Child Author Publishing & Royalty Agreement

This Child Author Publishing & Royalty Agreement (“Agreement”) is entered into between:

and

Parent / Legal Guardian:

acting in their capacity as the Parent or Legal Guardian of:

• Child Author:

(“Child Author” or “Author”).

The Parent or Legal Guardian confirms that they have the necessary legal authority to enter into this Agreement in relation to the Child Author.

The purpose of this Agreement is to regulate:

• publication of the Child Author’s book;
• copyright ownership;
• DKK Publishing’s publishing rights;
• illustrations and other DKK Publishing intellectual property;
• ISBN administration;
• printing;
• distribution;
• marketing;
• sale of additional copies;
• royalties;
• royalty statements;
• payment of royalties;

withdrawal of the book; and

termination of the publishing relationship.

• Book Title:
• Child Author:

Author Display Name:

Story Type:

[ ] Preset Theme

[ ] Create Your Own Story / Theme

Preset Theme, if applicable:

ISBN:

or

ISBN to be allocated following application.

DKK Publishing recognises the Child as the Author of the Child’s original written story.

Where the Child creates original sentences, paragraphs, dialogue, descriptions and storyline content, that original written contribution shall be attributed to the Child Author.

Nothing in this Agreement is intended to falsely represent DKK Publishing as the author of the Child’s original written story.

Subject to applicable South African copyright law, copyright in the Child’s original written story remains with the Child Author unless otherwise lawfully agreed in writing.

The Parent and Child do not transfer ownership of the Child’s original story copyright to DKK Publishing merely by purchasing a publishing package or agreeing to publication.

Instead, the Parent, acting on behalf of the Child Author, grants DKK Publishing the publishing licence described in this Agreement.

Where the Child uses a DKK Publishing preset theme, a distinction exists between:

the Child’s original written contribution; and

the DKK Publishing materials used to guide or create the story.

DKK Publishing retains its applicable rights in its original:

• preset themes;
• theme names where protected;
• illustrations;
• picture sequences;
• templates;
• layouts;
• prompts;
• artwork;
• characters created by DKK Publishing;
• Educational Aids;

designs; and

other original DKK Publishing material.

The Child’s copyright in their original written contribution does not transfer ownership of DKK Publishing’s underlying materials to the Child.

Where the Child selects the Create Your Own Story / Theme option, the Child may create an original title, storyline, characters and written story.

The Parent warrants, to the best of their knowledge after reasonable supervision, that the submitted storyline does not deliberately infringe the copyright, trade marks or other intellectual property rights of another person.

The Platform may not be used to commercially publish unauthorised copies or adaptations of third-party intellectual property.

Examples may include characters, stories or fictional worlds owned by third parties.

DKK Publishing may refuse to publish a story where it reasonably believes publication may infringe another person’s intellectual property rights.

DKK Publishing may ask the Parent to modify or remove potentially infringing material before publication.

Unless otherwise expressly agreed in writing, DKK Publishing retains copyright and other applicable intellectual property rights in original illustrations created by or for DKK Publishing.

This may include:

• interior illustrations;
• character artwork;
• backgrounds;
• cover illustrations;

decorative artwork; and

other visual material.

The Child’s ownership of their original written story does not automatically transfer ownership of DKK Publishing’s illustrations to the Child or Parent.

For as long as the book is published in accordance with this Agreement, DKK Publishing grants permission for its applicable illustrations and book artwork to be incorporated into authorised copies of the published book.

The Parent or Child may not separately:

• resell individual illustrations;
• licence individual illustrations to another publisher;
• remove illustrations and commercially reproduce them separately;

use DKK illustrations to create unrelated commercial products; or

claim authorship or ownership of DKK Publishing artwork

unless DKK Publishing agrees otherwise in writing.

The Parent, acting on behalf of the Child Author, grants DKK Publishing a non-exclusive licence to use the Child’s original written story for the purposes of publishing and commercially exploiting the authorised book.

The licence includes the right, subject to this Agreement, to:

• reproduce the story;
• edit and format the story;
• typeset the story;
• combine the story with illustrations;
• create the book layout;
• manufacture copies;
• print copies;
• publish the book;
• distribute the book;
• display the book;
• advertise the book;
• market the book;
• offer the book for sale;
• sell copies;
• provide reasonable promotional previews;
• supply copies to retailers;
• supply copies to distributors;

list the book on online marketplaces; and

use third-party service providers reasonably necessary for these purposes.

The publishing licence is non-exclusive unless the parties separately agree otherwise in writing.

However, the Parent acknowledges that DKK Publishing illustrations, layouts, templates and other DKK-owned material may not be supplied to another publisher or commercially reproduced outside this Agreement without DKK Publishing’s permission.

The publishing licence is granted on a worldwide basis because books may be advertised, displayed or ordered through internet-based platforms accessible internationally.

This does not require DKK Publishing to actively distribute the book in every country.

DKK Publishing may publish or market the book in formats made available under the applicable package, which may include:

• printed books;
• digital books;
• eBooks;

online previews; and

other agreed publishing formats.

DKK Publishing is not required to make every book available in every format.

DKK Publishing may make reasonable editorial corrections including:

• spelling;
• punctuation;
• grammar;
• formatting;

typography; and

page layout.

DKK Publishing will endeavour not to intentionally change the fundamental meaning of the Child’s original story without Parent approval.

Where the Child creates a custom story and DKK Publishing creates custom illustrations, the Parent will be provided with the applicable proof or approval process included in the purchased package.

The Parent is responsible for carefully reviewing the proof.

Where proof approval applies, the Parent must review:

• title;
• Author name;
• story text;
• spelling;
• illustrations;
• layout;

cover; and

other relevant book information.

Once the Parent gives final approval, the book will be treated as approved for production.

Changes requested after final approval may incur additional charges.

Where the selected publishing package includes an ISBN, DKK Publishing will apply for and/or allocate an ISBN through the appropriate publishing process.

The ISBN identifies the applicable publication or edition.

The Parent authorises DKK Publishing to provide information reasonably necessary for ISBN administration.

Where DKK Publishing obtains or assigns an ISBN from its publisher allocation and publishes the applicable edition, DKK Publishing may be identified as the publisher of that edition.

The Child remains identified as the Author in accordance with the agreed Author identification.

The Child may be identified using the Author name approved during the Parent consent and publishing process.

The agreed public Author identification is:

[ ] First Name and Surname

[ ] First Name Only

[ ] Initials

[ ] Approved Pen Name

Author Name to Appear on Book:

The Parent understands that publication may result in the agreed Author name becoming publicly associated with the book.

Where the selected package includes an initial printed copy or copies of the Child’s book, those copies form part of the package purchased by the Parent.

The package price and number of included copies will be specified when the Parent purchases the package.

No royalty is payable on a copy included in the original publishing package purchased for the Child, because that copy forms part of the Parent’s purchased creation/publishing service and is not an additional qualifying retail sale for royalty purposes.

Following publication, DKK Publishing may make additional copies of the Child’s book available for purchase.

The standard selling price for an additional copy is:

R150.00

per book.

The price is subject to the provisions of this Agreement concerning future price changes.

Delivery, courier or other separately disclosed charges may be added to an order where applicable and do not form part of the R150 book selling price for royalty calculation purposes.

For each Qualifying Sale of an additional copy at the standard selling price of R150.00, the Child Author will earn a royalty equal to:

10% of the Selling Price

At the current standard selling price:

Selling Price: R150.00

Royalty Percentage: 10%

Child Author Royalty: R15.00 per Qualifying Sale

Accordingly:

One qualifying additional book sold for R150 = R15 royalty for the Child Author.

For purposes of this Agreement, a “Qualifying Sale” means an additional copy of the Child’s book that:

• has been sold to a customer;
• has been paid for;
• is not part of the Child’s original publishing package;
• has not been cancelled;
• has not been refunded;
• has not been returned for a refund;

has not resulted in a successful payment chargeback; and

is not a complimentary, promotional, replacement or free copy.

Unless DKK Publishing expressly agrees otherwise, royalties are not payable on:

• the initial book or books included in the publishing package;
• complimentary copies;
• promotional copies supplied free of charge;
• proof copies;
• replacement copies;
• damaged-book replacements;
• copies supplied to correct a DKK production defect;
• copies provided free for marketing;
• copies supplied to reviewers without charge;
• cancelled transactions;
• fraudulent transactions;
• unpaid orders;

refunded orders; or

chargebacks.

The following examples illustrate the current royalty arrangement:

1 additional book sold

1 × R150 = R150 sales value

Child Royalty:

1 × R15 = R15

10 additional books sold

10 × R150 = R1,500 sales value

Child Royalty:

10 × R15 = R150

50 additional books sold

50 × R150 = R7,500 sales value

Child Royalty:

50 × R15 = R750

100 additional books sold

100 × R150 = R15,000 sales value

Child Royalty:

100 × R15 = R1,500

These examples assume all sales are Qualifying Sales at the standard R150 selling price.

Royalties will be calculated and paid every three (3) months.

DKK Publishing will maintain appropriate records of Qualifying Sales for royalty accounting purposes.

The royalty accounting periods will ordinarily operate on a quarterly basis.

DKK Publishing may use the following calendar quarters:

Quarter 1:1 January – 31 March

Quarter 2:1 April – 30 June

Quarter 3:1 July – 30 September

Quarter 4:1 October – 31 December

Royalty payments will be processed after the end of each applicable three-month royalty period once sales, cancellations, refunds and payment records for that period have been reconciled.

DKK Publishing will endeavour to make payment within 30 days after the end of the applicable quarterly royalty period, subject to receipt of correct banking and other reasonably required payment information.

Because the Author is a Child, royalty payments will not be paid through the Child Account.

Royalty payments will be made to the Parent or Legal Guardian nominated for royalty administration on behalf of the Child Author.

The Parent acknowledges that the royalty is earned in connection with the Child Author’s book.

Before royalty payments can be made, DKK Publishing may require the Parent or Legal Guardian to provide:

• full name;
• identity verification where reasonably required;
• bank name;
• account holder;
• account number;
• branch information;

account type; and

other information reasonably required to process payment or comply with applicable law.

Banking information must only be entered or supplied through the Parent Account or another secure process approved by DKK Publishing.

The Child Account will not display royalty banking information.

The Parent is responsible for ensuring that royalty banking information is accurate.

DKK Publishing will not be responsible for delays caused by incorrect, incomplete or outdated banking information supplied by the Parent, subject to applicable law.

DKK Publishing will make a royalty statement or reasonable royalty summary available to the Parent for each applicable payment period where royalties have accrued.

The statement may show information such as:

• Book Title;
• royalty period;
• number of Qualifying Sales;
• applicable selling price;
• applicable royalty per copy;

adjustments where applicable; and

total royalty payable.

Book: Fun At The Beach

Royalty Period: 1 January – 31 March

Qualifying Books Sold: 25

Standard Selling Price: R150 per copy

Royalty Rate: 10%

Royalty Per Copy: R15

Total Child Author Royalty:

25 × R15 = R375

If a royalty has already been calculated on a sale that is later refunded, reversed or charged back, DKK Publishing may make a corresponding adjustment in the current or subsequent royalty period.

Any adjustment must relate to the affected transaction.

Royalties may have tax consequences depending upon applicable South African tax law and the circumstances of the Child Author and Parent or Legal Guardian.

DKK Publishing may make deductions or request information where legally required.

The Parent is responsible for obtaining independent tax advice where necessary.

The standard additional-book selling price at commencement of this Agreement is R150.

Printing, paper, manufacturing, distribution and other costs may change over time.

DKK Publishing may therefore revise the selling price of future additional copies where reasonably necessary.

DKK Publishing will provide reasonable notice of a material price change through the Parent Account, website, email or another appropriate communication method.

A revised selling price applies prospectively and does not change completed sales.

Unless DKK Publishing and the Parent expressly agree otherwise in writing, the Child Author royalty rate remains 10% of the applicable selling price for a Qualifying Sale.

For example, if the selling price is lawfully changed in future, the royalty amount per copy would be recalculated at 10% of that applicable selling price.

The R15 royalty applies while the qualifying selling price is R150.

DKK Publishing may occasionally run discounts or promotions.

Where a book is sold at a genuine discounted selling price, DKK Publishing will disclose or apply the applicable royalty treatment in accordance with the promotion.

Unless otherwise expressly stated for the promotion, the royalty will be calculated at 10% of the actual qualifying book selling price paid by the customer, excluding delivery charges.

A book supplied entirely free of charge does not generate a royalty.

DKK Publishing may offer the book through:

• online marketplaces;
• bookstores;
• distributors;

educational channels; and

other third-party sales platforms.

Third-party platforms may charge:

• commissions;
• listing fees;
• payment fees;
• fulfilment fees;

distribution fees; or

other charges.

Where the standard DKK royalty arrangement can reasonably be maintained, DKK Publishing will endeavour to maintain the stated royalty structure.

If a third-party distribution arrangement materially changes the economics or retail selling price of the book, DKK Publishing may establish a separate royalty arrangement for that channel, provided the Parent is informed of the applicable arrangement before or when that channel is activated.

Qualifying additional copies sold directly through the DKK Publishing website at R150 will earn the Child Author the standard R15 royalty per qualifying copy.

Delivery or courier charges paid by the customer do not form part of the royalty calculation.

The Parent authorises DKK Publishing to market the published book through its ordinary marketing activities.

These may include:

• DKK Publishing website;
• social media;
• online catalogues;
• book listings;
• promotional graphics;
• email marketing;
• educational marketing;
• marketplace listings;

retailer listings; and

reasonable advertising of DKK Publishing’s books and services.

Ordinary DKK Publishing marketing does not include an obligation to purchase dedicated third-party advertising specifically for an individual Child Author.

If the Parent or Legal Guardian requests additional paid promotion for their Child’s book, including paid advertising or other dedicated campaigns, this will be treated separately.

The parties must discuss and agree on:

• scope;
• advertising platform;
• duration;
• budget;

DKK Publishing service charges where applicable; and

payment terms

before such additional paid marketing begins.

DKK Publishing does not guarantee:

• a minimum number of sales;
• a minimum royalty amount;
• bestseller status;
• placement by third-party retailers;

marketplace rankings; or

commercial success.

Royalty income depends upon actual Qualifying Sales.

DKK Publishing may use reasonable elements of the published book to promote the book and the DKK Publishing service.

This may include:

• book cover;
• title;
• approved Author name;
• limited page previews;
• selected illustrations;

reasonable excerpts; and

images of the physical book.

This permission does not automatically include the right to use an identifiable photograph or video of the Child for unrelated advertising.

An identifiable photograph or video of the Child will not be treated as automatically licensed merely because the Parent approved publication of the Child’s book.

Where DKK Publishing wishes to use the Child’s identifiable photograph, video, interview or testimonial for additional promotional purposes, appropriate additional consent may be obtained.

The Parent may personally share and promote the Child’s published book, subject to:

• applicable intellectual property rights;
• the Child’s privacy;
• DKK Publishing branding rights;

applicable law; and

restrictions on separately commercialising DKK Publishing illustrations.

The Parent may direct potential customers to authorised sales channels for the book.

DKK Publishing will maintain reasonable records necessary to calculate royalties.

The Parent may raise a reasonable query concerning a royalty statement by contacting DKK Publishing.

Royalty queries should be submitted to:

Email:

info@dkkpublishing.com

The Parent should provide:

• Child Author name;
• Book Title;

relevant royalty period; and

details of the query.

DKK Publishing will investigate reasonable queries.

Books may be manufactured by DKK Publishing or approved third-party printing/manufacturing providers.

Minor variations commonly associated with commercial printing, including reasonable differences in colour, trimming, paper or binding, will not automatically constitute a defect.

Material manufacturing defects will be handled under DKK Publishing’s Refund, Cancellation, Production & Delivery Policy and applicable consumer law.

DKK Publishing may temporarily suspend orders where:

• printing materials are unavailable;
• a supplier experiences delays;
• technical problems occur;
• the book requires correction;

legal concerns arise; or

circumstances reasonably prevent production.

DKK Publishing will endeavour to communicate material delays where appropriate.

The Parent may request that DKK Publishing stop offering the Child’s book for future sale.

Requests must be submitted in writing.

DKK Publishing will process reasonable withdrawal requests subject to:

• outstanding orders;
• copies already purchased;
• existing inventory;
• third-party retailer processing times;
• distributor processing times;
• legal recordkeeping;

ISBN and bibliographic records; and

rights or obligations that accrued before withdrawal.

Withdrawal from future sale does not:

• recall copies already lawfully purchased;
• erase historical publication records;
• cancel royalties already earned;
• invalidate lawful sales completed before withdrawal;

automatically remove third-party listings immediately; or

require destruction of records that DKK Publishing must lawfully retain.

DKK Publishing will take reasonable steps to discontinue new sales through channels under its control.

Orders placed and paid for before a withdrawal request takes effect may still be fulfilled.

The Child Author remains entitled to applicable royalties on those Qualifying Sales.

DKK Publishing may suspend publication or terminate future sales where reasonably necessary, including where:

• intellectual property infringement is alleged;
• unlawful content is discovered;
• fraud occurs;
• the Parent materially breaches this Agreement;
• publication creates a material legal risk;

the book violates applicable platform requirements; or

continued publication becomes unlawful.

Where reasonably possible, DKK Publishing will communicate the reason to the Parent.

If a third party alleges that the Child’s story infringes intellectual property rights, DKK Publishing may temporarily suspend sales while the matter is investigated.

The Parent agrees to reasonably cooperate with DKK Publishing in resolving the matter.

The Parent warrants, to the best of their knowledge after reasonable supervision, that:

• they have authority to enter into this Agreement;
• the Child’s original story was created by the Child except for disclosed assistance;
• deliberately copied third-party material has not knowingly been submitted as original work;

information supplied to DKK Publishing is accurate; and

the Parent will notify DKK Publishing if they become aware of a material rights issue.

DKK Publishing retains all rights not expressly granted under this Agreement in its own intellectual property.

Nothing in this Agreement transfers ownership of:

• DKK Publishing Platform;
• software;
• website;
• branding;
• logo;
• preset illustrations;
• Educational Aids;
• templates;
• publishing systems;

original artwork; or

other DKK Publishing intellectual property.

DKK Publishing will endeavour to appropriately identify the Child as Author of the Child’s original written story in the published book.

Nothing in this Agreement is intended to unlawfully deprive the Child Author of rights that cannot lawfully be waived or transferred under applicable South African law.

Personal information processed in connection with publication and royalty administration will be handled in accordance with:

• POPIA;

DKK Publishing’s Privacy Policy and POPIA Notice; and

applicable South African law.

The Parent should notify DKK Publishing if relevant information changes.

Changes to information already incorporated into a published edition may require:

• revised artwork;
• new files;
• a new edition;
• revised metadata;

reprinting; or

other publishing work.

Additional costs may apply where the change is requested after final approval.

Nothing in this Agreement excludes or limits liability where doing so would be prohibited by South African law.

Subject to applicable law, DKK Publishing is not responsible for indirect or consequential losses arising from circumstances outside its reasonable control.

Any limitation must be interpreted consistently with applicable consumer protection legislation.

DKK Publishing will not be responsible for unreasonable delay caused by circumstances genuinely beyond its reasonable control, including where applicable:

• major supplier disruption;
• natural disasters;
• widespread telecommunications failures;
• significant power infrastructure failures;
• labour disruption;

governmental restrictions; or

other comparable events.

DKK Publishing will endeavour to resume affected services as reasonably practicable.

Nothing in this Agreement is intended to remove rights that a consumer is entitled to under mandatory South African law.

Where any provision conflicts with mandatory law, the applicable law will prevail to the extent of the conflict.

This Agreement is governed by the laws of the Republic of South Africa.

The Parent and DKK Publishing should first attempt in good faith to resolve a dispute directly.

If the matter cannot be resolved, the parties may use mediation, appropriate dispute-resolution procedures or the competent South African courts, subject to applicable law.

Nothing in this clause prevents a consumer from exercising rights available under applicable consumer protection legislation.

This Agreement, together with applicable DKK Publishing policies incorporated by reference, records the agreement concerning publication and royalties for the Child’s book.

Any special publishing arrangement must be recorded in writing.

The Parent agrees that this Agreement may be concluded electronically.

DKK Publishing may retain an electronic record showing:

• Parent Account;
• Child Author;
• Book Title;
• Agreement version;
• date;

time; and

acceptance.

• Website:

www.dkkpublishing.com

Email:

info@dkkpublishing.com

Telephone:

+27 64 515 8628

Business Hours:

08:30 to 16:30Monday to Friday

• Child Author:
• Book Title:

ISBN:

Standard Additional Book Selling Price:

R150.00

Child Author Royalty Rate:

10%

Current Royalty Per Qualifying R150 Sale:

R15.00

Royalty Frequency:

Every 3 Months

Payment Recipient:

Parent / Legal Guardian on behalf of Child Author

I confirm that:

• I am the Parent or Legal Guardian of the Child Author or otherwise have lawful authority to enter into this Agreement;
• I have read and understood this Agreement;
• I authorise DKK Publishing to publish the Child’s book subject to this Agreement;
• I understand that the Child retains copyright in their original written story subject to the publishing licence granted to DKK Publishing;
• I understand that DKK Publishing retains applicable rights in its illustrations and other original intellectual property;
• I understand that the standard selling price of an additional book is currently R150;
• I understand that the Child Author earns a 10% royalty, currently R15, for each Qualifying Sale at R150;
• I understand what does and does not constitute a Qualifying Sale;

I understand that royalties are accounted for every three months; and

I agree to the publishing and royalty arrangements contained in this Agreement.

Parent / Legal Guardian Full Name:

• Child Author:
• Book Title:
• Signature:
• Date:

ELECTRONIC ACCEPTANCE

[ ] I confirm that I am authorised to enter into this Publishing & Royalty Agreement on behalf of the Child Author.

[ ] I agree to DKK Publishing publishing and selling the Child Author’s book in accordance with this Agreement.

[ ] I understand that additional books are currently sold for R150 each and that the Child Author royalty is 10% (currently R15 per Qualifying Sale at R150).

[ ] I understand that royalties are calculated and paid every three months.

[ ] I accept the Child Author Publishing & Royalty Agreement.

BUTTON:

I ACCEPT THE PUBLISHING & ROYALTY AGREEMENT