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 language and even if the language you use to communicate with each other would create a binding agreement in another context off of ACX. We have 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 communications on ACX.