Example Agreement

RESURGENCE PUBLISHING, LLC

PUBLISHING SERVICES AGREEMENT

This PUBLISHING SERVICES AGREEMENT (hereinafter referred to as the “Agreement“) is effective on the date which all signatures have been affixed below by and between “author name” (hereinafter “AUTHOR“) and Resurgence Publishing, LLC (hereinafter “Publishing Services Provider“) (collectively referred to as the “Parties” and each a “Party“).

WHEREAS, AUTHOR and PUBLISHING SERVICES PROVIDER desire to enter into a business relationship upon the terms and subject to the conditions set forth in this Agreement; and

WHEREAS, each Party is duly authorized and capable of entering into this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants, representations, warranties, and obligations set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

1. SERVICES TO BE PROVIDED. Under this Agreement, the PUBLISHING SERVICES PROVIDER shall be expected to perform all of the following publishing services:
   
   1. Copyediting, and proofreading.
   2. Custom book cover design.
   3. Interior design and typeset.
   4. Professional copywriting for back cover and promotional descriptions.
   5. ISBN number with imprinted barcode.
   6. Registration with R.R. Bowker’s Books-In-Print
   7. Core meta-data management.
   8. A paperback edition and an eBook edition for Kindle, and other eBook devices.
   9. Distribution management, and access to USA bookstores and other retail outlets; same services for International markets in the English language.
   10. Distribution management services and access to amazon.com and other online booksellers.
2. TERM. The term of this agreement shall extend for three (3) years after publication of WORK. This Agreement will then automatically renew for consecutive one (1) year terms if neither party gives at least thirty days advance written notice, prior to the end of the then-current term, that such party desires to terminate.
3. LICENSE TO PRINT AND DISTRIBUTE. AUTHOR hereby grants to the PUBLISHING SERVICES PROVIDER the license to coordinate and manage the editorial, design, production, manufacturing, distribution, publication, and sale of the WORK in print and all digital forms in the English language. AUTHOR also grants to PUBLISHING SERVICES PROVIDER the right to coordinate the display, promotion, marketing, distribution and exhibit of WORK to the trade, in electronic or print format. Electronic excerpts may be viewable on websites, in order to facilitate promotion, marketing, distribution, and sales of the WORK. The AUTHOR acknowledges that PUBLISHING SERVICES PROVIDER makes no guarantee or promise that the WORK will sell any particular number of copies through any retail or wholesale channel.
4. OWNERSHIP AND RIGHTS. The AUTHOR shall retain all rights (including Copyright) to ownership of WORK. This Agreement pertains to book rights only and does not include licensing or ownership rights to the WORK in any other format including video, audio, movie, motion picture, or other formats not herein referred to.
5. PUBLISHING FEE
   
   1. Pay Structure. AUTHOR agrees to pay PUBLISHING SERVICES PROVIDER a publishing fee of $____________ upon execution of this AGREEMENT.
   2. Payment Method. Upon execution of this AGREEMENT, PUBLISHING SERVICES PROVIDER will send AUTHOR an electronic invoice via email to “Author Email Address” which can be paid by any payment method accepted through Square, Inc., our third party payment processor.
6. WARRANTY
   
   1. PUBLISHING PUBLISHING SERVICES PROVIDER warrants that all Services provided hereunder will be provided by experienced personnel in a diligent manner that meets or exceeds generally acceptable industry standards in the region.
   2. AUTHOR represents and warrants the following to PUBLISHING PUBLISHING SERVICES PROVIDER: AUTHOR is the sole author of the WORK and the sole owner of the copyright; AUTHOR either is the sole owner of the copyright in any associated cover or interior graphics supplied by AUTHOR for the WORK or has secured written permission (which AUTHOR will furnish to PUBLISHING PUBLISHING SERVICES PROVIDER together with any required third party credits) to use the same in the WORK; and AUTHOR has full power, authority and right to enter into this Agreement and to grant the rights herein granted; this Agreement does not conflict with any arrangements, understandings, or agreement between AUTHOR and any other person or entity; the WORK is not in the public domain and is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured; the WORK and all rights therein are free of liens, claims, interests or rights in others of any kind; the WORK as submitted, and its publication by PUBLISHING PUBLISHING SERVICES PROVIDER, do not and will not violate or infringe upon any personal or proprietary rights; the WORK is not defamatory or obscene, or in any other way illegal.
7. ROYALTIES. PUBLISHING SERVICES PROVIDER shall pay to AUTHOR a royalty rate of 100% for all copies sold. Royalty is defined as all monies received by PUBLISHING SERVICES PROVIDER from distributors, booksellers, and all other buyers, for all sales of the WORK, minus the cost to print books. Royalties shall not be paid on copies purchased by the AUTHOR, nor on copies returned by trade accounts. Royalties are payable quarterly as received by Ingram Spark.
8. PUBLISHING SCHEDULE AND TIMELINE. PUBLISHING SERVICES PROVIDER shall publish the WORK within 60 days of the date of the execution of this Agreement. The publication schedule may take less time depending editorial progress, or more time.
9. AUTHOR PRINTED COPIES. AUTHOR may purchase copies for personal use (to sell or to giveaway), at a cost determined by Kindle Direct Publishing at the time of publishing (approximately $0.0176 per page). There is no minimum number required for purchase.
10. PUBLICATION FORMAT AND PRICING. PUBLISHING SERVICES PROVIDER shall determine, in collaboration with AUTHOR, all production details of publication, including the appearance, printing, and manufacturing of the WORK. PUBLISHING SERVICES PROVIDER retains the final right to make decisions as to paper, print, and binding of said book production. AUTHOR and PUBLISHING SERVICES PROVIDER will collaboratively set the default and maximum retail price of the WORK at its discretion.
11. INDEMNIFICATION. AUTHOR agrees to indemnify and hold harmless PUBLISHING SERVICE PROVIDER, its AFFILIATES and any seller of the WORK from and against any losses, damages, liabilities, judgments, awards, settlements, or expenses (including reasonable attorney’s fees and court costs) arising from, connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth above. All representations, warranties and indemnities made by AUTHOR herein shall survive termination of this Agreement. “AFFILIATES” means owners, share-holders, officers, directors, employees, subsidiaries, affiliated companies, licensees, distributors, attorneys, and accountants and any other person or entity to whom PUBLISHING SERVICE PROVIDER extends its representations and warranties to in connection with the publication or distribution of the WORK or the exercise of any rights therein or derived therefrom.
12. NOTICE. Any notice required or permitted to be given under this Agreement will be sufficient if in writing and if sent by certified or registered mail, first class, return receipt requested, to the Parties at the following addresses or any other address so specified in writing by a Party:

AUTHOR ADDRESS
Author Name
Author Address

PUBLISHING SERVICES PROVIDER ADDRESS
Resurgence Publishing, LLC
P.O. Box 514
Goshen, OH 45122

“Publishing Services Provider,” and “Author”  as signed for below, both acknowledge and agree to the terms and condition set forth in this agreement, on the date set forth below.

PUBLISHING SERVICES PROVIDER                                                                                           AUTHOR

Signed: ___________________________ Date: ______________________                                      Signed: ___________________________ Date: ______________________

Name: Jeffrey D. Wolf                                                                                                                  Name: Author Name
Title: CEO