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Contents Chapter 1 Introduction : How to use this book 1.01 How to Use This Book 1.02 Format 1.03 Finding Forms 1.04 Practice Tips 1.05 Checklists Chapter 2 Assembling and Protecting Content 2.01 Introduction 2.02 Confidential Disclosure Agreement 2.03 Inventions Agreement 2.04 Consulting Agreement 2.05 U.S. Content License Agreement 2.06 Worldwide Content License Agreement 2.07 Work-Made-for-Hire Agreement 2.08 E-Book Publishing Agreement 2.09 Publishing Agreement 2.10 Music License Agreement 2.11 Video Game Development Agreement : Internet Use 2.12 Video Game Development Agreement : Mobile Device Use 2.13 Database License Agreement 2.14 Click-Wrap End-user License Agreement 2.15 Distribution Agreement 2.16 Wireless Distribution Agreement 2.17 Mobile Content Provider Agreement 2.18 Web casting Agreement 2.19 Audiovisual Streaming – Downloading Agreement 2.20 Trademark Application Forms – United States 2.21 Trademark Forms – International 2.22 Copyright Application Forms 2.23 Patent Application Forms Chapter 3 Website Development 3.01 Introduction 3.02 Domain – Name Registrar Service Agreement 3.03 Domain- Name Assignment Agreement 3.04 Software Development Agreement 3.05 Web site Design Consultation Agreement 3.06 Web site Development Agreement 3.07 Web site Hosting Agreement 3.08 Host License and Distribution Agreement 3.09 Internet Banking Services Agreement 3.10 Content Aggregation Agreement 3.11 Data Warehousing and Analysis service Agreement 3.12 Information Services Agreement 3.13 Maintenance and Support Agreement 3.14 Search Engine Optimization 3.15 Web Site Terms of Use 3.16 Online Publishing Services Web Site terms and Conditions of Use 3.17 Blog Hosting Services Web Site Terms and Conditions of Use 3.19 Wireless Network Terms of Service 3.20 Children’s Web Site Terms of Use 3.21 User- Generated Content Terms of Use 3.22 Rules of Conduct for a Web Site with a User Forum of Chat Room Chapter 4 Financial Consideration 4.01 Introduction 4.02 Subscription Agreement 4.03 Financing and Development Agreement 4.04 Loan Agreement 4.05 Credit Agreement 4.06 Asset Purchase Agreement Chapter 5 Internet Access 5.01 Introduction 5.02 Internet Provider Service Agreement 5.03 Interactive Services Agreement 5.04 Master Services Agreement 5.05 Click-On Service Provider Agreement 5.06 Mobile Content Delivery Network Agreement Chapter 6 Cloud Computing 6.01 Cloud Computing 6.02 Guidelines for Evaluating Potential Providers 6.03 The Customer Agreement 6.04 Advantages and Disadvantages of Cloud Computing 6.05 Data Security Protections Offered by the Cloud Computing Provider 6.06 The Service- Level Agreement 6.07 Other Important Terms and Considerations 6.08 Conclusion Chapter 7 Advertising and Promotion 7.01 Introduction 7.02 Linking Agreement 7.03 Relationship Agreement 7.04 Master Agent Agreement 7.05 Advertising Agreement 7.06 Mobile Networking Affiliate Agreement 7.07 Co-Branded Marketing Agreement 7.08 Affinity Marketing Agreement 7.09 Sponsorship Agreement 7.10 Celebrity Endorsement Agreement 7.11 Exclusive Sponsorship Agreement 7.12 Promotions Agreement 7.13 Advertising Server Agreement Chapter 8 Social Networking 8.01 Introduction 8.02 Terms-of-Use Agreement 8.03 User-Generated Content 8.04 Social Networking and the Digital Millennium Copyright Act 8.05 Social Networking and the Communications Decency Act 8.06 Social Networking and Privacy 8.07 Conclusion Chapter 9 Joint Ventures 9.01 Introduction 9.02 Partnership Agreement 9.03 Featured Service Provider Agreement 9.04 Joint Product Development Agreement 9.05 Joint Venture Agreement 9.06 Technology License Agreement 9.07 Software License Agreement 9.08 Application Service Provider Agreement 9.09 Merger Agreement 9.10 Collaboration Agreement 9.11 Collocation License Agreement 9.12 Internet Referral Fee Agreement 9.13 Web Site Affiliate Agreement 9.14 Carrier Intermediary Agreement Chapter 10 E-Commerce 10.01 Introduction 10.02 E-Commerce Web Site Development and Service Agreement 10.03 Online Commerce Web-Mall Agreement 10.04 Anchor Tenant Agreement 10.05 Marketing Agreement 10.06 Internet Development, Marketing, and Distribution Agreement 10.07 Order Fulfillment Agreement 10.08 Terms and Conditions of Sale 10.09 Online Shopping Site Conditions of Use 10.10 Subscriptions Service Agreement 10.11 Click-On Subscriber Agreement 10.12 Auction Services User Agreement 10.13 Online Shopping Site Copyright Infringement Claim Form Chapter 11 E-Mail 11.01 Introduction 11.02 E-Mail Policy 11.03 E-Mail Etiquette Chapter 12 Domain Name and Trademark Issues 12.01 Introduction 12.02 Domain-Name Registration and Dispute-Resolution Policy 12.03 UDRP Complaint 12.04 Model WIPO Complaint 12.05 Sample District Court Complaint 12.06 Domain-Name Transfer and Settlement Agreement 12.07 Trademark Disputes Involving Keywords Ads Chapter 13 Privacy on the Internet 13.01 Introduction 13.02 Shopping Web Site Privacy Notice 13.03 Children’s Web Site Privacy Policy 13.04 Children’s Web Site Privacy Policy for Web Site with Third-Party Advertising 13.05 Internet Portal Privacy Policy 13.06 Privacy Policy for Web Site with Forum, Message Board, or Chat Room ......................................................................................................................................................................... Author’s Detatils Gregory J. Battersby holds an A.B. (chemistry and biology) from Seton Hall University and a J.D. from Fordham University School of Law. He is a member of the New York and Connecticut Bars and is admitted to practice as a patent attorney before the United States Patent and Trade¬mark Office. Charles W. Grimes holds a B.S. (engineering mechanics) from Pennsyl¬vania State University and a J.D. from the University of Denver School of Law. He is a member of the Illinois, New York and Connecticut Bars and is admitted to practice as a patent attorney before the United States Patent and Trademark Office. Messrs. Battersby and Grimes are co-founding partners of the Connecti¬cut law firm of Grimes & Battersby, LLP, 488 Main Avenue, 3rd Floor, Norwalk, CT 06851-1008, (203) 849-8300, which specializes in patent, trademark, copyrights, unfair competition, antitrust and corporate law and licensing with a particular emphasis on the merchandising, multimedia, entertainment, edutainment, toy, animation and publishing industries. They have authored The Law of Merchandise and Character Licensing, Licensing Law Handbook, Multimedia and Technology Licensing Agreements: Forms and Commentary, Drafting Internet Agreements, License Agreements: Forms and Checklists, Licensing Desk Book, Licensing Royalty Rates, Licensing Update, A Primer on Technology Licensing, Patent Disputes: Litigation Forms and Analysis, The Toy & Game Inventor's Guide, and Trademark Disputes: Litigation Forms and Analysis. They serve as Executive Editors of The Licensing Journal and The IP Litigator. They are regular columnists to publications such as The International Licensing Directory and The Association of Collegiate Licensing Administrator's Bulletin as well as a score of other business and legal publications. They are recognized as the leading experts on the subject of merchandising law. Mr. Battersby remains a guest lecturer at the Franklin Pierce Law School Advanced Licensing Institute, is counsel to the International Licensing Industry Merchandiser's Association ("LIMA") and has been a Vice President and Board of Director's member of The New York Intellectual Property Law Association. Mr. Grimes is an Adjunct Professor at Sacred Heart University where he teaches intellectual property law and served on the Editorial Board of The Trademark Reporter. They have moderated the legal seminar at the Licensing Show for many years and continue to lec¬ture and write on a variety of intellectual property issues. Leonard T. Nuara is a shareholder in the Intellectual Property & Technology and Corporate & Securities Departments of Greenberg Traurig's New Jersey office and specializes in the areas of intellectual property and information technology matters. His practice includes rep¬resenting vendors and purchasers of computer and communications sys¬tems and services. He regularly handles transactions including the negotiation of license and development agreements for emerging tech¬nology companies, as well as transactions for established companies acquiring or outsourcing information technology assets and services. He is also an experienced trial lawyer in the fields of licensing disputes, mis¬appropriation of trade secrets, copyright and trademark infringement, and anti-competition matters, with a particular emphasis on information sys¬tems and Internet businesses. Since 1986, Mr. Nuara has been an Adjunct Professor of Law at Seton Hall University School of Law in Newark, New Jersey. He teaches various courses in computer law. In 1996, he became an Adjunct Professor for Seton Hall University Graduate School of Business, offering a Computer Law course for the M.B.A. program. A nationally recognized lecturer about legal matters related to computer technology, Mr. Nuara is also on the advisory and editorial boards of vari¬ous technology publications, including the Bureau of National Affairs' Computer Law Reporter, GlasserLegal Work's Cyberspace Lawyer, and The Licensing Journal, E-Commerce Law, and The IP Litigator, all for Aspen Publishers. Mr. Nuara is an annual contributing author for the Licensing Update. He was Co-Chair and a contributing editor of the Intel¬lectual Property section of the ABA's Achieving Legal Business Order in Cyberspace: A Report on Global Jurisdiction Issues Created by the Inter¬net. He has also prepared the chapter on "Obscenity and the Internet" for the Aspen Publishers treatise Law of the Internet. Mr. Nuara graduated from Boston College cum laude in 1981, and from Seton Hall University School of Law in 1984. He is the Co-Chair of the Intellectual Property Sub-Committee for the Committee on Cyberspace Law for the Business Law Section of the American Bar Association, and is a member of the Litigation, Science and Technology, Intellectual Property, Torts and Insur¬ance and Antitrust Sections. He is also the former Chair of the Public Relations Committee of the Computer Law Association. ............................................................................................................................................................................
