Gameolith Partner Agreement

Last revised 2012-07-03.

This is an agreement between the following two parties:

  1. The Developer, whose name, company name (if applicable) and address are stated in the section entitled “Acknowledgement and agreement of terms”.
  2. 736 Computing Services Limited, a company incorporated in England and Wales, having its registered office at 3 Bargate Close, Motspur Park, New Malden, Surrey, KT3 6BG, United Kingdom (referred to as Gameolith and the Distributor, as defined under “Definition of terminology”).

By both parties stating their agreement with these terms, they are agreeing to be bound by the terms and conditions of this agreement. Both parties must be at least 18 years of age (or the age of majority in their jurisdictions). If either party violates these terms, the agreement may be terminated and games involved in this agreement be removed from the Gameolith Platform.

This agreement is subject to the laws of England and Wales.

Definition of terminology

Submitting games to the Gameolith Platform

Application of terms

The terms within this section apply on an case-by-case basis to each Game submitted to the

Gameolith Platform for distribution. Agreement to these terms indicates agreement to these terms for every Game submitted to the Gameolith Platform for distribution. The terms no longer apply to a Game upon its removal from the Gameolith Platform.

Clarification of terminology

When the term Game is used in this section, it refers to an individual Game which is or will be

available on the Gameolith Platform for sale and distribution.

When the term Authorised Customer is used in this section, it means a customer who has

purchased the Game, or a license to use the Game through the Gameolith Platform.

Game submission requirements

Copyrights, Trademarks and other Intellectual Property

The Developer agrees that by submitting a Game to the Gameolith Platform, they own the copyright of, or have the right to commercially exploit the Game, and that by submitting the Game to the Gameolith Platform, are responsible for dealing with any and all copyright or intellectual property matters that may arise from the result of distributing the Game. In short, the Distributor holds no responsibility nor liability for any form of copyright or intellectual property dispute relating to the Developer’s Game, whether it is distributed on the Gameolith Platform or not.

The Developer agrees to grant the Distributor a non-exclusive licence to the Developer’s trademarks and copyrights within assets provided to the Distributor, to use them throughout the Gameolith Platform and in external advertising, the scope of which is to advertise the presence of the Game on the Gameolith Platform. The Developer also agrees to grant the Distributor the non-exclusive right to distribute the Developer’s Game on the Gameolith Platform to Authorised Customers.

The Distributor agrees to grant the Developer the non-exclusive right, which is transferrable at the Distributor’s discretion, to use the Gameolith logo, trademark(s) where applicable, trade names or any other materials provided to the Developer by the Distributor in order to promote the Developer’s Game and its placement on the Gameolith platform.

The Distributor does not and will not assert any copyright or intellectual property rights over the Developer’s Game and its provided materials.

Game information

To submit a Game the Developer must provide certain information to the Distributor, which will be used to:

  1. Inform potential buyers about the Game through the Gameolith Platform.
  2. Promote the Game on the Gameolith Platform.
  3. Build Packages for Authorised Customers to use.

This information will be requested separately from this agreement before the Game will be distributed on the Gameolith Platform.

However the following details must be supplied to the Distributor, and such details must be accurate:

Game files

Every Game will have Gameolith Packages built for Gameolith Supported Platforms, if compatible packages have not been provided by the Developer. Therefore, you will need to provide your Game Files in a supported format. Game files must be provided for all of the Gameolith Supported Platforms, unless the Developer or Publisher has been specifically restricted from distributing the Game Files for a particular platform, or a separate arrangement has been made with Gameolith regarding the distribution of a particular set of Game Files.

The Game Files can be submitted in any and all of the following formats:

  1. exe installer for Windows games
  2. dmg package for Mac OS X games
  3. zip, tar (and by association, tar files compressed with gzip, bzip2 and lzma) and 7z containing the Game Files in either source code or as compiled executable files.
  4. deb package - if no equivalent RPM package is provided, this package will be converted to RPM
  5. RPM package - if no equivalent deb package is provided, this package will be converted to deb
  6. MojoSetup/Loki Setup (.run) executables
  7. A disc image in ISO or IMG formats. The copy protection used (if any) should not prevent the game from being executed on our test systems without the disc image.

Game Files submitted for inclusion on the Gameolith Platform will be converted into Gameolith Packages and distributed to Authorised Customers.

Digital rights management

You must notify us as a part of the Game submission procedure of any and all Digital Rights Management systems in use on the Game. You must also notify us of the maximum number of activations in place on the product (if any), using the criteria specified during the Game submission procedure.

If you are not utilising digital rights management with a particular Game, you must also notify us within the Game submission procedure. If the game is available for sale without the use of digital rights management at another digital distributor, you must provide a DRM-free copy to Gameolith.

If your digital rights management system uses product keys, you should provide Gameolith with either:

  1. A minimum of 1000 product keys. Up to 10 keys may be used for internal testing, and their use will not be recorded as purchased items.
  2. Access to an API which will allow us to generate product keys for our customers at the point of purchase. The product keys will be stored in the Gameolith Platform for the convenience of the Authorised Customers.

You must apply any and all digital rights management systems to the Game Files before they are provided to us. The DRM must not prevent us from creating Gameolith Packages.

If the DRM applied to the Game Files prevents us from creating Gameolith Packages, we will

contact you forthwith requesting Game Files which do not prevent us from creating Gameolith Packages.

Demos

Game demos will be promoted prominently on the same page that the Game will be made available for sale, and made available for download at no cost to the Developer or the User(s).

The Developer should provide the game demo's files in a supported format, as defined in the section titled “Game files”.

Promotional assets

Before the Developer’s Game can be distributed on the Gameolith Platform, you need to provide the Distributor with certain assets so it can be promoted and published.

  1. Two (2) "title images" - containing artwork used to market the Game, or the game's logo. They must be in high-quality JPEG or PNG format. One title image should be scalable to a width of 535 pixels and a height of 272 pixels. The second title image should be scalable to a width of 856 pixels and a height of 337 pixels.
  2. One (1) piece of case art - A high-resolution (scalable down to 180x279) copy of the case art for this game. It should be of the front cover only, if possible. A mockup is acceptable if the game is not being distributed physically.
  3. One (1) icon - One icon, at a minimum size of 128x128 pixels (scalable to a size of 12x12 pixels). It must be in either SVG or PNG format. The icon will be used as the Game icon in Gameolith Packages.

Pricing, profits and services accessible to Authorised Customers

You receive a percentage of revenue from each sale of a Game. This percentage is defined as

follows:

  1. If the Game has a price of $5, £5, €5 or more, the Distributor shall keep 30% of the revenue, and the Developer receives 70%.
  2. If the Game has a price of $4.99, £4.99, €4.99 or less, the Distributor shall keep 20% of the revenue, and the Developer receives 80%.
  3. If the Game has a price of $0, £0 or €0, the Distributor takes no revenue. Neither will there be any costs incurred by distributing free games/demos on the Gameolith Platform.

Pricing of a Game is set by the Developer. Any and all transaction fees incurred are covered by the percentage of revenue Gameolith keeps per sale. You will never be liable for these fees.

In the event that Value Added Tax must be charged by the Distributor, the tax will be calculated separately from the price and charged to the User at the point of sale.

Each Authorised Customer shall have an unlimited number of downloads of the Game from their personal Gameolith Package Repository. This is independent of any activation limits in place on the Game's DRM, if any.

Payment of revenue to the Developer

Revenue earned by the Developer from sales of their game will be placed into the Developer’s Gameolith Credit balance. This balance can be withdrawn from upon request with the following payment options:

  1. Posted cheque (Pounds Sterling only)
  2. PayPal payment
  3. Google Checkout payment (Pounds Sterling only)
  4. Moneybookers payment
  5. Wire transfer
  6. Bank transfer (Pounds Sterling only)
  7. UK postal order (Pounds Sterling only)

A minimum withdrawal of 200 US Dollars applies, based on the contents of the Gameolith Credit balance (other currency converted to US Dollars where applicable). A payment below the minimum can be provided on request, but at the sole discretion of the Distributor.

If the Developer chooses to receive payment by posted cheque, the Developer will need to provide the Distributor with a name for the cheque to be made out to.

If the Developer chooses to receive payment by PayPal or Google Checkout, the Developer will need to provide the Distributor with an e-mail address that the payment is to be sent to.

Wire transfers cannot be made in Pounds Sterling to US bank accounts. Other restrictions may apply due to monetary laws around the world.

Further payment options may be added at any time. You can switch to and request differing payment methods by contacting the Distributor at any time.

Termination

This agreement can be cancelled by the Developer on condition that 30 days advance notice is given to the Distributor. Likewise, this agreement can be cancelled by the Distributor with 30 days advance notice to the Developer. The Developer’s Games will be removed from sale on the Gameolith Platform within the 30 day advance notice period.

Authorised Customers who have purchased copies of the Developer’s Games will continue to have the ability to download their purchased Games, regardless of the cancellation of the agreement.

One further e-mail statement will be sent detailing the remainder of the revenue up until

cancellation. The payment for that revenue will be sent as detailed in the e-mail statement.

Upon the delivery of the final payment, all rights contained within this agreement are cancelled, and will have no further effect. The Developer’s Games will be removed from sale on the Gameolith Platform as a result.

Upon the termination of this agreement, all rights outside of this section that have been granted to the Developer by the Distributor, and to the Distributor by the Developer are revoked.