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content/wiki/strategy--publisher-contract-review.md

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+---
+title: Publisher Contract Review
+collection: Strategy
+path: Strategy/Publisher Contract Review
+parentDocument: null
+outlineId: a30f5d72-cedb-4d5f-a76f-ae477482efda
+updatedAt: '2026-03-01T18:21:44.885Z'
+createdBy: Jennie R.F.
+---
+# Whitethorn Games Contract Review
+
+WhiteThorn made their [agreement](https://docs.google.com/document/d/e/2PACX-1vQYB4MfO44m7KRK73lMCis52XvmATIb9sy3NwoIRI4d50SyXPO4v0kg3PDxXMU2Cjjw-L5D-gWKK9dR/pub) public in response to Raw Fury doing the same. They are an American indie publisher of cozy games.
+
+## Making the game
+
+### Typical Indie Contract:
+
+* Publisher finances development.
+* You submit milestones and get paid as milestones are approved by Publisher.
+
+### Whitethorn:
+
+* Fixed monthly payments for 21 months.
+* No clear date for gold master or publishing the game.
+* No milestones or approvals, but provide access to builds every two weeks.
+* Developer has creative control, but Whitethorn has disability/accessibility input rights.
+
+### Pros:
+
+* Very flexible for Developer.
+* Money not tied to publisher approval of milestones.
+
+### Cons:
+
+* Missing a deadline by 10 days allows contract termination.
+* No post-launch milestone revenue = cashflow issues.
+
+### Making it more Indie-friendly:
+
+* Rework penalties for late delivery (see termination section).
+* Address post-launch cashflow:
+  * Extend monthly payments past launch, or
+  * Negotiate 80/20 or 90/10 pre-recoup rev share, or
+  * Ensure that studio has sufficient cash on hand.
+
+## Marketing the game
+
+Typical deals are vague about marketing obligations and whether the publisher must publish the game. WhiteThorn provides marketing budget, by consensus. No guaranteed publishing date; no mention of pricing, discounting etc. Vague mention of merchandising. Very vague about merchandising and porting.
+
+### Suggestions:
+
+* Ask for a marketing plan and attach to the contract.
+* Add clauses that guarantees publishing.
+
+## Revenue calculation and sharing
+
+### Typically:
+
+* Publisher recoups development costs, marketing.
+* Rev share during recoup is between 100/0 to 80/20.
+* Post-recoupment split is around 50/50, depending on publisher investment level.
+* Rev share may shift towards developer over time.
+* Payments are made monthly or quarterly.
+
+### WhiteThorn:
+
+* Publisher recoups 100% of development expenses, 30% of PC/console marketing, 100% of mobile marketing.
+* Pre-recoupment rev share is 100/0.
+* Post-recoupment rev share is undefined.
+* Merchandising revenue is either 100/0 for Developer, or 50/50 if sold via Publisher. No one does less than 50/50 after recoup.
+* Porting costs are non-recoupable.
+* Monthly payments.
+* Good developer audit rights.
+
+## Intellectual property ownership
+
+Developer retains ownership of IP. Publisher has exclusive licence (transfer of almost all IP rights to the publisher) over platforms/markets covered by contract. What you get in return is royalties. Rights of first refusal/first offer on sequels and expansions.
+
+### Suggestions:
+
+* Negotiate how long until you get IP back - it should be tied to publishing timeline.
+* Net revenue may be calculated differently by an accountant and a lawyer. Be clear.
+
+## How easy is it to get out of this deal?
+
+One successful game gives you a lot of bargaining power. (As does having multiple publishing deal options)
+
+## Termination Rights and Obligations
+
+### Typical Indie Deal:
+
+* Roughly 5 year duration.
+* Termination if one side breaches the contract.
+* Termination on mutual agreement.
+* Publisher can terminate before launch without needing a reason, but pays a financial penalty (typically 1-2 milestone payments) and has no ongoing rights in the game if it does so.
+
+### Whitethorn:
+
+* Duration is essentially 2 years from first publication on any platform, but duration is somewhat unclear.
+* Both Publisher and Developer can terminate at any time on 60 day notice.
+  * No penalty for Publisher doing so.
+  * If Developer does so, continued payment of rev share for 24 months.
+* Developer or Publisher can terminate if the other side breaches and that breach continues for more than 10 days.
+
+### Making the contract more indie-friendly:
+
+* Clarify the duration of the contract.
+* Extend the 10-day notice period to 30 days for termination for breach.
+* Clarify the penalty for termination without cause by both Publisher and Developer.
+* Add developer termination rights for failure to publish.
+* Specify what happens on termination in greater detail, especially ports.
+
+## Risk allocation
+
+### Typical Indie Deal:
+
+* You're on the hook for allegations of IP infringement, or other problems with the game.
+  * This is a low-risk, high-impact clause
+  * Patent trolling is no longer common
+* Get insurance! Especially if you have more than the current IP
+
+### Whitethorn:
+
+* No promises regarding bugs and viruses, IP infringement warranties are really generous. Negotiate a qualifier.
+
+### Pros:
+
+* Very reasonable risk allocation for the Developer.
+
+### Cons:
+
+* None, really.
+
+### Making the contract more Indie-friendly:
+
+* These are all low-risk, high-impact clauses.
+* But overall, take these as-is.
+
+## Final thoughts
+
+Raw Fury's contract in a word: Sneaky
+
+Whitethorn's contract in a word: Sloppy
+
+Bottom line: Whitethorn is still the most indie-friendly contract he has seen to date. Whether compared to Raw Fury or anyone else. Exhausted supply of public contracts - Raw Fury took a lot of flak online for theirs and no one else is really coming forward. Montreal indie contract idea.