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Agreement Of Syndication Of Comic Strip Feature
THIS SYNDICATION AGREEMENT is made and effective this [Date], by and between [Name] (hereinafter referred to as the "Syndicate"), a company organised, and existing under the laws of the State of [State], with its principle place f business located at [Address], and [Name], (hereinafter referred to as the "Writer"), an individual with his or her principle place of residence located at [Address], do hereby agree to the following:
WHEREAS, this agreement provides for a complete and comphrehensive agreement between a comic strip feature writer and a syndicate, including merchandising and other forthcomming issues.
Bacjground. The Writer authors a (name of comic-strip feature) a comic strip on a (Enumerate) basis (hereinafter referred to as the "feature.") This feature is presently published by (name of publication). The Writer desires for the Syndicate to market this feature. The Syndicate is agreeable to market on a "Standard Industry Basis". However, the Syndicate cannot guarantee any level of acceptance or specific levels of income.
Services. The Syndicate shall use its best efforts to place the features with associated newspapers and magazines in the following territory: (state assigned and/or areas of mutual agreement), and shall pay all expenses of delivery of the feature to subsubscribers.
Division of Income. The Writer shall receive as compensation for the provision of the features, (--%) of the gross income received from syndication rights.
Trademarks & Tradenames. The Writer appoints the Syndicate as its attorney in fact with power to:
(a) obtain copyright on the feature and its individual issues.
(b) register trademarks and tradenames and obtain such other protections as may be desirable, at the Syndicate's expense.
The Writer agrees to execute additional documents as reasonably requested by the Syndicate. The Writer herewith appoints the Syndicate as its attorney in fact for the purpose of bringing claims or litigation to readdress any infringements of the intellectual property rights of the Writer and the Syndicate, at the initial expense of the Syndicate.
The Writer shall have the right to approve any settlement of such claims. In the event that the Writer refuses to accept a proposed settlement, all expenses related to the claim shall be paid and advanced by the Writer. In the event of any recovery, the recovery shall be divided as follows:
(a) First, to the expenses, including counsel fees, incurred in the recovery;
(b) Second, equally to the the Writer and the Syndicate. Provided however, that the Syndicate may not place the features within the following areas: (state specific areas). The Syndicate shall have the exclusive right to license use of trademarks and tradenames for merchandise, including but not limited to clothing, toys and other useful articles.
The Writer shall be provided with a sample of the products to be licensed, and shall have the right to review products prior to licensing. The Writer's review shall be limited to artistic quality. The gross income received from the licenses shall be divided as follows:
EQUAL 50/50 PERCENT DISTRIBUTION
Term. This agreement shall commence on the day first above written, and shall terminate on the [Date], except that if the total payments to the Writer exceed (amount of dollars) within the first (--) months of the agreement, the agreement shall continue for an additional period of (--) months. The Syndicate shall have the option to pay this minimum itself should the earned revenue not reach this level.
Attribution. In performing its services, The Syndicate shall require all republishers of the features to attribute the work to the Writer by name: (specify). The Writer shall deliver (--) features per week via the following methods: (state methods; facsimile machine, overnight express mail, etc). The Writer will deliver the feature on the following schedule: week-days/evenings at (--) AM/PM. In the event that the Writer fails to deliver the features as promised, the Syndicate shall have the following options:
(a) re-run earlier features;
(b) omit delivery and give the subscribing entities a refund.
If however, the Writer becomes ill, disabled or otherwise fails to deliver features for a continuing period of (--) deliveries, or over (--) total missed deliveries per (--) month period, the Syndicate shall have the right to terminate this agreement, or, alternatively may in its sole discretion may hire others to complete the feature, and charge the account of the Writer for the fees, provided that the total charges may not exceed the total earnings of the Writer.
Republication of Book. The Syndicate shall have the exclusive right to republish the features which are prepared during the life of this contract throughout (state local and/or areas of worldwide distribution). The income from the same shall be divided as follows: (state).
Payment System. Any and all sums due herein to the Writer shall be paid every (week/month), together with a sworn accounting by a responsible officer of the Syndicate.
Audit. The Writer shall have the right to audit the books and records related to the syndication at all reasonable times and intervals to verify the accuracy of accountings herein of the Syndicate.
Entire Agreement. This agreement, in its entirety, contains the full understanding of the parties. It may not be changed orally but only by an instrument in writing signed by the party against whom enforcement of any change, extension, modification, waiver or discharge is sought.
IN WITNESS WHEREOF, the parties have executed this agreement the day and year as first above written at (City), (State).
This Section for Notary:
STATE OF -------)
) ss: [date]
COUNTY OF ------)
On [Date] before me, [Name of Notary], notary, personally appeared [Name of Person(s) Involved], personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
Witness my hand and official seal.
[Name of Notary Public]
My commission expires: [date]