nicerEnterprises_tarot Profit Sharing Contract

This is a contract between the creator and owner of the website nicerEnterprises_tarot, and the holder of Copyright or Intellectual Property rights for artwork and text ("IP holder") found on the website nicerEnterprises_tarot.info
The URLs for nicerEnterprises_tarot are:

• "live site" : http://nicerEnterprises_tarot.com

The Intellectual Property found on nicerEnterprises_tarot can be divided into 2 categories; "Decks" and "Descriptions".

• Decks are the entire set of artwork that makes up a Tarot card set, and for which the URL starts with http://nicerEnterprises_tarot.com/decks/ or http://skatescene.biz/sites/nicerEnterprises_tarot.com/decks/, and ends with: .jpg
• Descriptions are the entire set of text that describes the cards 0 through 77 in a Tarot card deck, and all the reading types offered on nicerEnterprises_tarot. Currently only 1 Description set is used, written by [the owner of nicerEnterprises_tarot.com].

In return for allowing [the owner of nicerEnterprises_tarot.com] to host and use their Intellectual Property on nicerEnterprises_tarot, the IP holder will receive a share of profits, that is determined as follows;

• Of the entire annual profits of nicerEnterprises_tarot, a 50% share is reserved for IP holders other than [the owner of nicerEnterprises_tarot.com]. This 50% share is then divided as follows;
  • 25% of total annual profits is divided into "deck play shares" by the number of Tarot games played on nicerEnterprises_tarot, but only those games that played decks that IP holders other than [the owner of nicerEnterprises_tarot.com] have signed this contract for ("signed decks").
    For each signed deck, the number of times that deck has been played determines how many "deck play shares" are paid out to the IP holder of that deck.
  • 25% of total annual profits is reserved for IP holders other than [the owner of nicerEnterprises_tarot.com] who have signed this contract, that hold the copyrights to Descriptions.
    This share is once again divided (into "description play shares") by the number of Tarot games played on nicerEnterprises_tarot for which the descriptions come from an IP holder that has signed this contract.
    The IP holder for any description will receive as many description play shares as there were Tarot games played on nicerEnterprises_tarot using descriptions owned by the IP holder.
    
• Profits of nicerEnterprises_tarot are calculated from January 1st up to and including December 31st, paid out no later than February 1st.
• Once an IP holder is signed, he/she/they will receive profits of the entire calendar year in which they first applied to sign on, as per terms stipulated in the previous bullet item.
• If no decks have signed IP holders, then the entire 50% share of annual profits of nicerEnterprises_tarot is awarded to IP holders of descriptions, per the same division as is described above for half that amount.
• If no descriptions have signed IP holders, then the entire 50% share of annual profits of nicerEnterprises_tarot is awarded to IP holders of decks, per the same division as is described above for half that amount.
• If no decks and no descriptions have signed IP holders by January 1st, [the owner of nicerEnterprises_tarot.com] can keep the entire profits for the previous year.

Signed IP holders will be provided with as much digital proof as is humanly possible by [the owner of nicerEnterprises_tarot.com] to calculate the actual play counts and what-was-played on nicerEnterprises_tarot.

Signed IP holders have the right to request read-only FTP access to both the development site section for nicerEnterprises_tarot, and for it's live site.
Before receiving such access, they must first physically sign and mail a non-disclosure agreement that gives 1 technical expert from the IP holder's Company or 1 technical expert hired by the IP holder (if not signed on behalf of a Company), or the IP holder signer him/herself, the right to view the files that make up nicerEnterprises_tarot. At no time is the IP holder or technical expert allowed to make, keep or any any way use a copy of any of the files that make up nicerEnterprises_tarot, other than to determine if the statistics [the owner of nicerEnterprises_tarot.com] reports are accurate.

IP holders are allowed and encouraged to promote their own Decks and Descriptions by advertising the proper URL (only under http://nicerEnterprises_tarot.com/ please, as that is the live, non-experimentation version of the site).

To sign this contract, we work in a few ordered steps;

1. The person wishing to sign E-mails [the owner of nicerEnterprises_tarot.com] with the following details:
   • Deck name(s) (as they appear in the URL of nicerEnterprises_tarot when played) and/or Descriptions name(s) (the 1 default Descriptons now on the site are by [the owner of nicerEnterprises_tarot.com])
   • A scan of (a) physical page(s) of this contract with on each page the hand written full name and hand signature of the person signing.
   • Scan image of drivers license or passport of the person signing, with name, government registration number, and his/her signature clearly visible
   • Company Name (optional)
   • If Company Name entered : Chamber of Commerce registry number for that company, and a URL where [the owner of nicerEnterprises_tarot.com] can look up the details for this Chamber of Commerce registry, or a scan of an official statement/excerpt from the Chamber of Commerce that the company is indeed registred with them.
   • If Company Name entered : A document on Company's stationary, signed by the current management, that the person signing is indeed authorized to do this on behalf of the Company.
   • Physical Mail contact address for IP holder
   • E-mail contact address for IP holder
   • Paypal account ID to wire profits to (payout is only done via paypal.com at the moment, sorry)
   • A (perhaps scanned) form of proof of holding Intellectual Property rights (or "proof of ownership") for each of the Decks and/or Descriptions that you are signing for.
2. [the owner of nicerEnterprises_tarot.com] will after receiving these details, within 60 days, either:
   • Reject your application (for instance because [the owner of nicerEnterprises_tarot.com] can't verify that your proof of ownership is valid) and tell you why it was rejected, with a chance for the IP holder to repeat step 1 and provide the details that will convince [the owner of nicerEnterprises_tarot.com]. This loop may be repeated until no new proof can be offered by the one wishing to sign this contract.
   OR:
   
   • Validate your application, e-mail you a notification thereof, sign this contract and all the pages of proof, send the person signing a physical mail package with a letter signed by [the owner of nicerEnterprises_tarot.com] that validates your application, the signed pages, [the owner of nicerEnterprises_tarot.com]'s physical mail addres, and a copy of [the owner of nicerEnterprises_tarot.com]'s Dutch national ID-card with [the owner of nicerEnterprises_tarot.com]'s signature and name and government registration number clearly visible.
     • The IP holder (person signing) then counter-signs a copy of all of the pages [the owner of nicerEnterprises_tarot.com] sent him/her, and physically mails this back to [the owner of nicerEnterprises_tarot.com].
       • [the owner of nicerEnterprises_tarot.com], upon receiving of the counter-signed pages, e-mails a notification to the person signing, and this contract is then fully validated and signed by both parties.

Last modified : 2012 May 18, 12:30 CEST
[the owner of nicerEnterprises_tarot.com] reserves the right to change this text at any time without prior notification.
The text of this contract becomes binding at the moment the first application to sign is received by [the owner of nicerEnterprises_tarot.com], for only that applicant.

Please let me know if you feel this contract is fair and accurate enough.