PUBLISHING AND DISTRIBUTION AGREEMENT

​

As used in this Agreement, "Publisher" refers to Independent Authors Publications (a New Jersey limited liability company), and its employees, agents, representatives, partners, parent and related entities and imprints, licensees, successors and assigns; and "Author" refers to the person, persons or entity accepting this Agreement by signing below. The Agreement will continue in effect from the date it is first signed by the Author, until terminated. This publishing contract governs the publication of the work(s) listed below.

​

GRANT OF RIGHTS

​

The Author grants the Publisher the following rights:

• The right to publish, distribute, sell, and profit from the listed works in all languages and formats in existence today and at any point in the future.

• To create or devise modified, abridged, or derivative works based on the works listed.

• To allow others to use the listed works at their discretion, without providing additional compensation to the Author, if in the judgement of the Publisher, such use may benefit the sale of the Work or of subsidiary rights in the work.

These rights are granted by the Author on behalf of him/herself and their successors, heirs, executors, and any other party who may attempt to lay claim to these rights at any point now or in the future. Any rights not granted to the Publisher above remain with the Author.

 

THE MANUSCRIPT

​

• The Author agrees to deliver a completed manuscript in word document format no later than 4 weeks after executed contract. The manuscript may be delivered via certified mail or email, in printed or digital format.

• The Author shall deliver all artwork, prefaces, references, acknowledgments, and other “frontmatter” or “backmatter” when requested.

• The Authors manuscript and Work must comply with the Content Guidelines and all applicable laws and regulations.

• The Author will provide written authorizations and permissions for the use of any copyrighted or other proprietary materials (including but not limited to Artwork) owned by any third party which appear in the Work and written releases or consents by any person or entity described, quoted, or depicted in the Work (collectively “Permissions”).

• The Publisher is not responsible for the loss of or damage to the Authors Manuscript, artwork, or any other documents or materials provided by the Author to the Publisher and agrees to make and maintain copies of all such documents and materials for use in the event of such loss or destruction.

• If the Publisher deems any delivered material to be unacceptable for any reason, The Author shall be granted a date by which to correct such defects to bring it into compliance. If the Author fails to correct defects in the time granted, the Publisher may terminate this Agreement with cause by informing the Author by letter. All rights granted the Publisher under this Agreement shall revert to the Author.

 

PUBLICATION

​

• Editing – The Publisher shall have the right to edit and revise the Work for any and all uses under this Agreement, and the Author will have the right to review and alter the editing so that the edited Manuscript is reasonably and substantially acceptable to the Author.

• Publisher will provide the Author with an electronic copy of the complete Work for a thorough review prior to publication. The Author agrees to read, correct and return all page proofs within 14 calendar days after receipt. If any changes to be made in excess of 5% of the typesetting shall be paid by the Author. If the Author fails to return the corrected proof within the time set forth above, the Publisher may publish the Work with the Author’s approval of the page proof.

• After final approval is given, The Author waives all claims against the Publisher arising from or related to any alleged errors, omissions or other content or pricing issues discovered in the Work after final approval. The Author is responsible for the Fees for any subsequent changes, corrections or other Services requested by The Author after final approval.

• The Author will receive 5 copies, free of charge of the Work for personal and marketing use. The Author may purchase additional copies of the Work in any quantity at a 50% discount off the list price of the Work. NOTE: No royalties will be paid on copies of Work purchased by the Author. The Author is responsible for the payment of shipping and handling fees applicable to the shipment of copies of the Work to the Author.

 

COPYRIGHT

 

The Publisher shall, in all versions of the Work published by the Publisher under this Agreement, place a notice of copyright in the name of the Author in a form that complies with the requirements of the United States copyright law, and shall apply for registration of such copyright(s) in the name of the Author in the United States Copyright Office at the Publisher’s expense.

 

ROYALTIES

 

Royalties will be paid to the authors at 100% of the net profit for all sales EXCEPT:

• sales of used copies of the Work;

• sales of the Work to The Author;

• copies of the Work given to any person or entity free of charge.

Royalties are calculated on a quarterly basis and paid after the end of each calendar quarter. Royalty payments may be reduced by any outstanding amounts the Author owes Publisher. The Publisher shall have the right to allow for a reasonable reserve against returns.

The Author is responsible for providing and maintaining complete and current personal information, including, but not limited to, the legal name, address, telephone number, email address, and tax information. We are not liable for any damages related to delays or failure to receive notices, tax documents, Royalty payments or other information resulting from the Author’s failure to maintain accurate current and complete personal information. The Publisher will hold Royalties until the Author provides accurate information.

 

RIGHT TO CANCEL

• Should either party fail to or is failing to uphold the terms of this Agreement, at any time, they should provide written notice to the other Party. Either Party will be granted a minimum of 90 days to correct such shortcomings.

• If either Party fails to adequately address the issues presented, either party shall have the right to cancel this agreement. Termination will take effect 90 days after receipt of notification. The Author will remain liable for any outstanding payments owed to the Publisher in connection with the Work at that time.

• Upon termination of this Agreement, all rights in the Work granted to the Publisher in this Agreement, will revert to the Author.

 

REFUNDS

Refunds will be issued as follows based on the package purchased.

Publishing Package:

• 0-30 days after purchase: 100% purchase price less $100 or 10% whichever is greater

•  After 30 days of purchase: NO REFUND

• 0-30 days after purchase: 100% purchase price less $100 or 10% whichever is greater

• After 30 days of purchase: NO REFUND

 

WARRANTIES, REPRESENTATIONS AND INDEMNITIES

 

The Author warrants to the Publisher that:

• The Work is not in the public domain

• The Author is the sole owner of the intellectual property

• That no other similar agreements governing this work exist,

• The Author warrants that the works do not infringe on copyrights, trademarks, or other intellectual rights of any third parties.

• The Work governed by this Agreement contain statements presented as fact, the Author warrants that such statements are true and accurate.

• The Author agrees to refrain from entering into agreements with third parties that conflict with the terms of this Agreement.

• The Author shall indemnify and hold harmless the Publisher from and against all claims, suits, demands, actions and proceedings, judgments, penalties, damages, costs and expenses

(including legal fees and costs), losses or liabilities of any kind which may arise or result from (i) the Work, or any part thereof, infringing the copyright, trademark, trade secret or other intellectual property rights of any Third Party, and (ii) from breach of any foregoing representations or warranties from the Author.

LIMITATION OF WARRANTIES

If at any time during the term of this Agreement that a claim arises for infringement the Author agrees that the liability to the Publisher, our officers, affiliates and agents shall not exceed the amount the Author has paid in connection with this Agreement.

APPLICABLE LAW

Regardless of the place of its physical execution, this Agreement shall be interpreted, construed and be governed by the laws of the State of New Jersey.

GENERAL TERMS

This agreement represents the entire agreement between the Publisher and Author. This contract may not be altered, amended, or otherwise modified except through written form requiring signature by both parties. Should multiple individuals be considered the “Author” of the works governed by this agreement, each of those individuals shall be liable for adhering to the terms of this contract. All notices under this Agreement must be supplied in writing sent by regular mail to: Renaee Smith, C/O IAP, PO Box 7062, Roselle, NJ 07203 or by e-mail to admin@independentauthorspublications.com. Nothing contained in this Agreement will be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment or fiduciary relationship between the Parties, and neither of the Parties will have authority to contract for or bind the other Party in any manner whatsoever.

Either party shall be granted an extension on any time-sensitive duties related to this agreement should circumstances beyond Our control interfere with Our ability to execute Our contractual obligations.

All notices related to this agreement shall be delivered via certified mail to: Renaee Smith, C/O IAP, PO Box 7062, Roselle, NJ 07203 or by e-mail to admin@independentauthorspublications.com. This agreement shall be considered legally binding upon both parties, heirs, partners, associates, subsidiaries, successors, executors, and licensees. This agreement shall be governed by the laws of New Jersey.

I have read, understand, and agree to comply with the terms set forth in this Agreement.