Too many times I’ve heard developers complaints because they were ripped off by some bad publishers. I’ve decided to write this short guide for anyone interested in dealing with publishers, hope you’ll find it useful.

1. Inform yourself about the publisher’s background and past deals. Ask in forums, ask the publisher himself for past references (people he worked with in the past or games he published). If he never made a deal before, doesn’t necessarily means is bad, but surely isn’t very encouraging. If he is reluctant to give you any contact with previous people, stay away – he has no reason to avoid you contacting his past clients!
2. Ask for advance royalty. This is so common but still many newbie developer don’t know about that. NEVER make any deals based on royalties AFTER the game is published. Ask immediatly and advance royalty. The form may vary, 50% royalty advance now and 50% later, etc, but always ask money BEFORE. After all, what’s the problem? you have a product finished, ready to sell (or maybe already selling well from your site), so the publisher knows what he pays for.
3. Put fixed dates in the contract. This should become much more popular than it is. What does it means? it means that there’s no longer “XXX dollars after 30 days the game is relased on country YYY”. Unless you live in the country where you are licensing the game for, how you know IF/WHEN the game is actually released there? So, instead, put fixed date like “xxx dollars to be paid no later than 10th of december 2007”. That way you’re SURE you get your money!
4. Check for tricks. Most common tricks consist in the “bug” clause. Something like “if a bug is present on product X, we are entitled to ask all advance money back and you’ll never see any money”. Seriously. Has happened so many times! Publisher/distributors pretending there is bug XXX (maybe even non-existent) and asking all money back as compensation. Always sell your products “as is” basis.
5. Product price changes. This point is more about personal tastes. If is ok for publisher to sell your game regardless of the price, skip it. What I’m talking about here? I’m talking about the fact that most publisher, retail or online, will / can lower the price of your product for promotions, etc. So while you’re still selling it on your site for 20usd, they sell it for 9 euros, 6.99usd and so on. Guess where the potential customers are going to buy it?

Ok that’s all. Those are, in my opinion, the five most important points where people should be careful. Of course there are many other things to be careful. Always take your time and read the contracts they propose you at least three times! better, have it read by several people!