6. DIGITAL MEDIA. Author agrees to submit all new projects and backlist properties first to DMLA. Author’s agent and Author will formulate a strategy for development, marketing and publication of each project.
(a) When DMLA negotiates terms for traditional or original electronic publishing (a Represented Sale), DMLA shall collect all revenues and standard agency commissions will apply.
(b) Should DMLA and Author mutually agree upon author-generated electronic publishing for a given project (a “click” contract, such as a Kindle edition or an ACX audio edition) then Author may elect to proceed alone, bear all expenses and collect all revenues. In such event no commission will be charged.
(c)(i) Should DMLA and Author mutually agree that DMLA will initiate one or more agency-supported electronic edition(s) of a given project, DMLA shall provide services that may include rights clearance, reversion, editorial advice, vendor selection, agreement review, set up, revenue collection and follow up. Author shall coordinate with DMLA and promptly supply any necessary approvals, prior contracts, text files, physical copies or other needed materials. Author warrants that all granted rights are free and clear, and shall indemnify DMLA against any claims to the contrary. Promotion of the agency-supported electronic edition(s) shall be the Author’s sole responsibility; however, DMLA shall advise and reasonably assist in promotion.
(c)(ii) Where agency-supported electronic edition(s) are initiated by DMLA, agency commissions will be charged as follows: 20% up to $2500 in revenues received from any given agency-supported electronic edition; thereafter, 15%.
(c)(iii) Expenses incurred in agency-supported electronic editions initiated by DMLA (for example the cost of scanning and/or file conversion) shall be the responsibility of the Author. Author may pay such expenses out of pocket as incurred. Alternately and by mutual agreement, DMLA may pay such expenses and recover them out of first revenues. All such expenses shall be discussed and mutually agreed in advance, and shall be accurately accounted by DMLA.
(c)(iv) If after one year of release, expenses paid by DMLA have not been fully recovered DMLA may either, 1) recover remaining expense amounts out of any other revenues collected on Author’s behalf, or 2) require that Author promptly reimburse DMLA out of pocket.
(d) All subsidiary rights relating to author-generated or agency supported electronic editions under 6(b) and 6(c) (including but not limited to print, audio, translation, movie/TV, merchandising, etc.) shall be controlled and handled by DMLA and standard agency commission rates on resulting revenues shall be charged.