EdUGames Royalty Contract

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Copyright © 2005 by Pete Antoniak
1 Jun 05

1. The Parties

1.1. This is a contract to establish an agreement between EdUGames, a privately owned Web Based Educational Game company with headquarters in San Bruno, California and __________________ , of _______________ , hereafter to be called Game Master. This contract will here after be referred as Contract number GM-__________.

2. What is Covered

2.1. This Contract covers the creation and maintenance of a Game Site on the EdUGames Web server. The subject area is specifically limited in scope by the assigning document or email. The Game Master understands that posting material that is outside the scope specified may be cause for EdUGames to take the site off line and/or terminate the contract. The Game Master understands that failure to complete and continually cover the scope of the site may be cause for EdUGames to terminate the contract.

3. Governing Laws
3.1. This Contract is governed by the laws of the State of California and of the United States as appropriate.

4. Inclusions

4.1. The following documents are included and made part of this contract.

Title
4.2. Dictionary of Terms

5. Background

5.1. EdUGames is in the business of providing an educational computer game on the World Wide Web. The game consists of Rounds of material that can be organized into Sets that cover a specific area like Baseball, or Current Events. In order to facilitate open and creative expression, EdUGames contracts with individuals to maintain web sites on the EdUGames Server that contain Sets along with anything else that will facilitate the use of the Site by players such as contests. Because compensation is directly related to revenue generated by the site, it is expected that competition for Game Mastership of popular sites may become intense.

The Sets so created should appeal to players in various ways as decided by the Game Master. For example, a Game Master might create three Sets each week to cover a specific subject area and grade of the California School Systems. Teacher may then task their Students with playing the Set for homework, or Schools may use the Set in a weekly contest, or Students may play the Sets on their own to improve their understanding of the subject.

The Game Master may post the winners each week, or track progress, or facilitate communications in the ad-hock community that this creates. The concept is to provide a place that is always being updated and to which players can go for a continuing experience.

6. Ownership of Intellectual Property Rights
6.1. The Game Master certifies by his/her postings to the Web Server that the selection of Rounds is his/her original work, and, to the best of the his/her knowledge, the selection is not claimed by another present or former Game Master.

7. Quality of Content
The Game Master is responsible for the quality of the material posted to the Site. To the best of his/her knowledge all material will be correct, error free and will not contain any inflammatory language, indecency or obscenities.

8. Restrictions
8.1 The Material on the Game Master's site is owned and copyrighted by him/her. It is the intent of EdUGames to allow a Game Master to be as creative as possible in developing a site, however he/she must exercise good judgement in the use of words and images and the selection of material. EdUGames places responsibility on the Game Master to comply with all applicable laws and holds the Game Master liable just as if he/she was posting to his/her own public web site.

9. Procedure for Becoming a Game Master
9.1. Anyone who wants to become a Game Master must first complete the Contractor Application Form, specifying the scope of the site.
9.2 EdUGames will review the proposal and approve or disapprove it and negotiate the scope of the site.
9.3 If approved, EdUGames will set up a site on the EdUGames Web Server and assign it to the Game Master.
9.4 EdUGames will assign the Game Master to a Supervisor who will be in charge of him/her and will be responsible for providing the necessary authorization codes and instructions on how to maintain the site.
9.5 For the first 6 months, the Game Master will be on probation and can be terminated without cause.
9.6 The Supervisor will work out an approval plan for site postings and will be responsible for reviewing the work of the Game Master.

10 Scope of the Site
10.1 The authorizing document or email will specifically lay out the scope (subject area) of the site and the Game Master is required to stay within it. He/she is also required to continually and completely cover the subject area so specified. If he/she fails to continually and completely cover the area, the scope may, at the discretion of EdUGames, be revised and parts may be reassigned to others. If a Game Master finds that he/she can not sufficiently cover the specified area, he/she may request a revision of scope or apply to become a Supervisor of the area. In the latter case, he/she creates multiple scopes covering the area and works with EdUGames to acquire additional Game Masters to cover said areas to which he/she becomes the Supervisor. In this way he/she moves up the EdUGames ladder.
10.2 A person may be more that one Game Master and handle multiple sites, however, each contract is separate.
10.3 A Game Master is responsible for maintaining his/her site and should, as soon as possible assign a backup to cover things in case of absences, emergencies etc. If this is not possible, he/he should work closely with the Supervisor to insure coverage.
101.4 The use of the site to further a cause is allowed only as specified in the assigning scope. An example might be a site on Women's or Afro-American History. However, at no time will material that is not truthful be allowed, and at no time will material be allowed that has the potential to create discord and resentment.

11 Responsibilities of a Game Master
11.1 A Game Master is responsible to completely cover the scope of the site. This means that he/she should work with the Project Managers to create the Rounds necessary to do so. A Game Master may also be an Author and/or a Project Manager. In the early days of EdUGames this will be common.
11.2 A Game Master is responsible to continually update a site as required in the scope. If it is a site on Ancient History, this may not be as often as a site on Current Events. However, if he/she sets up a periodic event, like a Weekly Set, then he/she is required to keep it up, or terminate it and handle the consequences with the players.
11.3 A Game Master is required to answer email from players as they pertain to his/her site and will represent EdUGames in a positive light at all times.
11.4 A Game Master is responsible for keeping his/her Supervisor informed as to what is happening at the site.
11.5 A Game Master is responsible for the look and feel of the site as well as the accuracy and quality of the graphics and other multimedia aspects of the site.
11.6 A Game Master is responsible for the adhering to copyright laws in respect to his/her site, especially in the area of posting images.
11.7 Unless specifically authorized in the scope, a Game Master shall not post material that would be deemed offensive by the average US citizen.
11.8 If a Game Master has a grievance with EdUGames, he/she will follow internal channels and will not "go public" with the grievance, especially denigrating EdUGames in anyway on the site.
11.9 Nothing in this contract precludes a Game Master from also being an Author and using his or her own Rounds, except the Rounds must be created and approved in the same way as any other Author.

12 Termination
12.1 More than any other type of position in the EdUGames organization, the Game Master is a direct interface with the public and continues at the sole discretion of EdUGames.
12.2 Updating the site is especially important in the case of an Educational site covering a school subject like 4th grade history or a weekly current events site. Students, Teachers and everyday players will grow to depend on the site each week and failure to update the site can be grounds for immediate termination of the contract.

13. Dispute Resolution

The parties to this contract hereby agree to have any dispute, controversy or claim arising out of or relating to this contract in any manner, form or method, submitted to binding arbitration with a neutral Internet Arbitration Firm such as www.squaretrade.com, www.arbitration-forum.com or other similar firm as chosen by EdUGames.  In so agreeing, the parties expressly waive any right they may have to a bench or jury trial.  They further agree to abide by said firm's Rules of Arbitration and that the award of the arbitrator will be final and binding upon them as if rendered by a court of law, and enforceable by any court having jurisdiction over the same.  

In the event that the above arbitration requirements are, for whatever reason unenforceable, parties agree to resolve legal disputes in the Courts of the State of California.

__________________ ___________________ ________________
EdUGames - Date, Game Master - Date, Legal Guardian- Date