Fill and Sign the Agreement with Online Game Developer to Sell Game Online Form

Agreement with Online Game Developer to Sell Game Online Agreement made on the __________________ (date) , between ________________________ (Name of Game Owner) of _____________________________ ____________________________________________ (street address, city, state, zip code) , referred to herein as Owner , and _____________________ (Name of Seller) , a corporation organized and existing under the laws of the state of ______________, with its principal office located at ____________________________________________________________________ __________ (street address, city, county, state, zip code) , referred to herein as Seller . Whereas, Owner has developed and owns all rights to the software of a game known as ______________________ (Name of Game) , hereinafter called Game ; and Whereas, Owner desires for Seller to sell the Game through its website _________________________ (web address) , hereinafter called the Website; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Owner does now hereby grant the Seller the right to sell the Game on the Website on the terms and conditions set forth in this Agreement. 2. Owner warrants and represents to Seller that Owner has the full power and authority to enter into this Agreement and has the full right and authority to convey title to the Game to any duly authorized buyer. Owner agrees to indemnify Seller for any claims brought by third parties based on a third party’s right of any ownership of the Game. Such indemnity shall include reimbursement for any attorney's fees and costs incurred by the Seller in defense of any such claim. 3. Owner authorizes the Seller to place the Game’s image on the Website and grants to Seller the right to distribute, transmit, publish, copy, or otherwise exploit, either in whole or in part, either digitally or in any other medium now known or later discovered any image, logo, or photograph of the Game on the Website. 4. Owner agrees to pay the Seller for the Seller finding a purchaser who is ready, willing, and able to purchase the Game and for placing the Game on its Website, a commission of (describe commission or fee) ________________________________ . The commission will be deducted from the proceeds that the Owner will receive from the proceeds of any sale. 5. Owner may set a sales price for the Game. Seller may change the asking prices at any time by notifying the Seller in writing (by e-mail or regular U.S. mail). Owner agrees to hold the Seller harmless should the Game sell below his expectations. 6. Seller will make every reasonable effort to collect the payment from the purchaser of the Game. The Seller will not release the Game to the purchaser until the Seller has received complete payment for the Game. 7. Seller will deliver the net proceeds of the sale of the Game on the ____ day of the month following the sale. 8. Owner will be responsible for payment of the Seller’s commission, and all shipping costs associated with shipping the Game to the purchaser. 9. This Agreement may be terminated with or without cause by either party upon the giving of ______ day’s written notice. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 11. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 13. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 14. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 15. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 16. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 17. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. ________________________ (Name of Seller) ________________________ By:_________________________ (P rinted name) _________________________ ________________________ (P rinted name & Office in Corporation) (Signature of Owner) __________________________ (Signature of Officer)