Company Letterhead
{{company_name}}
{{company_address}}
Phone: {{phone}}
Email: {{email}}
Website: {{website}}
Development Agreement for Multimedia Publisher
This Development Agreement ('Agreement') is made and entered into on this {{day}} day of {{month}}, {{year}} ('Effective Date'), by and between:
{{publisher_company_name}}, a company duly incorporated under the laws of {{publisher_jurisdiction}}, with its principal place of business at {{publisher_address}} (hereinafter referred to as 'the Publisher');
AND
{{developer_company_name}}, a company duly incorporated under the laws of {{developer_jurisdiction}}, with its principal place of business at {{developer_address}} (hereinafter referred to as 'the Developer').
The Publisher and the Developer may hereinafter be referred to individually as a 'Party' and collectively as the 'Parties'.
1. Scope of Work
1.1 The Publisher hereby engages the Developer to develop the multimedia content/application as described in Schedule A ('the Project').
1.2 The Developer shall perform the services in a professional and workmanlike manner, in accordance with the specifications and delivery timelines set forth in Schedule A.
1.3 Any changes to the scope of work must be agreed upon in writing by both Parties and may result in adjustments to the development schedule and compensation.
2. Intellectual Property Rights
2.1 All intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets, in the multimedia content/application developed under this Agreement shall exclusively vest with the Publisher upon full payment of the agreed-upon compensation.
2.2 The Developer warrants that the multimedia content/application provided hereunder will not infringe upon the intellectual property rights of any third party.
2.3 The Developer agrees to assign all rights, title, and interest in and to the Project to the Publisher upon its completion and acceptance.
3. Compensation and Payment Terms
3.1 In consideration for the development services, the Publisher shall pay the Developer a total fee of {{total_fee_currency}} {{total_fee_amount}} ({{total_fee_words}}), payable as follows:
a) {{percentage_upfront}}% upfront deposit upon signing of this Agreement: {{upfront_amount_currency}} {{upfront_amount}}.
b) {{percentage_milestone_1}}% upon completion of Milestone 1, as defined in Schedule A: {{milestone_1_amount_currency}} {{milestone_1_amount}}.
c) {{percentage_final}}% upon final acceptance of the Project by the Publisher: {{final_amount_currency}} {{final_amount}}.
3.2 All payments shall be made within {{payment_days}} days of receipt of a valid invoice from the Developer.
3.3 Late payments may incur interest at a rate of {{interest_rate}}% per month.
4. Confidentiality
4.1 Both Parties agree to keep confidential all proprietary or confidential information disclosed by one Party to the other, whether orally or in writing, in connection with this Agreement.
4.2 Confidential information shall include, but not be limited to, business plans, financial information, technical data, and any other information clearly marked as confidential.
4.3 This confidentiality obligation shall survive the termination of this Agreement for a period of {{confidentiality_period}} years.
5. Indemnification
5.1 The Developer shall indemnify and hold harmless the Publisher from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with any breach of warranty, misrepresentation, or negligence by the Developer.
5.2 The Publisher shall indemnify and hold harmless the Developer from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with the Publisher's use of the delivered multimedia content/application, provided such use is in accordance with the terms of this Agreement.
6. Termination
6.1 Either Party may terminate this Agreement immediately upon written notice if the other Party commits a material breach of this Agreement and fails to remedy such breach within {{cure_period}} days of receiving written notice thereof.
6.2 Upon termination, the Developer shall deliver all work in progress to the Publisher, and the Publisher shall pay for all services rendered up to the date of termination.
7. Governing Law and Dispute Resolution
7.1 This Agreement shall be governed by and construed in accordance with the laws of {{governing_jurisdiction}}.
7.2 Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the rules of the {{arbitration_institution}} in {{arbitration_city}}, {{arbitration_country}}.
8. Entire Agreement
8.1 This Agreement, including Schedule A, constitutes the entire agreement between the Parties and supersedes all prior discussions, negotiations, and agreements, whether oral or written, relating to the subject matter hereof.
8.2 No amendment or modification of this Agreement shall be effective unless in writing and signed by both Parties.
Signature Block
IN WITNESS WHEREOF, the Parties hereto have executed this Development Agreement as of the Effective Date first above written.
For: {{publisher_company_name}}
___________________________
Name: {{publisher_signatory_name}}
Title: {{publisher_signatory_title}}
Date: {{publisher_signature_date}}
For: {{developer_company_name}}
___________________________
Name: {{developer_signatory_name}}
Title: {{developer_signatory_title}}
Date: {{developer_signature_date}}
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