|IndyPublish Publishing Agreement
Terms and Conditions
- This is an Agreement between the Parties to publish and sell printed and electronic editions of the Work listed at the end of this Agreement ("WORK") according to the terms and conditions below as well as the specific Publishing Package and any Add-on options selected, which are an integral part of this Agreement.
- The Parties: The Parties to this Agreement are the Author ("AUTHOR") signified in the "Author Information" page and IndyPublish Company ("INDYPUBLISH").
- Publication of Work: INDYPUBLISH will publish, distribute, and sell the AUTHOR's WORK in accordance with submissions and procedures elected by the AUTHOR from those listed in the Publishing Package which is part of this Agreement. The AUTHOR shall have the freedom to choose the appearance and format of his/her WORK from among the options in the Add-on list, the cost of which will be the sum of the Publishing Package and the Add-ons selected by the AUTHOR. The costs are payable in U.S. dollars. AUTHORS submitting material online must pay by major credit card. AUTHORS submitting material by mail or courier service may pay by credit card or check.
- Royalties: For copies of the WORK sold as print or electronic editions where INDYPUBLISH's receipts are equal to or less than $40 per copy, the AUTHOR receives 50% of INDYPUBLISH's receipts. For copies of the WORK sold as print or electronic editions where INDYPUBLISH's receipts are greater than $40 per copy, the AUTHOR receives 50% of INDYPUBLISH's receipts for the first $40 per copy of INDYPUBLISH's receipts; and 100% of INDYPUBLISH's receipts beyond $40 per copy of INDYPUBLISH's receipts. INDYPUBLISH receipts equals the payments that INDYPUBLISH actually receives from sale of a copy of the WORK, less any shipping and handling charges, distribution costs, sales and use taxes, and less $1.00 per copy transaction fee for print editions and $0.50 per copy transaction fee for electronic editions. Royalties will not be paid on discounted sales of the WORK to the AUTHOR. INDYPUBLISH will make royalty payments to the AUTHOR, if earned, on a calendar quarterly basis, when royalties due exceed $15. Should this Agreement for any reason be terminated by either Party, the royalties accrued on sold WORKS as of the effective termination date shall be paid to the AUTHOR by INDYPUBLISH within sixty (60) days of that date.
- Rights: The AUTHOR and INDYPUBLISH agree that the copyright of the WORK belongs to the AUTHOR and remains with the AUTHOR, and that unless specifically agreed otherwise, INDYPUBLISH assumes no responsibility for reviewing or correcting the content of the WORK. The AUTHOR grants to INDYPUBLISH the non-exclusive license to publish and sell or cause the WORK to be sold worldwide in printed and all electronic formats, in whole or in part, in all languages throughout the world, for which agreed royalties based on such sales shall be paid by INDYPUBLISH to the AUTHOR. Except as may be specifically agreed herein, the AUTHOR retains exclusive subsidiary rights to the WORK, including the right to publish all or part of the WORK in newspapers, magazines or other periodicals, as well as film, television, and theatre rights.
- Author Warranties: The AUTHOR represents and warrants (1) that he/she is the sole owner of the WORK and the copyrights to all of its contents, including graphics, or has explicit permission to use them; (2) that he/she has full power, authority and right to enter into this Agreement; (3) that the WORK and all rights therein are free of liens, claims, interests or rights of others of any kind; (4) that the WORK does not represent any real event or person in a way that could be deemed libelous or slanderous; (5) that the WORK as submitted and its publication by INDYPUBLISH does not and will not violate or infringe on any proprietary or personal rights, including copyrights, contract rights, trade secrets, privacy rights, or publicity rights of other physical or legal persons; and (6) that the WORK does not constitute obscene or hate literature.
- Indemnities: The AUTHOR agrees to fully indemnify, defend and hold harmless INDYPUBLISH, its employees, shareholders, directors, representatives, affiliates, successors and assigns from and against all losses, lost profits, damages, judgments, liabilities, claims, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney's fees and court costs) arising from claims of third parties concerning ownership, plagiarism, slander, libel, rights abuse, privacy or any breach of the representations and warranties stipulated in paragraph 6 above resulting from publication of this WORK. Warranties and indemnification's made by the AUTHOR to INDYPUBLISH herein shall survive the termination of this Agreement or any license hereunder. Affiliates as used herein includes subsidiaries, affiliated companies, licensees, advertisers, and distributors.
- Submission Acceptance: INDYPUBLISH reserves the right, in its sole discretion, not to accept a submission upon receipt. If this is the case, INDYPUBLISH will return the AUTHOR submission package and refund the AUTHOR submission payment.
- Terms: The Agreement is not exclusive, meaning that the AUTHOR may enter into other publishing agreements for the same WORK. Either Party has the option to terminate this Agreement at any time, upon thirty (30) days notice, with or without cause. In the case of termination, royalties due to the AUTHOR from sales of the WORK will continue to be paid by INDYPUBLISH and, unless specifically agreed otherwise, any rights previously transferred to INDYPUBLISH shall revert to the AUTHOR; however, fees paid by the AUTHOR for publication of the WORK, if any, shall not be refunded.
For those who choose the free INDYPUBLISH Basic Publishing Package, INDYPUBLISH will electronically store the AUTHOR's WORK in the INDYPUBLISH database free of charge for one year from the date of publication regardless of how many copies of the WORK are sold during that year. If, however, during that or any succeeding year less than twelve copies are sold, INDYPUBLISH will retain the WORK in its database only upon payment by the AUTHOR of $50.00 per year, otherwise, this agreement shall be terminated.
For those who purchase one of the paid INDYPUBLISH Publishing Packages or Add-on services that total more than $50.00 for the particular WORK, the WORK will be retained in the INDYPUBLISH database free of charge indefinitely or until this Agreement is terminated.
- Book Price Determination: The AUTHOR shall have the right to specify the retail list price of the printed paperback WORK so long as that price shall exceed a minimum price determined by INDYPUBLISH. Such paperback price will be used to determine the retail list price of electronic editions and hardback editions, if any.
- Discounts: The AUTHOR shall receive a discount of 25% when purchasing copies of his/her own WORK from INDYPUBLISH (no maximum nor minimum order requirements). The AUTHOR will receive a discount of 30% when purchasing 20 or more copies of his/her WORK, or 35% discount on 99 or more.
- Governing Law: The laws of the Commonwealth of Virginia shall govern this Agreement. Should differences arise, the Parties shall make every effort to resolve such differences amicably. Failing that, any proceeding concerning this Agreement shall be brought in a federal or state court in Virginia.
- Notices: All notices by one Party to the other Party must be in writing and sent by fax, express courier service or registered mail to the other Party's address or fax number: the address and fax number for INDYPUBLISH as displayed on the INDYPUBLISH web site on the date of the notice; the address and fax number for the AUTHOR as specified in the "Author Information" page. Faxed notices will be deemed given on the date of transmission, provided that for faxed notices the Party giving notice must maintain an electronic journal or electronic receipt showing the successful transmission. Notices sent by overnight courier shall be deemed given two days after the date of delivery to the courier. Notices of change of address and fax number shall be given with the same formalities.
- Complete Agreement: This Agreement contains the sole and entire Agreement between the Parties and shall supersede any and all prior agreements between the Parties. This Agreement may not be modified or amended except in writing signed by the Party against whom such modification or amendment is sought to be enforced.