I. PARTIES OF INTEREST
In the AUTHOR’s interest to have PENDIUM as his/her PUBLISHER and the PUBLISHER’s interest to perform certain Services for the AUTHOR, both parties understand and agree that the following is a PUBLISHING AGREEMENT between the author (hereinafter called the AUTHOR) and PENDIUM Book Group, Inc., (hereinafter called the PUBLISHER).
II. LICENSE TO PUBLISH
The AUTHOR hereby grants to the PUBLISHER the following non-exclusive rights and worldwide license to publish and sell the WORK, which WORK is a book, in print in the English language in the selected format(s):
[ ] Printed Trade Paperback (Perfect Bound) Edition.
[ ] Printed Hardcover (Case Bound) Edition.
III. COVER ART AND BACK BLURB
If selected, the PUBLISHER shall provide a professional and original cover design at the AUTHOR’s expense. AUTHOR will be asked to produce proposed back blurb text and suggestions for cover art. If AUTHOR contracts an artist to produce a book cover, AUTHOR must present documentation that he/she has permission to reproduce the proposed cover art from the copyright owner. If AUTHOR provides his/her own cover art, AUTHOR is responsible for formatting it in an appropriate graphics format of suitable reproduction quality.
PENDIUM offers two levels of professional editing services for our Premium Publishing selection only. Click here for details. PENDIUM does its best to make sure each manuscript is error-free and greatly improved, technically and grammatically. Copyedit should not be confused with substantive or rewrite editing. Note, our editors do not rewrite your manuscript. If the AUTHOR chooses to contract with an experienced editor outside of PENDIUM prior to the submission of their work, PUBLISHER will require that the edited version (red marked, with track changes) of the AUTHOR’s work be supplied to PENDIUM for examination.
V. OWNERSHIP OF CHARACTERS
Except as allowed under the sections of this agreement governing promotion of the WORK, AUTHOR owns the characters and controls their use in sequels or series books, whether published by PUBLISHER or another PUBLISHER. PUBLISHER will have a non-exclusive right to use the title, and all material, including characters in the WORK, for the purpose of advertising, publishing and promoting the WORK.
VI. EXCERPTS PERMISSIONS
The AUTHOR grants non-exclusive rights to the PUBLISHER in the exercise of its discretion, to grant permission to publish extracts from the WORK on the PUBLISHER’S web site to advance the sale of the WORK or enhance the public esteem of the AUTHOR.
The Author may cancel this agreement at any time. The Author may enter into another publishing agreement for the WORK at any time. If the Contract is not terminated by either the AUTHOR or PUBLISHER, the license for the WORK shall extend every thirty days after the date the PUBLISHER first releases the AUTHOR’s WORK for publication into the general market. The license will automatically renew for consecutive thirty (30) day terms if neither party gives advance written notice that it desires to terminate.
VIII. TERMINATION OF CONTRACT
At any time, this Contract may be terminated by either the AUTHOR or PUBLISHER with a 30-day written, certified mail notice or other receipted or traceable delivery service, including e-mail where return acknowledgment is received, and all rights granted the PUBLISHER will immediately revert to the AUTHOR at the time of the termination. Upon this termination, PUBLISHER will remove listing of the WORK from its website and all download-based distributors and advise Books-in-Print that the particular ISBN is no longer in print. Be advised that termination of the contract does not entitle you to a refund.
IX. ROYALTY PAYMENT SCHEDULE and STATEMENTS
Royalty statements will be produced and forwarded to AUTHOR quarterly, not more than forty-five (45) days after the end of the calendar quarter (March 31, June 30, September 30, December 31). Royalties earned for the quarter shall be paid contemporaneously with issuance of the royalty statement. Payments will be made by physical check/money order or paypal in United States dollars.
The PUBLISHER shall pay to the AUTHOR royalties under the following structure from payments received from sales of printed copies of the WORK, less any outstanding amounts owed by the AUTHOR to the PUBLISHER for any reason, i.e. shipping and handling charges, sales and use taxes, and/or returns: A) 100% of the payments the PUBLISHER actually receives from sales of printed copies of the WORK (net receipts), less any refunds and returns and cost of printing, shipping/handling. B) 75% of the payments the PUBLISHER actually receives from sales made directly from the publisher’s website, minus cost of printing, shipping and handling.
The PUBLISHER agrees to publish and commence distribution of said WORK within three (3) but no later than four (4) months of final acceptance of the AUTHOR’s final manuscript. However, this mandated publication date may be extended to any other date, and any number of such extensions may be made, upon mutual agreement between the PUBLISHER and the AUTHOR.
XI. PUBLICATION FORMAT
PUBLISHER shall provide an industry acceptable price, production, appearance and format of the WORK.
PUBLISHER will obtain and assign ISBN (International Standard Book Numbers) for the WORK. PUBLISHER will assign as many ISBN designations as required by the various publication formats listed in Section II. PUBLISHER will use the assigned ISBN(s) as part of the formal identification, and will notify Books-in-Print and/or other equivalent service(s) of the ISBN(s) of the WORK.
XIII. SELLING PRICE
In cooperation with the author, PUBLISHER will set the retail price (“cover price”) of the WORK, based on length, comparable works and format. PUBLISHER reserves the right to raise or reduce the price as needed to stimulate sales with the author’s agreement.
XIV. AUTHOR PROOF
Prior to publication, the PUBLISHER shall provide the AUTHOR with a pdf proof of the WORK (bookcover and interior), which the AUTHOR shall have fourteen (14) days to proof and provide required feedback to the PUBLISHER.
If the PUBLISHER is directed by the AUTHOR to make alterations to any WORK after the formatting of the WORK is complete or after the WORK has been submitted to the printer, AUTHOR understands and agrees that additional charges will be incurred for such corrections/changes requested.
AUTHOR will be responsible for registering the copyright with the U.S. Copyright Office, including payment of any fees and the costs of preparing printed and/or electronic documentation of the WORK as required by the U.S. Copyright office. AUTHOR understands that if he/she chooses not to register the copyright with the U.S. Copyright office, AUTHOR may be limited in the damages that could be awarded in court if there is a copyright violation. PUBLISHER will place a copyright notice on all versions of the WORK, using the year of first release if no other information is available.
XVII. PUBLISHER’s NAME AND TRADEMARK
The AUTHOR will not have rights to, or in, any trademark, service mark, trade name or logos used by PUBLISHER, unless expressly permitted to do so in writing. The AUTHOR may, with PUBLISHER’s permission, have limited use of PUBLISHER’s marks, symbols or name for use in approved promotional material.
XVIII. AUTHOR’S COPIES
The PUBLISHER agrees to present to the AUTHOR free copies of said WORK upon publication, and to permit the AUTHOR to purchase from it further copies for his/her own personal use, at the cost of the printing charge incurred of producing the author’s book by the printer. AUTHOR understands he/she will not receive royalties on any copies that he/she has purchased unless the copies have been purchased at the full retail price. AUTHOR may resell copies of the WORK he/she has purchased from PUBLISHER. AUTHOR will be responsible for reporting royalties from resale to taxation authorities and PUBLISHER will be held harmless for any under reported royalties caused by AUTHOR’s failure to report royalties earned through resale of copies bought at AUTHOR’s discount.
XIX. TITLE MAINTENANCE
After the PUBLISHER has made the AUTHOR’s WORK available for the first twelve (12) month period, an annual title maintenance fee is charged to the author by the printer. This fee is for each version of the WORK for each additional twelve (12) month period that the WORK remains available through the PUBLISHER and with the printer. It is due the first day of January of each calendar year. At no time will the fee exceed twenty U.S. Dollars ($20) per version, per year. The AUTHOR may opt for the PUBLISHER to deduct the title maintenance fee charged by the printer from any future royalty payments due.
XX. AUTHOR WARRANTEES
AUTHOR warrants that he/she is the AUTHOR and sole owner of the WORK or has been assigned the rights delineated above; that it is original and contains no matter unlawful in its content, nor does it violate the rights of any third party; that the WORK is not in the public domain. AUTHOR also warrants that these rights are owned or controlled by him/her without encumbrance and that AUTHOR has full power to grant the listed title to be published by the PUBLISHER. Author warrants that the manuscript submitted does not contain anything that is libelous; that it does not contain false or malicious information that could harm, defame, or injure the reputation of another individual.
AUTHOR shall indemnify, defend and hold harmless PUBLISHER and its owners and affiliates, editors, artists, shareholders, officers, directors, partners, associates, agents and representatives. PUBLISHER shall indemnity, defend and hold harmless the AUTHOR from any and all claims, debts, demands, suits, actions, liens, proceedings and/or prosecutions (“Claims”) based on allegations which, if true, could constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages and expenses including, but not limited to, attorney’s fees and court costs. Each party to this Agreement shall give prompt notice to the other party of any Claims. No compromise or settlement of any Claim shall be made or entered into without the prior written approval of the AUTHOR and PUBLISHER. If a Claim is filed, PUBLISHER shall have the right to suspend payments otherwise due to AUTHOR under the terms of this Agreement as security for AUTHOR’s obligations under this section.
XXII. COPYRIGHT INFRINGEMENT
PUBLISHER shall have the exclusive rights to commence action for copyright infringement based on the rights granted hereunder, and AUTHOR shall not commence any such copyright infringement action without PUBLISHER’s prior written consent. PUBLISHER is not obligated to initiate legal proceedings should a Claim arise regarding a third party infringing the AUTHOR’s or PUBLISHER’s rights. If such a Claim arises, AUTHOR and PUBLISHER may sue either jointly or severally. PUBLISHER shall not be held liable for failing to take action upon a Claim.
XXIII. LAWS AND VENUES
The PUBLISHER is a Limited Liability Corporation, organized under the laws of the State of North Carolina. The laws of the State of North Carolina shall govern this Agreement. Recognizing the expense, distraction, and uncertainty resulting from litigation of disputes which may arise under this Agreement, the parties have agreed that except as specifically provided herein they shall submit any and all disputes arising in any way under this Agreement to the American Arbitration Association for final disposition in accordance with its rules, provided that the Arbitrator shall have no authority to award punitive damages.
Both parties, publisher and author, agree that if any dispute should arise that neither party will partake in any malicious defamation of the others character – through means of slander over the internet, on message boards, in writers groups, or any other means on or offline. Any such action may be subject to legal action and monetary damages. All disputes should be handled professionally through the venue stated above.