Additional Terms and Conditions of the “Video Trailer Creation & Distribution Service”

The following terms and conditions will apply to the Video Trailer Creation & Distribution Service offering described below (for the purpose of the following additional terms and conditions only, the “Service”), subject to terms and conditions of your Publishing Agreement.  Capitalized terms used and not otherwise defined below will have the meaning ascribed to them in your Publishing Agreement.

1. Scope of Service. Based on input and direction from you and subject to the terms herein, you authorize us to prepare a video book trailer (“Trailer”) designed to provide readers with a preview of your book’s content.

2. License. As of the date we provide or make available the final version of the Trailer to you, we grant you a limited, royalty-free, worldwide license to use the Trailer for a period of five years for promotional, non-commercial, non-broadcast use only. You do not have the rights to broadcast the Trailer on television or in theatres, or to use it in a product that is sold in any manner.

3. Changes After Approval. As you get deeper into the production process your options for making changes at no additional cost will become more limited. At each step in the production process, we will communicate to you what changes you may still make at no additional charge. If you choose to make changes for which additional fees apply, you will be required to pay additional fees at our standard rates, as follows:

a. $120 per hour for any changes you would like made to the Trailer, including, but not limited to, the selection of images incorporated, text on screen, and pacing of the frames.

b. $410 per session for Voiceover re-recording (this only applies to authors who have purchased the Premium Video Book Trailer Creation & Distribution service)

For example, after you have provided final approval for your Trailer, you will not be able to make any changes without paying additional fees.

4. Distribution. When you provide final approval for your Trailer, you may choose to have your Trailer distributed to the following Internet outlets (collectively, “Internet Outlets”):

a. YouTube;
b. Vimeo
c. Yahoo Video;
d. AOL Video; and
e. Other outlets deemed applicable to your book and Trailer’s genre and audience.

Distribution of your Trailer to these Internet Outlets is either all or none -- you will not have the option to pick and choose among the Internet Outlets to which you would like your Trailer distributed. BookSurge may, in its sole discretion, post and distribute the Trailer to additional Internet outlets, including, but not limited to, BookSurge.com, CreateSpace.com and Amazon.com. Additionally, you may use and distribute the final version of the Trailer during or after the term of your Publishing Agreement, subject to the restrictions set forth above in the License.

5. Refund Policy. Once the process of producing your Trailer has begun, refunds are only available based on work completed. The following schedule will determine your eligibility for a refund.

a. 100% refund prior to questionnaire submission;
b. 50% refund prior to asset selection submission at Creative Concept phase; or
c. 0% refund after assets have been selected at Creative Concept phase.

We also reserve the right to refund the fees you paid if we determine in our sole discretion that we are unable to perform the Service.