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Digital Distribution Agreement Template for United States

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Key Requirements PROMPT example:

Digital Distribution Agreement

"I need a Digital Distribution Agreement for my mobile gaming app that will be distributed across North America and Europe through major app stores, with a revenue share model of 70/30 and strict user data protection requirements, starting from March 2025."

Document background
The Digital Distribution Agreement serves as the foundational document for content owners and distributors operating in the digital marketplace under US jurisdiction. This agreement is essential when a content owner wishes to distribute their digital content (such as software, games, media, or publications) through specific platforms or distribution networks. It addresses critical elements including intellectual property rights, revenue models, technical specifications, and compliance with US digital commerce regulations. The agreement is particularly relevant in today's digital economy where content distribution increasingly occurs through digital platforms and channels.
Suggested Sections

1. Parties: Identification and details of the contracting parties

2. Background: Context and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. License Grant: Scope and terms of the distribution rights being granted

5. Content Delivery: Technical requirements and processes for content delivery

6. Revenue Share: Financial terms and payment arrangements

7. Term and Termination: Duration and termination conditions

8. Representations and Warranties: Legal assurances and guarantees from both parties

9. Intellectual Property Rights: Rights and obligations regarding IP ownership and protection

10. Confidentiality: Requirements for handling confidential information

11. Indemnification: Obligations to protect against losses and liabilities

12. General Provisions: Standard legal provisions including governing law, notices, and assignment

Optional Sections

1. Territory Restrictions: Geographic limitations on distribution rights - include when distribution is limited to specific regions

2. Marketing Requirements: Marketing obligations and restrictions - include when specific marketing arrangements are needed

3. Content Updates: Process for managing content updates - include for dynamic content requiring regular updates

4. Service Level Agreement: Performance metrics and standards - include when specific service levels need to be maintained

5. Data Protection: Specific data protection and privacy requirements - include when personal data is processed

Suggested Schedules

1. Schedule A - Content Schedule: Detailed list of content covered by the agreement

2. Schedule B - Technical Requirements: Detailed technical specifications for content delivery

3. Schedule C - Revenue Calculation: Detailed breakdown of revenue sharing calculations

4. Schedule D - Territory Schedule: Detailed list of authorized territories

5. Schedule E - Service Level Requirements: Detailed performance metrics and response times

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Federal Laws: Core federal legislation including Digital Millennium Copyright Act (DMCA), Copyright Act of 1976, Federal Trade Commission Act, Computer Fraud and Abuse Act, Electronic Communications Privacy Act, and E-SIGN Act

Intellectual Property Laws: Protection of IP rights including patent laws, trademark laws, trade secret protection laws, and right of publicity laws

Data Privacy and Security: State-specific data privacy laws (e.g., CCPA), data breach notification laws, and Children's Online Privacy Protection Act (COPPA)

Consumer Protection: State-specific consumer protection laws and FTC guidelines on digital marketing and advertising

Contract Law: Uniform Commercial Code (UCC), state-specific contract laws, and Statute of Frauds requirements

International Considerations: Regulations for international markets including GDPR compliance, international copyright treaties, and cross-border data transfer regulations

Industry-Specific Regulations: Platform-specific requirements, industry standards and best practices, and content rating requirements

Payment Processing: Electronic payment regulations, state money transmitter laws, and Payment Card Industry (PCI) compliance requirements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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