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You, as the owner and/or author of certain works that are currently distributed in e-book and/or print form (“Works”) by Draft2Digital, LLC (“us” or “we” or “Draft2Digital”), are able to have those Works distributed as audio recordings using text to speech technology provided by Apple Books (hereinafter, “Audiobooks”), subject to the terms and conditions below.

By clicking accept and providing an electronic signature where you are given the option to do so, you agree to partake in this program and to comply with and be bound by the following terms (the “Audiobook Agreement”), as well as the terms and conditions of our Terms of Service and Privacy Policy which are incorporated herein (collectively, the “D2D Terms”):

  1. You choose the Works You would like to be made into, sold and distributed as Audiobooks (your “Chosen Works”) .
  2. For each Chosen Work, You represent, warrant and agree that:
    1. You own all rights and/or have all permissions and consents necessary to allow the Work to be a part of this program and to grant the rights and licenses provided under this Audiobook Agreement; and
    2. The Works do not, and will not when made into Audiobooks, include content that is (i) offensive, as determined by Draft2Digital, which includes, but is not limited to, racial slurs, excessively graphic or violent material, or pornography, (ii) libelous, (iii) in violation of any third-party rights, or (iv) in violation any law or regulation;
    3. You shall provide all materials that are necessary and requested by Draft2Digital or Apple Books to create Audiobooks from your Works (collectively, “Related Materials”), including cover art, necessary metadata and required third party copyright notices (which notices shall be less than 100 characters in length);
    4. You agree that Draft2Digital may exercise the rights You provide in this Addendum to distribute Your Works as Audiobooks in library channels and that Apple Books shall otherwise be the exclusive distributer of Audiobooks created hereunder; and
    5. You shall comply with the D2D Terms and, to the extent you are accepting on behalf of a company, you have full legal authority to agree to the D2D Terms on behalf of that company.
  3. For each Chosen Work, in addition to the rights otherwise granted under the D2D Terms, you grant Draft2Digital the worldwide, nonexclusive, and sublicenseable right and license to:
    1. Use, copy, modify, reproduce, distribute, translate, transmit, display and make derivative works of those Works and Related Materials as Audiobooks, as well as the right and license to retain a copy of each such Audiobook and corresponding Related Materials and distribute, sell and offer for sale such Audiobooks, in whole or in part, by all means now known or later developed, and in all languages and formats; and
    2. Market the Works as Audiobooks, create clips of the Audiobooks for promotional purposes, and use your image, name and likeness in any medium worldwide in connection with the distribution, marketing and sale of such Audiobooks; and
    3. To the extent the Works are distributed directly through Apple Books, You provide Draft2Digital the authority to provide Apple Books consent on Your behalf to have those Works made into and sold and distributed as Audiobooks under the terms of this Audiobook Agreement.
  4. You shall maintain ownership of Your Works subject to the rights and licenses granted in the Audiobook Agreement, and nothing herein prevents You from creating or having others create audio recordings of Your Works in addition to the Audiobooks; however, You understand and agree that Draft2Digital and/or Apple Books shall have complete control over the production, sale and distribution of the Chosen Works and, except for Your rights in the underlying Work, You shall have no right, title, or interest in the Audiobooks nor any of the technology or intellectual property rights used to create Audiobooks from Your Works.
  5. Draft2Digital shall remit to You any royalties received from distribution of Audiobooks, less our commission, in accordance with the D2D Terms, which You acknowledge and agree is Your sole compensation and consideration for such distribution and the rights and licenses granted by You under this Agreement. You acknowledge and agree that the royalties received by You are in no way under Draft2Digital’s control and are dependent on numerous factors, such as the royalty rates set by our licensees and distributers, the list price set by You, the number of Audiobooks actually sold, and taxes and surcharges which may be deducted from the gross sales of those Audiobooks.
  6. You shall have the right to terminate this Audiobook Agreement in accordance with Section 8 of the D2D Terms, provided that You may not terminate this Audiobook Agreement for a particular Work (a) to the extent it was sold or otherwise agreed to be distributed prior to the date of termination; or (b) created into an Audiobook hereunder until at least six (6) months after the first commercial distribution of that Audiobook unless said termination is the result of a material breach of the Agreement by Draft2Digital that has not been cured within thirty days of Your notice to Draft2Digital of that breach. In addition to those rights provided to us under the D2D Terms, Draft2Digital shall have the right to suspend or terminate this Audiobook Agreement in the event of an actual, alleged or suspected breach by you of this Audiobook Agreement, and you agree that you are not entitled to any royalties related to any such actual, alleged or suspected breach.
  7. You agree that any Audiobook created, distributed or sold hereunder shall be done so on an “AS IS” basis with all faults, and without any warranty of any kind, and Draft2Digital and its licensees disclaim all warranties, representations and conditions with respect to the Audiobooks, whether express, implied or statutory, including but not limited to the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose and non-infringement. You also agree that Draft2Digital, Apple Books, and their respective service providers are not obligated to provide any maintenance, updates or technical support for any Audiobook.
  8. To the fullest extent permitted by applicable law, You will defend, indemnify and hold Draft2Digital and its licensees, including (without limitation) Apple Books and its affiliates, as well as all their respective officers, directors, employees, affiliates, subcontractors, licensees, distributors and assigns harmless from and against any loss, claim, settlement, penalty or liability (including reasonable attorneys’ fees) related to a third-party claim that arises out of any breach by You of the Audiobook Agreement or the D2D Terms (“Claim”), and You agree that Draft2Digital may withhold monies due to You in the event of an actual or potential Claim or breach by You.
  9. This Audiobook Agreement is intended to supplement, and not supersede the other D2D Terms, which shall remain in full force and effect and shall apply to Audiobooks distributed hereunder in addition to the above terms. To the extent there is a conflict among any term of this Audiobook Agreement and the other D2D Terms, the terms of this Audiobook Agreement shall control.