These ACX Audiobook Production Standard Terms ("Terms") apply to the creation of an audiobook on the audiobook production service and rights marketplace available at www.acx.com ("ACX"). These Terms form part of each ACX audiobook production agreement between a Rights Holder and a Producer where the applicable deal confirmation page generated by ACX ("Deal Confirmation Page") references this specific Version 2.1 of the Terms (the "Agreement").
#1 IF THE PRODUCTION OFFER PAGE AND DEAL CONFIRMATION PAGE STATE THAT RIGHTS HOLDER GRANTS AUDIBLE EXCLUSIVE DISTRIBUTION RIGHTS AND PROVIDE FOR A ROYALTY SHARE PAYMENT TO PRODUCER, THE FOLLOWING PAYMENT TERMS APPLY:
Rights Holder will pay Producer the royalty amount set forth in the Deal Confirmation Page for all sales of the Audiobook in the Territory in accordance with Audible's standard ACX Royalty Payment Terms and Procedures for Royalty Share Deals in effect as of the date of the Deal Confirmation Page as full consideration for all services performed by Producer under this Agreement, provided Producer is not in breach of this Agreement. Producer is responsible for all of Producer's costs and expenses in producing the Audiobook. Rights Holder and Producer acknowledge that Audible will pay, on Rights Holder's behalf, all royalty payments owed to Producer under this section on sales made by Audible or Audible's sub-distributors.
or#2 IF THE PRODUCTION OFFER PAGE AND DEAL CONFIRMATION PAGE STATE THAT RIGHTS HOLDER GRANTS AUDIBLE EXCLUSIVE DISTRIBUTION RIGHTS AND PROVIDE FOR THE PAYMENT OF A ONE-TIME FEE TO PRODUCER, THE FOLLOWING TERMS APPLY:
Rights Holder will pay Producer the sum set forth in the Deal Confirmation Page within 30 days of Producer's completion of the Audiobook and Rights Holder's approval (or deemed approval) of the Audiobook as full consideration for all services performed by Producer under this Agreement, provided Producer is not in breach of this Agreement. Producer is responsible for all of Producer's costs and expenses in producing the Audiobook.
#3 IF THE PRODUCTION OFFER PAGE AND DEAL CONFIRMATION PAGE STATE THAT RIGHTS HOLDER GRANTS AUDIBLE NON-EXCLUSIVE DISTRIBUTION RIGHTS AND THE PAYMENT OF A ONE-TIME FEE TO PRODUCER, THE FOLLOWING TERMS APPLY:
Rights Holder will pay Producer the sum set forth in the Deal Confirmation Page within 30 days of Producer's completion of the Audiobook and Rights Holder's approval (or deemed approval) of the Audiobook as full consideration for all services performed by Producer hereunder, provided Producer is not in breach of this Agreement,. Producer is responsible for all of Producer's costs and expenses in producing the Audiobook.
Rights Holder may not cancel Producer's engagement under this Section 8(b) after Producer has completed the initial raw recording of the entire Audiobook. "Initial raw recording" means the initial audio recording of the entire Book, before the commencement of the editing and/or mastering process.