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Author
Sample Contract - Liquid Silver Books
This contract is entered into on
the__________ of ________, _______, between Liquid Silver Books,
an imprint of Atlantic Bridge (hereinafter known as "Publisher")
located at 10509 Sedgegrass Dr, Indianapolis, Indiana 46235
and____________________(hereinafter known as "Author")of
_______________________________ concerning a work presently known
as ___________________________ (hereinafter known as "Work").
The Contract is considered legal
and binding in all countries. If there should be any legal dispute,
the laws of the state of Indiana shall apply.
I. The Author hereby represents
and warrants to the Publisher that:
A. The Work is free and clear of
any counts of libel, plagiarism, breach of privacy or misrepresentation
of facts.
B. The Work does not infringe upon
any copyright or proprietary right, common law or statutory law,
and does not contain any material of libelous nature.
C. The Work is not in the public
domain and the Author is the sole owner and copyright holder of
the work with full power to enter into this contract.
D. If the Work has been previously
published in whole or part, the Author currently holds all copyrights
to the Work and is legally permitted to enter this agreement.
E. The Author releases Publisher
from any responsibilities relating to any legal actions incurred
by the contents of the Work or the Author.
This representations contained herein
are true on the date of the signing of this contract.
F. The Publisher will obtain appropriate
ISBNs for the Work..
II. Grantor of Rights:
A. The Author, on behalf of himself/herself
and his/her heirs, executors, administrators, successors and assignees,
agrees to grant the Publisher exclusive rights to produce, publish
and sell in electronic format (including email, download, disk,
CD, or any other digital format known or to be invented),the Work.
This contract does not infringe on print rights.
III Term of Contract:
A. Electronic rights will be exclusive
for one year commencing on the date the Work becomes available
for sale on the Publisher's site. After such time, the contract
can continue if both parties agree.
Contract may be terminated after
one year 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.
Upon breach of contract, the Contract
may be terminated by either party with a 30-day written notice.
Notification of breach and intention to terminate the contract
is to be delivered by certified mail or other receipted delivery
service. If breaching party corrects breach within 30 days, the
Contract shall continue to remain in place until its natural expiration.
Upon expiration of the Contract term, if Contract is not continued,
all rights granted the Publisher will revert back to author.
B. During the term of the contract,
the Work will not be said to be out of print.
IV. Manuscript Preparation:
A. Author shall provide an acceptable,
final revision of the manuscript in either Microsoft Word or RTF
within the time agreed upon or this contract will be void. Publisher
will not be held liable for lost manuscripts or defective disks.
Author should always keep a back up copy.
V. Royalties and Statements
A. Publisher and Author will mutually
set the retail price of the Work based on length and comparable
works. Publisher agrees to pay to the Author, a royalty of 40%
of the retail download price in United States dollars (USD) on
all sales of the Work sold through the Publisher's website. If
the Work is purchase on disk or CD, the royalty will also be 40%.
B. The Publisher has the right to
contract with distributors, bookstores, vendors, organizations
and or outlets of electronic books to sell the Work in association
with the Publisher's name. For all sales through these outlets,
the Author will be compensated 40% of the download price less
any handling costs or discounts charged by the outlet. The
Author has the right to strike this if he/she does not wish to
permit titles to be available through these outlets.
C. In order to stimulate sales,
the Publisher reserves the right to lower the price of the Work
after a reasonable amount of time if the price appears to be too
high (no sooner than three months).
D. Royalties shall be calculated
and paid no later than forty-five (45) days following the end
of each calendar quarter for sales during that quarter. Royalties
shall be paid by check or PayPal, unless previous arrangements
are made with the author. Payment arrangements, mutually agreed
upon by the Publisher and the Author, shall be made for payment
of royalties to Author if he/she resides outside the USA. Royalties
equaling less than $20 will be held until such time as they accrue
to $20 or above. Any withheld royalties shall be paid immediately
upon Contract termination.
E. If Author has elected to grant
Publisher the right to contract with various distributors and
outlets, royalties will be paid to Author contingent on payment
received from distributor. In most cases, distributors pay Publishers
every sixty to ninety days for sales through their channels during
those timeframes.
F. No royalty shall be paid on paper
or digital copies distributed for review, advertising, publicity,
promotional purposes, samples, or other similar purposes, or on
copies sold below or at cost.
F. The Author is responsible for
paying his/her own taxes on all royalty payments received from
Publisher and is advised to keep accurate records for tax purposes.
A 1099misc form will be sent to the author if royalty payments
are in excess of $600 in a calendar year.
VI. Marketing and Promotion
A. The Author shall provide the
Publisher with biographical information, a photo (if author desires),
and a suggested blurb for use on Publisher's website. Author
agrees to give Publisher the right to use the Author's name, likeness,
title of work and biographical material for publishing, advertising
and promoting the Work. Publisher reserves the right to edit or
rewrite the blurb submitted by Author.
B. Cover art will be provided by
Publisher. If the Author has his/her own cover art, the Author
must warrant that the provided art is either owned by the Author
or that it does not infringe on any copyright.
C. Publisher reserves final approval
of art in consultation with Author.
D. Author agrees to self-promote
the Work to the best of his/her ability. If Author has his/her
own website, the Work must be linked to the Publisher's website.
With any promotional material the Author generates, the Author
will consult with Publisher to insure proper use of Publisher's
name and/or other information.
E. Author may use up to 3 chapters
to post on his/her website or to give away as "teasers"
to promote the work provided it includes a link to Liquid Silver
Books.
F. Publisher will send out the work
for review to no less than three review sites. Author may request
a review copy on CD for his/her promotional efforts. Author
is encouraged to solicit reviews along with the Publisher. For
added promotional purposes, Publisher and Author agree to notify
each other as to what review sites submissions have been made.
G. With enough advance notice, Publisher
will provide Author any needed book copies for Author appearances
or signings. These copies would be in the format of CD and can
be purchased by the author at a discount set by the Publisher.
VII Assignment
A."Liquid Silver Books"
and imprint of "Atlantic Bridge" may at any time sell
itself, or the majority of itself, its holdings, or licenses.
Current contracts would transfer to the new owner.
B. Bankruptcy: If "Atlantic
Bridge Publishing" is legally judged bankrupt or liquidates
its business, this Contract shall be terminated effectively and
all rights granted to "Atlantic Bridge Publishing" and
"Liquid Silver Books" shall be terminated.
C. Audit: The Author may, with reasonable
notice, assign and designate a representative to examine the Publisher's
records as they relate to the Work. Such examination shall be
at the Author's expense unless errors are found in excess of 5%
of royalties in the Author's favor; in which case, the Publisher
shall then defray all usual, customary, and reasonable charges
for such audit. The Publisher shall pay the Author any sums due
within thirty (30) days.
VIII Entire Agreement:
This Contract hereby constitutes
the entire agreement between Author and Publisher and supercedes
all previous agreements regarding the Work, whether oral or in
writing. Modification of this contract may only occur in writing,
signed by both parties.
Author's Real Name: _______________________________________
Pseudonym (if any): _______________________________________
Street Address: __________________________________________
City, State, Zip: _________________________________________
Phone Number: _____________________________________________
Email Address: ____________________________________________
Website URL: ______________________________________________
Title of Work: ____________________________________________
Social Security Number:____________________________________
Author's Signature: _______________________________________
Date: _____________________________________________________
Liquid Silver Signature: ________________________
Date: ________________________
This is a sample contract.
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