This licensing agreement (“Agreement”) is made between Plant-A Insights Group LLC (“Plant-A”) and the customer named on the Order Form (“You” or “Your”). This Agreement governs your right to reference your appearance on the rankings list indicated on the Order Form (the “List”) published by Newsweek Publishing LLC (“Newsweek”) using the “List Badge” and “List Title” as they appear on the Order Form.
If the Licensee elects the optional two-year license extension by selecting the applicable checkbox on the order form and remits payment of the corresponding fees, the Term shall be extended to twenty-four (24) months for the package selected, with all other terms and conditions of this Agreement remaining unchanged and in full force and effect.
Upon your payment of the License Fee indicated on the Order Form, you shall be granted a non-exclusive, worldwide, non-transferable, non-sub-licensable license to use the Licensed Materials in the manner (including indicated digital and print use rights) and for the indicated purposes on the Order Form corresponding to the package you chose and the License Fee you paid, for a period of one year from the date of signage for use of Licensed Materials (the “Term”).
The “Licensed Materials” include the List Title and the List Badge.
The net payment terms are 15 days. Payment is expected to be made within 15 days from the date of the invoice. You agree to make timely payments for all invoices, and failure to do so will result in the application of a 2% late payment fee, applied to any outstanding balance for every 30 days overdue.
This fee will be computed based on the total outstanding amount and added to the invoice. The late payment fees will be automatically calculated from the invoice amount starting from the due date. Plant-A will issue written notice of any late payment and reserves the right to modify this schedule with prior written notice.
Any payments made by credit card will incur a 3.5% processing fee, which will be included in the total amount specified on your invoice.
You acknowledge and agree that the Licensed Materials and all right, title and interest therein are and shall remain the exclusive property of Newsweek. All goodwill that arises through the use of the Licensed Materials shall accrue to Newsweek. You agree that you shall not distort, misrepresent, alter the meaning of, or otherwise edit the List Badge or the List Title.
Plant-A may terminate this Agreement upon written notice due to your breach of this Agreement, or where instructed to do so by Newsweek (including for editorial or PR reasons). If Plant-A terminates this Agreement for any reason other than your breach, you shall be entitled to a pro-rata refund of your License Fee for the unelapsed period of the Term.
Upon termination or expiration of this Agreement, your right to use the Licensed Materials shall immediately terminate.
You may not attribute any endorsement or statement to Newsweek other than your placement on the List.
This Agreement contains the full and complete understanding of the parties with respect to the subject matter hereof and supersedes all prior representations and understandings, whether oral or written.
This Agreement shall be construed and governed by the laws of the State of New York, and exclusive jurisdiction for any disputes shall be in the state or federal courts of the State of New York, County of New York.
This Agreement shall be binding upon your successors and assigns. You further agree and acknowledge that Newsweek shall have the right to enforce the terms of this Agreement as if it were a party to this Agreement.