Record of contract changes

Record of contract changes

Listed in chronological order on the left are the dates on which alterations were made to the Contributor contract. Detailed explanations of the amendments made, as well as the previous contract, are available by clicking the required date.

9th June 2021

Amendments – 9th June 2021(will come into effect on 24th July 2021 for Contributors registered before 9th June 2021)

We made a set of amendments on 17 May 2021 but following feedback we’ve replaced some of these with the changes listed below. We have extended the notice period for the 17 May 2021 amendments by a further 45 days, meaning both the changes listed below and the 17 May 2021 amendments will come into effect for Contributors registered before 9 June 2021 on 24 July 2021. For Contributors who registered from 9 June 2021 onwards, the new contract was in force from the point of registration.

Terms and conditions of the contract

Clause	Change	Listed 17 May 2021	Replacement
4.1.5.	Amendment	4.1.5. except for any rights that have previously been licensed or granted in relation to the Content, there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content;	4.1.5. subject always to clause 4.1.10, except for any rights that have previously been licensed or granted in relation to the Content, there is not and will not be during the term of this Contract, any limitation or restriction on Alamy’s ability to license the Content;
4.1.6	Amendment	4.1.6. any use or exploitation of the Content by Alamy, a Customer or a Distributor will not be, or be deemed to be indecent, obscene, defamatory, insulting, racist, offensive, indecent, vulgar or violate publicity rights anywhere in the world.	4.1.6. the Content uploaded to the System will not be, or be deemed to be indecent, obscene, defamatory, insulting, racist, offensive, vulgar or violate publicity rights;
5.1.	Amendment	5.1. You will indemnify, defend (at the request of Alamy) and hold Alamy and its affiliates, Customers, Distributors, sub-licensees and assigns (the “Indemnified Parties”) harmless against any and all claims, damages, liabilities, losses, costs and expenses (including reasonable legal expenses) which any of the Indemnified Parties incur arising from or in in relation to: (i) any claim that the Content infringes any third party’s rights including but not limited to any third party trademark, copyright, moral rights or other intellectual property rights, or any right of privacy or publicity; (ii) any use, exploitation or distribution of the Content by the Indemnified Parties; (iii) any claim against Alamy as a result of Alamy or its representatives pursuing an actual or suspected infringement of any Content; and (iv) any breach of any your representations, obligations and warranties under this Contract or the System. This clause will remain in force after the termination of this Contract.	5.1. You will indemnify, defend (at the request of Alamy) and hold Alamy and its affiliates, Customers, Distributors, sub-licensees and assigns (the “Indemnified Parties”) harmless against any and all claims, damages, liabilities, losses, costs and expenses (including reasonable legal expenses) which any of the Indemnified Parties incur arising from or in in relation to: (i) any claim that the Content infringes any third party’s copyright; (ii) any breach of any your representations, obligations and warranties under this Contract or the System. This clause will remain in force after the termination of this Contract.

17^th May 2021

Amendments – 17th May 2021(will come into effect on 24th July 2021 for Contributors registered before 17th May 2021)

The latest amendment to the Alamy contributor contract, published on 17 May 2021, includes important changes to our terms regarding Alamy Commission as well as changes to expand and provide further clarity to the existing terms. For Contributors who registered from 17 May 2021 onwards, the new contract was in force from the point of registration.

The key changes under this amendment are outlined below.

You can view the contributor contract that was in effect between 21 February 2019 and 16 May 2021 by clicking here.

Alamy Commission Table

Alamy Commission models, rates, fees and payment	Current model
	Alamy Blue
	Exclusive Images	Non-exclusive Images
Alamy CommissionFor sales through www.alamy.com	50%	60%
Alamy Distribution Commission For sales through our Distributors	70%(30% to Alamy, 40% to the Distributor)	70%(30% to Alamy, 40% to the Distributor)
Alamy Novel Use Commission For sales through Novel Use	50%	60%
Alamy Video Commission For video sales	50%	60%
Alamy Affiliate Commission	56.5%(43.5% to Alamy, 10% to Affiliate,3% to affiliate provider)	65.2%(52.2% to Alamy, 10% to Affiliate,3% to affiliate provider)
Payment frequency - We will pay you monthly, if your Cleared Funds exceed US $50

Has been replaced by the following table:

Alamy Commission models, rates, fees and payment	Current models
	Alamy Platinum*		Alamy Gold		Alamy Silver
	Alamy Commission	You earn	Alamy Commission	You earn	Alamy Commission	You earn
For Content sales via Alamy Websites	50%	50%	60%	40%	80%	20%
For Content sales via our Distributors after deduction of Distributor fee or commission	60%	40%	60%	40%	80%	20%
For Novel Use Content sales	60%	40%	60%	40%	80%	20%
For Content sales via an Affiliate	57.5%	42.5%	66%	34%	83%	17%
Payment frequency - We will pay you monthly, if your Cleared Funds exceed US $50
*Applicable only to Content that is Exclusive to Alamy when qualifying criteria met.
For further details on commission models and qualifying criteria please see clause 12. Paying You & Commission

Terms and conditions of the contract

Clause	Change	Original	Replacement
2.10	New Clause	N/A	2.10. By marking Content as Exclusive, you grant Alamy the right to chase third party infringements of the Content without Alamy having to consult you. Where pursuing such infringements if it is found that the Content has been licensed through another licensing platform, Alamy has the right to recoup any fees incurred in the pursuit of any action taken.
3.1.	Amendment	3.1. If an Image is deleted, whether by you or by Alamy then any licences then existing will still remain and Alamy will still be able to grant licences for:	3.1. If an item of Content is deleted, whether by you or by Alamy, any Licences granted prior to the date of deletion will remain in full force and effect. Alamy may continue to grant Licences for:
3.1.1.	Amendment	3.1.1. Images relating to a specific use that have already been downloaded by a Customer for the purpose of such specific use prior to deletion, provided that Alamy will only be permitted to grant licences in accordance with this clause 3.1.1 for a period of 2 years following deletion;	3.1.1. Content relating to a specific use that has been downloaded by a Customer or potential Customer for such specific use prior to the date of deletion, provided always that Alamy will only be permitted to grant Licences in accordance with this clause 3.1.1 for a period of two (2) years following the date of deletion;
3.1.2.	Amendment	3.1.2. Images relating to a specific use in respect of which Alamy had entered into negotiations with any Customer or Distributor prior to the date of deletion, provided that Alamy will only be permitted to grant licences in accordance with this clause 3.1.2 for a period of 2 years following deletion;	3.1.2. Content relating to a specific use in respect of which Alamy had entered into negotiations with a Customer or a potential Customer or Distributor prior to the date of deletion, provided always that Alamy will only be permitted to grant Licences in accordance with this clause 3.1.2 for a period of two (2) years following the date of deletion; or
3.1.3.	Amendment	3.1.3. Images that are being re-used, in accordance with 6.4.1.	3.1.3. Content that is being re-used in accordance with clause 6.5.
3.2.	Amendment	3.2. You undertake for yourself and the Copyright Owner that following termination neither of you will enter into any licence or disposal which conflicts with any licence granted by Alamy under this contract.	3.2. You undertake for yourself and on behalf of the Copyright Owner, that at any time during the term of this Contract or following termination of the same, neither you nor the Copyright Owner will enter into any licence or disposal which conflicts with any Licence granted by Alamy pursuant to this Contract.
3.3.	New Clause	N/A	3.3. Where an item of Content is deleted whether by you or by Alamy, you will continue to indemnify Alamy as outlined in clause 5 after the date of deletion for any claims, damages, liabilities, losses, costs or related to the Content.
4.	Amendment of Heading	4. Warranties	4. Contributor warranties, representations & obligations
4.1.	New Clause	N/A	4.1. You warrant and represent that:
4.1.	Amendment and Renumbering of Clause	4.1. You have given full and accurate information at Registration including your full legal name and address and payment details and you will keep that information up to date at all times and You will provide and maintain a valid and accessible email address supplied to Alamy at Registration or at a later date via My Alamy, which we may use to contact you for important account specific information such as contractual notifications, operational updates and service emails.	4.1.1. your Registration is full and accurate and includes your full legal name, address and payment details and that you will keep such information up to date at all times. You will provide and maintain a valid and accessible email address supplied to Alamy at Registration or at a later date via My Alamy, which we may use to contact you for important account specific information such as contractual notifications, operational updates and service emails.
4.1.3.	New Clause	N/A	4.1.3. the Content does not infringe upon any third party copyright and that the Copyright Owner is the sole owner of the copyright in the Content, which is free from any third party rights of the entire copyright
4.1.5.	New Clause	N/A	4.1.5. except for any rights that have previously been licensed or granted in relation to the Content, there is not and will not be during the term of this Contract, be any limitation or restriction on Alamy’s ability to license the Content;
4.1.6	New Clause	N/A	4.1.6. any use or exploitation of the Content by Alamy, a Customer or a Distributor will not be, or be deemed to be indecent, obscene, defamatory, insulting, racist, offensive, indecent, vulgar or violate publicity rights anywhere in the world.
4.1.8	New Clause	N/A	4.1.8. where you have indicated that a Property Release is available: (i) the Release is legally binding; (ii) your representation that a Release is available is true and accurate; (iii) (except as otherwise notified to Alamy via the System) the Release allows the Content to be used for all uses anywhere in the world without restriction including without limitation uses in relation to sensitive issues; (iv) you hold all permissions needed for the exploitation by third parties of the Content, including, without limitation, from owners of products or property depicted in the Content and/or original clients for whom the Content may have been created. and (v) any use or exploitation of the Content by Alamy, a Customer or a Distributor will not violate the rights of any third party, including without limit, any intellectual property rights anywhere in the world;
4.1.9	New Clause	N/A	4.1.9. where you have indicated that a Release is available, you must immediately make the Release available to Alamy if so requested;
4.1.11.	New Clause	N/A	4.1.11. the author of the Content has waived all moral rights in respect of the Content;
4.2.	Amendment and Renumbering of Clause	4.2. (i) You are the Copyright Owner of the Images or have authority from the Copyright Owner to enter into the Contract and that the Copyright Owner is the sole owner free from any third party rights of the entire copyright and all other intellectual property rights throughout the World in the Image except for any rights that have previously been licensed or granted for the use of the Image/s, and that accordingly the Image/s do not infringe upon any third party copyright, trade mark, moral right or other intellectual property rights; or (ii) the Image has been supplied to you to distribute under contract for the uses for which they are proposed to be licensed; or (iii) the Image is entirely free from copyright and no attribution is required.	4.1.2. either: (i) you are the Copyright Owner of the Content; (ii) you have authority from the Copyright Owner to make the Content available in accordance with this Contract; (iii) you have been supplied the Content to make available for the uses for which you have indicated on the System; or (iv) the Content is entirely free from copyright and no such attribution is required
4.3.	Removal	4.3. Where the contract is entered into by an agent on behalf of the Copyright Owner the agent has the full authority of the Copyright Owner to enter into this contract.	N/A
4.4.	Amendment and Renumbering of Clause	4.4. You hold the rights to grant, market, license, sell or assign all rights in the Images, including but not limited to the rights to grant reproduction rights in the Images for digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, to make the Images available for reproduction on physical articles and items including without limitation on prints and posters, to make the Images available on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet, and to include them in any catalogue, Internet sites or marketing in any form (“the Rights”); Subject always to Clause 4.7 except for any rights that have previously been licensed or granted for the use of the Image/s, and that accordingly the Image/s do not infringe upon any third party copyright, trade mark, moral right or other intellectual property rights there is not and will not during the term of this contract be any limitation or restriction on Alamy licensing each Image to a Customer to the fullest extent possible.	4.1.4. you hold the rights to grant reproduction rights in the Content for use: (i) in digital media, print, motion picture, television, video, cable, computer, radio, cartoon or merchandising; (ii) on physical articles and items including without limitation on prints and posters; (iii) on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet; and (iv) in any catalogue, Internet sites or marketing in any form;
4.5.	Removal	4.5. You hold all permissions needed for the exploitation by third parties of the rights, including, without limitation, from subjects or owners of products or property depicted in the Images and/or original clients for whom the Images may have been created. Any exercise by Alamy of the rights shall not violate the rights of any third party (including, without limitation, the rights of the subject of the Images), in particular with regard to laws relating to trade mark, copyright, indecency and obscenity, privacy, publicity and defamation within the UK, USA or elsewhere.	N/A
4.6.	Amendment and Renumbering of Clause	4.6. Where you have indicated that a Model Release, Property Release or any other release of a third party right including without limitation any copyright, trade mark or other intellectual property right, is available. the release must (a) be legally binding and (b) (except as otherwise notified to Alamy via the website or, with the agreement of Alamy, via email) authorise all uses of the Images anywhere in the world including without limitation uses in relation to sensitive issues; you must make the release(s) available to Alamy if so requested.	4.1.7. where you have indicated that a Model Release is available: (i) the Release is legally binding; (ii) your representation that a Release is available is true and accurate; (iii) (except as otherwise notified to Alamy via the System) the Release allows the Content to be used for all uses anywhere in the world without restriction including without limitation uses in relation to sensitive issues; (iv) you hold all permissions needed for the exploitation by third parties of the Content, including, without limitation, from subjects, depicted in the Content and/or original clients for whom the Content may have been created. and (v) any use or exploitation of the Content by Alamy, a Customer or a Distributor will not violate the rights of any model depicted in the Content, including without limit, any privacy or publicity rights anywhere in the world.
4.6.	New Clause	N/A	4.6. In the event you become aware of any alleged copyright infringements in respect of the Content, you will: (i) contact Alamy first to check whether a permitted download or licence has been made; and (ii) will not contact the user of the Content unless and until Alamy advises you that it will not be pursuing the alleged infringement in accordance with clause 16.
4.7.	Amendment and Renumbering of Clause	4.7. You have detailed in the relevant fields of the System any Licence restrictions that you wish to apply and to cover all rights that have previously been licensed or granted for the use of the Image/s. Alamy also reserves the right to set licence restrictions in relation to the Images.	4.1.10. you have detailed in full in the relevant fields of the System any and all restrictions that you wish to apply to each item Content, such restrictions to include all rights that have previously been licensed or granted in respect of the Content. You acknowledge and agree that Alamy may set additional restrictions in relation to the Content.
4.8.	Amendment and Renumbering of Clause	4.8. You grant to the Customer the right to alter the Images including any cropping, manipulation, combining and creation of derivative Images providing such alteration is not pornographic, defamatory or otherwise unlawful. You undertake that the person who created the Image has waived all moral rights in respect of use of the Image pursuant to this contract by Alamy, its Customers or any third parties.	4.3. You grant to each Customer the right to alter the Content including any cropping, manipulation, combining and creation of derivative Content, provided always that such alteration is not indecent, obscene, pornographic, defamatory or otherwise unlawful.
4.9.	Amendment and Renumbering of Clause	4.9. There are and will be no claims by any other party in connection with the use or reproduction of any of the Images.	4.1.12. there are not and will not be any claims by any other party in connection with the use, reproduction or exploitation of the Content;
4.10	Amendment and Renumbering of Clause	4.10. You will ensure that all Metadata including without limitation captions, keywording, descriptions and Pseudonyms, rights management or other information pertaining to the Images is and will remain accurate and factually correct and does not infringe the copyright or other rights of any third party, and are not defamatory or pornographic.	4.4. You will ensure that all Metadata including, without limitation, any and all other information pertaining to the Content: (i) is and will remain accurate and factually correct; (ii) does not infringe the copyright or any other third party right; and (iii) is not indecent, obscene, pornographic defamatory or otherwise unlawful.
4.11	Amendment and Renumbering of Clause	4.11. Any information supplied for display with any Image, including captions, keywords, Pseudonyms, agency names and descriptions only includes information that is pertaining to the specific Image itself, and does not include contact details, web addresses, Uniform Resource Locator's (URL's), copyright and rights management information or, except in cases of journalism or news reporting or where the consent of any person shown in an Image has been obtained or another legitimate reason exists, any personal details from which a living person can be identified.	4.2. You will ensure that all information provided by you for display alongside the Content, including any Metadata, agency names and any other descriptions: (i) only includes information pertaining to the Content itself; and (ii) does not include contact details, web addresses, URLs, copyright and rights management information, or any personal details from which a living person can be identified, except in cases of journalistic or news reporting or where the consent of any person depicted in the Content has been obtained or where another legitimate reason exists.
4.12.	Amendment and Renumbering of Clause	4.12. Where Alamy or Distributor has licensed an Image to one of its Customers, You agree that You will not contact the Customer for any reason pertaining to this sale or the use of the Image. In relation to alleged copyright infringements You agree to contact Alamy first to check there is no relevant download or licence before contacting the user of the Image and not to contact them if Alamy advises You that there is a relevant download or licence.	4.5. Where the Content has been licensed to a Customer in accordance with this Contract, you will not contact that Customer for any reason pertaining to the sale or the use of the Content.
4.13.	Amendment and Renumbering of Clause	4.13. Where your Image(s) are included in search engine listing and promotion, pursuant to clause 15.1, no claim will be made by you, for breach of copyright in respect of the Images displayed.	4.1.13. where your Content is included in search engine listing and promotion pursuant to clause 15.1, no claim will be made by you for breach of copyright in respect of the Content displayed;
4.14	Amendment and Renumbering of Clause	4.14. The Image was not taken in any place where photography for commercial gain is forbidden, e.g. some museums, art galleries and other public or private buildings or areas.	4.1.14. the Content was not taken in any place where photography for commercial gain is forbidden, e.g. some museums, art galleries and other public or private buildings or areas; and
4.15	Amendment and Renumbering of Clause	4.15. The Image complies with the privacy and property laws of the country in which it was taken, e.g. in certain countries before taking a photo of someone you are required by law to ask the subject's permission.	4.1.15. the Content complies with the privacy and property laws of the country in which it was taken, e.g. in certain countries before taking a photo of someone you are required by law to ask the subject’s permission.
5.1.	Amendment	5.1. You will indemnify, defend (at the request of Alamy) and hold Alamy and its sub-licensees and assigns harmless against any prejudice, damage, liability or costs (including reasonable lawyers' fees) which any of the indemnified parties incur arising from or in respect of any claim that there has been a breach of your representations, obligations and warranties in this contract. This paragraph will remain in force after the termination of this contract.	5.1. You will indemnify, defend (at the request of Alamy) and hold Alamy and its affiliates, Customers, Distributors, sub-licensees and assigns (the “Indemnified Parties”) harmless against any and all claims, damages, liabilities, losses, costs and expenses (including reasonable legal expenses) which any of the Indemnified Parties incur arising from or in in relation to: (i) any claim that the Content infringes any third party’s rights including but not limited to any third party trademark, copyright, moral rights or other intellectual property rights, or any right of privacy or publicity; (ii) any use, exploitation or distribution of the Content by the Indemnified Parties; (iii) any claim against Alamy as a result of Alamy or its representatives pursuing an actual or suspected infringement of any Content; and (iv) any breach of any your representations, obligations and warranties under this Contract or the System. This clause will remain in force after the termination of this Contract.
12.6.	New Clause	N/A	12.6. Alamy may put your Account on hold in the event of to any third party claim in relation to the Content or where Alamy reasonably suspects fraudulent activity in relation to the Account
12.6.	Amendment and Renumbering of Clause	12.6. If any remittances made to you by Alamy shall not have been cashed in any 2 year period, Alamy may remit the balance in your account to a charity of our choice.	12.7. If any payment made to you by Alamy is not withdrawn from your Account within a period of two (2) years from the date on which such payment was made, you agree to forfeit that amount.
12.7.	Amendment and Renumbering of Clause	12.7. If you have not supplied payment details or any supplied details are incorrect or you have chosen a payment method that we no longer support then (i) if your cleared balance is over the payment threshold specified in clause 12.3 Alamy may remit any cleared balance that is over 2 years old to a charity of our choice; or (ii) if your cleared balance is under the payment threshold specified in clause 12.3 Alamy may remit any such cleared balance that is over 5 years old to a charity of our choice.	12.8. In the event that you fail to supply payment details, any supplied payment details are incorrect, or you have chosen a payment method that Alamy no longer supports: (i) if your cleared balance is over the payment threshold specified in clause 12.3, you agree to forfeit any such cleared balance that is over two (2) years old; or (ii) if your cleared balance is under the payment threshold specified in clause 12.3, you agree to forfeit any such cleared balance that is over five (5) years old
12.10	New Clause	N/A	12.10. From the 1 July 2021, Alamy will monitor the total License Fees in respect of your Content in each Revenue Year.
12.11.	New Clause	N/A	12.11. If you register for an Account after the 1 July in any one Revenue Year: (i) you will automatically be subject to Alamy Gold; and (ii) Alamy will not monitor your License Fees and clause 12.12 will not apply until the following Revenue Year.
12.12.	New Clause	N/A	12.12. At the end of each Revenue Year if your total License Fees for that year, net of any refunds:
12.12.1.	New Clause	N/A	12.12.1 are less than $250 then the Alamy Commission for sales of your Content in the following Revenue Year will automatically switch to Alamy Silver as outlined in the Alamy Commission Table; or
12.2.2.	New Clause	N/A	12.12.2. are greater than or equal to $250 then the Alamy Commission for sales of your Content in the following Revenue Year will remain on Alamy Gold for that year, as outlined in the Alamy Commission Table.
12.13.	New Clause	N/A	12.13 if the Alamy Commission is Alamy Silver and your total License Fees, net of any refunds, exceeds $250 at any point during the Revenue Year then the Alamy Commission will automatically revert to Alamy Gold. Should any subsequent refund take your License Fees below the $250 threshold as set out in clause 12.12, the Alamy Commission will revert to Alamy Silver.
12.14.	New Clause	N/A	12.14. If you are not an Agency Contributor and your total License Fees for Content sales in any one Revenue Year (starting 1 July 2020), net of any refunds, are greater than or equal to $25,000 then the Alamy Commission for the following Revenue Year for Content that is Exclusive to Alamy will automatically switch to Alamy Platinum as outlined in the Alamy Commission Table.
12.15.	New Clause	N/A	12.15. The Alamy Commission for Content sales made via an Affiliate will reflect that of the applicable commission model as specified in the Alamy Commission Table and will include a 15% Affiliate and affiliate provider fee in respect of the License Fee.
14.1.	Removal	14.1. Alamy shall initiate an audit of its Systems and its allocation of payments due to Contributors on a yearly basis by an independent firm of chartered accountants of Alamy's choice.	N/A
14.2.	Removal	14.2. Upon receiving 30 days' written notice, a Contributor may review the audit methodology and a copy of the System audit with the deletion of any records of other Contributors and the deletion of any other confidential commercial items.	N/A
16.1.	Amendment	16.1. You recognise that Alamy shall have no obligation to conduct any verification or check of the character, standing or financial position of any Customer.	16.1. You acknowledge and agree that Alamy will not conduct any verification or check of the character, standing or financial position of any Customer.
16.2.	Amendment and Renumbering of Clause	16.2. Each party shall promptly inform the other of any actual or suspected infringement of copyright, loss of Images, breach of moral rights or other matter giving rise to threat of proceedings or claims or demands in respect of any of the Images. In the event of any alleged breach of any licence by a Customer or any Infringement of intellectual property or other rights in an Image by a third party, Alamy may either take action itself against the Customer or third party or alternatively inform you that it will not be taking action and you may then do so at your option.	16.7. Each party will promptly inform the other party of any actual or suspected third party infringement of copyright or any other intellectual property right or third party right, loss of Content, breach of moral rights or any other matter giving rise to threat of proceedings, claims or demands in respect of any of the Content. Alamy, in its sole discretion, may either take action itself against the third party or may notify you that it will not be taking action and you may then do so at your option.
16.2.1.	Amendment and Renumbering of Clause	16.2.1. If Alamy takes action Alamy may (but shall not be obliged to):	16.5. If Alamy takes action pursuant to clause 16.4, Alamy may (but will not be obliged to):
16.2.2	Amendment and Renumbering of Clause	16.2.2. make such claims and take such action as may be necessary (in the opinion of Alamy) in connection with it. A percentage, equal to the applicable commission rate for that Image, of all amounts recovered by Alamy in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by Alamy) shall be paid to you.	16.5.2. make such claims and take such action as may be necessary (in the opinion of Alamy) in connection with such action.
16.2.3	Amendment and Renumbering of Clause	16.2.3 If you take action then Alamy's sole obligations shall be to at your request and cost, provide testimony in any action which may be brought by you by verifying the terms of the contract entered. Prior to giving this assistance Alamy may require you to have indemnified Alamy for all of the costs and expenses of any such action including at Alamy's discretion providing and securing the costs of Alamy's legal and other advisers.	16.8. If you take action pursuant to clause 16.7, then Alamy's sole obligation will be to (at your request and cost) verify the terms of this Contract or any Customer contract. Prior to providing such assistance, Alamy may require you to indemnify Alamy for all of the costs and expenses incurred by Alamy in relation to such action including, at Alamy's discretion, providing and securing the costs of Alamy's legal and other advisers.
16.3.	Amendment and Renumbering of Clause	16.3. You agree that where Alamy incurs legal and/or other specific costs relating to an outstanding amount owed by a Customer then these costs will be recouped by Alamy first before accounting to you. For the avoidance of doubt should a debt be only partially cleared by a Customer then Alamy will recoup its specific costs first and then divide the remaining amount between you and Alamy in line with the commission schedule in force at the time the debt was invoiced. Alamy shall not be obliged to pursue payment of debts owed by Customers if, in Alamy's opinion, the prospects of recovery are not good enough to justify the likely collection costs.	16.2. You acknowledge and agree that where Alamy incurs legal and/or other costs or expenses relating to an outstanding amount owed by a Customer in relation to the Content, Alamy will recoup these costs from any full or partial payment of the amounts recovered from the Customer before dividing the remaining amount between you and Alamy in line with the commission schedule in force at the time the debt was invoiced. Alamy will not be obliged to pursue payment of debts owed by Customers if, in Alamy’s opinion, the prospects of recovery do not outweigh the likely collection costs.
16.4.	Amendment and Renumbering of Clause	16.4. If a Customer is declared bankrupt or goes into liquidation owing Alamy any money, we will write off the debt. If we subsequently receive any money from the official trustee or liquidator we will donate any such amount to charity if the amount recovered means it is not cost effective to pay out the funds we receive.	16.3. If a Customer is declared bankrupt or goes into liquidation owing Alamy any money, we will write off the debt. If we subsequently receive any money from the official trustee or liquidator, we will donate any such amount to charity if the amount recovered means it is not cost effective to pay out the funds we receive, otherwise any amount received will be divided between you and Alamy in line with the commission schedule in force at the time the debt was invoiced.
16.4.	New Clause	N/A	16.4. In the event of any actual or alleged breach of any Licence or any infringement of intellectual property right or any other rights in any Content by a Customer or by any third party, Alamy may take action against the Customer or such other third party at its sole discretion.
16.5.1	New Clause	N/A	16.5.1. appoint a representative to identify and make claims or demands for suspected infringements on its behalf; and
16.6.			16.6. A percentage, equal to the applicable commission rate for that Content, of all amounts recovered by Alamy in connection with any claims or actions pursuant to clause 16.5 (after first deducting collection fees and reasonable legal expenses incurred by Alamy) will be paid to you.
19.2	New Clause	N/A	19.2. You will ensure that Content on the System prior to the date of any amendment to you pursuant to clause 19.1 meets the provisions of any such amendment or variation.
20.2.2.3	New Clause	N/A	20.2.2.3. you infringe any third party copyright, trademark, any other intellectual property right or any other third party right;
20.2.2.5	New Clause	N/A	20.2.2.5. your Account is deemed to be inactive whereby; (i) no Content is submitted to the System by you following Registration(ii) Alamy is unable to contact you or receives no correspondence from you when contacted in respect to your Account; or (iii) any payment is unable to be credited to your Account.
20.2.2.6.	New Clause	N/A	20.2.2.6. Alamy reasonably suspects fraudulent activity in relation to your Account;
20.2.2.7.	New Clause	N/A	20.2.2.7. any action by you is deemed by Alamy to bring the Alamy name or Mark into disrepute; or
20.5.	New Clause	N/A	20.5. Any provision of this Contract which expressly or by implication is intended to come into or continue in force on or after termination of this Contract will remain in full force and effect.
20.6.	New Clause	N/A	20.6. Termination of this Contract will not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination.
20.7.	New Clause	N/A	20.7. Where this Contract is terminated for any reason, you may not enter into a new contract with Alamy without first obtain written authorisation from Alamy prior to doing so. Failure to adhere to this clause will result in immediate termination of any new contract.

Definitions

Clause	Change	Original	Replacement
Clause Revenue Year	Change New definition	Original N/A	Replacement means the 12 month period starting on the 1 July every year and ending 30 June the following calendar year.

7^th January 2019

Amendments – 7^th January 2019 (will come into effect for all Contributors on 21st February 2019)

The latest changes to the Alamy Contributor contract, published on 7th January, includes important changes important changes to our terms regarding Alamy Commission and Alamy Novel Use Commission and Alamy Video Commission. For Contributors who registered before 7th January 2019, the new contract will come into force on 21st February 2019, 45 days from the notification date of 7th January. For Contributors who registered from 7th January 2019 onwards, the new contract was in force from the point of registration.

An explanation of the changes made under each clause is outlined below.

Clause	Change	Original	Replacement
Your contract with Alamy Ltd	Amendment	Any amendments take 45 days to come into effect after we post them here: Record of contract changes. We will also email you to notify you of these changes.	Any amendments take 45 days to come into effect after we post them here: Record of contract changes. We will also notify you of these changes, either by email or when you log in to your Alamy account.
The Small print in Larger Print	Amendment	We will pay you 50% of a direct sale made by Alamy	We will pay you 50% of a direct sale made by Alamy for images Exclusive to Alamy
The Small print in Larger Print	Addition	N/A	We will pay you 40% of a direct sale made by Alamy for images not Exclusive to Alamy

Alamy Commission Table

Alamy Commission models, rates, fees and payment	Current model
	Alamy Blue
	Alamy CommissionFor sales through www.alamy.com	50%
Alamy Distribution Commission For sales through our Distributors	70%(30% to Alamy, 40% to the Distributor)
Alamy Novel Use Commission For sales through Novel Use	50%
Alamy Video Commission For video sales	50%
Alamy Affiliate Commission	61.5%(38.5% to Alamy, 20% to Affiliate,3% to affiliate provider)
Payment frequency - We will pay you monthly, if your Cleared Funds exceed US $50

Has been replaced by the following table:

Alamy Commission models, rates, fees and payment	Current model
	Alamy Blue
	Exclusive Images	Non-exclusive Images
Alamy CommissionFor sales through www.alamy.com	50%	60%
Alamy Distribution Commission For sales through our Distributors	70%(30% to Alamy, 40% to the Distributor)	70%(30% to Alamy, 40% to the Distributor)
Alamy Novel Use Commission For sales through Novel Use	50%	60%
Alamy Video Commission For video sales	50%	60%
Alamy Affiliate Commission	56.5%(43.5% to Alamy, 10% to Affiliate, 3% to affiliate provider)	65.2%(52.2% to Alamy, 10% to Affiliate, 3% to affiliate provider)
Payment frequency - We will pay you monthly, if your Cleared Funds exceed US $50

Terms and conditions of the contract

Clause	Change	Original	Replacement
2.6	Amendment	2.6. Under this contract (subject to the restrictions stated in the contract) you have the right to supply your Images on a non exclusive basis and may therefore sell your Images in any other way you wish as long as you comply with the terms of this contract.	2.6. Under this contract (subject to the restrictions stated in the contract) you have the right to supply your Images on a Non-exclusive basis and may therefore sell your Images in any other way you wish as long as you comply with the terms of this contract. Any Images supplied on a Non-exclusive basis are subject to the applicable commission rate.
2.7	New Clause	N/A	2.7. Images can be marked as “Only available on Alamy” meaning the image is Exclusive to Alamy and any subsequent licences for these images will attract the commission rate applicable to Exclusive Images. If Alamy deems that the Contributor has marked an Image as Exclusive when in fact it is Non-exclusive then Alamy has the right to reclaim all commission paid in respect of such Image and/or terminate the contract immediately. The Contributor acknowledges and accepts that Images of artworks, or that are not protected by copyright, or that are in the public domain or for which copyright ownership is unknown must never be marked as “Only available on Alamy”
4.1	Amendment	4.1. You have given full and accurate information at Registration including your full legal name and address and payment details and you will keep that information up to date at all times and You will provide and maintain a valid and accessible email address supplied to Alamy at Registration or at a later date via My Alamy, which we will use to contact you for important account specific information such as contractual notifications, operational updates and service emails.	4.1. You have given full and accurate information at Registration including your full legal name and address and payment details and you will keep that information up to date at all times and You will provide and maintain a valid and accessible email address supplied to Alamy at Registration or at a later date via My Alamy, which we may use to contact you for important account specific information such as contractual notifications, operational updates and service emails.
16.2.2	Amendment	16.2.2. make such claims and take such action as may be necessary (in the opinion of Alamy) in connection with it. Fifty percent (50%) of all amounts recovered by Alamy in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by Alamy) shall be paid to you.	16.2.2. make such claims and take such action as may be necessary (in the opinion of Alamy) in connection with it. A percentage, equal to the applicable commission rate for that Image, of all amounts recovered by Alamy in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by Alamy) shall be paid to you.

Definitions

Clause	Change	Original	Replacement
Exclusive	New Definition	N/A	means, in relation to an Image, that the Image is not also available via any third party licensing, sales or (where the Image is not supplied by Alamy) distribution channel, including without limitation another stock agency or image site but excluding the Contributor’s personal website and print sales, provided that Images of artworks, or that are not protected by copyright, or that are in the public domain or for which copyright ownership is unknown will never be deemed to be Exclusive.
Non-exclusive	New Definition	N/A	means, in relation to an Image, that the Image is also available via any third party licensing, sales or (where the Image is not supplied by Alamy) distribution channel, including without limitation another stock agency or image site but excluding the Contributor’s personal website and print sales, provided that Images of artworks, or that are not protected by copyright, or that are in the public domain or for which copyright ownership is unknown will always be deemed to be Non-exclusive.

15^th October 2018

Amendments – 15^th October 2018 (will come into effect for all Contributors on 29th November 2018)

The latest changes to the Alamy Contributor contract, published on 15th October, includes condensing several clauses to simplify the contract. For Contributors who registered before 15th October 2018, the new contract will come into force on 29th November 2018, 45 days from the notification date of 15th October. For Contributors who registered from 15th October 2018 onwards, the new contract was in force from the point of registration.

An explanation of the changes made under each clause is outlined below.

Clause	Change	Original	Replacement
1.4	Amendment	1.4. Where you make a submission on CD or DVD, Alamy shall securely destroy the medium after uploading the Images onto the System. Where you submit Images by hard drive, Alamy will return the hard drive to you at your expense after uploading the Images onto the System.	1.4. Where you submit Images by hard drive, Alamy will return the hard drive to you at your expense after uploading the Images onto the System.
8.3	Amendment	8.3. Promotion - Alamy shall have the right to offer Customers promotions on Images to promote the Alamy service without Alamy having to consult you. Promotions may include, but are not limited to: 8.3.1. acquiring new Customers; or 8.3.2. stimulating buying from existing Customers by offering discounts.	8.3. Promotion - Alamy shall have the right to offer Customers promotions on Images to promote the Alamy service without Alamy having to consult you, including, but not limited to acquiring new Customers or stimulating buying from existing Customers by offering discounts.
9.1	Amendment	9.1. You grant Alamy permission to sell your Images at any price and by any method we feel appropriate without Alamy having to consult you.	9.1. In addition to the promotion rights set out in 8.3 above you grant Alamy permission to sell your Images at any price and by any method we feel appropriate and to supply Images to third parties without Alamy having to consult you, including but not limited to trials with new Customers, prototypes/proof of concept and high volume low unit price licences. Where Alamy does not make a charge to these third parties, you will not receive payment.
9.2	Removal	9.2. In addition to the promotion rights set out in 8.3 above, Alamy shall have the right to supply Images to third parties without having to consult you. Examples may include, but are not limited to; 9.2.1. trials with new Customers 9.2.2. prototypes/proof of concept 9.3. Where Alamy does not make a charge to these third-parties, the Contributor will not receive payment.	N/A
12	Amendment of heading	Statements and Payments	Paying You
12.1	Amendment	12.1. For the purposes of this clause; 12.1.1. 'Net Revenue' means the gross income derived from the exploitation of the rights, less: 12.1.1.1. Alamy Commission, as set out in the Alamy Commission Table that You authorise Alamy to deduct and retain. 12.1.1.2. Any amounts deducted by sub agents or licensees including but not limited to Distributors (if applicable) and Affiliates. 12.1.1.3. Sales Tax (if applicable)	12.1. We will report any Licence Fees earned in respect of your Images in US dollars and net of any applicable (i) Sales Tax, (ii) Alamy Commission, and (iii) third party commission.
12.2	Amendment	12.2. As soon as a licence is purchased by a Customer paying by credit card or when an invoice is raised to a Customer, Alamy shall report to you online. The report shall be in US Dollars and shall: 12.2.1. specify the licence or licences granted; 12.2.2. for each Rights Managed licence include details of the terms of the licence; 12.2.3. for each Royalty Free licence include details of file size 12.2.4. record the Licence Fees received and any due but not yet paid;	12.2. As soon as a licence is purchased by a Customer we will report to you online the relevant details of such licence. We may round fractions of a cent up or down at our discretion. Licence Fees charged to Customers in currencies other than US Dollars will be recorded on your statements in US Dollars. The exchange rate used will be reviewed and adjusted in line with exchange rate fluctuations.
12.3	Amendment	12.3. If at the start of the first day of any calendar month the Cleared Funds in your account exceed US $50, or such lower amount as is published on the Alamy website from time to time, Alamy will, in accordance with an effective method of transfer selected by you at Registration or in My Alamy at any time, within 30 days pay you the balance due to you being: 12.3.1. the net revenue 12.3.2. if you are UK VAT registered, VAT at the currently prevailing rate. 12.3.3. less any debit balances on your account;	12.3. We will pay you within 30 days if at the start of the first day of any month the Cleared Funds less any account debit balances in your account exceed US $50, or such lower amount as is published on the Alamy website from time to time. We will pay you in the applicable currency and in line with the payment details supplied by You. If you are UK VAT registered, we will add UK VAT at the currently prevailing rate. No payment will be made and the amount shall be carried forward to the following month, provided that (i) the amount due is equal to or under US $50 or such lower amount as is published on the Alamy website from time to time, or (ii) you have not supplied payment details, any supplied details are incorrect, or you have chosen a payment method that we no longer support.
12.4	Removal	12.4. The payment due for each month shown in the statement shall be paid to you in the currency specified in My Alamy. However no payment will be made and the amount shall be carried forward to the following month, if 12.4.1. the amount due is equal to or under US $50 or such lower amount as is published on the Alamy website from time to time, Or 12.4.2. we have previously tried to pay you and your details are incorrect and have not been updated, or 12.4.3. we no longer support the payment method you have chosen.	N/A
12.5	Removal	12.5. If any amount due to you includes a fraction of one cent we may, at our option, round the fraction either up or down to the whole cent.	N/A
12.6	Amendment and Renumbering of Clause	12.6. Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy's Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 2.5% of the spot rate on that day.	12.4. Where your payment currency is not US Dollars all amounts shall be converted from US Dollars to the payment currency at the exchange rate provided by Alamy or Alamy's Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 2.5% of the spot rate on that day.
12.7	Amendment and Renumbering of Clause	12.7. Alamy may recover by debiting a Contributor’s account or otherwise: 12.7.1. any sum incorrectly or inadvertently credited to your account. 12.7.2. any amounts due from you to Alamy where you are also a purchaser from Alamy or a Distributor. 12.7.3. all costs and handling charges incurred by Alamy but properly payable by you including without limitation: non-payment of postage of items sent to Alamy, import taxes charged to Alamy where customs values have been incorrectly entered for submissions sent to Alamy, and charges from your bank recharged to Alamy’s Payment Provider. 12.7.4. all other amounts due to Alamy from you including, where Alamy is entitled	12.5. Alamy may recover by debiting a Contributor’s account or otherwise: 12.5.1. any sum incorrectly or inadvertently credited to your account; 12.5.2. any amounts due from you to Alamy where you are also a purchaser from Alamy or a Distributor; 12.5.3. all other amounts due to Alamy from you including costs and handling charges incurred by Alamy but properly payable by you and, where Alamy is entitled to be indemnified by you in the circumstances set out in clause 5, a sum representing the likely total amount of such indemnity.
12.7	New clause	N/A	12.7. If you have not supplied payment details or any supplied details are incorrect or you have chosen a payment method that we no longer support then (i) if your cleared balance is over the payment threshold specified in clause 12.3 Alamy may remit any cleared balance that is over 2 years old to a charity of our choice; or (ii) if your cleared balance is under the payment threshold specified in clause 12.3 Alamy may remit any such cleared balance that is over 5 years old to a charity of our choice.
12.8	Amendment	12.8. Licence Fees charged to Customers in currencies other than US Dollars are recorded on your statements in US Dollars. The exchange rate used will be reviewed and adjusted in line with exchange rate fluctuations.	12.8. If Alamy offer reporting of License Fees in currencies other than US Dollars, then all references in this clause 12 to US Dollars shall be interpreted to refer to the applicable currency.
12.9	Amendment and Renumbering of Clause	12.9. If any remittances made to you by Alamy shall not have been cashed in any 2 year period, Alamy may remit the balance in the account of the Contributor to a charity of Alamy’s choice	12.6. If any remittances made to you by Alamy shall not have been cashed in any 2 year period, Alamy may remit the balance in your account to a charity of our choice.
16	Amendment of heading	Breaches of licences and defaults by Customers	Breaches of licences and defaults by Customers and third-party infringements
16.2	Amendment	16.2. Each party shall promptly inform the other of any actual or suspected infringement of copyright, loss of Images, breach of moral rights or other matter giving rise to threat of proceedings or claims or demands in respect of any of the Images. In the event of any alleged breach of any licence by a Customer or any other infringement of intellectual property or other rights in an Image, Alamy may either take action itself against the Customer or alternatively inform you that it will not be taking action and you may then do so at your option.	16.2. Each party shall promptly inform the other of any actual or suspected infringement of copyright, loss of Images, breach of moral rights or other matter giving rise to threat of proceedings or claims or demands in respect of any of the Images. In the event of any alleged breach of any licence by a Customer or any Infringement of intellectual property or other rights in an Image by a third party, Alamy may either take action itself against the Customer or third party or alternatively inform you that it will not be taking action and you may then do so at your option.
27	Removal of Clause	27. Infringements 27.1. Alamy reserves the right to pursue Infringements (where the Image has been sourced from Alamy or its System, including where the Image is exclusive to Alamy and where an Alamy credit is present). You agree to Alamy pursuing these Infringements either itself or using third parties. 27.2. In the event of any alleged breach of any licence or any other Infringement of intellectual property or other rights in an Image, Alamy may either take action itself against the infringer or alternatively inform you that it will not be taking action and you may then do so at your option. 27.3. If Alamy takes action Alamy may (but shall not be obliged to) make such claims and take such action as may be necessary (in the opinion of Alamy) in connection with it. Fifty percent (50%) of all amounts recovered by Alamy in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by Alamy) shall be paid to you.	N/A
28	Renumbering of Clause	Clause 28 becomes Clause 27	N/A
28.1	Renumbering of Clause	Clause 28.1 becomes Clause 27.1	N/A
29	Renumbering of Clause	Clause 29 becomes Clause 28	N/A

10^th/11^th April 2018

Amendments – 10th April 2018 (will come into effect for all contributors on 25th May 2018)

The latest version of the Alamy Contributor contract, published on 10th April, included some minor changes to our terms. Most of these changes have been made to reflect the new GDPR (General Data Protection Regulation) policies. We’ve also added affiliate sales to the Alamy Commissions Table. For Contributors who registered before 10th April 2018, the new contract will come into force on 25th May 2018, 45 days from the notification date of 10th April 2018. For Contributors who registered from 10th April 2018 onwards, the new contract was in force from the point of registration.

On the 11th of April 2018 we made an amendment to the text released on the 10th of April 2018 for clause 4.11 in order to make it clearer. The changes are written in italics.

A detailed explanation of the changes made under each clause is outlined below.

Clause	Change	Original	Replacement
4.1	Amendment	You have given full and accurate information at Registration including your full legal name and address and payment details and you will keep that information up to date at all times and You will provide and maintain a valid and accessible email address supplied to Alamy at Registration or at a later date via My Alamy, which we will use to contact you with contractual notifications, operational updates, helpful tips and other relevant information.	You have given full and accurate information at Registration including your full legal name and address and payment details and you will keep that information up to date at all times and You will provide and maintain a valid and accessible email address supplied to Alamy at Registration or at a later date via My Alamy, which we will use to contact you for important account specific information such as contractual notifications, operational updates and service emails.
4.11	Amendment	Any information supplied for display with any Image, including captions, keywords, Pseudonyms, agency names and descriptions only includes information that is pertaining to the specific Image itself, and does not include contact details, web addresses, Uniform Resource Locator’s (URL’s) and copyright and rights management information.	Any information supplied for display with any Image, including captions, keywords, Pseudonyms, agency names and descriptions only includes information that is pertaining to the specific Image itself, and does not include contact details, web addresses, Uniform Resource Locator’s (URL’s), copyright and rights management information or, except in cases of journalism or news reporting or where the consent of any person shown in an Image has been obtained or another legitimate reason exists, any personal details from which a living person can be identified.
22	Amendment of heading	Marketing	Your data communications
22.1	Amendment	Alamy reserves the right to circulate the details of you to other companies within the Alamy Group and Alamy and such companies may contact you by email or otherwise about other services. At all times we will adhere to applicable data protection laws and Alamy's privacy policy.	At all times we will adhere to applicable data protection laws and the Alamy Group of companies’ privacy policy in relation to the processing of your personal data and communications with you.
22.2	New clause	N/A	By opting in to marketing and/or 3rd party emails during Registration you agree that we can send you marketing and/or 3rd party emails. These emails are promotional in nature and will include, but are not limited to, photography related offers, competitions, industry information and affiliate programs. You can unsubscribe from marketing and/or 3rd party emails at any time by clicking the unsubscribe link within these emails or by changing your email preferences in your account settings.

Alamy Commission Table

Clause	Change	Alamy Commission models, rates, fees and payment	Current Model
Alamy Commission Table	New commission	Alamy Affiliate Commission	61.5%(38.5% to Alamy, 20% to Affiliate, 3% to affiliate provider)

Definitions

Clause	Change	Original	Replacement
Alamy Affiliate Commission	New definition	N/A	means the percentage commission charged by Alamy on all sales made through the Affiliate Program comprising Alamy Commission and Affiliates commission.
Affiliate	Definition	means a website that promotes offers and promotions in return for a commission.	means a website and a service provider that promotes offers and promotions in return for a commission.

26^th April 2017

Amendments – 26th April 2017 (will come into effect for all Contributors on 10th June 2017)

The latest version of the Alamy Contributor contract, published on 26th April 2017, included some changes to our terms.

For Contributors who registered before 26th April 2017, the new contract came into force on 10th June 2017, 45 days from the notification date of 26th April 2017.

For Contributors who registered from 26th April 2017 onwards, the new contract was in force from the point of registration.

A detailed explanation of the changes made under each clause is outlined below.

If there has been a spelling or grammatical change then this has not been listed.

Clause	Change	Original	Replacement
4.2	Amendment	You are the Copyright Owner of the Images or have authority from the Copyright Owner to enter into the Contract and that the Copyright Owner is the sole owner free from any third party rights of the entire copyright and all other intellectual property rights throughout the World in the Image except for any rights that have previously been licensed or granted for the use of the Image/s, and that accordingly the Image/s do not infringe upon any third party copyright, trade mark, moral right or other intellectual property rights.	(i) You are the Copyright Owner of the Images or have authority from the Copyright Owner to enter into the Contract and that the Copyright Owner is the sole owner free from any third party rights of the entire copyright and all other intellectual property rights throughout the World in the Image except for any rights that have previously been licensed or granted for the use of the Image/s, and that accordingly the Image/s do not infringe upon any third party copyright, trade mark, moral right or other intellectual property rights; or (ii) the Image has been supplied to you to distribute under contract for the uses for which they are proposed to be licensed; or (iii) the Image is entirely free from copyright and no attribution is required.
4.15	New clause	N/A	The Image complies with the privacy and property laws of the country in which it was taken, e.g. in certain countries before taking a photo of someone you are required by law to ask the subject’s permission.
6.1	Amendment	You appoint Alamy as your non-exclusive licensee to exploit all Rights in the Images in the Territory in all media and formats whether current or yet to be developed (including for the avoidance of doubt and without limitation digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, making the Images available for reproduction on physical articles and items including without limitation on prints and posters, making the Images available on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet, and including them in any catalogue, Internet sites or marketing), using the System.	You appoint Alamy as your non-exclusive agent to exploit all Rights in the Images in the Territory in all media and formats whether current or yet to be developed (including for the avoidance of doubt and without limitation digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, making the Images available for reproduction on physical articles and items including without limitation on prints and posters, making the Images available on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet, and including them in any catalogue, Internet sites or marketing), using the System.
6.2	Amendment	Where you appoint Alamy as your licensee to grant Royalty Free licences in respect of an Image, Alamy may vary the licences it grants in respect of that Image from Royalty Free to Rights Managed by giving 45 days prior notice to you at any time. If you notify Alamy during the 45 day notice period that you do not agree to such variation then Alamy may either continue to grant licences in accordance with the original licence type in respect of that Image or, at Alamy's option, may delete that Image from the System.	Where you appoint Alamy as your agent to grant Royalty Free licences in respect of an Image, Alamy may vary the licences it grants in respect of that Image from Royalty Free to Rights Managed or Royalty Free editorial only at any time. If you notify Alamy that you do not agree to such variation then Alamy may either continue to grant licences in accordance with the original licence type in respect of that Image or, at Alamy's option, may delete that Image from the System.
6.3	Amendment	You may appoint Alamy as your licensee to grant novel use licences in respect of all of your Images. Such appointment may be made by you confirming through the Alamy website or by email. You may terminate Alamy’s right to grant novel use licences in respect of your Images at any time during the month of April in each year through the novel use page on the Alamy website without prejudice to your general rights of termination under this contract.	You may appoint Alamy as your agent to grant novel use licences in respect of all of your Images. Such appointment may be made by you confirming through the Alamy website or by email. You may terminate Alamy’s right to grant novel use licences in respect of your Images at any time during the month of April in each year through the novel use page on the Alamy website without prejudice to your general rights of termination under this contract.
6.8	New clause	N/A	If you agree to Image Options you grant Alamy the right to carry out certain pre-formatting changes to the Images prior to release for licensing.
6.9	New clause	N/A	You acknowledge that Alamy will have the right to translate the captions and tags (keywords) and other information associated with the Image into other languages, including by using an automated machine translation process that Alamy has had no input into or control over and that accordingly Alamy disclaims any liability for any failure to translate or for any inaccurate, misleading, defamatory, insulting, offensive, infringing or unlawful content created as a result of or arising out of such translation process. You will only remain responsible for providing and maintaining accurate information in the original language provided.
7.3	Amendment	Alamy shall act as licensee in respect of the Images and does not act as an agent.	Alamy shall act as an agent in respect of the Images.
12.1.1.2	Amendment	Any amounts deducted by sub agents or licensees including but not limited to Distributors (if applicable).	Any amounts deducted by sub agents or licensees including but not limited to Distributors (if applicable) and Affiliates.
12.3	Amendment	If at the start of the first day of any calendar month the Cleared Funds in your account exceed US $75, or such lower amount as is published on the Alamy website from time to time, Alamy will, in accordance with an effective method of transfer selected by you at Registration or in My Alamy at any time, within 30 days pay you the balance due to you being:	If at the start of the first day of any calendar month the Cleared Funds in your account exceed US $50, or such lower amount as is published on the Alamy website from time to time, Alamy will, in accordance with an effective method of transfer selected by you at Registration or in My Alamy at any time, within 30 days pay you the balance due to you being:
12.4.1	Amendment	the amount due is equal to or under US $75 or such lower amount as is published on the Alamy website from time to time, or	the amount due is equal to or under US $50 or such lower amount as is published on the Alamy website from time to time, or
Alamy commission table	Amendment	Payment frequency - We will pay you monthly, if your Cleared Funds exceed US $75	Payment frequency - We will pay you monthly, if your Cleared Funds exceed US $50
The Small print in Larger Print	Amendment	You are responsible for the content you upload, and you must be the copyright holder or have their permission We’ll pay you every month that your balance is over US $75	You are responsible for the content you upload, and you must be the copyright holder or have their permission or be contractually entitled to distribute the Image for its proposed use or the Image is copyright free We’ll pay you every month that your balance is over US $50

Definitions

Clause	Change	Original	Replacement
Affiliate	New definition	N/A	"Affiliate" means a website that promotes offers and promotions in return for a commission.
Image Options	New definition	N/A	"Image Options" means things we do to Images to enhance the customer experience and/or for operational reasons.

15^th June 2016

Amendments - 15th June 2016 (will come into effect for all Contributors on 30th July 2016)

What's changed?

We've removed the "Key terms" section from the start and have now included them within the main body of the contract.

We've made some minor changes to other clauses through the contract (detailed below).

We've added more detail around the "Collecting societies" clause to enable us to claim additional funds for our Contributors unless you choose to opt out or you've previously instructed us not to claim on your behalf.

Why?

We already have a short summary of the contract in the section entitled "The small print in larger print" and the majority of the key terms were duplicated throughout the contract so we've taken this opportunity to tidy things up.

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• Where a key term has been moved and it's amended an existing clause or made a new clause we've highlighted that in the table below by naming the change "Amendment – key term" or "New clause – key term" respectively
• If there has been a spelling or grammatical change then this has not been listed.

Clause	Change	Original	Replacement
Key Terms	Removal	Previous "Key Terms" definitions have been removed from the top of the contract	The majority of Key terms were already in the main body of the contract, any which weren't have been added to the contract
Types of Licence	Amendment	"Rights Managed Licence" referred to on the website as "Rights Managed" , or "RM" means any Licence granted by Alamy during the period of this contract in respect of any Image defined by the Contributor as Rights Managed and combining rights defined by: territory, period, media, industry, print run and other relevant criteria.	"Rights Managed Licence" referred to on the website as "Rights Managed" , or "RM" means any Licence granted by Alamy during the period of this contract in respect of any Image defined by the Contributor as Rights Managed and combining rights defined by: territory, period, media, industry, print run and other relevant criteria including, but not limited to, those in the Licence calculator referred to in clause 8.2.
1.2	Amendment	1.2 The Images must comply with all Alamy's technical, quality, content and other criteria and requirements as set out on the Alamy site at the time of your submission. Alamy reserves the right to delete any Images which do not comply with any of these criteria.	1.2 The Images must comply with all Alamy's technical, quality, content and other criteria and requirements as set out on the Alamy site at the time of your submission. You agree that Alamy and third parties authorised by Alamy have the right to delete any Images which do not comply with any of these criteria or for any other reason at Alamy's sole discretion.
New Clause 1.5	Addition	N/A	1.5 You accept that you are solely and exclusively responsible for all Images that you submit and for all data that you store on Alamy's servers. You acknowledge that Alamy does not and cannot review all Images uploaded and is not responsible for the Images. Where Alamy makes available Images this should be considered only as a courtesy and does not limit your responsibility for the Images.
2.1	Amendment	2.1 You must assign the licence types available on the website to each Image you submit, and must ensure that you understand the implications of each licence type(s) you select. You accept that once a licence type is chosen it cannot be changed unless changed by Alamy from royalty free or rights managed-exclusive to rights managed under clause 6.2.	2.1 You must assign the licence types available on the website to each Image you submit, and must ensure that you understand the implications of each licence type(s) you select.
2.3	Amendment	You must keep the system up to date at all times by any method notified to you by Alamy including use of 'Manage Images' section of the website and/or any spreadsheet. If you give Alamy permission to update the System, or if Alamy updates the system for any reason, Alamy shall not be liable for any mistakes or omissions.	2.3 You must keep the System up to date at all times by any method notified to you by Alamy including use of the Contributor section of the website and/or any spreadsheet. Without limitation You must update Alamy in respect of any sale on exclusive terms not made via the Alamy System. If you give Alamy permission to update the System, or if Alamy updates the System for any reason, Alamy shall not be liable for any mistakes or omissions.
2.5	New Clause	N/A	2.5 You undertake not to use the System for the purposes of uploading, posting, emailing or in any other way processing or forwarding Images in breach of applicable law (including but not limited to information that may be deemed to constitute incitement to racial hatred, child pornography, slander, insult, instigation of rebellion, unlawful description of violence, and/or violation of copyright or any intellectual property law or violations of data protection laws) or that may in any other way be conceived as threatening, insulting, racist, offensive, vulgar and/or indecent or which involves Infringement of a private individual's personal sphere or the Infringement of a third party trademark or copyright or other intellectual property right.
2.6	New Clause - Key term	N/A	2.6 Under this contract (subject to the restrictions stated in the contract) you have the right to supply your Images on a non exclusive basis and may therefore sell your Images in any other way you wish as long as you comply with the terms of this contract.
4.1	Amendment – Key term	4.1 You have given full and accurate information at Registration including your full legal name and address and payment details and you will keep that information up to date at all times.	4.1 You have given full and accurate information at Registration including your full legal name and address and payment details and you will keep that information up to date at all times and You will provide and maintain a valid and accessible email address supplied to Alamy at Registration or at a later date via My Alamy, which we will use to contact you with contractual notifications, operational updates, helpful tips and other relevant information.
4.2	Amendment – key term	4.2 The copyright owner is the sole owner free from any third party rights of the entire copyright and all other intellectual property rights throughout the world in the Image except for the prior rights (if any);  "Prior Rights" means any previous licence or other right granted for the use of that Image. Where an Image has previously been licensed by Alamy and then deleted from the System, prior rights include those previous licences by Alamy.	4.2 You are the Copyright Owner of the Images or have authority from the Copyright Owner to enter into the Contract and that the Copyright Owner is the sole owner free from any third party rights of the entire copyright and all other intellectual property rights throughout the World in the Image except for any rights that have previously been licensed or granted for the use of the Image/s, and that accordingly the Image/s do not infringe upon any third party copyright, trade mark, moral right or other intellectual property rights;
4.4	Amendment	4.4 You hold the rights to grant, market, license, sell or assign all rights in the Images, including but not limited to the rights to grant reproduction rights in the Images for digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or internet, to make the Images available on electronic equipment, and other similar media or via the internet, and to include them in any catalogue, internet sites or marketing in any form ("the Rights"); Except for the prior rights (if any) there is not and will not during the term of this contract be any fetter on Alamy licensing each Image to a Customer to the fullest extent possible.	4.4 You hold the rights to grant, market, license, sell or assign all rights in the Images, including but not limited to the rights to grant reproduction rights in the Images for digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, to make the Images available for reproduction on physical articles and items including without limitation on prints and posters, to make the Images available on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet, and to include them in any catalogue, Internet sites or marketing in any form ("the Rights"); Subject always to Clause 4.7 except for any rights that have previously been licensed or granted for the use of the Image/s, and that accordingly the Image/s do not infringe upon any third party copyright, trade mark, moral right or other intellectual property rights there is not and will not during the term of this contract be any limitation or restriction on Alamy licensing each Image to a Customer to the fullest extent possible.
4.7	Amendment	4.7 You have detailed in the relevant fields of the System all licence restrictions and all prior rights applicable to each Image.	4.7 You have detailed in the relevant fields of the System any Licence restrictions that you wish to apply and to cover all rights that have previously been licensed or granted for the use of the Image/s. Alamy also reserves the right to set licence restrictions in relation to the Images.
4.10	Amendment – key terms	4.10 You will ensure that all captions, keywording, descriptions and Pseudonyms, rights management or other information pertaining to the Images are and will remain accurate and do not infringe the copyright or other rights of any third party, and are not defamatory or pornographic.	4.10 You will ensure that all Metadata including without limitation captions, keywording, descriptions and Pseudonyms, rights management or other information pertaining to the Images is and will remain accurate and factually correct and does not infringe the copyright or other rights of any third party, and are not defamatory or pornographic.
4.14	New Clause	N/A	4.14 The Image was not taken in any place where photography for commercial gain is forbidden, e.g. some museums, art galleries and other public or private buildings or areas.
6.1	Amendment	6.1 You appoint Alamy as your non-exclusive licensee to exploit all rights in the Images in the territory in all media whether current or yet to be developed, using the System.	6.1 You appoint Alamy as your non-exclusive licensee to exploit all Rights in the Images in the Territory in all media and formats whether current or yet to be developed (including for the avoidance of doubt and without limitation digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, making the Images available for reproduction on physical articles and items including without limitation on prints and posters, making the Images available on electronic equipment, mobile phones and mobile devices, CD-ROM, DVD, digital optical disk data storage and other media or via the Internet, and including them in any catalogue, Internet sites or marketing), using the System.
6.7	New clause – key term	N/A	6.7 You authorise Alamy to add the Images to one or more of its databases.
11.2	Amendment	11.2 Images which have any restrictions in place will be excluded from the distribution scheme.	11.2 Images which have any restrictions in place may be excluded from the Distribution scheme at Alamy's discretion.
12.1.1.1	Amendment – key term	12.1.1.1 Alamy Commission	12.1.1.1 Alamy Commission, as set out in the Alamy Commission Table that You authorise Alamy to deduct and retain.
12.2.2	Amendment	12.2.2. for each rights managed licence include details of the terms of the licence;	12.2.2. for each rights managed licence include details of the terms of the licence including details of any exclusivity which has been granted;
12.3	Amendment	12.3 If at the start of the first day of any calendar month the cleared funds in your account exceed US $75 Alamy will within 30 days pay you the balance due to you being:	12.3 If at the start of the first day of any calendar month the Cleared Funds in your account exceed US $75, or such lower amount as is published on the Alamy website from time to time, Alamy will, in accordance with an effective method of transfer selected by you at Registration or in My Alamy at any time, within 30 days pay you the balance due to you being:
12.4.1	Amendment	12.4.1 the amount due is equal to or under US $75, or	12.4.1 the amount due is equal to or under US $75 or such lower amount as is published on the Alamy website from time to time, or
12.8	Amendment	12.8 Licence Fees charged to Customers in currencies other than US dollars are recorded on your statements in US dollars. The exchange rate used will be reviewed monthly and adjusted in line with exchange rate fluctuations.	12.8 Licence Fees charged to Customers in currencies other than US Dollars are recorded on your statements in US Dollars. The exchange rate used will be reviewed and adjusted in line with exchange rate fluctuations.
15.1	Amendment – key term	15.1 You agree that the Images may be used at Alamy's option without charge and without prior consent or approval from you in Promotional / Marketing material designed to promote sales of Images and/or to enhance awareness of the Alamy name/brand or that of the individual Contributor. You agree that any such promotional items may be distributed by Alamy worldwide for up to two years, notwithstanding the earlier termination of the contract for any reason. For the avoidance of doubt Promotional / Marketing Material also includes articles and interviews featuring Alamy and/or its Imagery, social media and search engine listing and promotion including but not limited to 'Google Images'.	15.1 You agree that the Images may be used worldwide at Alamy's option without charge and without prior consent or approval from you in Promotional / Marketing Material or in any other manner at the sole discretion of Alamy designed to promote sales of Images and/or to enhance awareness of the Alamy name/brand or that of the individual Contributor, subject to the following:
15.1.1	New clause	N/A	15.1.1 If Images have been used in Promotional / Marketing Material prior to account termination and/or deletion those Images will be permitted to remain in that specific Promotional / Marketing Material;
15.1.2	New clause	N/A	15.1.2 For the avoidance of doubt, Images that have been deleted and/or subject to account termination will not be used in new Promotional / Marketing Material;
15.1.3	New clause	N/A	15.1.3 For the avoidance of doubt Promotional / Marketing Material also includes articles and interviews featuring Alamy and/or its Imagery, social media and search engine listing and promotion including but not limited to 'Google Images'.
15.3	New clause	N/A	15.3 You agree that we have the right, when using the Images in advertising and promotion, to alter the Images including any cropping, manipulation, combining and creation of derivative Images providing such alteration is not pornographic, defamatory or otherwise unlawful.
19.1	Amendment	19.1 Alamy may vary this contract by altering or deleting any of its provisions or adding any new provisions by giving you 45 days prior notice at any time.	19.1 Alamy may vary this Contract by altering or deleting any of its provisions or adding any new provisions by giving you 45 days prior notice at any time. If You do not accept any of the variations You have the right to terminate this Contract by giving written notice to Alamy in accordance with the provisions of clause 20.1.2.5.
21.3	Amendment	21.3 Please note that Alamy may contact you at the e-mail address, postal address or on the telephone numbers given when you register as a Contributor or those supplied in My Alamy at a later date.	21.3 Please note that Alamy may contact you at the e-mail address, postal address, on the telephone numbers given, or using any other communication method, including without limitation social media, when you register as a Contributor or those supplied in My Alamy at a later date.
28	Amendment	28 You agree that where you cannot claim yourself for sales made by Alamy but where we can claim on your behalf including, without limitation, through collecting societies, that you give us the right to collect any money due to you. Where there is the option for you to claim yourself, you may opt to do so or for us to claim on your behalf. Where we claim on your behalf you agree that we will recoup our external costs (if any) then share any remaining amount equally with you.	Subject to clause 28.1, You authorise Alamy to grant to the Collecting Society a mandate to negotiate, claim and administer the rights in respect of Secondary Uses of your Images that you have authorised Alamy to represent you for. You also confirm that for sales made by Alamy you authorise Alamy to grant to the Collecting Society an exclusive licence. Exclusivity is limited to the actual uses of the Images claimed and paid for under the collecting society's collection scheme only ("Collection"). Alamy will grant the Collecting Society a mandate to claim on your behalf a share of royalties arising from these rights collectively licensed by the collecting society as Secondary Uses and distributed through Collection. For the avoidance of doubt, the above authorisation extends only to Secondary Uses of Images that the Collecting Society manages through collective licensing schemes and does not transfer any authority to the Collecting Society to issue individual Licences for Primary Uses on your behalf, nor does it transfer the ownership of copyright to the Collecting Society. You also confirm that you have authorised Alamy to claim and receive on your behalf any royalty payments the Collecting Society has calculated as part of Collection in respect of an authorised claim made on your behalf by Alamy, and to deduct a commission or fee of 50% after recouping any applicable administration charges.
28.1	New clause	N/A	28.1 If you have specifically informed us not to claim on your behalf for Collection in the United Kingdom before July 30th 2016 then we will not claim for you under Collection unless instructed to do so. If you do instruct us to claim on your behalf this will continue for the contract duration.
29	Amendment	"Cleared Funds" Alamy operates a real-time reporting System, where sales are reported in the Contributor's account at the point at which a client purchases on credit card, or when an invoice is raised to a client purchasing on a finance account. Sales are posted to Contributors' accounts immediately and are listed as 'uncleared'. They will not clear for at least 45 days from the sale date. Credit card sales will automatically be deemed cleared on day 45 as long as the transaction has not been returned as fraudulent or is in dispute. Sales on account will be deemed cleared on day 45 if we have received payment from the Customer. Otherwise the sale will be deemed cleared as soon thereafter as we have received payment and allocated it to the Contributor's account. 'Cleared Funds' means amounts which are deemed cleared in accordance with the above process.	"Cleared Funds" Alamy operates a real-time reporting System, where sales are reported in the Contributor's account at the point at which a client purchases on credit card, or when an invoice is raised to a client purchasing on a finance account. Sales are posted to Contributors' accounts immediately and are listed as "uncleared". They will not clear for at least 45 days from the sale date. Credit card sales will automatically be deemed cleared on day 45 as long as the transaction has not been returned as fraudulent, is not suspected of being fraudulent by Alamy or is in dispute. Sales on account will be deemed cleared on day 45 if we have received payment from the Customer. Otherwise the sale will be deemed cleared as soon thereafter as we have received payment and allocated it to the Contributor's account. "Cleared Funds" means amounts which are deemed cleared in accordance with the above process.
29	New Definition	N/A	"Collecting Society" means an entity authorized by copyright owners to commercially exploit their copyrights. As it is impractical for rights holders to individually monitor all the different uses made of their works, they entrust certain parts of this task to a collecting society. In the context of this contract a collecting society is one that deals with secondary rights only.
29	New Definition	N/A	"Primary Uses" Means a use of Images as permitted by Licences granted by Alamy to its Customers. For example, a magazine using an Image in an editorial feature.
29	Amendment	"Promotional / Marketing Material" means promotional and marketing material that shall include, but not be limited to PR pieces (for example: articles in magazines or newspapers; magazine competition/subscription offers; magazine cover mounts; Front, inside and back cover Images), events (for example: inclusion of work in panels or other materials for Alamy events and third party events with which Alamy is involved; trade stands), direct mail (for example: inclusion of Images in printed mailing or promotional piece, postcards), advertisements (for example: guides to stock; magazine advertisements; magazine inserts; banner advertisements; ambient media, e.g. projection onto a wall, Image on a promotional coffee cup), email newsletters and text/Image based e-promos (for example: Alamy marketing emails, Alamy e-newsletters; viral newsletters and competitions ), search engine listing and promotion and Alamy ratified social media sites and apps.	"Promotional / Marketing Material" means promotional and marketing material that shall include, but not be limited to PR pieces (for example: articles in magazines or newspapers; magazine competition/subscription offers; magazine cover mounts; Front, inside and back cover Images), events (for example: inclusion of work in panels or other materials for Alamy events and third party events with which Alamy is involved; trade stands), direct mail (for example: inclusion of Images in printed mailing or promotional piece, postcards), advertisements (for example: guides to stock; magazine advertisements; magazine inserts; banner advertisements; ambient media, e.g. projection onto a wall, Image on a promotional coffee cup), email newsletters and text/Image based e- promos (for example: Alamy marketing emails, Alamy e-newsletters; viral newsletters and competitions ), search engine listing and promotion and Alamy ratified social media sites and apps, use in information graphics, supply of Images to third parties for use in Image galleries (Images unaccompanied by copy) and editorial pieces (Images accompanied by copy), websites and blogs in return for publicity, specific ad-hoc marketing campaigns, supply of Images to third parties for use in conferences/presentations/keynote speeches in exchange for publicity, and other uses by third parties in return for publicity.
29	New Definition		"Secondary Uses" means a use of Images that is not a Primary use, including without limitation the photocopying, scanning, printing and digital re-use and communication of Images that are part of composite works, like books and magazines, and also licences governing document delivery services, the uses made under educational recording licences and uses made under cable retransmission and also similar international uses of Images remunerated through levy Systems etc. For example, a student photocopying a magazine article with Images in it where the License for the Primary use of the Images was granted by Alamy.

30^th March 2015

Amendments - 30th March 2015 (will come into effect for all Contributors on 14th May 2015)

We made a set of amendments on 16th February but following feedback we’ve withdrawn some of these changes and replaced them with the changes listed below and extended the notice period for the other changes by a further 45 days.

Clause	Change	Listed 16th February	Replacement
Key Terms 1.3.4	Amendment	1.3.4 Delete any Images after one hundred and eighty (180) days notice. On Image deletion Alamy will cease to grant licences for the Image so deleted (but without prejudice to any licences which may subsequently be granted for Images already downloaded, or where any Image is re-used or where Alamy entered into negotiations to licence an Image prior to deletion).	1.3.4 Delete any Images after one hundred and eighty (180) days notice. On Image deletion Alamy will cease to grant licences for the Image so deleted, but without prejudice to any licences which may subsequently be granted for:  (i) Images relating to a specific use that have already been downloaded by a Customer for the purpose of such specific use prior to deletion, provided that Alamy will only be permitted to grant licences for a period of 2 years following deletion;   (ii) Images relating to a specific use in respect of which Alamy had entered into negotiations with any Customer or Distributor prior to the date of deletion, provided that Alamy will only be permitted to grant licences for a period of 2 years following deletion;   (iii) or Images that are being re-used, in accordance with clause 6.4.1.
3.1	Amendment	3.1 If an Image is deleted, whether by you or by Alamy then any licences then existing will still remain and Alamy will still be able to grant licences for:  3.1.1 Images already downloaded by a Customer prior to deletion;  3.1.2 Images for which Alamy had properly entered into negotiations with any Customer or Distributor prior to the date of deletion.  3.1.3 Images that are being re-used, in line with the restrictions and availability in place at the time of the original licence.	3.1 If an Image is deleted, whether by you or by Alamy then any licences then existing will still remain and Alamy will still be able to grant licences for:  3.1.1 Images relating to a specific use that have already been downloaded by a Customer for the purpose of such specific use prior to deletion, provided that Alamy will only be permitted to grant licences in accordance with this clause 3.1.1 for a period of 2 years following deletion;  3.1.2 Images relating to a specific use in respect of which Alamy had entered into negotiations with any Customer or Distributor prior to the date of deletion, provided that Alamy will only be permitted to grant licences in accordance with this clause 3.1.2 for a period of 2 years following deletion;  3.1.3 Images that are being re-used, in accordance with clause 6.4.1.
4.12	Amendment	Where Alamy has licensed an Image to one of its Customers or if an Image has been sourced directly or indirectly from the Alamy System and or if the Image is solely available via the Alamy System and the Systems of its Distributors, You agree that you will not contact the Customer or user of the Image for any reason pertaining to this sale or the use of the Image. This includes, without limitation, in relation to copyright Infringements where the Image was sourced from Alamy.	Where Alamy or Distributor has licensed an Image to one of its Customers, You agree that You will not contact the Customer for any reason pertaining to this sale or the use of the Image. In relation to alleged copyright Infringements You agree to contact Alamy first to check there is no relevant download or licence before contacting the user of the Image and not to contact them if Alamy advises You that there is a relevant download or licence.
6.4.1	Amendment	6.4.1 When re-licensing Images that have been previously licenced for a particular use ("Previous Use"), if in Alamy's reasonable opinion the use to which the Image/s is to be put is the same or closely similar to the previous use (including but not limited to extensions of print runs and foreign language versions), Alamy is permitted to grant a re-use licence on the terms and conditions, restrictions and availability in place at the time of the original licence. This clause will remain in full force and effect even after termination of this contract or deletion of the Image/s.	6.4.1 When re-licensing Images that have been previously licensed to a Customer, if in Alamy's reasonable opinion the content within which the Image/s is to be used is the same or very closely similar to that of the previous use (for example extensions of print runs, foreign language versions, new editions and reproduction in new or different forms of media), Alamy is permitted to grant a re-use licence on the terms and conditions, restrictions and availability in place at the time of the original licence. This clause will remain in full force and effect even after termination of this contract or deletion of the Image/s. As an example, Alamy is not entitled to grant licences for a book called ‘Countries of the World’ if the previous use was a book called ‘The World Encyclopaedia’ with different content or to grant licences for a magazine or advert if the previous use was for a book.
20.3.2	Amendment	20.3.2 continue to account to you in respect of licences granted before termination or licences granted as allowed elsewhere in this contract, including in accordance with clauses 3.1.3 and 6.4.1;	20.3.2 continue to account to you in respect of licences granted before termination or licences granted as allowed elsewhere in this contract, including in accordance with clauses 1.3.4, 3.1.3 and 6.4.1;

16^th February 2015

Amendments listed on 16th February 2015 (will come into effect on 14th May 2015 for Contributors registered before 16th February 2015)

Clause	Change	Original	Replacement
New Intro text	Addition	NA	The Small Print in Larger Print (All the legal wording written in Plain English) You are signing up to submit Images and have them sold by Alamy You also have the option to sell through our network of Distributors You are responsible for the content you upload, and you must be the copyright holder or have their permission We will pay you 50% of a direct sale made by Alamy You can quit with just 45 days notice. We report sales to you as soon as we know about them We'll pay you every month that your balance is over US $75 You will caption and keyword your Images The information you supply must be correct, particularly when talking about model or Property releases Prices are determined by Alamy Alamy's Customers cannot use photos for pornographic, defamatory, or any other unlawful purposes.
Intro	Amendment	Alamy is a member of the British Association of Picture Libraries and Agencies (BAPLA) and subscribes to its code of professional ethics.	Alamy is a member of the British Association of Picture Libraries and Agencies (BAPLA) and the Digital Media licensing Association (formerly PACA)
Intro	Amendment	Your contract with Alamy Ltd contains all the contractual conditions you need to know about working with us. gives details of our current commission model, Alamy Blue, which tells you: What you get paid. When you get paid. How you get paid. gives all financial information in US Dollars	Your contract with Alamy Ltd contains all the contractual conditions you need to know about working with us. gives details of our current commission model, Alamy Blue gives details of:- What you get paid. When you get paid. How you get paid. gives all financial information in US Dollars, but we can pay you in other currencies.
Intro	Removal	Alamy is a member of the British Association of Picture Libraries and Agencies (BAPLA) and subscribes to its code of professional ethics.	NA
Key Terms 1.3.6	Amendment	1.3.6 Supply your Images on a non exclusive basis and may therefore sell your Images in any other way you wish.	1.3.6 Supply your Images on a non exclusive basis and may therefore sell your Images in any other way you wish as long as you comply with the terms of this contract.
Key Terms 1.3.7	Amendment	1.3.7 Only if you are an Agency Contributor you may set your own prices for your royalty-free Images (but not for rights managed or novel use licences).	1.3.7 Only with Alamy’s permission and if you are an Agency Contributor you may set your own prices for your royalty-free Images (but not for rights managed or novel use licences).
New Clause 1.4.5	Addition	NA	1.4.5 Provide and maintain a valid and accessible email address supplied to Alamy at Registration or at a later date via My Alamy. We will use this email address to contact you with contractual notifications, operational updates, helpful tips and other relevant information.
Types of licence	Removal	‘Rights Managed – exclusive licence’  referred to on the website as ‘Rights Managed – exclusive licence’, or RM-E means an optional exclusive element of a rights managed licence which may be time, territory, industry or otherwise. Images with licence types assigned as rights managed – exclusive can be licensed with or without exclusivity.	NA
Types of licence	Amendment	‘Royalty Free licence’  referred to on the website as ‘Royalty Free’, or ‘RF’ means any royalty-free licence granted by Alamy during the period of this contract in respect of any Image defined by the Contributor as royalty free with the price determined by file size.	‘Royalty Free licence’  referred to on the website as ‘Royalty Free’, or ‘RF’ means any royalty-free licence granted by Alamy during the period of this contract in respect of any Image defined by the Contributor as royalty free with the price determined by file size usage, or other criteria as deemed appropriate by Alamy.
4.4	Amendment	4.4 You hold the rights to grant, market, license, sell or assign all rights in the Images, including but not limited to the rights to grant reproduction rights in the Images for print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, to make the Images available on electronic equipment, CD-ROM, DVD and other similar media or via the Internet, and to include them in any catalogue, Internet sites or marketing in any form (‘the Rights’); except for the prior rights (if any) there is not and will not during the term of this contract be any fetter on Alamy licensing each Image to a Customer to the fullest extent possible.	4.4 You hold the rights to grant, market, license, sell or assign all rights in the Images, including but not limited to the rights to grant reproduction rights in the Images for digital media, print, motion picture, television, video, cable, computer, radio, cartoon, merchandising and/or Internet, to make the Images available on electronic equipment, and other similar media or via the Internet, and to include them in any catalogue, Internet sites or marketing in any form (‘the Rights’); except for the prior rights (if any) there is not and will not during the term of this contract be any fetter on Alamy licensing each Image to a Customer to the fullest extent possible.
4.11	Removed	4.11 None of the keywords supplied by you for any Image has been copied from the keywords for an Image of any other Contributor. Alamy reserves the right to delete any group of keywords which in Alamy's opinion contain copies of another Contributor's keywords.	NA
6.2	Amendment	6.2 Where you appoint Alamy as your licensee to grant royalty free licences or rights managed - exclusive licences in respect of an Image, Alamy may vary the licences it grants in respect of that Image from royalty free or rights managed-exclusive to rights managed-by giving 45 days prior notice to you at any time. If you notify Alamy during the 45 day notice period that you do not agree to such variation then Alamy may either continue to grant licences in accordance with the original licence type in respect of that Image or, at Alamy's option, may delete that Image from the System.	6.2 Where you appoint Alamy as your licensee to grant royalty free licences or rights managed - exclusive licences in respect of an Image, Alamy may vary the licences it grants in respect of that Image from royalty free to rights managed-by giving 45 days prior notice to you at any time. If you notify Alamy during the 45 day notice period that you do not agree to such variation then Alamy may either continue to grant licences in accordance with the original licence type in respect of that Image or, at Alamy's option, may delete that Image from the System.
7.2	Amendment	7.2 Alamy agrees to use its reasonable commercial endeavours, utilising the System, to obtain reasonable licence fees for rights managed licences.	7.2 Alamy agrees to use its reasonable commercial endeavours, utilising the System, to obtain reasonable licence fees.
11.4	Amendment	11.4 You agree that for all sales made by Distributors you will pay the Distributor commission as specified in the Alamy Commission Table.	11.4 You agree that in respect of all sales made by Distributors the Distributor commission as specified in the Alamy Commission Table will apply.
12.6	Amendment	12.6 Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy's Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 2% of the spot rate on that day.	12.6 Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy's Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 2.5% of the spot rate on that day.
15.1	Amendment	15.1 You agree that the Images may be used at Alamy's option without charge and without prior consent or approval from you in Promotional / Marketing Material designed to promote sales of Images and/or to enhance awareness of the Alamy name/brand or that of the individual Contributor. You agree that any such promotional items may be distributed by Alamy worldwide for up to two years, notwithstanding the earlier termination of the contract for any reason. For the avoidance of doubt Promotional / Marketing Material also includes search engine listing and promotion including but not limited to 'google Images'.	15.1 You agree that the Images may be used at Alamy's option without charge and without prior consent or approval from you in Promotional / Marketing Material designed to promote sales of Images and/or to enhance awareness of the Alamy name/brand or that of the individual Contributor. You agree that any such promotional items may be distributed by Alamy worldwide for up to two years, notwithstanding the earlier termination of the contract for any reason. For the avoidance of doubt Promotional / Marketing Material also includes articles and interviews featuring Alamy and/or its Imagery, social media and search engine listing and promotion including but not limited to 'google Images'.
16.2.3	Amendment	16.2.3 If you take action then Alamy's sole obligations shall be to at your request and cost:  16.2.3.1 supply you with the information on its database relating to that Customer; and  16.2.3.2 provide testimony in any action which may be brought by you by verifying the terms of the contract entered. Prior to giving this assistance Alamy may require you to have indemnified Alamy for all of the costs and expenses of any such action including at Alamy's discretion providing and securing the costs of Alamy's legal and other advisers.	16.2.3 If you take action then Alamy's sole obligations shall be to at your request and cost, provide testimony in any action which may be brought by you by verifying the terms of the contract entered. Prior to giving this assistance Alamy may require you to have indemnified Alamy for all of the costs and expenses of any such action including at Alamy's discretion providing and securing the costs of Alamy's legal and other advisers.
New Clause 16.4	Addition	NA	16.4 If a Customer is declared bankrupt or goes into liquidation owing Alamy any money, we will write off the debt. If we subsequently receive any money from the official trustee or liquidator we will donate any such amount to charity if the amount recovered means it is not cost effective to pay out the funds we receive.
22.1	Amendment	22.1 Alamy reserves the right to circulate the details of you to other companies within the Alamy Group and Alamy and such companies may contact you by email or otherwise about other services.	22.1 Alamy reserves the right to circulate the details of you to other companies within the Alamy Group and Alamy and such companies may contact you by email or otherwise about other services. At all times we will adhere to applicable data protection laws and Alamy's privacy policy
New Clause 27	Addition	NA	27. Infringements  27.1 Alamy reserves the right to pursue Infringements (where the Image has been sourced from Alamy or its System, including where the Image is exclusive to Alamy and where an Alamy credit is present. You agree to Alamy pursuing these Infringements either itself or using third parties.  27.2 In the event of any alleged breach of any licence or any other Infringement of intellectual property or other rights in an Image, Alamy may either take action itself against the infringer or alternatively inform you that it will not be taking action and you may then do so at your option.  27.3 If Alamy takes action Alamy may (but shall not be obliged to) make such claims and take such action as may be necessary (in the opinion of Alamy) in connection with it. Fifty percent (50%) of all amounts recovered by Alamy in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by Alamy) shall be paid to you.
New Clause 28	Addition	NA	28. Collecting societies  You agree that where you cannot claim yourself for sales made by Alamy but where we can claim on your behalf including, without limitation, through collecting societies, that you give us the right to collect any money due to you. Where there is the option for you to claim yourself, you may opt to do so or for us to claim on your behalf. Where we claim on your behalf you agree that we will recoup our external costs (if any) then share any remaining amount equally with you.
Definitions	Addition	NA	"Infringement"  means the use of an Image sourced from Alamy or its System and used without permission. Permission must be in the form of a valid license or other permissible agreement.

12^th November 2013

The latest version of the Alamy Contributor contract, published on 12th November 2013, included some changes to our terms

For Contributors who registered before 12th November 2013, the new contract came into force on 27th December 2013, 45 days from the notification date of 12th November 2013

For Contributors who registered from 12th November 2013 onwards, the new contract was in force from the point of Registration.

What's changed?

We’ve lowered the payment threshold to US $75 and this will come into force for the 1st December pay run.

Also we will not be charging any fees for any methods of payment.

All key changes are summarised below for easy reference:

Payment frequency - We will pay you monthly, if your Cleared Funds exceed US $75

Clause	Change	Original	Replacement
12.3	Amendment	If at the start of the first day of any calendar month the Cleared Funds in your account exceed US $100 Alamy will within 30 days pay you the balance due to you being	If at the start of the first day of any calendar month the Cleared Funds in your account exceed US $75 Alamy will within 30 days pay you the balance due to you being
12.4.1	Amendment	the amount due is equal to or under US $100, or	the amount due is equal to or under US $75, or
12.7.5	Removed	Payment charges incurred by Alamy for Contributor’s selecting the following payment methods: PayPal Fund transfers to your bank account (except US Dollars to banks in the US and GB Pounds to banks in the UK)	NA
Payment frequency - We will pay you monthly if your Cleared Funds exceed US $75

15^th October 2013

The latest version of the Alamy Contributor contract, published on 15th October 2013, included some changes to our terms.

For Contributors who registered before 15th October 2013, the new contract came into force on 30th November 2013, 45 days from the notification date of 15th October 2013.

For Contributors who registered from 15th October 2013 onwards, the new contract was in force from the point of Registration.

What's changed?

We’ve lowered the payment threshold to US $100. However as some of the payment methods we’re using are expensive we’re passing on these costs. We aim however to ensure that every Contributor has a payment method which means they can receive their money for free.

In effect payments are now split as follows:

All key changes are summarised below, for easy reference:

 

Payment frequency - We will pay you monthly, if your Cleared Funds exceed US $100

Clause	Change	Original	Replacement
12.3	Amendment	If at the start of the first day of any calendar month the Cleared Funds in your account exceed US $175 Alamy will within 30 days pay you the balance due to you being	If at the start of the first day of any calendar month the Cleared Funds in your account exceed US $100 Alamy will within 30 days pay you the balance due to you being
12.4.1	Amendment	the amount due is equal to or under US $175, or	the amount due is equal to or under US $100, or
12.6	Amendment	Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 1.5% of the spot rate on that day	Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 2% of the spot rate on that day.
12.7.5	New clause	Payment charges incurred by Alamy for Contributor’s selecting the following payment methods: PayPal Fund transfers to your bank account (except US Dollars to banks in the US and GB Pounds to banks in the UK)	NA
27	Change to Definition	"Payment Provider"  means Citibank, Alamy or any other payment provider as decided by Alamy.	"Payment Provider"  means Alamy or any other payment provider as decided by Alamy.
Payment frequency - We will pay you monthly if your Cleared Funds exceed US $100

20^th November 2012

The latest version of the Alamy Contributor contract, published on 20th November 2012, included some important changes to our terms.

For Contributors who registered before 20th November 2012, the new contract came into force on 5th January 2013, 45 days from the notification date of 20th November 2012.

For Contributors who registered from 20th November 2012 onwards, the new contract was in force from the point of Registration.

What changed?

The most important changes to our terms were increased Alamy Commission on direct and third-party Distributor sales.

All key changes are summarised below, for easy reference:

• Alamy Commission on direct sales increased by 10 percentage points on all commission schedules
  • Alamy Blue (current model): Alamy Commission 50%, Contributor commission 50%
  • Alamy Red (discontinued model): Alamy Commission 30%, Contributor commission 70%
  • Alamy Green (discontinued model): Alamy Commission 40%, Contributor commission 60%
• Alamy Distributor commission increased by 10 percentage points
  • Contributor commission 30%, Alamy Distributor commission 70% (comprised of 30% Alamy Commission and 40% Distributor commission).

A new version of the Alamy Commission table was introduced as per below

Alamy Commission models, rates, fees and payment	Current model
	Alamy Blue
	Alamy CommissionFor sales through www.alamy.com	50%
Alamy Distribution Commission For sales through our Distributors(30% to Alamy, 40% to the Distributor)	70%
Alamy Novel Use Commission For sales through Novel Use	50%
Alamy Video Commission For video sales	50%
Payment frequency - We will pay you monthly, if your Cleared Funds exceed US $175

Reference to the discontinued models Alamy Green and Alamy Red was removed from the table and details of these models was placed at the end of the contract.

Clause	Change	Original	Replacement
1.3.1.1	Removed	For video control country in which video are available for use by Customers for rights managed Images but not for royalty free Images or novel use licences.	NA
6.4.1	New clause	When re-licensing Images that have been previously licenced for a particular use ("Previous Use"), if in Alamy´s reasonable opinion the use to which the Image/s is to be put is the same or closely similar to the previous use (including but not limited to extensions of print runs and foreign language versions), Alamy is permitted to grant a re-use licence on the terms and conditions, restrictions and availability in place at the time of the original licence.	NA
12.6	Amendment	12.6 Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 100 base points of the spot rate on that day.	12.6 Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 1.5% of the spot rate on that day.
27	Change to definition	"Promotional / Marketing Material" means promotional and marketing material that shall include, but not be limited to PR pieces (for example: articles in magazines or newspapers; magazine competition/subscription offers; magazine cover mounts; Front, inside and back cover Images), events (for example: inclusion of work in panels or other materials for Alamy events and third party events with which Alamy is involved; trade stands), direct mail (for example: inclusion of Images in printed mailing or promotional piece, postcards), advertisements (for example: guides to stock; magazine advertisements; magazine inserts; banner advertisements; ambient media, e.g. projection onto a wall, Image on a promotional coffee cup), email newsletters and text/Image based e-promos (for example: Alamy e-newsletters; viral newsletters and competitions ), search engine listing and promotion, multi media (e.g. promotional CD-ROMs).	"Promotional / Marketing Material" means promotional and marketing material that shall include, but not be limited to PR pieces (for example: articles in magazines or newspapers; magazine competition/subscription offers; magazine cover mounts; Front, inside and back cover Images), events (for example: inclusion of work in panels or other materials for Alamy events and third party events with which Alamy is involved; trade stands), direct mail (for example: inclusion of Images in printed mailing or promotional piece, postcards), advertisements (for example: guides to stock; magazine advertisements; magazine inserts; banner advertisements; ambient media, e.g. projection onto a wall, Image on a promotional coffee cup), email newsletters and text/Image based e-promos (for example: Alamy marketing emails, Alamy e-newsletters; viral newsletters and competitions ), search engine listing and promotion, Alamy ratified social media sites and apps.
27	Change to definition	"Alamy Group" means Alamy Ltd and its Subsidiaries and/or any future Holding Company and "Subsidiary" means a subsidiary within the meaning of Section 736 of the Companies Act 1985 as amended by Section 144 of the Companies Act 1989 and "Holding Company" means a holding company within the meaning of Section 736 of the Companies Act 1985 as amended by Section 144 of the Companies Act 1989.	"Alamy Group" means Alamy Ltd and its subsidiaries and/or any future holding company and "Subsidiary" and “Holding Company” means a subsidiary and holding company within the meaning of Section 1159 of the Companies Act 2006.

View the previous version of the contract, valid for all Contributors registered prior to November 20th 2012. For those registered after November 20th, the current contract was in force at the point of Registration.

24^th November 2011

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• We have made the necessary changes to the contract in order to reflect the reduction in the payment threshold.
• If there has been a spelling or grammatical change then this has not been listed.
• If a clause has changed in no major way except in number then this has not been listed.

Clause	Change	Original	Replacement
Alamy Commission Table	Amendment	“We will pay you monthly, if your Cleared Funds exceed US $250”	“We will pay you monthly, if your Cleared Funds exceed US $175”
12.3	Amendment	If at the start of the first day of any calendar month the Cleared Funds in your account exceed US $250 Alamy will within 30 days pay you the balance due to you being:	If at the start of the first day of any calendar month the Cleared Funds in your account exceed US $175 Alamy will within 30 days pay you the balance due to you being:
12.4.1	Amendment	the amount due is equal to or under US $250	the amount due is equal to or under US $175

28^th July 2011

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• We have made some minor additions to the contract in order to include news Imagery and video.
• If there has been a spelling or grammatical change then this has not been listed.
• If a clause has changed in no major way except in number then this has not been listed.

Clause	Change	Original	Replacement
1.1.	Amendment	“Images” means any digitised photograph, illustration or other Image of whatever nature which at any time during the term of this contract you submit to Alamy.	“Images” means any digitised photograph, video, illustration or other Image of whatever nature which at any time during the term of this contract you submit to Alamy.
1.3.1	Amendment	control country, usage, media type and industry in which Images are available for use by Customers for rights managed Images but not for royalty free Images or novel use licences.	For all Images except video control country, usage, media type and industry in which Images are available for use by Customers for rights managed Images but not for royalty free Images or novel use licences.
1.3.1.1	New clause		For video control country in which video are available for use by Customers for rights managed Images but not for royalty free Images or novel use licences.
	New clause		Changes made to commission table to now include video commission.
26.1	New clause		All Images submitted via any designated routes for news, Sport or entertainment Images must adhere to Alamy's published guidelines for news Images.
26.2	New Clause		Images submitted as News must be free of any manipulation or alteration which alters the truth of the Image.
26.3	New Clause		The decision as to whether an Image is suitable for representation as a News Image is at Alamy’s sole discretion.

27. Definitions

Definition	Change	Original		Replacement
"Alamy video commission"	New definition		means the percentage commission that Alamy receives in respect of licences of video as set out in the Alamy Commission Table.
"News Image"	New definition		means any “mage” that is ; i) is submitted by the Contributor for inclusion in any, feed, gallery or other method of representation where the subject matter and nature of the Image has an immediacy or relevancy pertaining to a current topic of interest, and ii) is accepted by Alamy as suitable for inclusion.
“Image”	Amendment	means any digitised photograph, illustration or other Image of whatever nature which at any time during the term of this contract you submit to Alamy.	means any digitised photograph, video, illustration or other Image of whatever nature which at any time during the term of this contract you submit to Alamy.

15^th July 2010

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• We have made some minor adjustments to the way we pay you and that we can stop payments if we don’t have up to date details for you.
• If there has been a spelling or grammatical change then this has not been listed.
• If a clause has changed in no major way except in number then this has not been listed.

12. Statements and payment

Clause	Change	Original	Replacement
12.3	Amendment	If on the first UK working day of any calendar month the Cleared Funds in your account exceed US $250 Alamy will within 30 days pay you the balance due to you being:	If at the start of the first day  of any calendar month the Cleared Funds in your account exceed US $250 Alamy will within 30 days pay you the balance due to you being:
12.4.	Amendment	The payment due for each month shown in the statement shall be paid to you in the currency specified in My Alamy. However, if the amount due is equal to or under US $250, no payment will be made and the amount shall be carried forward to the following month.	The payment due for each month shown in the statement shall be paid to you in the currency specified in My Alamy. However no payment will be made and the amount shall be carried forward to the following month, if
12.4.1	New clause		the amount due is equal to or under US $250, or
12.4.2	New clause		we have previously tried to pay you and your details are incorrect and have not been updated, or
12.4.3	New clause		we no longer support the payment method you have chosen
12.6	Amendment	Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment. If the rate is provided by Alamy it will be within 100 basis points of the spot rate on that day.	Amounts due to you where you are not paid in US Dollars shall be converted from US Dollars to the currency for payment at the rate provided by Alamy or Alamy’s Payment Provider on the date of payment or the preceding UK working day. If the rate is provided by Alamy it will be within 100 basis points of the spot rate on that day.
12.7.2	Amendment	any amounts due from you to Alamy where you are also a purchaser from Alamy.	any amounts due from you to Alamy where you are also a purchaser from Alamy or a Distributor.

2.26. Definitions

Definition	Change	Original	Replacement
"Registration"	Amendment	means the on-line display on the System at the time you complete the Registration process and which will have included: your name and address. and the bank account details (if applicable) for payment to you. the currency in which you are to be paid.	means the on-line display on the System at the time you complete the Registration process and which will have included: your name and address. your login details for your account with Alamy.

26^th November 2008

The latest version of the Alamy Contributor contract, published on November 26th 2008, included some important changes to our terms.     For Contributors who registered before 26th November 2008, the new contract came into force on 10th January 2009, 45 days from the notification date of 26th November 2008.    For Contributors who registered from 26th November 2008 onwards, the new contract was in force from the point of Registration.     The commission split on sales for ALL Contributors, regardless of Registration date remained as per the previous contract until 10th January 2009, when our Systems changed to reflect the 5% increase in Alamy Commission as per the current contract.     Payment and foreign exchange fees were also charged until 10th January 2009  

What changed?

The most important changes to our terms were increased Alamy Commission on direct and third-party Distributor sales, and the abolishment of all payment fees. 

The contract was also re-drafted to make it easier to read and updated to remove outdated clauses and terminology. All key changes are summarised below, for easy reference:

• Alamy Commission on direct sales increased by 5% on all commission schedules
  • Alamy Blue (current model): Alamy Commission 40%, Contributor commission 60%
  • Alamy Red (discontinued model): Alamy Commission 20%, Contributor commission 80%
  • Alamy Green (discontinued model): Alamy Commission 30%, Contributor commission 70%
• Alamy Distributor commission increased by 5%
  • Contributor commission 40%, Alamy Distributor commission 60% (comprised of 20% Alamy Commission and 40% Distributor commission).
• All payment fees discontinued:
  • For Contributors paid by cheque:
    • US $8 fee for cheque payment.
    • US $15 cheque cancellation fee
  • For Contributors paid by funds transfer
    • US $11 fee for payment
    • The 1% foreign exchange fee for funds transfer in currencies other than USD
• Termination notice: Alamy may now terminate a Contributor’s contract with 45 days notice as opposed to 6 months, which is now inline with notice required from Contributors to terminate the contract (clause 20.2.1).
• Licence type definitions: Change from traditional licence (with or without rights protection) to “rights managed” and “Rights Managed - Exclusive” licences to be consistent with common industry terminology
• Licensing Images after deletion: New clause (3.1.1) to cater for existing agreements with some clients who download Images and later confirm usage post deletion
• Emphasis that novel use and distribution are optional schemes
• Old clause 7 removed: “Contributor reporting of sales to Alamy” Previously, when a client contacted a Contributor directly as a result of having seen an Image on the Alamy site, the Contributor was required to pay Alamy 10% of the net sale value.  
• Old clause 14 removed: “Audit rights of Alamy on Contributor” This clause was only required to enable Alamy to investigate whether Contributors were reporting direct sales to Alamy (as per clause 7). Since clause 7 has now been removed, this clause is no longer required. 
• Glossary terms: Old terms have been removed where they no longer reflect areas of the website. New terms have been added

View the previous version of the contract, valid from 21st September 2007 until 26th November 2008 for all Contributors registered prior to November 26th ­2008. For those registered after November 26th, the current contract was in force at the point of Registration.

21^st September 2007

A detailed explanation of the changes made under each clause is outlined below.

Table of Alamy Commission models, rates, fees and payment

New Optional Scheme - Novel Use Commission:

Alamy Novel Use commission For sales through Novel Use (including 5% Order processing fee)	50%	50%	50%

Table

Heading	Change	Original	Replacement
Alamy Commission	Amendment	Alamy Commission For sales through www.alamy.com	Alamy Commission For sales through www.alamy.com (including 5% Order processing fee)

1. Preliminary

2. Definitions

2. Appointment of Alamy

8. Distribution

10. Representations, warranties and undertakings by Contributor

12. Pricing and promotion

8^th October 2006

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• All references to "My Account" have been changed to "My Alamy".
• All references to "Zones" have been removed.
• The Alamy Green Commission schedule is no longer available to new Contributors.
• If there has been a spelling or grammatical change then this has not been listed.
• If a clause has changed in no major way except in number then this has not been listed.
• All references to Withholding tax (WHT) have been removed.

1. Preliminary

2. Definitions

3. Appointment of Alamy

4. Commission, fees, payment and acceptance

5. Tax

6. Representations, warranties and undertakings by Contributor

7. Pricing and promotion

8. Termination

6^th May 2004

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• If there has been a spelling or grammatical change then this has not been listed, nor have we listed capitalising initials. We have not listed where clause numbers have changed due to new clauses being inserted.
• We have deleted the detail relating to the split of the Distributor commission between Alamy and the Distributor. The Distributor commission remains at 55%.
• View previous version of the Contributor agreement; valid from 12.00 GMT, 10th December 2003, until 08.00 BST (07.00 GMT), 6th May 2004.

1. Preliminary

2. Definitions

3. Tax

4. Distribution

10^th December 2003

User: [email protected], Date: 01/07/03, Time: 12:00:00 GMT

Alteration to the Contributor agreement on 12.00 GMT, 10th December 2003

A detailed explanation of the changes made under each clause is outlined below. Please be aware of the following points when reviewing the amendments:

• If there has been a spelling or grammatical change then this has not been listed, nor have we listed capitalising initials.
• We have referenced Alamy as Alamy in the contract rather than Alamy.com, and deleted all mention of the word 'broker'.
• View previous version of the contibutor agreement; valid from 12.00 GMT, 1st July 2003 until 12.00 GMT, 10th December 2003.

1. Preliminary

2. Definitions

3. Contracting Parties

4. Appointment of Alamy

5. Commission, fees, payment and acceptance

6. Contributor reporting of sales to Alamy

7. Distribution

8. Breaches of licences and defaults by Customers

9. Representations, warranties and undertakings by contributor

10. Obligations of Alamy

11. Pricing and Promotion

12. Audit rights of Alamy on contributor

13. Credits, copyright notices and promotion

14. Liability of Alamy

15. Termination

16. Binding Effect

17. Notices

18. Choice of Law

1^st July 2003

User: [email protected], Date: 01/07/03, Time: 12:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the Alamy.com contributor's agreement.

You can view the contributor agreement which was on the site between 12.20 GMT, 9th December 2002 and 12.00 GMT, 1st July 2003 by clicking here.

If a clause has changed in no major way except in number then this has not been listed. Please note where previously we referenced to a Clause number in the agreement we have now referenced to a Clause heading. These changes have not been listed. If there has been a spelling or grammatical change then this has not been listed.

Contributor contract changes

7. Distribution

This has been inserted:

5. The following clause applies only to Contributors who have not agreed to the Alamy distribution scheme outright, or have only selected certain territories in which their Images are not available to Alamy Distributors;
   From time to time Alamy produce promotional material that is issued to prospective and existing Customers worldwide. Promotional Material is defined as solely existing in print and does not include Images presented online. In cases where Promotional Material is requested by Alamy Distributors, Alamy's Distributors have the right to sell any Images that are included in Alamy Promotional Material. Sales to Distributors of Images included in promotional material will be charged at the contributor's normal rate of commission and not at the Distributor commission rate.

8. Breaches of licenses by Customers

Clause a, this has been deleted;

"is providing a low cost broker service and that it" Clause b has been amended to this:

2. In the event of any alleged breach of any license by a Customer or any other Infringement of intellectual property or other rights, the contributor may either take action themselves against the Customer or request Alamy.com to take action.

In the event of the contributor taking action then Alamy.com's sole obligations shall be to:

1. supply the contributor with the information on its database relating to that Customer; and
2. provide testimony in any action which may be brought by the contributor by verifying the terms of the contract entered. Prior to giving this assistance Alamy.com may require the contributor to have indemnified Alamy.com for all of the costs and expenses of any such action including at Alamy.com's discretion providing and securing the costs of Alamy.com's legal and other advisers.

In the event of the contributor authorising Alamy.com to take action Alamy.com may:

3. make such claims and take such action as may be necessary (in the opinion of Alamy.com) in connection herewith. Fifty percent (50 %) of all amounts recovered by Alamy.com in connection with such claims or actions (after first deducting collection fees and reasonable legal expenses incurred by Alamy.com in connection herewith) shall be paid to the Contributor. Nothing herein shall limit Contributor's right to make such claim or to take such action.

9. Representations, warranties and undertakings by contributor

This:

6. where the contributor has indicated that a release is available they must have access to that release and must be able to make it available to Alamy.com if it is requested by Alamy.com;

has been replaced by:

6. where the contributor has indicated that a release is available he/she must have access to that release and must be able to make the original available to Alamy.com if it is requested by Alamy.com;

This has been inserted:

7. The contributor warrants that all information he/she gives to Alamy.com by any means (including without limitation via the Alamy.com web site or through spreadsheets) concerning model and/or property Releases for any Images will be true and accurate and that all model and/or property Releases of which Alamy.com is informed of by the contributor will (a) be legally binding and (b) (except as otherwise notified to Alamy.com via the Alamy.com web site or, with the agreement of Alamy.com, via email) authorise all uses of the Images anywhere in the world including without limitation uses in relation to sensitive issues. The contributor agrees to indemnify Alamy.com against all losses, damages, expenses and costs (including legal costs) arising out of any breach of this warranty, including without limitation where the contributor has stated there is a release for an Image but no such release exists, or where the contributor has stated information regarding the release which proves to be incorrect.

11. Pricing and promotion

This:

4. Where an Image has been used in a printed promotional piece then the contributor agrees that the Image will remain available for sale on the Alamy.com site for a period of two years from the date of publication/distribution of the promotional material, unless the Image has been sold exclusively otherwise than via the System or the contributor has assigned exclusive rights for that Image to a third party. This clause to stand even if the contributor wishes to terminate their contract.

has been replaced by:

4. Where an Image has been used in a printed promotional piece by Alamy.com then the contributor agrees that the Image will remain available for sale on the Alamy.com site for a period of two years from the date of publication/distribution of the promotional material, unless the Image has been sold exclusively for world rights otherwise than via the System. This clause to stand even if the contributor terminates their contract.

9^th December 2002

User: [email protected], Date: 09/12/02, Time: 12:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the Alamy.com contributor's agreement.

Our contributor contract has been altered, principally to accommodate the additional clauses which relate to Distribution (if you have chosen to participate). However, we would also like to alert you to the change to our policy on deleting Images clause 1 c) which applies to all Contributors.

You can view the contributor agreement which was on the site between 10.00 GMT, 02 May 2002 and 12.00 GMT, 9th December 2002 by clicking here.

If a clause has changed in no major way except in number then this has not been listed. All clause numbers after no.5 in the old contract have changed their number. For example clause no.6 now becomes clause no.8 and so on. Please note where previously we referenced to a Clause number in the agreement we have now referenced to a Clause heading. These changes have not been listed. If there has been a spelling or grammatical change then this has not been listed.

Contributor contract changes

This has been inserted:

Alamy.com fees and commissions schedule		Model Type
		Alamy Red Not available after 02 May 2002	Alamy Green	Alamy Blue
Distribution Sales Commission	All Zones	55% (Distributor 30%) (Alamy 25%)	55% (Distributor 30%) (Alamy 25%)	55% (Distributor 30%) (Alamy 25%)

• Clause 1c Preliminary

  Delete any Images at any time, subject to clause 9, d has been replaced by: Delete any Images after one hundred and eighty (180) days notice, subject to the section entitled "Pricing and Promotion", clause d.

• Clause 2 Definitions

  This has been inserted: "Distribution Sales Commission" means the percentage commission charged by Alamy.com on the net licence fee as set out in the Alamy.com fees and commissions Schedule on all sales made by Distributors This has been inserted: "Distributor" means any third party company appointed by Alamy.com to sell contributor's Images to end user Customers in territories to which the contributor have given their agreement. "Listing Services"  means the services which may be provided by Alamy.com in respect of the display and... has been replaced by: "Listing Services"  means the services which may be provided by Alamy.com in respect of the submission, storage, display and...

• Clauses 5 b, c, & d have become Clause 6 a, b & c

• This has been inserted:

  Distribution 7.
  1. If the contributor agrees to their Images being sold through a Distributor by confirming through the Alamy.com website, in writing, by email, or verbally to a member of the Alamy.com staff then all of the contributor's Images will be available for sale by Distributors in the territories specified.
  2. The contributor agrees that they will specify in which territories they wish their Images to be available and once these territories have been selected the contributor cannot deselect territories until 31 March 2004.
  3. The contributor agrees that for all sales made by Distributors the contributor will pay the distribution sales commission.
  4. Non-withstanding the clauses above the contributor's rights of termination as laid out in the Section entitled "Termination" remain unaffected, as do their rights in regards to removing individual Images.
• Clause 9 Representations, warranties and undertakings by contributor This has been inserted:
  8. any information supplied for display with any Image, including captions, key words, descriptions, pseudonyms, agency names and descriptions does not include information not pertaining to the specific Image itself including but not limited to contact details, web addresses, Uniform Resource Locator's (URL's) and copyright and rights management information.

2^nd May 2002

User: [email protected], Date: 02/05/02, Time: 10:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the Alamy.com contributor's agreement.

You can view the contributor Agreemet which was on the site between 17.00 GMT, 27 February 2002 and 10.00 GMT, 02 May 2002 by clicking here.

If a clause has changed in no major way except in number then this has not been listed. If there has been a spelling or grammatical change then this has not been listed. All clause numbers after no.9 in the old contract have changed their number. For example clause no.10 now becomes clause no.11 and so on.

Contributor contract changes

Alamy.com fees and commissions schedule

	Units	Amount	Timing
Order processing fees
Credit card processing fee of gross license fee	%	5.00	--
OR
Invoicing and collection of gross licence fee from Customers with accounts	%	5.00	--
Collector Commission
Commission on net licence fees for an Image sold through a collection section	%	0.00	--
Alamy.com fees and commissions
Alamy.com commission of net licence fee for Contributors with a registered payment address in Austria, Belgium, Canada, Denmark, Finland, Franced Germany, Gibraltar, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States of America	%	10.00	--
Alamy.com commission of net licence fee for Contributors with a registered payment address in all other countries (not listed above)	%	20.00	--
Image Submission fee (per Image submitted)	US$	2.00	--
Storage Fee per Image per month, or part thereof, levied in advance of the first day of the month. This charge will come into effect on 1st March 20d3	US$	0.10 (cents)	--
Payment frequency
If Account Balance (net of commissions) is > US $250 of Cleared Funds	--	--	Monthly
Payment fees
Cheque fee - Citibank Processing and Postage	US$	8.00	--
Citibank Foreign exchange fee (if payment not in US$) of net balance	%	1.00	--
Cheque cancellation fee	US$	15.00	--
OR
Wire Transfer fee - Citibank Processing and Administration	US$	11.00	--
Citibank Foreign exchange fee (if payment not in US$) of net balance	US%	1.00	--

Has been replaced by the following table:

Alamy.com fees and commissions schedule		Model Type
		Alamy Red Not available after 02 May 2002	Alamy Green	Alamy Blue
Commission Includes 5% Order Processing Fee	Zone 1	15%	25%	35%
	Zone 2	25%	35%	45%
Storage Fees Per Image per month	All Zones	10c (From March 2003)	10c (From March 2003)	None
Submission fees	All Zones	US $2 per Image	None	None
Payment fees	All Zones	Either: US $8 Cheque fee - Citibank Processing and Postage 1% Citibank Foreign exchange fee (if payment not in US$) of net balance US $15 Cheque cancellation fee Or: US $11 Wire Transfer fee - Citibank Processing and Administration 1% Citibank Foreign exchange fee (if payment not in US$) of net balance
Payment frequency	All Zones	If Account Balance (net of commissions) is more than US $250 of Cleared Funds

Zone 1For Contributors with a registered payment address in Austria, Belgium, Canada, Denmark, Finland, France, Germany, Gibraltar, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States of America.

Zone 2For Contributors with a registered payment address in all other countries not listed above.

1. Preliminary

   1. 1.1. Replaced "third parties" with "Customers"
   2. Replaced "in the listing confirmation" with "at Registration"

   This has been inserted:Under this contract the contributor has the right to:

   • 1.1 Control country, usage, media type and industry in which their Images are available for sale in.
   • 1.2 Control whether each Image they submit is displayed as a licensed (with or without rights protection) or royalty free Image.
   • 1.3 Delete any Images at any time, subject to clause 9, d.
   • 1.4 Update the System, and must do so in respect of any sale on exclusive terms not made via the Alamy.com System.
   • 1.5 Supply their Images on a non exclusive basis and may therefore sell their Images in any other way they wish.
   • 1.6 Set their own prices for their Images if the contributor is a royalty free agency.

   A contract shall be entered into between Alamy.com and any copyright owner or agent when the "I Accept" button is clicked following the display of a completed listing confirmation. The contract shall comprise that listing confirmation Form and the terms and conditions set out or referred to below.

   The contract may be varied or substituted at any time by the completion of a new listing confirmation. The contract may be terminated by Alamy.com or the copyright owner or agent in accordance with clause 14 below.  has been replaced by: A contract shall be entered into between Alamy.com and any copyright owner or agent when the Registration process is completed by the contributor and they have ticked the accepting the contributor agreement box during the Registration Process.

   The contract shall comprise that Registration Form and the terms and conditions set out or referred to below.

   The contract may be varied or substituted at any time under clause 3 c below. The contract may be terminated by Alamy.com or the copyright owner or agent in accordance with clause 15 below.

2. Definitions

   The following definitions shall apply:"Agent" Replaced" in the listing confirmation applicable to any Image "with" at Registration

   "Cleared Funds"  means funds available to pay the contributor from licence sales made, where the time to clear the funds shall be the longer of either 45 days from the date of the licence sale or the date on which receipt of the funds for the sale is cleared in Alamy.com's bank account.
   has been replaced by: "Cleared Funds" means funds available to pay the contributor from licence sales after receipt of funds for the sale has been cleared in Alamy.com's bank account but not sooner than 45 days from the date of the licence sale.

   "Collector" Replaced "in a listing confirmation" with "at Registration"

   This has been inserted:  "Commission" means the Alamy.com commission on the net license fee

   "Contributor" Replaced "the listing confirmation" with "Registration"

   "Copyright Owner" Replaced "recorded in the listing confirmation form applicable to that Image" with "at Registration"

   This has been inserted  "Custom Pricing" means pricing agreements entered into with Customers where Images are licensed for set amounts, dependent upon usage, These license prices may vary from those of the Alamy.com license calculator.

   "Listing confirmation" means the on-line display on the System at the time the contributor clicks the "I agree" button and which will have detailed:

   1. 2.1 the name and address of the contributor and the bank account details (if applicable) for payment to the contributor.
   2. 2.2 the currency in which the contributor desires that net license fees which are Cleared Funds are to be remitted to him/her
   3. 2.3 where the contributor is an agent the name and/or identification reference code for the copyright owner of each Image being provided by the contributor
   4. 2.4 the Alamy.com Gallery in which the Image is to be displayed which may be a
      • 2.4.1 Royalty-free gallery; or
      • 2.4.2 a Traditional license gallery;
      • 2.4.3 a Collector's gallery;
   5. 2.5 the listing services selected by the contributor for each Image
   6. 2.6 any Prior Rights or any restrictions as to territory, media or otherwise which are to apply to the broker appointment of Alamy.com for any Image
   7. 2.7 if applicable, the contributor's permission for Images to be made available on a discounted basis or subscription basis to educational and/or charitable organisations
   8. 2.8 when available on the System and, if applicable, the contributor's request that net license fees attributable to selected Images be paid to a charity of the contributor's choice

   has been replaced by:  "Listing confirmation"  means the on-line display on the System called my Images used by the contributor to assign attributes to Image(s), including but not limited to license types, license restrictions, keywords, descriptions, captions and pseudonyms.

   This has been inserted: "My Account" means the website pages in which the contributor details are specified.  "My Images" means the website pages which the Images contributed by the contributor are displayed and where relevant details for Images may be added or amended.  "Order Processing Fee" means the Alamy.com fee charged on the gross license fee for credit card processing or invoicing and collection from Customers with accounts. For the avoidance of doubt, where a company within the Alamy.com group licenses an Image to a Customer, and this license sale is subject to sales tax (e.g. VAT), then the order processing fee is calculated on the net license fee and the sales tax. element added together.  "Registration" means the on-line display on the System at the time the contributor clicks the "Register" button at the end of the Registration process and which will have detailed:

   1. the name and address of the contributor and the bank account details (if applicable) for payment to the contributor.
   2. the currency in which the contributor desires that net license fees which are Cleared Funds are to be remitted to him/her.

   "Storage Fee" means the Alamy.com fee per Image per month, or part thereof, levied in advance on the first day of the month. This fee will come into effect on 1st March 2003.

   "Traditional License" Replaced "License in Alamy.com's standard granted by..." with "License in Alamy.com's standard form granted by..."

   "Traditional Licensing" Replaced "... or catalogue of "Images Section" intended for licensing..." with " or catalogue of Images intended for licensing..."

   This has been deleted: "Termination Fee"  means the fee payable for withdrawing an Image from the System as described in these terms and conditions.

3. Contracting parties

   Replaced:

   1. The broker contract represented by a listing confirmation and these terms and conditions are between Alamy.com and the contributor. licenses are entered into by Alamy.com as agent for the copyright owner of an Image.
   2. Alamy.com may change these terms and conditions by giving 45 days prior notice at any time.
   3. No person who is not a party to the contract may enforce any term or condition of it.

   With

   1. The broker contract represented by Registration and these terms and conditions are between Alamy.com and the contributor.
   2. Where the contributor is the copyright owner Alamy.com is agent for the copyright owner. Where the contributor is itself agent for the copyright owner Alamy.com is sub-agent but Alamy.com's contract is with the agent only.
   3. Alamy.com may change these terms and conditions by giving 45 days prior notice at any time.
   4. No person who is not a party to this contract (including any copyright owner or sub-agent of a contributor) may enforce any term or condition of it and the contracts (rights of third parties) Act 1999 shall not apply.

4. Appointment of Alamy.com This has been inserted:

   2. 4.1 Where the contributor is an agent s/he warrants that s/he has the authority of the copyright owner to enter into this contributor agreement.

5. Broker commission, fees, payment and acceptance

   2. "The contributor shall report all sales made by the contributor or the contributor's sub agents where either the sale has originated from a search on the website maintained by any company in the Alamy.com group, or where Alamy.com has provided a high resolution Image for the fulfilment of the sale by a contributor."

   has been replaced by:

   2. 5.1 "The contributor shall report all sales made by the contributor or the contributor's sub agents where either a sale was made where a Customer has stated that the Image they require was found on the website maintained by any company in the Alamy.com Group, or where Alamy.com has provided a high resolution Image for the fulfilment of the sale by a contributor. A statement by a Customer as to where they first found an Image shall be conclusive evidence as between the contributor and Alamy.com as to whether the Image was found via the Alamy.com website " 
   • 5.1 the amount due to Alamy.com for the month, which shall be calculated as the relevant percentage as set out in the Alamy.com Fees and commissions schedule multiplied by the total amount collected in the relevant month of all previous sales, or, if the contributor so wishes, the relevant percentage multiplied by the amount of net sales in the month.

   has been replaced by:

   • 5.1 the amount due to Alamy.com for the month which shall be calculated as 10% of the amount collected or, if the contributor so wishes, invoiced in respect of sales of Images (net of any transaction of sales tax including VAT) in the previous month. 
   3. 5.1 Replaced "15 days" with "30 days".
   4. 5.2 Deleted " or the amount of the termination fee."
   6. 5.3 Replaced " in the listing confirmation" with "at Registration".

6. Representations, warranties and undertakings by contributor

   The contributor represents, warrants and undertakes to Alamy.com as follows:

   This has been inserted:

   1. 6.1 The contributor has detailed in the relevant field in "My Images" all prior rights applicable to each Image.
   5. 6.2 the contributor has reviewed each Image supplied by him/her and has secured any Releases relevant to each Image; Has been replaced with:
   5. 6.3 where the contributor has indicated that a release is available they must have access to that release and must be able to make it available to Alamy.com if it is requested by Alamy.com;
   6. 6.4 captioned information provided with any Image is accurate and does not infringe the rights of any third party; Has been replaced with:
   6. 6.5 any information supplied with any Image or for use on the Alamy.com website is accurate and does not infringe the rights of any third party, and is not defamatory or pornographic. This information includes, but is not limited to, captioning, keywording, descriptions and pseudonyms;

   This has been inserted:

   7. 6.1 the contributor understands that they assign the license types available on the website to each Image they submit, and that the contributor understands the implications of each license type(s) they select. The contributor understands that once a license type is chosen it cannot be changed.
   8. 6.2 the contributor will not supply to any third party any Image which is Substantially Similar to any of the contributor's Images which if it were the Image itself would conflict with any prior rights, with the exception that Images may be supplied by the contributor to any third party for the contributor's personal promotional purposes; and has been replaced with:
   block
   8. 6.1 the contributor will not supply to Alamy.com any Image which is the same or Substantially Similar to any of the contributor's Images that have been supplied to a third party under any exclusive arrangement. These parties may include, but are not limited to, agencies and Customers; and

7. Obligations of Alamy

   3. 7.1 to use its reasonable commercial endeavours utilising the System, to obtain reasonable licensing fees for traditional licenses. This has been inserted:
      "though reserving the right to price in accordance with the clauses in Section 9."

8. This has been inserted: Pricing and promotion

   1. 8.1 Alamy.com offers Custom Pricing to some of its Customers and Contributors agree that their Images can be sold at these rates without Alamy.com having to consult Contributors.
   2. 8.2 Alamy.com offers its Customers the ability to price up all Images on its site by using a license calculator. The contributor agrees that Alamy.com can sell Images at the prices from this calculator without Alamy.com having to consult Contributors, subject to clause 9 c. below.
   3. 8.3 Promotion - Alamy.com shall have the right to offer Customers promotions on Images to promote the Alamy.com service. For example promotions may include, but are not limited to, acquiring new Customers or stimulating buying from existing Customers by offering discounts.
   4. 8.4 Where an Image has been used in a printed promotional piece then the contributor agrees that the Image will remain available for sale on the Alamy.com site for a period of two years from the date of publication/distribution of the promotional material, unless the Image has been sold exclusively otherwise than via the System or the contributor has assigned exclusive rights for that Image to a third party. This clause to stand even if the contributor wishes to terminate their contract.

9. Credits, copyright notices and promotion

   1. Alamy.com shall in its gallery include the copyright notice supplied with the Image and request Customers who for editorial purposes take a traditional license of any Images to add that notice to the work or material to which the Image is added.  Has been replaced with:
   1. Customers of Alamy.com using Images for editorial purposes will be instructed to credit the photographer and, where applicable, the agency name.
   3. Contributors may use Alamy.com's trademarks or service marks in any advertising, promotions or publicity without Alamy.com's prior written consent, providing it is not pornographic, defamatory, libellous or otherwise unlawful.  Has been replaced with:
      3. Provided Contributors acknowledge Alamy.com's rights they may use Alamy.com's trade marks in any lawful promotion or publicity without Alamy.com's prior written consent. Pornographic, defamatory or other unlawful use including use in unsolicited electronic communications is not permitted.

   This has been deleted:

   2. 9.1 Alamy.com shall have the right to offer Customers promotions on Images to promote the Alamy.com service. This may result in lower than expected revenues from a contributor's Images.

10. "Liability of Alamy" replaced with "Liability of Alamy.com"

11. Termination

    1. 11.1 The contributor may terminate this contract:
       1. 11.1.1 on 45 days' prior notice to Alamy.com at any time save that where Alamy.com has substantially contributed to the digitisation of the Images of any contributor, no termination may be effected earlier than 12 months from the date of the contract;  Has been replaced with:
    1. 11.1 The contributor may terminate this contract:
       1. 11.1.1 on 45 days' prior notice to Alamy.com at any time, except when Alamy.com has substantially contributed to the digitisation of the Images of any contributor, when, in this case only, the minimum contract period shall be 12 months;
    This has been inserted:
    • 11.1 Alamy.com gives 6 months' notice to the contributor.
    This has been deleted:
    • 11.1 b: Invoice a termination fee equal to the credit balance on the account of the contributor not exceeding US $25;

27^th February 2002

User: [email protected], Date: 27/02/02, Time: 17:00:00 GMT

Alteration to the contributor agreement

1. Commission on net licence fees for an Image sold through a collection section Units = %, Amount = 20.00 Replaced with this:  Commission on net licence fees for an Image sold through a collection section Units = %, Amount = 0.00
2. This: storage fee per Image per month...........................effect on 1st March 2002  Replaced with this:  Storage Fee per Image per month...........................effect on 1st March 2003

28^th November 2001

User: [email protected], Date: 11/28/01, Time: 16:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the Alamy.com contributor's agreement.

All of the changes are listed below and most of them are related to the language and wording of the contract.

The four changes with most significance are:

1. Collectors are entitled to a 20% commission on sales made through collections, on top of other commission and charges.  Please Note that collections works on a voluntary basis, if you haven’t been invited to volunteer then these fees do not apply to you.
2. The Alamy.com commission applies on any sales resulting from a search on the website or where the sale is fulfilled by Alamy.com.
3. Credit card processing fees of gross license fee has increased from 3.50% to 5.00%
4. Payment fees for cheques have increased from US $5.00 to US $8.00 and from US $8.00 to US $11.00 for Wire transfer fees. 

Please note account fees have remained the same at 5% and the great majority of Alamy.com trading is through account Customers.

Unless otherwise stated units, amounts and timings will remain the same. If a clause has changed in no major way except in number then this has not been listed. All clause numbers after no.9 in the old contract have changed their number. For example clause no.10 now becomes clause no.11 and so on.

Contributor contract changes

Alamy.com listing confirmation form

• Alamy.com LISTING CONFIRMATION FORM Replaced with Alamy.com FEES AND COMMISSIONS SCHEDULE
• CREDIT CARD PROCESSING FEE OF GROSS CLEARED FUNDS Units = %, Amount = 3.5 >Replaced with CREDIT CARD PROCESSING FEE OF GROSS LICENSE FEE Units = %, Amount = 5
• INVOICING AND COLLECTION OF FUNDS FROM CUSTOMERS WITH ACCOUNTS  Replaced with INVOICING AND COLLECTION OF GROSS LICENCE FEE FROM CUSTOMERS WITH ACCOUNTS
• This added: Collector commission Commission on net licence fees for an Image sold through a collection section units = %, Amount = 20.
• Alamy.com commission of gross cleared funds for Austria, Belgium………United States of America Replaced with Alamy.com commission of net licence fee for Contributors with a registered payment address in Austria, Belgium…… United States of America
• Alamy.com commission of gross cleared funds for all other countries (not listed above) Replaced with Alamy.com commission of net licence fee for Contributors with a registered payment address in all other countries (not listed above)
• Payment Frequency Account Balance (net of commissions) is > US $250. Replaced with If account balance (net of commissions) is > US $250 of Cleared Funds
• Payment Fees  Cheque Fee - City Bank Processing and Postage Units = $, Amount = 5.00  Replaced with  Cheque Fee - City Bank Processing and Postage Units = $, Amount = 8.00
• Wire Transfer Fee - City Bank Processing and Administration Units = $, Amount = 8.00  Replaced with  Wire Transfer Fee - City Bank Processing and Administration Units = $, Amount = 11.00

1. Preliminary

   • The following provisions record the legal terms and conditions upon which Alamy.com provides automated on-line broker services for the licensing of Images by copyright owners and agents to third parties.  Replaced with The following provisions record the legal terms and conditions upon which Alamy.com Holdings (Jersey) Limited, hereafter referred to as "Alamy.com" provides automated on-line broker services for the licensing of Images by copyright Owners and Agents to third parties.
   • c) to deduct its commission and fee for listing services Replaced with c) to deduct its commission and fee for listing Services as set out in the Alamy.com fees and commissions schedule.
   • The contract may be varied or substituted at any time by the completion of a new listing confirmation Form. The contract may be terminated by Alamy.com or the copyright owner or agent in accordance with clause 13 below. Replaced With The contract may be varied or substituted at any time by the completion of a new listing confirmation. The contract may be terminated by Alamy.com or the copyright Owner or Agent in accordance with clause 14 below.

2. Definitions

   "Agent" means the person whose name and address is provided on-line to Alamy.com and recorded in the listing confirmation Form applicable to any Image Replaced with  "Agent" means the person who acts on behalf of the copyright owner whose name and address is provided on-line to Alamy.com and recorded in the listing confirmation applicable to any Image

   "Alamy.com" means Alamy.com Holdings Limited or any other person to whom it may assign it rights under this contract Image Replaced with "Alamy.com" means Alamy.com Holdings (Jersey) Limited or any other person to whom it may assign it rights under this contract.

   • These definitions added:

     "Alamy.com Fees and Commissions Schedule" means the table set out above which lists the fees and commissions payable or any substitute table of which Alamy.com has given notice in accordance with clause 5d.

     "Cleared Funds" means funds available to pay the contributor from licence sales made, where the time to clear the funds shall be the longer of either 45 days from the date of the licence sale or the date on which receipt of the funds for the sale is cleared in Alamy.com's bank account.

     "Collector" means the person who maintains a gallery and whose name and address is provided on-line to Alamy.com and recorded in a listing confirmation.

     "Collections Section" means the Alamy.com gallery that has been maintained by a collector intended for licensing to Customers by royalty-free license or traditional license.

   • "Gallery" means any digital library or catalogue of Images maintained or accessed via Alamy.com which shall be divided into a royalty-free section and a traditional licensing section Replaced with  "Gallery" means any digital library or catalogue of Images maintained or accessed via Alamy.com which shall be divided into a royalty-free section, traditional licensing section and a collections section.
   • "License Fees" means any sum or sums actually received by Alamy.com from any Customer in respect of the license of an Image whether a single payment or a royalty paid over time Replaced with  "License Fees" means any sum or sums invoiced by Alamy.com to any Customer in respect of the license of an Image whether a single payment or a royalty paid over time.
   • These definitions added:  "Gross Licence Fee" means the gross amount billed to the Customer inclusive of any sales or transactions taxes, including but not limited to VAT  "Net Licence Fee" means the net amount billed to the Customer exclusive of any sales or transactions taxes, including but not limited to VAT.
   • "Listing Confirmation Form" Listing confirmation Form Replaced with Listing confirmation
   • This added: c) iii. a collector's gallery; d) the currency in which the contributor desires that net license fees are to be remitted to him/her.  Replaced by d) the currency in which the contributor desires that net license fees which are Cleared Funds are to be remitted to him/her.  h) if applicable the contributor's request that net license fees attributable to selected Images be paid to a charity of the contributor's choice.   Replaced with h) when available on the System and, if applicable, the contributor's request that net license fees attributable to selected Images be paid to a charity of the contributor's choice.
   • This has been deleted from the old contract:  "Quarter" means each period of 3 months commencing 1st January, 1st April, 1st July, 1st October in each year and the first quarter shall mean the period from the date of the contract to the next commencing quarter.

     AS HAVE ALL SUBSEQUENT REFERENCES TO "QUARTER" IN THE CONTRACT

   • This has been added to the new contract: "Sub Agent" means an agent of the contributor who represents the contributor.

3. Broker commission, fees, payment and acceptance

   1. 3.1 Alamy.com shall charge in US Dollars to the contributor:  i. a commission or commissions at its published rates on all license fees which may include the commission due to any agent who allows an Image to be listed in a section of the gallery maintained by him/her. Replaced with
   1. 3.1 Alamy.com shall charge in US Dollars to the contributor:  i. a commission or commissions as per the Alamy.com fees and commissions schedule on all license fees which may include the commission due to any collector who allows an Image to be listed in a section of the gallery maintained by him/her.
    
   • This has been added to the new contract:
     2. The contributor shall report all sales made by the contributor or the contributor's sub agents where either the sale has originated from a search on the website maintained by any company in the Alamy.com group, or where Alamy.com has provided a high resolution Image for the fulfilment of the sale by a contributor. The contributor shall report each month in a format defined by Alamy.com, but which will include the following:
        1. the Alamy.com group Image reference number
        2. the date of each sale in the month, the sale amount excluding any VAT or sales tax for each Image and the Customer to whom sold.
        3. the amount due to Alamy.com for the month, which shall be calculated as the relevant percentage as set out in the Alamy.com fees and commissions schedule multiplied by the total amount collected in the relevant month of all previous sales, or, if the contributor so wishes, the relevant percentage multiplied by the amount of net sales in the month.
        4. the traditional licence restrictions relating to each Image, if applicable.

        If at any future time the Alamy.com group website has the ability to have the sales information of the traditional licence entered online then the contributor shall be responsible for entering such information online. For the avoidance of doubt if any Sub Agents represent the contributor then the contributor will be ultimately responsible for the correct entry of data onto the website and the reporting of all sales to Alamy.com made by the sub agents.

     3. Payment in respect of sales the subject of a reporting obligation under Clause 5b) above shall be made 15 days after the month end. Payment shall either be made in United States Dollars (“US$”) or British Pounds (“GBP”) at the discretion of Alamy.com. Where the base currencies for the sales are different from US$ or GBP then the exchange rate to be used for conversion to GBP or US$ will be mutually agreed by Alamy.com and the contributor.   The old section 5b has now become section 5d in the new contract, the wording remains the same but with the following change: This has been deleted:  c) ii. list the Customer name, address and contact details.  
     4. The net balance for each quarter or month shown in the statement shall be paid to the contributor in the currency specified in the listing confirmation Form within 30 days of the end of that quarter or month.  Replaced by
     6. The net balance for each Month shown in the statement shall be paid to the contributor in the currency specified in the listing confirmation within 30 days of the end of that Month.

4. Representations, warranties and undertakings by contributor<

   1. 4.1 the contributor will ensure that their correct email addresses are supplied to Alamy in accordance with paragraph 16. Replaced with
   1. 4.1the contributor will ensure that its correct email address is supplied to Alamy.com in accordance with paragraph 17.

5. Audit Rights

   The title "Audit Rights" Replaced by "Audit Rights of contributor on Alamy.com"

   3. 5.1 in the unlikely event of a material dispute between the contributor and Alamy.com regarding amounts due to the contributor, Alamy.com shall, at a convenient time and upon receiving 30 days' written notice, allow a representative (who shall be either a qualified lawyer or accountant) of the contributor to inspect Alamy.com's records which relate only to the contributor's account. The costs of the inspection shall be paid by the contributor providing there has been an underpayment of US $500 or less in any 12 month period, otherwise Alamy.com will correct the records, make any payments due and reimburse the actual costs of the contributor's audit. Replaced with
   3. 5.1 in the unlikely event of a material dispute between the contributor and Alamy.com regarding amounts due to the contributor, Alamy.com shall, at a convenient time and upon receiving 30 days' written notice, allow a representative (who shall be either a qualified lawyer or accountant) of the contributor to Inspect Alamy.com's records which relate only to the contributor's account. The costs of the inspection shall be paid by the contributor if it reveals there has been an underpayment of US $500 or less in any 12 month period, otherwise Alamy.com will correct the records, make any payments due and reimburse the actual costs of the contributor's audit.

6. Audit Rights of Alamy.com on contributor

   • Clause 10 in its entirety has been added to the new contract: Audit rights of Alamy.com on contributor
     1. Alamy.com shall have the right, not more than once every calendar year, to audit the records of the contributor to check that sales made by the contributor which have either originated from a search of the Alamy.com group website, or where Alamy.com has provided a high resolution Image for the fulfilment of the sale by a contributor, are being reported and paid in line with the reporting requirements detailed in Clause 5b). An independent accountant or lawyer or a member of the Alamy.com group internal audit team may carry out the audit.
     2. The Alamy.com group shall give 30 days’ notice before any such audit shall take place.
     3. The audit of the contributor shall be paid for by the Alamy.com group except were the contributor is found to have not paid amounts due to the Alamy.com group in excess of US $500 in any 12 month period, above which level the contributor will have to pay the costs of the audit.
     4. If the contributor is found to have withheld payments from Alamy.com then Alamy.com shall have the right to the following:
        1. interest on all delayed payments calculated at the Bank of England base rate plus 4% from the date from which payment was due to Alamy.com.
        2. to be reimbursed the audit costs where the audit reveals an underpayment of 10% or more.
     5. Alamy.com reserve the right that if the contributor has withheld funds in excess of US $500 in any one calendar year to terminate the contract with the contributor.
     6. Alamy.com also reserves the right to carry out spot checks on Contributors to assess whether they are complying with the requirement to report sales which have originated from a search of the Alamy.com group website. These spot checks may include, but are not limited to, contacting Customers who have downloaded a comp Image to see if they have bought the Image direct from the contributor and buying via a third party an Image from the contributor, in respect of which the contributor agrees a refund shall be given if demanded.

10/11. Credits, copyright notices and promotion

3. 1. ...Alamy's trademarks... Replaced with

3. 1. ...Alamy.com's trademarks...

12/13. Liability of Alamy

1. 1.i. exceed the lower of US $1,000 and the net payment made to the contributor by Alamy for the 12 month period prior to the date of the breach; or  ii. be made more than 12 months after the date of the alleged breach.
2. 2.clause 12a shall not preclude any claim for the death or bodily injury nor any claim arising from wilful default or gross negligence on the part Alamy or any person for whom Alamy is legally responsible for. Replaced with

1. 1.i. exceed the lower of US $1,000 or the net payment made to the contributor by Alamy.com for the 12 month period prior to the date of the breach; or  ii. be claimed more than 12 months after the date of the alleged breach.
2. 2.clause 13a shall not preclude any claim for death or bodily injury nor any claim arising from wilful default or gross negligence on the part Alamy.com or any person for whom Alamy.com is legally responsible.

14/15. Binding effect

• This added to the new contract:
  2. Alamy.com may assign this contract to any third party and if it does so references herein to Alamy.com shall thereafter be to such third party and references herein to the Alamy.com group shall be to any subsidiary of such third party, or the parent company of such third party or any subsidiary of such parent company.

21^st February 2001

User: [email protected], Date: 02/21/01, Time: 16:00:00 GMT

Alteration to the contributor agreement

We are notifying you of changes to the Alamy.com contributor's agreement:  The US $2 Review fee already listed, has been withdrawn.

A new fee called the 'Image submission fee' of US $2, has been introduced. The explanations of the charge are defined in the contributor FAQs.

There will be a storage fee of 10 cents per Image per month. This fee will come into force on 1st March 2002.

21^st December 2000

User: [email protected], Date: 02/21/01, Time: 16:00:00 GMT

Alteration to the contributor agreement

We are notifying you of a change to Alamy.com's commission fee. Please be assured that registered Contributors (registered before the date of this notice) will not be affected by this, and will remain eligible for the original 10% fee.

There are now two different commission fees - one at 10% and one at 20%. The higher rate is brought about by the increased administrative costs for dealing outside the main market. By using more funds for marketing to these countries (under the 20% rate), we will be able to provide a larger audience, and therefore more sales, for the Contributors from these countries.

The following countries remain at a 10% fee: Austria, Belgium, Canada, Denmark, Finland, France, Germany, Gibraltar, Greece, Ireland, Italy, Liechtenstein, Luxembourg, Netherlands, Norway, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States of America.

For all other countries, the 20% fee applies.

The payment address of the contributor determines which commission fee is applicable.

We would like to reiterate that existing Contributors will remain at the 10% rate, whatever country is applicable to them.

Click here for the contributor agreement.

We would also like to alert you to the following addition to the contributor agreement: 13. Termination c) On termination Alamy.com shall: 'v. not return to the contributor any data, of whatever kind, relating to an Image.'