Legal Contracts

ACX Offer and Acceptance Procedures

Last revised 7/12/2010

Version 1.0

ACX lets you conclude agreements or “deals” to produce audiobooks with other ACX participants through an offer and acceptance process on ACX. For example, a Rights Holder can conclude a deal with a Producer through the ACX offer and acceptance process. If you want to conclude a deal on ACX, you must use the ACX offer and acceptance process and abide by these ACX Offer and Acceptance Procedures.

Before you make an offer, you should be certain of the terms you are proposing and ready to conclude a binding agreement on the terms you propose in your offer. If, through the ACX offer and acceptance process, you make an offer and an ACX participant accepts it, you and the participant are legally bound by the terms of the offer and are in a binding contract with each other. Similarly, if, through the ACX offer and acceptance process, another ACX participant makes an offer to you and you accept it, you and the participant are legally bound by the terms of the offer and are in a binding contract with each other. Your agreement with that ACX participant will be memorialized in the resulting Deal Confirmation Page generated by ACX and ACX Audiobook Production Standard Terms. No additional paperwork is required.

If you are not yet ready to be bound to an agreement, you should communicate with other ACX participants to explore potential offer terms using one of the communication tools available on ACX. Then, when you are ready to enter into a binding agreement, you should use the ACX offer and acceptance process to conclude your deal.

As noted above, any attempt to conclude an agreement using ACX communication tools other than the ACX offer and acceptance process will be invalid and will not result in a binding contract, even if you and the ACX participant you are communicating with use typical offer and acceptance terms and even if the terms you use to communicate with each other would create a binding agreement in another context off of ACX.  We’ve set the rules for offers and acceptances on ACX this way to make it easy for ACX participants to understand when they are, and when they are not, legally bound by their communication on ACX.

Here are some other rules that apply to offers:

  1. If you make an offer, the offer will be valid until the earlier of (a) the expiration date you include in your offer (24, 48, or 72 hours from the date of your offer, as you select from the options presented by ACX when sending the offer), (b) the time at which an ACX participant accepts your offer, and (c) the time on which you remove your offer from ACX using ACX procedures for the removal of offers and your offer is shown as being removed on ACX.
  2. If you accept an offer, you will not be in a binding agreement with the participant who made the offer until you get a Deal Confirmation Page through the ACX offer and acceptance process.
  3. You can only make one offer at a time for the same rights or services. For example, if you have the audiobook rights to a book and want to offer those rights on ACX, you can only make one offer at a time for those rights.
  4. An acceptance must be on the same terms as the offer with no changes.  If you attempt to “accept” an offer with changed terms, it will not be a valid acceptance and there will be no valid contract between you and the ACX participant who sent you the offer. What you should do in that circumstance is make a new offer to the participant who made the offer to you, including in your offer the terms you want. If the ACX participant accepts your offer terms without proposing any changes, you and that ACX participant will be in a binding contract, as discussed above.