This development and publishing agreement template has 18 pages and is a MS Word file type listed under our legal agreements documents.
Sample of our development and publishing agreement template:
DEVELOPMENT AND PUBLISHING AGREEMENT This Development and Publishing Agreement (the "Agreement") is effective [DATE], BETWEEN: [PUBLISHER 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: Developer has proposed development of the [SPECIFY PRODUCT] with the working name "[SPECIFY]" which Developer is desirous of producing and distributing in [SPECIFY FORM] ("Title"); Publisher is in the business of developing, publishing and distributing [SPECIFY]; Developer is desirous of having Publisher provide funding to develop the Title and to publish and distribute the Title on the terms and conditions set forth herein, and Publisher is willing to provide such funding on the terms and conditions set forth herein; NOW, THEREFORE, in consideration of the premises, conditions, covenants and warranties herein contained, the parties agree as follows: DEFINITIONS "Add-On Products" shall mean [SPECIFY] products related to and intended to work with the Title; Advances" shall mean all funds advanced by Publisher to Developer to create the Title (as defined below) or Add-On Products under this Agreement. "Bundled Copies" shall mean copies of the Title or Add-On Products distributed bundled with [SPECIFY] or other products of Publisher or a third party. "Confidential Information" shall mean the information of either party which is disclosed to the other party pursuant to this Agreement, in written form marked "confidential", or if disclosed orally, confirmed in a writing summarizing such information within [NUMBER] days of disclosure and marked "confidential." By way of example and without limiting the generality of the foregoing, Confidential Information shall include trade secrets, know-how, inventions, algorithms, structure and organization of software programs, source code, schematics, contracts, customer lists, financial information, sales and marketing plans, and business plans. "Cost of Goods" shall mean Publisher's actual cost of manufacturing and packaging copies of the Title or Add-On Products up to the time of shipment into the distribution channel, including the duplication costs for copies of the Title or Add-On Products on optical or magnetic media, packaging materials, manuals and other collateral materials and program components. "Deliverable Item" shall mean each of the program components, materials or designs set forth in the relevant Delivery Schedule that Developer shall deliver to Publisher in accordance with the terms of this Agreement. "Delivery Schedule" shall mean the schedule of Deliverable Items set forth in Exhibit B. "Effective Date" shall mean the date first set forth above. "Net Revenue" shall mean all revenues recognized in accordance with generally accepted accounting principles relating to the distribution or sale of the Title or Add-On Products or other products related thereto by Publisher or any of its affiliated, associated or subsidiary companies, less (a) units returned as defective, as a result of errors in billing or shipment, or otherwise returned in the ordinary course of business, (b) Cost of Goods, and (c) taxes collected by Publisher in connection with the Title or Add-On Products or other Title-related products for payment to any governmental authority. The foregoing deductions shall be consistent with the amounts paid in the industry for such items. "QA Testing" shall mean quality assurance testing of an alpha or beta candidate or gold master for identification of bugs or errors. "Retail Copies" shall mean all copies of the Title or Add-On Products distributed to third parties, except Bundled Copies, promotional copies and returns. "Specifications" shall mean the functional specifications and description of features and content of the Title as set forth in Exhibit A. "Territory" shall mean the entire world. "Title" shall mean the interactive multimedia product described in Exhibit A known by the working name "Metal Research". The Title shall also include any product for which Publisher exercises its right of first refusal as further provided below. ADVANCES Advances. Publisher agrees to pay to Developer an advance against royalties of [AMOUNT/COUNTRY], to be paid in installments upon approval of deliverables on the schedule set forth in Exhibit B. Developer agrees that this advance shall be sufficient to produce a complete [SPECIFY]. The amount of this advance may be adjusted as follows; Publisher and Developer agree to meet and confer regarding reducing the amount of this advance and modifying the Delivery Schedule in the event that, during the development of the Title, it appears that the Title can be developed in a shorter time frame or at a lower cost than presently anticipated. Budgeted amounts included in the advance for salaries and overhead expenses such as office space shall be reduced pro rata and/or charged against other projects on which Developer is working concurrently with the Development of the Title under this Agreement. Advances for [PRODUCT]. Publisher shall have the option, in its sole discretion, to add [SPECIFY] [PRODUCT] to the present specifications and budget. It is presently anticipated that the additional cost of such [PRODUCT] would be approximately [AMOUNT/COUNTRY]. It is also agreed by the parties that the exercise of this option by Publisher shall not result in an extension of the delivery dates for the overall Title. To the extent that, at the time of exercise of the option, Developer believes that the schedule will slip as a result, Developer shall inform Publisher of this fact and the parties shall meet and confer regarding any adjustment to the Delivery Schedule. Developer shall investigate actual costs relating to such [PRODUCT], and shall rework the script to include such [PRODUCT], and shall submit a final cost estimate and script including such [PRODUCT] at the time that [SPECIFY] is implemented and demonstrated on the target machine. Publisher shall make a decision within a reasonable time thereafter as to whether to include such [PRODUCT]. If Publisher decides to do so, the parties shall mutually agree on a schedule of milestone deliverables and Advances relating to such [PRODUCT]. PROPRIETARY RIGHTS AND GRANT OF LICENSE The Title and all revisions thereof, if any, and all original music composed for and utilized in the Title are written and commissioned at Publisher's request and direction, and shall be considered works-for-hire. All rights to the Title, including but not limited to the copyright, shall be the property of Publisher or its assignee. Publisher shall have all rights in the Title, including the right to make or license derivative works, and the right to produce the Title and derivative works in all forms now known or hereafter developed. Developer shall not acquire any right, title or interest in or to the Title 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 Title, and Developer shall not have any right to make revisions of the completed Title without Publisher's prior written consent.
