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

Updated Dec 24, 2016

THIS INKITT PUBLISHING AGREEMENT (the “Agreement”) is made on the ____ day of ________, 2016 (the “Effective Date”), by and between Inkitt GmbH (the “Publisher”) and [Enter Author’s Name/Entity] (the “Author,” which term shall be deemed to include the Author's executor, devisees, heirs, and literary assigns).

The Author desires the Publisher to publish the Author’s work titled [Enter Author’s Name/Entity], (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. Publisher’s Duties
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Section I: Publisher Duties
Let’s start with a summary of what the Inkitt promise does for you. First and foremost, we are going to publish your book. In addition to that, we will also edit it, work with you to design a professional cover for it, provide professional marketing and a minimum budget of $6000 to promote it. Finally, if we do not sell at least 1000 copies of your novel in the first year, you are allowed to put an end to your contract and get your rights back. Throughout all this, we promise not to change the original concept of your work.

  1. Publisher will allocate a minimum of six thousand (6,000) dollars marketing budget into the Work for an initial marketing test, as described in Section VIII.
  2. Publisher will provide a professional cover art and revise and edit the Work as they deem appropriate, with Author's previous consultation, as described in Sections V, VI and VII. Publisher agrees that the Author’s original concept of work is not materially altered without Author’s consent.
  3. The Inkitt promise: Publisher commits to selling at least one thousand (1,000) copies of the Work within one (1) year from the Publishing Date. If Publisher cannot fulfil this commitment, Author is entitled to terminate this agreement, as described in Section XII.

II. Grant of Publishing Rights
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Section II: Grant of Publishing Rights
In order to publish your novel effectively we need the full rights to commercialize it. We also reserve the right to match the offers of other publishers for further parts of your series. This means that if another publisher offers you a better deal, we can try to match their offer in order to keep you as a part of the Inkitt family.

  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: reprint of the entire Work and of selections and shortened versions in anthologies and other volumes; first serial rights and reprint of selections and shortened versions in any magazine or newspaper; second serial rights and reprint of selections and shortened versions in any magazine or newspaper recording and photographic reproduction of all or part of the text;
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dramatic (stage, radio, television, motion picture) commercial visual and/or sound presentation, reproduction, recording; developing or licensing for use in all other mechanical or electronic visual and sound reproducing rights of the Work now known or later invented; and reproduction of the text for the physically handicapped.
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Author additionally grants to Publisher the right of first refusal on manuscripts in the same series as the Work, or those that could be identified as part of a themed series (a “Series”). The Author shall offer first said work to the Publisher. Within sixty (60) days The Publisher will determine whether to publish the next work; if so, shall offer the Author the same conditions as the ones established herein for the first work. In case the Author receive an offer by another publishing company for the sequel, shall promptly notify in writing of such offer. Within thirty (30) days, the Publisher shall have the right to match said offer. If Publisher is not able to match that offer or decide to reject the next work, then the Author shall be free to offer the said sequel to others.
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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.

III. Copyright
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Section III: Grant of Publishing Rights
In order to prove that the content of the book and all its other parts are originally yours we need to be sure that it gets registered for copyright. We leave it up to you to decide if you would like to do this yourself or if you would like us to do it on your behalf.

Copyright of the Work, if not heretofore registered, may be registered by the Publisher, upon first publication, in a timely manner in the name of the Author, in the United States and in such other countries as the Publisher deems feasible or desirable, and the proper copyright notice or notices necessary to protect copyright to and in any Work shall be printed 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
We want to make sure that no one else can stake any claim on your work. We also need to be certain that no one else’s intellectual property is harmed by our publishing efforts.

  1. The Author warrants to the Publisher and its licensees that she/he 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 agrees to fully indemnify and to hold the Publisher harmless against any damages, including attorney's fees, sustained (threatened or actual) in any suit involving the Publisher or its licensees by reason of a violation of any of these warranties.
  2. If any such suit is 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 a judgment. 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 enforce copyright in the United States and elsewhere in the world.
  3. The provisions of this Section IV shall survive the termination of this Agreement.
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V. Revisions and Submission of the Work; Permissions
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Section V: Revisions and Submission of the Work
The early bird always gets the worm. Editing and cover design can be long processes and the more time that we have to make sure that your novel is the best it can be, the better. This is why it’s important that you hand your work in on the day you promised. You also need to give us any other materials and copyrights that we might need.

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Upon being selected by Publisher, the Author agrees to permit Publisher to design the cover of the Work and further revise and edit the Work as determined by Publisher (the “Revised Work”). Author agrees to submit to the Publisher one (1) copy of the Revised Work, in content and form satisfactory to the Publisher, on or before [Month/Date], [Year], (the “Submission Date”). Whenever Author does not submit the Work in form or time, Publisher shall send a notification to the Author. Upon receival of this notification the Parties will have fourteen (14) calendar days to resolve the dispute amicably or to set a new Submission Date, otherwise Publisher may terminate this agreement for a case of non-performance.
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The Author shall also deliver to the Publisher, no later than the Submission Date unless otherwise designated by the Publisher, each of the following materials: The Author shall deliver to the Publisher, at the Author’s sole expense, written authorizations and permissions for the use of any copyrighted or other proprietary materials (including but not limited to art and illustrations) owned by any third party which appear in the Work and written releases or consents by any person or entity described, quoted or depicted in the Work (the “Permissions”). If the Author does not deliver the Permissions, the Publisher shall have the right, but not the obligation, to obtain such Permissions on its own initiative, and the Author shall reimburse the Publisher for all expenses incurred by the Publisher in obtaining such Permissions.

VI. Changes to the Work
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Section VI: Changes to the Work
Inkitt greatly values the input of our authors since they tend to have a good understand of the audience that the are writing for. That’s why we always take the author’s feedback on edits and cover design for their novels into consideration along with the data collected from our own tests and market research. We promise not to make any fundamental changes to your work without your consultation.

Publisher retains the right to edit and revise the Work for any and all uses described under this Agreement, provided that Author’s original concept of work is not materially altered without Author’s consent. Author understands such changes are necessary for the overall improvement of the Work. Whenever Author does not submit the Work in form on time or if the work does not meet Publisher’s minimum standard of quality, Publisher shall send a notification to the Author. Upon receival of this notification the Parties will have fourteen (14) calendar days to resolve the dispute amicably or to settle a new Submission Date, otherwise may cause the termination of this agreement for a case of non-performance.

VII. Title, Style, Formatting
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Section VII: Title, Style, Formatting
Everybody makes mistakes sometimes, even autocorrect. Inkitt’s professional team is there to catch all the slipups. We always keep your books best interest in mind, so if there are any disagreements you can rest assured that we will make the right decision for your work. Remember, we won’t ask you to change its original concept.

  1. After consultation with the Author, the Publisher shall have the option to publish and re-publish the Work at its own expense in such format and style, cover or covers, manner, advertisement, and at such price, and under whatever determined titled, as Publisher deems suitable.
  2. When Publisher and his professional team deems it appropriate to make editorial changes or deletions in the Work, they shall always consult with the Author prior to publication. Whenever the Parties cannot agree on the changes or deletions, Publisher will make a final decision concerning the discussed subject.
  3. Publisher will provide the cover art with Author's prior consultation. The Publisher will endeavor to preserve the title desired by the Author. A change of title of the Work does not void this Agreement. Whenever the Parties cannot agree on the cover art or title, Publisher will make a final decision concerning the discussed subject.

VIII. Advertising and Promotion; Distribution
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Section VIII: Advertising and Promotion; Distribution
This bit explains that you need to trust what we are doing and gives us the right to market your book on any platform that we think is suitable. After all, we are in the same boat here, 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, 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. Publisher shall have the right to determine the time, place, method and manner of advertising, promotion and other use of the Work. Author expressly consents to the foregoing. Publisher also reserves the right to advertise and distribute anywhere the Publisher deems appropriate such as: Amazon, Facebook, Twitter, Instagram, YouTube, forums, groups, review sites, magazines, etc.
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Publisher will distribute and sell the Work where the Publisher deems appropriate, online or in hard copy. Solely with respect to Inkitt Sales, as defined in Section X, Publisher will allocate a minimum of six thousand (6,000) dollars marketing budget into the Work for an initial marketing test, and thereafter potentially an additional budget depending on the success of the Work.

IX. Competing Works
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Section IX: Competing Works
We know that your mind is bursting with story ideas you can’t wait to put to paper, but in certain cases this could actually be harmful towards 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 each other. We love your novel and want to be sure that you are 100% committed to making it a success and giving it a chance to shine.

The Author agrees that during the term of this Agreement, Author will not interfere with, nor prepare or cause to be prepared or published in Author’s name or otherwise, any work that may interfere with Publisher’s distribution and sale of the Work herein specified.


X. Compensation to Author; Royalties
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Section X: Compensation to Author; Royalties
Finally what you were waiting for: royalties. You can make money from your book in 2 different ways. If Inkitt publishes you, you will get 25% of the net revenues and Inkitt will pay for all expenses, like: cover design, editing, and marketing costs. If Inkitt and another publisher (such as HarperCollins, Hachette, Penguin Random House, Simon & Schuster, or MacMillan) partner to publish your book, you will get 85% of the net revenues that Inkitt receives.

Royalties shall be paid to the Author as follows:
  1. There are two (2) potential royalty channels (based on “Inkitt Sales” and based on “Partner Sales,” each as defined below) that would result in compensation to Author:
    1.1
    Inkitt Sales: Publisher will endeavor to self-publish and sell the Work directly (“Inkitt Sales”). Publisher will pay Author a royalty of twenty-five percent (25%) of the Publisher's Net Revenues (as defined below) resulting from Inkitt Sales.
    1.2
    Partner Sales: Publisher can also pitch the Work to A List Publishers (as defined below) and other publishing companies whose primary business is the sale of books (collectively, “Publishing Companies”). If Publisher is successful in executing a publishing deal pursuant to a duly signed written agreement with any Publishing Company with respect to the Work (“Partner Sales”), then Publisher will pay Author a royalty of eighty five percent (85%) of the Publisher's Net Revenues (as defined below), for revenues received under the applicable Partner Sales;
  2. Definitions:
    2.1
    “A List Publisher” as used in this Agreement, means any of the following publishers: HarperCollins, Hachette, Penguin Random House, Simon & Schuster and MacMillan.
    2.2
    “Net Revenues,” as used in this Agreement, means revenue actually received by Publisher from Inkitt Sales or Partner Sales, as applicable (for the sale of copies of the Work or right(s) in or to the Work).

XI. Statements & Payments
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Section XI: Statements & Payments
You will get paid 4 times in a year, by check, wire or another easy and seamless method. Payments will be made based on the revenue Inkitt makes. If you receive an overpayment, we will subtract its amount from the next payments.

  1. Royalties shall be paid quarterly (on a calendar year basis) within thirty (30) 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 cheque, wire or other means at Publisher’s discretion. The funds and accompanying statements will be emailed no later than the twenty fifth (25th) day 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).
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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 royalties will be paid on any copies of the Work sent for reviews, promotional purposes, advertising, or other similar purposes. No royalties will be paid on returned Works.

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. If you do not fulfil your side of the bargain, or if we feel it’s necessary for any other reason, Inkitt is allowed to put an end to the Agreement. If, for whatever reason, the relationship ends, we will give you ten days advanced notice in writing. And remember our promise: If you are only partnered with Inkitt, and we don’t sell 1000 copies the first year, you are allowed to cancel your contract and will retain the rights to your intellectual property.

  1. If the Author violates or does not fulfill any of the rights granted in this Agreement in form required, Publisher has the right to terminate this Agreement by so informing the Author by letter sent by trackable mail to the address of the Author set forth below. In the same line when Publisher deems imperative and/or necessary, he may also terminate this agreement in any moment by providing ten (10) days prior written notice to the Author by trackable mail.
  2. With respect to Inkitt Sales only (and provided there are no Partner Sales), Author may terminate this Agreement if Publisher cannot sell more than one thousand (1,000) copies within one (1) calendar year from the Publishing Date. “Publishing Date” means the date on which Publisher first receives any Inkitt Sales hereunder, if at all. In such event, Author shall provide Publisher with at least thirty (30) days prior written notice to the Publisher.
  3. 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.

XIII. Notices
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Section XIII: Notices
This section just lets us 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, whether by email (provided receipt is confirmed by the recipient party hereto) or by regular mail. If by regular mail, any such notices to the appropriate address set forth below, or such other address as a party may provide notice of in accordance with this section: [add address].

XIV. Successors and Assigns; Assignment; No Authority
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Section XIV: Successors and Assigns
This part tells you that our deal applies to you, your heirs, and any other person you can pass or give the rights to. It also lets you know that you can’t transfer the contract or make another agreement with someone else without telling us about it.

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. Author does not have any right or authority to enter into any agreements on behalf of the Publisher.

XV. Term of Agreement
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Section XV: Term of Agreement
Your contract with Inkitt will last 15 years then, for our ‘crystal anniversary’, we can together agree if we’d like to extend it for another 5 years.

Unless previously terminated as provided herein, this Agreement shall continue in full force, for a period of fifteen (15) years from the Effective Date and may be renewed for any additional five (5) years by mutual agreement in writing by both parties hereto effectuated within sixty (60) days before the end of the initial fifteen (15) year term.

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XVI. Waivers
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Section XVI: Waivers
If either of us decide not to exercise a right we agreed to here, it doesn’t change the contract permanently, but only applies to the one instance. It also doesn’t affect either of our abilities to exercise that right lated on.

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.

XVII. Amendments
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Section XVII: Amendments
The contract can only be changed if we both agree to it on paper.

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.

XVIII. Governing Law
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Section XVIII: Governing Law
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 according to the laws and statutes of the United States of America and of the State of New York, except that its conflicts of law provisions shall not apply. Any litigation relating to this Agreement shall be pursued in New York, New York, USA.

XIX. Severability
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Section XIX: Severability
If any part of the contract is declared invalid for any reason it does not affect the validity of the rest of the contract.

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.

XX. Entire Agreement
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Section XX: Entire Agreement
This contract reigns king (or queen) over all written or verbal agreements between us that happened before this one.

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.

XXI. Limitation of Liability
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Section XXI: Limitation of Liability
We can’t be held responsible for damages or anything else that amounts to a price higher than the total amount paid to you in royalty fees during the 12 months prior to any claim that is made. We also can’t be held responsible for indirect or consequential damages that arise from this agreement.

IN NO CASE SHALL PUBLISHER’S MAXIMUM LIABILITY ARISING OUT OF THIS AGREEMENT, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED IN THE AGGREGATE, THE ACTUAL AMOUNTS REQUIRED TO BE PAID TO AUTHOR IN THE TRAILING TWELVE (12) MONTHS FROM THE DATE OF SUCH CLAIM THAT GIVES RISE TO ANY LIABILITY. IN NO EVENT SHALL PUBLISHER BE LIABLE FOR: (i) INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF OPPORTUNITIES, LOSS OF DATA, OR LOSS OF USE DAMAGES, ARISING OUT OF THIS AGREEMENT.

[SIGNATURE PAGE FOLLOWS]

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Inkitt is the world’s first reader-powered book publisher, offering an online community for talented authors and book lovers. Write captivating stories, read enchanting novels, and we’ll publish the books you love the most based on crowd wisdom.