CONTRACT-all things that matter press contract

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  This  contract, dated ______________, 20___, is made between All Things That  Matter Press (hereinafter known as “Publisher”) and ________________  (hereinafter known as “Author/s” and/or “Grantor of Rights)) for the  piece currently entitled ____________________ (hereinafter referred to  as “the Work”). 

 This  contract is considered legal and binding. If there is a legal dispute  the laws in the State of Maine will apply and any actions must be  brought in the State of Maine. 

  I.     The Author (hereinafter denoting single and/or plural author/s as  applicable) Hereby Represents and Warrants to the Publisher that: 

 A.     Author warrants that Author is the author and sole owner of the Work  or has been assigned the rights delineated in Section II of this  Contract; 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 without encumbrance and that  Author has full power to grant the listed rights to Publisher. 

  B.    The Work is free and clear of any counts of libel, plagiarism, breach of privacy, or misrepresentation of facts. 

  C.     The Work does not infringe upon any copyright or proprietary right,  common law, or statutory law. In works of fiction, all facts are  fictitious. 

 D.     If the Work has been previously published in whole or part, the  Author warrants that the rights granted herein have reverted to author,  or were never granted to another publisher.  As an addendum to this  agreement, Author shall present some written memorandum documenting the  reversion of the rights granted by any publishing company that may still  own proprietary rights to the Work, or proof of non-grant of rights.   Author warrants that Author currently holds all copyrights to the Work  and is legally permitted to enter into this agreement. 

  E.     If a judgment is obtained against Publisher for usurping rights  still controlled by a publisher or other entity than Publisher or  Author, the Author agrees to hold Publisher harmless and to indemnify  Publisher for reasonable damages and costs.  The Author releases  Publisher from any responsibilities relating to any legal actions  incurred by the contents of the Work or the Author. 

  II.   Grantor of Rights: 

  Author  agrees to grant the Publisher sole and exclusive rights to produce,  publish, and sell English and non-English language print editions of the  Work. Author agrees to grant the Publisher sole and exclusive rights to  produce publish and sell English and non-English language versions of  the Work in any and all electronic/digital formats including, but  expressly not limited to: ebook, CD-ROM, DVD, any digital reproduction,  and audio recordings. In anticipation of future advances in technology,  Author agrees to grant the Publisher sole and exclusive right to use and  adapt, and to authorize others to use and adapt, the work by any means,  whether now known or hereafter invented. 

  III. Terms of Contract: 

  A.   Print rights will be exclusive for five years commencing on the date the Work becomes available for sale.  Electronic/digital rights will be exclusive for five years commencing on the date the Work becomes available for sale, with the exception of works produced through third-party contracts whose terms and conditions shall apply and extend to all formats.  After the contract expires it shall automatically renew unless one party notifies the other of its desire to terminate. Upon renewal of the contract, author may terminate by providing 90-day notification to Publisher, with the exception of formats required to remain extant by third-party contracts, such as audiobook, which shall extend until their contractual expiration date.

(NOTE: As of this date, ACX, the current producer of audiobooks, requires a seven-year contract from date of availability for sale; print/ebook contract shall automatically extend to coincide with audiobook term.)

If the author should die before publication of the work, the contract shall remain in effect and be assumed by Author’s estate, heirs, assigns, or beneficiaries, as applicable, at the Publisher’s discretion, until its expiration date; contract may be renewed by Author’s estate, heirs, assigns, or beneficiaries, as applicable, at Publisher’s discretion.

 B.   Publisher may, at its discretion, remove the Work from publication or  distribution for reasons of poor sales, excessive returns, or other  reason deemed by Publisher to be injurious to Publisher’s or Author’s  best interest.  Publisher shall give notice to Author of removal from  distribution and the reasons for the withdrawal.  If Publisher removes  the Work from sale, this contract shall terminate, and all rights  granted shall revert to the Author. 

  C.   Upon termination of this contract, Publisher will remove listing of  the Work from its website and any other distribution source that  Publisher has listed the Work with and will advise said distributors  that that particular ISBN is no longer in print.  

  D.  Publisher has the right of final approval of Author’s manuscript.  It  is Author’s responsibility to provide Publisher with a properly  formatted manuscript in keeping with Publisher’s requirements. 

  E.  Publisher is not responsible for lost manuscripts. Author should always keep a backup. 

  F.  Publisher will prepare the manuscript for release. 

  G.   Publisher will provide cover art with Author input. If the Author has  his/her own cover art, it must be owned free and clear, and be free of  any potential copyright infringement. Licensed cover art will not be  considered. 

  H.  Publisher must give final approval before artwork is finalized. Publisher has final authority regarding cover design. 

  IV.    Copyright 

  A.     Should Author choose to register the copyright of the Work 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 shall provide a photocopy  e-mail/facsimile copy of the Copyright certificate to Publisher within  45 days of receipt.  Publisher shall be listed as the publisher of the  work. 

 B.     Author understands that if Author 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.  

  C.     Publisher will place a copyright notice on all versions of the Work,  using the year of first release if no other information is available. 

  V.   ISBN and LCCN 

     Publisher will obtain and assign ISBN (International Standard Book  Numbers) and Library of Congress Number for the Work.  Publisher will  assign as many ISBN designations as required by the various publication  formats listed herein.  

  VI. Selling Price, Royalties, and Statements 

 A.  The price of the Work will depend on its length and content.  A price  will be set by the Publisher dependent on market conditions or, in the  case of audiobooks, by the third-party with whom Publisher contracts to  produce same.  Publisher reserves the right to raise or reduce the price  as needed to stimulate sales. 

  B.  Publisher will not pay an advance to Author.  Publisher agrees to pay  the Author 40% of the net profits received. This amount will be the  cover price minus printing costs and distribution discounts. Publisher  agrees to pay the Author 40% of the net proceeds received for all  electronic copies sold off of the Publisher’s site, based upon generally  accepted accounting principles. 

  C.  Publisher has the right to contract with distributors, bookstores,  vendors, organizations, and or outlets of print and/or  electronic/digital books to sell the Work in association with the  Publisher’s name. For all sales through these outlets the Authors will  receive 40% of the net proceeds. 

 D.  All royalties will be paid quarterly in US dollars. The payment will be  no more than 45 days after the end of each calendar quarter for sales  during that quarter. 

  E.  Payment will be made by check unless other arrangements have been made  between Publisher and Author(s). Authors who do not maintain a US postal  address will be paid via PayPal only. 

 F.  No royalty shall be paid on copies, print or digital, distributed for  review, advertising, publicity, promotional purpose, samples, or other  similar purposes, or on copies sold below or at cost, or on copies  purchased by author at author’s discounted rate. 

 G.  Author understands that royalties will be paid in the quarter copies of  the Work are paid for by consumers, distributors, or vendors.  If  distributors or vendors delay payment to Publisher, Publisher is not  obligated to pay the royalty until it has been paid by the distributor  or vendor. 

 H.  Author is responsible for paying taxes on all royalty payments received  from Publisher and is advised to keep accurate records for tax  purposes. 

  I.   If the author should die before all royalties have been paid,  Publisher will pay royalties to Author’s estate, heirs, assigns, or  beneficiaries.  The contract shall remain in effect, at the Publisher’s  discretion, until its expiration date; contract may be renewed by  Author’s estate, heirs, assigns or beneficiaries at Publisher’s  discretion. 

  J.   It is the Author’s responsibility to communicate with the Publisher  any change in Taxpayer Identification Number or Social Security Number,  Postal Mailing Address, telephone number(s), PayPal account information,  or Electronic Mail address.  If the Author fails to advise Publisher of  any changes in the above that prevent the timely payment of royalties,  the Publisher is authorized to hold, without penalty, payment of  royalties until current information is received.  

  Author’s current contact information is: 

ADDRESS_______________________________________

______________________________________________

TELEPHONE:____________________________________

E-MAIL: ______________________________________

  VII. Marketing and Promotion: 

 A.  Author will provide the Publisher with biographical information, a  photo (optional), and a link for the Author’s website (if available).  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. 

 B.  Author agrees to promote the Work to the best of his/her ability,  including but not limited to no-cost Author’s website, blog, social  media avenues, and no-cost events the Publisher hosts (i.e., podcasts,  author interviews, or book clubs), et cetera. 

 C.  There must be a link to the Publishers website on Author’s website.   Any “significant” promotional work that originates with the Author must  be reviewed by the Publisher. 

 D. Author may use up to two chapters as a teaser to entice readers to buy the Work. 

 E.   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.  Author may use the cover art in his promotional  material.  Publisher’s provided cover art may not be used by other  publishers producing the Work after termination of this contract without  permission of Publisher.  Any remuneration for the use of this cover  art will be separately negotiated between publishers. If the author owns  the rights to the cover art, the publisher is granted rights to use for  industry standard usage in marketing and promoting the work. 

 F.   Publisher will make every effort to maintain an attractive, updated  website.  Publisher will not be liable for site downtime or interrupted  transmission. 

 G.   Upon Publisher’s request, Author will provide autographed copies of  Work for Publisher’s use in marketing, promotional activities, reviews,  or for sale. The publisher will provide the books to be autographed and  pay shipping to and from the Author for this purpose.

 H.  Publisher and Author may each acquire reviews for the Work. Reviews  acquired by either party may be used by both parties, if desired, for  marketing, promotional, or other typical industry standards purposes in  association with the Work. 

  I.  Author warrants that any promotional work produced by Author or by a  third party on Author’s behalf contains no matter unlawful in its  content, nor does it violate the rights of any third party.  Author  agrees to hold Publisher harmless and to releases Publisher from any  responsibilities relating to any legal actions incurred by the contents  of the Work or the Author. 

 VIII. Author’s Copies 

       A. On publication the Publisher shall give each Author ONE (1)  copy of the published work in print format, which may not be resold. Any  further print copies desired by Author may be purchased from Publisher  at fifty percent (50%) of the retail price plus shipping. Publisher will  advise Author of shipping cost direct from printer. Author may use  books purchased from publisher at Author’s discount rate, for marketing,  promotional activity, reviews, or for sale.  Author shall not receive  complimentary or discounted copies of the Work in any format other than  print. 

  VIII. Assignment 

  A.    All Things That Matter Press 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: In account of bankruptcy or discontinuation of the company all rights will revert back to the Author. 

  C.  Audit: The Author may, with reasonable notice, assign and designate a  representative to examine the Publisher’s records, at a location  designated by Publisher, as they relate to the Work.  Such examination  will 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 pay all usual, customary and reasonable charges for such Audit. The  Publisher will pay any sums due to the Author within 30 days. 

 IX.   Modification or Waiver: This Agreement may not be modified in any way  except by written instrument agreed upon (which can include fax, e-mail  or written correspondence) by All Things That Matter Press and the  Author. No modifications of any portion of this Agreement shall  automatically alter any other portion of this Agreement. 

 X. Entire Agreement

 A.   This agreement is the full and complete contract between the parties,  and may not be modified except in writing, agreed to and signed by all  parties and attached herein to this agreement. 

Author Legal Name: ___________________________________________________________

Pseudonym (if any): _____________________________________________________________

Street Address:_________________________________________________________________

City, State, Zip:_________________________________________________________________

Phone Number:_________________________________________________________________

Email Address:_________________________________________________________________

Website URL:__________________________________________________________________

SSN (for tax forms if issued):_____________________________________________________________

Author’s Signature:(electronic/typed signature legal and

binding)__________________________________________________________

Date:_________________________________________________________________

ALL THINGS THAT MATTER PRESS Representative

Printed Name:  Debra Harris

Position: CEO, CFO, Editor-in-Chief

Signature:  ____________________________________

Date:  ___________________________________________

Email Address:  allthingsthatmatterpress@gmail.com