Development Agreements Multimedia Publisher Template

Business-in-a-Box's Development Agreements Multimedia Publisher Template

Document content

This development agreements multimedia publisher template has 8 pages and is a MS Word file type listed under our software & technology documents.

Sample of our development agreements multimedia publisher template:

DEVELOPMENT AGREEMENTS-MULTIMEDIA PUBLISHER This Development Agreements - Multimedia Publisher (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Publisher"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [DEVELOPER NAME] (the "Developer"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS: PUBLISHER is desirous of retaining Developer to perform the services described in this Agreement, relating to the development the title known by the working name ("the Title"); and Developer desires to perform these services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the premises, conditions, covenants and warranties herein contained, the parties agree as follows: DEVELOPMENT FEE PUBLISHER agrees to pay Developer a total fee of [AMOUNT] [COUNTRY] to perform the work described herein and in the delivery and payment schedule attached hereto as Appendix A (hereafter the "Delivery Schedule"). This fee shall be paid to Developer in the form of separate payments made within [NUMBER] business days of PUBLISHER's acceptance of the deliverable items identified in the Delivery Schedule (hereafter the "Deliverable Items") according to the process set forth in section 2 below. DEVELOPMENT AND APPROVAL PROCESS In consideration of the fee set forth above, Developer agrees to provide the services described in this Agreement and Appendix A and to deliver the Deliverable Items described in Appendix A. Developer shall perform such services subject to the direction of PUBLISHER, and shall meet with PUBLISHER's representatives as often as requested by PUBLISHER, to discuss and report on progress on the Deliverable Items. Developer shall deliver the Deliverable Items identified in Exhibit A to PUBLISHER for approval, in PUBLISHER's sole discretion, in the manner and on the dates specified in the Delivery Schedule. Upon receipt of each Deliverable Item, PUBLISHER shall, within [NUMBER] business days, provide Developer with either: written acceptance of the Deliverable Item, which will trigger PUBLISHER's payment obligation related to the Deliverable Item (or combination of Deliverable Items where more than one Deliverable Item's acceptance is required to trigger payment and all such Deliverable Items have been accepted); or a written list of changes that must be made before PUBLISHER will accept the Deliverable Item; or notice that this Agreement is terminated as further provided below. If PUBLISHER fails to provide any of the notices provided for in [SPECIFY] above within [NUMBER] business days, then Developer shall contact PUBLISHER by fax or telephone to indicate the failure to provide any action on the Deliverable Item, and PUBLISHER shall have one business day to provide Developer with the notice contemplated under either [SPECIFY]. If PUBLISHER fails to provide such notice within this final one business day period, the Deliverable Item shall be considered accepted as if PUBLISHER had provided written approval under (a) above. If changes are required by PUBLISHER before PUBLISHER will accept the Deliverable Item, then PUBLISHER shall notify Developer in writing of the required changes, and Developer shall resubmit the Deliverable Item within [NUMBER] days of the date of such notification. The step: set forth above shall be repeated until such Deliverable Item is accepted or until PUBLISHER terminates the agreement. PUBLISHER shall be entitled to terminate this Agreement if Developer has not provided an acceptable Deliverable Item within [NUMBER] days of the date the Deliverable Item was originally due to be delivered according to the Delivery Schedule. If PUBLISHER terminates for this reason, PUBLISHER shall be entitled to reimbursement from Developer for any fees paid to Developer in excess of the actual demonstrable cost to Developer for developing the Deliverable Items up to the date of termination. PUBLISHER shall have the right, at PUBLISHER's expense, to send PUBLISHER personnel to Developer's place of business upon reasonable notice during normal business hours for consultation with respect to the development of the Deliverable Items. PUBLISHER shall have the right, in its sole discretion, to approve any subcontractors or licensors from whom Developer obtains services or rights which pertain to the Deliverable Items. All such services shall be rendered only in connection with an agreement rendering the performance of such services work for hire for PUBLISHER, and shall expressly acknowledge that PUBLISHER owns all rights to the product of any such services, including without limitation the copyright, with appropriate waivers of all moral rights in the work performed. Subject to payment of the fees set forth in section 1 above upon acceptance of the relevant Deliverable Items, Developer shall be responsible for all development costs associated with Developer's work on the Deliverable Items. It is understood and agreed that PUBLISHER shall have the right to all underlying line art, including all drawings, paintings and other artwork created relating to the Deliverable Items. Such underlying artwork shall be delivered to PUBLISHER on or before the date that the final Deliverable Item is due to be delivered to PUBLISHER. PROPRIETARY RIGHTS The Deliverable Items and all revisions thereof, if any, and all original artwork and other works created for and utilized in the Deliverable Items are written, created and commissioned at PUBLISHER's request and direction, and shall be considered works-for-hire. PUBLISHER shall be considered the creator of the Deliverable Items and all rights to the Deliverable Items and underlying artwork and other works, including but not limited to the copyright, shall be the property of PUBLISHER or its assignee. Developer shall not acquire any right, title or interest in or to the Deliverable Items in any format through the exercise of any rights or performance of any obligations by Developer hereunder. PUBLISHER shall have the right to revise the Deliverable Items, and Developer shall not have any right to make revisions of the Deliverable Items without PUBLISHER's prior written consent. To the extent that the rights to the Deliverable Items and underlying artwork and other works does not automatically vest in PUBLISHER, Developer grants and assigns PUBLISHER any and all rights Developer may now have or may be deemed to have in the future with respect to the Deliverable Items, including but not limited to the copyright to the Deliverable Items and any and all portions thereof and underlying works. PUBLISHER retains the exclusive right to distribute, market, sell, display, advertise, and promote the Deliverable Items and underlying artwork and works contained therein in perpetuity throughout the universe. The timing and manner of exercise of these rights shall be solely within the discretion of PUBLISHER. Warranties and Indemnification Developer warrants and represents that, except as to portions of the Deliverable Items or underlying artwork provided by PUBLISHER, Developer created all of the artwork, programming and other content to be incorporated into the Deliverable Items, and all portions of the Deliverable Items are original and not in the public domain.

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Document content

This development agreements multimedia publisher template has 8 pages and is a MS Word file type listed under our software & technology documents.

Sample of our development agreements multimedia publisher template:

DEVELOPMENT AGREEMENTS-MULTIMEDIA PUBLISHER This Development Agreements - Multimedia Publisher (the "Agreement") is effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the "Publisher"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [DEVELOPER NAME] (the "Developer"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] RECITALS: PUBLISHER is desirous of retaining Developer to perform the services described in this Agreement, relating to the development the title known by the working name ("the Title"); and Developer desires to perform these services in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the premises, conditions, covenants and warranties herein contained, the parties agree as follows: DEVELOPMENT FEE PUBLISHER agrees to pay Developer a total fee of [AMOUNT] [COUNTRY] to perform the work described herein and in the delivery and payment schedule attached hereto as Appendix A (hereafter the "Delivery Schedule"). This fee shall be paid to Developer in the form of separate payments made within [NUMBER] business days of PUBLISHER's acceptance of the deliverable items identified in the Delivery Schedule (hereafter the "Deliverable Items") according to the process set forth in section 2 below. DEVELOPMENT AND APPROVAL PROCESS In consideration of the fee set forth above, Developer agrees to provide the services described in this Agreement and Appendix A and to deliver the Deliverable Items described in Appendix A. Developer shall perform such services subject to the direction of PUBLISHER, and shall meet with PUBLISHER's representatives as often as requested by PUBLISHER, to discuss and report on progress on the Deliverable Items. Developer shall deliver the Deliverable Items identified in Exhibit A to PUBLISHER for approval, in PUBLISHER's sole discretion, in the manner and on the dates specified in the Delivery Schedule. Upon receipt of each Deliverable Item, PUBLISHER shall, within [NUMBER] business days, provide Developer with either: written acceptance of the Deliverable Item, which will trigger PUBLISHER's payment obligation related to the Deliverable Item (or combination of Deliverable Items where more than one Deliverable Item's acceptance is required to trigger payment and all such Deliverable Items have been accepted); or a written list of changes that must be made before PUBLISHER will accept the Deliverable Item; or notice that this Agreement is terminated as further provided below. If PUBLISHER fails to provide any of the notices provided for in [SPECIFY] above within [NUMBER] business days, then Developer shall contact PUBLISHER by fax or telephone to indicate the failure to provide any action on the Deliverable Item, and PUBLISHER shall have one business day to provide Developer with the notice contemplated under either [SPECIFY]. If PUBLISHER fails to provide such notice within this final one business day period, the Deliverable Item shall be considered accepted as if PUBLISHER had provided written approval under (a) above. If changes are required by PUBLISHER before PUBLISHER will accept the Deliverable Item, then PUBLISHER shall notify Developer in writing of the required changes, and Developer shall resubmit the Deliverable Item within [NUMBER] days of the date of such notification. The step: set forth above shall be repeated until such Deliverable Item is accepted or until PUBLISHER terminates the agreement. PUBLISHER shall be entitled to terminate this Agreement if Developer has not provided an acceptable Deliverable Item within [NUMBER] days of the date the Deliverable Item was originally due to be delivered according to the Delivery Schedule. If PUBLISHER terminates for this reason, PUBLISHER shall be entitled to reimbursement from Developer for any fees paid to Developer in excess of the actual demonstrable cost to Developer for developing the Deliverable Items up to the date of termination. PUBLISHER shall have the right, at PUBLISHER's expense, to send PUBLISHER personnel to Developer's place of business upon reasonable notice during normal business hours for consultation with respect to the development of the Deliverable Items. PUBLISHER shall have the right, in its sole discretion, to approve any subcontractors or licensors from whom Developer obtains services or rights which pertain to the Deliverable Items. All such services shall be rendered only in connection with an agreement rendering the performance of such services work for hire for PUBLISHER, and shall expressly acknowledge that PUBLISHER owns all rights to the product of any such services, including without limitation the copyright, with appropriate waivers of all moral rights in the work performed. Subject to payment of the fees set forth in section 1 above upon acceptance of the relevant Deliverable Items, Developer shall be responsible for all development costs associated with Developer's work on the Deliverable Items. It is understood and agreed that PUBLISHER shall have the right to all underlying line art, including all drawings, paintings and other artwork created relating to the Deliverable Items. Such underlying artwork shall be delivered to PUBLISHER on or before the date that the final Deliverable Item is due to be delivered to PUBLISHER. PROPRIETARY RIGHTS The Deliverable Items and all revisions thereof, if any, and all original artwork and other works created for and utilized in the Deliverable Items are written, created and commissioned at PUBLISHER's request and direction, and shall be considered works-for-hire. PUBLISHER shall be considered the creator of the Deliverable Items and all rights to the Deliverable Items and underlying artwork and other works, including but not limited to the copyright, shall be the property of PUBLISHER or its assignee. Developer shall not acquire any right, title or interest in or to the Deliverable Items in any format through the exercise of any rights or performance of any obligations by Developer hereunder. PUBLISHER shall have the right to revise the Deliverable Items, and Developer shall not have any right to make revisions of the Deliverable Items without PUBLISHER's prior written consent. To the extent that the rights to the Deliverable Items and underlying artwork and other works does not automatically vest in PUBLISHER, Developer grants and assigns PUBLISHER any and all rights Developer may now have or may be deemed to have in the future with respect to the Deliverable Items, including but not limited to the copyright to the Deliverable Items and any and all portions thereof and underlying works. PUBLISHER retains the exclusive right to distribute, market, sell, display, advertise, and promote the Deliverable Items and underlying artwork and works contained therein in perpetuity throughout the universe. The timing and manner of exercise of these rights shall be solely within the discretion of PUBLISHER. Warranties and Indemnification Developer warrants and represents that, except as to portions of the Deliverable Items or underlying artwork provided by PUBLISHER, Developer created all of the artwork, programming and other content to be incorporated into the Deliverable Items, and all portions of the Deliverable Items are original and not in the public domain.

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