Publisher Agreement - Exclusive or Non-Exclusive
This agreement made and entered into on this date
Choose one I wish this agreement to apply exclusively to the above named work I wish this agreement to continue for this and all future works
I wish this agreement to be: (See clause 4 below)
Choose one Exclusive Non-exclusive
1. RIGHTS AND LENGTH
Author grants to Publisher exclusive or non-exclusive world-wide electronic and print rights to the Work. This right shall apply to all uses of the Work in digital formats including all online formats, Internet, World Wide Web, CD ROM, diskette, DVD, and print book format, including print on demand and paperback formats. Contract shall be in force from the date of contract to one full year from the date the book is made available on the site. Contract will be renewed automatically unless discontinued by the method detailed below.
Author represents and warrants to Publisher that:
Author holds all required rights and interest in and to the Work necessary for Publisher to publish the Work under the terms of this Agreement.
Author has the right to grant the rights with respect to the Work and its intended use for this Agreement.
The Work does not infringe on any copyright, trademark, trade secret or other proprietary right of any other person.
The Work does not contain matter which is libellous, slanderous, an invasion of privacy, an unlawful appropriation of name and likeness, defamation of character, or is otherwise injurious to the rights of any other person and that Author has obtained all necessary consents prior to submission to Publisher.
Publisher shall publish the Work in electronic and print format no later than three months after the acceptance by Publisher of the completed Work. In the event of delay from causes beyond the control of Publisher, the publication date may be postponed accordingly. The work will be offered for sale for twelve (12) months under normal circumstances.
4. FEES AND ROYALTIES
Author will pay Publisher a one-time setup fee of £0 and £0 per year maintenance fee.
Publisher shall pay to Author royalties in an amount equal to:
Website sales: ( https://femdomcave.com) or other websites owned by Azon Publications Exclusive agreement = 50% of the gross revenue generated and collected by Publisher from any sale of the electronic Work or the sale of any portion of the electronic Work. Gross revenue is defined as retail price for the electronic Work or portion of the electronic Work less returns and discounts and printing fees when applicable. Publisher is authorised to withhold a 10% reserve against returns. Non-exclusive agreement = 35% of the gross revenue generated and collected by Publisher from any sale of the electronic Work or the sale of any portion of the electronic Work. Gross revenue is defined as retail price for the electronic Work or portion of the electronic Work less returns and discounts and printing fees when applicable. Publisher is authorised to withhold a 10% reserve against returns.
Other outlets: including but not exclusively; Amazon Kindle, Lulu Press and Kobo Exclusive agreement = 35% of the gross revenue generated and collected by Publisher from any sale of the electronic Work or the sale of any portion of the electronic Work. Gross revenue is defined as retail price for the electronic Work or portion of the electronic Work less returns and discounts and printing fees when applicable. Publisher is authorized to withhold a 10% reserve against returns. Non-exclusive agreement = 25% of the gross revenue generated and collected by Publisher from any sale of the electronic Work or the sale of any portion of the electronic Work. Gross revenue is defined as retail price for the electronic Work or portion of the electronic Work less returns and discounts and printing fees when applicable. Publisher is authorized to withhold a 10% reserve against returns. No royalties shall be paid for free copies furnished to the Author, reviewers, sample or promotional copies. Publisher shall forward to Author a payment each month, provided royalties earned are more than £10. If Author has earned less than £10 in any month, it will be held over to the next month. All fund amounts herein shall be in pounds sterling. All payments are made via PayPal and the Author will be required to maintain a PayPal account.
Publisher may offer Works at a discount at its discretion.
In the UK copyright is an automatic right and arises whenever an individual or company creates a work. The author shall secure any other appropriate copyright to the work.
Copyright: If this work has been copyrighted, a copy of the copyright registration should be submitted to the publisher.
Author grants to Publisher the right to promote the Work in any manner, including catalogues, advertisements and online promotions. Author agrees to cooperate with Publisher in promoting the work. Publisher shall have sole discretion with respect to the marketing, promotion, price and discounts of the Work on the Internet or other digital networks pursuant to the Agreement. The publisher shall to the best of its ability ensure that the copyright notice shall appear in accordance with UK Copyright Law, showing the author (or duly assigned representative or entity) as the owner and holder of the copyright to the work.
Author’s Name and Publisher’s Trademark: The Publisher shall have non-exclusive right to use the Author’s name, likeness, and biographical material for the purpose of advertising, publishing, and promoting the work itself, its title, and all material, including characters in the work, through their use on or in connection with the merchandise. Author retains the right to characters, series titles or trademarks they developed and the publisher shall have non-exclusive use of same to needed to publish and promote authors work. Author may use a pseudonym or their real name. We do not require exclusive use of the name.
The Author shall not have the rights to, or in, any trademark, service mark trade name, or logos used by the Publisher, unless expressly permitted to do so in writing. The Author may, with publisher's permission, have limited use of the Publisher's logo in approved promotional material. Author may also use the cover illustration in their promotional materials. Author may not provide the Publisher's copyrighted cover for use to other publishers such as audio, print, etc. without permission and probable remuneration for such use.
Publisher will not be liable for lost manuscripts or defective media. Author should always keep a backup copy.
8. FINAL MANUSCRIPT
Failure to deliver acceptable, final revised manuscript in the length of time agreed upon, within reasonable limits, will void this contract.
9. COVER ART
"Cover" art may be provided by and copyrighted by the publisher or the Author may be required to provide it. However, if the author has cover art he/she wishes to provide, author must warrant that provided art, whether hand, computer, or photo generated, is either owned by the author or doesn’t infringe on any copyrights. Author provided art needs to meet certain specifications, so if the author wishes to submit cover art, check with us before preparation. Publisher has final approval on all art used, in consultation with author.
10. WEB SITE
Publisher will make every effort to maintain the web site and update it on a regular basis. Publisher will not be liable for site downtime or interrupted transmissions.
Publisher shall have the right to edit the Work to ensure proper style, spelling, grammar, formatting and ensure saleability of the Work. Publisher shall not make any changes, or additions to, or eliminations from the work without the consent of the author.
Sales Clauses: Clause for royalties on books sold at conferences, signings, etc, and in stores, either online or "physical": Author will receive 25% royalty of the net retail price after the store or organisation's deduction. Author has the option of striking the outside sales clause. However, their books will not then be available at stores or signings unless they purchase books at retail, or purchase their discount option books to use.
Author has the option of striking this clause. Short Run Printing clause: In the future, Author will have the option to publish the Work via short run printing, which will be a mass market paperback provided through a printing company. Such company may require a fee from the Author which will be the Author's responsibility. Publisher and Author will agree upon terms and on royalties to be paid on these books as a separate agreement.
Author has the option of striking this clause.
Notwithstanding the terms set out above, contract may be terminated by either the Author or the Publisher with a 30-day written notice via email (The other party must confirm receipt via a reply email), and all rights granted the publisher will revert to author at the time of such termination. This notice must be followed by written, signed notice to send by Author or Publisher to the other party.
If, in the sole determination and discretion of Publisher, further marketing, publication and sale of the Work will no longer be a profitable venture, Publisher may discontinue publishing, distributing and selling Work. Publisher may terminate this Agreement at any time by giving 30 days written notice via email to Author providing Publisher pays all amounts due Author within that time. Termination of this Agreement by either Author or Publisher shall not affect the rights of any Purchaser.
Author shall indemnify and hold harmless Publisher from and against all claims, suits, demands, actions and proceedings, judgments, penalties, damages, costs and expenses (including legal fees and costs), losses or liabilities of any kind which may arise or result from
The Work, or any part thereof, infringing the copyright, trademark, trade secret or other intellectual property rights of any other person,
From breach of any foregoing representations or warranties of the Author, and
Any misuse by any End User of any information or alleged information contained in the Work.
With respect to the foregoing indemnification: (i) Author shall notify the Publisher of and keep fully advised of any claim or suit; (ii) Publisher shall have the right to participate, at its expense, in any suit instituted against it and to approve any attorneys selected by the other party to defend it, which approval shall not be unreasonably withheld or delayed; and (iii) Author assuming the defence of a claim or suit against the Publisher shall not settle such claim or suit without the prior written approval of the Publisher, which approval shall not be unreasonably withheld or delayed. It is understood and agreed that Author shall have the non-exclusive right to take all necessary legal actions against any infringement of the Work.
This is the complete and exclusive Agreement between Publisher and Author and supersedes all proposals, oral or written, and all other communications between the parties relating to the subject matter of the Agreement. This Agreement may not be modified orally. This Agreement may be modified in a written Agreement signed by both parties.
This Agreement shall be governed by and interpreted in accordance with the laws of England and Wales where the Publisher resides. Each of the parties hereto irrevocably consent to the jurisdiction of the courts of England and Wales; agree that any action, suit or proceeding between the parties hereto shall be brought in that jurisdiction.
If during the existence of this agreement the copyright shall be infringed, the Publisher may, at its own expense, take such legal action, in the Author's name if necessary, as may be required to restrain such infringement or to seek damages therefor. 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 name at his own 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.
This Agreement shall not make either party the agent of the other, nor create a partnership, joint venture or employer-employee relationship between the parties. Author acknowledges that it has no power to obligate or bind Publisher in any manner whatsoever.
The waiver by either party of any default or breach of this Agreement shall not constitute a waiver of any other or subsequent default or breach. This Agreement shall be binding upon and inure to the benefit of the parties named herein and their respective successors and assigns.
20. BANKRUPTCY AND INSOLVENCY
If a petition in bankruptcy shall be filed by or against the Publisher, or if it shall be judged insolvent by any court, or if a Trustee or a Receiver of any property of the Publisher shall be appointed in any suit or proceeding by or against the Publisher, or if the Publisher shall make an assignment for the benefit of creditors or shall take the benefit of any bankruptcy or insolvency Act, or if the Publisher shall liquidate its business for any cause whatsoever, this agreement shall terminate automatically without notice, and such termination shall be effective as of date of the filing of such petition, adjudication, appointment, assignment or declaration or commencement of reorganiSation or liquidation proceedings, and all rights granted hereunder shall thereupon revert to the Author.
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.
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