Collaboration Agreement
1. Collaboration on  Authorship
The parties  to  this  Agreement agree  to  collaborate  in making a  _________________  about _________________  tentatively  entitled _________________, and referred  to in this  Agreement  as  "the Work." The  parties shall  also fully and  completely cooperate  with  regard to the  promotion and exploitation of the Work and all ancillary,  subsidiary,  related and allied rights (the "Ancillary  Rights").
2. Copyright  Ownership
This collaborative  work is  considered  a  Joint  Work  under  copyright  law,  and  will result in an equal  split of ownership  among the  authors. Each  party agrees  to  keep the other fully apprised  of all  matters  regarding  the  exploitation of  the Work and  the  Ancillary Rights,  including but  not  limited  to,  offers,  negotiations, and communications from interested  third  parties  regarding the  purchase  or  lease  of  production rights  in  the  Work. In  the  event  that  a  trade  or service  mark  is generated or otherwise  developed from  the  Work  or  the Ancillary  Rights, the parties  shall  be  co-owners  of such trade  or service  marks.
3. Responsibilities  of  Each  Party
Each  party  shall  perform  and  fulfill,  promptly,  actively  and  on  time, all  of its  obligations  under the Agreement. Each party will  contribute  to  the  efficient  flow of  information  and  access to  relevant  data according  to  the agreed access rights  and confidentiality rules  to  ensure the efficient  execution  of  this  Agreement. Each  party shall inform other parties in  the  project  of  relevant  communications it  receives from third parties in  relation  to the  project.
4.  Individual  Acts
Any contract that in any  way affects  the  rights to  the Work must  be  signed by  both parties.  Either  party may grant a power of attorney  to  the  other  party for this  purpose.
5.  Agents
The  parties  will agree  on the  selection of  the  agent (the "Agent"),  if any, who will exclusively represent the  parties  regarding  production  and  exploitation  of  the Work  and  the Ancillary Rights pursuant  to  written a written  agreement  (the  "Agency  Agreement"). In the event  that  the  parties  are  unable  to select  an  agent  within  a  reasonable period  of time, each party shall  be  permitted  to  negotiate regarding the exploitation  of  the  Work and the  Ancillary Rights,  but  such party  will  not be entitled  to  charge or  receive  any  agency  fee  or commission.
6. Changes  in  Completed Work
Neither party  will  have  the right  to  make  any change in the  completed  Work without  the written  consent of the  other  party, which  consent  will not  be  unreasonably withheld  by  either  party.
7. Production  Agreements
All  contracts  concerning rights  in the  Work, including  the  Ancillary  Rights,  will be  in  duplicate,  and each party will  receive  a copy thereof.  Neither party will enter  into  any agreement  concerning the  rights  to the completed  Work  unless that  agreement provides that all sums  due to  each party  under  the agreement  will be paid  directly  to  that party  or  as  provided  in the Agency Agreement.
8.  Authorship  Credit
The  credits on the  Work and those Ancillary  Rights  in  which  the copyright is co-owned,  including publicity  notices,  billings,  and posters, shall read  _________________  by _________________  and _________________. The type family and  point size shall be the  same.
Neither party  will  enter  into any agreement  concerning  the  completed Work  unless  the  agreement contains a  provision  specifying  that authorship credits shall  be  as set forth  in  this Clause.
9.  Alienation of  Author's  Rights
No party  shall  be  permitted  to  sell, pledge,  lease,  assign,  or  otherwise  dispose of  or  encumber  his/her rights  in  the  completed  Work without the consent  of the other  party, which  consent  shall not  be unreasonably  withheld.
If either party  intends  to sell, pledge,  lease, assign,  or  otherwise dispose  of  or  encumber his/her rights  in the  completed  Work,  that  party will  give the other party  written  notice of  the  price and  terms  under  which the transaction will be affected. After  the notice period,  the notified party  will have the  option to withhold consent if  any  substantial  duties  remain to be  performed  by  either party or to purchase the  selling  party's rights at  the  price  and  on  the terms  set  forth  in the  notice  within  30 days. If the option contained  in this Paragraph is not  exercised  within the specified time  period,  the  selling  party  may sell  his/her  rights  at  the price  and on the terms set forth in the notice  and,  in that  event, the  selling party  will  provide the  other party  with  a  copy  of  the  sales  agreement between  the  selling party and the purchaser. The  purchasing party shall  have no  rights to the Work and the Ancillary  Rights other than the right to  receive  revenues  as provided  in  this  Agreement.
10. Confidentiality
It  is agreed  to  and  understood by the parties that  the  materials  provided  by each  to  each  shall be held  in the strictest  confidence  until such  materials  are  accepted  for  publication  or other  exploitation.  For  any other document or  other  material communicated as  being  confidential, the period  of  confidentiality  shall be  at  least  __________  years  from the  date  of  such communication.
11.  Force  Majeure
Force majeure shall mean  any unforeseeable and  exceptional event affecting  the contract  and  the implementation of  the project by one or more  parties,  which is beyond their control, is  unforeseeable  and insuperable and  cannot  be overcome  despite their  reasonable  endeavors.  Any  default on  the  part  of the party  does  not  constitute  force  majeure.
12. Division  of  Expenses  and Proceeds
All proceeds from the exploitation of the Work  or  co-owned  Ancillary Rights  will  be  divided between  the parties according to  the HyperFundIt LLC’s  Payment  Structure which  states  the  following:
“There are  four  different  payment  structures that  the  Visionary  chooses between  during the  campaign building  process. The payment structure  that  the Visionary chose will  be  displayed on every campaign  for the Influencer to see prior to agreeing  to making content for a  campaign.
In  all payment  structures,  HyperFundIt collects  15% of the total funding.
A percentage of the  donations  will  be  set aside  to  pay  Influencers  who  Hyped  the  Visionary’s campaign. This percentage  is  decided  by  the Visionary who  chooses  a  payment  structure before the Pre-launch of  his campaign. This percentage  of  donations promised  to the Influencers  by the Visionary  will  be  split amongst the Influencers  respectively  to  the  percentage  of traffic  generated by  each  Influencer. The incoming traffic  is  tracked through individual Bitly  links provided to each Influencer  by  HyperFundIt. The percentage  of traffic  is  calculated  through Bitly sessions.
The  payment  structures  are as  follows:
“Hyper  Funding” -  This is for Visionaries who  are  focused on raising funds  to  expand  or advance their products.  The Visionary retains 65% of the total funding, Influencers receive 20% of the total funding.
“Half  &  Half”  -  This is for Visionaries  who  are  concerned about  raising funds  and getting  their name  out there.  The Visionary retains 42.5% of the  total funding, Influencers receive  42.5%  of the total funding.
“Heavy Marketing”  -  This is for Visionaries who  are  looking to  raise  awareness  of  their products or services.  The  Visionary  retains 20%  of  the total  funding, Influencers receive 65% of the total funding.
“Custom”  - This  is for Visionaries who require a flexible payment structure. The Visionary determines the percentage  of the total funding to retain and the percentage to give to Influencer(s).”
Any expenses  incurred  by the parties in exploitation of  such rights will be shared as follows:
__________________  percent  by  Party 1
__________________  percent by  Party 2
With respect  to  proceeds from  the  exploitation of separately-owned Ancillary Rights,  the individual owning such  rights  shall receive  all such proceeds  (minus  any necessary  or agreed-upon  expenses incurred  in  the  exploitation  of such  Ancillary  Rights).
All  gross  proceeds and  all accountings thereof shall  be provided to  the Agent,  who  shall  pay  the appropriate  disbursements  pursuant  to  the  underlying  Agency Agreement.
The parties  agree that each shall be solely responsible  for his or her own tax  payments  and neither shall hold  the other liable  for any  default,  delinquency,  misfiling, or penalty related to  such  tax  payments, whether at local, state,  federal,  or  international  levels.
13. Term  and  Termination
This  Agreement shall come  into force as of the date  of its signature  by the parties.  This  Agreement will remain in effect throughout the term of the copyright  and  any  extensions of  the  copyright in  the  Work.  If either party  dies during the  term of this  Agreement,  the  surviving party will have  the  exclusive right  to  act in  all  respects as though the survivor  were the sole author; provided, however,  that  the  name  of  the deceased party  will continue  to  appear in all  credits  as  specified  in  Clause 8  of this  Agreement,  and the decedent's estate will  be entitled  to receive all  monies and documents that  the  decedent,  had  the  decedent lived,  would  have  been entitled  to receive  under this  Agreement.
Any default by either party under this Agreement, including  but not limited to,  a  breach of obligations  and covenants, a failure to accord or adhere to  publishing  or other schedules, a failure  to  exploit, unauthorized exploitation, or an unauthorized assignment or  sublicense  ("Event of Default"),  shall give  the non-breaching party  the  right  to  demand  in writing that the breaching  party  cure the Event  of  Default within fifteen  working days,  after  which  time the  non-breaching party shall  have the  right to  immediately terminate  this  Agreement.  If  a breach  occurs after acceptance of the final  draft  of  the  manuscript  for the Work  or  after  the  licensing  of an Ancillary Right  in which  the  copyright  is  co-owned, the  breaching  party shall  nonetheless fulfill his or  her  obligations  with regard to  promotion.
14.  Dispute  Resolution
The  parties  will  attempt to  resolve  any  dispute arising  out  of  or relating  to  this  Agreement through friendly negotiations amongst the parties. If the  matter  is  not resolved by  negotiation,  the  parties  will resolve  the dispute using the  below  Alternative Dispute Resolution (ADR)  procedure.
Any  controversies  or  disputes  arising  out  of or relating  to  this  Agreement will  be submitted to mediation in  accordance  with any statutory rules of  mediation.  If  mediation is not successful in  resolving  the  entire dispute  or is unavailable, any outstanding  issues  will be submitted  to  binding  arbitration  under the  rules of the American  Arbitration  Association. The  arbitrator's  award will be final,  and  judgment  may be  entered upon  it  by  any  court having  proper  jurisdiction.
15.  Governing  Law
This  Agreement  will be governed  in  all respects by the law of  the  State of  _________________.
16.  Notices
All notices  to  the  parties will be  in  writing  and  will  be  sent  to  the address of the  party  stated at  the beginning  of  this  Agreement  by  overnight  mail with a  copy  to  the  Agent,  if any.
17.  Entire Agreement
This Agreement  is the parties' entire Agreement,  and  replaces  and  supersedes  all  prior written  and oral agreements,  with respect to this  Agreement's  subject matter.
18. Severability  of Invalid Provisions
If  any  provision  of this  Agreement  is  deemed unenforceable, that provision  will  be  omitted  only to the extent  necessary  to  make this Agreement  valid and enforceable,  and  the  remaining provisions will remain in full force and  effect.
19. Amendments
Amendments  or changes to  this  Agreement shall  be  valid  only if made  in  writing  and  signed  by  each  of the  parties.
20. Headings
The  headings  are  inserted for convenience in reference only  and  are not intended by  the  parties  to  be  a part of  or to  affect  the  meaning or  interpretation  of  this Agreement.
21.  Waiver
No  term or  provision  of  this Agreement shall  be  deemed  waived and  no breach  excused  unless  such waiver or consent shall  be  in writing signed and dated  by  the  party  claimed to have  waived or consented.
22. No  Joint  Venture
This  Agreement shall  not be  construed to place  the  parties  in  the relationship  of partners or joint  venturers nor constitute  any  party  the  agent of any other party, and neither  party  shall have  the power to obligate or bind the  other party in  any manner  whatsoever.
23. Reservation  of Rights
Any  rights  not  expressly  granted by  a  party  to  this  Agreement  are reserved to that  party.  Without  limiting the foregoing,  nothing  in this Agreement shall be  construed  to  prevent the parties from creating a  work not  involving  ________________.
24.  Additional  Documents
Each  member  must execute  all  additional documents  and  take  all actions  as are  reasonably  requested by the other  members in  order  to complete  or  confirm the transactions  contemplated  by this Agreement.
25. Successors  and  Assigns
This Agreement shall be binding upon  the  parties'  heirs,  assigns,  successors-in-interest,  executors, administrators, and  any  other  persons  or entities  acquiring  an interest  through transfer, conveyance, succession, or  inheritance, as may  be  permitted herein. I  understand and agree  that  this  is  a  legal  representation of  my  signature.
__________ (Project Creator Signature) ___________________ (Date)
__________ (Influencer Signature) ___________________ (Date)
Please send us this document completed in PDF format, signed by both the Project Creator and the Influencer.
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