cause, Mandarine Internațional has the right to be paid damages of minimum …… Mandarine Internațional can prove and claim damages superior to this amount, according to the nature and real impact of the prejudice brought to the society.
- THE APPLICABLE LAW
- 1 The law applicable in the contract is the Romanian law.
- LITIGATIONS. INTERPRETING THE CONTRACT
- 1 Interpreting the contract is made following the norms established by the Romanian legislation regarding the interpretation of contracts.
- 2 The litigations regarding the signing, execution or ending the present contract will be amiably solved. In case this is not possible, the litigations will be solved by the competent court houses in Romania, at the headquarters of Mandarine Internațional.
- FINAL DISPOSITIONS
- 1 The present contract was signed in electronic format by both parties, who attest the validity and assuming of all contract clauses as they were agreed upon in the present document, clauses they state they read and understood.
- 2 The present contract has an additional document, that is an integrating part of it – Editorial Guide – Addendum no. 1
- 3 The present terms will be periodically updated, without any preliminary notification, and for this reason it is the Evolancer’s obligation to inform himself and periodically re-read the contract.