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. 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
libellous 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 under the
name of Club Lighthouse Publishing.
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.
(Please note, that in the interest of remaining "green" Club
Lighthouse will no longer be offering the Print on Demand option)
III Terms of
Contract:
A. Electronic
rights will be exclusive for three years 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 three years 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, 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 Canadian dollars (CDN) on all sales of the Work sold through the
Publisher's website. If the Work is purchased on disk or CD, the
royalty will also be 35%.
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
35% of the
download price less any handling costs or discounts charged by the
outlet.
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, 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
Canada Royalties equalling less than $20 will be held until such
a time as they accrue to $20 or above. Any withheld royalties
shall be made immediately upon contract termination.
E. No royalty
shall be paid on paper or digital copies distributed for review,
advertising, publicity, promotional purpose, samples, or other
similar purposes, or on copies sold below or at cost.
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. 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.
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
Club Lighthouse Publishing.
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." Club
Lighthouse Publication" 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 "Club Lighthouse Publishing" is legally judged bankrupt or
liquidates its business, this Contract shall be terminated
effectively and all rights granted to "Club Lighthouse
Publishing" 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 favour; 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,
Province, Postal Code:___________________________________
Country:
_________________________________________________
Phone Number:_____________________________________________
Email Address:
_____________________________________________
Website URL:
______________________________________________
Title of Work: _____________________________________________
Author's
Signature: __________________________________________
Date:
_____________________________________________________
Club
Lighthouse Publishing Signature: ________________________
Date:
________________________
This is a sample contract.
Click
here for printable copy
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