Entities: individual, partnership, corp?

Due Diligence:

• Is publisher reputable?
• publisher handle this type of product?
• track record of publisher

Grant of rights: Ownership of Copyright:

License: exclusive or non-exclusive

Term:

Platforms:

• CD-Rom:
• Game Cartridge:
• Game Cartridge:
• Online:

Territories:
Ancillary Rights:
Merchandising
Book Publishing
Sequel program
Rt of Last Refusal
Reserved Rights:

• Rt to use portions of work in other products
• Right of First Negotiation
• Right of Last Refusal

Compensation:

• Advance:
• Non-refundable:
• Against royalties:
• Minimum Royalty Payments:

Guarantee:
Rt to terminate if shortfall:
Royalties:
% of Net Revenues:
Amounts paid
Amounts invoiced

Deductions allowed:
taxes, freight, discounts, returns, co-op ads

Deductions not allowed: distribution, fee, overhead.

Deduction negotiable: Cost of manufacturing
Fixed royalty:
Time of payment:
Installments:
Sliding scale royalties:
___ % of first _____ copies sold
___% of next ____ copies sold
___% thereafter.
Royalty on sub-licenses:

Conflicts of Interest: conflicts with other products

Best efforts clause
Favored Nation's Clause
Minimum Advertising & Promotion: ________

Limited to direct out-of-pocket costs?

Bundling Deals: Fixed dollar amount per copy: ____

Audits and Accounting:
Accounting: Monthly, quarterly, yearly
Audit rights: location:
time limit?
Reimbursement of audit fees if underpayment?
Reserve for Returns: (10-25%)
Interest on late payments:

Delivery requirements:

• Object Code only
• Date for delivery
• Developer continuing obligation for testing and correction
• Technical Support of end users:

Publisher:
Developer: direct to end user or consult with publisher.
Warranties:Absolute
Best of knowledge and belief
Security Interest:
Termination Clause:

• breach:
• shortfall:

Arbitration:
Venue:
Forum:
Reimbursement of Atty fees:
Choice of Law: