COMMISSION AGREEMENT / DISTRIBUTION
AGREEMENT
This agreement is entered into by and between (Your company), hereinafter referred to as “Filmmaker” and Agency, hereinafter referred
to as “Distributor or Agent”.
For and in consideration of the mutual promises contained
herein, the Filmmaker and Distributor/Agent do herby covenant, contract and agree to as
follows:
- AGENCY: Subject to the terms of this agreement,
Filmmaker does herby appoint Distributor/Agent as its producers
representative/sales agent for the following purposes:
a)
To help sell Filmmaker’s feature film, “Your Company” non-exclusively in
(country) and exclusively in all other worldwide territories.
- DUTIES: The following shall perform the
following duties in reference to this agreement:
a)
Distributor/Agent shall act to provide sales leads to the Filmmaker,
and may but is not obliged to participate in negotiations with all approvals
coming through the client. Distributor/Agent
cannot act as legal representation but can act as advisor with no threat of
suit from client.
b)
Filmmaker may handle and/or co-handle the actual sales and
sales leads. Filmmaker has the responsibility to consult an entertainment
attorney if so they choose to amend or approve any sales/contracts with other
parties. All sales must be handled
with notification to Distributor/Agent.
- COMMISSION: Filmmaker shall pay unto Distributor/Agent
for
his services 15% on total sales from the licensee. All sales for “Your Company” are bound to this commission from term listed below.
- EXPENSES: Filmmaker shall provide video reels
(including trailers and screeners) to be sent from their local offices, or
supply Distributor/Agent with reels and reimburse for shipping expenses.
- TERM: This agreement shall extent for a
period of one and a half year from the date of Distributor/Agent submission and in
the interim period from the date hereof.
Should any leads initiated within the term close after it ends,
they are still subject to the commissions and bound by the terms of this
agreement.
- RENEWAL: This agreement shall be automatically
renewed in one (1) year increments unless either party gives sixty (60)
days written notice to the other prior to the expiration of any one (1)
year contract period of the intent not to renew.
- MODIFICATION: This agreement shall not be modified
except by amendment reduced to writing and signed by both Filmmaker and Distributor/Agent.
- ENTIRE
AGREEMENT: This agreement
constitutes the entire agreement between the parties hereto and replaces
and supercedes all prior agreements between the parties relating to this
same subject matter.
- GOVERNING
LAW: This agreement shall be
construed in accordance with the laws of the State of Distributor/Agent
place of business, United
States of America.
- 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.
- ATTORNEY
FEES: In the event that the
agreements become subject to litigation between the parties hereto, the
parties agree that the prevailing party shall be entitled to an award of
attorney’s fees, costs and the prevailing statutory interest from the
other party.
- INDEPENDENT
COUNSEL: The parties hereto
further represent that they have had the opportunity to obtain independent
legal counsel before entering this agreement.
- 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 December
2004.
Your Film or Company name
Address
State or Country
Phone numbers
X____________________________ (signature)
Your name under signature
Distributor/Agent
Address
USA or Country
X____________________________ Distributor/Agent (signature)
Name of Distributor/Agent below signature
This is only an example and is not
intended for legal information.
For more information see www.HollywoodDistributors.com
