Publishing Partnership Agreement

First Update: July 12, 2020
Latest Revision: February 15, 2020

This is a binding agreement between the individual or entity identified in your Partnership account. This agreement provides the terms and conditions of your participation in the Komiks On Demand Publishing Partnership program. This agreement is also an extension of our existing terms and conditions found here.

Once approved, you must read this agreement before submitting any content to us.

TL;DR

• You accept the terms and provisions in this agreement
• The content you submit should be your own.
• There may be content that will be similar or identical to yours.
• You must make sure your content will comply with our Age Rating
• KomikSpot will not be held responsible for any disputes.
• We have the right to use your content for promotion and advertising.
• You may cancel anytime; we will pull out your content but your content will still be accessible to those who purchased it.
• Keep the necessary information confidential.
• We will modify this agreement if there are parts that do not make sense.
• We will price your items accordingly.
• Depending on your partnership type, you will be paid a percentage of the net sales, every quarter. 
• We will inform you when we make changes to this agreement and what we have changed.

TS;WM

1. AGREEMENT ACCEPTANCE

You accept this agreement by either clicking agree on the submission form where you are given the option to do so, or by submitting content to us. If you do not accept the terms then you are not entitled to use the KomikSpot Partnership program.

2. RESPECT FOR INTELLECTUAL PROPERTY RIGHTS

You agree and accept that that all content you submit is your own. All or part of the content should not infringe any existing copyrights or you have permission to use the copyrighted material to your content. Under no circumstance that we will be held responsible for any copyright violation.

3. CONTENT SIMILAR TO YOURS

You acknowledge that the content similar or identical to yours may have been or may in the future be submitted by other creators, or made public by other creators. We will not be held responsible for any liability for any matter relating to such similar or identical content.

4. AGE RATING

You acknowledge that the content you submit will have to conform with our Age Rating. Initially, you will provide your rating for the content you submit, however, KomikSpot will make the necessary adjustments for your content to be classified.
Age rating helps us classify and categorize your titles. 

5. INDEMNIFICATION

You will indemnify and defend KomikSpot against any losses, liabilities, claims, causes of action, and expenses (including reasonable attorneys fees and costs of investigation, whether before or after the assertion of a formal claim, and reasonable litigation expenses) arising out of or related to your representations, warranties, and obligations outlined in this agreement, including any matters arising out of or relating to any assertion that the content you submit (a) infringes the intellectual property rights of any third party, (b) is defamatory, (c) violates the rights of privacy or of publicity of any third party, (d) otherwise violates the rights of any third party, (e) requires the payment of royalties or fees of any type to any third party, or (f) violates any applicable laws or regulations. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our choosing.

6. MARKETING, PROMOTION, AND ADVERTISING

You acknowledge that upon submission, KomikSpot holds the right to use the content you submit for promotion, marketing, and advertising online through our social media channels or other means.

7. EXCLUSIVITY, TERM AND TERMINATION

If you are under the exclusive partnership, you acknowledge KomikSpot has the sole right to publish, sell and distribute your comics. This scope extends from online to physical distribution except during convention period where you can request at least a minimum of 10 printed copies that you can sell with your own pricing. You are also allowed to exhaust all remaining printed stock after the convention. The exclusivity is only limited to the publication, selling and distribution of your title’s print variant, you are still eligible to sell and distribute the digital variant outside of KomikSpot’s platform.  

The term of this agreement will begin upon your acceptance of it and will continue until it is terminated by us or by you. We are entitled to terminate this agreement and your access to your Partnership account at any time. We will notify you upon termination. You are entitled to terminate at any time by providing us notice of termination, in which event we will cease selling your content within 5 business days from the date you provide us notice of termination. We may also suspend your Partnership account at any time with or without notice to you, for any reason in our discretion.

All content acquired by customers before termination will not be returned and will survive termination.

All rights and obligations that by their nature or as stated to continue beyond termination will survive any termination of this Agreement, including confidentiality obligations and indemnification. We may retain, store, reproduce, and publicly display copies of your content after termination or after your content is no longer available in the Program (i) for customer service purposes, (ii) to fulfill customer orders for your content pending as of the date of termination or removal of the content from the Program, (iii) to provide customers with access to their highlighted or annotated text, and (iv) to provide access to or re-downloads of your content or otherwise support customers who have purchased content before termination or the content’s removal from the Program.

8. CONFIDENTIALITY

You will not disclose any confidential information from KomikSpot to any third party unless required by law.

9. SEVERABILITY

If any provision of this agreement is held to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and the illegal, invalid, or unenforceable provision shall be amended immediately to achieve as closely as possible the economic effect of the original term.

10. PRICING

You acknowledge that KomikSpot will decide with the pricing of your content. Base price and print cost rates are subject to change over time. We will notify creators of these changes and their date of effectivity.

11. PAYMENTS AND FEES

If you are not in breach of your obligations under this agreement, we will pay you 75 to 80% of net sales ala carte, depending on your partnership type. Net sales mean gross revenues from the sale of the content minus the transaction fees payable to our payment gateways. Net sales will be calculated using the amounts in Philippine Peso remitted to you via the payment channel you chose upon application.

Payment will be made every third month of the quarter. For transparency, you will be able to see how your sales perform against other content submitted to KomikSpot and will have an idea of how much to expect. However, this is not indicative of the final amount you will be getting as necessary deductions will have to be applied.

You may choose to set a minimum threshold for your payments. For example, you chose a minimum threshold of P1000 and you sold only P500 within 90 days, that amount will be carried over to the next quarter until your minimum threshold is met. Therefore you will receive the payment in the third month of the next quarter.

You acknowledge that you will provide the correct information to receive payments. You must let us know in advance if you need your payment information to be changed or should be held until you have found another channel for your payment.

Should there be applicable transaction fees to your alternative methods, you agree that said fees, on our discretion, will be deducted on the payment you will be receiving.

12. CHANGES TO THIS AGREEMENT

KomikSpot holds the right to make amends to this agreement. You are entitled to know these changes by carefully reviewing the agreement. If there are any major changes, you will receive a notice of these changes and an email of our updated terms, as well as we will include in this section the changes that have been applied.