Contract
and Agreement
for eBooK and Print-On-Demand Publishing
for Bookstand Publishing
Whereas, the AUTHOR
wishes to publish his/her works (hereinafter
to be referred to as WORK) online in BOOKSTAND
PUBLISHING, the AUTHOR grants, while retaining
all other rights, BOOKSTAND PUBLISHING
the non-exclusive right
to distribute and publish the WORK in
BOOKSTAND PUBLISHING, by any and all electronic
means, and guarantees BOOKSTAND PUBLISHING:
1. He/she
is the sole AUTHOR and owner of all rights
to and of the WORK
2. He/she owns the copyright to the WORK
and has full power to make this agreement;
3. The WORK is not in the public domain;
4. The WORK does not violate any right
of privacy;
5. The WORK is not libelous or obscene;
6. The WORK does not infringe upon any
statutory or commonlaw copyright;
7. That any recipe, formula or instruction
contained in the WORK is not injurious
to the user or advocates the use of violence
to the user;
8. He/she shall submit a copy of his/her
written permission to use material copyrighted
by others if any such material is included
in the WORK;
9. That BOOKSTAND PUBLISHING shall not
have legal responsibility, in any way
or means, for the AUTHOR'S WORK;
10. He/she shall hold BOOKSTAND PUBLISHING
harmless for any damages BOOKSTAND PUBLISHING
sustains due to including the WORK in
EBOOKSTAND.
In addition, the AUTHOR
shall:
1. Have the right to terminate this CONTRACT,
in writing, at any time for any reason;
2. Pay BOOKSTAND PUBLISHING a one time
setup fee based on the tables located
at: http://www.bookstandpublishing.com/pricing.htm
to produce the desired number of copies
ordered by the AUTHOR in the registration
process and to maintain the work in the
ebookstand database for a minimum of 18
months.
3. Authorize BOOKSTAND PUBLISHING to collect,
retain and disperse all moneys;
4. Authorize BOOKSTAND PUBLISHING to retain
50% of the purchase price of the WORK
for each electronic copy sold and or the
established wholesale price of all Print
on Demand books; (In other words, we will
pay you 50% of the list price for each
eBook sold, 30% of the list price on each
trade paperback book sold through BookstandPublishing.com
and up to 10% of the list price on each
print book sold on other retail web sites.)
5. Authorize BOOKSTAND PUBLISHING to refuse
a WORK if it is not submitted in MS Word,
WordPerfect (or another pre-approved format)
as an e-mail attached file or uploaded
using our online form;
6. Communicate, in writing, all notices,
including any change of address, to BOOKSTAND
PUBLISHING at the address of 14781 Memorial
Drive, Suite 626, Houston, TX USA 77079
or authorservices@bookstandpublishing.com
7. Forfeit to BOOKSTAND PUBLISHING, upon
failure to notify BOOKSTAND PUBLISHING
of change of address by the CONTRACT'S
termination date, any moneys still due
to AUTHOR.
BOOKSTAND PUBLISHING shall:
1. Use its best efforts to electronically
present the WORK;
2. Consult with the AUTHOR regarding the
pricing of the WORK, (however, BOOKSTAND
PUBLISHING retains the right to establish
the final price);
3. Have the right to retain and own statistics
concerning the sale of the WORK;
4. Not be responsible for editing the
WORK;
5. Have the right to correct obvious minor
spelling, grammar or punctuation errors
of the WORK;
6. Communicate, in writing, notices to
the AUTHOR;
7. Remit minimum moneys of $25.00 monthly
of sales monyes collected from the WORK
to the AUTHOR;
8. Reserve the right to terminate this
CONTRACT, in writing, at any time.
9. Retain a fee of $75 for processing
an application and file set up if the
AUTHOR terminates this CONTRACT after
its acceptance and prior to fulfillment
by BOOKSTAND PUBLISHING.
10. Remove any works from the database
after 18 months that have had ZERO sales.
11. Produce ONE "proof "copy
of the work as an Adobe Acrobat PDF file
and forward this copy to the AUTHOR prior
to any production runs of the WORK.
12. Offer to the AUTHOR a wholesale price
schedule so the AUTHOR can purchase books
as needed for resale
13. Issue ONE International Book Standard
Number (ISBN) per registration that will
be assigned to the HARD COPY book only.
14. Convert the WORK to Adobe PDF file
format for distribution as an ebook;
15. Create all the credit card processing
mechanism to take and process PRINT ON
DEMAND book orders;
16. Supply the AUTHOR with a duplicated
electronic COPY of all sales receipts
as the sales are generated and authorized.
The parties understand this CONTRACT is
binding upon their heirs, executors, administrators
and assigns. The AUTHOR and BOOKSTAND
PUBLISHING, by AGREEING WITH TERMS, execute
this CONTRACT, under the governing laws
of the State of Washington on the date
first above written. It is further understood
that should litigation ever arise from
this agreement that the prevailing party
in whose favor relief is granted or judgment
is entered shall have its attorney's fees
paid by the non-prevailing party.
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