The Contract

Our Publishing Contract at a Glance

We decided to simplify our contract and make it accessible to the public
25% royalties on e-books, and if applicable,
5% royalties on episodical adaptations from Royalty Pool of all authors
You can cancel the contract if we don't
generate at least $1,000 in sales within a year
Professional cover design, and if applicable, audio and visual effects for episodical adaptations
Professional editing

INKITT PUBLISHING AGREEMENT
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PUBLISHING AGREEMENT

Welcome to the Inkitt Family! By signing this document you are agreeing to the terms laid out below.

Updated April 8, 2019

THIS INKITT PUBLISHING AGREEMENT (the “Agreement”) is made this ENTER DAY day of ENTER MONTH, ENTER YEAR (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 currently entitled ENTER TITLE (the “Work” or “Works”), and Publisher desires to publish the Work throughout the world and in any format and in any medium now known or hereafter created, 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:

1. Grant of Publishing Rights
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Section 1: Grant of Publishing Rights

In order to publish your novel effectively, we need the full rights to commercialize it.

If we haven't exploited Film, Television and/or Dramatic rights, or Game rights 10 years after the Publishing Date, you get your rights returned upon request.

We want to be able to offer you a good deal for the next work in the same series. If you submit your work and are not satisfied with our offer you are free to take it elsewhere.

  1. The Author hereby grants and assigns to the Publisher, its successors, representatives, and assigns, the sole and exclusive right to publish, distribute, sell, license and otherwise exploit the Work in any language in all editions, formats and versions and in any medium worldwide, now known or hereafter devised, during the entire copyright term and any renewal thereof. The foregoing grant of rights expressly includes but is not limited to, the sole and exclusive right to produce, publish, license or sub-license the rights hereunder and to distribute and sell the Work in all editions, versions and in formats, including, but not limited to, html, PDF, e-book, print (hardcover and mass-market and/or trade paperback), print-on-demand, graphic books and/or audio books, as well as through the exercise of the additional rights set forth under Section 1(B) below. The right to distribute and sell hereunder shall encompass all channels, outlets, media and platforms now known or hereafter coming into existence.
  2. The Author also grants to the Publisher the exclusive right to exercise itself or to license:

    • Book Publication Rights (as defined below);
    • Selection Rights (as defined below);
    • First-Serial Rights (as defined below) and reprint of selections and shortened versions in any magazine or newspaper before publication of the Work;
    • Second-Serial Rights (as defined below) and reprint of selections and shortened versions in any magazine or newspaper after publication of the Work;
    • Graphic Book Rights (as defined below);
    • recording and photographic reproduction of all or part of the text;
    • Audio Rights Sound-Reproduction Rights (as defined below);
    • Film Rights, Television Rights and Dramatic Rights (each, as defined below);
    • Game Rights (as defined below)in all print and electronic formats based on or derived from the Work;
    • Ancillary/Commercialization/Merchandising Rights (as defined below);
    • licensing of book-club editions;
    • reproduction of the text for the physically handicapped (including, without limitation, Braille and large print);
    • Translation Rights (as defined below);
    • Episodical Adaptation Rights (as defined below); and
    • any other rights incidental and attendant to and necessary for Publisher (in its determination) to fully exploit the exclusive rights in the Work granted herein.
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  1. The Publisher shall not be obligated to exploit the rights granted hereunder. However, if Publisher fails to sell, license or otherwise exploit any of the (i) Film, Television and/or Dramatic rights, or (ii) Game Rights within ten (10) years after the Publishing Date (as defined below) (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 (the “Reversion Demand”). If Publisher fails to sell, license or otherwise exploit the Unexploited Right within six (6) months after receipt of such Reversion Demand (the “Reversion Cure Period”), without Publisher being hindered, constrained or otherwise impeded in its exploitation of the Unexploited Right by the Author’s actions or third party actions, based on or arising from allegations that, if proved, would constitute a breach of any of the Author’s representations and warranties under Section 4 (collectively “Impediments to Exploitation”), the requested Unexploited Rights shall automatically revert to Author. Any Impediment to Exploitation shall extend the Reversion Cure Period so long as it remains in effect. Any reversion shall apply only to the Unexploited Right that is the subject of Author’s express Reversion Demand, and shall not affect any other right granted to Publisher under Sections 1(A) and 1(B) of this Agreement.
  2. The Author grants to the Publisher the option to acquire the sole and exclusive right to publish the Author’s next Serial Work (as defined below) each based on a reasonably detailed outline, subject to the terms and conditions set forth in this Section 1 (C) (the “Option”). The Author shall submit a reasonably detailed outline of any Serial Work to the Publisher before offering or submitting the same to any other party. The Publisher shall have a period of forty-five (45) days after such submission, or ninety (90) days after the Publishing Date (as defined below) of the immediately preceding Work hereunder, whichever is later (the “Option Period”), to negotiate in good faith with respect to the terms of an agreement to publish any such Serial Work. During the Option Period (including any extensions agreed upon in writing by the Parties) 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 of the next or subsequent Serial Work within the Option 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 in writing the opportunity to acquire the Serial Work on the same material terms offered by such other party (“Right of First Refusal”). If the Publisher fails to exercise the Right of First Refusal within thirty (30) days after notice by the Author setting forth all the material terms offered by the third party that Publisher is expected to match (the “First Refusal Period”), the Author shall be free to contract with the other party for the Author’s next Serial Work without further obligation to the Publisher respecting the Author’s next Serial Work (but preserving the Publisher’s Option and Right of First Refusal for any subsequent Serial Works). Should there be, through no fault of Publisher, any impediment for the Publisher to exploit the Option or, including but not limited to third party actions based on or arising from allegations that, if proved, would constitute a breach of any of the Author’s representations and warranties under Section 4 (collectively “Impediments to Exercise”), the Option Period and/or First Refusal Period shall be extended for the duration of such Impediment.
  3. 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.
  4. Nothing contained in this Section 1 shall be construed as limiting, modifying or otherwise affecting the general grant of rights or any specific right provided to the Publisher under this Agreement.

2. Definitions.
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Section 2: Definitions

Come back here to find the definition of any terms you're unclear about throughout the contract. From rights to revenue, we've got clear explanations for you here.

Definitions used throughout the Agreement that are not expressly defined in other Sections are defined below in this Section 2:
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“Ancillary/Commercialization/Merchandising Rights” means the right to adapt or use the Work, or any part thereof or any characters therein, as or on products or as logos or trademarks for products, including but not limited to the production, sale and license of character models. “Audio Rights Sound-Reproduction Rights ” means the right to create, to publish and to use the Work, in full-length or in abridged, condensed or adapted form, in non-dramatic readings and non-dramatic sound recordings for all mechanical, electronic, visual and sound reproduction technologies now known or hereafter invented, together with introductory, concluding, transitional and narrative material, as well as synchronized 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”).

“Book Publication Rights” means the exclusive right to publish the Work in any print book format (including, but not limited to, hardcover and mass-market and trade paperback), as well as to publish in any other edition, format, or version described in Section 1.

“Dramatic Rights” means the right to adapt or use the Work, or any part thereof or any characters therein, for any dramatic production or stage performance.

““Episodical Adaptation Rights” means the sole and exclusive right to adapt and produce the Work for distribution in episodes via mobile devices and other platforms in an app and other formats at the Publisher’s sole discretion.

“Film Rights” means the right to adapt or use the Work, or any part thereof or any characters therein, for a motion picture or animated film, whether for theatrical or other distribution by any means now or hereafter known (including, without limitation, streaming to computers, tablets and phones, and via mobile applications).

“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.

“Game Rights” means the right to make games adapted from the Work, including games that may be based on the principal characters, the fictional setting/world and/or events, including but not limited to tabletop and board games and electronic games, including video games and mobile applications.

“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 vignettes and 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 where needed). 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 and to otherwise alter the Work, its characters, title, and fictional world as the Publisher deems fit for adaptation and marketing in such medium.

“Net Revenue” means the revenue actually received by Publisher from Royalty Sales or Licensing Sales, as applicable.
“Performance Marketing Sales” means the sale of any edition of the Work (including, without limitation, hardcover, trade and mass-market paperback, electronic or ebook, or audio editions) directly or indirectly through any method of performance marketing now or hereafter known, including, but not limited to, Facebook Ads, Outbrain Ads, Bookbub Ads, Twitter Ads, Amazon Ads, etc., or through marketing to customer contacts acquired by means of performance marketing.

“Publishing Date” means the date on which Publisher first receives any Net Revenue hereunder.
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“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, anthologized, omnibus, adapted, bundled and/or abridged English-language and foreign-language versions of the Work, to publish and to use those versions; (ii) to use any portion of the 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 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).

“Serial Work” means any full-length work that continues, is based on or is derivative of the story or subject matter of the Work, including, without limitation, a prequel or sequel, or that uses or adapts the principal characters of the Work or utilizes different characters within the same fictional world created by the Work.

“Translation Rights” means the rights to (i) translate the Work into languages other than English and to exploit any such translation with the full array of the grant of rights provided to the Publisher under Section 1 and to (ii) provide Publisher with the ability to translate any work derived from the Publisher’s exploitation of any of the grant of rights under Section 1. Such Translation Rights shall include but not be limited to the right 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.

“Television Rights” means the right to adapt or use the Work, or any part thereof or any characters therein, for a television production, whether for broadcast, cablecast, satellite, over-the-top or other distribution by any means now or hereafter known (including, without limitation, on-line streaming and via mobile applications whether or Publisher’s site or through third party sites).
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3. Copyright
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Section 3: Copyright

You will keep the copyright to your work. Don't worry if you're not already registered - we'll take care of that for you.

The Author shall own the copyright in the Work, including without limitation in any scripts and episodes derived from the Work in the exercise of Episodical Adaptation Rights, and such copyright, 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 in its discretion 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.

4. Author's Representations and Warranties and Indemnity
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Section 4: Author's Representations and Warranties and Indemnity

You'll have to pinky promise that your work is original, was written 100% by you, and the rights don't belong to anyone else.

If your copyright is threatened in any way, we will work together to protect your rights.

  1. The Author represents and 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 agreement, lien, or other claim or rights that may interfere with the rights herein granted; that the Work is original and not in the public domain, except with respect to matter for which the Author has supplied permissions pursuant to Section 6; that it does not violate the right of privacy of any person or entity; that it contains no libelous, obscene, or other unlawful matter; that it does not infringe upon the copyright or violate any other right of any person or party; and that any permissions supplied to Publisher pursuant to Section 6 is valid to convey the rights they purport to convey. The Author shall indemnify the Publisher, including its officers, directors and shareholders, and the Publisher’s licensees (collectively, “Indemnitees”) against and hold them harmless from any losses, liabilities, damages, costs and expenses, including reasonable attorney’s fees (collectively, “Claims”), sustained by any Indemnitee 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 representations and warranties herein.
  2. If any Claim is made or suit threatened or instituted against any Indemnitee, 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.
  3. 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 the Author a co-plaintiff with the Publisher in any litigation that the Publisher may commence to protect the copyright. In the event Publisher decides not to make Author a co-plaintiff, Author will nevertheless be obligated to cooperate with Publisher in its litigation, including but not limited to providing documents or testimony. The Publisher shall bear the entire expense of such litigation provided that if the Author selects its own legal counsel to represent it in the litigation the Author shall bear the cost of such legal counsel. Any recovery from any litigation (whether or not Author is a co-plaintiff) 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 (with the exception of attorney fees) or punitive damages shall be divided equally. If the Publisher is offered a reasonable settlement at any time before or during any litigation and the Author as co-plaintiff refuses any such settlement, the Author shall bear all costs and expenses of litigation following such refusal by the Author. 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.
  4. The provisions of this Section 4 shall survive the termination of this Agreement
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5. Revisions; Author’s Obligations
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Section 5: Revisions; Author’s Obligations

You will have complete creative liberty with your work. While our copyeditors or proofreaders may make suggestions, you will have final say. After all -- no one knows your story better than you do.

Sometimes even the best love stories come to an end. This shouldn't happen to us, but if there is a disagreement that can't be resolved, the contract can be terminated. If this occurs your rights will be promptly returned.

  1. 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.
  2. 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. If Author fails to return such copyedited manuscript 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.
  3. 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 the 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 the Publisher’s right to publish any other book comprising the Work.
  4. The 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 the Author fails to cooperate with counsel, or to make such changes that counsel deems necessary, the Publisher may terminate this Agreement.
  5. With regard to any scripts created in the Publisher’s exercise of Episodical Adaptation Rights, the Publisher may engage other writers to write further episodes in the series using the Work’s title, plot, theme and characters, provided that Author shall own the copyright in all such episodes. Regarding episodes written by other writers, Author shall have the right to approve such episodes, such approval not to be unreasonably withheld, and provided that Author’s failure to respond to Publisher’s request for approval of an episode within five (5) business days after receipt from Publisher shall be deemed an approval.

6. Permissions; Supplemental Materials
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Section 6: Permissions; Supplemental Materials

If there are any fun add-ons that go along with your book such as maps, photos etc. those materials will be included as part of work and the same terms will apply.

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 the Author grants in the Work under this Agreement. Permissions must cover all territories, rights, formats, versions and editions.

7. Publication
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Section 7: Publication

Our publishing process generally takes between 8-12 weeks from signing date to publication date. In the rare case that this schedule is not followed, we promise to publish your book within 18 months of receiving your final manuscript (granted there are no hiccups outside of our control). If we don't - you can have your rights back!

You'll get 10 free print copies of your book to show off. If you want additional copies to put on your bookshelf or give to friends and family you'll get a 50% discount.

  1. The Publisher shall publish the Work within eighteen (18) months of acceptance of the final manuscript unless impeded by the Author’s actions or third party actions based on or arising from allegations that, if proved, would constitute a breach of any of the Author’s representations and warranties under Section 4 (including but not limited to any claims of infringement or similar claims) (the “Impediments” or “Impediment”), Any Impediment shall extend the period for publication as long as it remains in effect and impedes the Publisher from being able to publish the Work. The Publisher may distribute and sell the Work wherever the Publisher deems appropriate in its exclusive
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  1. 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, and the Publisher shall endeavor to implement the Author’s wishes to the greatest extent possible consistent with good marketing considerations. All details of manufacture, imprint, design, including cover design, title and distribution otherwise shall be in the Publisher’s sole discretion.
  2. 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 or Impediments, and if at any time thereafter the Publisher receives written notice from the Author demanding publication, the Publisher shall, within sixty (60) days of its receipt of the Author’s written demand (extended by the period during which any Impediment is in effect during this period), either publish the Work or revert to the Author in writing all rights to the Work granted in this Agreement (subject to any outstanding licenses, which shall be assigned to the Author, if permitted by the terms of such licenses) and such reversion of rights shall be full satisfaction of the Publisher’s obligations to the Author in such event.
  3. The Publisher shall give to the Author ten (10) free copies of the Publisher’s first edition of the Work upon first publication, and shall at the Author’s request, make available further copies at a discount of fifty percent (50%) from the current retail price for the Author’s own use and not for resale.
  4. The Publisher shall give to the Author ten (10) free copies of the Publisher’s first edition of the Work upon first publication, and shall at the Author’s request, make available further copies at a discount of fifty percent (50%) from the current retail price for the Author’s own use and not for resale.

8. Advertising and Promotion; Distribution
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Section 8: Advertising and Promotion; Distribution

You will need to trust us to market both you and your book where and how we think is best. Remember we are playing for the same team and want to make your book as big as possible.

  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. The 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. The Publisher shall have the right to determine the time, place, method and manner of advertising, marketing, promotion and other use of the Work, including, without limitation, the number and destination of free copies. The Author expressly consents to the foregoing.

9. Non-Competition
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Section 9: Non-Competition

For 1 year after the Publishing Date you agree not to publish a work that competes directly with this one. It is easy to make your next big hit too similar to your first and have them fighting for attention - nobody wants that!

This does not apply to any book with different subject matter than the one we are publishing.

If you're unsure if this applies to something you're working on, just ask. We won't bite.

Within one (1) year after the Publishing Date hereunder, the 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. The Author shall cooperate with and not interfere with the 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. The Publisher shall be entitled to all remedies available at law or in equity for a breach of this Section 9, including, without limitation, the right to seek injunctive relief, without the posting of a bond or other security.


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10. Compensation to Author; Royalties Partner Licensing
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Section 10: Compensation to Author; Royalties Partner Licensing

Royalty and Licensing sales percentages are listed below for each individual edition. From paperback sales, to film adaptation - it's all here.

Below is a graph to help better visualize sub-section i. Episodical Adaptations.

  1. Royalty Licensing Sales: In full compensation for the rights granted to Publisher herein, compensation will be paid to the Author pursuant to either of the two exclusive 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
  2. Royalty Sales: The Publisher may publish itself and sell the Work directly as one of the following types of sales noted below in this Section 10(ii): (these Publisher sales being “Royalty Sales”). So long as copyright protection subsists in the Work, the Author will earn the below royalties:
    1. Hardcover Editions: On sales by the Publisher of copies of its hardcover editions of the Work, fifty-one percent (51%) of Net Revenue.
    2. Paperback Edition: 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 less the Publisher’s direct unit production costs.
    3. 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 less the Publisher’s direct unit production costs.
    4. 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 less the Publisher’s direct unit production costs.
    5. 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).
    6. 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. Notwithstanding anything to the contrary in the foregoing, however, if an Audio Edition is included in an Episodical Adaptation, Section 10(ii)(i) shall govern the calculation of the royalty payable to the Author in lieu of this Section 10(ii)(f).
    7. Performance Marketing Sale:. 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.
    8. Merchandising and Commercialization On revenue generated by merchandising and commercialization of the Work, including games, fifty-one percent (51%) of Net Revenue.
    9. Episodical Adaptations. The Work’s pro rata share of five percent (5%) of Net Revenue received by Publisher from user readings of episodes of all author works (the “Royalty Pool”). The Work’s pro rata share of the Royalty Pool shall be calculated by dividing all user readings of all episodes of the Work each month by the total number of user readings of all episodes of all author works in that month. By way of example, if in a month 2,000 users each reads 15 episodes of the Work, constituting 30,000 readings in total, and 5,000 users each reads 30 episodes of all author works, for a total of 150,000 user readings in total, the Author’s royalty hereunder would be twenty percent (20%) of the Royalty Pool, namely, 30,000/150,000 times the Royalty Pool for that month.
    10. All Other Edition: 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.
    11. Sound-Reproduction Rights, fifty-one percent (51%) of Net Revenue.
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  1. 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):
    1. 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): 85%
    2. English language Book Publication Rights (including book club or similar organizations) when licensed for exercise solely outside the United States, its territories and Canada: 85%
    3. Film and Television; Dramatic Adaptation: 70%
    4. Merchandising and Commercialization, including Games Rights: 51%
    5. Graphic Book Rights 51%
    6. Translation: 85%
    7. Audio Sound-Reproduction Rights 51%
    8. Selection Rights 51%
    9. First-Serial Rights 80%
    10. Second-Serial Rights 51%

11. Statements Payments
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Section 11: Statements Payments

You will get paid 4 times a year and payments will be made based on the revenue we've received.

  1. Payments to the 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 the Publisher’s exclusive discretion. The funds and accompanying statements will be emailed no later than the 25th of the payment month. The Author shall be solely responsible for any and all applicable taxes that may be due on their payments.
  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).
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  1. 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, or may demand repayment from the Author on thirty (30) days’ written notice. 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), large print or by audio recordings or visual recordings, solely for the blind and other physically handicapped persons.
  2. With respect to any editions in print format, the Publisher may maintain against any royalties payable to the Author a reasonable reserve for anticipated returns.
  3. Publisher is only liable to account to Author if Publisher is paid any such Royalty Sales and/or License Sales in any applicable quarter. Publisher shall use commercially reasonable efforts to collect unpaid Royalty Fees and License Fees, but the Publisher’s failure to collect in any instance shall not be a breach of this Agreement.

12. Termination Reversion of Rights
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Section 12: Termination Reversion of Rights

If we decide to terminate this contract we will give you a minimum of 10 days notice.

We promise to generate at least $1,000 in sales in the first year. If we don't meet that guarantee, you can end the contract and rights will be returned to you.

  1. The Publisher may terminate this Agreement for convenience at any time by providing ten (10) days’ prior written notice to the Author.
  2. If, in any twelve-month period following the first year after the Publishing Date, the Publisher fails to receive at least One Thousand U.S. Dollars ($1,000.00) in Net Revenue from aggregate sales (i.e., combining sales from all editions, versions and formats) of the Work (“Aggregate Sales”), the Author may request in writing the reversion of all rights granted hereunder
  3. In the event of an Author request for reversiontermination of this Agreement, the rights granted herein to the Publisher shall revert to the Author and this Agreement shall terminate three (3) months after Publisher’s receipt of Author’s written request for reversion,, subject to any licenses of rights theretofore granted by Publisher, unless within said three-month period the Publisher receives at least One Thousand U.S. Dollars ($1,000.00) in Net Revenue from Aggregate Sales, in which event such rights shall not terminate and this Agreement shall remain in force and effect. . 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.

13. Notices
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Section 13: Notices

Any important information or notices will be communicated in writing.

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.

14. Successors and Assigns; Assignment; No Authority
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Section 14: Successors and Assigns; Assignment; No Authority

This contract applies to you, your heirs and any other person you can pass or give the rights to. You are however unable to transfer the contract or make another agreement with someone else without telling us about it first.

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. The Author may not assign this Agreement without the express written permission of Publisher. The 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.

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15. General Provisions
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Section 15: General Provisions

The agreement reigns over all written and verbal agreements that happened prior to this one. It can only be changed if we both agree in writing.

Practice safe publishing - always keep backup electronic and hard copies of your work.

  1. The 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.
  2. 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.
  3. 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.
  4. In the event one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, such clause or clauses shall be severed from this Agreement and shall not affect the validity of the remaining provisions or portions of this Agreement.
  5. 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 that is not otherwise expressed within the terms of this Agreement.
  6. 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 and takes sole responsibility for any loss to their Work and Supplemental Materials thereof.
  7. Headings are for convenience of reference only and shall not be considered a part of this Agreement.
  8. This Agreement shall be construed according to its fair meaning and both Parties shall be deemed to have negotiated and drafted this Agreement.
  9. This Agreement may be executed simultaneously in counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same agreement. Delivery of an executed signature page to this Agreement by electronic transmission shall be as effective as delivery of a manually signed counterpart of this Agreement.
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16. Governing Law; Jurisdiction
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Section 16: Governing Law; Jurisdiction

The contract is governed by New York law and any legal issues must be taken up in New York, NY, USA.

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 16.

17. Limitation of Liability.
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Section 17: Limitation of Liability.

We are only liable for damages that arise if we breach the contract.

IN NO EVENT SHALL PUBLISHER BE LIABLE TO THE AUTHOR UNDER THIS AGREEMENT FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF OPPORTUNITIES, LOSS OF DATA, LOSS OF USE DAMAGES, OR ANY DAMAGES ARISING IN TORT.

18. Survival.
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Section 18: Survival.

If this contract is terminated, your rights will revert back to you. Any warranties and representations will survive the termination.

The Author’s representations and warranties shall survive any termination of this Agreement. Any pre-termination licenses granted to third parties shall survive any termination of this Agreement and continue in accordance with their terms. The Publisher’s share to any Royalty Sales shall continue in accordance with this Agreement to any books that remain in the market after any termination of this Agreement and the Publisher’s share of any License Fees shall continue in accordance with the continuation of any pre-termination licenses granted to any third parties. Notwithstanding the foregoing, any terms of this Agreement that would operate after termination according to their terms shall survive any termination of this Agreement in accordance with their terms.

19. Confidentiality.
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Section 19: Confidentiality.

The financial details of this contract should stay between us. You may of course share them with your spouse or partner, attorney and accountant, but it is a private contract between you and us that shouldn't be shouted from the rooftops.

The Author agrees to maintain the confidentiality of the financial and economic terms of this Agreement and shall disclose those terms only to his or her spouse and/or domestic partner, attorney and accountant. Additionally, the Author agrees to maintain the confidence of the Publisher’s “Confidential Information” that he/she may be provided access to or otherwise discover, which shall be deemed to be any creative, business, financial, technology and any other non-public proprietary information of the Publisher, which shall expressly include but not be limited to the Work, any Supplemental Materials thereto and any outline of any next Serial Work. Nothing herein shall prevent Author from disclosing the Confidential Information of the Publisher or this Agreement where legally obligated to do so by subpoena, court order or government investigation. In the event Author receives a legal order or request for the Confidential Information of the Publisher, including but not limited to the Work and Supplemental Materials thereto, Author shall (i) provide the Publisher with prompt written notice of such order or request so that the Publisher may properly object to the disclosure of its Confidential Information and (ii) not disclose such Confidential Information until there is a decision regarding the Publisher’s objection. The Parties may disclose this Agreement in any action to assert their respective rights hereunder.

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