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BASIC COMMISSION AGREEMENT
(This is a sample agreement, fees/commission and key info will be worked
out on a deal by deal basis)
This
agreement is entered into by and between _________________ ( you).
hereinafter referred to as “producer” and Agency, hereinafter referred to as
“HollywoodDistributors.com (HD)”.
For and in
consideration of the mutual promises contained herein, the Producer and HD
do hereby covenant, contract and agree to as follows:
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AGENCY:
Subject to the terms of this agreement, Producer does hereby appoint HD as
its producers representative/sales agent for the following purposes:
a)
To help sell
Producer’s feature film, TV show, Animation or project.
“HollywoodDistributors.com” exclusively in the USA and exclusively in all
other worldwide territories.
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DUTIES:
The following shall perform the following duties in reference to this
agreement:
a)
HD shall act to
provide sales leads to the Producer, and may but is not obliged to
participate in negotiations with all approvals coming through the client.
HD cannot act as legal representation but can act as advisor with no threat
of suit from client.
b)
Producer may
handle and/or co-handle the actual sales and sales leads. Producer has the
responsibility to consult an entertainment attorney if so they choose to
amend or approve any sales/contracts with other parties. All sales, offers
or an communications must be handled with notification to HD.
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COMMISSION:
Producer shall pay unto HD for its services 5% to 15% on total sales from the
licensee or the sale of the company that are generated by HD or its
referrals and or associates. All sales for “_______________________.” are
bound to this commission from term listed below.
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EXPENSES:
Producer shall provide video reels or DVD (including trailers and
screeners) to be sent from their local offices, or supply HD with reels.
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TERM:
This agreement shall be for a period of ___________ days from the date of
__________________ signature. Should any leads initiated by HD within the
term close after agreement ends, _____________________ is still subject to
the commissions and bound by the terms of this agreement for 12 months. If
after the exclusion expiration ends and HD generates other interest for
_____________, then the percentage will remain the same as above, but will
not be the exclusive agent.
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RENEWAL:
This agreement of exclusivity is for ________ months and shall be renewed
by addendum only in writing and signed by both parties.
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MODIFICATION:
This agreement shall not be modified except by amendment reduced to
writing and signed by both Producer and HD.
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ENTIRE AGREEMENT:
This agreement constitutes the entire agreement between the parties hereto
and replaces and supersedes all prior agreements.
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GOVERNING LAW:
This agreement shall be construed in accordance with the laws of the State
of California, United States of America.
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PARTIAL INVALIDITY:
In the event any provision hereof shall be for any reason illegal or
unenforceable, the same shall not affect the validity of enforceability of
the remaining provisions.
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Arbitration:
Any dispute under this Agreement will be resolved
by final and binding arbitration under the Rules For International
Arbitration of Broadcasting & Cable association or a qualified
association in effect when the arbitration is filed
(“Broadcasting & Cable Rules"). Each Party
waives any right to adjudicate any dispute in any other court or forum,
except that a Party may seek interim relief before the start of
arbitration as allowed by the Broadcasting & Cable association
Rules. The arbitration will be held in Los Angeles,
CA. The Parties will abide by any decision in the arbitration and any
court having jurisdiction may enforce it. The Parties submit to the
jurisdiction of the courts in the Forum to compel arbitration or to
confirm an arbitration award. The Parties agree to accept service of
process in accordance with the Broadcasting & Cable association
Rules.
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FURTHER DOCUMENTATION:
The parties further agree that if any other provisions or agreements are
necessary to enforce the intent of this document, that both parties will
execute same upon request.
This
agreement entered into this the ___ day of _____________ 2012.
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X______________________
_________________________ (you) |
Witness
X_________________________ |
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HollywoodDistributors.com
X_____________________
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Witness
X_________________________ |
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