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includes rapidly over the 17 pages, which is Amazon’s strength in the field of contract law, but also how the Apple filed in the U.S. trial is the dark humbug. For the record, one of the major issues of the trial was the clause of the most favored nation, which was strongly complained to Apple. For the latter, the U.S. company reserved the right to reduce the selling price of a proposed change in the iBook Store, ebook if it turned out he was also sold for the same price. However, this is precisely one of the proposed clauses (imposed?) In the Amazon contract …
90 days of payment, and fashion no-limit
We confirm that we have done, although some contractual elements differed from contracts offered to France, the whole document as the Amazon had distributors in March 2013, was relatively consistent. We relèverons that the most significant contract selling ebooks through the Kindle Store passages. And especially that any publisher should negotiate before you even consider marketing its digital files.
course, the contract states that the files should be handed over to Amazon, so it is particularly difficult for an individual to get this clause dealer. In fact, the editor becomes dependent on data provided by the dealer, in these conditions, while it has its own digital warehouse, it is he who controls the sales.
On the issue of payment deadlines, Amazon clearly says it all: it is 90 days are to wait before seeing a single dollar. Similarly, it is hypothesized that more than 20% of the book will be available as free extracts – where editors do not usually provide more than 10% of the work.
Note also that in all the rules imposed, Amazon will allow almost everything by default, and requires direct intervention of the editor, if it does not want such and such options. Thus, digital ready – in the Kindle Library, allowing premium customers enjoy a complimentary ebook every month – is enabled by default. Unless expressly against the editor-order …
The same goes for the cost of correcting the publisher has 10 days to make the necessary changes to one of his works, otherwise end up with a pricing of the transaction by Amazon.
security DRM and God in all this
?
thing absolutely astonishing and totally contrary to what was said Jeff Bezos, Amazon imposes DRM on e-books, unless a mutual agreement with the distributor. “ We are agnostic on this point. We do what the publishers want. If beneficiaries want DRM, we put. If the beneficiaries do not want, we do not put “explained the boss.
But according to Article 16 of the contract, paragraph a) it seems that this is far from the case and of course, these are security conditions that are put forward:
. Security . Unless we agree Mutually Otherwise, we will use DRM in connection with the download of the eBooks, and We May use any available digital book DRM technology.
Security . Unless an agreement is defined, we will apply DRM for downloading eBooks, and can use any DRM technology available.
Note also that, by acquired conscience, Amazon cites several reasons for him to discharge his activity or duties (see Article 19, entitled Force Majeure in French in the text). Among the reasons put forward can be found accident, fire, strike, riot, legal regulation, or … divine intervention
classical theory defines force majeure by three criteria assessed cumulatively: externality, unpredictability and irresistible. So let God aside, obviously …
Commission, selling price, everything is under control
Regarding clause Most Favored Nation, it is expressed in the contract in two ways: first, in section 5.3, and thus relates to the sale price.
If a digital book Corresponding to sell you an eBook is available in a Territory at a lower price than the Customer Price, then We May Provide you with written notice (All which May be by email) of the noncompliance, and n Abebooks web are ble to pass along the best prices to our customers, We May Reduce the Customer Price on the applicable eBook for so long as the other is Similar Channel Offering a lower price customer.
If a digital book corresponding to an eBook that you sell [on Amazon] is available in an area with lower than that proposed prices to our customers, we will send you a written document (which will be sent to you mail) of non-compliance, and since we are able to offer the best price to our customers, we can reduce the proposed price to our customers, as long as other platforms offer a lower sales price.
The second key to the commission, and is detailed in 9.2:
for Parity Commission. You Will Ensure That The Commission is at all times falling on the term of the Agreement no less than you pay any commission to any other agent, reseller or distributor under a Primary Business Model.
Parity for the commission. You will ensure that the commission paid is not less at any time of the contract that paid by yourselves to any other agent, reseller or distributor in an economic model.
In one case as in the other, Amazon prohibits a competitor can sell an ebook at a lower rate on the one hand, in consequence of which the dealer is granted the right to market the ebook at the same rate by automatically aligning the selling price of the cheapest in the market.
Regarding the commission, Amazon imposes no dealer could charge a higher than Amazon commission.
single price of the ebook by Amazon
Finally, two details are provided in Appendix 2: they concern the maximum pricing of sale, as the book is, or not available in print:
Distributor Will icts discretion has determined in Customer Price, That except Distributor at will all times Ensure That:
- For all eBooks, the Customer Price (together with any applicable transaction or value added tax) Will Be no higher than 25% of the lowest priced Corresponding physical edition in the Territory.
- Any eBook without a Will Be Corresponding physical edition priced at $ 9.99 or less.
The distributor will then determine a selling price of its own, making every moment:
- For every ebook, customer price (plus transaction fees or other taxes) will not be higher than 25% of the lowest price for paper edition sold the territory.
All
- ebook without corresponding physical edition will be sold for $ 9.99 or less.
Clearly, for a book available in print, Amazon requires that the price of the ebook can not be 25% higher than the cheaper versions sold in the territory paper. In case there would be no ebook version, Amazon claims that the sale price is $ 9.99.
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deepen
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The Amazon law Filippetti is simply inapplicable! ‘
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open Format owner and VAT system in Europe ambush
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No dumping at Amazon, guarantor ‘cultural diversity in France’
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