Please Note: This contract is ONLY a SAMPLE, proprietary,
protected by the website copyright and not in anyway part of the public domain.
ELJ Publications, LLC
Agreement between ELJ Publications “Publisher”
and ____________________ “Author” collectively referred to as “Parties”
The Parties to the Agreement wish to publish the paper edition of Author’s chapbook
currently titled: ________________ “the Work”.
- Author shall deliver to Publisher a completed, original manuscript.
- The Author warrants that the work is his; that the Work will not infringe upon the personal rights of or give rise to any claim by any third party, including, without limitation, claims in defamation, privacy, copyright, or trademark; and that the Author has the authority to grant Publisher the rights in the Agreement. Publisher will have no obligation to publish any part of the Work, which in its opinion would infringe upon such rights of any third party. Author agrees to indemnify and hold harmless Publisher for any IP rights violations representations set forth in this paragraph.
- Author grants to Publisher the right to print, publish, distribute and sell all editions of the Work, in the English language throughout the world.The Author grants the Publisher the rights solely to sell the Work, either in print or in electronic format, for a period of two (2) years from the date of this Agreement during which time the Publisher shall sell the Work in its entirety exclusively under its accepted title. The Publisher’s rights to sell the Work does not grant the Publisher any copyright to the contents of the Work, either individually or as a whole. The Author may, at any time, mix or republish poems and/or stories, or portions thereof, from the Work, under a new title, either individually or as part of another title, as long as less than seventy-five percent (75%) of the new title is compromised of poems and/or stories from the Work.
Upon termination of this Agreement, the Publisher shall no longer hold exclusive rights to sell the Work, but may retain the ability to continue to sell the Work under its imprint indefinitely upon written consent of the Author as long as the Publisher continues to compensate the Author as stipulated in this Agreement. If at any time the Author withdraws his/her written consent for the Publisher to continue to sell the Work, the Publisher shall remove the Work from all sales distributions and cease any and all compensation upon the date of the written request.
- PRINT EDITION(S)
The Publisher shall pay ten percent (10%) royalties on the Retail Price of the print edition of the Work based upon any and all sales, use or distribution of the Work in print. Retail Price is determined within thirty to forty-five (30‑45) days prior to release of the Work. Initial royalties shall be paid within the first (1st) fourteen (14) days of the first (1st) fiscal quarter following the actual date of release of the Work. Any and all subsequent royalties entitled to the shall be paid on the first (1st) day of the first (1st) month of every subsequent fiscal quarter via PayPal or the Publisher’s choice of electronic funds transfer. The Author is, at all time, obligated to report any and all royalties as income. The Publisher shall not be responsible for income tax of any and all royalties earned by the Author from the sell of the Work.
1. CONTRIBUTOR’S COPIES
The Publisher shall also compensate the Author ten (10) contributor’s copies upon release of the Work with no obligation of the Author to purchase additional copies. The Publisher will incur the cost of shipping the (10) contributor’s copies of the Work to the Author’s street address of choice and any applicable sales tax for the ten (10) contributor’s copies only.
The publisher shall also extend the Author during the term of this Agreement the right to purchase copies of the print edition at a reduction proportional to the Retail Price of the print edition as set forth in Addendum A, attached hereto, plus the cost of shipping and any and all applicable sales tax for the discounted copies purchased, to the Author’s street address of choice. Author agrees any and all subsequent orders of discounted copies must be purchased in a quantity of no less than twenty (20) copies per order by the Author.
The Publisher shall pay forty percent (40%) royalties on the Retail Price of the electronic edition of the Work based upon any and all sales, use or distribution of the Work in electronic format. Retail Price is determined within thirty to forty-five (30‑45) days prior to release of the Work. Initial royalties shall be paid within the first (1st) fourteen (14) days of the first (1st) fiscal quarter following the actual date of release of the Work. Any and all subsequent royalties entitled to the shall be paid on the first (1st) day of the first (1st) month of every subsequent fiscal quarter via PayPal or the Publisher’s choice of electronic funds transfer. The Author is, at all time, obligated to report any and all royalties as income. The Publisher shall not be responsible for income tax of any and all royalties earned by the Author from the sell of the Work.
Upon termination of this Agreement, should the Author not grant the Publisher the rights to sell the Work under its imprint indefinitely and/or withdraw his/her written consent to sell the Work at any time after termination of this Agreement, the Publisher shall cease compensation to the Author and remove the Work from all sales distributions upon termination of this Agreement or the date of the Author’s written request to withdraw the Work from the Publisher’s sales distribution, whichever occurs first. Any and all remaining unpaid royalties will be remitted to the Author within thirty (30) days of termination of this Agreement or the date of the Author’s written request to withdraw the Work from the Publisher’s sales distribution, whichever occurs first.
No advance shall be extended to the Author by the Publisher.
No changes, additions, deletions, abridgments, or condensations in the text of the Work or changes of title shall be made by the Publisher, its agents, or its employees without the specific written consent of the Author, which shall not be unreasonably withheld. The only editing that shall be made specifically shall be that of font type and size only.
GALLEYS AND PROOFS
Prior to publication, the Publisher shall provide the Author with galley proofs of the Work in PDF format, which the Author shall carefully proofread, itemize corrections for, and return to the Publisher within ten (10) days after receiving the same. The Author shall limit corrections to those necessitated by the Publisher’s failure to faithfully reproduce the text of the manuscript as delivered by the Author, and any reasonable editorial changes made by the Publisher or its agent shall not be rejected without good cause. Any new revisions to the galley proofs by the Author may be rejected by the Publisher or incur a fee to the Author for increased editorial and composition costs to be agreed upon in advance of any additional expenditure of effort. In the event of such revisions, the publication date as listed in this contract may be moved back as required by the Publisher without voiding this contract provided the Author is notified in writing by the Publisher of the schedule change.
Provided that the Publisher’s expressed production deadlines are met, the Author may provide ideas or examples to the Publisher of cover designs or artwork that the Author considers appropriate for the Work by way of having input into the design process, without guarantee from the Publisher that any of these shall be used. The Publisher agrees to present up to three (3) candidate cover design(s) from which the Author will select one (1) for final cover production. Should the Author reject the candidate designs, the Author may at his/her own expense and in a timely manner provide an alternative cover, subject to the approval of the Publisher. If the Author neither provides a suitable cover nor accepts one of the candidates offered by the Publisher, the Publisher shall choose the final cover design. Prior to the printing of the Work, the Publisher shall submit to the Author a proof or other facsimile of the final cover text and design for his/her approval, which shall not be unreasonably withheld.
The Publisher agrees to publish and commence distribution of the print and/or electronic edition of the Work assuming prior approval and acceptance of the Author’s final manuscript by XXXXXXXXXXXXXX. In the event the Publisher, through no fault of the Author shall fail to publish and distribute the Work by said date, this agreement shall terminate forthwith, and all rights hereunder shall revert to the Author. However, this publication date may be extended to any other date, and any number of such extensions may be made, upon mutual written agreement between the Publisher and the Author.
If during the existence of this agreement the copyright shall be infringed, the Publisher may, at its own expense, take such legal action, in the Author’s name if necessary, as may be required to restrain such infringement or to seek damages therefore. The Publisher shall not be liable to the Author for the Publisher’s failure to take such legal actions. If the Publisher does not bring such an action, the Author may do so, in his/her name at his/her own expense. Monetary damages recovered for an infringement shall be applied first toward the repayment of the expense of bringing and maintaining the action, and thereafter the balance shall belong to the Author; provided, however, that any monetary damages recovered on account of a loss of the Publisher’s profits shall be divided equally between the Author and the Publisher.
Neither the Publisher nor the Author will be found in default of this agreement for any circumstances relating to an Act of God.
Parties hereby agree that any legal action relating to this Agreement will be brought into the county of Orange in the state of New York.
Parties hereby agree that neither party will be entitled to consequential or special or punitive damages. In the event of any breach of this Agreement, parties will be limited to recovery of actual damages only.
Parties hereby agree to seek remedy of any breach of this Agreement through arbitration in conformity with the Arbitration Rules & Mediation Procedures in accordance with the American Arbitration Association.
* Discounted copies are offered in proportion to the Retail Price of the Work. The copies are offered as a tier discount, as set forth in the preceding table, and all purchased discount copies are cumulative for the purpose of the discount. The overall reduction in the Author’s per copy price is capped at the purchase of the one hundred twenty-first (121st) copy. The one hundred twenty-first (121st) discounted copy and every purchased copy thereafter is offered at the lowest price tier applicable to the Retail Price of the Work regardless of how many subsequent copies are ordered for the duration of the Agreement. No further discounted copies may be purchased after the termination of the Agreement unless the Author agrees to extend the Publisher the right to continue to sell the Work. Any Work whose length produces a Retail Price greater than $18.99 is also eligible for discounted copies, proportion of the Retail Price to be determined at the time the Retail Price is determined.