[casual_games] distribution question - AKEL

[Thomas H. Buscaglia]

This may be of some use in understanding Audit rights...

http://www.gamasutra.com/features/20050919/buscaglia_01.shtml

BTW I offer full service legal and business 
development without the need to hire and expensive Agent! ;-)

Tom B

At 03:35 PM 5/14/2006, you wrote:

>BTW, if any developers need help securing distribution (digital or retail)
>and negotiating these contracts, I offer full service business development
>and marketing services, without the need for you to hire an expensive
>attorney.
>
>Regards,
>
>Jason Akel
>----------------------------------------------------------------------
>
>Message: 1
>Date: Sun, 14 May 2006 09:05:57 -0400
>From: "Brian Robbins" <brian-l at dubane.com>
>Subject: Re: [casual_games] distribution question
>To: "IGDA Casual Games SIG Mailing List" <casual_games at igda.org>
>Message-ID:
>         <7097421f0605140605t5062adafs633028290698de75 at mail.gmail.com>
>Content-Type: text/plain; charset=ISO-8859-1; format=flowed
>
>This is the purpose of an audit clause in a contract. This should be
>pretty much standard in contracts with any distributor, and is across
>all the major portals.
>
>Typically you'll have the option to audit their books up to once a
>year. If a discrepancy of greater than X% is found then you get
>reimbursed the cost of the audit, plus the difference, and possibly
>plus some sort of interest or penalty. There's some great info on this
>within the IGDA's Business and Legal Contract Walkthroughs:
>http://www.igda.org/biz/contract_walkthrough.php  This particular
>point is in the 2nd version, but it's a good idea to look at all of
>them
>
>At the end of the day, you should trust them to do their business
>properly and if you don't, then you shouldn't be signing a
>distribution deal with them. That said you should ALWAYS have these
>types of protections in a contract no matter how much you trust the
>other party.
>
>--
>Brian Robbins
>Director of Games, Game Trust
>http://www.gametrust.com/
>Chair, IGDA Casual Games SIG
>http://www.igda.org/casual/
>
>
>On 5/12/06, Brent Silby (Def-Logic) <brent at def-logic.com> wrote:
> >
> >
> > Hi all,
> > I have a question regarding distribution of casual games.
> >
> > We are in the process of supplying a distributor with several games. He
>will
> > distribute demo versions of the games, and end users will then purchase
>the
> > full version of the game through his site. He will then pay us on the
>basis
> > of how many games are sold.
> >
> > My question is this:
> > Is there anyway we can protect ourselves from being misled as to how many
> > games are actually being purchased? My worry is that the distributor could
> > conceivably sell 50000 units but only tell us that 25000 were sold. Don't
> > get me wrong, I trust the distributor and do not believe we will be
>misled.
> > However, I would still like to know how other developers get accurate
>sales
> > figures. We are new to this, and any help will be greatly appreciated.
> >
> > Cheers,
> > Brent.
>
>
>------------------------------
>
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Thomas H. Buscaglia, Esquire
The Game Attorney
T. H. Buscaglia and Associates
80 Southwest 8th Street
Suite 2100 - Brickell Bayview Center
Miami, FL  33130
Tel (305) 324-6000
Fax (305) 324-1111
Toll Free 888-848-GLAW
http://www.gameattorney.com
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