Exclusive Print on Demand/Digital Contract
This agreement made and entered into on this _______ day of __________,
by and between Sirius Publications, a division of MSG.Net, Inc. (hereinafter
the "Publisher") and
__________________________________________________ (hereinafter the "Author") for the Work entitled___________________________________(the "Work".)
I. RIGHTS AND TERM
Author grants to Publisher exclusive world-wide print on demand rights to the Work for as long as contract is in force. Contract shall be in force from the date of contract to five full years from the date the book is made available on the site. Contract will be renewed automatically unless discontinued by the method detailed below.
Author agrees to pay a one-time initial fee of $199 which is required for Print on Demand publication, as well as $25 per subsequent year. If the Author requires changes made to the book after initial printing through print on demand, there is an additional $199 setup fee to be paid by the Author.
III. AUTHOR ASSERTIONS
Author represents and warrants to Publisher that (i) 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, (ii) Author has the right to grant the rights with respect to the Work and its intended use for this Agreement, (iii) the Work does not infringe on any copyright, trademark, trade secret or other proprietary right of any other person, (iv) the Work does not contain matter which is libelous, 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.
IV. TIME FRAME
Publisher shall publish the Work in print format no later than three months after this contract has been signed by both parties and payment of the initial fee has been made. 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 five years under normal circumstances.
Publisher shall pay to Author royalties in an amount equal to 35% of the net revenue generated and collected by Publisher from any sale of the Work or the sale of any portion of the Work. Net revenue is defined as retail price for the print Work or portion of the print Work less returns and discounts and overhead (including but not limited to credit card transaction fees). Publisher is authorized to withhold a 10% reserve against returns. Publisher may offer Works at a discount at its discretion. No royalties shall be paid for free copies furnished to the Author, reviewers, sample or promotional copies. Publisher shall forward to Author a royalty statement and payment twice yearly, based on the preceding sales. All fund amounts herein shall be in United States dollars.
VI. COPYRIGHT The author shall secure US and other appropriate copyright to the work. Copyright: The author warrants that this work is not currently in the public domain. If this work has been copyrighted, a photo-copy of the copyright registration should be submitted to the publisher. It is understood that all rights to print or publish electronically do hereby remain the exclusive right of Sirius Publications.
A. Author grants to Publisher the right to promote the Work in any manner, including catalogs, 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 U.S. Copyright Law, showing the author (or duly assigned representative or entity) as the owner and holder of the copyright to the work.
B. Authorís Name and Publisherís Trademark: The Publisher shall have non-exclusive right to use the Authorís 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.
C. 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.
VIII. BACKUP AND DELIVERY Publisher will not be liable for lost manuscripts or defective disks. Author should always keep a backup copy. Failure to deliver acceptable, final revised manuscript in the length of time agreed upon, within reasonable limits, will void this contract.
IX. COVER ART
"Cover" art may be provided by and copyrighted by the publisher. 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 doesnít 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.
X. 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 do editing of the Work to insure proper style, spelling, grammar, formatting and insure salability of the Work. Publisher shall not make any changes, or additions to, or eliminations from the work without the consent of the author.
XII. "Other" Sales Clauses:
A. 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 printing cost and store or organization'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.
Accept__________________ Decline__________________ (Please initial one choice)
B. Author initiated sales: Royalties on bulk sales that the author initiates shall be an additional 1% royalty for each 500 book sales increment reached, up to a maximum of an additional total royalty add-on of 10%.
C. Self-publishing/short-run printing clause:
In the future, Author will have the option to publish the Work through a short-run printing, which will bound copies 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 royalties to be paid on these books as a separate agreement.
Author has the option of striking this clause. In that event, their work will not be made available to the short-run printers.
Accept__________________ Decline________________ (Please initial one choice.)
Notwithstanding the terms set out above, contract may be terminated by either the Author or the Publisher with a 90-day written, certified mail notice or other receipted delivery service, and all rights granted the publisher will revert to author at the time of such termination.
In the event of termination by the author, Publisher shall have the right to sell any remaining inventory after the termination date, for which the Author shall receive their regular royalty. Author will have the option of purchasing any remaining inventory at 50% of retail price. 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 Sixty (60) days written notice to Author providing Publisher pays all amounts due Author within that time. In the event of termination of this Agreement, Publisher shall have sixty (60) days after notice is received in which to stop offering the Work, and if any sales are made during this time, then royalties shall remain payable to Author. Termination of this Agreement by either Author or Publisher shall not affect the rights of any Purchaser.
XIV. LIABILITIES 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 (i) the Work, or any part thereof, infringing the copyright, trademark, trade secret or other intellectual property rights of any other person, (ii) from breach of any foregoing representations or warranties of the Author, and (iii) 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 defense 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.
If any of the provisions, or portions thereof, of this Agreement are invalid under any applicable statute or rule of law, they are to that extent to be deemed omitted and the balance of this Agreement shall remain in full force and effect.
XVI. WAIVER AND MODIFICATION
. 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.
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 internal substantive laws of the U.S. State where the Publisher resides. Each of the parties hereto irrevocably consent to the jurisdiction of the state and federal courts located in that state and agree that any action, suit or proceeding between the parties hereto shall be brought in that state.
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.
XX. 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 reorganization 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.
Sirius Publications (tm)
Printed name: Kerri Kadow, Publisher