Audio & Distribution
Author Pen Name:
Author Name/Rights Holder:
Author Address: , , , ,
THIS AGREEMENT is made on this date (logged as payment of services date)
This AGREEMENT made between the author, publisher, or rights owner (the “Rights Holder”) and Fictionwide, (Totally Entwined Group Limited) of Newland House, The Point, Weaver Road, Lincoln, LN6 3QN, UK.(“Fictionwide”) concerning all works provided by Rights Holder for audiobook production (the “Work” or “Works”). WHEREAS, Fictionwide is acting as a producer and distributor of audiobooks; WHEREAS, the Rights Holder is the owner of the Work; WHEREAS, the Rights Holder and Fictionwide wish to produce a completed audiobook of the Work (the “Audiobook” or “Audiobooks”); and NOW THERFORE in consideration of the mutual promises set forth, the parties hereby agree as follows:
1. AUDIO PRODUCTIONa. Rights Holder will agree, for any produced Audiobook, to participate in the Share audiobook production program through Fictionwide. For all such Audiobooks, the following termsand conditions (“Share Terms and Conditions”) will apply.
b. Disclosure of Information: During the casting process, Rights Holder may be presented the opportunity to provide certain sales or other contextual information to Fictionwide and any potential narrators of the production. Fictionwide is not responsible for ensuring the confidentiality of any such provided information.
c. Share Participation Terms (Production): Rights Holder will be presented a 50% discounted production fee for any Audiobook accepted into the Share program. All pricing provided by Fictionwide for Share productions is the accurate and final production pricing, inclusive of any discounting.
d. Any initial payments made by the Rights Holder to Fictionwide will be kept in ESCRO until the Audiobook is completed and approved by the Rights Holder, at which time the full amount held in ESCRO will be paid to Fictionwide.
e. In addition, for the duration of the Term of Participation, Rights Holder agrees to the following:
• The Term of Participation for Share Productions will be as defined in this Agreement, below.
• For the avoidance of doubt, Share Productions will be subject to the Sole Distribution Rights requirement for the full Term of Participation.
• During the Term of Participation, Rights Holder agrees that Fictionwide will retain a Share fee equal to thirty (30) per cent of the Distribution Royalties earned for the Share Productionunder the Fictionwide Digital Distribution Agreement. For the avoidance of doubt, this fee is separate from the Distribution Fee. 10% will be kept as service fees by Fictionwide, and 20% will be paid by Fictionwide to the Distribution company.
• Fictionwide may, at its discretion, provide the Narrator of any Share Production up to 25 promotional codes facilitating free access to the same Share Production. Such codes areintended for promotional purposes only and may not be sold, re-sold, raffled, or otherwise monetized by the Narrator. For the avoidance of doubt, no royalties shall be earned or paid out toRights Holder or Narrator for the redemption of such promotional codes.
f. Term of Participation: The Share Terms and Conditions shall apply to any given Audiobook upon signing of the title-specific production agreement, and will apply for a period of ten (10) years following the launch of the audiobook. The launch of the Audiobook shall be defined as the launch date of the audiobook set by the Rights Holder on the Fictionwide Website, or the date that the Share Production is submitted to Fictionwide for Distribution, whichever occurs later.
g. Production Cancellation Fees: Should cancellation of the production of a Share Production occur under the terms laid forth in Section 3 of this Agreement, the per-finished-hour rate applicable to any cancellation shall be double the amount agreed upon in the title-specific production agreement.
h. Share Contract Cancellation Fee: Rights Holder may opt out of the Term of Participation at any time following thirty (30) days written notice and payment of a Cancellation Fee equal to two (2) times the production fee paid to Fictionwide for the Share Production. For the avoidance of doubt, the initial production fee and/or any Share fees from royalties generated for the Share Production will not apply to the Cancellation Fee. The Share fee will continue to apply until the start of the calendar month following receipt of the Cancellation Fee.
i. Cancellation due to Delay of Distribution: Rights Holder agrees that should the finished Audiobook not be launched (as defined in the Term of Participation Section) by the Rights Holder within six (6) months of the completion of the Share Production, Fictionwide, at its sole discretion, may proceed as though Rights Holder provided written notice of intent to opt out, including the charging of the Cancellation Fee noted above.
2. PRODUCTION SERVICES
b. The vocal performer (“Narrator”) will submit for Rights Holder approval the finished Audiobook per the terms agreed to in each Production Agreement. Any changes to suchterms must be mutually agreed to in writing between Rights Holder and Fictionwide.
c. All “Per-Finished-Hour” production pricing shared with Rights Holder for the production of the Audiobook will be fully inclusive of all duration-based fees, including narration costs.
There will be an additional one-time casting services fee in the amount of $49.00 per Audiobook, due upon completion of each Audiobook. Rights Holder will be responsible forany applicable sales or VAT taxes for the production of the Audiobook, which will be added to the final bill. All pricing is denominated in United States Dollars (USD).
d. Any production with a final duration of less than sixty (60) minutes will be rounded to one (1) finished hour for the purpose of determining the final billable duration. Any production with a final duration greater than sixty (60) minutes will be billed based on the actual duration.
3. RIGHTS HOLDER APPROVALS FOR PRODUCTION SERVICESa. Narrator Assignment: Rights Holder will have the right to select Narrators as recommended by Fictionwide for the Audiobook.
b. Extended Sample: Rights Holder will approve an initial 15-minute sample (the “Extended Sample”) before Fictionwide will start the production of the full Audiobook. If the fullduration of the Audiobook is less than one hour, Fictionwide may provide a shorter-duration Extended Sample at its discretion.
i. Sample Approval: Rights Holder agrees to review and either approve or request revisions to the Extended Sample within 2 days of receipt of the Extended Sample or any subsequent re-recording of the Extended Sample, as necessary. Revisions at this stage may include changes to tone, pronunciations, accents, and performance style that would be incorporated into theperformance of the full Audiobook. If such revisions are requested, Rights Holder may request a single re-recording of the Extended Sample by Narrator before commencing with the full recording. For clarity, following the approval of the Extended Sample, the Rights Holder will be required to pay for any significant changes to the performance in the full Audiobook not allowedexplicitly in Section 3.C, such as, but not limited to, changes in tone, accents, pronunciation of frequently spoken names and non-dictionary words, and performance style following the approval of the Extended Sample.
ii. Sample Approval Impasse: A Sample Approval Impasse may be initiated under the following three cases or as otherwise determined by Fictionwide: (i) by Rights Holder, in the event that Rights Holder does not approve of the second recording of the Sample and informs Fictionwide in writing, (ii) By Fictionwide, in the event that Rights Holder has not met the timing obligationsset forth in Section 3.b, or (iii) by the Narrator orFictionwide, in the event that the Rights Holder has misrepresented the content of the book and/or has not provided a fully edited and publication-ready manuscript to perform. Initiation of a Sample Approval Impasse will cancel the associated Production Agreement, and Rights Holder will be responsible for payment of the agreedto per finished hour rate pro-rated to one (1) finished hour.
c. Audiobook Production: Rights Holder will have the right to approve the fully recorded Audiobook to initiate completion of production. Fictionwide and Rights Holder will work in good faith to ensure approval of each completed Audiobook.
i. Production Approval Process: Rights Holder may request revisions to the finished recording and Narrator will make up to two (2) sets of revisions to specific items within the finished Audiobook as identified and time-stamped by Rights Holder. Such specific revisions may include, but are not limited to, the correction of a small number of mispronunciations, removal of extraneous sounds, recording of skipped or missed phrases, or other items not related to the overall tone or style of the Audiobook. The Narrator is under no obligation to record a full revision of the full Audiobook. Payment for production, as agreed upon in the Production Agreement, will be due upon approval of the Audiobook
ii. Production Approval Timing: Following the first submission of the finished recording, Rights Holder will have ten days to approve or request revisions. For any subsequent review of the finished recording, Rights Holder will have two (2) days to either approve or request revisions. Should Rights Holder not meet the timing obligations set forth in this Section 3.C.ii, Rights Holder may be deemed to have given final approval of the Audiobook and would, in such instance, be responsible for the full cost of the Audiobook’s production agreed upon in the Production Agreement as well as the cost of any further post-approval revisions.
iii. Post-Approval Revisions: Rights Holder will be responsible for all costs associated with any subsequent changes to Audiobooks requiring the narrator to re-record any amount of the Audiobook once it has been approved.
iv. Full Production Approval Impasse: If, after two revisions to specific corrections of a completed Audiobook (according to the guidelines specified herein), Rights Holder does not approve of the Audiobook, then Rights Holder may terminate the Production Agreement for the Audiobook by payment of a cancellation fee equal to 70% of the agreed upon pricing for all work completed and available on the Fictionwide website up to date of non-approval. In the event of cancellation, Rights Holder agrees in this case to delete all copies of files associated with the Audiobook, make payment of the cancellation fee immediately, and Rights Holder may not make the Audiobook available for sale or consumption through any distribution channel.
d. Non-payment: In the event of non-payment at the time of production approval, a production approval impasse, or a sample approval impasse, Fictionwide reserves the right to charge the unpaid balance to the Rights Holder’s payment method on file.
4. RIGHT TO PRODUCE AUDIOBOOKa. Once Rights Holder and Fictionwide have entered into a Production Agreement for a specific Work, Rights Holder will neither produce nor grant any third party the right to produce an audio version of the Works identified for audio production by Fictionwide. Fictionwide understands that if Rights Holder or Fictionwide terminates this Agreement or any Production Agreement, as permitted in this Agreement, Rights Holder will be free to engage another producer to produce the Audiobook and will have no further obligation to Fictionwide with respect to the Audiobook.
b. Rights Holder asserts that all content submitted to Fictionwide for production meets the expectations set in the Fictionwide Content Policy, available on the Fictionwide website. Fictionwide may choose to not facilitate production, distribution, purchasing, listening, or sales for any Audiobook at any time at Fictionwide’s sole discretion.
5. THIRD PARTY ENGAGEMENTFictionwide may contract with third parties to assist in the production of the Audiobook, including to perform services such as production company, narrator, editor, or studio engineer. Fictionwide agrees to be responsible for the final production of the Audiobook even if Fictionwide hires one or more third parties to assist in the production. Should a Narrator referenced in a Production Agreement fail to meet performance standards or timing expectations, Fictionwide and Rights Holder agree to work mutually to reach an appropriate resolution.
6. PROMOTION AND PROMOTIONAL MATERIALSRights Holder grants Fictionwide and the Narrator the right to use the Extended Sample and any recording made during narrator auditions for marketing and promotional purposes.
DEFINITIONS“Artwork” means any art, artwork, images, photographs, cover art, video marketing materials associated with an Audiobook that is submitted or provided by or on behalf of the Rights Holder.“Audiobook” means a digital file, including without limitation, the sound recording, the art, Artwork, images, Audiobook Music, metadata, text, photographs, video marketing materials and other related materials associated with an Audiobook that is provided by or on behalf of the Rights Holder in connection with the Agreement.“Audiobook Music” means any music within an Audiobook that is submitted or provided by or on behalf of the Rights Holder."Distribution Partners” means any retail and wholesale channels, schools, libraries that Fictionwide distributes Audiobook titles to for the purpose of selling and/or circulation.“Distribution Royalty” means any amount due to the Rights Holder in accordance with Schedule A of this Agreement.“DRM” means Digital Rights Management intended to prevent unauthorized redistribution of Audiobooks by restricting the ways consumers can copy content they have purchased.“Family Group” means a group of up to six (6) users.“Family Sharing” means that users in a Family Group may purchase a single copy of an Audiobook and share it with other members in their Family Group.“Library Channel” means where audiobooks are purchased and circulated in a school or public library.“Master Recording” means the first or original recording of an Audiobook, from which all the later copies are made.“Non-Exclusive Rights” means the non-exclusive right to distribute the Audiobook.“Preview” means a sample of an Audiobook created from the Master Recording or provided by Rights Holder.“Recordings” means the digital sound contained within the Audiobook.“Sole Distribution Rights” means the exclusive right to distribute the Audiobook.
1. DUTIESRights Holder hereby appoints Fictionwide its exclusive agent, to distribute, throughout the world, through any of Fictionwide’s Distribution Partners indicated by Rights Holder on the Fictionwide website, wherever situated, the Recordings, which may be complete, condensed, or abridged versions of the Audiobooks. Rights Holder grants to Fictionwide and its Distribution Partners an exclusive, royalty-free, worldwide license to use the Rights Holder’s brand features and Audiobooks (in whole or in part) in connection with the Audiobooks and the marketing, promotion and advertising of the Audiobooks on partner services and through applications and devices; and presentations, financial reports, press releases, and customer lists, websites, and blogs. All use of Rights Holder’s brand features, and all goodwill associated with that use, will inure solely to the benefit of Rights Holder. Subject to the express license granted, rights, title, and interest in and to Rights Holder’s brand features are and will remain with Rights Holder. Rights, authorizations, and licenses granted by Rights Holder allow Distribution Partners to make the applicable Audiobooks available to every member of an applicable Family Group in the same way as to the user that purchases the applicable Audiobooks for the purpose of Family Sharing. Rights Holder authorizes Fictionwide to create Previews not to exceed 10% of the runtime of the Recording. The Recordings shall be distributed solely by means of digitally delivered downloads and any other medium for sound reproduction or transmission now known or which may hereafter become known or developed. Fictionwide agrees to perform the following services for Rights Holder:
a. Convert the files of the Audiobooks necessary for the Rights Holder to use Fictionwide’s digital download distribution services (the “Services”) in a format compatible with the Services. The RightsHolder agrees to cooperate with Fictionwide and to provide Fictionwide with all necessary information and assistance required by Fictionwide to successfully convert the Rights Holder’s files and Fictionwide may, at its sole discretion, assign an ISBN(s) for the Audiobook if needed.
b. For the Library Channel, Fictionwide will ensure Digital Rights Management (DRM) protection to all downloadable titles.
c. An industry-standard introduction may be added to the beginning of each recording. By way of example, intro may include background music and narrator’s voice saying, “This audiobook isbrought to you by XYZ Rights Holder and Fictionwide.”
d. Bill and collect the amount due for all sales of the Recordings made by Fictionwide as Rights Holder’s agent; and
e. Receive and respond as appropriate to all customer service enquiries.
2. If Fictionwide fails to fulfill or comply with any provision of this Agreement within 60 days after written notice from Rights Holder of such failure, or if Fictionwide takes advantage of any insolvency law, commences the liquidation of its business, or becomes bankrupt, files a petition for an arrangement under the Federal Bankruptcy Act, makes an assignment for the benefit of itscreditors, or if a receiver or trustee is appointed of substantially all of its assets, then without further notice, Fictionwide’s appointment as Rights Holder’s agent and Fictionwide’s other rightsunder this Agreement can terminate and Fictionwide shall remain liable for any amounts due or which may become due hereunder.
3. ARTWORK, METADATA, AND PROMOTIONAL MATERIALSa) Rights Holder controls the appropriate rights in and to the packaging Artwork on Rights Holder’s sound recordings of each of the applicable Audiobooks and grants Fictionwide the right to use without charge said Artwork in connection with the description of the applicable Recordings.b) Rights Holder will provide the Artwork and metadata describing each Audiobook according to Fictionwide’s requirements via the Fictionwide website.c) Rights Holder grants Fictionwide and Fictionwide’s Distribution Partners a non-exclusive right to use Rights Holder’s name, likeness, and biographical information for the purposes of promoting and marketing each Audiobook. If requested, Rights Holder may provide Fictionwide with appropriate promotional materials for use to market the Audiobook. Rights Holder grants Fictionwide the right to add or include Fictionwide’s logos or verbiage on applicable materials.
4. DISTRIBUTION AND ROYALTIESa. For every sale of an Audiobook, Rights Holder shall be paid according to the Distribution Royalties and sales mechanics set forth in Schedule C, attached hereto and made a parthereof. Rights Holder will set the suggested retail price (“SRP”) and suggested library price (“SLP”), exclusive of any VAT or other applicable taxes, for all Audiobooks.b. Rights Holder receives 90%, 35% or 45% of all net royalty receipts, dependent upon which Fictionwide Plan your book is in. Fictionwide receives a distribution fee equal to 10%, 65% or 55% of royalty receipts, dependent upon which Fictionwide plan Rights Holder's book is in (according to Schedule A).
c. Fictionwide will, from time to time, add new Distribution Partners, channels, business models, and associated royalties. Rights Holder will be automatically included in any of these newopportunities. Rights Holder can opt out of any Distribution Partners by notifying Fictionwide on the Fictionwide website, and Fictionwide will remove the Audiobooks in a commercially reasonable timeframe as outlined in Section 5.A.
d. If a Distribution Partner ofFictionwide issues a refund to a customer for downloadable Audiobooks, such refund will be charged back to Rights Holder. Refunds charged back to Rights Holder in any given month shall not exceed one percent (1%) of all sums actually received by Fictionwide in the month in which such refund was given.
e. Fictionwide agrees to maintain accurate books of accounts, which reflect sales and titles sold under different channels and business models separately.
f. All taxes due in the selling and distribution of an Audiobook shall be the responsibility of each individual Distribution Partner. Rights Holder is responsible for any income or other taxes due resulting from Distribution Royalty payments made by Fictionwide to Rights Holder under this or any other Agreement. Fictionwide may deduct or withhold amounts from Distribution Royalty payments if required under applicable tax legislation.
g. Rights Holder agrees that Fictionwide may withhold Distribution Royalty payments if Rights Holder is in breach of this or any other agreement with Fictionwide.
h. Fictionwide may, at its discretion, provide promotional codes for facilitating free access to Rights Holder’s audiobooks. Such codes are intended for promotional purposes only and may not be sold, re-sold, raffled, or otherwise monetized. For the avoidance of doubt, no royalties shall be earned or paid out to Rights Holder for redemption of such promotional codes.
i. Rights Holder may agree, for any submitted Audiobook, to participate in the audiobook distribution program. Such Audiobooks will be subject to theterms laid forth in Exhibit E of this Agreement, and will receive additional services and support from Fictionwide. Rights Holder agrees that Fictionwide will receive Sole Distribution Rights for all participating Audiobooks.
5. DISCONTINUANCE OF DISTRIBUTIONa. Rights Holder may request that Fictionwide cease to distribute their Audiobooks to any number or all Distribution Partners at any time either by email or through the Fictionwide website. Fictionwide will make best efforts to remove the Audiobook(s) within 60 business days of receipt of such written notification from Rights Holder. Rights Holder acknowledges that such removal requires action on the part of Fictionwide’s Distribution Partners and may, in certain cases, take longer than 30 business days to complete.
b. Rights Holder asserts that all content submitted to Fictionwide for distribution meets both Fictionwide's Audiobook Program Policy, available in Schedule B and the Fictionwide website, respectively. Additionally, Fictionwide and Fictionwide's Distribution Partners may choose to not facilitate distribution, purchasing, listening, or sales for any Audiobook at any time at their own discretion for any reason.
6. REMITTANCE AND ACCOUNTINGa. Fictionwide shall pay to Rights Holder in the manner hereinafter provided all amounts due pursuant to the Distribution Royalties set forth in Schedule A.
b.Fictionwide shall render to Rights Holder monthly statements of account for any sale. Fictionwide shall send such statements, together with payments for the amount due, if any,within thirty (30) days following the end of the period in which Fictionwide collects the Distribution Royalty and receives such similar reports from each individual DistributionPartner. Payment due, if any, will be made to Rights Holder at the destination specified by Rights Holder in the Fictionwide website prior to initiation of payment and will post suchrequirements on the Fictionwide website. In the event that such payment threshold is not met, Fictionwide will remit payment and make all accounts current within thirty (30)days following the end of each calendar year.
c. Payments will be made to Rights Holder in United States Dollars (USD) unless otherwise agreed upon. d. Statements shall state for each accounting period the number of copies of each of Audiobooks sold by Fictionwide.e. Fictionwide may, at its discretion, provide preliminary sales reporting functionality. Such preliminary reporting should be treated as unofficial and is not to be used for calculation ofRights Holder’s monthly royalty payment.
7. OWNERSHIPRights Holder will retain all right, title, and interest in and to the Work and Audiobook including the copyright in the Work and the sound recording copyright, unless otherwise agreed upon by both parties in writing.
8. CHANGES TO TERMSFictionwide reserves the right to change, edit, improve, add, or delete portions of these terms at any time as set out herein.
9. REPRESENTATIONS, WARRANTIES AND INDEMNITIESRights Holder represents and warrants to Fictionwide that it has the right to enter into this Agreement and any Production Agreements, to appoint Fictionwide as its exclusive agent for production and to grant the rights herein granted; that no material in the Work violates the right of privacy or publicity or any proprietary or personal right of any person; that the Audiobooks are not libelousor obscene; and that they do not infringe upon the copyright or intellectual property of anyone (including but not limited to any use of song lyrics, movie quotes, and other similar content), thatthey do not contain any material that is harmful or may subject Fictionwide to liability to any third party or is otherwise contrary to law; and Rights Holder agrees to defend, indemnify and holdFictionwide and its affiliates, and their respective employees, officers, directors, shareholders, and representatives harmless against any loss, expense (including reasonable attorney’s fees) ordamage occasioned by any claim, action, proceeding or recovery arising out of a claim which would, if sustained, be a breach of any of the foregoing representations or warranties (a “Claim”), subject to the conditions that (i) Fictionwide promptly notify Rights Holder of any such Claim; (ii) Fictionwide permit Rights Holder to defend and at Rights Holder’s option, settle, at Rights Holder’s expense, such Claim with counsel selected and paid for by Rights Holder; and (iii) that Fictionwide provide all reasonable assistance requested by Rights Holder in connection with such Claim at Rights Holder’s expense.
10. LIMITATIONS ON LIABILITYEXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, FICTIONWIDE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL FICTIONWIDE OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR FICTIONWIDE HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. IN NO EVENT SHALL FICTIONWIDE’S OR ITS AFFILIATES’ TOTAL LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT PAID BY FICTIONWIDE TO RIGHTS HOLDER HEREUNDER DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO LIABILITY HEREUNDER.
11. NOTICESAll notices required under this Agreement shall be in writing and shall be given by certified or other receipted form of mail, or by facsimile (with printed confirmation), email (acknowledgement /acceptance of receipt required), or by hand delivery to the other party at either the addresses provided below, the address provided by Rights Holder via the Fictionwide Workflow, or such otheraddresses as a party may specify by notice:
To: FictionwidePO Box 228MARKET RASENLN8 9DDUK
12. FORCE MAJEUREIt shall not be deemed a breach of this Agreement or of any Production Agreement if performance is delayed or impossible due to fire, flood, war, terror attack, tornado, Act of God, or otherunforeseeable circumstance that is beyond the control of the party who failed to perform.
13. ASSIGNMENTSFictionwide and Rights Holder may assign its rights in the Agreement in whole or in part to any person, firm, or corporation, and such rights may be assigned by any assignee thereof, but no suchassignment will relieve either party of any obligations under the Agreement.
14. ENTIRE AGREEMENTEach party acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms, and further agrees that this Agreement and the Exhibits annexed hereto constitute the complete and exclusive statement of the agreement between the Parties and supersedes and merges all prior proposals, understandings, and all other agreements, oral and written, between the Parties relating to the subject matter of this Agreement.
15. GOVERNING LAW
This Agreement is legal and binding in all countries. This Agreement shall be governed by the law of England and Wales and the Parties hereto submit to the exclusive jurisdiction of the English courts.
16. ELECTRONIC SIGNATURE
A check in the box below by you shall constitute your signature signifying acceptance of this Agreement with the intent that it be valid for all purposes and in compliance with the eIDAS Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC, and, the U.S. Electronic Signatures in Global and National Commerce Act of 2000 and the laws of any other applicable jurisdiction.
SCHEDULE AAUDIOBOOK DISTRIBUTION ROYALTIES AND SALES MECHANICS
** Royalty receipts under these models paid based on the retailer's revenues, not SRP/SLP.
***Cost per Checkout royalties are based on the prices indicated below in the Cost per Checkout model description.
SCHEDULE BAUDIOBOOK PROGRAM POLICIESRights Holder acknowledges and agrees to adhere to Audiobook Program Policies. Fictionwide may change the Audiobook Program Policies at its discretion from time to time with notice to the Rights Holder. Our content policies play an important role in ensuring a positive experience for both our users and publishing partners. Please join us in this effort by respecting these guidelines. We may make exceptions to these policies based on artistic, educational, historical, documentary, or scientific considerations, or where there are other substantial benefits to the public.
Distribution Discretion:Distribution Partners of Fictionwide have no obligation to make Audiobooks available on their services, and Fictionwide reserves the right to remove any Audiobook from its Services in its sole discretion.
Misleading and Disappointing Content:
Don't provide content that misleads customers and/or provides a poor user experience. Content that consistently receives user complaints may be reviewed. Material that we don't permit includes but isn't limited to the following examples:
• Books that could be easily mistaken for apps or other forms of digital content• Samples whose sole purpose is to advertise or drive purchase of other Books• Metadata that is confusingly similar to existing Books, including misleading titles, authors, descriptions or covers, or that may cause confusion as to the format of the Book.• Books with quality issues in the content file(s) that render the content difficult to understand. Machine-read audio content that can clearly be identified as non-human.Violent, Threatening or Disgusting Materials:Incitement to violence or terrorism is not permitted. This includes materials that are intended to harass, or which threaten to cause serious physical injury or death to an individual or rally support to physically harm others. In addition, we will not allow extremely graphically violent or scatological materials.Hate Speech:Content that promotes hate, violence, or genocide towards any identifiable or protected group or individual is not permitted. Protected groups and individuals include those based on race or ethnicity, nationality (including citizenship), religion, disability, gender, age, veteran status, sexual orientation, or gender identity.Sexually Explicit Material:
Permitted• Images of nudity with educational, artistic, historical, or documentary value• Sexually explicit topicsAlthough these types of sexually explicit materials are permitted, we do require Rights Holders mark their content as being "For mature audiences" on the book's in the metadata template.Not permitted• Images and/or audio descriptions of nudity with no educational, artistic, historical, or documentary value• Pornographic content• Sexually explicit terms in any Book metadata (i.e. titles, subtitles or descriptions)• Sexually explicit text or audio excerpts in descriptions or previews• Sexually explicit text, images, or audio content depicting extreme sexual acts such as acts of pedophilia or sex with animals• Content that drives traffic to commercial pornographic video sitesPlease note that we may make exceptions based on artistic, educational, historical, documentary, or scientific considerations, or where there are other substantial benefits to the public.
Machine LearningRights Holder grants Apple a limited, non-exclusive, non-transferable, non-sublicensable right and license to use Audiobooks files for machine learning training and models, provided that in no event shall any Rights Holder Audiobooks or portion thereof be provided to any third party or end-user in contravention of this Digital Distribution Agreement (e.g. making Rights Holder content available for free to end-users without express written consent).
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Signed by Claire Siemaszkiewicz
Signed On: August 16, 2021
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Document Name: Audio & Distribution
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