Terms and Conditions

Proposals and/or questions should be submitted in writing to Richard N. Katz at rkatz@educause.edu.

Contractor Responsibilities

In addition to conducting the study and publishing a final report (based on negotiated deadlines and formats), the researcher(s) will be expected to participate in the activities described below. In cases where additional travel is required, ECAR will reimburse reasonable travel and lodging expenses incurred.

• Participate in periodic, project status meetings and conference calls;
• Provide written status reports and preliminary findings at specified milestones;
• Provide one preliminary research update for possible publication in EDUCAUSE Review or EDUCAUSE Quarterly (approximately 800–1,500 words);
• Develop at least two ECAR research bulletins describing key research findings in 10–12 pages;
• Provide one scheduled briefing on the research results to ECAR corporate sponsors;
• Present findings at the ECAR Symposium;
• Be willing and available to present research results at two general EDUCAUSE events;
• Be available to participate in an online briefing and/or Webcast about the research;
• Be willing to give ECAR the right to make changes in the work product that ECAR deems necessary or desirable for brevity, clarity, and conformity in style (ECAR shall not alter the Contractor(s) data, analysis or conclusions);
• Be willing to give ECAR the right of first refusal to distribute all surveys and to collect and aggregate survey data related to the research;
• Be willing to give ECAR the right to approve all contractors and vendors related to the research (such approval not to be unreasonably withheld by ECAR); and
• Be willing to grant ECAR the exclusive right to choose whether to publish the work product.

Ownership Rights

The rights to any and all materials, regardless of format or media, which are produced under, arising out of, or related to the Contractor(s)'s contract with ECAR, shall be owned by EDUCAUSE exclusively. Such materials include, but shall not be limited to, all data and other information collected in support of the research, the research report and results, and any related articles or updates, regardless of form (collectively "the Research Project"). The Contractor(s) shall assign, grant, and transfer exclusively to EDUCAUSE, its successors, assigns, and legal representatives any and all rights, title, and interest of any sort that the Contractor(s) may have in the Research Project, including copyright and the ownership thereof, and all rights subsumed thereunder, under the copyright laws of the United States and all foreign countries including, without limitation, the exclusive right to reproduce, prepare derivative works based upon (including the translation of the Research Project into non-English languages and electronic, audio, and video editions), distribute copies to the ECAR subscribers and members and the public by sale of, perform and display, and serialize, syndicate, and otherwise use the Research Project. Contractor(s) retains no rights of any sort to the Research Project and shall not publish or otherwise use the Research Project without the prior written consent of EDUCAUSE. In conjunction with this assignment, the Contractor(s) expressly grants to EDUCAUSE the right to further license or assign to others the various rights granted by the Contractor(s) to EDUCAUSE and agrees to execute all documents of any kind necessary to effectuate the assignment of rights hereby granted and to take all steps necessary to assign to and make EDUCAUSE the owner of all rights to copyrights and copyright renewals for the Project. EDUCAUSE shall also have the right to use the Contractor(s)'s name, title, and employer's name, affiliation, photographs, and other biographical information in connection with the promotion or other use of the Research Project.

Representations, Warranties, and Indemnification

The Contractor(s) shall represent and warrant that the Contractor(s) is the sole author of the Research Project except as otherwise specifically noted in writing by the Contractor(s) to EDUCAUSE, and that the Research Project will be original work except for necessary quotation or paraphrases for which the source will be credited, and where necessary, permission to quote will have been obtained by the Contractor(s).

The Contractor(s) shall represent and warrant that no literary or artistic work or other property, protected by copyright, trademark, or any other proprietary right, will be reproduced or used in the Research Project unless the Contractor(s) has previously obtained written permission to do so from the owner of said copyright, trademark, or other proprietary right and gives EDUCAUSE a copy of this permission for EDUCAUSE's records. The Contractor(s) shall further represent and warrant that the Research Project to be furnished shall contain nothing scandalous, libelous, or obscene and shall not violate the legal or equitable rights of any person, firm, or corporation, and that in the preparing the Research Project the Contractor(s) will not infringe any statutory, common law, or other right of any person in performing, reproducing, or otherwise making use of any work, material, or property.

The Contractor(s) shall represent and warrant that no monetary or other form of compensation, gift, or service from any person, company, representative or group involved in the Research Project or with any preliminary research on it has been offered to or received by the Contractor(s), and that the Contractor(s) shall not accept any such compensation, gift, or service without prior written approval by EDUCAUSE.

The Contractor(s) shall indemnify, defend, and hold harmless EDUCAUSE, ECAR, and their respective officers, directors, agents, and employees, and each of them, from and against any and all actions, causes of action, claims, demands, liabilities, losses, damages, costs, or expenses, of whatever kind and nature, including judgments, interest, and attorneys' fees ("Matters") which EDUCAUSE, ECAR, their respective officers, directors, agents, and employees, and each of them, shall or may at any time, or from time to time, subsequent to the date of this Agreement, sustain or incur, or become subject to, involving, with respect to or relating to: the Research Project, including but not limited to any copyright, trademark, or other proprietary rights involving or relating to the Research Project; any breach by the Contractor(s) of any provision of the contract with EDUCAUSE or any other contract; and/or Matters involving or relating to the Research Project arising in tort and alleging injury to person or persons, whether libel, slander, defamation, or other dignitary torts. EDUCAUSE and ECAR shall have the exclusive right to control the defense of any Matters including the right to use legal counsel chosen by EDUCAUSE and ECAR. The terms of this provision shall survive the termination or expiration of the parties' contract.

Independent Contractor Status

In the fulfillment of the Research Project obligations, Contractor(s) shall at all times be an independent contractor(s), and as such shall be responsible for payment of any and all contributions and taxes, as to themselves and anyone they employ, retain, or contract with imposed by the federal, state, or local government for work performed pursuant to the Research Project.