STRATEGIC BOOK MARKETING
JOINT VENTURE BOOK MARKETING & PUBLISHING AGREEMENT
50% Royalty To Author; $1000 Advance and No Fees on Subsequent Works
Book commitment contract with addendum
This Publishing Agreement is between __________________________________ (AUTHOR) hereinafter referred to as AUTHOR and Strategic Book Marketing dba Strategic Book Group, LLC., (“PUBLISHER”).
This agreement covers the parties' respective obligations regarding the publishing of AUTHOR'S book, entitled
______________________________________________________
TITLE (the “BOOK”).
1. OWNERSHIP OF BOOK
The AUTHOR at all times retains 100% of all right, title and interest in and to the BOOK and its content, including all copyrights, trademarks, or other intellectual property associated with the BOOK.
Subsequent Works: If sales of the first book published by PUBLISHER for AUTHOR reach 1000 units then the PUBLISHER's contract for Subsequent Works will be issued with no marketing fees to author and a $1000 advance to be paid to author.
2. LIMITED LICENSE TO PUBLISH
a. For Print and EBOOK formats
AUTHOR hereby grants to the PUBLISHER the nonexclusive, worldwide license to print, publish, distribute and sell the BOOK in print form in the English or any language on behalf of the AUTHOR. The AUTHOR also grants to the PUBLISHER the right to make excerpts from the BOOK viewable on the PUBLISHER'S Web site, or partner Web sites that have entered into agreements with PUBLISHER, in order to facilitate sales of and publicize the BOOK.
If AUTHOR chooses to have an eBOOK version of AUTHOR'S BOOK created by PUBLISHER, AUTHOR hereby grants to the PUBLISHER the nonexclusive, worldwide license to print, publish, distribute and sell the BOOK in eBOOK form in the English language on behalf of the AUTHOR. The AUTHOR also grants to the PUBLISHER the right to make excerpts from the BOOK viewable on the PUBLISHER'S Web site, or partner Web sites that have entered into agreements with PUBLISHER, in order to facilitate sales of and publicize the BOOK.
b. Storage and Handling of the BOOK
AUTHOR grants PUBLISHER the right to store, use, transmit and distribute electronic copies of the BOOK as required to facilitate the printing and distribution process. This grant includes the PUBLISHER's vendors and affiliates.
c. AUTHOR maintains all other rights
All rights associated with the BOOK (except PUBLISHER's limited right to publish the BOOK on the AUTHOR's behalf), including movie, television, radio, foreign, and all other derivative rights belong to the AUTHOR only.
3. TERM OF THE AGREEMENT & TERMINATION
The Agreement shall continue for the term of the copyright or 7 years unless either party terminates pursuant to the terms set forth herein.
a. Termination by AUTHOR
AUTHOR may terminate this Agreement at any time and for any reason without refund of any monies paid if PUBLISHER has begun work.
b. Termination by PUBLISHER
PUBLISHER may terminate this Agreement and publication of the BOOK without cause, upon written notice to AUTHOR if, in PUBLISHER's judgment, the BOOK may subject PUBLISHER to the risk of litigation. In no event will the PUBLISHER be obligated to publish a work, which in its opinion violates the common law or statutory copyright, or the right of privacy of any person, or contains libelous or obscene material. Further, if PUBLISHER reasonably deems the content of the BOOK to promote hate, violence, illegal activities, PUBLISHER can terminate the Agreement. If termination by PUBLISHER occurs before publishing the book the Publisher will refund Author's monies.
4. SERVICES PROVIDED BY PUBLISHER
a. Cover Design
The PUBLISHER shall assign a BOOK cover designer to create up to two (2) original BOOK cover concepts. The Author should provide direction and input. Once the BOOK cover concepts are completed, they will be provided to the AUTHOR for the AUTHOR's acceptance of one of them. The AUTHOR acknowledges that the publishing process cannot proceed until such time as the AUTHOR approves one concept and the final BOOK cover.
The cover designer will also layout the rest of the cover, including the spine and the back cover (the content and any photos of AUTHOR or those the AUTHOR wishes to be used on the back cover will be provided by the AUTHOR).
If the AUTHOR has any photos or other artwork to be used on the cover, the AUTHOR warrants that the AUTHOR has the unequivocal right, title, and interest in said photos or artwork to place said photos / artwork on the BOOK cover.
If the AUTHOR does not like either cover concept, the AUTHOR, at the AUTHOR's expense may hire an outside cover designer. AUTHOR acknowledges that the PUBLISHER uses its best efforts to produce a cover acceptable to the AUTHOR, but the PUBLISHER can make no guarantees that the AUTHOR will like the cover.
B. Book Layout
The PUBLISHER shall provide for the design and layout of the text of the BOOK and will provide AUTHOR with an electronic file for review and comments. The AUTHOR is responsible for providing all the elements of the book, including but not limited to the text, illustrations, and any other materials necessary to produce the book. The AUTHOR shall review the layout prior to the BOOK being sent to the printer to have the proof copy and/or any other copies of the BOOK printed. Publisher highly recommends that the AUTHOR's manuscript be professionally edited BEFORE being submitted for pre-press production. Revisions to the book layout should pertain mostly to formatting and layout changes. Revisions do not include more than 20 editorial changes (i.e. punctuation, spelling, grammar) and additional spaces in between characters or words that were in the original manuscript document. Any additional rounds of revisions will be at the prevailing change rate, currently $50/hour. Author is completely responsible for all the content within the book unless noted herein.
AUTHOR acknowledges that layouts for books (e.g. coffee table, novels, cookbooks etc.), with the exception of the genre children's books, will require an additional placement and printing fee of $6.00 per each image not created by the publisher exceeding six (6). Such fee shall be paid by Author. Any such fees will be presented to the author in writing.
Please note that unless specified, all non-children's books will be in black and white. If the author desires color pictures inside the book, it will affect the ultimate sales price of the book and the book may require special handling. Please alert the Contract Manager if the work contains color images. This does not apply to children's picture books in which color is standard.
c. Copyright Registration
The publisher shall provide the copyright information in the name of the AUTHOR or the author's designee based on the information provided by the AUTHOR. The Publisher shall provide the AUTHOR with one copy of the work at no charge for copyright registration along with the proper forms for copyright registration. The AUTHOR shall provide the copyright registration services (currently around $40). All copies of the BOOK that are distributed to the public will bear a copyright notice in the name of the AUTHOR as prescribed by the applicable copyright laws of the United States of America.
d. ISBN and Bar Code
PUBLISHER shall provide an ISBN and Bar Code and shall affix both on the appropriate places on the BOOK. However, for an ebook, if the Bar Code is not needed, the Bar Code will not be provided. The ISBN only identifies the name and contact information of the PUBLISHER. Should AUTHOR terminate this Agreement, AUTHOR must remove PUBLISHER'S ISBN from any future copies of the BOOK AUTHOR publishes. The Publisher retains ownership of the publisher's printing files.
e. Proof Copy and Printing of BOOK
The PUBLISHER shall provide a printed proof copy of the BOOK for AUTHOR's review. Once AUTHOR acknowledges receipt of and approves the proof, the BOOK is finalized and any other changes requested by AUTHOR shall require AUTHOR to pay additional fees depending on the number and scope of changes requested. AUTHOR acknowledges that other than the proof copy of the BOOK, and the copy provided by the publisher for the copyright registration, no other printed copies of the BOOK are promised by the Publisher to be included pursuant to this Agreement.
f. MARKETING
The PUBLISHER shall provide the following services for a one time only MARKETING fee of $___675__ to be paid upon contract signing by the AUTHOR. (Payment Plans Are Available).
Marketing will include but not be limited to:
A professional press release will be written and released to national media in the US or internationally or both.
The Publisher will create a unique website for the Author where the book can be purchased online.
The Publisher will make the book available to all bookstores and online and traditional channels through their distributors, Ingram Books and Baker & Taylor which are, at the time of this contract, supplied by Lightning Source. This includes Amazon.com and Barnes & Noble.com. The publisher makes no guarantee or assurances that bookstores will order the books.
The publisher will conduct other marketing programs as mutually agreed upon with author. Please visit www.StrategicBookMarketing.com for examples of the various book marketing programs that we offer.
5. LISTING OF BOOK FOR SALE AND FOR PUBLICITY
Listing BOOK for Sale Through Online Retailers
PUBLISHER shall ensure that AUTHOR's BOOK is presented to Amazon.com, Barnesandnoble.com, Borders.com, and other online retailers. PUBLISHER makes no guarantee as to how long it will take the BOOK to appear on any third party retail or other website, but will make its best effort to provide these sites with title information in a timely manner. PUBLISHER makes no warranties or guarantees that sales of the book will be made through these sites or any other methodology employed by PUBLISHER.
b. Listing The BOOK on Amazon Search Inside and Google Books
As part of listing the BOOK for sale on Amazon, etc., AUTHOR authorizes PUBLISHER to list his/her BOOK on “Search Inside” services from Google, Amazon, or other publishers. If AUTHOR chooses not to be listed in either of the above, the AUTHOR must send PUBLISHER an email stating so. PUBLISHER makes no guarantee as to how long it will take the BOOK to appear on any third party website or that it will appear there.
c. Listing of BOOK in Bowker's Books in Print - PUBLISHER will also facilitate the listing of AUTHOR's BOOK in Books in Print after book is in print form.
6. MANUSCRIPT SUBMISSION
The AUTHOR will submit all Required Materials relating to the BOOK. Required Materials are:
A signed copy of this Agreement (either via electronic signature, fax or mail)
The manuscript in Microsoft Word, Rich Text Format or Microsoft Works or any editable format, including Mac..
All image files. Publisher does not scan images unless agreed upon.
Any and all other materials supplied by, or agreed to be supplied by, the AUTHOR for inclusion in the BOOK.
7. BOOK EDITING SERVICES
If the AUTHOR has paid for book editing services, the parties acknowledge that the PUBLISHER has no control of the content within the book. Author is solely responsible for any errors other than formatting or design which, upon approval by AUTHOR, become AUTHOR'S responsibility.
8. DATE OF PUBLICATION
The date of publication shall be within 60 days of the Final Approval Date. The Final Approval Date is the day on which the AUTHOR approves the paperback proof copy. In no event will the PUBLISHER be responsible for delays in publication caused by circumstances beyond its control. If the Publisher does not cause the book to be released within 12 months of the contract signing date, the publisher will refund all monies to author.
9. NO GUARANTEE OF MINIMUM SALES
The PUBLISHER makes no promises that any of its products or services will result in the sales of a minimum number of copies of the BOOK. The AUTHOR acknowledges that the PUBLISHER has no control over the purchasing decisions of book buyers and is not liable to any party if sales of the BOOK do not meet the AUTHOR's expectations.
Author Must Initial Here ___________
10. PAYMENTS FOR BOOKS SOLD ON ONLINE RETAILERS, THROUGH AUTHOR'S WEBSITE & ROYALTIES
a. Payments for BOOKs Sold on Amazon.com and other online retailers procured through publisher are paid quarterly to the AUTHOR, from the day PUBLISHER receives payments from Amazon.com or any other third party retailer. PUBLISHER shall pay all amounts to AUTHOR via check, Paypal, or other mutually agreeable mechanism.
b. Payments for BOOKs Sold Through PUBLISHER - PUBLISHER shall pay all amounts quarterly, or upon demand by the author, to AUTHOR via check or other mutually acceptable means.
The Publisher further agrees to allow the Author or his/her agent, at the Author's expense to review all books and records kept by Publisher relating to the sales of the Work for the prior two years, during normal business hours during the term of this agreement provided two (2) weeks prior written notice is received. The Publisher will keep such books and records in accordance with accepted standard accounting practices. There shall not be more than one (1) audit in any calendar year not more than one (1) audit with respect to any calendar year. All expenses of the audit shall be the responsibility of the author.
Royalties are calculated on a calendar quarterly basis, ending on the last day of March, June, September and December. Quarterly statements of sales and returns will be forwarded to the Author with payment no later than 30 days after the end of each quarterly calendar period. Any and all royalties payable hereunder shall be subject to adjustment due to returns and shall be subject to a reasonable reserve for returns. Publisher reserves the right not to issue a royalty payment for less than a minimum threshold (currently $25) and will accrue such monies until such time as the minimum threshold is reached.
c. Royalties
The AUTHOR shall receive 50% of all royalties on BOOK sales. Royalties are calculated as a percentage of Sales Price less Cost of Printing. Shipping is paid by the buyer of the book. AUTHOR will approve the suggested retail cost of the book and the printing cost.
The author shall have the right to purchase their books at the following Author's Purchase Price (APP). The APP is calculated as follows. This is an example only, the actual numbers will vary.
Assume a Suggested Retail Price = $16
Assume Print Cost = $4
Therefore, Net Sales Revenue = $12;
Author Royalty to is $6 (50% of net sales receipts)
Author Purchase Price is the print cost plus the publisher's percentage ( $6 + $4 = $10). Royalties are not payable on Author Purchases.
11. AUTHOR'S Warranties and Indemnities
The AUTHOR represents and warrants to the PUBLISHER:
That AUTHOR is the sole owner of the BOOK and of all the rights granted to the PUBLISHER.
That AUTHOR has not assigned, pledged, or otherwise encumbered the rights to the BOOK.
That AUTHOR has full power to enter into this Agreement.
That the BOOK and all rights therein are free of liens, claims, or interests of any kind.
That the BOOK is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured.
That the BOOK does not violate or infringe upon any personal or proprietary rights including without limitation privacy rights, contract rights, or publicity rights of any other persons or entities.
That the BOOK is not libelous or obscene.
That the BOOK does not infringe upon any statutory or common law copyright.
That any information contained in the BOOK is accurate, and any recipe, formula, or instruction contained in the BOOK is not injurious to the reader or to any other party If any claim, action, or proceeding based upon an alleged violation of any of these warranties is made (i) the PUBLISHER will have the right to defend the same through counsel of its own choosing,
(ii) no settlement will be effected without the prior written consent of the AUTHOR, which consent will not unreasonably be withheld, and (iii) the AUTHOR will hold harmless the PUBLISHER, any seller of the BOOK, and any licensee of a subsidiary right to the BOOK, against any damages finally sustained. If such claim, action, or proceeding is successfully defended or settled, the AUTHOR will indemnify the PUBLISHER against the entire expense (including reasonable counsel fees) attributable to such defense or settlement. If any such claim, action, or proceeding is instituted, the PUBLISHER will promptly notify the AUTHOR, who will fully cooperate in the defense thereof, and the PUBLISHER may withhold payments of reasonable amounts due the AUTHOR under this or any other agreement between the parties. These warranties and indemnities will survive the termination of this Agreement.
Publishers Liability Insurance Rider: Publisher offers the Author the ability to be included on the Publisher's insurance policy as a named insured. Please inquire to the Contract Manager if that is of interest. There is a one time administrative fee of $495 for this service for the paperwork and time to set the process in place. (We are not selling insurance. This is a paperwork handling fee).
12. PERMISSION FOR COPYRIGHTED MATERIAL
If the AUTHOR incorporates in the BOOK any copyrighted material, AUTHOR will procure, at AUTHOR's expense, written permission to reprint it. The AUTHOR agrees to retain all such written permissions. The AUTHOR agrees to deliver all such written permissions to the PUBLISHER at the PUBLISHER's request. PUBLISHER will provide a copyright request form at author's request to help facilitate this process.
13. SUITS FOR INFRINGEMENT OF COPYRIGHT
If the copyright of the BOOK is infringed, the AUTHOR is responsible for commencing any legal action the AUTHOR deems necessary. However, the AUTHOR and PUBLISHER may jointly pursue a copyright infringement action, but the parties must agree in writing prior to any joint commencement of any legal action.
14. ADDITIONAL SERVICES BY PUBLISHER
Any additional services provided by the PUBLISHER have their own specific terms and conditions and must be agreed to separately by the AUTHOR in writing, which may include mail, fax, email or electronic signature.
15. MISCELLANEOUS PROVISIONS
a. Notices
All notices required or permitted under this Agreement shall be addressed to the addresses listed below and/or may be sent via email.
b. Entire Agreement
This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. The parties agree that both contributed to the drafting of this agreement and both have had the opportunity have this agreement reviewed by legal counsel.
c. Severability
If any provision(s) of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision(s) of this Agreement is invalid or unenforceable, but that by limiting such provision would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
d. Modification
This Agreement may not be modified or amended except by written instrument signed by the undersigned parties hereto.
e. Waiver
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
f. Applicable Law and Prevailing Parties
The validity, interpretation, construction, performance, enforcement and remedies of or relating to this Agreement, and the rights and obligations of the parties hereunder, shall be governed by the laws of the State of North Dakota (without regard to the conflict of laws rules or statutes of any jurisdiction), and every legal proceeding arising out of or in connection with this Agreement shall be brought in Bismarck, ND. Each of the undersigned parties hereby consenting to the exclusive jurisdiction of said courts for this purpose. The prevailing party in any suit brought by either party hereto to enforce the terms hereof shall be entitled to recover from the non prevailing party all of said party's reasonable costs, distributions and attorney's fees, including all costs and attorneys fees incurred in attempting to collect any judgment hereunder. (Note: We chose Bismarck because it is the furthest, coldest place we can think of. And it is neutral territory so to speak so Bismarck will keep us from arguing about what the venue is).
g. Assignment
Any person or entity to whom any right, title, or interest in this Agreement be assigned shall be subject to and bound by all of the terms and conditions herein as if they were the original party hereto.
h. Currency
All dollar amounts set forth in this Agreement and in those incorporated as part of this Agreement (book editing and copyright registration services) as in U.S. dollars.
i. Counterparts, Fax Signature and Electronic signature
This Agreement may be executed in one (1) or more counterparts, each of which shall be deemed to be an original but all of which together will constitute one (1) and the same instrument. Further, one or both parties may execute this Agreement via electronic signature or fax and such signature will be deemed to be original.
By: ______________________________ By: ______________________________ Date: ______
Vice President Signature of Author
Email address: ______________________
Author's Birthday or Middle Name to accept the Electronic Signature Provision.
____________________________________________________________
BOOK MARKETING INVOICE:
==============================
Total charge: $675
Check:
Please remit payment to:
Strategic Book Group - Marketing
PO Box 333
Durham, CT 06422
Paypal: Please use the email address of
Credit Card:
You may use our secure site: http://www.strategicbookmarketing.com/payments.html *Please note that you must change the quantity to the dollar amount you are paying. All items will come out to $675
Or, you can fill in the information below and fax it our secure fax: or email it to
I hereby authorize Strategic Book Group - Marketing or their credit card processor, to charge my credit card a one time fee of $_____USD only.
Signature(typing your name here is acceptable as a signature):_______________________________
Card Number: _________________________
Exp. Date: __________
Name on Card:__________________________________
Exact billing address of cardholder:_______________________________________
______________________________________________
Wire Information or Western Union: Please inquire for more information.
ROYALTY PAYMENT INFORMATION FORM
For all non-US residents: We prefer to use Paypal for your payments. If you do not have a Paypal account, please go here to set one up: https://www.paypal.com/cgi-bin/webscr?cmd=_registration-run and then fill in the information below.
Paypal email address for receiving royalty payments: _______________
Phone number: ___________________
Mailing address:
For all US residents: Please fill in the information below:
Social Security No.: ____ __ - ____ - _______
Or Corporate Name/EIN: _________________________________________
Name: _______________________________________________________
Checks Payable to: ____________________________________________________
Address: _____________________________________________________________
City/State: ____________________________________________________________
Zip: ______
Phone: ( ) __ - ___
Fax: ( ) ___-____
Income Tax Withholding Notice: This form represents W-9 information collected from individuals/companies receiving payment. The publisher is required by law to obtain this information. If you or your company refuses to provide this information your payments may be subject to 28% Federal Income Tax withholding, as well as a penalty imposed by the Internal Revenue Service under section 6723 of the Federal Tax Code.
I certify under penalty of perjury that the above information is true and correct.
Print name:____________________________________________________________
Signature: ____________________________________________________________
Date: _________________________
We will only issue royalty checks to one author. If there are multiple authors, please choose the one that will receive the royalty checks. That person should fill out this form.
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I once knew a drinker who had a moderating problem...
