Books for Pleasure
E-BOOK PUBLISHING AGREEMENT
BOOKS FOR PLEASURE IS PLEASED TO ACT AS YOUR PUBLISHER IN CONNECTION
WITH YOUR LITERARY WORK ON THE CONDITION THAT YOU ACCEPT ALL OF
THE TERMS IN THIS AGREEMENT. PLEASE READ THE TERMS CAREFULLY. BY
SIGNING THIS AGREEMENT YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, BOOKS FOR PLEASURE IS
UNWILLING TO ACT AS YOUR PUBLISHER.
1.
The Parties
This is a publishing agreement between the author (hereinafter, AAUTHOR@) and
BOOKS FOR PLEASURE (hereinafter, APUBLISHER@), a Canadian Corporation with
its principal office at 22 Norton Street West, Cayuga, Ontario, N0A 1EO for the work
(hereinafter, AWORK@) listed at the end of this Agreement
2.
Grant of Rights
(1)
(2)
(3)
3.
The AUTHOR grants to the PUBLISHER the non-exclusive right to publish the
WORK electronically throughout the world.
The AUTHOR grants to the PUBLISHER the right to allow free downloading
over the Internet of a small portion of the WORK for promotional purposes.
The rights granted to the PUBLISHER are limited to publication, sale and
distribution of the WORK in electronic media over the Internet including but not
limited to various e-book formats and shall be marketed through the
PUBLISHER’S web-site, www.booksforpleasure.com or any other web-site
designated by the PUBLISHER.
Reserved Rights
All rights in the Work now existing or which may come into existence after this
agreement takes effect except those specifically granted to the PUBLISHER herein are
reserved to and by the AUTHOR.
4.
Term of Agreement
The duration of the rights granted under this agreement shall extend to two (2) years from
the date the PUBLISHER first releases the WORK for publication. Thereafter, the rights
granted under this agreement shall automatically renew for consecutive one (1) year terms
provided neither party gives at least ninety (90) days written notice, prior to the end of the
current term, that it desires to terminate the agreement.
5.
AUTHOR’s Warranty
(1)
(2)
6.
The AUTHOR warrants that he/she is the sole owner of the WORK and the sole
owner of the rights granted to the PUBLISHER under this agreement; that he/she
has full power and authority to make this agreement; that the work does not
infringe any copyright, violate any property rights, or contain any scandalous,
libellous or unlawful matter.
The AUTHOR will indemnify the PUBLISHER against all claims, losses, costs
and damages that the PUBLISHER may incur by reason of any breach or alleged
breach of these warranties. The PUBLISHER shall notify the AUTHOR promptly
of any such claim, and until such claim has been settled or withdrawn, the
PUBLISHER may withhold any sums due the AUTHOR under this agreement,
sufficient to cover the projected costs.
Termination by the AUTHOR
The AUTHOR may cancel this agreement for any reason upon ninety (90) days written
notice to the PUBLISHER. If the AUTHOR gives notice of cancellation, the
PUBLISHER shall have the right to exercise the rights granted in paragraph 2. for one (1)
year following the receipt of the cancellation notice.
7.
Termination by the PUBLISHER
Upon giving thirty (30) days 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, within sixty (60) days of termination,
will pay any accrued royalty payments due the AUTHOR subject to paragraph 5.(2).
8.
Royalties
The PUBLISHER will pay to the AUTHOR a royalty based on the PUBLISHER’S
Electronic Receipts. The PUBLISHER’S Electronic Receipts equals the payment the
PUBLISHER actually receives from sales of the WORK, less any distribution charges,
sales and use taxes, and returns or chargebacks. No royalties shall be paid for any
portions of the WORK distributed as a free download for promotional purposes.
Royalties shall be as follows:
50% payable to the AUTHOR for the first 5,000 copies sold
60% payable to the AUTHOR for any copies sold in excess of 5,000 copies
9.
Royalty Payments
PUBLISHER will make four (4) quarterly royalty payments to the AUTHOR per annum
within 60 days of the end of each calendar quarter. The PUBLISHER will not make any
advance payments to the AUTHOR for expected sales.
10.
Examination of Books
The AUTHOR or duly authorized representative of the AUTHOR shall have the right, at
the AUTHOR’s expense, to examine the books and records of the PUBLISHER in so far
as they relate to the sales of the WORK, at reasonable times during regular business hours
and upon reasonable notice; provided, however, that the PUBLISHER shall not be
required to keep or maintain, or make available to the AUTHOR or such representative,
any books or records relating to any matter or transaction for more than two years after
the date of such matter or transaction.
11.
Submission Guidelines
(1) AUTHOR shall abide by the following submission guidelines:
Submissions will be made via the PUBLISHER’S web-site through their
automated application and upload service, via floppy disk or via email, the full
particulars of which are detailed on the PUBLISHER’S web-site. Uploaded
material must include all of the required information including a copy of the
WORK and any graphic files associated with the work.
(2) Upon receipt of the AUTHOR’s submission, the PUBLISHER shall inspect the
AUTHOR’s application and upload material and reserves the right, in its sole
discretion, not to accept the submission upon receipt.
12.
13.
PUBLISHER’S Obligation to Publish
(1)
The PUBLISHER agrees to publish the WORK within sixty (60) days of its
acceptance of the final publishable copy unless it is mutually agreed to postpone
publication in the best marketing interests of the WORK, but failure to publish
within such period shall not be a breach of this agreement if the delay is caused by
any circumstances beyond the PUBLISHER’S control.
(2)
If the PUBLISHER does not publish the WORK within such time, except for
delays caused by external circumstances beyond its control, the AUTHOR may
give notice to the PUBLISHER to publish the WORK within sixty (60) days. If
the PUBLISHER does not thereafter make the WORK available within such sixty
(60) days, this Agreement shall terminate and all rights herein granted shall revert
to the AUTHOR.
PUBLISHER’S Changes
14.
(1)
The AUTHOR agrees to pay any costs of editing and illustrating the WORK
including any costs associated with illustrations for marketing purposes.
(2)
The PUBLISHER shall not make any changes to the WORK without the consent
o f the AUTHOR, provided, however, that the consent of the AUTHOR shall not
be unreasonably withheld where the PUBLISHER desires to make changes to
ensure that the WORK does not violate laws relating to libel or invasion of
privacy, or to make the WORK conform to the standard usage of punctuation,
spelling, and capitalization. The PUBLISHER shall submit the edited WORK to
the AUTHOR for approval after any such editing.
(3)
The title of the WORK shall be changed only by mutual consent of the AUTHOR
and the PUBLISHER.
Publication Format
The PUBLISHER shall have full discretion as to price, production, appearance and
formats of the WORK.
15.
16.
Copyright
(1)
The PUBLISHER agrees to register a copyright to the WORK in Canada in the
name of the AUTHOR and to print the copyright notice in every copy of the
WORK. The AUTHOR agrees to pay for all associated costs with obtaining such
registered copyright.
(1)
If the copyright is infringed in any manner, the PUBLISHER or the AUTHOR,
whoever first becomes aware of the infringement, shall notify the other
immediately and either party shall have the right to bring an action or proceeding
to enjoin the infringement, and for damages. If the PUBLISHER and the
AUTHOR proceed jointly, the expenses and recoveries, if any, shall be shared
equally. If the PUBLISHER and the AUTHOR do not agree to proceed jointly,
then either party shall have the right to go forward with an action or proceeding,
bearing all the expenses and retaining any recovery. If the PUBLISHER proceeds
alone the AUTHOR shall permit the action to be brought in his/her name and
shall take all steps necessary, including the execution of such documents as may
be required, to enable the PUBLISHER to proceed.
PUBLISHER’s Copies
The PUBLISHER shall receive one (1) free copy of the final published WORK.
17.
Publicity of AUTHOR’s Identity
The PUBLISHER is hereby authorized under this agreement to post and publish pertinent
information concerning the AUTHOR and the WORK. This information may include
elements of the AUTHOR’s application package such as the AUTHOR’s biographical
sketch and a brief synopsis of the WORK. The PUBLISHER may also post and publish
additional information that will help promote the AUTHOR or the WORK. If the
PUBLISHER request such information, the AUTHOR agrees to promptly provide the
information.
18.
Loss of Original Work
The PUBLISHER is not an insurer of manuscripts, drawings, photographs or other
electronic documents placed in its possession and shall not be liable for the loss of them.
19.
Entire Agreement
This agreement constitutes the entire agreement between the parties and supersedes any
and all prior written or oral agreements or understandings with respect to the Work. No
alteration, modification or waiver of any provision of it shall be valid unless in writing
and signed by both parties.
20.
Notices
Any notice, statement or other communication which either party may desire, or have the
right, or be obligated, to give under this agreement shall be in writing and shall be sent by
mail to the other party at its address provided either above for the PUBLISHER or in the
application package for the AUTHOR or to such other address or other agent or person as
such party may advise the other in writing.
21.
Jurisdiction
This agreement is governed by the laws of the Province of Ontario.. You hereby consent
to the jurisdiction of and venue in courts located in the Regional Municipality of
Hamilton-Wentworth in all disputes arising out of or relating to the services provided
under this agreement. In addition, you hereby consent to the exclusive jurisdiction of and
venue in such courts for any action commenced by you against Books For Pleasure (or its
affiliates).
Name:
________________________________
Address:
________________________________
Telephone Number: ________________________________
Fax Number:
________________________________
Email:
________________________________
Name of Work:
____________________________________________________________
Description of Work: ____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
Number of Words:
_____________________
File Size:
_____________________
Genre:
_____________________
AGREED AND CONFIRMED
____________________________________
Author:
______________________
Date:
____________________________________
Books for Pleasure Per:
______________________
Date: