TBHI Licensing & Product Development Agreement

Below you will find our standard non-exclusive licensing agreement. Updates to this agreement are published regularly at this website address: http://telehealth.org/blog/licensing-product-development-agreement/. Please review it carefully, let me know if you have any problems with any it, and if not, please print, list the name of your Contribution(s) on the empty lines below, sign the agreement it in INK, and surface mail to me at:

Telebehavioral Health Institute, Inc.
1876 Horse Creek Road
Cheyenne, Wyoming 82009

or

FAX it to: 480-393-5570.

I. This agreement is between (print your first and last names)_________________________________, and Telebehavioral Health Institute, Inc. (herein known as “TBHI”), an Internet publishing company. Both parties enter into this agreement regarding publication of the submitted work(s), articles, blogs, cartoons, author interviews or teleworkshops titled or best described as:

 

 

 

II. By signing below, the Contributor demonstrates understanding of and agreement to the following conditions:

A. Articles & Blogs: TBHI publishes two types of articles and one type of blog:

  1. Professional Articles and Professional Blogs are written exclusively by authors who have proficiency in the topic addressed in their “submitted work”. Proficiency, for the sake of TBHI Professional Articles and Blogs, is understood to mean that the Contributor attests to having:
    1. earned at minimum, a master’s degree from an accredited institution
  2. Readers Articles are submissions by non-professionals, that is, everyone else. These articles are published in their own directory, and are clearly labeled for the “Reader’s Article” and clearly designation as such when submitted by the author.

B. Copyright and Ownership.

Contributor grants to TBHI and its affiliates, successors and assigns a non-exclusive, perpetual, royalty-free, worldwide license to electronically publish all material submitted to TBHI. Contributor acknowledges and agrees that copyright notice to be displayed in the publication is that of TBHI, as a compilation copyright. The Contributor also grants to TBHI, the right to publish the submitted material in any format, electronic or not, in TBHI publications or products, including (but not by way of limitation) to web sites, newsletters, blogs, ebooks, podcasts, or future compilations or derivatives. Contributor will not have the right to remove any publication or product from TBHI publications after it has been published by TBHI. Contributor also grants TBHI the right to convey free re-print permission of articles to other educational publications, be they for-profit or non-profit publications. In all such cases, reprinting publishers will be instructed to follow these guidelines as updated on the website in which the Contributed work appears.

Contributor agrees to keep TBHI informed of changes in email, street and telephone number. Two attempts at email contact by TBHI will be considered adequate notice should the Contributor need to be contacted for any reason. Also, given the uncontrollable nature of the Internet, if the Contributor’s works are illegally copied, TBHI will not be held responsible for this violation of copyright law. It is understood that policing of copyright violations, then, is outside the scope of TBHI’s capacity or responsibility.

C. Client Confidentiality.

When writing or discussing clinical issues of any kind, the Contributor fully agrees to adequately conceal all names of patients or clients. Therefore, all submitted names and fact patterns will be unrecognizable compilations or otherwise devised to protect the privacy and confidentiality of clients/patients or their family, friends, or associates previously or currently known by this Contributor or any associates. The Contributor accepts full responsibility for maintaining confidentiality according to the Ethical Guidelines maintained by their respective professional associations, such as for psychologists, the American Psychological Association, and their relevant state, federal or regional laws.

D. Errors & Omissions & Hold Harmless.

The Contributor will not hold TBHI, or any one of its Editors, Staff or Representatives responsible for typographical or informational errors in published material, or access issues related to server breakdowns, infiltration by hackers, phishers, spammers, or other mal-intended trespassers, staff, or any server outages. It is understood that submitted works need to be

  • spell-checked,
  • grammar-checked and
  • approved by the Contributor’s own fact-finding resources

before original submission to TBHI. The Contributor agrees to indemnify and hold TBHI and all of its staff, volunteers, contributors, affiliates, advertisers, sponsors and subcontractors harmless for any and all liability due to the Contributor’s errors and omissions; as well as harmless for any and all harm due to inclusion or exclusion of their submissions in any TBHI publication or product .

It is also understood that submitted material may be subject to editorial license in preparing text for publication according to the standards and guidelines set forth by TBHI, available for review at this website address.

E. Compensation and Fees.

  1. Article/Blog/Cartoon Submissions: The Contributor is voluntarily donating his/her work to TBHI for no monetary compensation. In turn, TBHI agrees to, at a minimum, and for no charge, review the Contributor’s 800-or-less word article or cartoon. Upon acceptance of the Contributor’s work, TBHI will also attach an ‘About the Author’ statement of up to 60 words. Such statements may contain the names of published books or articles, a street address, telephone number and a web address, but no email address. If a Contributor’s work is accepted and published, it will be published and maintained at the sole expense of TBHI. The Contributor warrants that everything submitted as a biographical statement is true, and understands that updates to this biographical statement at any point subsequent to being published online will incur a programming fee to update changes to telephone numbers, addresses, etc. Such fees will be billed at the prevailing hourly rate for web programmers.

  2. Guest Bloggers will be allowed a biographical page as detailed below. With a minimum acceptance and publication of 10 articles, significant Contributors will be allowed to develop and have published a full biographical page, which can serve as free advertising space for the Contributor. A good biographical sketch is written in narrative style, and contains:

    • Contributor name
    • address
    • contact numbers
    • website addresses (single URL)
    • product descriptions
    • product pictures (compressed .gif or .jpeg format)
    • types of services or areas of specialty offered by the Contributor
    • academic or other professional affiliations
    • awards
    • compressed.gif or .jpeg formatted picture of the Contributor and
    • compressed.gif or .jpeg formatted picture of book(s), ebook or podcast cover(s).
  3. Email address(es) to the Contributor will not be published. The Contributor warrants that everything submitted as a biographical page is true, and understands that changes to this already published biographical statement at a later time to accommodate changes will incur a programming fee. 

F. Intellectual Property.

The Contributor warrants that he/she owns the full copyright of the intellectual property listed above, and has complete and unrestricted authority to enter into this agreement. The Contributor agrees to include at least two pertinent references to the scientific literature for each article, cited according to the publication guidelines used in TBHI publications, that is, those of the American Psychological Association. For specifics, please refer to the online magazine and look at other articles at this website: http://telehealth.org/blog.

G. Contact with Readers/Listeners and Indemnification.

The Contributor agrees to indemnify and hold TBHI and all of its staff, volunteers, affiliates and subcontractors harmless for any and all liability due to the Contributor’s errors and omissions, as well as a result of direct or indirect contact with readers, callers or their family, friends, associates, employers, representatives or any other related person(s) or party (parties).

If contacted by readers of the publication, the Contributor agrees to make it clear to the reader that he/she is not affiliated with TBHI or any other product published by TBHI, beyond the relationship of a specific content or product development Contributor. Therefore, the Contributor understands and will not convey any representation of being a spokesperson for TBHI or its publications in any and all matters and accepts full responsibility of being an independently licensed or credentialed professional. If the Contributor participates in a Teleseminar or Telephone Book Tour, the Contributor will answer questions from callers in a general manner, and not infer knowledge or understanding of the caller’s specific situation or offer specific advice to any one caller.

H. Submission Guidelines

The Contributor warrants that submission guidelines linked through this page have been read and followed precisely: http://selfhelpmagazine.com/artguide. Acceptance of Contributor’s submission(s) is not guaranteed. Feedback related to any rejection is not guaranteed. Professional Articles are also peer reviewed.

I. Arbitration.

It is mutually agreed that disputes between the parties shall be submitted to binding arbitration pursuant to the rules of the American Arbitration Association. The place of arbitration shall be Carson City, Nevada; and the decision of the arbitrator or arbitration panel shall be binding upon all parties. This arbitration agreement will continue in perpetuity.

J. Entirety of Agreement.

This document represents the entire agreement between the parties herein mentioned. Any verbal or email exchanges related to this matter are considered valid addenda. All valid changes to this agreement will be made in writing and signed by both parties.

Dated this ______ day of ______________, __________ (year) at Cheyenne, Wyoming. A faxed copy of this signature will be considered legal and binding.

__________________________

Telebehavioral Health Institute, Inc.
Marlene M. Maheu, Ph.D.
Executive Director

1876 Horse Creek Road
Cheyenne, Wyoming 82009

__________________________

Contributor’s Full Signature

__________________________
Contributor’s Full Printed Name

__________________________
Contributor’s Street Address

___________________________________________________________________
Contributor’s City, State Zip Code & Country Second Email Address

__________________________
Contributor’s Home Phone Number

__________________________
Contributor’s Employer

__________________________
Contributor’s Work Address

__________________________
Contributor’s Work Phone Number

___________________________________
Contributor’s License and State of License

___________________________________________________________________________
Contributor’s Highest Academic Degree Achieved, Name of Institution, Year of Graduation

___________________________________________________________________________
Contributor’s Professional Association(s)