This distribution agreement is effective this _____ day of _________ (month), _____ (year) between Sirius Publications (Distributor) with primary distribution being located at http://www.sirius-books.com (distributor website) and Distributor postal address and ________________________________________________________
(Publisher)
with primary place of business located at:
________________________________________________________
(Publisher postal address)
and at:
________________________________________________________
(Publisher website).
Distributor and Publisher agree to the following:
Definitions:
CD-ROM is defined as "compact disc read-only memory" which is a form of data storage.
Download is defined as a method of interactivity for communication which information is sent and retrieved between users on different computer systems.
Diskette is defined as a form of data storage encased in a plastic cover.
Ebook (aka E-Book, E-book, ebook, e-book, e-Book) is defined as a work of expressed art available exclusively in electronic format as download, CD-ROM, and/or diskette from the Publisher which requires a piece of equipment in order to view or read such art.
Print Book is defined as a work of expressed art available as a printed tangible object which requires no other equipment to view such art.
Tangible Product is defined as a product that one may touch or see which therefore includes, but is not limited to, books stored on CD-ROM and diskette and print book.
Drop-ship is when Publisher is required to send a tangible product directly to the customer, upon Distributor's request and/or upon notification of a sale.
Publisher warrants Publisher has exclusive license and right to sell each ebook or print book ("product" or "products"). Publisher grants Distributor non-exclusive license of distribution rights and display rights for the products listed at primary point of distribution. License shall be effective date of signed agreement. Publisher agrees to deliver, within thirty (30) business days from date of signed agreement, five (5) copies of each tangible product Publisher desires Distributor distribute at Publisher's expense to Distributor's postal address. Publisher will furnish Distributor with additional copies upon request to satisfy future orders and shall be paid solely for tangible products sold in the previous month as required.
Publisher will deliver future tangible products as they become available and which Publisher desires Distributor to distribute to Distributor's postal address. Publisher agrees to furnish each intangible product with required promotional material directly to the Distributor via email or any such means acceptable to both parties. Delivery of products must take place within thirty (30) business days from date of signed agreement. Distributor may elect to terminate contract due to non-delivery of products.
Distributor may sometimes drop-ship tangible products and may require that Publisher send the items directly to the customer after notification of a sale.
Publisher agrees Distributor has right to use author's likeness, name, and title of product in promotion and advertisements. Publisher agrees to furnish Distributor with promotional material for each product available now or in the future on a regular basis.
Publisher has the option include graphics and other information or descriptions for each product. Publisher agrees to provide graphics, information, or descriptions which are acceptable for viewing by all age groups.
Publisher agrees to notify Distributor thirty (30) business days prior to the end of Publisher's exclusive right of license and right to sell product available through Distributor. Publisher agrees to pay $1.00 each occurrence for orders Distributor accepted but which Publisher has relinquished exclusive right of license which will be deducted from regular monthly report.
Distributor will accept orders for and distribute copies of the intangible product by electronic means and tangible products by postal mail until such time Distributor or Publisher ceases operating as a business entity or product is no longer exclusively available from Publisher. Distributor will report daily sales to the Publisher via email as books are sold and distributed by electronic means. Publisher agrees Distributor shall be held blameless in accepting orders for and distributing product when Publisher relinquishes right to sell product without notification to Distributor.
Distributor has non-exclusive right to sell product at a price listed below Publisher's list price. Distributor agrees product may not be sold at any price above Publisher's list price. Distributor has non-exclusive right to determine shipping and handling charges which will be retained by Distributor.
Distributor agrees to pay Publisher by the twenty-eighth (28th) day of each month for sales in the previous month. Distributor agrees to pay Publisher seventy (70) percent of the Publisher's list price for tangible products and seventy (70) percent of the Publisher's list price for intangible products less any returns or adjustments as granted by Distributor. Distributor agrees to summarize transactions for Publisher in a tangible report twelve (12) times per year or as needed. Monthly reports will suffice as record paid. Publisher agrees to contact Distributor within thirty (30) days stating objection to written report otherwise report will be considered final and binding. Payments will not be due nor written reports required in any accounting period in which Distributor owes Publisher less than $25.00 to which amounts will be carried over to future accounting periods until amounts payable exceed $25.00.
Distributor agrees to return unsold tangible products to Publisher at Distributor's expense and remove the products from inventory in the case Publisher relinquishes exclusive right to sell product. Distributor and Publisher agree to uphold applicable laws and regulations in this agreement. Distributor and Publisher agree each party acts as an Independent Contractor. Disputes, defaults, or claims arising in connection to this agreement shall be heard only in a federal or state court having jurisdiction and located in the state in which Distributor is currently located with dispute first subject to mediation by a third party located in Distributor's state with both Distributor and Publisher to split the cost of any such mediator to which both Distributor and Publisher agrees to abide to the laws and ethics of mediator in that state. Publisher has right to request audit of Distributor's records for Publisher's company at their expense.
Distributor and Publisher agree that neither shall be held liable in the case of man-made disaster, "Acts of God", Civil disturbance, labor disputes, strikes or any occurrence that prohibits the other from performing as stated in this agreement. In this case, the party at fault will notify other party of failure to perform with such notice giving the party at fault thirty (30) days to rectify this agreement or agreement will be in default.
This agreement may not be reassigned or modified without an instrument in writing that refers to this agreement and agreed upon by both parties which is signed and dated a minimum of 180 days after this agreement went into effect. This agreement is an ongoing instrument unless terminated by either party with a thirty (30) day written notice sent by United States Postal Mail with return receipt requested for verification in the case that mail is lost or undeliverable.
SIGNED:
____________________________________________________________
Kerri Kadow, Publisher, Sirius Publications / Date Signed
SIGNED:
______________________________ __________________ ____________
Name, Title / Email address / Date Signed
This contract must be signed, dated and delivered by Publisher and Distributor or an agent thereof.