Terms and Conditions for the Beta Version of Audiobooks with Virtual Voice

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Terms and Conditions for the Beta Version of Audiobooks with Virtual Voice

Last updated: November 1, 2023

If you reside in the US and have a Digital Book available for sale, you may create an audiobook with the virtual voice edition of that Digital Book (“AVV Edition”) and make it available to customers of Amazon and Audible, Inc. (the “AVV Program”). Audible, Inc. is an Amazon Affiliate joined as a party to this Agreement. Except to the extent modified below, all terms in the Kindle Direct Publishing Terms and Conditions (the “Agreement”) remain in full force as if references to “Digital Books” or “Books” were references to “AVV Edition” and the AVV Program were expressly included in the definition of “Program.”

Eligibility. In order to offer an AVV Edition, the following requirements must be met for the corresponding Digital Book: you must hold the associated audio rights, it must be in English and currently offered for sale, and it must not consist primarily of content in the public domain. We reserve the right to determine the types of Digital Books that we accept in the AVV Program. We may choose not to accept your Digital Book for creation of an AVV Edition or to remove your AVV Edition from sale at any time.
Grant of Rights. In addition to the Grant of Rights in Section 5.5 of the Agreement, you grant to each Amazon party, throughout the term of the Agreement, a nonexclusive, irrevocable, right and license to create AVV Editions and make available all or any portion of AVV Editions though Amazon Properties for customers to listen to online and offline, including on portable devices. Subject to the authorizations you grant us under this Agreement, as between you and us, you retain all ownership rights in and to the copyrights and all other rights and interest in and to your Books, and we retain ownership in the AVV Edition file.
Pricing and Royalties. To be accepted in the Program, AVV Editions must have a List Price between $3.99-14.99 USD. If you are not in breach of your obligations under this Agreement, for each AVV Edition sold to a customer through the Program, the Amazon party that made the sale (or whose affiliate made the sale) will pay you a Royalty as follows: (a) 40% of all A La Carte Net Sales Receipts (as defined below) or (b) 40% of all Membership Net Sales Receipts (as defined below) for each individual sale of an AVV Edition to a customer who is a member of one of Audible’s membership programs during the immediately preceding monthly period.
- “A La Carte Sales” means a cash sale of an AVV Edition. “A La Carte Net Sales Receipts” means the monetary amount received by Amazon from a la carte sales of each AVV Edition, less any cash incentives, promotional discounts, sales or use taxes, excise taxes, value-added taxes, duties, exchanges and returns.
- “Membership Sale” means non-cash sales of AVV Editions to a members or prospective member of one of Audible’s membership programs (excluding returns). “Membership Net Sales Receipts” means, for each Membership Sale, the monetary amount obtained by multiplying the AudibleListener Allocation Factor by Audible’s a la carte price for the AVV Edition at the time the AudibleListener Allocation Factor is calculated.
- The “AudibleListener Allocation Factor” means the total of all Membership Sales receipts derived from sales of all content sold by Audible in the applicable accounting period, less any cash incentives, promotional discounts, device subsidies or rebates, sales or use taxes, excise taxes, value-added taxes, duties and returns, divided by the total a la carte value (as determined by Audible's applicable a la carte price for the AVV Edition at the time the AudibleListener Allocation Factor is calculated) of the membership sales of all content sold by Audible in the applicable accounting period.
No Royalties will be payable for any AVV Editions we may provide for free to Audible employees or third parties for purposes of testing, review, sample, advertising, publicity or promotion.
KDP Select and Subscription Programs. If the Digital Book for your AVV Edition is enrolled in KDP Select, your AVV Edition may also be made available to listeners through the Audible Plus catalog or a similar subscription service. When you include a Digital Book in KDP Select, you also give us the exclusive right to sell and distribute the corresponding AVV Edition. During your Digital Book’s 90-day period of exclusivity, you also cannot sell or distribute, or give anyone else the right to sell or distribute, your Book in audio format. AVV Editions of Digital Books included in KDP Select will be automatically included in Audible Plus or similar subscription service. For AVV Editions, you will be eligible to earn a share of a fund on a monthly basis for customers listening to your AVV Edition via Audible Plus or a similar subscription service. You will earn a share of the monthly fund based on the amount of your content listened to by customers. These shares are your total Royalty for customer access to your AVV Edition through the Audible Plus catalog or similar subscription service. We will set the criteria for determining how much of your content is listened to and how to determine the proportionate allocation of the fund. We may publicly announce the top AVV Editions, including the author, publisher, number of qualified listens, and subscription royalties earned.
Updates and Improvements. We reserve the right to add, remove, refine, or modify the voices available for or applied to AVV Editions. Information and material you provide may be used to improve our products and services.
Amendment. We reserve the right to change the Terms and Conditions for the Beta Version of Audiobooks with Virtual Voice at any time. We will give you notice of changes to these beta terms by posting new terms in place of the old at https://kdp.amazon.com/help/topic/GWHSFAK69P2537YR with a revision date indicated at the top or by sending an email to the email address then registered for your Program account.
Inapplicable Terms. The following sections of the Agreement do not apply to the Audiobooks with Virtual Voice Program: 5.2.3 Lending Kindle Books, 5.3.2 Currency Conversion, 5.3.3 Multiple List Prices, 5.4.1 Royalties, 5.4.3 Payment Currencies, 5.4.4 Payment Terms for Brazilian Publishers, Terms and Conditions for KDP Select Program, Terms and Conditions for KDP Pre-Orders, the Digital Book Pricing Page and the Print Book Pricing Page.

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Terms and Conditions for the Beta Version of Audiobooks with Virtual Voice