Inkitt
The Contract

Our Publishing Contract at a Glance

We decided to simplify our contract and make it accessible to the public
25% Royalties if Inkitt
publishes your work
Professional marketing with
a minimum budget of $6000
You can cancel the contract if we don't
sell more than 1000 copies within a year
Professional cover design
Professional editing
85% Royalties if we publish your work
through a partner publishing house

PUBLISHING AGREEMENT 1.2

Updated June 21, 2017

THIS INKITT PUBLISHING AGREEMENT (the “Agreement”) is made this ENTER DAY day of ENTER MONTH, 2017 (the “Effective Date”), by and between Inkitt GmbH, Inselstraße 9, 10179 Berlin, Germany (the “Publisher”) and ENTER AUTHOR'S NAME ADDRESS (the “Author”), which term shall be deemed to include the Author's executor, devisees, heirs, and literary assigns).

Author desires the Publisher to publish the Author’s work titled ENTER TITLE (the “Work” or “Works”), and Publisher desires to publish the Work throughout the world and in any format, whether electronic or hard copy or otherwise, subject to the terms hereof;

In consideration of the promises hereinafter set forth and for valuable consideration, receipt whereof is acknowledged, the parties agree as follows:

I. Grant of Publishing Rights
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Section I: Grant of Publishing Rights
In order to publish your novel effectively, we need the full rights to commercialize it. However, there is now a reversion clause that will allow you to recapture dramatic, film/TV and merchandising/commercialization rights, if Inkitt fails to exploit them within the periods specified in the clause.

  1. The Author hereby grants and assigns to the Publisher, its successors, representatives, and assigns, the sole and exclusive right to publish (whether online as e-books etc., and/or hard copies, etc.) and sell the Work in any language in all forms worldwide, during the full Work’s term of copyright and any renewals and extensions thereof. The foregoing grants Publisher exclusive right to commercialize the Work by any means and/or media, including but not limited to produce and publish the Work and sell and license or sub-license the rights of the Work for/in e-book formats (such as html, PDF, mobi, EPUB, including any e-book formats invented while this Agreement is in effect etc.), print formats (hardcover, paperback etc.), audio book formats, movie and television formats, merchandising articles, as well as the additional rights set forth under Section II 2 below. Author hereby assigns to Publisher any “moral rights” in or to the Work, and waives any such “moral rights” otherwise held by Author. To the extent moral rights in the Work cannot be assigned, Author agrees not to assert any such rights at any time. Author hereby covenants and agrees that he/she will execute any and all documents and papers reasonably requested by Publisher to evidence the transfer of the Work´s rights to Publisher, including, but not limited to, documents and papers relating to the assignment of copyrights. Publisher may sell, assign, license, and otherwise commercialize the Work and/or the rights granted to Publisher herein, including but not limited directly by selling the Work to readers or by licensing or selling to any publisher.
  2. Additional rights which the Author grants to the Publisher:
    1. reprint of the entire Work and of selections and shortened versions in anthologies, abridgements, condensations and other volumes;
    2. First-Serial Rights and reprint of selections and shortened versions in any magazine or newspaper before publication of the Work;
    3. Second-Serial Rights and reprint of selections and shortened versions in any magazine or newspaper after publication of the Work;
    4. recording and photographic reproduction of all or part of the text;
    5. developing or licensing for use in all other mechanical or electronic visual and non-dramatic sound reproducing rights of the Work now known or later invented;
    6. licensing film, television and dramatic adaptations of the Work;
    7. games in all print and electronic formats based on or derived from the Work;
    8. merchandising and commercialization of the Work;
    9. licensing of book-club editions;
    10. reproduction of the text for the physically handicapped; and
    11. any other rights necessary for Publisher to fully exploit the exclusive rights in the Work granted herein; and
    12. licensing Translation Rights.
Notwithstanding anything to the contrary in the foregoing, if Publisher fails to exploit, sell or license any of the (i) film, television and/or dramatic rights, or (ii) game rights within eighteen (18) months after the Publishing Date (in each such instance, an “Unexploited Right”), Author may at any time thereafter make written demand on Publisher for reversion of the Unexploited Right to Author. If Publisher fails to exploit, sell or license the Unexploited Right within six (6) months after receipt of such reversion demand, the Unexploited Right shall automatically revert to Author. Such reversion shall apply only to the Unexploited Right that is the subject of Author’s reversion demand, and shall not affect any other right granted to Publisher under Sections 1(A) and 1(B) of this Agreement.
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The Author grants to the Publisher the option to acquire the exclusive right to publish the Author’s next book-length work in the same series as the Work, or that could be identified as part of a themed series, based on a reasonably detailed outline subject to the terms and conditions hereinafter set forth.  The Author shall submit such reasonably detailed outline to the Publisher before offering or submitting same to any other party.  The Publisher shall have a period of thirty (30) days after such submission, or ninety (90) days after first publication of the Work hereunder, whichever is later, to negotiate in good faith with respect to the terms of an agreement to publish such work.  During such period the Author shall not submit or offer such reasonably detailed outline to any other party or negotiate with any other party with respect to such work.  If the Author and the Publisher are unable to agree to the terms for publication within such exclusive negotiating period, the Author then may offer such reasonably detailed outline to other parties, but may not enter into an agreement with another party to publish the work before offering to the Publisher the option to acquire the work on the same material terms offered by such other party, provided that if the Publisher fails to exercise such option within thirty (30) days after notice from the Author, the Author shall be free to contract with the other party without further obligation to the Publisher.
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The Author shall execute and deliver to the Publisher any and all documents which the Publisher reasonably deems necessary or appropriate to evidence or effectuate the rights granted in this Agreement.
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Nothing contained in this clause shall be construed as limiting, modifying or otherwise affecting any of the rights granted to the Publisher under this Agreement.

II. Definitions

“Book-Publication Rights” means the right to publish the Work in any print book format (hardcover and mass-market and trade paperback), as well as to publish in any other edition, format, or version described in Section 1.

“First-Serial Rights” means the rights to use all or any portion of the Work in the English language in newspapers, magazines and other periodicals (whether in one or more issues) before the date the Work is first available for sale to the public in book form, including the right to create for such usage abridged, adapted and condensed versions of the Work.

“Graphic-Book Rights” means the rights: (i) to create (or have created) Graphic Books in all languages based on the Work and to publish those Graphic Books in book form; (ii) to publish and to use those Graphic Books (as well as text, art or other excerpts from those Graphic Books) in electronic media and in any other form or media, and to exercise and exploit in connection with those Graphic Books the same additional and subsidiary rights that are granted to the Publisher by this Agreement in the Work; and (iii) to use the title of the Work in connection with, and in the advertising, promotion and publicity for those Graphic Books. A “Graphic Book” as used anywhere in this Agreement means a work derived from the Work consisting of sequential art with captions, boxes and/or bubbles of text (which text may be original, adapted from the Work and/or taken verbatim from the Work, and will include any Alt- text). Graphic Book Rights include, without limitation, the right to incorporate plot elements, characters, fanciful places, situations, facts, ideas and events taken or derived from the Work into a Graphic Book.

“Net Revenue” means the revenue actually received by Publisher from Royalty Sales or Licensing Sales, as applicable.

“Performance-Marketing Edition” means in any edition of the Work (hardcover, trade and mass-market paperback, electronic or ebook, or audio editions) sold through any method of performance marketing now or hereafter known, such as through Facebook Ads, Outbrain Ads, Twitter Ads, Amazon Ads, etc., or through marketing to customer contacts.

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“Publishing Date” means the date on which Publisher first receives any Net Revenue hereunder.

“Translation Rights” means the rights to translate the Work into languages other than English, to publish full-length translations in book editions as well as rights to publish full-length translations in ebook, print and audio editions, and to use such full-length translations in electronic media, and to grant First Serial Rights, Second Serial Rights, Selection Rights, Graphic Book Rights and Sound Reproduction Rights (each as defined in this Section 2) in languages other than English.

“Second-Serial Rights” means the rights to use all or any portion of the Work in the English language in newspapers, magazines and other periodicals (whether in one or more issues) on or after the date the Work is first available for sale to the public in book form, including the right to create for such usage abridged, adapted and condensed versions of the Work.

“Selection Rights” means the rights (i) to create condensed, adapted and abridged English language versions of the Work, to publish and to use those versions; (ii) to use any portion of the English language text of the Work (as well as any artwork included in the Work) in electronic media; (iii) to use all or any portion of the English language text of the Work (as well as any artwork included in the Work) as part of a Collection in any media granted to the Publisher by this Agreement, and (iv) to grant permissions to use all or any portion of the Work in print and other media granted to the Publisher by this Agreement (including but not limited to reprographic and other image processing technologies for storage, display and printing of images of the printed page).

“Sound-Reproduction Rights” means the rights to create, to publish and to use in electronic media, non-dramatic English language readings of all or any portion of the Work (including condensed, adapted and abridged versions), together with introductory, concluding, transitional and narrative material, as well as background music and/or other incidental or background sounds, whether in the form of records, tape recordings, sound cassettes, compact discs, electronic media or other technologies now known or hereafter devised (“Audio Editions”).

III. Copyright
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Section III: Copyright
Registering the copyright in those countries that have registration schemes (primarily the U.S.) will ensure maximum protection for both your and our rights.

Copyright of the Work, if not heretofore registered, shall be registered by the Publisher, upon first publication, in a timely manner in the name of the Author, (a) in the United States and (b) in such other countries as the Publisher deems feasible or desirable. The Publisher shall print the proper copyright notice or notices necessary to protect copyright to and in the Work on the reverse side of the title page or in another appropriate place, in every copy thereof, in the name of the Author. The Publisher shall also have the right to effect any renewals of copyright provided by law and the right to any assistance from the Author or Author’s heirs, successors, or assigns, essential thereto.

IV. Author's Warranties and Indemnity
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Section IV: Author's Warranties and Indemnity
These warranties and indemnity are essential to ensure that neither you nor we are subjected to a third-party claim that publication of your Work infringes on the claimant’s personal or property right.

  1. The Author warrants to the Publisher and its licensees that he/she is the sole Author and proprietor of the Work; that he/she is the owner of all the rights granted to the Publisher, and has full power to enter into this agreement, and that said rights are not subject to any proper agreement, lien, or other claim or rights which may interfere with the rights herein granted; that the Work is original and not in the public domain; that it does not violate the right of privacy of any person or entity; that it contains no libelous, obscene, or other unlawful matter; and that it does not infringe upon the copyright or violate any other right of any person or party. The Author shall indemnify the Publisher and its licensees against and hold them harmless from any losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees, sustained by the Publisher or any licensee by reason of any claim or threatened or actual suit based on or asserting any allegations of fact or law inconsistent with the Author’s hereinabove warranties.
  2. If any such claim is made or suit threatened or instituted, the Publisher shall promptly notify the Author and may withhold payments due to the Author under this Agreement, until such suit has been settled or withdrawn. If a final adverse judgment is rendered and is not discharged by the Author, the Publisher may apply the payments so withheld to the satisfaction of such judgment.
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  1. In the event of any actual or threatened infringement of the copyright to the Work, the Publisher may employ such remedies as it deems advisable to protect the copyright. Author hereby authorizes the Publisher to make Author a co-plaintiff with the Publisher in any litigation that the Publisher may commence to protect the copyright. The Publisher shall bear the entire expense of such litigation. Any recovery there from shall be applied first to reimburse the Publisher for its expenses and the balance, if any, shall be divided between the Publisher and Author as follows: that portion based on actual damages shall be divided in proportion to the losses from such infringements suffered by each and that portion based upon the infringers’ profits, statutory damages or punitive damages shall be divided equally. If the Publisher elects not to undertake any claim, Author may do so, at Author’s own expense, and any recovery will belong to Author. The Author undertakes for himself/herself, his/her successors and assigns, to execute at any time, on request of the Publisher, any document or documents to confirm or continue any of the rights defined herein, and to take all proceedings necessary to assist the Publisher in enforcing copyright in the United States and elsewhere in the world.
  2. The provisions of this Section 4 shall survive the termination of this Agreement.

V. Revisions; Author’s Obligations
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Section V: Revisions; Author’s Obligations
Finalizing the editing and picking the cover art for your book – though filled with a lot of fun and creative processes – can take a long time, and the more time we have to make sure your work lives up to its full potential, the better. This is why it’s important that you hand in your work on the day we mutually agree on. You also need to be able to provide any additional materials and copyright permissions that we might need in order to stay on track.
Changes to the work: Inkitt greatly values the input of our authors, since they have an excellent understanding of the audience they are writing for. That’s why we make the author chief editor of the editing process. We want to give our authors 100% freedom with their creativity.

A.
. If the Publisher finds the manuscript and/or other materials incomplete or otherwise unsatisfactory, but the Publisher believes satisfactory revision or rewriting is possible, the Publisher shall provide Author with specific comments. It shall be in Author’s discretion to do such additional work as may be necessary to correct this condition to the satisfaction of the Publisher within a reasonable time period as mutually agreed between Author and Publisher, provided, however, that if Author refuses to make the revisions and/or rewriting requested by Publisher, Publisher may exercise its right to terminate this Agreement under Section 5(c).
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Title, Style, Formatting: Everybody makes mistakes, sometimes even autocorrect. Inkitt’s professional team is there to catch all the slipups. We always keep your book’s best interest in mind, so should we encounter any mistakes, we will suggest edits, and you can apply them if you like.
B.
The Publisher shall provide a copy of the copyedited manuscript to Author and Author shall have ten (10) days to return the manuscript to the Publisher with all necessary changes marked clearly and legibly. The Publisher also shall provide a set of proofs and finished artwork to Author. Any changes that Author makes at this point may be made only with the consent of the Publisher and must be limited to the substance of statements of fact and the corrections of typographical errors. Author shall pay for changes (other than the correction of the printer’s or Publisher’s errors) in and to the proofs in excess of ten percent (10%) of the cost of composition of the Work. If Author fails to return proofs within five (5) days after receiving the Publisher’s request therefor, the Publisher shall be free to proceed with publication of the Work. Author also shall reimburse the Publisher for all expenses caused by Author’s changes in and to the illustrations after illustration copy satisfactory to the Publisher has been incorporated in the Publisher's production planning and design.
C.
If Author fails to deliver the Work on a timely basis or if the Publisher finds the Work unsatisfactory and not easily susceptible of satisfactory revision, or if the Publisher provides Author with specific comments and Author either refuses to revise the Work in accordance with such comments or revises the Work, but the Publisher finds the revised Work unsatisfactory, the Publisher shall not be required to publish the Work and may terminate this Agreement. If the Work as defined in the preamble above consists of more than one book, a termination hereunder shall apply only to that book and shall not affect or derogate from Publisher’s right to publish any other book comprising the Work.
D.
Publisher may elect to have the Work reviewed by its counsel prior to publication, in which event the Author shall cooperate in the vetting process and shall make such changes in the Work as are requested by the Publisher’s counsel. Such vetting and any changes made as a result thereof shall not diminish the Author’s representations, warranties and indemnities under Section 4 of this Agreement. If Author fails to cooperate with counsel, or to make such changes that counsel deems necessary, the Publisher may terminate this Agreement.
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VI. Permissions; Supplemental Materials

The Author shall deliver to the Publisher, in form and content satisfactory to the Publisher and at the Author's sole cost and expense, all photographs, drawings, captions, maps, charts, tables, appendices, notes, bibliography, and other matters required by this Agreement (“Supplemental Materials”), and all necessary third-party permissions therefor granting to Author the same and all rights to use the Supplemental Materials that Author grants in the Work under this Agreement. Permissions shall cover all territories, rights, formats, versions and editions covered by this Agreement.

VII. Publication

  1. The Publisher shall publish the Work within eighteen (18) months of acceptance of the final manuscript. Publisher will distribute and sell the Work wherever the Publisher deems appropriate, including, without limitation, online or in hard copy.
  2. Publication shall be in such editions, formats, manner and style and at such price or prices as the Publisher may deem appropriate. Notwithstanding the foregoing, the Publisher shall consult in good faith with the Author concerning the cover art and other designs used in or on the Work, but the Publisher’s decision with regard thereto shall be final.
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    We listen carefully to our author’s wishes concerning cover art, and work hand in hand with the author and professional designers.
    Advertising and promotion, number and destination of free copies and all details of manufacture, imprint, design, including cover design, title, distribution, and promotion and publicity shall be at the sole discretion of the Publisher.
  3. If the Publisher fails to publish the Work or to cause the Work to be published within the 18-month period for reasons other than first serialization, book-club use, and if at any time thereafter the Publisher receives written notice from Author demanding publication, the Publisher shall, within sixty (60) days of its receipt of Author’s written demand, either publish the Work or revert to Author in writing all rights to the Work granted in this Agreement (subject to any outstanding licenses, which shall be assigned to Author, if permitted by the terms of such licenses) and such reversion of rights shall be full satisfaction of Publisher’s obligations to Author in such event.
  4. The Publisher shall give to Author ten (10) free copies of the Publisher’s first edition of the Work upon first publication, and shall at Author’s request, make available further copies at a discount of fifty percent (50%) from the Retail Price for Author’s own use and not for resale.

VIII. Advertising and Promotion; Distribution
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Section VIII: Advertising and Promotion; Distribution
This section gives you a detailed overview on all the suitable online platforms we’re going to be using to promote and advertise you and your work. All of which is tailored to making your book reach as many readers as possible and get you the spotlight you deserve.

  1. The Publisher shall have the right to use, and to license others to use, the Author’s name, image, likeness and biographical material for advertising, marketing, promotion, and any other uses of the Work and the other rights granted under this Agreement. Author expressly consents to the foregoing.
  2. The Publisher reserves the right to advertise the Work however it deems appropriate, including without limitation, via Amazon, Facebook, Twitter, Instagram, YouTube, forums, groups, review sites, magazines, etc. Publisher shall have the right to determine the time, place, method and manner of advertising, marketing, promotion and other use of the Work. Author expressly consents to the foregoing.
  3. If Publisher elects to publish the Work itself, as described in Section 10(ii) below, Publisher will allocate a minimum of Six Thousand U.S. Dollars ($6,000.00) marketing budget for an initial marketing campaign for the Work. Any additional marketing expenditures shall be in Publisher’s sole discretion.
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IX. Non-Competition
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Section IX: Non-Competition
We know that your mind is bursting with new ideas that you can’t wait to put to paper, but in certain cases your creativity could actually be harmful to the publication of your book. It’s easy to make your next big hit too similar to the first and have them in direct competition with one another. We believe in you and your work and want to help you reach the best possible outcome for it.

Author shall not publish, or cause or permit to be published, any written work on the same or similar subject matter as the Work that would compete with or would be reasonably likely to affect prejudicially the sales of the Work or the exploitation of any rights or subsidiary rights in the Work granted to the Publisher under this Agreement. Author will cooperate with and not interfere with Publisher’s distribution and sale of the Work herein specified,  provided, however, that nothing herein shall limit or restrict Author’s ability to pursue other works completely different from the Work published hereunder

X. Compensation to Author; Royalties Partner Licensing
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Section X: Compensation to Author; Royalties Partner Licensing
Finally what you were waiting for: royalties. In the contract we clearly state the percentages of all different editions, from paperback and electronic all the way to audio and performance- marketing editions. Inkitt’s number one drive is seeing our authors succeed, so we maximize the royalties to reflect your talent and hard work.

10.(i)
Royalty Licensing Sales.
Compensation will be paid to the Author pursuant to either of the two compensation schemes set forth under this Section 10: (1) “Royalty Sales” as set forth under Section 10(ii) below and/or (2) “Licensing Sales” as set forth under Section 10(iii) below
10.(ii)
Royalty Sales.
Publisher may publish itself and sell the Work directly as one of the following types of sales noted below in this Section 10(ii): hardcover editions, trade and/or mass-market paperback editions, electronic or e-book, editions, audio editions or Performance-Marketing Editions (these six (6) types of Publisher sales being “Royalty Sales”). So long as copyright protection subsists in the Work, the Author will earn the below royalties:

(a)
Hardcover Editions.On sales by the Publisher of copies of its hardcover editions of the Work, fifty-one percent (51%) of Net Revenue.
(b)
Paperback Editions. On sales by the Publisher of copies of its paperback and paper-over-board editions of the Work (other than mass-market paperback editions, which are covered in the next subparagraph), fifty one percent (51%) of Net Revenue.
(c)
Mass-Market Paperback Editions. On sales by the Publisher of copies of its mass-market (i.e., rack size) paperback editions of the Work, fifty one percent (51%) of Net Revenue.
(d)
Trade-Paperback Editions. On sales by the Publisher of copies of its trade paperback (i.e., a size and format the same as or similar to the hardcover edition) editions of the Work, fifty-one percent (51%) of Net Revenue
(e)
Electronic Editions. With respect to any exploitation of all or any portion of the Work in electronic media (including e-book) by or on behalf of the Publisher, a royalty equal to twenty-five percent (25%) of Net Revenue (except that if the exploitation is pursuant to a license of rights in print or electronic media, the Author will earn a share under Section 10(iii) below in connection with such license and no royalty will be payable under this Section 10(ii) in connection therewith).
(f)
Audio Editions. With respect to any exploitation of the Publisher’s audio editions by or on behalf of the Publisher or a licensee of the Publisher’s edition in physical media form, a royalty equal to ten percent (10%) of Net Revenue. With respect to any exploitation of the Publisher’s audio editions by or on behalf of the Publisher or a licensee of the Publisher’s edition in electronic media by means of transmission, uploading, downloading, streaming, broadcast or similar means or methods (but excluding delivery of the Audio Edition in physical media form, such as on a CD), a royalty equal to twenty percent (20%) of Net Revenue.
(g)
Performance-Marketing Editions. On sales by the Publisher of copies of Performance-Marketing Editions of the Work, fifty-one percent (51%) of the amount calculated after deducting the marketing costs associated with such sales from the Net Revenues generated by the sales.
(h)
Merchandising and Commercialization. On revenue generated by merchandising and commercialization of the Work, including games, fifty-one percent (51%) of Net Revenue.
(i)
All Other Editions. All other editions, versions and formats of the Work not expressly described above, including, without limitation, pursuant to the exercise of Selection Rights, Graphic-Book Rights and Sound-Reproduction Rights, fifty-one percent (51%) of Net Revenue.
10(iii).
Licensing Sales.
The Publisher may at any time, including after its own initial publication of the Work under Section 10(ii), license certain publication rights to others (“Licensing Sales”). With respect to any edition, format or version of the Work so licensed, the Author shall receive compensation pursuant to this Section 10(iii) in lieu of compensation under Section 10(ii):
a.
English language Book Publication Rights (including book club or similar organizations) when licensed for exercise in the United States, its territories and Canada (regardless of any additional territory granted): 51%
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b.
English language Book Publication Rights (including book club or similar organizations) when licensed for exercise solely outside the United States, its territories and Canada: 51%
c.
Motion Picture and Television; Dramatic Adaptation: 70%
d.
Merchandising and Commercialization, including games: 51%
e.
Graphic Book Rights 51%
f.
Translation: 75%
g.
Sound-Reproduction Rights 51%
h.
Selection Rights 51%

XI. Statements Payments
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Section XI: Statements Payments
You will get paid four times in a year, by check, wire or another easy payment method we mutually agree on in advance. Payment will be made based on the revenue Inkitt receives. Please see the contract for more.

  1. Payments to Author shall be paid quarterly (on a calendar year basis) within (30) thirty days following the end of the quarter (January through March payments will be sent in April; April through June payments will be sent in July; July through September payments will be sent in October; October through December payments will be sent in January, and so on) by check, wire or other means at Publisher’s discretion. The funds and accompanying statements will be emailed no later than the 25th of the payment month.
  2. . All other royalties or other sums accruing to the Author in accordance with the provisions of this Agreement shall be reported as of the accounting periods in which the Publisher receives them. All payments will be made based on monies actually received by the Publisher (i.e., not on an accrual basis).
  3. Whenever the Author has received an overpayment of monies under the terms of this Agreement (due to refunds or for any other reason), the Publisher may deduct the amount of this overpayment from any sums that may accrue to the Author under the terms of this Agreement. No payments will be paid on any copies of the Work sent for reviews, promotional purposes, advertising, or other similar purposes. No royalties or other payments will be paid on returned Works or editions licensed without fee, in Braille (or similar tactile symbols), or by audio recordings or visual recordings, solely for the blind and other physically handicapped persons.

XII. Termination Reversion of Rights
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Section XII: Termination Reversion of Rights

Sometimes even the best love stories end. Hopefully this will not happen to us, but just in case we need to set some ground rules, for both of us.

If Inkitt fails to sell more than 1,000 copies of your book during within the first year of the Publishing Date, you can cancel the contract after notifying us in writing and all of your rights will revert back to you.

  1. . Publisher may terminate this Agreement for convenience at any time by providing ten (10) days’ prior written notice to the Author.
  2. With respect to Royalty Sales only (and provided there are no Licensing Sales), Author may terminate this Agreement if Publisher fails to sell more than one thousand (1,000) copies within one (1) year from the Publishing Date. In such event, Author shall provide Publisher with at least thirty (30) days prior written notice to the Publisher.
  3. If, in any twelve-month period following the first year after the Publishing Date, the Publisher fails to sell in the aggregate (i.e., after combining sales from all editions, versions and formats) at least five hundred (500) copies of the Work, the Author may terminate this Agreement on 30 days’ prior written notice.
  4. . In the event of termination of this Agreement, the rights herein granted to the Publisher shall revert to the Author. Termination of this Agreement shall not deprive the Publisher of the right to receive its share of sums due from licenses or contracts granted by the Publisher prior to termination.
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XIII. Notices
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Section XIII: Notices
This is just a section for contact details for us to know where and how we can get in touch with you.

Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing, by email (provided receipt is confirmed by the recipient party hereto) or by regular mail, certified or registered and return receipt requested. If by regular mail, any such notices to the appropriate address set forth above, or such other address as a party may provide for notice in accordance with this Section.

XIV. Successors and Assigns; Assignment; No Authority
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Section XIV: Successors and Assigns; Assignment; No Authority
This part tells you that our deal applies to you, your heirs, and any other person you can pass or give your rights to. It also indicates that you can’t transfer the contract without our permission.

This Agreement shall be binding upon and inure to the benefit of the executors, administrators, and assigns of the Author and upon and to the successors and assigns of the Publisher. Author may not assign this Agreement without the express written permission of Publisher. Publisher may assign this Agreement at its discretion. Any purported assignment in breach of this Section 14 shall be null and void and of no effect.

XV. General Provisions

A.
Author does not have any right or authority to enter into any agreements on behalf of the Publisher or otherwise to bind the Publisher in any manner.
B.
The failure of either party to exercise any of its rights under this Agreement for a breach thereof shall not be deemed to be a waiver of such rights, and no waiver by either party, whether written or oral, express or implied, of any rights under or arising from this Agreement shall be binding on any subsequent occasion; and no concession by either party shall be treated as an implied modification of the Agreement unless specifically agreed in writing.
C.
No amendment of, addition to or modification of this Agreement, whether prior to, during, or after the term of this Agreement, shall be effective unless reduced to writing and signed by the parties hereto.
D.
In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining provisions or portions of this Agreement.
E.
This Agreement sets forth the entire agreement of the parties, and replaces and supersedes any previous agreement between the parties on the subject, whether oral or written, express or implied. Without limiting the foregoing, the Author acknowledges that the Publisher has not made any promise or representation regarding the compensation that the Author might receive under this Agreement.
F.
The Publisher shall not be responsible for the loss or damage to any property or materials submitted by Author, including, without limitation, Supplemental Materials. The Publisher is not the insurer of and is not obligated to insure the manuscript copy, Supplemental Materials or any other materials used in connection with the publication of the Work against physical harm such as loss, damage, theft, full or partial destruction, and shall be liable only for willful damage or injury thereto. Author shall keep backup electronic and hard copies of all such materials submitted to the Publisher.

XVI. Governing Law; Jurisdiction
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Section XVI: Governing Law; Jurisdiction
The contract is governed by New York law and any legal issues must be taken up in New York, NY, USA. Because NYC has been the center of U.S. publishing for 200 years, the NY courts have the deepest knowledge of the publishing industry.

This Agreement shall be interpreted and construed in accordance with the laws of the State of New York applicable to contracts made and to be entirely performed therein, without giving effect to New York’s choice-of-law rules or to any rule of construction that allows or directs that ambiguities be construed against the drafter of a contract. The state courts of the State of New York in and for New York County, and if the jurisdictional prerequisites exist, the United States District Court for the Southern District of New York, and no other court or tribunal, shall have sole and exclusive jurisdiction to hear and determine any dispute or controversy arising under or concerning this Agreement.  With respect to any such action or proceeding, each party hereto irrevocably (a) consents and submits to the personal jurisdiction of said courts, and (b) waives any defense of lack of personal jurisdiction and/or inconvenient forum and/or improper venue. Each party hereby consents to service of process upon him/her/it either personally or by registered or certified mail, postage prepaid, return receipt requested, at the addresses given above or in Section 13.

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