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Points Culture Literatury Work Non Exclusive Contract
Points Culture Literatury Work Non Exclusive Contract
Agreement
Address: 7030 ANG MO KIO AVENUE 5 Address: Mataas Na Kahoy, General Mamerto
SINGAPORE(569880)
ID number::154415
E-mail:yangchangtao@pointsculture.com E-mail: solielshinho@gmail.com
otherwise specified:
1.1 Non-Exclusive license: Party B will license all rights (all rights
including but not limited to copyright, intellectual property
rights, etc.) arising from its work except for the right of
attribution only to Party A to enjoy and use. [including but not
limited to (1) Party As own enjoyment and exercise, (2) Party
A transfer and license to any third party to enjoy and exercise
without Party Bs consent or notice]. and Party B's non-
exclusive license to Party A is the sole, non-exclusive,
irrevocable and perpetual license worldwide.
1.2 Affiliate: refers to any company, enterprise, organization, or
other legal entity controlled by Party A or controlling Party A
or jointly controlled with Party A by any other judicial entity.
1.3 Distribution Rights: Distribution right: refers to the right to
distribute the work and all ancillary or other rights and
ancillary rights related thereto (including sound recording), as
well as the right to distribute the work in all media and all
Windows (including but not limited to Internet rights, cinema,
video, television, aviation) and other common carrier
distribution rights.
1.4 Internet Rights: refers to all the rights including copyright in
the Internet, wired, wireless or other new media, regardless of
the transmission means (transmission means including but not
limited to the Internet, wired, wireless, mobile transmission,
etc.), whether it is done either through any form of new media
or encrypted downloads.
1.5 Net Income: refers to the income portion after costs (including
but not limited to channel costs, operating expenses etc.) are
deducted from Party A's direct income from operation.
1.6 Other Digital Channels: refers to all electronic channels other
than Party A's Web Channels.
1.7 Channels: refers to including but not limited to the channels of
Party A’s affiliated companies.
1.8 Party A’ s Competitors: refers to companies, enterprises,
economic organizations, and affiliates engaged in the creation
of literary works, online reading business of online novels and
published books, publishing operations of literary works,
copyright agents, copyright sales (including but not limited to
publishers, book companies, copyright agents, online reading
websites, etc.), and websites, forums, and mobile terminal
products of the above companies, enterprises, economic
organizations, and affiliates.
1.9 Party A’s Web Channel(s): refers to web channels operated
by Party A, including but limited to Party A’s own web
channels, Party A’s web channels with full or partial or
specific right of use, any third party’s web channels with
cooperative relationship with Party A, web channels with
associated relationship with Party A, etc., the affiliated
companies of websites located under the partner platform
(provided by Party A), connection and distribution channels
(provided by Party A).
1.10 Work Income: Party B’s revenue refers to all the
remuneration that Party B can get for the full and proper
performance of this Agreement. The revenue that Party B can
obtain shall be implemented in accordance with the
cooperation rules of Party A’s platform and the provisions of
this Agreement, and Party B shall recognize and accept it.
1.11 Party A’s Platform Cooperation Rules refers to the FameInk
writer cooperation rules announced by Party A's platform or
after modification or adjustment, which are subject to the final
presentation on the FameInk platform, Party A has the right to
adjust or modify them at any time, and Party B
unconditionally agrees and accepts the adjusted or modified
FameInk writer cooperation rules.
1.12 Completion Criterion:At least 30,000 words or more.
The star rate of the Work is assessed by the rules of Party A’s
platform, different stars can get the corresponding reading bonus
and readers’ tip.
Star Rating
Reading bonus Readers’ tip
1star $0.02/1000 chapter read 40%
2stars $0.03/1000 chapter read 50%
3stars $0.04/1000 chapter read 60%
4stars $0.06/1000 chapter read 70%
5stars $0.08/1000 chapter read 80%
In addition to the above revenues, the parties shall negotiate
separately regarding the distribution of the following revenues of
the Work, and if the negotiation fails, Party A shall distribute
[40%] of the net profits to Party B: (1), the revenues obtained from
the Work through marketing and/or promotional activities in Party
A's network channels; (2), the revenues obtained from the
distribution rights of the Work through other digital channels. Party
A's costs are based on the data provided by Party A.
7. Terms of Payment
7.1 Prerequisites for payment of remuneration.
Party A shall make timely and full payment under this Agreement
provided that Party B meets the following prerequisites.
7.1.1 Party B shall deliver the works that meet the acceptance
requirements of Party A and obtain the written consent of
Party A.
7.1.2 The withdrawal threshold of our platform is $80.
7.2. The previous month's income will be automatically billed on the 5th
of the following month. Party B shall confirm the payment
information with Party A as soon as possible and make sure to
reply Party A’s editor within five working days before the end of
the following month. Party A shall remit the payment to the
account bound to Party B within five working days after
confirming the payment information with Party B; If Party B loses
contact and fails to reply, the release of income shall be postponed
automatically until Party B replies and both parties confirm that the
payment information is correct
7.3. Party A shall have the right to make payment in US dollars or
equivalent amount in Party B's local currency. The applicable
exchange rate is based on the real-time exchange rate of the
relevant payment channel on the date of remittance.
7.4 Information on other related payments.
Party A shall have the right to pay the amount due to Party B after
deducting withholding tax and party A's remittance fee, and Party A
shall have the right to deduct taxes payable by Party B from the
amount payable to Party B. Party A may provide Party B with the
means to inquire and verify Party B's remuneration, and Party A
shall not be obliged to provide Party B with any other notice in
respect of such remittance. If Party B fails to provide its account
information to Party A in a timely manner, or fails to pay or incur
other payable expenses due to the account information provided, all
problems and legal liabilities arising therefrom shall be borne by
Party B.
8. Confidential Information
Party A and Party B agree that Party B has the obligation of
confidentiality with respect to trade secrets or confidential
information that Party A may obtain or become aware of in the
course of this cooperation. In addition to the legal authorization
required to disclose or with Party A’s written consent to disclose, if
Party B uses or discloses trade secrets and/or confidential
information in violation of this Agreement and causes any direct or
indirect loss to Party A (whether damage to reputation or economic
loss). Party A may require party b to fully compensate for the
losses, and Party B shall pay liquidated damages to party a
$100000, and, Party A shall have the right to suspend, cancel or
terminate this Agreement accordingly.
10. Miscellaneous
10.1 Party B only enjoys the right of authorship of the agreed works, and
all other copyrights related to the works, copyright and other rights
and property rights based on the works are enjoyed and exercised
by Party A.
10.2 Party A has the right to transfer its rights and obligations under this
Agreement to Party A's heirs, affiliated companies or other third
parties. After the transfer, Party A shall immediately notify Party B
without obtaining Party B's consent or informing Party B before the
transfer, and the transfer shall take effect from the date when Party
A (or related heirs, affiliated companies or third parties) sends a
notice to Party B. For any notice made in accordance with the
provisions of this Agreement, either party may send the notice to
the other party by using the address, email and telephone number
on the first page of this Agreement (the contact information
designated by both parties). Party A must also send this notice to
Party Bs user account registered on Party A's network channel.
10.3 The validity period of this contract starts from the signing date of
this contract to the date when both parties reach a consensus to
terminate this contract or when Party A unilaterally terminates this
contract.
10.4 Party A only makes a preliminary review of the works and their
rights certificates submitted by Party B. Due to the objective
conditions, it is impossible for Party A to ascertain the authenticity
and legality of the works and their rights certificates submitted by
Party B, so Party A's review of Party B's works does not exempt
Party B from its tort liability, Party A's approval of Party B's works
does not mean that Party B's works have no possibility of
infringing any third party's legitimate rights and interests (Legal
rights and interests include but are not limited to all rights,
copyright and property rights), and Party B shall bear all the
responsibilities arising from the infringement of the works
uploaded and submitted by Party B, so all losses caused to Party A
shall also be borne by Party B.
10.5 For any notice made in accordance with the provisions of this
Agreement, either party may send the notice to the other party by
using the address, email and telephone number on the first page of
this Agreement (the contact information designated by both
parties). Party A must also send this notice to Party Bs user
account registered on Party A's network channel.
10.6 This Agreement shall be governed by and interpreted in accordance
with Singapore laws. Both parties agree that all controversy,
disputes, differences or claims arising from or related to this
Agreement shall be under the jurisdiction of the court where Party
A resides.
10.7 Any annex is the integral part of this Contract. The annex and this
Number身份证号
(Legal personal ID
such as passport,
driver's license, ID
card, etc.)
Mobile Phone移动电 639267128665 Whatsapp Shinho Silvenia
话 /Line/
Facebook
(Include country 社交账号
code)
Email电子邮箱 solielshinho@gmail.com
Annex II
Letter of Authorization
I Lovie Tomas, (Pseudonym: X-lapel, ID number:154415 ), am the author
of HER SERIES #1: Coloring Her Discoloration (hereinafter referred to
as "the work"), and have the copyright of this work.
I hereby grant to POINTS CULTURE INTERNATIONAL PTE. LTD. a
worldwide, non-exclusive, perpetual, irrevocable, freely transferable, re-
licensable license to all copyrights in this work, including but not limited
to distribution rights, broadcasting rights, information network
transmission rights, modification rights, filming rights, compilation
rights, translation rights, adaptation rights. All copyrights based on the
agreed work also include distribution rights, sales rights, and together
with any and all intellectual property rights of the work. The term of the
license shall be from the date of signing of this Agreement until the last
date in which the protection period for all copyrights in the Work has
expired.
POINTS CULTURE INTERNATIONAL PTE. LTD. may use the above
mentioned rights in such manner or by such measures as it deems
reasonable and has the right to transfer such authorization to other parties,
and I confirm that I shall not object to this and voluntarily assume all
responsibilities arising therefrom.
I hereby declare.
Licensor (signature):
Date: 5/12/22