Hi, I am the publisher on Fab and on Unity Asset Store.
I read legal agreements for both and find issues in FAB’s one.
These agreements make the similar thing in fact: provide a platform to sell the digital content - but it can be recognized as different types of agreements with different tax obligations in some countries.
As I understand, FAB’s one is not an agency agreement, but a distribution-agreement. On the other side, this document contains “agent” term for 3 times. I ask you to change this term or add additional clarification to avoid recognizing this agreement as an agency agreement.
- For example, Unity Asset Store’s one doesn’t have it.
- For another example, Unity Asset Store Affiliate Program agreement contains this text to avoid what I am talking about:
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“14.1 You and Unity are independent contractors and nothing in these Program Terms will be construed as establishing an employment or agency relationship between you and us or any of our affiliates. You have no authority to bind us by contract or otherwise, and you will not hold yourself out, expressly or impliedly, as having such authority. If you assist, encourage, authorize, or facilitate another person or entity to take any action in connection with the Program or these Program Terms, that will be deemed and understood as an action taken by you alone.”