SHADOW LINE PRESS

Publishers of Fine Mystery & Suspense

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SHADOW LINE PRESS SAMPLE AUTHOR'S CONTRACT
 
 

AGREEMENT

made this ________day of _____________, 2010 between _____________________________________ , whose residence address is __________________________________(hereinafter

called the Author); and Shadow Line Press whose principal place of business is at 149 Magnolia Drive, Winterville, NC 28590 (hereinafter called the Publisher);

This contract is considered legal and binding in all countries. If there should be any legal dispute, the laws of the state of North Carolina shall apply.

WITNESSETH:

In consideration of the mutual covenants herein contained, the parties agree as follows:

1. GRANT

A. The Author grants to the Publisher for a period of two (2) years from the date of first publication the sole and exclusive right to publish and sell an English language paperback edition of

the Work throughout the United States, its territories, possessions, Canada, and Great Britain. The Author also grants to the Publisher the exclusive right to publish an electronic (E-book)

edition of the Work throughout the same territories granted under the paperback rights.

B. Upon the expiration of this agreement two (2) years from the date of original publication, the Publisher shall have first option to conclude any agreement with the Author for continued

publication rights to the Work on terms to be mutually agreed upon. Should no such agreement be concluded within sixty (60) days of the expiration of this agreement, all rights to the

Work shall automatically revert to the Author.

2. REPRESENTATIONS AND WARRANTIES

The Author hereby represents and warrants to the Publisher that:

A. The Work is original with him/her and has not heretofore been published in paperback form, that he/she is sole author and proprietor of said Work with full power and

right to enter into this agreement and to grant the rights hereby conveyed to the Publisher.

B. The Author has not heretofore and will not hereafter during the term of this agreement enter into any agreement or understanding which would conflict with the rights herein granted

the Publisher.

C. The Work is free and clear of any counts of libel, plagiarism, breach of privacy or misrepresentation of facts.

D. The Work does not infringe upon any copyright or proprietary right, common law or statutory law, and does not contain any material of libelous nature.

E. The Work is not in the public domain and the Author is the sole owner and copyright holder of the work with full power to enter into this contract.

F. The Author releases Publisher from any responsibilities relating to any legal actions incurred by the contents of the Work or the Author.

G. If the Author breaches this warranty, the Publisher shall be entitled to injunctive relief in addition to all other remedies which may be available to it.
 
H. The Author further agrees to hold the publisher, its distributors, and any retailer harmless against any recovery or penalty finally sustained arising out of the breach of this warranty, and
 
in this event the Author will reimburse the Publisher for all court costs and legal fees incurred. Any out of court settlement of any suit filed jointly against the Author and the Publisher shall
 
be made only by mutual agreement in writing between same.
 
I. The representations contained herein are true on the date of the signing of this contract. 

4. ROYALTIES

A. The Publisher will pay the Author royalties based upon net sales as reported by the Publisher's distributors as follows: On copies sold at the full retail price as imprinted on the cover: six

percent (6% ) of said retail price on the five-thousand (5,000) copies sold, eight percent (8%) on copies 5,001-10,000 and ten percent (10%) on all copies sold thereafter.

B. The Publisher has the right to contract with distributors, bookstores, vendors, organizations and or outlets of paperback and electronic books to sell the Work in association with the
 
Publisher's name. For all sales through these outlets, the Author will be compensated 5% of the sales price less any handling costs or discounts charged by the outlet. 
 
C. No royalty shall be paid on paper or digital copies distributed for review, advertising, publicity, promotional purpose, samples, or other similar purposes, or on copies sold below or at
 
cost.
 
D. If Publisher decides to contract with various distributors and outlets, royalties will be paid to Author contingent on payment received from distributor. In most cases, distributors pay
 
Publishers every sixty to ninety days for sales through their channels during those time frames.
 
E. The Author is responsible for paying his/her own taxes on all royalty payments received from Publisher and is advised to keep accurate records for tax purposes. A 1099misc form will
 
be sent to the author if necessary.

5. MARKETING AND PROMOTION

A. The Author shall provide the Publisher with biographical information, a photo (if author desires), and a suggested blurb for use on Publisher's website.  Author agrees to give Publisher
 
the right to use the Author's name, likeness, title of work and biographical material for publishing, advertising and promoting the Work. Publisher reserves the right to edit or rewrite the
 
blurb submitted by Author.
 
B. Cover art will be provided by Publisher. If the Author has his/her own cover art, the Author must warrant that the provided art is either owned by the Author or that it does not infringe on
 
any copyright.
 
C. Publisher reserves final approval of art in consultation with Author.
 
D. Author agrees to self-promote the Work to the best of his/her ability. Author agrees to keep Publisher informed of all promotional activities and book signings. If Author has his/her own
 
website, the Work must be linked to the Publisher's website. With any promotional material the Author generates, the Author will consult with Publisher to insure proper use of Publisher's
 
name and/or other information.

E. Author may use up to 3 chapters to post on his/her website or to give away as "teasers" to promote the work provided it includes a link to Shadow Line Press.

F. Publisher will send out the work for review to no less than three review sites. Author may request a review copy for his/her promotional efforts.  Author is encouraged to solicit reviews
 
along with the Publisher. For added promotional purposes, Publisher and Author agree to notify each other as to what review sites submissions have been made.

6. SUBSIDIARY RIGHTS

A. The Author and/or his agent shall retain in full the exclusive right to sell or license the Work for publication in whole or in part, in English or in any foreign language, in any way,

shape, edition, or form not in conflict with the rights granted to the Publisher under this agreement.

7. STATEMENTS AND PAYMENTS

A. The Publisher shall forward to the Author  royalty statements to be computed as of June 30 and December 31 of each year of this agreement within thirty (30) days following such

respective dates along with any payments indicated to be due thereby.

B. The Author shall have the rights to examine or cause his/her duly appointed representatives to examine the accounts of the Publisher at any time after written demand by the Author. In

the event discrepancies between royalty statements and the Publisher's accounts shall total more than one hundred dollars ($100.00) in the Author's favor under this and any other

agreement between the Author and the Publisher, the Publisher shall tender such monies due to the Author within thirty (30) days, along with reimbursement in full for any duly verified

expenses incurred by the Author as a result of the auditing procedure. Should such discrepancies total less than one hundred dollars ($100.00), in favor of the Author, the Publisher shall

tender such money due to the Author within thirty (30) days, but shall not be liable for reimbursement of the Author's expenses.

8. MANUSCRIPT AND DELIVERY

A. The Author agrees to deliver to the Publisher on or before___________________________and in final revised form an English language manuscript of approximately ____________words

in Microsoft Word format. If the Author fails to deliver said manuscript to the Publisher within the time herein provided, or having delivered same shall otherwise breach this agreement,

this contract shall be considered void.

B. If, in the opinion of the Publisher, the manuscript is unacceptable or unsatisfactory to the Publisher, the Publisher may reject it by written notice within thirty (30) days of delivery, in

which case this agreement shall be deemed terminated and all rights granted to the Publisher under this agreement shall revert to the Author.

C. Publisher will not be held liable for lost manuscripts or defective disks. Author should always keep a back up copy.
 
9. EDITING RIGHTS

A. Publisher agrees to consult with the Author regarding any changes, additions, deletions, abridgements, or condensations in the text of the Work or changes of title. However, final

editorial control on content belongs to the Publisher

B. If Publisher and Author cannot reach an agreement on the nature of editing changes proposed by the Publisher, then the Publisher reserves the right to terminate this contract with

written notice.

10. GALLEYS AND PROOFS

A. Prior to publication the Publisher shall provide the Author with a proof copy of the Work, which the Author shall correct and return to the Publisher within twenty (20) days of receiving

same.

B. The expense of the Author's proof corrections exceeding ten percent (10%) of composition costs shall be charged against the Author's royalties hereunder, except that any such

correction resulting from the Publisher's failure to faithfully reproduce the text of the manuscript as delivered by the Author shall in no case be charged against the Author's royalty

account.

11. PUBLICATION

A. The Publisher agrees to publish Work within nine (9) months of approval and acceptance of the Author's final manuscript. In the event the Publisher shall fail to publish the Work by said

date, this agreement shall terminate forthwith, and all rights hereunder shall revert to the Author. However, this mandated publication date may be extended to any other date, and any

number of such extensions may be made, upon mutual agreement between the Publisher and the Author.

12. AUTHOR'S COPIES

A. On publication the Publisher shall give to the Author three (3) copies of the published Work, which may not be resold. Any further copies desired by the Author may be purchased

directly from the publisher at a discount based on the following per order sliding scale- 1-50 copies purchased: thirty percent (30% discount); 51-100 copies purchased: thirty-five percent

(35%) discount; 101 copies or more purchased: forty percent (40%) discount. Author agrees to pay all shipping and handling costs associated with each Publisher-to-Author order.   

13. INFRINGEMENT

A. If during the existence of this agreement the copyright shall be infringed, the Publisher may, at its own expense, take such legal action, in the Author's name if necessary, as may be

required to restrain such infringement or to seek damages therefor. The Publisher shall not be liable to the Author for the Publisher's failure to take such legal steps. If the Publisher does

not bring such an action, the Author may do so, in his name at his own expense.

B. Money damages recovered for an infringement shall be applied first toward the repayment of the expense of bringing and maintaining the action, and thereafter the balance shall

belong to the Author, provided, however, that any money damages recovered on account of a loss of the Publisher's profits shall be divided equally between the Author and the Publisher.

14. BANKRUPTCY AND INSOLVENCY

A. If a petition in bankruptcy shall be filed by or against the Publisher, or if it shall be judged insolvent by any court, or if a Trustee or a Receiver of any property of the Publisher shall be

appointed in any suit or proceeding by or against the Publisher, or if the Publisher shall make an assignment for the benefit of creditors or shall take the benefit of any bankruptcy or

insolvency Act, or if the Publisher shall liquidate its business for any cause whatsoever, this agreement shall terminate automatically without notice, and such termination shall be effective

as of date of the filing of such petition, adjudication, appointment, assignment or declaration or commencement of reorganization or liquidation proceedings, and all rights granted

hereunder shall thereupon revert to the Author.

15. INHERITANCE

This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of the Author, and upon and to the successors and assigns of the

Publisher.

16. ENTIRE AGREEMENT:
 
This Contract hereby constitutes the entire agreement between Author and Publisher and supercedes all previous agreements regarding the Work, whether oral or in writing. Modification
 
of this contract may only occur in writing, signed by both parties.

Author's Real Name: _______________________________________

Pseudonym (if any): _______________________________________

Street Address: __________________________________________

City, State, Zip: _________________________________________

Phone Number: _____________________________________________

Email Address: ____________________________________________

Website URL: ______________________________________________

Title of Work: ____________________________________________

Social Security Number:____________________________________

Author's Signature: _______________________________________

Date: _____________________________________________________

Shadow Line Press Signature: ________________________

Date: ________________________