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Creator Agreement

for Work / Derived Work on daCunha’s Website
  1. You will have received a personalised copy of this Creator Agreement: Website via email.
  2. Completing the sign up process on this page acts as your digital signature on your personalised copy of the Creator Agreement: Website.
  3. Please also complete the Creator Profile form at the end of the process. This will allow us to promote you and your work.

This agreement is about your work, and we want you to feel comfortable with the agreement you are entering. While we can’t say the following summary legally replaces the Creator Agreement: Website (below), what follows is a ‘plain English’ summary to help you interpret it as a layperson.

  1. This agreement sets out our use of your work on our subscription website. You’re saying we can also use it other places online and off where we aren’t charging people to access it. These instances will typically be for the promotion of our subscription product. And, since we’re charging people to see your work, please don’t publish, perform and/or otherwise share it elsewhere while it’s on our website.
  2. You’re happy for us to reimagine your work in audio or visual (pictures: moving or otherwise) form. We will maintain these derived works on the website and give you a clean copy to do with as you wish. While you can remove your original work at anytime, we get to keep any derived work(s) on our website–but you’ll still receive any payments on the derived work.
  3. If we want to use your work outside the website, let’s say… for an event that we’re charging people to attend, we’ll ask you first and send you a separate agreement, so you can share in the profits of that event. Same goes for our books and other artefacts (products).
  4. You keep your rights to your work. We aren’t taking those; you’re just agreeing to let us use your work on our website and as a way to promote the website. Promotion is likely to be on our podcast, on social media, and in live talks to groups of hungry minds.
  5. You’ll get a slice of the profit. Your slice is determined by how many people are subscribing to the website. So please, tell people to sign up!
  6. We will always be splitting the profit 50/50 with our Creators (you’re a Creator). Oh, and Profit is the money left over after we pay the hosting fees and any other people outside daCunha to keep the website running and to make people aware that it exists! The more subscribers we have, the more money your work attracts.
  7. No significant changes will be made to your work without your participation and approval; copyediting will be made at the discretion of our team. Your words are important and we’re letting you know we get that.
  8. We need to promote the website so we can make, ya know, some money for you. We build you a Creator Profile web page, tell people about you and your work, and generally make more people aware of your awesomeness.
  9. On top of your slice of the profits, we’ll give you free access to the website so you can enjoy the remarkable work of other creators. You’ll also get a 10% discount on all purchases made at our store—sorry, can’t combine this with any other discounts.
  10. You’re confirming you have all the rights to your work. If you don’t, we’ll be sending any complaints about this issue your way. We won’t be liable because we can’t administer a lie detector test.
  11. Finally, you’re agreeing to us calling you by the name you want.
  12. Oh, wait. If you sign this and down the road you think we violated the spirit of it, which we don’t plan on doing, you’ll have to take it up with us in the Courts of England. Or you could just give us a ring to sort it out. We don’t bite.

It’s really that simple! Unfortunately, a legion of lawyers are lurking in the dark corners of the world, so we’ve been advised to show you another copy of the document we sent you prior via email.


CREATOR AGREEMENT: WEBSITE

This CREATOR AGREEMENT (the “Agreement”) is made between daCunha Global, Ltd (the “Publisher”), and ___________ (the “Creator”) concerning the work titled “____________” and all subsequent submissions (the “Work”). This Agreement pertains only to the publication of the Work on the Publisher’s website located at https://www.dacunha.global (the “Website”) and its use in promotion of the Website. The date of this Agreement is the date the Creator confirms acceptance through the Publisher’s online confirmation process, initiated by the Creator.

NOW THEREFORE, for the consideration and mutual covenants and agreements herein, the receipt and sufficiency of which are hereby acknowledged, the parties mutually agree as follows:

1. Grant of Rights. The Creator hereby grants the Publisher permission to include the Work on the Website, in both English and Spanish language. The Creator hereby grants the Publisher to include the Work, in part or whole, in any promotional material for the Website, whereas the promotional material is not directly related to the publication of a book, event, or product in which monies are collected separate from subscription monies. The Creator agrees not to publish, perform or otherwise distribute any of the Creator’s Work appearing on the Publisher’s Website while the Work appears on the Publisher’s Website.

2. Rights Statement. All rights not expressly granted by the Creator reside exclusively with the Creator.

3. Rights Fee. The Creator shall provide the Work for free. All proceeds, net of the Publishers’ costs to publish, maintain, and promote the Website, and any other third party costs to reasonably maintain the Publisher’s company (e.g. insurance, et. al.), shall be dispersed and divided as illustrated in Appendix 1: Distribution of Profits.

4. Production and Publication of Alternate Formats. Audio, video and/or any visual art produced by the Publisher and originating from the Work (“Derived Work”) may be produced upon obtaining the Creator’s written approval, in the form of an email, for production of the Derived Work AND so far as the Derived Work(s) are not directly associated with the collection of monies for anything other than subscriptions to the Publisher’s Website. The Publisher will provide the Creator with digital copies of any Derived Work(s) produced from the Creator’s Work. For the avoidance of doubt, Rights Fee in Section 1 of this Agreement, will apply to Derived Work(s).

5. Removal of Work and Derived Work(s). Upon request from the Creator, in writing via email, the Publisher will remove all designated Work(s) from the Website within 30 days of receiving such request. Derived Work(s) will remain on the Publisher’s Website until such time as the Publisher decides to remove the Derived Work(s). For avoidance of doubt, the Creator will continue to receive any future payments in relation to any and all Derived Work(s) residing on the Publisher’s Website.

6. Editing. The Publisher will make no alterations to the Work’s text or title without the Creator’s written approval. The Publisher reserves the right to make minor copyediting changes to conform the style of the text to its customary form and usage.

7. Publicity. The Creator grants the Publisher the right to use the Creator’s name, image, likeness, and biographical material for all advertising and promotion of the Website. Upon request, the Creator shall provide the Publisher with a photograph of the Creator and appropriate biographical material for such use.

8. Free Use of the Website. The Publisher agrees to present to the Creator with free access to the Publisher’s Website.

9. Discount for Creator. The Publisher agrees to present to the Creator a unique discount code specifically for use on the Publisher’s Website. The code shall provide a discount of 10% on any purchase, excluding membership, on the Publisher’s Website.

10. Representations and Warranties of Creator. The Creator hereby represents and warrants that (i) they are the owner of all rights, title, and interest in and to the Work; (ii) they have the full legal authority to make this agreement; (iii) all rights conveyed to the Publisher are free of encumbrances; (iv) the Work does not infringe upon the copyrights or any other right of any third party; and (v) the Work includes no defamatory, libellous, or otherwise unlawful subject matter.

11. Byline & Copyright Notice. The Creator’s byline will be printed as “_______________” on the Publisher’s Website. The Creator will be credited on all appearances of the Work and Derived Work(s) as “_______________”.

12. Governing Law. This Agreement is governed by and shall be construed in accordance with the laws of England.

13. Jurisdiction. The parties submit all their disputes arising out of or in connection with this Agreement to the exclusive jurisdiction of the Courts of England.

The parties acknowledge that each has read and understood this contract before execution.

 

ADDENDUM: Distribution of Profits (Payment for Work/Derived Work)

All monies from subscriptions to the Website will be collected by the Publisher. All third party costs (e.g. including but not limited to hosting, legal support, and promotion) shall be paid by the Publisher from monies collected from subscriptions to the Website. The Publisher is solely responsible for all third party costs associated with publishing, maintaining, and promoting of the Website. The Creator shall not incur and subsequently ascribe costs to the Publisher without the prior written consent of the Publisher.

All monies remaining after the payment of third party costs directly associated with the publishing, maintenance and promotion of the Website (the “Profit”), will be distributed, as follows:

The Publisher will collect monies from subscriptions, pay costs for providing the subscriptions and distribute Profits as a one-time payment, as noted at the time of submission, for Work and Derived Work published on the Publisher’s Website. The Publisher aspires to distribute 50% of all Profits, in the form of one-time payments, to the Creators contributing Work/Derived Work to the Publisher’s Website. The amount and timing of the distribution of Profits will be at the sole discretion of the Publisher. However, it is the intent of the Publisher to ascribe increasing levels or payment for published Work/Derived Work as subscription levels to the Website increase. The Publisher will increase the payment for Work/Derived Work as follows, until a maximum payment of $5,000 is reached.

$0, $25, $100, $250, $500, $1,500, $3,000 and $5,000.*

*These payment levels are commensurate with subscriber levels to dacunha.global.

The current payment level for a published Work/Derived Work on the Publisher’s Website will be updated at the following location on the Publisher’s Website: https://dacunha.global/creating-for-dacunha/

The Publisher will increase the payment level when profits make it possible to provide all Work/Derived Work on the Website with monies to bring the total payment for each and every Work/Derived Work to the new higher payment level.

Removal of Work(s) by a Creator ends any future distribution of monies to the Creator for the Work(s) removed.

If our subscription levels provide a Profit whereby all Work/Derived Work on the Website attract a total payment of $5,000 and this payout does not fulfill the aspiration of distributing 50% of Profits to Creators, the Publisher will, at its discretion, initiate one or both of the following in amounts bringing the total distribution of Profit to Creators to 50%:

  1. Pay bonuses to the Creators and/or
  2. Distribute funds to support creators around the world.

All of our finances will be transparent for our Creators.

EXAMPLE 1:

Creator Work is published and attracts a payment of $0.

Subscriptions increase, Profit increases and the Publisher announces a payment of $25 for all Work/Derived Work published on the Website going forward.

All Work/Derived Work already published, before the announcement of $25 per Work, will attract a payment of $25, immediately, bringing total payment for each and every Work/Derived Work on the Website to $25.

Subscriptions increase, Profit increases and the Publisher announces a payment of $100 for all Work/Derived Work published on the Website going forward.

All Work/Derived Work already published, before the announcement of $100 per Work, will attract a payment of $75, immediately, bringing total payment for each and every Work/Derived Work on the Website to $100.

EXAMPLE 2:

Subscriptions increase, Profit increases and the Publisher’s current payment level for Work/Derived Work is $5,000.

The Publisher will distribute the additional Profit, up to a maximum of 50% for Creators, in the form of a bonus to Creator’s Work/Derived Work already on the Website and/or in the form of a grant(s) to support creators around the world.

EXAMPLE 3:

A Creator’s Work is published.

The Publisher creates a Derived Work based on the Creator’s original Work (e.g. an audio version with actors).

The Derived Work attracts the same payment as other Work on the Website.

The Payment is divided equally among the contributors to the Derived Work.

— If current Payment is $100 and the Derived Work is one actor and one writer, the actor and writer will get $50 each. This payment mechanism continues as payments increase as illustrated above.


All Work/Derived Work on the Website is eligible to be selected for use in books, products, and experiences. Any Work/Derived Work used in books, products and experiences will attract and require a separate Agreement with the Creators of the selected Work/Derived Work prior to the construction/sale of any books, products, and experiences.

All Work/Derived Work attracts additional payments and is eligible to be selected for use in books, products and experiences, as prescribed above, as long as they remain on the Publisher’s Website.


Image: Deathtostockphoto.com