Copyright © 2005 by Pete Antoniak
1 June 2005
1.1 This document details the manor of distribution of royalties by EdUGames to Authors and Resource
Providers (hereafter to be included in the term Author), for content material
used in the EdUGames® computer
program. It is incorporated by reference into the EdUGames Author
2. General Provisions
2.1 Unless addressed in the Specific Provisions below:
2.1.1 Royalties will be based only on moneys actually received by EdUGames. If EdUGames
does not receive money for the use of content material, it is not obliged to give
compensation to Authors. This includes, but is not limited to, bounced checks, unpaid
bills, shareware which is not registered, pirated material and illegally copied material.
EdUGames may retain royalty payment for returns and anticipated legal costs in conformance
with industry standards and accepted accounting practices.
2.1.2 Royalties will be based on Royalty
Weighting Units (RWUs) as described in the Document EdUGames
Royalty Formulas which is incorporated into this document and the EdUGames
Author Contract by reference. Royalties will
paid on the sale or use of Rounds
and Sets and the supporting Resource
Library material used in Rounds and listed in the Royalty Weighting Units
field of said Rounds.
2.1.3 For all moneys received that are not directly associated with Rounds, EdUGames
is free to use any reasonable criteria it deems fair for determining that proportion
of the moneys received for Rounds. In the case of sales or licensing of the EdUGames® Program
(driver) and logo items such as T-shirts and coffee mugs, for example, this would
2.1.4 For moneys received that may be directly associated with Rounds, but not with
any particular Round, EdUGames is free to use any reasonable criteria it deems fair
for determining which specific Rounds to prorate the moneys to.
2.1.5 Authors are put on notice that, the School Model specifically
promises that public schools will have access to EdUGames free of charge. The
belief is that this will be more than compensated for by sales of subscriptions
to homes. However, this may take considerable time, or may never
happen. EdUGames is a commercial enterprise with plans for making
money. But like a lot of commercial enterprises, may not achieve its
objectives. Just like a book author, the publisher has high hopes of a
best seller, but thing may not work out that way and the author may find that he
worked long hours for less than minimum wages. That's life. On the
other hand, the Authors may get recognition and a sense of self worth from their
authorship that far exceed any monetary compensation.
3. Specific Provisions
3.1 Although, it is presently anticipated that the primary means of distribution
of EdUGames material will be as a service over the Internet, EdUGames may
package the driver with specific Rounds and Sets which will be called an
Edition. Royalties for an Edition will be based on the price paid to EdUGames for the
3.2 It is conceivable that EdUGames may be placed on a University or Corporation
Server. Royalties for game play in which the EdUGames System is placed on
a Private or Semi Private server will be based on moneys received by
EdUGames directly associated with the Rounds and Sets as outlined in the contractual agreement
between EdUGames and the network server owners. Such a contract may base moneys paid for
Rounds on the individual use of each Round, the session, the time period or any other
criteria that EdUGames and the server owner agree to.
3.3 Any moneys received from the sale of Resource disk or Resource Libraries are excluded from royalty payments because all royalties
for Resources are based on Round usage, not resources distribution. Resource Providers place no restrictions on the
use of Resources by EdUGames or Round Authors. EdUGames makes no promise that a Resource
that is placed in the Resource Library will be used. It is wholly possible, although
undesirable for all parties concerned, that a Resource might never be used. It is
however in EdUGame's best interest
to weed out under-used resources to make efficient use of disk space and band width.
4. Royalty Payment Distribution
4.1 Royalty payments will be based on the moneys received by EdUGames during
a calendar quarter. Ownership of a Round is listed and proportioned in the
Royalty Weighting Field of the Round. The combined total of this
ownership will receive a total of twelve (12) percent royalty proportioned out
as to the weighting units so specified. Set Authors will receive a three
(3) percent Royalty. Game Authors will receive a five (5) percent Royalty.
4.2 Royalties will be paid within 30 days after the last day of the quarter.
4.3 Royalties will be sent to the Address
of Record of the Content Provider. It is the responsibility of the Content Provider
to keep EdUGames informed of the latest address of the Content Provider. Returned
payments will be held for one year. Royalties not claimed or cashed within one year
of the date of payment will be forfeited back to EdUGames.
4.4 Royalty amounts for any Quarter to any one Content Provider that amounts to less
than $20.00 may be held by EdUGames and added to the royalty payment for the next
quarter unless specifically requested by Author.
4.5 Any and all local, national and international government fees, taxes, duties
and licenses levied or accessed on a royalty payment will be deducted from said payment
and paid to the appropriate entity by EdUGames as necessary of required by law.
4.6 Royalty payments will conform to all applicable laws as regards to tax, withholding,
social security and other government fees, fines and payments as necessary or required
5. Means of Payment
5.1 EdUGames will use electronic transfer of fund if feasible, followed by mailing
checks using the US Postal Service.