[{"data":1,"prerenderedAt":528},["ShallowReactive",2],{"document-development-agreements-multimedia-publisher-D5174":3},{"document":4,"label":23,"preview":11,"thumb":24,"description":5,"descriptionCustom":6,"apiDescription":5,"pages":8,"extension":10,"parents":25,"breadcrumb":29,"related":37,"customDescModule":175,"customdescription":6,"mdFm":176,"mdProseHtml":527},{"description":5,"descriptionCustom":6,"label":7,"pages":8,"size":9,"extension":10,"preview":11,"thumb":12,"svgFrame":13,"seoMetadata":14,"parents":15,"keywords":22},"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.",null,"Development Agreements Multimedia Publisher","8",74,"doc","https://templates.business-in-a-box.com/imgs/1000px/development-agreements_multimedia-publisher-D5174.png","https://templates.business-in-a-box.com/imgs/250px/5174.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#5174.xml",{"title":6,"description":6},[16,19],{"label":17,"url":18},"Software & Technology","/templates/software-technology-business/",{"label":20,"url":21},"Copyrights, Patents & Trademarks","/templates/copyrights-patent-trademark/","development agreements multimedia publisher","Development Agreements Multimedia Publisher Template","https://templates.business-in-a-box.com/imgs/400px/5174.png",[26,16,19],{"label":27,"url":28},"Templates","/templates/",[30,31,34],{"label":27,"url":28},{"label":32,"url":33},"Legal Agreements","/templates/business-legal-agreements/",{"label":35,"url":36},"Development Agreements","/templates/development-agreements/",[38,42,46,50,54,58,62,66,70,74,78,82,86,101,118,134,149,161],{"label":39,"url":40,"thumb":41,"extension":10},"Multimedia Development and License Agreement","/template/multimedia-development-and-license-agreement-D5175","https://templates.business-in-a-box.com/imgs/250px/5175.png",{"label":43,"url":44,"thumb":45,"extension":10},"Checklist Drafting Web Site Development Agreements","/template/checklist-drafting-web-site-development-agreements-D5180","https://templates.business-in-a-box.com/imgs/250px/5180.png",{"label":47,"url":48,"thumb":49,"extension":10},"Author-Publisher Non-Disclosure Agreement","/template/author-publisher-non-disclosure-agreement-D947","https://templates.business-in-a-box.com/imgs/250px/947.png",{"label":51,"url":52,"thumb":53,"extension":10},"Development and Publishing Agreement","/template/development-and-publishing-agreement-D5190","https://templates.business-in-a-box.com/imgs/250px/5190.png",{"label":55,"url":56,"thumb":57,"extension":10},"Economic Development Agreement","/template/economic-development-agreement-D13006","https://templates.business-in-a-box.com/imgs/250px/13006.png",{"label":59,"url":60,"thumb":61,"extension":10},"Restrictive Covenants for Employment Agreements","/template/restrictive-covenants-for-employment-agreements-D555","https://templates.business-in-a-box.com/imgs/250px/555.png",{"label":63,"url":64,"thumb":65,"extension":10},"Training and Development Policy","/template/training-and-development-policy-D13793","https://templates.business-in-a-box.com/imgs/250px/13793.png",{"label":67,"url":68,"thumb":69,"extension":10},"Web Site Development and Service Agreement","/template/web-site-development-and-service-agreement-D5181","https://templates.business-in-a-box.com/imgs/250px/5181.png",{"label":71,"url":72,"thumb":73,"extension":10},"Joint Development Agreement Standard","/template/joint-development-agreement-standard-D887","https://templates.business-in-a-box.com/imgs/250px/887.png",{"label":75,"url":76,"thumb":77,"extension":10},"Distribution Agreement Software and Multimedia","/template/distribution-agreement-software-and-multimedia-D790","https://templates.business-in-a-box.com/imgs/250px/790.png",{"label":79,"url":80,"thumb":81,"extension":10},"Professional Development Reimbursement Policy","/template/professional-development-reimbursement-policy-D13752","https://templates.business-in-a-box.com/imgs/250px/13752.png",{"label":83,"url":84,"thumb":85,"extension":10},"Video Game Development Agreement","/template/video-game-development-agreement-D14078","https://templates.business-in-a-box.com/imgs/250px/14078.png",{"description":87,"descriptionCustom":6,"label":88,"pages":89,"size":90,"extension":10,"preview":91,"thumb":92,"svgFrame":93,"seoMetadata":94,"parents":95,"keywords":99,"url":100},"INDEPENDENT CONTRACTOR AGREEMENT This Independent Contractor Agreement (\"Agreement\") is made and effective [Date], BETWEEN: [INDEPENDENT CONTRACTOR NAME] (the \"Independent Contractor\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Company\"), a company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS Independent Contractor is engaged in providing [Describe] business services, its Employer Tax I.D. Number is [Insert], and its Business License Number is [insert]. Independent Contractor has complied with all Federal, State, and local laws regarding business permits, sales permits, licenses, reporting requirements, tax withholding requirements, and other legal requirements of any kind that may be required to carry out said business and the Scope of Work which is to be performed as an Independent Contractor pursuant to this Agreement. Independent Contractor is or remains open to conducting similar tasks or activities for clients other than the Company and holds themselves out to the public to be a separate business entity. Company desires to engage and contract for the services of the Independent Contractor to perform certain tasks as set forth below. Independent Contractor desires to enter into this Agreement and perform as an independent contractor for the company and is willing to do so on the terms and conditions set forth below. NOW, THEREFORE, in consideration of the above recitals and the mutual promises and conditions contained in this Agreement, the Parties agree as follows: TERMS This Agreement shall be effective commencing [Date], and shall continue until terminated at the completion of the Scope of Work which shall occur no later than [Date] or by either party as otherwise provided herein. STATUS OF INDEPENDENT CONTRACTOR This Agreement does not constitute a hiring by either party. It is the parties intentions that Independent Contractor shall have an independent contractor status and not be an employee for any purposes, including, but not limited to, [laws]. Independent Contractor shall retain sole and absolute discretion in the manner and means of carrying out their activities and responsibilities under this Agreement. This Agreement shall not be considered or construed to be a partnership or joint venture, and the Company shall not be liable for any obligations incurred by Independent Contractor unless specifically authorized in writing. Independent Contractor shall not act as an agent of the Company, ostensibly or otherwise, nor bind the Company in any manner, unless specifically authorized to do so in writing. TASKS, DUTIES, AND SCOPE OF WORK Independent Contractor agrees to devote as much time, attention, and energy as necessary to complete or achieve the following: [Describe]. The above to be referred to in this Agreement as the \"Scope of Work\". It is expected that the Scope of Work will completed by [Date]. Independent Contractor shall additionally perform any and all tasks and duties associated with the Scope of Work set forth above, including but not limited to, work being performed already or related change orders. Independent Contractor shall not be entitled to engage in any activities which are not expressly set forth by this Agreement. The books and records related to the Scope of Work set forth in this Agreement shall be maintained by the Independent Contractor at the Independent Contractor's principal place of business and open to inspection by Company during regular working hours. Documents to which Company will be entitled to inspect include, but are not limited to, any and all contract documents, change orders/purchase orders and work authorized by Independent Contractor or Company on existing or potential projects related to this Agreement. Independent Contractor shall be responsible to the management and directors of Company, but Independent Contractor will not be required to follow or establish a regular or daily work schedule. Supply all necessary equipment, materials and supplies. Independent Contractor will not rely on the equipment or offices of Company for completion of tasks and duties set forth pursuant to this Agreement. Any advice given Independent Contractors regarding the scope of work shall be considered a suggestion only, not an instruction. Company retains the right to inspect, stop, or alter the work of Independent Contractor to assure its conformity with this Agreement. ASSURANCE OF SERVICES Independent Contractor will assure that the following individuals (the \"Key Employees\") will be available to perform, and will perform, the Services hereunder until they are completed (identify by title and name as applicable): [Name of Key Employee, Title] [Name of Key Employee, Title] The Key Employees may be changed only with the prior written approval of the Company, which approval shall not be unreasonably withheld. COMPENSATION Independent Contractor shall be entitled to compensation for performing those tasks and duties related to the Scope of Work as follows: [Describe] Such compensation shall become due and payable to Independent Contractor in the following time, place, and manner: [Describe] NOTICE CONCERNING WITHHOLDING OF TAXES Independent Contractor recognizes and understands that it will receive a [specify tax] statement and related tax statements, and will be required to file corporate and/or individual tax returns and to pay taxes in accordance with all provisions of applicable Federal and State law. Independent Contractor hereby promises and agrees to indemnify the Company for any damages or expenses, including attorney's fees, and legal expenses, incurred by the Company as a result of independent contractor's failure to make such required payments. AGREEMENT TO WAIVE RIGHTS TO BENEFITS Independent Contractor hereby waives and foregoes the right to receive any benefits given by Company to its regular employees, including, but not limited to, health benefits, vacation and sick leave benefits, profit sharing plans, etc. This waiver is applicable to all non-salary benefits which might otherwise be found to accrue to the Independent Contractor by virtue of their services to Company, and is effective for the entire duration of Independent Contractor's agreement with Company. This waiver is effective independently of Independent Contractor's employment status as adjudged for taxation purposes or for any other purpose. Neither this Agreement, nor any duties or obligations under this Agreement may be assigned by either party without the consent of the other. TERMINATION This Agreement may be terminated prior to the completion or achievement of the Scope of Work by either party giving [number] days written notice. Such termination shall not prejudice any other remedy to which the terminating party may be entitled, either by law, in equity, or under this Agreement. NON-DISCLOSURE OF TRADE SECRETS, CUSTOMER LISTS AND OTHER PROPRIETARY INFORMATION Independent Contractor agrees not to disclose or communicate, in any manner, either during or after Independent Contractor's agreement with Company, information about Company, its operations, clientele, or any other information, that relate to the business of Company including, but not limited to, the names of its customers, its marketing strategies, operations, or any other information of any kind which would be deemed confidential, a trade secret, a customer list, or other form of proprietary information of Company. Independent Contractor acknowledges that the above information is material and confidential and that it affects the profitability of Company. ","Independent Contractor Agreement","6",62,"https://templates.business-in-a-box.com/imgs/1000px/independent-contractor-agreement-D160.png","https://templates.business-in-a-box.com/imgs/250px/160.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#160.xml",{"title":6,"description":6},[96],{"label":97,"url":98},"Consultant & Contractors","consulting-contractor-business","independent contractor agreement","/template/independent-contractor-agreement-D160",{"description":102,"descriptionCustom":6,"label":103,"pages":104,"size":105,"extension":10,"preview":106,"thumb":107,"svgFrame":108,"seoMetadata":109,"parents":111,"keywords":110,"url":117},"NON-DISCLOSURE AGREEMENT (NDA) This Non-Disclosure Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [YOUR COMPANY NAME] (the \"Disclosing Party\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] AND: [RECEIVING PARTY NAME] (the \"Receiving Party\"), an individual with his main address located at OR a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] WHEREAS, Receiving Party has been or will be engaged in the performance of work on [DESCRIBE]; and in connection therewith will be given access to certain confidential and proprietary information; and WHEREAS, Receiving Party and Disclosing Party wish to evidence by this Agreement the manner in which said confidential and proprietary material will be treated. NOW, THEREFORE, it is agreed as follows: NON-DISCLOSURE OF CONFIDENTIAL INFORMATION Both Parties understand and agree that each Party may have access to the confidential information of the other party. For the purposes of this Agreement, \"Confidential Information\" means proprietary and confidential information about the Disclosing Party's (or it's suppliers') business or activities. Such information includes all business, financial, technical, and other information marked or designated by such Party as \"confidential\" or \"proprietary.\" Confidential Information also includes information which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential. For the purposes of this Agreement, Confidential Information does not include: Information that is currently in the public domain or that enters the public domain after the signing of this Agreement. Information a Party lawfully receives from a third Party without restriction on disclosure and without breach of a non-disclosure obligation. Information that the Receiving Party knew prior to receiving any Confidential Information from the Disclosing Party. Information that the Receiving Party independently develops without reliance on any Confidential Information from the Disclosing Party. Each Party agrees that it will not disclose to any third Party or use any Confidential Information disclosed to it by the other Party except when expressly permitted in writing by the other Party. Each Party also agrees that it will take all reasonable measures to maintain the confidentiality of all Confidential Information of the other Party in its possession or control. TERM The term of this Agreement is [number] of [years/months] from the date of execution by both Parties. TITLE The Receiving Party agrees that all Confidential Information furnished by the Disclosing Party shall remain the sole property of the Disclosing Party. 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NOW, THEREFORE, in consideration of the above premises and agreements herein contained, the preamble forming an integral part hereof, the parties agree as follows: DEFINITIONS In this Agreement, except where the context or subject matter is inconsistent therewith, the following terms shall have the following meanings: \"Affiliates\" means, with respect to a Party to this Agreement, any person which, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with such Party. The term \"control\" means possession, direct or indirect, of the powers to direct or cause the direction of the management or policies of a person, whether through ownership of equity participation, voting securities, or beneficial interests, by contract, by agreement or otherwise. \"Agreement\" shall mean this document, the annexed schedules, which are incorporated herein, together with any future written and executed amendments agreed to by the parties. \"Assigned Rights\" shall mean all rights and title in the Patent and all Intellectual Property Rights in the technology described in the Patent, in all countries. \"Improvements\" means innovations, inventions, ideas, designs, concepts, discoveries, techniques, works, processes, formulas, new derived material and modifications related to the Patent, whether or not patentable, copyrightable, or otherwise protectable as trade secrets or under any other intellectual property, conceived, brought to practice or developed by either Party after the date of this Agreement. \"Intellectual Property Rights\" includes all patents, trade marks, service marks, registered designs, integrated circuits topographies, including applications for any of the foregoing, and includes all copyrights, design rights, know-how, confidential information, trade secrets and any other similar rights in [COUNTRY] and in any other countries. \"Patent\" shall mean the patent described in recitals hereof and its counterpart applications in any country, now or thereafter owned by [YOUR COMPANY NAME] or to which [YOUR COMPANY NAME] otherwise acquires rights, including any patent application, divisional, continuation, provisional, reissue, re-examination, extension certificate, registration, renewal, confirmation and national phase entry application related to such Patent. ASSIGNMENT OF PATENT Subject to the terms and conditions contained in this Agreement, [YOUR COMPANY NAME] hereby irrevocably assigns to [COMPANY NAME] all rights and title and any other rights to the Patent as well as all Intellectual Property Rights in the technology described in the Patent, in all countries. The parties hereby recognize that any and all Intellectual Property Rights in any Improvements shall be held by [COMPANY NAME]. The parties hereby recognize that no Intellectual Property Rights are assigned, licensed or otherwise granted under this Agreement, save and except as explicitly stated in this Section 2. COMPENSATION In consideration of the Assigned Rights, [COMPANY NAME] agrees to pay [YOUR COMPANY NAME] the sum of [AMOUNT] (the \"Purchase Price\") payable upon the execution of this Agreement by all of the parties hereto. REPRESENTATIONS AND WARRANTIES The Guarantors represent and warrant on a joint and several basis to [COMPANY NAME] that: the Patent and [COMPANY NAME]'s use of the Patent does not, to the best knowledge of the Guarantors, infringe upon any patent, or any trademark, copyright, trade secret or other Intellectual Property Rights or proprietary right of any third party, and that there is currently no actual or threatened suit against [YOUR COMPANY NAME] by any third party based on an alleged violation of such right, and the Guarantors do not know of any basis for any such action; there are no outstanding assignments, grants, licenses, liens, encumbrances, obligations or agreements (whether written, oral or implied) regarding the Patent; [YOUR COMPANY NAME] has all rights, power and authority required in order to grant the Assigned Rights free and clear of all encumbrances or legal restrictions, in accordance with this Agreement; [YOUR COMPANY NAME] has good and marketable title to the Patent; there is no requirement for [YOUR COMPANY NAME] to obtain any other authorization, consent or approval from any third party as a condition to the enforceability of any provision of this Agreement or the lawful conclusion of the transactions contemplated by this Agreement; Notwithstanding any investigation conducted prior to the execution of this Agreement, and notwithstanding implied knowledge or notice of any fact or circumstance which [COMPANY NAME] may have as a result of such investigation or otherwise, [COMPANY NAME] shall be entitled to rely upon the representations and warranties set forth herein and the obligations of [YOUR COMPANY NAME] hereto with respect to such representations and warranties shall survive the termination of this Agreement for any reason. The Guarantors, on a joint and several basis, shall indemnify and hold [COMPANY NAME] harmless from all losses, liabilities, damages and expenses, including reasonable attorneys' fees and costs (collectively, \"Liabilities\"), that [COMPANY NAME] may suffer to the extent resulting from any claims, demands, actions or other proceedings made or instituted by any third party against [COMPANY NAME] and arising out of the use of the Patent, or related to the breach of any obligation or any representation and warranty under this Agreement, except for Liabilities arising out of the gross negligence or willful misconduct of [COMPANY NAME]. TERM AND TERMINATION This Agreement shall take effect upon the execution hereof by both parties hereto, and, unless sooner terminated as per paragraph 5.2 below, shall remain in effect until the expiration of the Patent. Upon any material breach or default under this Agreement by either Party, the other Party may give notice of such breach or default and, unless the same shall be cured within [NUMBER] days after delivery of such notice, then, without limitation of any other remedy available hereunder, such Party may terminate this Agreement immediately upon delivery of a notice of termination to the other Party at any time thereafter. The termination of this Agreement by either of the Parties shall be subject to all other rights and remedies available to the Parties hereunder or otherwise. NOTICE","Intellectual Property Assignment","7",80,"https://templates.business-in-a-box.com/imgs/1000px/intellectual-property-assignment-D5229.png","https://templates.business-in-a-box.com/imgs/250px/5229.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#5229.xml",{"title":6,"description":6},[128,129],{"label":32,"url":113},{"label":130,"url":131},"Transfer & Assignment Agreements","transfer-assignment-agreement","intellectual property assignment","/template/intellectual-property-assignment-D5229",{"description":135,"descriptionCustom":6,"label":136,"pages":137,"size":138,"extension":10,"preview":139,"thumb":140,"svgFrame":141,"seoMetadata":142,"parents":143,"keywords":147,"url":148},"CUSTOM SOFTWARE DEVELOPMENT AGREEMENT This Custom Software Development Agreement (the \"Agreement\") is made and effective [DATE], BETWEEN: [CUSTOMER NAME] (the \"Customer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [YOUR COMPANY NAME] (the \"Developer\"), a corporation organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] RECITALS WHEREAS Customer wishes to [DESCRIBE NEEDS TO BE ADDRESSED], and wants to hire Developer to develop these custom software packages, and; WHEREAS Developer desires to develop these custom software packages for Customer: NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto, intending, to be legally bound, agree as follows: Purpose of Agreement Customer desires to retain Developer as an independent contractor to develop the computer software (the \"Software\") described in the Functional Specifications contained in Exhibit A attached to and made part of this Agreement. Developer is ready, willing and able to undertake the development of the Software and agrees to do so under the terms and conditions set forth in this Agreement. Preparation of Development Plan Developer shall prepare a development plan (\"Development Plan\") for the Software, satisfying the requirements set forth in the Functional Specifications. The Development Plan shall include: Detailed Specifications for the Software; A listing of all items to be delivered to Customer under this Agreement (\"Deliverables\"); A delivery schedule containing a delivery date for each Deliverable; and A payment schedule setting forth the amount and time of Developer's compensation. ACCEPTANCE OF DEVELOPMENT PLAN Developer shall deliver the Development Plan to Customer by [DEVELOPMENT PLAN DEADLINE]. Customer shall have [NUMBER] days to review the Development Plan. Upon approval of the Development Plan by Customer, it will be marked as Exhibit B and will be deemed by both parties to have become a part of this Agreement and will be incorporated by reference. Developer shall then commence development of Software that will substantially conform to the requirements set forth in the Development Plan. If the Development Plan is in Customer's reasonable judgment unsatisfactory in any material respect, Customer shall prepare a detailed written description of the objections. Customer shall deliver such objections to Developer within [NUMBER] days of receipt of the Development Plan. Developer shall then have [NUMBER] days to modify the Development Plan to respond to Customer's objections. Customer shall have [NUMBER] days to review the modified Development Plan. If Customer deems the modified Development Plan to be unacceptable, Customer has the option of terminating this Agreement upon written notice to Developer or permitting Developer to modify the Development Plan again under the procedure outlined in this paragraph. If this Agreement is terminated, the obligations of both parties under it shall end except for Customer's obligation to pay Developer all sums due for preparing the Development Plan and the ongoing obligations of confidentiality set forth in the provision of this Agreement entitled \"Confidentiality.\" Payment for Development Plan If the Development Plan is not accepted by Customer and Customer terminates this Agreement, Developer shall be entitled to compensation on a time and materials basis at an hourly rate of [HOURLY RATE] plus expenses to the date of termination. Developer shall submit an invoice detailing its time and expenses preparing the Development Plan. If the invoice amount is less than the amounts paid to Developer prior to termination, Developer shall promptly return the excess to Customer. If the invoice amount exceeds the amounts paid to Developer prior to termination, Customer shall promptly pay Developer the difference. However, Developer's total compensation for preparing the Development Plan shall not exceed [AMOUNT]. Payment [TIME AND MATERIALS AGREEMENT] Developer shall be compensated at the rate of [RATE] per hour [OR \"day,\" \"week,\" \"month\"]. Payment will be made within [NUMBER OF DAYS] days of Developer's submission of an invoice for work completed. [OPTIONAL: \"Unless otherwise agreed upon in writing by Customer, Customer's maximum liability for all services performed during the term of this Agreement shall not exceed [MAXIMUM AMOUNT].\"] OR [FIXED PRICE AGREEMENT] The total contract price shall be set forth in the Development Plan. Customer shall pay the Developer the sum of [INITIAL AMOUNT] upon execution of this Agreement and the sum of [AMOUNT IF PLAN APPROVED] upon Customer's approval of the Development Plan. The remainder of the contract price shall be payable in installments according to the payment schedule to be included in the Development Plan. Each installment shall be payable upon completion of each project phase by Developer and acceptance by Customer in accordance with the provision of this Agreement entitled \"Acceptance Testing of Software.\" Payment of Developer's Costs Customer shall reimburse Developer for all out-of-pocket expenses incurred by Developer in performing services under this Agreement. Such expenses include, but are not limited, to: All communications charges Costs for providing conversion services for converting Customer's database Media costs Travel expenses other than normal commuting, including airfares, rental vehicles, and highway mileage in company or personal vehicles at [cents per mile] Other expenses resulting from the work performed under this Agreement. Developer shall submit an itemized statement of Developer's expenses. Customer shall pay Developer within [NUMBER] days from the date of each statement. Late Fees Late payments by Customer shall be subject to late penalty fees of [%] per month from the due date until the amount is paid. Materials Customer shall make available to Developer, at Customer's expense, the following materials, facilities and equipment: [LIST] These items will be provided to Customer by [DATE]. Changes in Project Scope If at any time following acceptance of the Development Plan by Customer, Customer should desire a change in Developer's performance under this Agreement that will alter or amend the Specifications or other elements of the Development Plan, Customer shall submit to Developer a written proposal specifying the desired changes. Developer will evaluate each such proposal at its standard rates and charges. Developer shall submit to Customer a written response to each such proposal within [NUMBER] working days following receipt thereof. Developer's written response shall include a statement of the availability of Developer's personnel and resources, as well as any impact the proposed changes will have on the contract price, delivery dates or warranty provisions of this Agreement. Changes to the Development Plan shall be evidenced by a \"Development Plan Modification Agreement.\" The Development Plan Modification Agreement shall amend the Development Plan appropriately to incorporate the desired changes and acknowledge any effect of such changes on the provisions of this Agreement. The Development Plan Modification Agreement shall be signed by authorized representatives of Customer and Developer, whereupon Developer shall commence performance in accordance with it. Should Developer not approve the Development Plan Modification Agreement as written, Developer will so notify Customer within [NUMBER] working days of Developer's receipt of the Development Plan Modification Agreement. Developer shall not be obligated to perform any services beyond those called for in the Development Plan prior to its approval of the Development Plan Modification Agreement.","Custom Software Development Agreement","16",116,"https://templates.business-in-a-box.com/imgs/1000px/custom-software-development-agreement-D787.png","https://templates.business-in-a-box.com/imgs/250px/787.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#787.xml",{"title":6,"description":6},[144,146],{"label":17,"url":145},"software-technology-business",{"label":17,"url":145},"custom software development agreement","/template/custom-software-development-agreement-D787",{"description":150,"descriptionCustom":6,"label":151,"pages":89,"size":105,"extension":10,"preview":152,"thumb":153,"svgFrame":154,"seoMetadata":155,"parents":157,"keywords":156,"url":160},"SERVICE AGREEMENT This SERVICE AGREEMENT (\"Agreement\") is effective [DATE], BETWEEN: [COMPANY NAME] (the \"Contractor\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [COMPANY NAME] (the \"Customer\"), a company organized and existing under the laws of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] (The Contractor and the Customer shall be individually referred to as a \"Party\" and collectively referred to as the \"Parties\", as the context may require). WHEREAS A. Contractor has experience and expertise in [DESCRIBE EXPERIENCE AND SERVICE]. B. Customer desires to have Contractor provide services for them. C. Contractor desires to provide services to Customer on the terms and conditions set forth herein (the \"Services\"). NOW THEREFORE, in consideration of the above recitals, the representations, warranties, and agreements contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which are now acknowledged, the Parties agree as follows: SERVICES PROVIDED Beginning on upon agreement to this contract, [CONTRACTOR] will provide to [CUSTOMER] the following service (collectively, the /Services\"): Description of the project: [DESCRIBE THE SERVICE REQUIRED]. SCOPE OF WORK Contractor agrees to provide Services pursuant to the Scope of Work set forth in Exhibit A attached hereto (the \"Scope of Work\"). TERM Unless both parties mutually agree on an extension, this contract will automatically terminate on [SPECIFY]. PERFORMANCE The parties agree to do everything possible to ensure that the terms of this Agreement take effect. PAYMENT FOR SERVICES In exchange for the Services rendered, a payment of [SPECIFY] will be made to the Contractor upon completion of the scheduled Services described in this Contract. If an invoice is not paid on the due date, interest will be added to the current balance. These amounts shall be payable, and the Customer shall pay all overdue amounts at the lesser of [SPECIFY] per cent per annum or the maximum percentage permitted by applicable law. Or Customer will pay Contractor as follows: [SPECIFY]. DELIVERY OF SERVICES The Contractor will exercise due diligence in the provision of services. However, the Customer acknowledges that the indicated delivery times and other payment milestones listed in Scope of Work are estimates and do not constitute final delivery dates. SECURITY The Contractor must make reasonable security arrangement to protect Material from unauthorized access, collection, use, alteration or disposal. OWNERSHIP RIGHT The Customer shall hold the copyright for the agreed version of the Services as delivered, and the Customer's copyright notice may be displayed in the final version. All works, ideas, discoveries, inventions, patents, products or other information that may be protected by copyright (collectively, the \"Work Product\" developed in whole or in part by the Contractor in connection with the Services, shall be the exclusive property of the Customer. Upon request, the Contractor shall execute all documents necessary to confirm or perfect the exclusive ownership of the Customer's \"Work Product\". The Contractor retains exclusive rights to pre-existing materials used in the Customer's projects. The Customer shall not have the right to reuse, resell or otherwise transfer material belonging to the contractor or third parties. The Contractor reserves the right to use the finished public product as an example of a product. RETURN OF PROPERTY Upon the expiry or termination of this Agreement, the Contractor will return to the Customer any property, documentation, records or Confidential Information which is the property of the Customer. COMPENSATION For all services rendered by the Contractor under this Agreement, the Customer shall indemnify the Contractor. In the event that the Customer fails to make any of the payments mentioned, the Contractor shall have the right, but shall not be obliged, to exercise any of the following remedies: ","Service Agreement","https://templates.business-in-a-box.com/imgs/1000px/service-agreement-D12711.png","https://templates.business-in-a-box.com/imgs/250px/12711.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#12711.xml",{"title":156,"description":6},"service agreement",[158,159],{"label":32,"url":113},{"label":32,"url":113},"/template/service-agreement-D12711",{"description":162,"descriptionCustom":6,"label":163,"pages":89,"size":105,"extension":10,"preview":164,"thumb":165,"svgFrame":166,"seoMetadata":167,"parents":169,"keywords":168,"url":174},"TECHNOLOGY LICENSING AGREEMENT This Technology License Agreement (the \"Agreement\") is effective [DATE], BETWEEN: [NAME OF LICENSOR], (the \"Licensor\"), an individual with their main address located at OR a Company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [COMPLETE ADDRESS] AND: [NAME OF LICENSEE], (the \"Licensee\"), an individual with their main address located at OR a Company organized and existing under the laws of the [State/Province] of [STATE/PROVINCE], with its head office located at: [YOUR COMPLETE ADDRESS] Collectively, the Licensor and Licensee shall be referred to as the \"Parties.\" WHEREAS, the Licensor is the owner of certain Technology, the details of which are further mentioned in the Agreement, and it deploys that Technology to manufacture Equipment; WHEREAS, the Licensee wishes to make use of the Equipment constructed and manufactured by the Licensor in lieu of certain considerations and thus intends to obtain a license of use of such Equipment of the Licensor, manufactured by it, by deploying the Technology created and owned by the Licensor; WHEREAS, the Licensor has agreed to grant the Licensee the License to use the Equipment owned, constructed and developed by the Licensor in lieu of certain considerations. WHEREAS, both the Parties wish to enter into a written contract in order to enlist the various terms and conditions of the Agreement. NOW, THEREFORE, the Parties agree as follows: DEFINITIONS The \"Technology\" means any and all proprietary processes, inventions, software, hardware, discoveries, technology, equipment, tools, drawings, designs, prototypes, plans, specifications, materials, trade secrets, know-how, standards, documentation, applications, methods, techniques, formulae, protocols, analyses, information and data in any form (whether or not patentable or copyrightable), and any and all other intellectual property or proprietary information, that presently exists or is developed prior to, on or after the date of execution of this Agreement relating in any way to the Licensor's technology. \"Equipment\" means the equipment that comprises of the hardware and software Technology invented by the Licensor as specified in Schedule 1, as amended from time to time by the written agreement of the Parties. \"Documentation\" means any documentation supplied to the Licensee by the Licensor from time to time during the continuation of this Agreement and which relates to the Licensed Technology. \"Intellectual Property Rights\" means the patents, trademarks, service marks, registered designs and applications for any of the foregoing, copyright, know-how confidential information, trade or business names, design rights and any other similar rights protected in any country. SCOPE The scope of the present Agreement is that the Licensor is the owner of certain Technology and the Licensee wishes to obtain a license to use this Technology by installation of the Equipment at the site of the Licensee. The Licensee shall pay an upfront fee and a monthly fee for the Equipment that shall be installed at the site of the Licensee deploying the Technology licensed by the Licensor. TERM The term of this Agreement will be [NUMBER OF YEARS] years as from the above date of the Agreement. GRANT OF LICENSE AND RIGHTS The Licensor grants to the Licensee a non-exclusive, nontransferable, non-sub licensable, personal license (\"License\"), limited right and license to use the Licensor's Technology and Equipment to [STATE PURPOSE] (hereinafter referred to as \"Purpose\"). The rights granted herein are assigned to the Licensee and the Licensee shall not assign its right to any third party. REPRESENTATION AND WARRANTIES OF LICENSEE The Licensee represents and warrants that it has full capacity to enter into and perform this Contract. The Licensee represents and warrants that it shall use the license and rights granted to it under Section 4 of the present Agreement only for the Purpose stipulated under the present Agreement. The Licensee shall keep the Equipment in proper condition and perform scheduled maintenance as instructed by the Licensor. The Licensee shall use the Equipment only in the manner as guided by the Licensor and shall maintain the Equipment in a workable manner. The Licensee shall pay timely payments of the fees as stated in Section 8 of the present Agreement. The Licensee shall bear the cost of maintenance of the Equipment or its parts post the expiration of the period of the warranty. REPRESENTATION AND WARRANTIES OF LICENSOR The Licensor warrants and represents that it is the rightful owner of the Intellectual Property Rights and has authority to grant the License as mentioned in Section 4 of the Agreement. The Licensor warrants and represents that it shall assist the Licensee in any claim that arises out of the use of the granted License and rights. The Licensor warrants that it shall assist the Licensee in operating the Equipment properly by making it acquainted with the operational systems and work flow. RELATIONSHIP It is understood by both the Parties that nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. PAYMENT ","Technology Licensing Agreement","https://templates.business-in-a-box.com/imgs/1000px/technology-licensing-agreement-D13434.png","https://templates.business-in-a-box.com/imgs/250px/13434.png","https://templates.business-in-a-box.com/svgs/docviewerWebApp1.html?v6#13434.xml",{"title":168,"description":6},"technology licensing agreement",[170,171],{"label":32,"url":113},{"label":172,"url":173},"License Agreements","license-agreement","/template/technology-licensing-agreement-D13434",false,{"seo":177,"reviewer":190,"legal_disclaimer":194,"quick_facts":195,"at_a_glance":197,"personas":201,"variants":226,"glossary":255,"clauses":292,"how_to_fill":343,"common_mistakes":384,"faqs":409,"industries":437,"comparisons":454,"diy_vs_lawyer":468,"jurisdictions":481,"related_template_ids_curated":502,"schema":514,"classification":515},{"meta_title":178,"meta_description":179,"primary_keyword":180,"secondary_keywords":181},"Multimedia Publisher Development Agreement Template | BIB","Free multimedia publisher development agreement template. Covers deliverables, IP ownership, royalties, approval rights, and termination.","multimedia publisher development agreement",[182,183,184,185,186,187,188,189],"multimedia development agreement template","publisher development contract","game development agreement template","multimedia content development contract","software development publishing agreement","developer publisher agreement template","multimedia licensing agreement template","interactive media development contract",{"name":191,"credential":192,"reviewed_date":193},"Bruno Goulet","CEO, Business in a Box","2026-05-02",true,{"difficulty":196,"legal_review_recommended":194,"signature_required":194,"notarization_required":175},"advanced",{"what_it_is":198,"when_you_need_it":199,"whats_inside":200},"A Development Agreement for a Multimedia Publisher is a legally binding contract between a publisher and a developer that governs the creation, delivery, financing, and commercial exploitation of a multimedia product — such as a video game, interactive application, digital film, or educational software. This free Word download covers scope, milestones, funding advances, IP ownership, royalty structure, approval rights, and termination in a single document you can edit online and export as PDF.\n","Use it when a publisher is funding or co-funding a developer to create original multimedia content for commercial release, or when a developer is entering a publishing relationship that involves an advance, milestone payments, or the transfer of distribution rights. It should be executed before any development work begins or any funds change hands.\n","Project scope and deliverables schedule, milestone payments and advance recoupment, intellectual property ownership and licensing terms, approval and quality-control rights, royalty calculation and reporting obligations, marketing commitments, representations and warranties, and termination with reversion rights.\n",[202,206,210,214,218,222],{"title":203,"use_case":204,"icon_asset_id":205},"Independent game studios","Securing publisher funding and defining IP ownership before development begins","persona-startup-founder",{"title":207,"use_case":208,"icon_asset_id":209},"Multimedia publishers","Formalizing milestone-based funding, approval rights, and distribution exclusivity","persona-small-business-owner",{"title":211,"use_case":212,"icon_asset_id":213},"Interactive media developers","Negotiating advance recoupment terms and royalty rates for a digital product","persona-contractor",{"title":215,"use_case":216,"icon_asset_id":217},"Educational content studios","Licensing e-learning courseware to a publisher while retaining underlying technology","persona-agency",{"title":219,"use_case":220,"icon_asset_id":221},"Animation and digital film producers","Defining delivery specifications, approval rounds, and revenue-share for a publisher deal","persona-freelancer",{"title":223,"use_case":224,"icon_asset_id":225},"Entertainment lawyers and business affairs executives","Using a structured template as the negotiating baseline for publisher-developer deals","persona-operations-director",[227,231,235,239,243,247,251],{"situation":228,"recommended_template":229,"slug":230},"Publisher funding full development of a video game","Development Agreement Multimedia Publisher (Full Funding)","development-agreements-multimedia-publisher-D5174",{"situation":232,"recommended_template":233,"slug":234},"Developer self-funding but granting distribution rights to a publisher","Distribution Agreement","distribution-agreement-D12544",{"situation":236,"recommended_template":237,"slug":238},"Publisher licensing existing IP to a developer for adaptation","IP License Agreement","ip-license-agreement-D13357",{"situation":240,"recommended_template":241,"slug":242},"Two studios co-developing a title with shared funding","Joint Development Agreement","joint-development-agreement-standard-D887",{"situation":244,"recommended_template":245,"slug":246},"Commissioning a freelancer to create multimedia assets","Work for Hire Agreement","team-work-agreement-D13888",{"situation":248,"recommended_template":249,"slug":250},"Publisher acquiring full ownership of a completed product","IP Assignment Agreement","ip-sale-agreement-D964",{"situation":252,"recommended_template":253,"slug":254},"Developer granting limited app-store publishing rights","Software Publishing Agreement","software-development-and-publishing-agreement-D802",[256,259,262,265,268,271,274,277,280,283,286,289],{"term":257,"definition":258},"Advance","A sum paid by the publisher to the developer before release, to be recouped from the developer's future royalty earnings before any net royalties are paid out.",{"term":260,"definition":261},"Recoupment","The process by which a publisher recoups an advance or other costs from the developer's royalty share before the developer receives net royalty payments.",{"term":263,"definition":264},"Milestone","A defined stage of development — such as alpha, beta, or gold master — tied to a specific payment and subject to publisher approval.",{"term":266,"definition":267},"Gold Master","The final approved build of a multimedia product that is ready for manufacturing, distribution, or digital release.",{"term":269,"definition":270},"Reversion Rights","A contractual provision that returns specified rights — such as publishing or distribution — to the developer if the publisher fails to meet its obligations.",{"term":272,"definition":273},"Net Revenue","Gross revenue from product sales minus defined allowable deductions such as platform fees, returns, taxes, and distribution costs, forming the royalty base.",{"term":275,"definition":276},"First-Party Rights","Rights retained by the developer — typically to the underlying engine, tools, or technology — that are carved out of the assignment to the publisher.",{"term":278,"definition":279},"Approval Right","The publisher's contractual authority to review and accept or reject a milestone deliverable against agreed specifications before releasing the next payment.",{"term":281,"definition":282},"Exclusivity Window","A defined period during which the publisher holds exclusive rights to distribute or sell the product, after which rights may become non-exclusive or revert.",{"term":284,"definition":285},"Derivative Works","Sequels, expansions, ports, or adaptations based on the original product, with the agreement specifying which party controls their development and commercialization.",{"term":287,"definition":288},"Royalty Rate","The percentage of net revenue paid to the developer after recoupment of the advance, typically expressed as a tiered scale tied to cumulative sales.",{"term":290,"definition":291},"Approval Cure Period","A defined number of days given to the developer to fix deficiencies in a rejected milestone deliverable before the publisher may trigger remedies or termination.",[293,298,303,308,313,318,323,328,333,338],{"name":294,"plain_english":295,"sample_language":296,"common_mistake":297},"Project scope and deliverables schedule","Defines exactly what will be built — platforms, features, content volume, and technical specifications — and attaches a schedule listing each deliverable with its due date.","Developer shall design, develop, and deliver the Product described in Schedule A ('Deliverables') for the [PLATFORM(S)] platform, in accordance with the Technical Specifications attached as Schedule B, by the dates set out in the Milestone Schedule in Schedule C.","Describing the deliverable in vague terms like 'a finished game' without attaching a technical specification. When milestone disputes arise, there is no objective standard against which to measure the submission.",{"name":299,"plain_english":300,"sample_language":301,"common_mistake":302},"Advance and milestone payment schedule","Sets out the total advance, the portion payable at each milestone, and the conditions that must be met before each payment is released.","Publisher shall pay Developer a non-refundable recoupable advance of $[TOTAL ADVANCE], payable in installments as follows: $[AMOUNT] on execution; $[AMOUNT] upon Publisher's written approval of the [MILESTONE NAME] deliverable; with the remaining balance payable upon Gold Master approval.","Failing to specify what 'approval' means at each milestone. If the contract does not define approval criteria or a deemed-approval timeline, publishers can withhold payments indefinitely by refusing to formally approve.",{"name":304,"plain_english":305,"sample_language":306,"common_mistake":307},"Intellectual property ownership","Specifies who owns the IP in the finished product, the game engine, tools, and any pre-existing technology the developer brings to the project.","Subject to full recoupment of the Advance, all right, title, and interest in the Product — including all copyrights, trademarks, and related IP — shall be owned by [PUBLISHER / DEVELOPER]. Developer retains ownership of its Pre-Existing Technology listed in Schedule D, and hereby grants Publisher a [exclusive / non-exclusive] license to use such technology solely as incorporated in the Product.","Assigning all IP to the publisher without carving out the developer's pre-existing engine or tools. Developers who sign away their core technology lose the ability to use it in future projects.",{"name":309,"plain_english":310,"sample_language":311,"common_mistake":312},"Royalty rate and recoupment mechanics","States the royalty percentage payable to the developer, the recoupment waterfall, and how net revenue is calculated after platform fees and allowable deductions.","Publisher shall pay Developer a royalty of [X]% of Net Revenue. 'Net Revenue' means gross receipts from Product sales less: (a) platform or distribution fees not to exceed [X]%; (b) returns and chargebacks; and (c) applicable taxes. Royalties shall not be payable until the Advance has been fully recouped from Developer's royalty share.","Leaving 'net revenue' undefined or allowing the publisher to deduct costs without a defined cap. Uncapped deductions — including marketing costs — can make the royalty base zero regardless of strong sales.",{"name":314,"plain_english":315,"sample_language":316,"common_mistake":317},"Approval rights and quality assurance","Gives the publisher the right to review and approve each milestone, sets a review period, requires written notice of rejection with reasons, and establishes a cure period.","Publisher shall have [30] days from receipt of each milestone deliverable to provide written approval or rejection. Rejection notices must specify each deficiency in reasonable detail. Developer shall have [21] days ('Cure Period') to remedy deficiencies and resubmit. If Publisher fails to respond within the review period, the deliverable shall be deemed approved.","No deemed-approval provision. Without one, a publisher that never responds in writing can hold the developer in limbo indefinitely, triggering payment disputes and schedule slippage.",{"name":319,"plain_english":320,"sample_language":321,"common_mistake":322},"Marketing and release obligations","Commits the publisher to a minimum marketing spend or effort and sets a release window, with consequences — including reversion — if the product is not released within the agreed timeframe.","Publisher shall use commercially reasonable efforts to market and release the Product by [RELEASE DATE]. Publisher shall commit a minimum marketing budget of $[AMOUNT]. If Publisher does not release the Product within [X] months following Gold Master approval, Developer may terminate this Agreement and all rights shall revert to Developer.","Accepting 'commercially reasonable efforts' without a minimum spend floor or a release deadline tied to reversion rights. Publishers have cancelled completed products with no contractual obligation to release or compensate.",{"name":324,"plain_english":325,"sample_language":326,"common_mistake":327},"Representations, warranties, and indemnification","Each party warrants that it has the authority to enter the agreement, that the product will not infringe third-party IP, and that each party indemnifies the other for breaches of its own warranties.","Developer represents and warrants that: (a) it has full authority to enter this Agreement; (b) the Product will be Developer's original work and will not infringe any third-party intellectual property rights; and (c) Developer has obtained all necessary licenses for any third-party content included in the Product. Developer shall indemnify Publisher against any claims arising from Developer's breach of these warranties.","Broad IP warranties without a right to cure or an IP indemnity cap. An uncapped IP indemnity exposes a small developer to liability far exceeding the value of the deal.",{"name":329,"plain_english":330,"sample_language":331,"common_mistake":332},"Termination and reversion of rights","Specifies the events that allow either party to terminate — missed milestones, insolvency, breach — and what happens to the IP and any completed work on termination.","Either party may terminate this Agreement on [30] days' written notice if the other party commits a material breach and fails to cure within the notice period. On termination by Publisher without cause, all rights in the Product shall revert to Developer, and Developer shall retain all Advance payments received to date. On termination by Publisher for Developer's uncured breach, Publisher shall retain all deliverables received.","No reversion clause on publisher termination without cause. Without it, a publisher that terminates for convenience retains the IP and the developer walks away with only sunk costs.",{"name":334,"plain_english":335,"sample_language":336,"common_mistake":337},"Confidentiality","Requires both parties to keep project details, financials, and technical information confidential during and for a defined period after the agreement.","Each party agrees to keep confidential all non-public information received from the other party ('Confidential Information') and not to disclose it to any third party without prior written consent. This obligation survives termination of this Agreement for a period of [3] years.","Applying confidentiality only to the developer. Publishers possess commercially sensitive information about release strategy, sales data, and royalty calculations that are equally worth protecting.",{"name":339,"plain_english":340,"sample_language":341,"common_mistake":342},"Governing law and dispute resolution","Specifies the jurisdiction whose law governs the contract and the mechanism — arbitration, mediation, or litigation — for resolving disputes.","This Agreement shall be governed by the laws of [STATE / PROVINCE / COUNTRY], without regard to conflict-of-law provisions. Any dispute arising out of this Agreement shall be resolved by binding arbitration administered by [AAA / JAMS / ICC] in [CITY], except that either party may seek injunctive relief in any court of competent jurisdiction.","Choosing governing law based on the publisher's home state without considering where the developer operates. Developers in other states or countries may face prohibitive costs enforcing their rights in a distant forum.",[344,349,354,359,364,369,374,379],{"step":345,"title":346,"description":347,"tip":348},1,"Identify both parties with full legal entity names","Enter the registered legal name, jurisdiction of formation, and principal address for both the publisher and the developer. Avoid using trade names or brand names in the contract header.","Verify the developer's entity type — a sole proprietor has different liability implications than an LLC or corporation, and this affects indemnification exposure.",{"step":350,"title":351,"description":352,"tip":353},2,"Attach a detailed scope and technical specification in Schedule A","Define the product in measurable terms: platform(s), resolution, content volume, feature list, supported languages, and accessibility requirements. Reference a separate Technical Specification document if one exists.","The more specific Schedule A is, the easier milestone disputes are to resolve. A vague scope almost always favors whichever party has more leverage at the time of the dispute.",{"step":355,"title":356,"description":357,"tip":358},3,"Build the milestone schedule with approval criteria","List every milestone — concept approval, vertical slice, alpha, beta, gold master — with its due date, payment amount, and the specific criteria the deliverable must meet to be approved.","Include an automatic deemed-approval period (typically 21–30 days) so that publisher inaction cannot indefinitely delay payment.",{"step":360,"title":361,"description":362,"tip":363},4,"Negotiate and document the advance and recoupment structure","Enter the total advance, the installment tied to each milestone, and the exact recoupment formula specifying which costs are recoupable and in what order. Confirm whether the advance is refundable if the developer fails to deliver.","Developers should resist recoupment of publisher marketing costs from their royalty share — this is standard publisher practice but can eliminate royalties even on commercially successful titles.",{"step":365,"title":366,"description":367,"tip":368},5,"Define net revenue and the royalty rate","List every permitted deduction from gross revenue to arrive at the net royalty base, including a percentage cap on platform fees. Set the royalty rate and any tiered escalator tied to cumulative units or revenue.","A tiered royalty that increases above a sales threshold — e.g., 15% to 500K units, 20% thereafter — rewards breakout success and is worth negotiating even if the base rate is lower.",{"step":370,"title":371,"description":372,"tip":373},6,"Specify IP ownership and carve out pre-existing technology","Decide whether the publisher or developer owns the product IP on completion, and attach a Schedule D listing any pre-existing developer technology excluded from the assignment. Include a license back to the developer if the publisher owns the IP.","Developers who own proprietary engines or tools should always carve them out explicitly — a catch-all assignment clause will otherwise transfer ownership of technology built years before the deal.",{"step":375,"title":376,"description":377,"tip":378},7,"Set termination triggers and reversion rights","List the events that allow each party to terminate — missed milestones, payment failures, insolvency, change of control — and specify exactly what happens to the deliverables and IP under each termination scenario.","A reversion right on publisher termination without cause is the single most valuable clause a developer can negotiate. Without it, a publisher can shelve the product and retain the IP indefinitely.",{"step":380,"title":381,"description":382,"tip":383},8,"Execute before development work begins","Both parties must sign before any development activity or advance payment occurs. Post-commencement signatures create ambiguity about whether pre-contract work is covered by the IP assignment and milestone schedule.","Use a countersignature structure — publisher signs first and returns to developer — to preserve a clear record of offer and acceptance.",[385,389,393,397,401,405],{"mistake":386,"why_it_matters":387,"fix":388},"No deemed-approval provision for milestones","A publisher that never formally approves a milestone submission can withhold payment indefinitely while the developer continues working, draining resources without compensation.","Insert a deemed-approval clause stating that silence for 21–30 days constitutes acceptance. Pair it with a specific rejection format requiring written notice with itemized deficiencies.",{"mistake":390,"why_it_matters":391,"fix":392},"Undefined net revenue deductions","If the contract allows the publisher to deduct 'costs' without a defined list or cap, real-world royalty statements can show zero net revenue even when gross sales are strong — a practice sometimes called 'Hollywood accounting.'","Define every permitted deduction by category and percentage cap. Platform fees should be capped at actual rates; marketing costs should be excluded from the recoupment base entirely or limited to a specific dollar amount.",{"mistake":394,"why_it_matters":395,"fix":396},"Assigning pre-existing developer technology to the publisher","A catch-all IP assignment clause transfers ownership of the developer's engine, tools, and libraries — assets built before the deal and essential to the developer's future projects.","Attach a Schedule D listing all pre-existing technology and carve it out of the assignment. Grant the publisher a limited license to use it as embedded in the delivered product only.",{"mistake":398,"why_it_matters":399,"fix":400},"No reversion right on publisher termination without cause","Without a reversion clause, a publisher that cancels the project for business reasons retains the IP, leaving the developer with only the advance received to date and no rights to commercialize years of work.","Include an explicit reversion clause: on termination by the publisher without cause, all product IP reverts to the developer, and the developer retains all milestone payments already received.",{"mistake":402,"why_it_matters":403,"fix":404},"Vague marketing obligations","A publisher that commits only to 'commercially reasonable efforts' with no minimum spend or release deadline faces no contractual consequence for shelving the product after gold master delivery.","Require a minimum marketing commitment in dollars, a specific release window, and a reversion trigger if the product is not released within a defined period after gold master approval.",{"mistake":406,"why_it_matters":407,"fix":408},"Uncapped IP indemnity from the developer","An uncapped indemnity for IP infringement claims can expose a small developer to liability far exceeding the total contract value, making the deal economically irrational to sign.","Cap the developer's IP indemnity at the total advance received, and carve out infringement claims arising from publisher-directed changes or third-party assets provided by the publisher.",[410,413,416,419,422,425,428,431,434],{"question":411,"answer":412},"What is a multimedia publisher development agreement?","A multimedia publisher development agreement is a legally binding contract between a publisher and a developer that governs the creation, funding, and commercial exploitation of a multimedia product — typically a video game, interactive application, digital film, or educational software. It sets out who owns the IP, how the advance is structured and recouped, what milestones trigger payments, and what happens if either party terminates. It is the foundational document for any publisher-funded development relationship.\n",{"question":414,"answer":415},"Who signs a multimedia publisher development agreement?","The publisher — the company funding and distributing the product — and the developer — the studio or individual creating it — are the two contracting parties. Both should sign as legal entities rather than individuals wherever possible to limit personal liability. In co-development arrangements, multiple developer entities may be party to the same agreement or to separate agreements with the publisher.\n",{"question":417,"answer":418},"What is an advance in a publisher development agreement?","An advance is a sum paid by the publisher to the developer before release to fund development costs. It is typically recoupable — meaning the publisher recovers it from the developer's future royalty earnings before any net royalties are paid out. Advances are usually non-refundable unless the developer fails to deliver the agreed product. The advance amount and recoupment structure are among the most heavily negotiated terms in any publisher deal.\n",{"question":420,"answer":421},"Does the developer or publisher own the IP in a development agreement?","IP ownership depends entirely on what the parties negotiate. Publishers typically seek full ownership of the product IP in exchange for funding development. Developers may retain ownership and grant an exclusive license, or they may assign ownership but retain their underlying engine and tools. There is no universal default — the contract must state the arrangement explicitly, including what happens to IP on termination.\n",{"question":423,"answer":424},"What are reversion rights and why do developers need them?","Reversion rights are contractual provisions that return specified rights — such as publishing, distribution, or full IP ownership — to the developer when the publisher fails to meet defined obligations. Common reversion triggers include failure to release the product within a specified window after gold master delivery, publisher termination without cause, and publisher insolvency. Without reversion rights, a developer can lose years of work to a publisher that simply decides not to release the product.\n",{"question":426,"answer":427},"How are royalties calculated under a multimedia development agreement?","Royalties are typically calculated as a percentage of net revenue — gross sales proceeds minus defined allowable deductions such as platform fees, returns, and taxes. Common rates range from 10% to 35% depending on the advance size, IP ownership structure, and the developer's negotiating position. Tiered royalties that increase above cumulative sales thresholds are common. Royalties are not payable until the full advance has been recouped from the developer's share.\n",{"question":429,"answer":430},"What happens if the developer misses a milestone deadline?","Most agreements include a cure period — typically 21 to 45 days — during which the developer can remedy a missed or rejected milestone before the publisher may trigger remedies. Remedies for uncured milestone failure can include withholding the next payment, terminating the agreement, and retaining all deliverables received. Some agreements also include financial penalties for delay. The specific consequences depend on whether the failure is classified as a material breach.\n",{"question":432,"answer":433},"Do I need a lawyer to negotiate a publisher development agreement?","For any deal involving a meaningful advance, IP assignment, or long-term exclusivity, engaging an entertainment or IP lawyer is strongly recommended. Publisher standard-form agreements are drafted to protect the publisher, and developers who sign without review routinely give up reversion rights, accept uncapped deductions, and assign pre-existing technology they did not intend to transfer. A template provides a fair starting baseline, but a one-to-two hour legal review can identify and fix clauses that could cost far more than the legal fee.\n",{"question":435,"answer":436},"What is the difference between a development agreement and a distribution agreement?","A development agreement governs the creation of a product that does not yet exist — including funding, milestones, IP ownership, and quality approval. A distribution agreement governs the commercial exploitation of a product that already exists — covering sales channels, revenue share, territory, and term. A developer who self-funds a project needs only a distribution agreement; a developer receiving publisher funding needs a development agreement, which often incorporates distribution rights as well.\n",[438,442,446,450],{"industry":439,"icon_asset_id":440,"specifics":441},"Video games","industry-saas","Milestone-based funding tied to vertical slice, alpha, beta, and gold master; platform certification requirements; engine IP carve-outs; tiered royalties above sales thresholds.",{"industry":443,"icon_asset_id":444,"specifics":445},"E-learning and educational technology","industry-professional-services","Content accuracy warranties, accessibility compliance obligations (WCAG 2.1), LMS integration deliverables, and content update obligations post-release.",{"industry":447,"icon_asset_id":448,"specifics":449},"Animation and digital film","industry-marketing","Delivery format specifications (DCP, ProRes, DCP-HDR), approval rounds tied to animatic and final cut, festival hold-back periods, and streaming exclusivity windows.",{"industry":451,"icon_asset_id":452,"specifics":453},"Interactive media and XR","industry-retail","Hardware platform dependencies (VR/AR headset requirements), SDK version lock-in provisions, motion sickness compliance testing, and update and patch obligations post-launch.",[455,459,462,465],{"vs":456,"vs_template_id":457,"summary":458},"Software Development Agreement","D{SOFTWARE_DEV_AGREEMENT_ID}","A software development agreement governs custom software built to a client's specification, with the client typically owning the deliverables outright. A multimedia publisher development agreement is bilateral — the publisher funds the developer, but both parties have ongoing rights and obligations including royalty payments, marketing commitments, and reversion clauses. The publisher-developer relationship is more like a financing and licensing deal than a client-vendor engagement.",{"vs":237,"vs_template_id":460,"summary":461},"D{IP_LICENSE_ID}","An IP license agreement grants usage rights in existing IP without funding the creation of new work. A development agreement governs the funded creation of an entirely new product and typically includes IP assignment or an exclusive license as one component of a broader commercial arrangement covering milestones, advances, royalties, and approval rights.",{"vs":233,"vs_template_id":463,"summary":464},"D{DISTRIBUTION_AGREEMENT_ID}","A distribution agreement covers the commercialization of a product that already exists — territory, channels, revenue split, and term. A development agreement begins earlier in the lifecycle, funding creation of the product and addressing IP ownership before any distribution occurs. Publisher deals often combine both, but they serve distinct functions and the development terms should be clearly separated from the distribution terms.",{"vs":245,"vs_template_id":466,"summary":467},"D{WORK_FOR_HIRE_ID}","A work for hire agreement engages a contractor to create content owned entirely by the commissioning party from the moment of creation. A publisher development agreement is not a work-for-hire arrangement — the developer typically retains some rights (pre-existing technology, reversion on termination) and receives a royalty rather than a flat fee. Treating a development deal as a simple work for hire ignores the ongoing commercial relationship and leaves critical royalty and reversion terms unaddressed.",{"use_template":469,"template_plus_review":473,"custom_drafted":477},{"best_for":470,"cost":471,"time":472},"Small developers and publishers negotiating straightforward domestic deals with advances under $50K and no complex IP structures","Free","1–2 hours to complete",{"best_for":474,"cost":475,"time":476},"Deals involving advances of $50K–$500K, IP assignment, platform exclusivity, or cross-border parties","$500–$1,500 for a one-to-two hour entertainment lawyer review","3–5 business days",{"best_for":478,"cost":479,"time":480},"Major publisher deals, advances exceeding $500K, multi-platform multi-territory exclusivity, or franchise IP development","$3,000–$10,000+ for a fully negotiated entertainment law firm engagement","2–6 weeks",[482,487,492,497],{"code":483,"name":484,"flag_asset_id":485,"note":486},"us","United States","flag-us","Copyright in works created under a development agreement is governed by the US Copyright Act. Work-for-hire doctrine applies only if the developer is an employee or the parties have a written work-for-hire agreement — an oral arrangement will not transfer copyright. Non-compete clauses are enforceable in most states but banned in California, which is significant given the concentration of game developers in Los Angeles and the Bay Area. Arbitration clauses are broadly enforceable under the Federal Arbitration Act.",{"code":488,"name":489,"flag_asset_id":490,"note":491},"ca","Canada","flag-ca","Copyright in Canada is governed by the Copyright Act and vests initially in the author — meaning the developer — unless the work is created in the course of employment. Moral rights cannot be assigned but can be waived in writing; publishers should include a moral rights waiver in any IP assignment clause. Quebec requires contracts to be available in French for provincially regulated businesses. Federal and provincial tax credit programs for interactive digital media (e.g., OMDC, CMF) may impose additional IP and Canadian-content requirements.",{"code":493,"name":494,"flag_asset_id":495,"note":496},"uk","United Kingdom","flag-uk","Copyright in the UK under the Copyright, Designs and Patents Act 1988 vests in the employer when a work is created by an employee in the course of employment, but not when created by an independent contractor — making an explicit assignment clause essential for publisher deals. Moral rights exist in the UK but may be waived. Post-Brexit, UK developers and publishers should confirm whether EU distribution rights need to be addressed separately. BAFTA and BFI certification requirements may affect qualifying interactive media projects.",{"code":498,"name":499,"flag_asset_id":500,"note":501},"eu","European Union","flag-eu","The EU Copyright Directive and the 2019 Directive on Copyright in the Digital Single Market impose author-protective provisions across member states, including a right to fair remuneration that may limit a developer's ability to waive royalty rights entirely. GDPR applies to any user data collected through the multimedia product and should be addressed in the product's data compliance framework, not the development agreement itself. Non-compete clauses in EU member states typically require financial compensation to be enforceable and are scrutinized under national competition law.",[503,504,505,506,507,508,509,510,246,511,512,513],"independent-contractor-agreement-D160","non-disclosure-agreement-nda-D12692","intellectual-property-assignment-D5229","custom-software-development-agreement-D787","service-agreement-D12711","technology-licensing-agreement-D13434","joint-venture-agreement-D889","distribution-agreement-D13222","revenue-sharing-agreement-D13477","letter-of-intent_acquisition-of-business-D5197","general-non-compete-agreement-D882",{"emit_how_to":194,"emit_defined_term":194},{"primary_folder":113,"secondary_folder":516,"document_type":517,"industry":518,"business_stage":519,"tags":520,"confidence":526},"development-agreements","agreement","media","all-stages",[521,522,523,524,525],"intellectual-property","royalty","development-agreement","multimedia","publisher",0.92,"\u003Ch2>What is a Development Agreement for a Multimedia Publisher?\u003C/h2>\n\u003Cp>A \u003Cstrong>Development Agreement for a Multimedia Publisher\u003C/strong> is a legally binding contract between a publisher and a developer that governs the funded creation, approval, and commercial exploitation of a multimedia product — typically a video game, interactive application, educational software, or digital film. It sets out the full terms under which the publisher finances development through milestone-based advance payments, specifies who owns the resulting intellectual property, defines the royalty structure and recoupment mechanics, and allocates the rights and risks of each party throughout the project lifecycle and beyond release. Unlike a simple services agreement, this document creates an ongoing commercial relationship between two parties with shared financial stakes in the product's commercial performance.\u003C/p>\n\u003Ch2>Why You Need This Document\u003C/h2>\n\u003Cp>Without a signed development agreement in place before work begins, both publisher and developer are exposed to serious legal and commercial risk. Developers who proceed on a handshake or a term sheet have no enforceable right to milestone payments, no guaranteed reversion if the publisher cancels, and no protection against a catch-all IP assignment that strips them of their pre-existing technology. Publishers who rely on informal arrangements have no approval rights, no recourse for missed milestones, and no clear basis for recouping an advance if the developer fails to deliver. When a product is cancelled, delayed, or commercially disappointing — as many are — the development agreement is the document that determines who walks away with the IP, who absorbs the sunk costs, and whether years of creative work can ever reach an audience. This template provides a balanced, negotiation-ready starting point that reflects how publisher-developer deals are structured in practice, reducing drafting time and ensuring neither party signs away rights they did not intend to give up.\u003C/p>\n",1778696355825]