|
PUBLISHING AGREEMENT
ePress-online Inc.
This
Publishing Agreement (“Agreement”) is made this ____ day of
____________, 200___
by and between (author)
_________________________________________________________,
Social Security Number (if U.S. resident) _____________________,
[U.S. residents will
complete the W-9 Form;
non-U.S. residents will need to fill out Forms W-7 and W-8BEN]
whose residence/mailing address is:
________________________________________________,
and phone number: ___________________, preferred email address:
_____________________,
backup email address (if any): ___________________________
(hereinafter called the Author);
and ePress-online, Inc., whose principal place of business is in
Elwood, Utah (hereinafter called the Publisher).
The parties agree as follows:
1. GRANT
Author hereby grants and assigns to Publisher the worldwide rights
to publish in the English language in electronic book form as
downloadable file or file on cd, dvd or diskette, and print form to
be made available for purchase for a period of two (2) years from
the date of initial publication, as determined pursuant to Section 4
below, titled:
____________________________________________________(hereinafter
called the Work).
The Author retains all other rights.
Fictionwise, acting as distributor in a non-exclusive agreement for
ebooks, requires the term for those ebooks listed at Fictionwise
will be for five (5) years from the date of initial availability on
Fictionwise, as determined in the same manner set forth in Section 4
below.
___________ (Initial here to signify consent.)
(i) OPTIONAL ARCHIVING
With Author's consent, signified here by initials: __________ an
archival copy of each electronic form will be kept by Publisher to
allow for future non-exclusive sales, provided that royalty
payments in accordance with Section 8 below shall be payable on any
and all future non-exclusive sales notwithstanding the fact that
this Agreement may be otherwise terminated.. This archival consent
may be withdrawn at any time by the Author with sixty (60) days
written notice sent by mail (delivery confirmation recommended) to
Publisher at the Corporate Address:
ePress-online, Inc. – 4185 West 9600 North – Elwood, UT 84337
(ii) PRINT: The term for print rights shall be identical to the term
herein granted for electronic rights. Royalty shall be 7.5 to 10
percent of the list price as set forth below. There will be no
charge to Author.
(iii) RENEWAL: This Agreement shall be automatically renewed for an
unlimited number of successive one (1) year terms, unless (i) either
party notifies the other party in writing of its intent not to renew
this Agreement at least sixty (60) days prior to the natural
termination of this Agreement, or (ii) the Agreement has been
earlier terminated pursuant to the early termination provisions set
forth in this Agreement.
(iv) TERMINATION: Either Publisher or Author may chose to terminate
this Agreement, without penalty, at any time with ninety days
written notice sent to Publisher at the Corporate Address.
(v) DISTRIBUTORS: For books sold through outlets requiring
distribution discounts, Author and Publisher will share equally in
the net proceeds of all such sales, where net proceeds shall be
determined after giving effect to all discounts, sales taxes,
applicable shipping charges and similar such charges. Publisher
shall bear all risk of loss, including any financial risk of loss
related thereto. If a distributor requires a contract term longer
than that provided in this Agreement, Publisher will request
authorization from Author to include his/her book or books, which
authorization shall not be unreasonably withheld.
2. REPRESENTATIONS AND
WARRANTIES
Author affirms that he/she is the sole creator and owner of the Work
and that the Work, to the best of his/her knowledge, does not
contain any libelous matter and does not violate the civil rights of
any person or persons, does not infringe any existing copyright and
has not heretofore been published in book form. Author shall hold
harmless and indemnify Publisher from any recovery finally sustained
by reason of any violations of copyright or other property or
personal right; provided, however, that Publisher shall with all
reasonable promptness notify Author of any claim or suit which may
involve the warranties of the Author hereunder; and Author agrees
fully to cooperate in the defense thereof. The warranties contained
in this article do not extend to drawings, illustrations or other
material not furnished by Author.
3. ISBN
Publisher will obtain and assign ISBN(s) (International Standard
Book Numbers) for any print version of the Work. Publisher may
assign as many ISBN designations as required by the various
publication formats. Publisher will notify “Books in Print” or other
equivalent service(s) of the ISBN(s) of the Work.
4. DELIVERY AND
PUBLICATION
Author agrees to deliver a completed manuscript, incorporating all
approved editorial changes, to Publisher within six (6) months of
the signing of this Agreement. If this Agreement covers multiple
works by Author, Author agrees to deliver second and subsequent
covered works at a reasonable interval, usually not exceeding the
time allotted for the first manuscript.
Publisher agrees to publish the Work at its own expense. Publication
date will be considered that date on which the Work is available for
sale on Publisher's website and no later than one year from the date
the completed manuscript is submitted to Publisher. Publisher will
set retail price.
5. COPYRIGHT
The copyright for the Work at all times remains the property of
Author and/or Author's heirs. Copyright for any cover art or other
materials supplied by the Publisher are the property either of the
Publisher or the creating artist.
Registration of the copyright is the Author's responsibility. A copy
of the registration shall be mailed to Publisher at the Corporate
Address.
6. EDITING AND
PROOFREADING
Publisher’s editors will identify problems and make suggestions to
resolve problems and improve the Work. Author is not required to use
the suggestions, however problems must be resolved before the
manuscript is considered completed.
Author is not required to make any changes in fact or content,
however Publisher reserves the right to release Author from this
Agreement if, in Publisher's judgement, failure to make such changes
or revisions would damage Publisher's reputation or otherwise make
the Work un-marketable.
Publisher shall make no major changes in, additions to, or
eliminations from the manuscript without the consent of the Author,
and in order to obtain such consent, shall submit the copy-edited
manuscript to the Author for his/her approval. Minor punctuation,
grammatical, and typographical errors may be corrected at the
discretion of the Publisher. The Publisher shall furnish the Author
with galley proofs. The Author agrees to return the galley proofs to
the Publisher with his/her corrections in a timely manner.
7. COVERS AND COVER ART
Publisher shall provide cover art at its own expense. Author will be
asked to produce proposed back blurb text and suggestions for cover
art. If Author wishes to provide his/her own cover art, some or all
of this cover art may be at Author's expense. If Author engages an
artist other than him/herself to produce an alternative cover,
Author must present documentation that s/he has permission to
reproduce the proposed cover art from the copyright owner, or
warrants that the cover art is in the public domain. If Author
provides his/her own cover art, s/he is responsible for formatting
it in an appropriate graphics format of suitable reproduction
quality. Publisher will give credit in the published Work to the
cover artist. Publisher has final approval of any cover art and back
blurb material.
At Publisher’s discretion a different cover may be used for
electronic versions.
8. ROYALTIES AND LICENSES
Withholding on Royalties.
Changes in U.S. tax laws require Publisher to withhold taxes on
royalties exceeding ten and no/100ths dollars ($10.00) in any given
calendar year unless Publisher is provided either a W-9 for U.S.
Residents or a W8-BEN form for non U.S. residents residing in a
country with which the U.S. has a tax treaty. Copies of tax forms
shall be completed and delivered by Author with this Agreement.
The Publisher shall pay to the Author or his duly authorized
representatives the following royalties:
(a) Thirty percent (30%) of the retail price on the first 1,000
electronic copies sold directly by Publisher, thirty-five percent
(35%) on the next 2,500 copies sold, and forty percent (40%) on all
copies sold in excess of 3,500.
(b) Fifty percent (50%) of payments received for the Work from any
distributor with which the Publisher may enter into a distribution
agreement or affiliate agreement.
(c) Seventy-five percent (75%) of the proceeds of any license
granted to another publisher to bring out a reprint edition of the
Work.
(d) Seventy-five percent (75%) of the gross amount paid by a book
club, for the right to publish the Work for distribution to its
members.
(e) Ten percent (10%) of the list price of any print books sold for
a retail price less than nineteen and 99/100ths dollars ($19.99) and
seven and one half percent (7.5%) of any books sold at a list price
greater than or equal to nineteen and 99/100ths dollars ($19.99).
The Author or his/her duly authorized representatives shall have the
right upon written request to examine the books of account of the
Publisher insofar as they relate to the Work and any other of the
Author's works under contract to the Publisher. Such examination
shall be at the cost of the Author unless errors of accounting
amounting to five percent (5%) or more of the total sum paid to the
Author shall be found to his/her disadvantage, in which case the
cost shall be borne by the Publisher.
9. OVERPAYMENT
In all instances in which the Author shall have received an
overpayment of monies under the terms hereof, the Publisher may
deduct such overpayment from any further sums payable to the Author
in respect to the Work.
10. NOTIFICATIONS AND
PAYMENT
The Publisher agrees promptly to advise the Author of the terms of
any contracts entered into for any grant of license permitted under
this agreement whenever the Author's share of the proceeds or
royalty is one hundred and no/100ths dollars ($100.00) or more. The
Publisher shall make such contracts available to the Author or
his/her representative at the offices of the Publisher, and a copy
thereof will be furnished to the Author upon his/her written
request.
The Publisher shall
promptly pay the Author's share of such proceeds or royalty to him
upon receipt.
11. AUTHOR'S DISCOUNT
The Author may at any time purchase copies of his/her Work for the
retail price minus the appropriate royalty. No royalties will be
paid on discount purchases made by the Author.
12. STATEMENTS AND
PAYMENTS
The Publisher agrees to render quarterly statements by the last day
of the second month following the end of the calendar quarter,
showing an account of sales and all other payments due through the
end of the preceding quarter. Payment then due shall accompany such
statements.
13. REVERSIONS AND
TERMINATION
(a) In the event that the Publisher's edition of the Work shall at
any time not be listed for sale on the Publisher's site, excluding
temporary unavailability of the site due to circumstances beyond the
Publisher's control, the Author or his representative may give
notice to the publisher terminating this Agreement and all rights
shall then revert to the Author.
(b) If the Publisher, during the existence of this agreement,
default in the delivery of quarterly statements or in the making of
payments provided for by this Agreement and neglects or refuses to
deliver such statements or make such payments within thirty (30)
days after written notice of default from Author or Author's
representative, this agreement will terminate at the expiration of
the thirty (30) day period without prejudice to the Author's claim
for any monies which may have accrued under this Agreement or to any
other rights and remedies to which the Author may be entitled.
(c) If the Publisher fails to comply with or fulfill the terms and
conditions of this Agreement or becomes bankrupt or sells
substantially all of its assets or experiences a change in ownership
resulting in the transfer of more than fifty percent (50%) of the
beneficial interest in Publisher, this Agreement may be terminated
by Author and all rights granted by it to the Publisher shall
immediately revert to the Author. All payments made to the Author
before such an event shall belong to the Author without prejudice to
any other remedies, which the Author may have.
Upon any termination of this Agreement, all rights in, to and under
the Work granted by Author to Publisher shall revert to Author, this
Agreement shall have no further force and effect, and Publisher
shall forfeit any and all rights that Publisher may then have in, to
and under the Work, whether granted herein or pursuant to a separate
Agreement of the parties, provided that Publisher may retain
the archival rights set forth in Section 1(i) above until such time
as Author revokes consent pursuant to the terms thereof.
14. BANKRUPTCY AND
INSOLVENCY
All rights granted by the Author to the Publisher by this Agreement
will automatically be terminated and revert to the Author upon
judgment against the Publisher or finding of insolvency.
15. RESERVED RIGHTS
All rights in the Work now existing, or which may later come into
existence, not specifically granted are reserved to the Author for
his/her use at any time. Reserved publication rights include, but
are not limited to, the right to publish or cause to be published in
any form, excerpts, summaries and novelizations or dramatizations
and motion pictures of the Work and excerpts, not to exceed five
thousand (5,000) words in length to be used for advertising and
exploitation of motion pictures and televised movies or videos or
other dramatizations based on the work or translations into
languages other than English.
16. ASSIGNMENT
This Agreement may not be assigned to any other party, either
voluntarily or through legal action, without the written consent of
both parties to this Agreement.
17. ARBITRATION
Any controversy or claim arising out of this Agreement or any
alleged breach of this Agreement shall be settled by arbitration in
accordance with the rules in effect at that time of the American
Arbitration Association and judgment upon any award may be entered
in the highest court of the State of Utah or the state of Author's
residence. The one exception to this clause being that the Author
retains the option, if the Publisher fails to pay royalties due, to
refuse arbitration, and pursue other legal remedies.
18. NOTICES
Any written notice required under any of the provisions of this
Agreement shall be sent by regular U.S. mail with delivery
confirmation.
19. WAIVER
A waiver of any breach of this Agreement or of any of the terms or
conditions by either party shall not be deemed a waiver of any
repetition of such breach or in any way affect any other terms or
conditions of this Agreement. No waiver shall be valid or binding
unless it is in writing and signed by the parties.
20. INFRINGEMENT
If during the term of this Agreement, including any renewal terms
hereunder, the copyright on the Work shall be infringed, the
Publisher may, at its own cost and expense, take such legal action,
in the Author's name if necessary, as may be required to restrain
such infringement or to seek damages. Author hereby agrees to
provide Publisher with reasonable assistance in the prosecution any
such action. The Publisher shall not be liable to the Author for the
Publisher's failure to take such legal steps. If the Publisher does
not bring such an action, the Author may do so in his/her name at
his/her own cost and expense. Money damages recovered for an
infringement shall be applied first toward the repayment of the
expense of bringing and maintaining the action and thereafter the
balance shall belong to the Author, provided, however, that any
money damages recovered on account of a loss of the Publisher's
profits shall be divided equally between the Author and the
Publisher.
21. DOCUMENTS
If any of the rights granted to the Publisher revert to the Author,
the Publisher shall execute and deliver all documents, which may be
necessary or appropriate to return to Author any and all rights in,
to and under the Work herein granted to Publisher.
22. LAW
This Agreement shall be construed in accordance with the laws of the
State of Utah.
23. INHERITANCE
This Agreement shall be binding upon and inure to the benefit of the
heirs, executors, administrators, and assigns of the Author and upon
and to the successors and assigns of the Publisher.
24. ALTERATION
This Agreement may not be modified, altered, or changed except by an
instrument in writing signed by the Author and the Publisher.
25. APPROVAL
The Publisher shall obtain the Author's advance approval of any
jacket or cover design, including the text to be used with the Work
and of any contracts with third parties for the publication of the
work, which approval shall not be unreasonably withheld.
X_______________________________
AUTHOR
X_______________________________
PUBLISHER
Send
as an email attachment, this signed (type name) and completed
Agreement (type requested information) to:
margaret.carr@sbcglobal.net
nrc1940@yahoo.com
Mail
3 copies of completed Agreement (with signature) to:
ePress-online, Inc.
4185 West 9600 North
Elwood, UT 84337
Copyright ©2001 - 2008, ePress-online Inc. All Rights Reserved
 |