Publishing Agreement

This Publishing Agreement (“Agreement”) is entered into by and between you (“Contributor”) and The Power Is Now Media, a division of Eric Lawrence Frazier Advisory Services (“TPIN Media”). For purposes of this Agreement, “TPIN Media” includes The Power Is Now Media, Eric Lawrence Frazier Advisory Services, all affiliated magazines, websites, platforms, brands, successors, assigns, licensees, sublicensees, distributors, and any authorized publishing entity. By checking the box, typing your name, and submitting this Agreement electronically, you assent to all terms pursuant to the E-SIGN Act and the Uniform Electronic Transactions Act.

1. Submission of Written Materials

You may submit articles, statements, essays, images, data, graphics, quotations, or other written or creative content (“Submitted Materials”) for publication by TPIN Media. You understand and agree that TPIN Media is not obligated to publish, edit, review, or use the Submitted Materials and retains the exclusive right to determine whether, how, and when they may appear in TPIN Media publications, including digital magazines, websites, blogs, social media, promotional materials, newsletters, or any distribution format now known or later developed.

2. Copyright Ownership and License to TPIN Media

You grant TPIN Media a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to reproduce, publish, edit, modify, excerpt, adapt, translate, distribute, host, publicly display, publicly perform, archive, index, promote, monetize, repurpose, and create derivative works from the Submitted Materials in any medium now known or later developed. You acknowledge that TPIN Media may combine the Submitted Materials with other content, create edited or derivative versions, adjust length or formatting, incorporate graphics or advertisements, or publish the Submitted Materials in any arrangement deemed appropriate by TPIN Media.

This license is exclusive at the moment of publication and non-exclusive prior to publication. Upon publication by TPIN Media, you agree not to license, publish, syndicate, repurpose, or distribute the Submitted Materials, or any edited or derivative version, without the prior written consent of TPIN Media.

3. Editorial Control

You acknowledge that TPIN Media retains sole and exclusive editorial discretion over the selection, editing, formatting, headline creation, captioning, placement, timing, presentation, and distribution of the Submitted Materials. You waive any right to review, approve, contest, or dispute the edited form of the Submitted Materials.

4. Work-Made-for-Hire (Applicable When Commissioned)

If TPIN Media commissions you to create specific content for compensation, the parties agree that such content shall constitute a “work made for hire” under the United States Copyright Act, 17 U.S.C. § 101. In the event such content does not qualify as a work-made-for-hire, you hereby assign to TPIN Media all copyrights, derivative rights, and intellectual property rights in the commissioned material, effective immediately upon creation.

5. No Compensation Unless Expressly Agreed in Writing

You acknowledge that, unless a separate written agreement specifies compensation, your submission and participation are voluntary. You will not receive payment, royalties, residuals, licensing fees, or profit-sharing related to the publication or use of the Submitted Materials. No employment, partnership, joint venture, or agency relationship is created by this Agreement.

6. No Removal Rights

You acknowledge that once the Submitted Materials have been published, TPIN Media has no obligation to remove, retract, delete, alter, or suppress the content, regardless of any subsequent change in personal circumstances, professional concerns, reputational considerations, or preferences expressed by you. You waive any right to request or compel removal of the Submitted Materials from TPIN Media’s publications or from any third-party platforms where they may be distributed or archived.

7. Non-Disparagement

You agree that you shall not, at any time, publicly or privately, directly or indirectly, make, publish, transmit, or communicate any negative, defamatory, disparaging, misleading, or harmful statements concerning TPIN Media, Eric Lawrence Frazier, Eric Lawrence Frazier Advisory Services, any TPIN Media publication, staff member, contributor, editor, or contractor, or any editorial decision relating to the Submitted Materials. This restriction applies to all communication formats, including digital posts, videos, interviews, comments, articles, podcasts, and private correspondence. Any violation constitutes a material breach of this Agreement.

8. Representations and Warranties

You represent and warrant that the Submitted Materials are your original work or that you possess all necessary rights, licenses, and permissions required for submission; that the Submitted Materials do not infringe upon any copyright, trademark, privacy right, publicity right, confidentiality obligation, or proprietary interest of any third party; that no portion of the Submitted Materials is plagiarized; that all statements presented as fact are, to the best of your knowledge, accurate and truthful; and that your submission does not violate any contractual, statutory, or ethical obligations binding upon you.

9. Indemnification

You agree to indemnify, defend, and hold harmless TPIN Media and Eric Lawrence Frazier Advisory Services from all claims, disputes, liabilities, damages, losses, expenses, and attorney fees arising out of or relating to the Submitted Materials, including but not limited to allegations of infringement, defamation, privacy violations, ethical breaches, factual inaccuracies, or unauthorized use of third-party content, as well as any breach of this Agreement. This obligation survives indefinitely.

10. No DMCA Takedown Rights

You acknowledge that TPIN Media is the exclusive authorized publisher of the Submitted Materials. Accordingly, you agree not to file DMCA takedown notices, copyright claims, or removal requests with respect to any publication, excerpt, derivative adaptation, or promotional use of the Submitted Materials by TPIN Media or any platform distributing TPIN Media content. Any such attempt constitutes a breach of this Agreement.

11. Waiver of Injunctive Relief

You waive any right to seek injunctive or equitable relief that would prevent, restrict, delay, or interfere with TPIN Media’s publication, distribution, or use of the Submitted Materials. Your exclusive remedy, if any, shall be limited to monetary damages as permitted by this Agreement.

12. Anti-Repudiation and Electronic Signature

You acknowledge that your electronic signature, consisting of your typed name, IP address, timestamp, and checkbox confirmation, constitutes a legally binding signature under the E-SIGN Act and UETA. You waive any right to dispute or deny your execution of this Agreement.

13. Governing Law and Venue

This Agreement is governed exclusively by the laws of the State of California. The exclusive venue for any dispute arising under this Agreement shall be the state or federal courts located in Riverside County, California.

14. Contact Information

The Power Is Now Media
A Division of Eric Lawrence Frazier Advisory Services
3739 6th Street
Riverside, CA 92501
Email: eric.frazier@ericfrazieruk.com