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Profit Share – sample publishing contract
IRISWHITE MEDIA
Manuscript Publishing Contract
__________________________
I. PARTIES
This is a Publishing Agreement between Sharon Doe (AUTHOR) and
Iriswhite Media (PUBLISHER), a division of Webstatic
Enterprises, Inc., a North Carolina corporation with its principal
office at 1515 Woodberry Lane, Fayetteville, NC 28303, for the
manuscript entitled “How I Published My Book” (WORK).
II. LICENSE TO PUBLISH
AUTHOR grants to the PUBLISHER the worldwide license to publish the
WORK in any print or electronic media/format, in whole or in part,
in the English language. AUTHOR also grants to the PUBLISHER the
right to make the work viewable on the PUBLISHER’s website, sites
owned or operated by Webstatic Enterprises, Inc., or partner web
sites that have entered into agreements with the PUBLISHER, in order
to facilitate promotion, marketing and direct or indirect sales of
the WORK.
III. STORAGE AND HANDLING
AUTHOR grants to the PUBLISHER the right to store, use, transmit and
distribute electronic, paperback and hardbound copies of the WORK as
required to facilitate the printing, promotion, selling and
distribution process. This grant includes the PUBLISHER’s vendors
and affiliates.
IV. OTHER RIGHTS
All publication rights not explicitly granted to the PUBLISHER are
reserved to the AUTHOR.
V. TERM
The license for the WORK shall extend for five (5) years after the
date the PUBLISHER first makes it available for retail sale. The
license will automatically renew for consecutive one (1) year terms
if neither party gives at least sixty (60) days advance written
notice, prior to the end of the current term, that it desires to
terminate this contract.
VI. AUTHOR CANCELLATION
AUTHOR has the right at any time after this contract has been in
force for three years, to cancel this agreement with sixty (60) days
advance written notice to the PUBLISHER. If the AUTHOR chooses to
cancel, the PUBLISHER will have the nonexclusive right to exercise
the licensed rights granted in Paragraph II above for one (1) year
following the receipt of the cancellation notice or until all copies
of the WORK covered by this contract that are then in the
PUBLISHER'S inventory stocks have been sold or otherwise disposed of
by the PUBLISHER; whichever occurs first.
VII. PROFIT ALLOCATION
PUBLISHER will pay the AUTHOR seventy percent (70%) of the NET
profit received by the PUBLISHER for the sale of each printed
(paperback or hardbound book) copy of the WORK. Net profit is
defined as “the price paid by purchasers minus the cost of wholesale
printing, shipping and handling charges, sales and use taxes,
returns, credit card fees, and any commissions paid to affiliates
for selling the WORK.” If the work is published in e-book
(electronic) format; for sales of electronic copies of the work, the
PUBLISHER will pay the AUTHOR a royalty equal to fifty percent (50%)
of the NET profit for each electronic copy sold. Profit allocation
will not be paid on print or electronic copies of the WORK provided
or sold to the AUTHOR.
VIII. PROFIT PAYMENTS TO AUTHOR
PUBLISHER will make four annual royalty payments, if earned, to the
AUTHOR within thirty (30) days of the end of each calendar quarter.
If the royalty payment due in a single calendar quarter is less than
twenty-five U.S. Dollars ($25) the balance will be applied to the
next calendar quarter until the royalty payment due equals or
exceeds twenty-five U.S. Dollars ($25), at which time the PUBLISHER
shall make the appropriate royalty payment to the AUTHOR. Payment by
check in U.S. dollars will be mailed via U.S. postal service to the
AUTHOR. AUTHOR is solely responsible for the payment of applicable
federal and state personal income taxes on payments received from
PUBLISHER.
IX. PUBLICATION
PUBLISHER intends to make the WORK available for distribution and
sale within ninety (90) days after receipt of all required materials
relating to the WORK including this signed agreement, but in no case
later than one hundred eighty (180) days after the receipt of all
the required materials relating to the WORK. If the PUBLISHER does
not make the WORK available within such time, except for delays
caused by external circumstances beyond its control, the AUTHOR may
give written notice to the PUBLISHER to make the WORK available
within thirty (30) days. If the PUBLISHER fails to comply, this
Agreement shall terminate and all rights herein granted shall revert
to the AUTHOR.
X. PUBLICATION FORMAT
PUBLISHER shall have full discretion as to price, production,
appearance, formats and media of the WORK.
XI. PARTIAL PUBLICATION
After the WORK has been published in accordance with Paragraph II
above, the PUBLISHER may choose to include all or part of the WORK
in a larger compilation or collective work. The AUTHOR shall receive
a pro-rated share of the royalties otherwise payable pursuant to
Paragraph VII above based on the percentage used from the WORK as
compared with the whole compilation or collective work.
XII. AUTHOR PROOF
PUBLISHER will provide the AUTHOR with a pre-publishing proof of the
WORK prior to submission of the WORK to PUBLISHER’s contracted
printer. The AUTHOR shall have up to thirty (30) days to review and
check the WORK utilizing commonly accepted proofing conventions
and/or style guides. It is understood by the AUTHOR that the
PUBLISHER may terminate publication in the event the AUTHOR does not
provide the required proof review feedback within 30 days of receipt
of the proof.
XIII. COPYRIGHT AND TITLE REGISTRATION
PUBLISHER agrees to specify the copyright owner of the WORK as
“Shirley Doe” in the WORK. PUBLISHER agrees to secure a unique ISBN
for the WORK. PUBLISHER agrees to apply for a Library of Congress
number for the WORK if the published media format meets the legal
requirements for obtaining an LCN.
XIV. AUTHOR COPIES AND DISCOUNTS
AUTHOR shall receive three (3) free copies of the book upon
publication. AUTHOR shall have the right to purchase copies of the
WORK from the PUBLISHER at wholesale printing cost plus the cost of
shipping and handling. Wholesale costs vary in proportion to the
total number of WORKS included in a single order. All AUTHOR
payments must be made in advance. The PUBLISHER is not required to
pay royalties on any direct sales to the AUTHOR of the WORK. AUTHOR
may sell copies of the WORK purchased by AUTHOR at wholesale for any
selling price deemed appropriate by the AUTHOR. When the AUTHOR
purchases copies of the WORK at wholesale cost and subsequently
sells those copies; no royalty payment is payable from PUBLISHER for
those works sold by the AUTHOR and PUBLISHER accrues no entitlement
to profit share on those copies.
XV. AUTHOR WEBSITE
The AUTHOR shall have the right to post the WORK or parts of the
WORK on their personal websites for promotion or sale. AUTHOR
will not publish or contract any website that competes with
the PUBLISHER’s websites; or any Webstatic Enterprises, Inc.
owned websites for sales of the WORK; without prior written
consent of the PUBLISHER.
XVI. TITLE AND AUTHOR INFORMATION
The PUBLISHER may post and/or publish pertinent information
regarding AUTHOR or WORK. The information may include the AUTHOR's
biographical sketch and description of the WORK. The PUBLISHER may
also post additional information that will help promote the AUTHOR
or WORK. If the PUBLISHER requests such information for promotional
purposes, AUTHOR agrees to promptly provide the information.
PUBLISHER may not make public any AUTHOR personal information
normally considered to fall under provisions of the Federal Privacy
Act.
XVII. MARKETING, PROMOTION AND SALES OF THE WORK
PUBLISHER will promote and sell the WORK from the PUBLISHER’s
primary website (iriswhite.com); and additional sites owned by
the PUBLISHER and Webstatic Enterprises, Inc. at the sole discretion
of the PUBLISHER and as successfully negotiated with Webstatic
Enterprises, Inc. PUBLISHER will attempt to make the WORK available
for sale through amazon.com and
abebooks.com.
PUBLISHER has no explicit, implicit, implied or other obligation to
market, promote or sell the WORK except as stipulated in this
agreement. PUBLISHER may however, market, promote and sell the WORK
using any appropriate organization, media or channel without prior
agreement from, or coordination with the AUTHOR. The AUTHOR may
promote the WORK through any organizations, media or channels deemed
appropriate by the AUTHOR. AUTHOR must identify the PUBLISHER in any
advertisements or promotions for the WORK. AUTHOR has the right to
sell copies of the WORK obtained through the PUBLISHER and may
establish the sale price for the WORK sold directly by the AUTHOR
out of AUTHOR’s own inventory, except as restricted by the
no-competition provision of paragraph XV above. The AUTHOR will not
promote the WORK on or from any sexually explicit pornography or
illegal website.
XVIII. SUBMISSION OF WORK FOR REVIEWS AND CONTESTS
PUBLISHER has the right to submit the WORK for appropriate reviews
or contests worldwide, at the sole discretion of the PUBLISHER. When
PUBLISHER submits the WORK for contests or reviews, the PUBLISHER
will pay all fees and provide copies of the WORK required for the
review or contest process. PUBLISHER has no explicit, implicit,
implied or other obligation to submit the work for any review or
contest, except as stipulated in this agreement. PUBLISHER may
however, submit the work for reviews or contests without prior
agreement from, or coordination with the AUTHOR. The AUTHOR has the
right to submit the WORK for reviews or contests when AUTHOR
personally pays the required fees and submits the required copies of
the WORK for the review or contest. The PUBLISHER will not pay any
fees or provide cost-free books for reviews or contests submitted to
by the AUTHOR.
XIX. PUBLISHER BANKRUPTCY OR DISSOLUTION
If the PUBLISHER commences bankruptcy or dissolution proceedings,
all rights to the WORK shall immediately revert to the AUTHOR.
XX. TERMINATION BY PUBLISHER
Upon giving sixty (60) days advance written notice, the PUBLISHER
may terminate publication of the WORK without cause, at which point
the rights to the WORK immediately revert to the AUTHOR. The
PUBLISHER may also immediately suspend or terminate the publication
of the WORK upon acquiring knowledge of an actual or potential
liability claim relating to the WORK. The PUBLISHER shall pay any
accrued royalty income due the AUTHOR within sixty (60) days of the
end of the calendar quarter during which the contract is terminated.
XXI. AUTHOR WARRANTIES
AUTHOR represents and warrants the following to the PUBLISHER: (i)
AUTHOR is the sole owner of the WORK (including any associated cover
or interior graphics supplied by the AUTHOR) and has the full power,
authority and right to enter into this Agreement; (ii) this
Agreement does not conflict with any arrangements, understandings,
or agreements between the AUTHOR and any other person or entity;
(iii) the WORK is not in the public domain and is entirely original
except for portions thereof for which legally effective written
licenses or permissions have been secured; (iv) the WORK and all
rights therein are free of liens, claims, interests or rights in
others of any kind; (v) the WORK as submitted, and its publication
by the PUBLISHER, do not and will not violate or infringe upon any
personal or proprietary rights, including without limitation
copyrights, trademark rights, trade secret rights, contract rights,
privacy rights, or publicity rights of any other persons; (vi) the
WORK is not defamatory, or in any other way illegal; and any
recipes, formulae, instructions, or recommendations contained in the
WORK are not and will not be injurious to any reader, user, or third
person; (vii) all information provided about the AUTHOR is accurate.
XXII. INDEMNIFICATION
AUTHOR agrees to fully indemnify, defend and hold harmless the
PUBLISHER and its AFFILIATES from and against any losses, lost
profits, damages, liabilities, judgments, awards, decrees,
settlements, or expenses (including without limitation, reasonable
attorney's fees and court costs) arising from, connected with, or by
reason of any breach or alleged breach of any of the representations
and warranties set forth above, but the AUTHOR shall not be liable
for any matter inserted in the WORK by the PUBLISHER or its
licensees. All warranties and indemnification made by the AUTHOR
herein shall survive termination of this Agreement or any license
hereunder. “AFFILIATES” means owners, shareholders, officers,
directors, employees, parents, subsidiaries, affiliated companies,
licensees, distributors, advertisers, Internet service providers,
attorneys, and accountants and any other person or entity to whom
PUBLISHER extends its license or warranties to in connection with
the production, dissemination, transmission, promotion, publication,
sale or distribution of the WORK or the exercise of any rights
therein or derived therefrom.
XXIII. NOTICES
All notices must be given in writing to AUTHOR’s postal address
specified below and to PUBLISHER’s postal address specified below.
Notwithstanding the foregoing, e-mail notices may be used for
matters involving proofing, marketing, sales, WORK publication and
other routine coordination between AUTHOR and PUBLISHER.
XXIV. GENERAL PROVISIONS
This Agreement shall be governed by the internal laws of the State
of North Carolina as a contract fully executed and to be performed
in Cumberland County, North Carolina, without regard to conflict of
laws rules, and shall bind and benefit the applicable heirs,
successors, assigns, and personal representatives of the parties
hereto, though AUTHOR may not assign this Agreement or any rights or
obligations hereunder, by operation of law or any other manner,
without the PUBLISHER’s prior written consent, such consent not to
be unreasonably withheld. If any term or provision of this Agreement
is illegal or unenforceable, then, nonetheless, this Agreement shall
remain in full force and effect and such term or provision shall be
deemed deleted or curtailed only to such extent as is necessary to
make it legal or enforceable. This Agreement represents the complete
understanding between the parties as to its subject matter and
supersedes all prior understandings, if any, as to its subject
matter. No modification, amendment, or waiver shall be valid or
binding unless made in writing and signed by all parties hereto.
By signing and completing the following, the AUTHOR and PUBLISHER
agree to all the terms and conditions in this Agreement.
SIGNATURES AND CONTACT INFORMATION
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