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PRINT ON DEMAND AGREEMENT - DSP PUBLISHING
This agreement (Author's Publishing Agreement) is a standard agreement offered to authors. By signing this agreement you agreed to all terms and conditions. This agreement is between DSP Publishing and the author in respect at literary work TYPE BOOK'S TITLE
. AUTHOR has granted DSP Publishing non-exclusive permission to publish and retail the NOVEL by means of the World Wide Web, bound edition and any other media pursuant to this agreement. Accordingly, DSP and AUTHOR agree as follows:
I. AUTHOR'S RIGHTS AND DUTIES
- The AUTHOR grants to DSP and its permission to reproduce and distribute, whether wholly or partly, the NOVEL, either in entirety or in part for as long as the AGREEMENT remains valid. The AUTHOR reserves the right to publish, in whole or part, the NOVEL through any media he or she deems fit, without permission from DSP and irrespective of any binding agreements with DSP.
- The AUTHOR agrees that the price of the NOVEL shall be within a range set by DSP, to the nearest U.S. Dollar, or such other currency as DSP or its operators may determine. The price may be altered by DSP at any time without explanation.
- The AUTHOR agrees to allow DSP to change, modify or edit the work after approval of the author. Such changes are limited to the following:
- Removal of any material that encourages or advocates racial or religious hatred or violence.
- The AUTHOR agrees to allow the website to publish the NOVEL on the website ("WEBSITE") or on any other URL as DSP may from time to time determine at the sole discretion of DSP or its operators. The AUTHOR hereby warrants:
- That the content of any work submitted by myself, or by my agents or assignees, is entirely and without condition my own work.
- That I am the sole owner of said NOVEL submitted to DSP.
- That I have obtained and that it is my sole responsibility to so obtain any copyright permission, license, agreement or otherwise required, necessary or incidental to the publication of the NOVEL submitted by me on the WEBSITE or on any such other URL as DSP may, at its sole discretion, determine.
- To indemnify DSP of any loss, damage, action, proceedings, judgment, suit, claim or other penalties, monetary or otherwise, suffered or incurred as a result of my breach of any covenant or warranty herein contained.
- The AUTHOR may at his or her sole discretion, nullify this AGREEMENT at any time by giving thirty days' notice in writing, by e-mail, by facsimile or by other means of written communication. DSP agrees that, in the event of the AUTHOR choosing to nullify this AGREEMENT, the NOVEL shall be withdrawn from the WEBSITE. In the event of the AUTHOR choosing to nullify the AGREEMENT, DSP will immediately act to ensure that the NOVEL is no longer sold through third-party sales channels, including partner websites and retail stores. Furthermore, DSP agrees that no financial obligation or commitment shall be imposed upon the AUTHOR in such an event.
II. DSP Publishing RIGHTS AND DUTIES
- DSP agrees to include the name of the AUTHOR as provided in the submission of the NOVEL to DSP. For the purposes of this clause, the name submitted by the AUTHOR to DSP or its operators shall be taken as conclusive and the AUTHOR shall not claim, sue or in any other way take action against DSP or its operators for the use of any name submitted for this purpose.
- DSP agrees that the AUTHOR may, at his or her discretion, publish or offer to publish the NOVEL in whole or part through any media that the AUTHOR deems fit, irrespective of any binding agreements with DSP. This AGREEMENT grants non-exclusive rights to DSP to similarly publish the NOVEL in whole or part.
- DSP agrees not to voluntarily disclose any private, confidential or personal information submitted to the website without the prior consent of the AUTHOR.
- DSP agrees that exclusive copyright of and statutory rights for the NOVEL shall remain the sole property of the AUTHOR at all times, and that neither DSP has no claim whatsoever to copyright of the NOVEL or material contained therein.
- DSP reserves the right not to publish, list, place on the WEBSITE and to withdraw the work from the WEBSITE or otherwise deal with any work submitted pursuant to and under the terms of this AGREEMENT or any other agreement and signed between DSP and the AUTHOR. DSP reserves the right to alter or remove content contained within any web pages pursuant to the NOVEL at any time without explanation.
- DSP agrees to make every possible effort to promote and publicize the NOVEL and the WEBSITE as a whole. DSP warrants that the AUTHOR shall be given due recognition for the NOVEL and any work or works pursuant to the NOVEL.
III. WARRANTIES
- Both parties agree that:
- This agreement may be terminated or revoked by either party giving 30 days written notice to the other party by e-mail, fax or other means of written communication.
- This agreement is governed by all United States laws and regulations or rules made thereunder.
- DSP and its operators reserve the right not to publish, list, place on the WEBSITE and to withdraw the NOVEL from the WEBSITE or otherwise deal with any work submitted pursuant to and under the terms of this agreement or any other agreement and signed between DSP and the AUTHOR.
- Any notice required under this agreement shall be sufficient and deemed to be served or given when the notice is received by the recipient in writing by means of e-mail or any other form of written communication. The email address provided by the AUTHOR shall be conclusive and DSP and its operators are under no responsibility to ensure its accuracy. The AUTHOR must inform DSP and its operators of any change in his or her email address immediately.
- The AUTHOR shall not be excused from abiding the terms of this agreement by virtue of any law, court order or regulation unless the AUTHOR informs DSP or its operators immediately by giving due written notice of the same.
- AUTHOR warrants that he or she is the sole and exclusive owner of all rights, titles and interests in the NOVEL, including any and all intellectual property interests.
- AUTHOR further warrants that DSP retail of the NOVEL in accordance with this AGREEMENT does not infringe the intellectual property rights of any third party.
- AUTHOR further warrants that he or she has the right and power to enter into the AGREEMENT and that there are no other agreements with any party in conflict with such grant.
- DSP warrants that it has the right and power to enter into the AGREEMENT and that there are no other agreements with any party in conflict herewith.
This AGREEMENT may be modified or amended, if the amendment is made in writing and is signed by both parties.
This AGREEMENT shall be governed by the laws of the State of Illinois and the United States of America. This AGREEMENT contains the entire agreement of the parties and there are no other promises or conditions in any other agreement, whether oral or written. This AGREEMENT supersedes any prior written or oral agreements between the parties.
VI. TERMINATION OF BUSINESS ACTIVITIES
In the event that DSP is forced to terminate its business activities due to financial or other considerations, the AUTHOR will be notified in writing within 30 (thirty) days of the termination of said activities. The AUTHOR warrants that DSP is indemnified against any action, proceedings, judgment, suit, claim or other penalties, monetary or otherwise, arising from the termination of business activities.
SCHEDULE A: ROYALTY PAYMENTS
DSP agrees to make royalty payments to the AUTHOR subject to the following schedule:
PAPERBACK AND HARDBACK SALES:
40% of Net Publisher Receipts for all sales. Net Publisher Receipts in this case is calculated as the list price less the printing costs of the book less any retail margin deducted by a third-party retail partner.
DSP agrees that royalty checks, as payable, will be mailed to the AUTHOR on a quarterly basis.
Author:
DSP Publishing: