search partner terms
Suggested Terms for Publisher Agreements with Search Partners:

As a service to its members, CrossRef has prepared the following list of suggested terms and conditions.  This list is being
provided to facilitate the negotiation and execution of agreements between member-publishers and Search Partners, to
increase access to content published by a broad range of member-publishers, and to provide users with a wide range of
choices.

Where a member-publisher (Provider) is authorizing a Search Partner to crawl and index its full-text scholarly content
(Content), with the intent of directing users of the Search Partner’s services (Services) to information relevant to their queries,
CrossRef recommends that the Provider consider including the following terms and conditions in its agreements with the
Search Partner, along, of course, with other contractual terms covering confidentiality, term and termination, costs, jurisdiction,
indemnification, assignment, etc.:

1. The Provider shall retain all rights, title, copyright, and other intellectual or proprietary rights in the Content. The Search
Partner shall not acquire any intellectual property or other rights in the Content except as specifically provided in the
agreement.

2. The Search Partner will not itself repurpose the Content, nor re-purpose, resell, or sub-license the Content to any third party
without explicit prior written permission from Provider.

3. The Provider will facilitate the free display of at least a complete author-written scholarly abstract (landing page), if one is
available, to all users of the Services who click on search results that link to indexed works included in the Content. At its
discretion, Provider may provide full-text access to selected users that are deemed authorized or entitled by the Provider.

4. In case of multiple versions of the same content items being grouped within one result provided to a user, the Provider's full
text, if indexed, shall be the primary version linked to in the search results set. If multiple versions of a work are indexed, the
Search Partner shall select the full and authoritative text from Provider as the primary version and identify it as the final
"published version".

5. The Provider and the Search Partner shall work together to implement proper indexing without unduly harming performance
of the Provider’s servers, according to a schedule and coverage to be determined by mutual agreement.

6. Both the Search Partner as well as the Provider shall provide a support contact for day-to-day issues Both Search Partner as
well as provider will inform the other party about changes that might effect operations within a reasonable amount of time.

7. The Search Partner will remove the Content or any part thereof from Services upon receipt of a request for removal from
Provider as promptly as is commercially reasonable (but in no event more than thirty (30) days from receipt of such request).
Such request may be made at any time and for any reason whatsoever. The means specified in the agreement for requesting
such removal may include sending a request to an email address that the Search Partner provides for this purpose, or by
sending a written request by express courier. The provisions regarding notice of removal may also specify the type of
information to be included in a notice of removal (i.e. specific (URLs) and the time within which the Search Partner must
terminate crawling, indexing and display of the Content identified in the notice.

8. The Search Partner may store the Content on its servers only for the purposes of indexing and for providing the users of
Services with short contextually relevant query-dependent text or data (“Snippets”). Snippets may include bibliographic
metadata for articles as well as a few lines of either query-dependent text or static text from individual articles.

9. The Search Partner shall not display cached copies of the Content as part of Services, unless the Provider has given express
permission to do so. Permission to display cached copies of the Content or portions thereof or to display Snippets as part of the
Services shall not be deemed to be permission to engage in such activities for any other purpose.

10. Partners can agree on reports to be provided by Search Partner on the coverage of Provider’s content in the Services’
indexes on an agreed-upon, regular schedule.

11. For every item with a registered DOI, the Search Partner will display the DOI and will link to the item via the DOI.

12. The Search Partner shall comply with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual
property laws regarding copyright infringement and the take down of infringing materials. If requested under the DMCA or
other applicable law to remove access to any infringing Content displayed in connection with the Services, the Search Partner
will notify Provider of such request.

13. If the volume of DMCA notifications relating to the Content reaches a level that makes notification using current procedures
difficult, Search Partner and Provider will work together to develop alternative, mutually agreeable ways to communicate such
notifications.

14. The Search Partner shall not charge end-users for searches or for links or referrals from search results to the Provider’s
site.

15. The Search Partner shall apply its ranking algorithms consistently and without commercial influence.

16. The Search Partner shall not to use any obtained metadata to create duplicate journal issue tables of contents with links to
alternative versions of the full text articles.

17. The Search Provider shall endeavour to respect any broadly adopted future industry standards for tagging of exact copies
of copyrighted material that enable it to confine indexing of propriety content to official, publisher sources for said content.

18. Upon request, the Search Partner shall (i) work with the Provider to establish a branding element to apply to the primary
version, and (ii) work with Provider and CrossRef to develop recommendations for technical standards that a publisher may
adopt in its integration with Search Partners.

19. The Search Partner shall only display the trademarked journal names in search results that include a link to the definitive
version of an article within that journal, as published within a publisher's controlled domain. Trademarked journal names might
additionally be displayed in search result from indexed 3rd party databases (e.g. PubMed), pointing to authorized full text versions.

 

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