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This is a Publishing Agreement between the author ("Author") signified below and Fultus Corporation, California ("Publisher") for the Author's book ("Work").
The Trial Period is the period of time starting when Author sends Author's Work to Publisher and ending when Author authorizes Publisher to publish the work or terminates this Publishing Agreement. During the Trial Period, Author may terminate this Agreement at any time by giving Publisher written notice via electronic or postal mail.
During the Trial Period, Publisher will send Author electronic Proofs of Author's Work for review. THESE PROOFS ARE PROPERTY OF FULTUS AND MAY NOT BE DISTRIBUTED OR SOLD IN ANY FORM. When Publisher sends Author an electronic Proof of Author's Work, Author will have fifteen (15) days to review the Proof and to either (A) Approve the Work for publishing and distribution; (B) Request changes to the Proof; or (C) Terminate the Publishing Agreement. Failure to respond within fifteen (15) days of receiving Proof will be considered authorization for Publisher to publish and distribute Work.
If Author authorizes Publisher to publish and distribute Author's Work at the end of the Trial Period, Publisher will charge Author for publishing services as described in Section 8 of this Agreement.
If Author authorizes Publisher to publish and distribute Author's Work at the end of the Trial Period, Author grants to the Publisher the non-exclusive, worldwide license to publish the Work in print and in all electronic media and all electronic formats, in whole or in part, in the English language. The Author also grants to the Publisher the right to make the Work viewable on the Publisher's Web site, or partner Web sites that have entered into agreement with the Publisher, in order to facilitate sales of the Work.
Publisher does not own rights to Work and is NOT responsible for editing Work and has no editorial control over Work. Publisher retains all digital property and ownership related to all completed production data and files.
Author grants to the Publisher the right to store, use, transmit and distribute electronic copies of the Work as required to facilitate the printing and distribution process. This grant includes the Publisher's vendors and affiliates.
All publication rights not explicitly granted to the Publisher are reserved by the Author.
The license for the Work shall extend until terminated by the Author or the Publisher. The Author or the Publisher may terminate this Agreement by giving the other party 30 days written notice transmitted via electronic mail or U.S. mail.
Author has the right at any time to cancel this agreement with thirty (30) days advance written notice to the Publisher. If the Author chooses to cancel, the Publisher will have the nonexclusive right to exercise the licensed rights granted in Paragraph 3 above or related addenda for 6 (six) months following the receipt of the cancellation notice.
Author shall pay Publisher the applicable fee for publishing and related services as indicated on the Order form and the Publisher's Web site. The Publisher may change the fee structure, at any time, at its sole discretion. Fees shall only, be refundable in full to Author (or applied against any outstanding amounts in the Authors account) in the event Publisher chooses not to publish the Work.
Fees related to other pre- or post-publication services, such as data entry, copyediting and/or corrections or book sales, are not refundable. Fees related to the publication of second and later editions of the Work are also not refundable.
On all sales of printed copies of the Work, the Publisher will pay the Author a royalty according to the retail (cover) price of the Work (see table below), less any shipping and handling charges, sales and use taxes, and returns.
Author shall have the right to purchase printed copies of the Work at a discount (see table below). Author payments must be made in advance. The Publisher is not required to pay royalties on any direct sales to Author of the Work.
Seller |
Type of Sales |
Discount
(Paperb./Hardc./Color) |
Price |
Author Royalty |
Fultus Bookstore |
To Author |
40%/35%/30% |
varies |
None |
Fultus Bookstore |
To Bookstores, libraries, resellers |
40%/35%/30% |
varies |
15% |
Fultus Bookstore |
To retail customers |
10% |
varies |
30% |
Author agrees to pay all applicable shipping, handling, cross-border and local fees associated with purchasing copies of their own Work or free Author copies of the Work.
On all sales of eBook versions of the Work, the Publisher will pay the Author a royalty according to the retail (cover) price of the Work (see table below), less any sales and use taxes. Electronic versions of the Work include, but are not limited to: CD-ROMs, DVDs, and other magnetic or optical storage media; multimedia in all forms, electronic databases, online distribution, satellite distribution, eBooks, and any other device for electronic reproduction, distribution, or transmission. Publisher may make the Work available for online viewing in electronic formats to allow individual readers to browse the material. If the Publisher charges for this service, the Author will receive the royalty as provided above.
Author shall have the right to purchase eBook copies of the Work at a discount (see table below). Author payments must be made in advance. The Publisher is not required to pay royalties on any direct sales to Author of the Work.
Seller |
Type of Sales |
Discount |
Price |
Author Royalty |
Fultus Bookstore |
To Author |
50% |
varies |
None |
Fultus Bookstore |
To Bookstores, libraries, resellers |
40% |
varies |
25% |
Fultus Bookstore |
To retail customers |
None |
varies |
50% |
Publisher shall pay Author all royalties earned, on a monthly basis, by the last day of the subsequent month following the end of each month in which the Publisher receives revenue. Author should note that Publisher receives payment for sales through distributors 90 days after the end of the month in which the sale was made. If the royalty payment due at this time is less than twenty-five U.S. Dollars ($25 U.S.) the balance will be applied to the next month until the royalty payment due equals or exceeds twenty-five U.S. Dollars ($25 U.S.), at which time the Publisher shall make the appropriate royalty payment to the Author.
Authors will not receive any royalty payments from Fultus for Works published in the Fultus eLibrary™.
The retail price of the printed version of the Author's book is based on the
post-production page count. For information about minimal retail prices of
printed and eBook versions, please reference the
Book Pricing
section on the Fultus Web site. Prices are subject to change at any time at the
discretion of Fultus as market conditions and costs warrant. Fultus also
reserves the right to introduce additional editions and versions of the Work.
Author will submit to Publisher a copy of Work in a form that is ready to publish. Any subsequent changes to the text of Work or editorial revisions requested by Author shall result in additional charges.
Author agrees not to use any copyrighted material in either the Work or the Work's cover.
Author understands that print-on-demand technology can sometimes make exact color matching difficult. Publisher makes no guarantees that it can match a particular color within the color spectrum or that copies of Work printed on different dates will exactly match the color of previously printed copies of Work.
The Author shall follow all the submissions procedures and payment requirements as set forth in the Publisher's Web site.
Publisher reserves the right, at its sole discretion, not to accept a submission upon receipt. If this is the case, the Publisher will refund the Author's submission payment, but the Publisher has no obligation to return the submission package or Work. Once a submission is accepted for publication and the editorial review process initiated, the Publisher shall not be required to refund any submission payments.
Publisher intends to market the Work on its Web site and make the Work available for print-on-demand (POD) and/or eBook distribution after receipt of all required materials relating to the Work.
Publisher intends to make the Work available for print-on-demand (POD) and/or eBook distribution within ninety (90) days after receipt of all required materials relating to the Work, but in no case later than one hundred eighty (180) days after the receipt of all the required materials relating to the Work. If the Publisher does not make the Work available within such time, except for delays caused by external circumstances beyond its control, the Author may give written notice to the Publisher to make the Work available within thirty (30) days. If the Publisher does not do so, this Agreement shall terminate and all rights herein granted shall revert to the Author.
Publisher will not be responsible for retrieving the Work or for any sales of Work in possession by an entity other than Publisher. Publisher will not be liable for delays, errors or non-performance of any services caused by any third party vendor or supplier of Publisher.
Publisher will use reasonable efforts to assist Author in promoting Work consistent with Publishing Program purchased by Author. However, Publisher cannot guarantee sales of any editions of Work. Publisher has made no guarantees or promises as to the minimum success of the promoting Work or the amount of book sales. Publisher has no control over the purchasing decisions of consumers and is not liable to anyone if Work does not sell to Author's expectations.
Publisher shall have full discretion as to price, production appearance and format of the Work. Publisher will retain final discretion over style and formatting of Work and its cover with Author acknowledging that Author may not utilize the formatted Work and cover with any other publisher, if Publisher or Author ceases publication of Work.
Publisher will provide the Author with the review option as defined on the Publisher's Web site. The Author shall have fifteen (15) days to proof the Work. The Author shall use reasonable efforts to adhere to proofing procedures posted by the Publisher and it is understood by the Author that the Publisher may terminate publication in the event the Author does not provide the required proofing feedback. If the Publisher terminates publication due to a lack of required feedback from the Author, the Publisher shall not be required to refund any submission payments, or return the submission package or Work.
Publisher agrees to post for the Work the copyright name specified by the Author and to secure a unique ISBN, if requested.
Publisher shall have the right to commence action for copyright infringement based on the rights granted hereunder.
Author shall receive 5 (five) free paperback copies of the Work (POD Paperback Program) and/or 1 (one) free hardcover copies of the Work (POD Hardcover Program) and/or 1 (one) free paperback copies of the Work (POD Color Book Program) and/or 1 (one) eBook in Adobe PDF (for Adobe Acrobat Reader) and in Microsoft LIT (Microsoft eBook Reader) formats (eBook Program).
The Publisher may post pertinent information regarding the Author or the Work. The information may include elements of the title submission package, such as the author biography and description of the Work. The Publisher may also post additional information that will help promote the Author or Work. If the Publisher requests such information, the Author agrees to promptly provide the information.
The PUBLISHER charges a title maintenance fee of eighteen U.S. Dollars ($18) per edition of WORK per year at the end of the first year of publication. The fee will be due twelve (12) months after the title has been published. The PUBLISHER may opt to deduct the title maintenance fee from any future royalty payments due the AUTHOR.
Upon giving thirty (30) days advance written notice, the Publisher may terminate publication of the Work without cause, at which point the rights to the Work immediately revert to the Author. The Publisher may also immediately suspend or terminate the publication of the Work upon acquiring knowledge of an actual or potential liability claim relating to the Work. The Publisher shall pay any accrued royalty income due the Author within ninety (90) days after the end of the month during which Publisher stops selling or distributing the book.
Author represents and warrants the following to the Publisher: (i) Author is the sole owner of the Work and has the full power, authority, and right to enter into this Agreement; (ii) this Agreement does not conflict with any arrangements, understandings, or agreements between the Author and any other person or entity; (iii) the Work is not in the public domain and is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured; (iv) the Work and all rights therein are free of liens, claims, interests, or rights in others of any kind; (v) the Work as submitted, and its publication by the Publisher, do not and will not violate or infringe upon any personal or proprietary rights, including without limitation, copyrights, trademark rights, trade secret rights, contract rights, privacy rights, or publicity rights of any other persons; (vi) the Work is not defamatory or obscene, or in any other way illegal; and any recipes, formulae, instructions, or recommendations contained in the Work are not and will not be injurious to any reader, user, or third person; (vii) all information in the submission package is accurate.
Author completely and wholly accepts responsibility for the content of the Work.
Author agrees to fully indemnify, defend, and hold harmless the Publisher and its Affiliates from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney's fees and court costs) arising from, connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth above, but the Author shall not be liable for any matter inserted in the Work by the Publisher or its licensees. All warranties and indemnifications made by the Author herein shall survive termination of this Agreement or any license hereunder. "Affiliates" means owners, shareholders, officers, directors, employees, parents, subsidiaries, affiliated companies, licensees, distributors, advertisers, Internet service providers, attorneys, and accountants and any other person or entity to whom Publisher extends its license or warranties to in connection with the production, dissemination, transmission, promotion, publication, or distribution of the Work or the exercise of any rights therein or derived therefrom.
This Agreement shall be governed by the internal laws of the State of California as a contract fully executed, without regard to conflict of laws rules, and shall bind and benefit the applicable heirs, successors, assigns, and personal representatives of the parties hereto, though Author may not assign this Agreement or any rights or obligations hereunder, by operation of law or any other manner, without the Publisher's prior written consent, such consent not to be unreasonably withheld. If any term or provision of this Agreement is illegal or unenforceable, then, nonetheless, this Agreement shall remain in full force and effect and such term or provision shall be deemed deleted or curtailed only to such extent as is necessary to make it legal or enforceable. This Agreement represents the complete understanding between the parties as to its subject matter and supersedes all prior understandings, if any, as to its subject matter. No modification, amendment, or waiver shall be valid or binding unless made in writing and signed by all parties hereto.
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