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Book Publishing and Printing Agreement

 

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(“Effective Date”) and remain in effect until terminated by either party as set forth in this Agreement.

 

I. General Agreement

Author retains all publication and copyright rights to the manuscript and all other material the Author submits to Publisher. As set forth herein, Publisher will produce a book version of Author’s manuscript hereinafter referred to as “Title.” Publisher will produce a custom cover design hereinafter referred to as "Cover."

Author grants Publisher a non-exclusive, worldwide license to distribute and sell Author’s Title, book and all other material submitted to Publisher by Author in print or digital form.

Author grants Publisher the right to exhibit, print, and distribute any materials submitted in connection with Title, which includes, but is not limited to, cover art, interior and exterior images or photographs, text, quotes, testimonials, and Author’s biography, and grants Publisher the right to exhibit Certa Resources, LLC. and Certa Publishing logos or verbiage on any submitted materials.

 

II. Submission of Title and Payment of Publishing Package

Electronic submission of Author’s Title and required forms are submitted through Publisher's website and/or via email. Author agrees to select his/her Publishing Package and pay the cost of the selected Publishing Package, which is set on Publisher's website at www.CertaPublishing.com. Publisher will not proceed with publication services until full payment by Author is received.

 

III. Other Publishing Services

a. Publisher reserves the right to reject the Title and/or any related material at any time for any reason under section VI Termination.

b. Publisher will make all reasonable efforts to publish, print, market, and distribute (as set forth in Publishing Package) Title within one hundred twenty (120) days of Publisher’s receipt of all materials required from Author in conjunction with Title and shall, in all cases outside of Force Majeur in Section VIII or Author inaction, make Title available for publication, printing and sale within one hundred twenty (120) days of Publisher’s receipt of all materials required from Author in conjunction with Title, including written authorization by Author to proceed with production of Title.

c. Author will maintain the copyright and designate the copyright name for Title and Cover.

d. Publisher will secure a unique ISBN number for each print format of Title. Publisher cannot use a pre-existing ISBN supplied by Author.

e. Unless otherwise supplied by Author, Publisher will design the book block, front cover, back cover, and spine, and will prepare the digital files necessary to publish, market, distribute and print Author’s Title in book form as set forth herein. Due to the volume of books printed, it is not feasible to review each individual printed page of each book. However, all reasonable efforts are made to ensure the following: all pages are included in Title according to the Author approved proof, cover is applied within 1/16” variance, binding is applied and squared to the book page block, cover and interior match the Author approved proofs and print registration is within +/- 1/16” variance.

f. Author will pay $1.50 per case per month for a warehouse storage fee on all books left at Certa Publishing's warehouse and fulfillment center. The warehouse storage fee will be billed in advance on a quarterly basis to the credit card on file. If a credit card is not on file, Publisher will provide an invoice to Author with payment due upon receipt. The quarterly warehouse storage fee is subject to change. If a change in the quarterly warehouse storage fee is necessary, Publisher will give Author a least thirty (30) days’ notice.

g. If Author chooses to change their Cover, or start over on their Cover for any reason, Author will incur additional charges. Charges incurred depend upon the Publishing Packages chosen by Author.

h. Author must agree to supply at least 30 copies of their book for review if reviews are included in Author's Publishing Package. Author might not actually give away that many, but has to be willing to if the demand is there. All S&H is to be paid by Author.

i. If Google Book Preview is included in Author’s Publishing Package, 20% of Title will be available to potential purchasers for review.

 

IV. Author Responsibilities

Author represents and warrants that Author is the sole owner of the Title and all material submitted in conjunction with Title, including but not limited to all submitted Cover artwork, interior images, and photograph(s) of Author. Author represents and warrants that Author has full power and authority to enter into this Agreement. Author represents and warrants that this Agreement and submission of Title and all other material does not violate any arrangement or Agreement between Author and other persons or entities.

Author represents and warrants that all material submitted in connection with Title is entirely original, free of liens, claims, or interests of any kind and is not slanderous, pornographic, obscene, libelous, or defamatory, and does not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademarks or privacy rights of other persons or entities.

Author represents and warrants that he/she is eighteen (18) years of age or older.

 

V. Book Copies and Profit/Royalty

a. The cost of books printed is dependent upon the format and the total number of pages in the final digital file of Title as published, color and other factors. Since the final total number of pages cannot be known until the final digital file is prepared, Publisher will provide, upon request by Author, an approximate printing estimate based on Author’s input of the estimated number of pages. The printing cost will be set by the Publisher based on the actual final page count and alterations of specifications on the particular Title at publication. Final print cost will be provided to Author in the form of a Printing Agreement for Author to select quantity and sign. Author is responsible for paying to print a minimum of 100 paperback books (this does not include any free books listed with Publishing Package or sales/promotions). If Author wishes to print their book in a hard bound version, the minimum print quantity for a hard bound book is 250.

b. The total Book Profit/Royalty on sales made by Publisher of print and electronic copies of Title, earned during each calendar quarter, shall be paid to Author within sixty (60) days following the end of the quarter in which sales occurred. If the total Book Profit/Royalty for the quarter is less than twenty-five dollars ($25), Publisher will wait to pay the Book Profit/Royalty to Author until such time that the accrued and unpaid Book Profit/Royalty from all past quarters meets or exceeds twenty-five dollars ($25), at which time payment will issue in accordance with the time frame above. Book Profit/Royalty will be paid by check mailed to Author’s last known address. Checks not cashed by Author within one hundred eighty (180) days of issuance are subject to cancellation by Publisher without further obligation on the part of Publisher to reissue same. Book Profit/Royalty is not earned on copies provided to or sold to Author. Publisher will report books sales no less frequently than quarterly. Profit on these sales collected by Publisher will be defined as sale price received from Amazon.com, Publisher's bookstore or other third parties less costs from Amazon.com, Publisher and/or other third parties. Publisher has the right to deduct unpaid renewal fees or any other past due balances from Author’s royalties.

c. See Exhibit A for details on order processing fees.

 

VI. Termination

a. Author may terminate this Agreement upon written notice to Publisher. Upon termination by Author, all miscellaneous fees and monthly storage fees are due. Once the Title is submitted there will be no refunds for the Publishing Package.

b. Publisher can terminate this Agreement at any time and immediately cease distribution of Title upon any claim that Title violates the copyright or other legal rights of any person or entity, or upon the discovery by Publisher that Author has violated any of the warranties or representations contained herein. In such cases, any royalties owed to Author will be forfeited. Publisher can terminate this Agreement prior to publication upon failure of Author to pay amounts due or upon failure of Author to respond within thirty (30) days to Publisher’s request for information. Publisher can terminate this Agreement after publication if any accrued balance due remains unpaid by Author following thirty (30) days written notice to Author. In such cases, any royalties owed to Author will be forfeited. Author must promptly pay shipping and handling charges for return of all books in possession of Publisher should Agreement be terminated. Should Author not pay the reasonable shipping and handling within thirty (30) days of termination of this Agreement, Title in Certa Publishing's warehouse will be forfeited to Certa Publishing. Additionally, upon annual review, Publisher has the right to terminate this Agreement at Publisher’s sole discretion for any reason, including but not limited to lack of sales of Title, lack of responsiveness to communications by Author, failure to pay sums due in a timely manner by Author, and/or actions by Author that brings negative attention to Author or Publisher.

c. Publisher may not thoroughly review the contents of a Title before production if editing services are not purchased from Publisher. Publisher reserves the right to terminate this Agreement if the Title content contains: profanity, explicit content, offensive material, graphic sexual or violent content, cult or occult content or anything else that does not uphold the Statement of Faith attached hereto. If Publisher terminates this Agreement because the Title is found to contain such material, Author may qualify to receive a credit or refund of fees minus a $250 Administrative/Review Fee if the Title has not been entered into production. There will be no refund for a Title that has been entered into production and found to contain such material.

d. Upon termination, Publisher will cease all distribution of Title and all rights granted within this Agreement revert back to Author. Publisher is not responsible, however, for the failure of third-party distribution sources, such as Amazon.com and Google.com, to remove Title from any database in which such third party sources may have listed or enrolled Title for sale or review.

e. If Title has not been submitted there will be a 70% credit or refund if this Agreement is terminated by Author within 30 days or less of the date signed on this Agreement (the remaining 30% will be applied to Administrative Fees). There will be a 55% credit or refund if this Agreement is terminated by Author within 31 – 60 days of the date signed on this Agreement (the remaining 45% will be applied to Administrative Fees). There will be a 30% credit or refund if this Agreement is terminated by Author within 61 – 100 days of the date signed on this Agreement (the remaining 70% will be applied to Administrative Fees). There will be no credit or refund after 100 days of the date signed on this Agreement.

f. If Author does not give final approval for printing Title and return their Printing Agreement and payment within one year of the date signed on this Agreement, this Agreement will become null and void at the option of Publisher. Publisher shall notify Author sixty (60) days prior to exercising its termination option. Author will then have sixty (60) days from such notice to approve and authorize printing of the Title. If, after 365 days, including the sixty (60) days’ notice referenced infra by Publisher, Author has not taken action, Publisher has no further obligation to complete any publishing services.

 

VII. Indemnification and Limitation of Liability

a. Author shall defend, indemnify and hold harmless Publisher, its parent companies, subsidiaries, and affiliates, as well as their officers, directors, employees, and agents from any and all third-party claims, actions, proceedings, damages, and expenses (including reasonable attorneys’ fees and applicable costs of in-house counsel), in connection with a breach or alleged breach of the representations and warranties made in this Agreement. This includes any and all claims of copyright or ownership infringement by publication or Title and all claims for damages caused by the negligence of Author.

b. All warranties and indemnifications made by Author herein shall survive termination of this Agreement and any license granted hereunder.

c. Author acknowledges that due to the nature of the Internet, digital content may be sold in geographic territories for which neither Author nor Publisher has territorial rights. Author waives any claim for damages against Publisher for sales in territories for which it does not have the right to sell or distribute the digital content.

d. All services and products, if any provided by Publisher under this Agreement, are provided on an “as-is” basis. Author shall review and approve the book proof prior to the pressrun. Publisher does not warrant that the services or products if any provided hereunder will be uninterrupted or error-free. Publisher disclaims any and all representations and warranties, express or implied, including, without limitation, the implied warranties or merchantability, fitness for a particular purpose, non-infringement of copyright, title, and data accuracy. Publisher’s total liability to Author or any third-party for any and all damages shall not exceed in the aggregate the amount of fees actually paid by Author to Publisher during the one month period prior to Publisher’s act giving rise to the liability. To the maximum extent permitted by applicable law, in no event shall Publisher, its parent companies, subsidiaries, or affiliates, or any of their respective officers, directors, employees, or agents be liable for punitive, consequential, incidental, exemplary, indirect, or special damages, including without limitation damages for loss of profits, revenues, business, data or other intangibles, whether or not such damages were foreseeable and even if Publisher had been advised of the possibility or likelihood of such damages.

 

VIII. Force Majeur

Any delay or failure of Publisher to perform its obligations under this Agreement shall be excused if and to the extent that such delay or failure is caused by an event beyond the reasonable control of Publisher, including without limitation, any act of God, act of terrorism, actions by any government authority, fires, floods, natural disasters, riots, wars, labor problems, failure of or interruptions in telecommunications or data transmission systems, or the inability to obtain materials, labor, equipment or transportation.

 

IX. Governing Law

a. This Agreement shall be governed exclusively by and construed according to the laws of the State of Florida, without giving effects to conflicts of law principles.

b. Any legal action related to the terms of or obligations arising under this Agreement shall be brought in Orange County, Florida.

 

X. Author Payment Obligations

a. Author may elect to pay for their Publishing Package in two payments. If Author elects to pay for their Publishing Package in two payments, Author must sign and return this “Book Publishing & Printing Agreement” with their first payment. The first payment must be at least half of the cost of the Publishing Package being purchased. The 2nd payment is due in full within forty-five (45) days of the date on this contract to hold the price and any sale at the time the contract was signed. If Author does not make second payment within forty-five (45) days, but would still like to purchase the Publishing Package selected below, Author may pay the remainder of the current price of the Publishing Package at the time final payment is received. If Author does not wish to proceed with the Publishing Package selected below, after making the initial payment, author must inform Publisher in writing. Author will receive refund of their initial payment minus a $250 Administrative Fee. Once second and final payment from Author is received, see Termination Section VI for our termination procedures.

b. Author has one hundred and twenty (120) days, from the date on this contract, to make a second payment. If Author does not make a second payment, or cancel this contract in writing within one hundred and twenty (120) days, this agreement will become null and void. No refund will be made to Author.

c. Publisher will not begin any publishing services until Author’s Publishing Package is paid in full.

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* This agreement must be signed in the same month as the form shown above. If Author is signing and submitting a down payment in a different month from the above specials, a new form showing the current month specials, if any must be submitted.

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