Publishing Agreement

Madison Avenue Publishing Inc.

This Publishing Agreement (“Agreement”) entered into by and between Madison Avenue Publishing Inc., a New York Corporation, with corporate offices at 275 Madison Avenue, 14th Floor, New York, NY 10016 (“PUBLISHER”) and AUTHOR, for the publication of AUTHOR’S CONTENT, as hereinafter more particularly described, into digital and print formats (“AUTHOR’S WORK”).

 Preamble

AUTHOR’S submission of AUTHOR’S CONTENT for distribution by PUBLISHER through upload or the submission of AUTHOR’S CONTENT to PUBLISHER by any means constitutes AUTHOR’S agreement to be bound by the terms and conditions of this Agreement.

1. DEFINITIONS  Capitalized words and phrases used in this Agreement have the following meanings:

(a) “AUTHOR’S CONTENT” means print, text, Authorized Artwork and underlying works that AUTHOR has designated for digital distribution and/or print by PUBLISHER, an affiliated company, e-Book Aggregator, or Licensee Any such print, text, Authorized Artwork and underlying works are owned, licensed to, or controlled by AUTHOR, and may be used for all purposes specified herein.

(b) “AUTHOR’S DERIVATIVE RIGHTS”  include, but are not necessarily limited to: (a) translation rights: (b) abridgement rights; (c) serial rights; (d) merchandising rights: (e) stage, film, television, video, radio, and dramatization and documentary rights; (f) picture book rights; (g) electronic publishing rights; (h) publication, sale, and distribution rights in relation to AUTHOR’S WORK and/or any part thereof in all editions and in all languages; (i) exploitation rights in relation to AUTHOR’S WORK in any other form as may be invented in the future; (j) and the right to sell, resell, license or re-license to anyone any or all of the foregoing. Certain of AUTHOR’S DERIVATIVE RIGHTS are specifically licensed to PUBLISHER.

(c) “AUTHOR’S INTELLECTUAL PROPERTY” includes any Authorized Artwork supplied by AUTHOR, e-book cover file, AUTHOR’S manuscript in its original file format (with edits, if any), any sell sheets, press materials, press releases, and any other product created by PUBLISHER for AUTHOR with the exception of print book covers, formatted interior print book files, Mobi/Kindle and ePub files, all of which remain the sole and exclusive property of PUBLISHER.

(d) “AUTHOR’S OWNERSHIP RIGHTS” shall mean AUTHOR’S right, title and interest in and to AUTHOR’S CONTENT, AUTHOR’S WORK, including all copyrights, trademarks, AUTHOR’S DERIVATIVE RIGHTS, and AUTHOR’S INTELLECTUAL PROPERTY.

(e) “AUTHOR’S PROFILE PAGE” means a webpage created by PUBLISHER for AUTHOR [www.madisonavenuebooks.com/profile/view/author name]. The AUTHOR’S PROFILE PAGE may contain AUTHOR’S biographical information and picture, published books, links to AUTHOR’S personal website, external links to AUTHOR’S Facebook, Twitter, or other social media site(s), links to sites where AUTHOR’S Print Products are offered for sale, and such other features as PUBLISHER may add from time to time.

(f) “AUTHOR’S Royalty Share of Digital Text Product Net Proceeds” means one hundred (100%) percent of the Digital Text Product Net Proceeds until such time as AUTHOR if fully reimbursed for any fees and costs associated with the publishing of AUTHOR’S WORK.  Thereafter, AUTHOR shall be entitled to ninety (90%) percent of AUTHOR’S Royalty Share of Digital Text Product Net Proceeds.

(g) “AUTHOR’S Variable Royalty on Print Products” means AUTHOR’S Profit on the sale of AUTHOR’S Print Products that varies depending on retail price, printing and shipping costs, and PUBLISHER’S Discount for Print Products; provided, moreover, AUTHOR’S Variable Royalty on Print Products will be subject to additional Discounts charged by Amazon.com and/or Ingram Content Group, should AUTHOR elect to use the Amazon.com Fulfillment Program or the Ingram Content Group Fulfillment Program.

(h) “AUTHOR’S Wholesale Cost For Print Products” includes the printing cost from PUBLISHER’S printer, shipping costs, transaction fees charged for credit card payments, and PUBLISHER’S Discount for Print Products.

(i) “AUTHOR’S WORK” means the aggregation of AUTHOR’S CONTENT into a finished product, whether

Digital Product or Print Product.

(j) “Authorized Artwork” means any artwork relating to AUTHOR’S CONTENT that AUTHOR provides to PUBLISHER. All such artwork will be deemed to have been properly cleared and/or licensed by AUTHOR for all purposes, unless AUTHOR provides PUBLISHER with written notice to the contrary.

(k) “Authorized Territory” means worldwide.

(l) “Authorlog™” means PUBLISHER’S integrated, real-time tracking portal that features:

  • AUTHOR personal work station
  • query letter portal for upload of AUTHOR’S query letter template
  • display of AUTHOR’S WORK (current and past) in “My Projects” portal, together with:

i. overview of PUBLISHER’S conversion of AUTHOR’S manuscript to Mobi/Kindle and ePub files,

ii.Soft Proof of AUTHOR’S e-book covers and print covers for review by AUTHOR,

iii.Soft Proof of interior pages for review by AUTHOR,

iv.status reports regarding uploads of AUTHOR’S e-books to PUBLISHER’S Licensees,

  • AUTHOR’S royalty payments from Licensee e-bookstores in “My Royalties” portal,
  • PUBLISHER’S blog that includes industry updates, book publishing news and related features.
  • podcasts by John DuFresne, a professor in the graduate MFA program of Creative Writing at Florida International University, a published author, a Guggenheim Fellow, and frequent speaker at industry seminars, book fairs, writer retreats, and other author events,
  • updates and marketing programs from the Independent Book Publishers Association (IBPA),
  • updates and marketing programs from the Association of Publishers for Special Sales (APSS),
  • “featured author” status with the publication of AUTHOR’S book,
  • distribution of your e-books to the major online e-bookstores,
  • distribution services for printed books with Amazon Fulfillment Services and Ingram Content Group Fulfillment.
  • AuthorlogChat™ with online chat and message boards for exclusively for writers.
  • other features to facilitate AUTHOR’S use of PUBLISHER’S services.

(m) “Authorlog™ Account” means an online account established by AUTHOR for purposes of accessing Publisher Services, uploading AUTHOR’S CONTENT, receiving real-time updates for AUTHOR’S CONTENT in the publishing process, and retrieving other services offered on PUBLISHER’S Website or on PUBLISHER’S Imprint Websites.

(n) “AuthorlogChat™” is a feature of Authorlog™ that provides platforms for online chat and a message board with numerous forums exclusively for writers.  AUTHOR’S participation is subject to the terms and conditions of  the Online Chat & Message Board Services Guidelines that are posted on PUBLISHER Website and PUBLISHER Imprint Websites.

(o) “AuthorWebChat™is a video-based online service that features interviews with authors who have published with MidTown Publishing.  A copy of the author interview is uploaded to the PUBLISHER’S YouTube Channel. 

(p) “Authorized Artwork” means any artwork relating to AUTHOR’S CONTENT that AUTHOR provides to PUBLISHER. All such artwork will be deemed to have been properly cleared and/or licensed by AUTHOR for all purposes, unless AUTHOR provides PUBLISHER with written notice to the contrary.

(q) “Authorized Territory” means worldwide.

(r) “Copyright Management Information”  as defined by Section 1202(c) of the Digital Millennium Copyright Act (“DMCA”) means, in pertinent part, the title and other information identifying the work, including the information set forth on a notice of copyright, the name of, and other identifying information about, the author of a work, the name of, and other identifying information about, the copyright owner of the work, including the information set forth in a notice of copyright , terms and conditions for use of the work, identifying numbers or symbols referring to such information or links to such information, such other information as the Register of Copyrights may prescribe by regulation, except that the Register of Copyrights may not require the provision of any information concerning the user of a copyrighted work.

(s) “Digital Text Product” means a copy or copies of AUTHOR’S WORK in digital and electronic form.

(t) “Digital Text Product Net Proceeds” means the amount of proceeds received by PUBLISHER from the sale of AUTHOR’S Digital Text Product from Licensees, after deduction of each Licensee’s trade discount, bank/credit card charges and megabyte charges for downloads.

(u) “e-Publishing Services means those services provided by PUBLISHER in the form of  electronic books (“e-books”) that are transmitted digitally for the sale, distribution or licensing of AUTHOR’S CONTENT and other contents online through the PUBLISHER’S Website, PUBLISHER’S Imprint Websites, or through websites operated by or on behalf of Licensees.

(v) “Licensee(s)” means any third party Licensee(s) such as Apple iBookstore®, Amazon®, Barnes & Noble®, Google Play Books®, and Kobo®, or others that PUBLISHER may authorize to carry out the marketing, distribution and sale or other use of AUTHOR’S WORK pursuant to the terms of this Agreement.

(w) “Net Royalties” means those royalties earned from AUTHOR’S WORK after trade discounts taken by wholesalers, distributors, and Licensees, returns, shipping/downloading expenses incurred by PUBLISHER, and credit card fees.

(x) “On-Sale Date” shall mean that date AUTHOR’S Digital Text Product or Print Product is first available for sale through any distributor.

(y) “Print Product(s)” means AUTHOR’S WORK produced from Print Publishing Services.

(z) “Print Publishing Services” means those services offered by PUBLISHER to print AUTHOR’S CONTENT and convert to a Print Product, to distribute through Publisher’s Website, Publisher’s Imprint Website, AUTHOR’S PROFILE PAGE, through websites and distribution services operated by or behalf of Licensees or other third parties, to list books printed from AUTHOR’S WORK with Bowker®, and a listing of AUTHOR’S WORK in the Ingram Content Group database.

(aa) “PUBLISHER Imprint Website means a website that is owned by PUBLISHER, but publishes under a separate domain name, including, but not limited to, www.madisonavenuebooks.com.

(bb) “PUBLISHER Discount for Digital Text Products” means PUBLISHER’S fifty (10%) percent share of Digital Text Product Net Proceeds; provided, however, PUBLISHER will not earn a Discount until such time as AUTHOR has been reimbursed from Net Royalties the amount of AUTHOR’S expenses and fees associated with publishing AUTHOR’S WORK.

(cc) “PUBLISHER Discount for Print Products” means PUBLISHER’S ten (10%) percent share of the Retail Price of Printed Products produced for AUTHOR from Print Publishing Services; provided, however, PUBLISHER does not earn a PUBLISHER Discount on the initial order of books included with the AuthorServicePaK™ ordered by AUTHOR.

(dd) “PUBLISHER Website” means www.madisonavenuepublishing net.

(ee) “PUBLISHER Widget” means a (i) software application made available from time to time on PUBLISHER’S Website or PUBLISHER’S Imprint Websites that AUTHOR or someone authorized to act on AUTHOR’S behalf may embed on third-party websites, (ii) link, code, script or any other software or instruction that AUTHOR or someone authorized to act on AUTHOR’S behalf may embed or place on a third-party website, including, but not limited to, social media websites such as Facebook®, that permit a user of such third-party website to access content hosted and/or streamed from servers owned or controlled by or on behalf of PUBLISHER, including YOUR WORK, or (iii) standalone software available for use on mobile devices, smartphones, such as  iPhone® and Android® phones, tablet computers ,such as iPad®), set-top boxes, and other hardware now known or hereafter developed (collectively, “Hardware”), that facilitates or enables the public performance, communication to the public or other transmission of AUTHOR’S WORK via the Internet or any other transmission medium through such third-party websites or on or through any Hardware. PUBLISHER’S Widget may provide access to all of AUTHOR’S WORK or such portions of AUTHOR’S WORK that AUTHOR wishes to be available through third-party websites. PUBLISHER may choose  such third party websites as it deems most beneficial for transmission  of AUTHOR’S WORK, in PUBLISHER’S sole discretion.

(ff) “Publishing Services” means the e-Publishing Services and Print Publishing Services provided by PUBLISHER.

(gg) “Retail Price of Printed Book” shall mean the retail price of AUTHOR’S Print Product as contained in the Bookland EAN Barcode affixed to AUTHOR’S Print Product.

(hh) “Soft Proof” means a pre-press paperless proofing method utilizing downloads or online preview technology

(ii) “User” means anyone who uses the products and services offered by the PUBLISHER or a PUBLISHER Imprint Website.

2. AUTHORIZATION: E-BOOK AND PRINT PUBLISHING

a. For e-Book and Print Publishing Services [as applicable]

AUTHOR hereby appoints PUBLISHER as AUTHOR’S authorized representative for the sale and other distribution of AUTHOR’S WORK. While distributing AUTHOR’S WORK through PUBLISHER is non-exclusive, the rights granted by AUTHOR to PUBLISHER under this Agreement to distribute to PUBLISHER’S e-Book Aggregators and affiliates is exclusive. Accordingly, AUTHOR grants to PUBLISHER the exclusive right with PUBLISHER’S e-Book distributors, and affiliates and to each Licensee the non-exclusive right during the Term hereof and throughout the Authorized Territory, to:

(a) Reproduce, format, and convert AUTHOR’S CONTENT into Digital Text Products and Print Products (collectively, AUTHOR’S WORK);

(b) Distribute and make available, for promotional purposes and without remuneration to AUTHOR, portions of AUTHOR’S WORK (“Samples”) in any form of media, including but not limited to digital media, printed media and audio, and via PUBLISHER’S Widget,  AUTHOR or any person authorized by AUTHOR may place on any website, to promote the license, sale and distribution of AUTHOR’S WORK;

(c) Promote, sell, license, distribute, and deliver AUTHOR’S WORK and associated metadata to purchasers and resellers who may use AUTHOR’S WORK in accordance with usage rules approved by PUBLISHER;

(d) Use and authorize others to license the use of and sale of AUTHOR’S WORK in connection with all manner of e-Book and audio book services, such as, but not limited to, sales or licenses of AUTHOR’S WORK as digital files, audio downloads and streams (including, without limitation, permanent downloads, conditional downloads, and streams to mobile devices);

(e) Authorize PUBLISHER’S Licensees, including, but not limited to, Amazon®, Apple iBookstore®,  Barnes & Noble®, Sony Reader Store®, Kobo and such other online e-publishers as are make available AUTHOR’S WORK  from time-to-time in all territories in which Licensees deliver, distribute, or sell digital literature including audio Books or electronic Books.

(f) Use so-called “kiosks” to distribute, market, and promote AUTHOR’S WORK, including, without limitation, by allowing a copy of AUTHOR’S WORK to be transferred to personal devices;

(g) Use and authorize others to make non-permanent copies of AUTHOR’S WORK to be distributed as so-called “conditional” downloads, whether tethered to a device, time-limited, use-limited or otherwise;

(h) Make available and authorize others to make available non-permanent copies of AUTHOR’S WORK via a PUBLISHER Widget, and within physical brick-and-mortar stores owned or operated by its Licensees;

(i) Allow and authorize others to allow limited sharing of AUTHOR’S WORK between existing and potential customers for promotional purposes;

(j) Use and distribute Copyright Management Information as embodied in AUTHOR’S WORK;

(k) Display and electronically fulfill and deliver Authorized Artwork used in connection with AUTHOR’S WORK for personal use, solely in conjunction with AUTHOR’S WORK;

(l) Use AUTHOR’S CONTENT, Authorized Artwork, and metadata as may be reasonably necessary or desirable for PUBLISHER to exercise our rights under this Agreement;

(m) Authorize Licensees to remove or modify the cover artwork, metadata and product description AUTHOR provides for AUTHOR’S WORK for any reason without notification.

(n) Make necessary changes to this Agreement to comply with Licensees’ rules and regulations not otherwise set forth herein; and

(o) Authorize PUBLISHER’S  e-Book Aggregators or Licensees to perform any one or more of the activities specified herein.

b. Author & Title Information

During the term of this Agreement, PUBLISHER may post, or cause to be posted through e-Book Aggregators, pertinent information about AUTHOR and AUTHOR’S WORK on PUBLISHER’s website, PUBLISHER’S Imprint Websites, and Licensee websites. Such information may include the e-book and print cover of AUTHOR’S WORK, AUTHOR’S name and picture, description of AUTHOR’S WORK and other related information

c. Storage and Handling of AUTHOR’S WORK

During the term of this Agreement, AUTHOR grants PUBLISHER the right to store, use, transmit, and distribute electronic copies of AUTHOR’S WORK as required to facilitate the printing and distribution process. This grant includes PUBLISHER’S vendors, distributors, wholesalers, third-party retailers and Licensees. For the first year commencing with the On-Sale Date, there is no charge for storage and distribution of AUTHOR’S WORK. Commencing one year next following the On-Sale Date, there shall be an annual renewal fee (“Renewal Fee”) of $15.95 that shall be due and payable at the commencement of the first renewal year, and each renewal year thereafter.

3. TERM OF AGREEMENT; TERMINATION RIGHTS; UPDATES

Immediately next following the initial term (“Initial Term”) of this Agreement, and subject to termination rights by both parties during the Initial Term, either party may terminate in accordance with the terms and conditions herein.

The “Initial Term” commences upon the Effective Date of this Agreement and continues for one (1) year next following the On-Sale Date. The renewal term (“Renewal Term”) commences upon the anniversary of the On Sale Date each year. Upon renewal of this Agreement, next following the expiration of the Initial Term or any subsequent Renewal Term, AUTHOR acknowledges that the Agreement may have been modified or otherwise updated (“Content Update”). To the extent there is a Content Update AUTHOR agrees that the payment of any Renewal Fee constitutes agreement to and acceptance of the Content Update at the time of renewal.

a. Termination by Author

Within three (3) business days next following the Effective Date, or prior to that date when AUTHOR uploads AUTHOR’S manuscript via AUTHOR’S Authorlog™ Account, whichever shall first occur, AUTHOR may terminate this Agreement and receive a full refund of all monies paid.  Thereafter, a refund to AUTHOR, full or partial, shall be at the absolute discretion of PUBLISHER.

To terminate, AUTHOR must provide notice to PUBLISHER (“AUTHOR’S Notice of Termination”) via AUTHOR’S Authorlog™ Account.

All refunds shall be processed by PUBLISHER within thirty (30) business days next following receipt of AUTHOR’S Notice of Termination in AUTHOR’S Authorlog™ Account. PUBLISHER shall have ten (10) business days from AUTHOR’S Notice of Termination to remove all online listings under PUBLISHER’s control and send all of AUTHOR’S INTELLECTUAL PROPERTY to AUTHOR upon AUTHOR’S request.

b. Termination by Publisher

PUBLISHER may terminate this Agreement and publication of AUTHOR’S WORK (“For Cause”) as defined in subparagraphs i, ii, and iii below, immediately following notice to AUTHOR (“PUBLISHER’S Notice of Termination For Cause”) via AUTHOR’s Authorlog™ Account, (or AUTHOR’S e-mail address or mailing address, if AUTHOR has terminated AUTHOR’S Authorlog™ Account). “For Cause” shall include the following:

i. AUTHOR’S CONTENT may subject PUBLISHER to the risk of litigation or other adverse commercial consequences (“Potential Damage Claims”); or

ii. AUTHOR’S CONTENT violates the common law or statutory copyright laws, the right of privacy of any person, contains libelous or obscene material, promotes hate, violence, or illegal activities (“Offensive Content”); or

iii. AUTHOR’S CONTENT violates any provisions in the Terms of Use or Privacy Policy, Authorlog™ Account, AuthorlogChat™ Guidelines, or AuthorWebChat™ provisions.

iv. AUTHOR is in default of any financial obligation to PUBLISHER and has failed to cure such default within ten business days next following notification by PUBLISHER to AUTHOR of such default.

In the event PUBLISHER transmits PUBLISHER’S Notice of Termination for Cause, a refund to AUTHOR, full or partial, shall be at the absolute discretion of PUBLISHER.

In addition to the foregoing “For Cause” termination rights, PUBLISHER may elect to terminate this Agreement for any reason (“Without Cause”) upon the expiration of the Initial Term or any Renewal Term by delivering a notice to AUTHOR, via AUTHOR’S Authorlog™ Account a notice of termination (“Notice of Termination Without Cause”) with ten days of the anniversary of the Initial Term or any Renewal Term . Upon such termination by PUBLISHER, AUTHOR acknowledges and agrees that any and all ISBN, LCCN and Bar Codes affixed to AUTHOR’S Digital Text Product or AUTHOR’S Print Product by PUBLISHER, must be replaced by AUTHOR in order to offer these products for sale by AUTHOR, or by others retained by AUTHOR.

c.             Return of AUTHOR’S INTELLECTUAL PROPERTY

So long as AUTHOR is not in default of any obligations to PUBLISHER (including financial arrangements for payment in advance for the estimated cost of return of AUTHOR’S Print Products), PUBLISHER shall, within ten (10) business days of termination of this Agreement by either party, return AUTHOR’S INTELLECTUAL PROPERTY in electronic format (Digital Text Product) via AUTHOR’S Authorlog™ Account. Any of AUTHOR’S INTELLECTUAL PROPERTY in Print Product shall be shipped to AUTHOR at AUTHOR’S sole cost and expense.

4.         AuthorServicePaKs™ AVAILABLE FROM PUBLISHER

PUBLISHER offers the following AuthorServicePaKs™.  PUBLISHER may amend or discontinue an AuthorServicePaK™ at anytime without notice to AUTHOR.  The amendment or discontinuance of any AuthorServicePaK™ shall not affect the rights of AUTHOR or PUBLISHER that have vested prior to any such amendment or discontinuance.

The following Author Service PaKsare available as of the Effective Date of this Agreement:1

a.         The Writer eBook PaK                                                 $  299.002

The Writer eBook PaK includes the following:

√ Conversion of your manuscript to Mobi/Kindle format.

√ Conversion of your manuscript to ePub format.

√ Basic eCover design.

√ Submission to Amazon Kindle, Barnes & Noble Nook, Apple iBookstore, Google Play Books, and Kobo.

√  ISBN.

√ Listing in Madison Avenue Bookstore

√ Submission to Amazon’s “Search Inside the Book™” Program.

b.         The Wordsmith eBook PaK                                                     $389.002

The Wordsmith eBook PaK includes the following:

√ Conversion of your manuscript to Mobi/Kindle    format.

√ Conversion of your manuscript to ePub format.

√ Basic eCover design.

√ Submission to Amazon Kindle, Barnes & Noble Nook, Apple iBookstore, Google Play Books, and Kobo.

√ ISBN.

√ Copyright registration with U. S. Copyright Office

√ Listing in Madison Avenue Bookstore

√ Submission to Amazon’s “Search Inside the Book™” Program.

c.              The Storyteller eBook PaK                                                     $759.002

The Storyteller eBook PaK includes the following:

√ Conversion of your manuscript to Mobi/Kindle format.

√ Conversion of your manuscript to ePub format.

√ Custom eCover design.

√ Submission to Amazon Kindle, Barnes & Noble Nook, Apple iBookstore, Google Play Books, and Kobo.

√ ISBN.

√ Copyright registration with U. S. Copyright Office

√ Madison Avenue Books Author Profile Page

√ Amazon Author Page

√ AuthorWebChat™

√ Listing in Madison Avenue Bookstore

√ Submission to Amazon’s “Search Inside the Book™”

d.         The Artist eBook PaK                                      $1299.002

The Artist eBook PaK includes the following:

√ Conversion of your manuscript to Mobi/Kindle    format.

√ Conversion of your manuscript to ePub format.

√ Custom eCover design.

√ Submission to Amazon Kindle, Barnes & Noble Nook, Apple iBookstore, Google Play Books, and Kobo.

√ ISBN.

√ Copyright registration with U. S. Copyright Office

√ Madison Avenue Books Author Profile Page

√ Amazon Author Page

√ AuthorWebChat™

√ Custom Facebook Author/Fan Page

√ Custom Twitter Author Page

√ Listing in Madison Avenue Bookstore

√ Submission to Amazon’s “Search Inside the Book™” Program.

e.         The Author eBook PaK                                                $1899.002

The Author eBook PaK includes the following:

√ Conversion of your manuscript to Mobi/Kindle    format.

√ Conversion of your manuscript to ePub format.

√ Custom eCover design.

√ Submission to Amazon Kindle, Barnes & Noble Nook, Apple iBookstore, Google Play Books, and Kobo.

√ ISBN.

√ Copyright registration with U. S. Copyright Office

√ Madison Avenue Author Profile Page

√ Amazon Author Page

√ AuthorWebChat™

√ Custom Facebook Author/Fan Page

√ Custom Twitter Author Page

√ Author Website

√ Listing in Madison Avenue Bookstore

√ Submission to Amazon’s “Search Inside the Book™” Program.

*****************************************************************************************************************
eBOOK & PRINT PAKS [Trade-Softcover]              $1295.002

 

f.          The Writer eBook & Print PaK [Softcover Trade Paperback]               

The Writer eBook & Print PaK [Softcover Trade Paperback] includes the following:

√ Conversion of your manuscript to Mobi/Kindle and ePub formats

√  Basic eCover & Print Cover design

√  Submission to Amazon Kindle, Barnes & Noble Nook, Apple iBookstore, Google Play Books, and Kobo

√  ISBN, Bar Code

√ Obtaining of Library of Congress Control Number (LCCN)  from the Library of  Congress, Washington, D.C.

√ Delivery of your book to Library of Congress, Washington, D.C.

√ Listing in Madison Avenue Bookstore

√ Participation in Amazon’s “Search Inside the Book” TM

√ Interior & cover soft proofs

√ Registration with Bowker’s Books in Print

√ Listing in Ingram Database of 38,000 retailers, libraries, schools and distribution partners worldwide

√ 10 trade paperback books, trim Sizes to 6” x 9”, maximum 300 pages, $.50 a page for each additional page in two-page increments.

√ Wholesale pricing on all future print orders [ten book minimum]

√ Free shipping included with initial AuthorServicePaK™ order.

g.         The Wordsmith eBook & Print PaK [Softcover Trade Paperback]             $1659.002

The Wordsmith eBook & Print PaK [Softcover Trade Paperback] includes the following:

√ Conversion of your manuscript to Mobi/Kindle and ePub formats

√  Basic eCover & Print Cover design

√  Submission to Amazon Kindle, Barnes & Noble Nook, Apple iBookstore, Google Play Books, and Kobo

√  ISBN, Bar Code

√ Obtaining of Library of Congress Control Number (LCCN) from the Library of  Congress, Washington, D.C.

√ Delivery of your book to Library of Congress, Washington, D.C.

√ Listing in Madison Avenue Bookstore

√ Participation in Amazon’s “Search Inside the Book” TM

√ Interior & cover soft proofs

√ Registration with Bowker’s Books in Print

√ Listing in Ingram Database of 38,000 retailers, libraries, schools and distribution partners worldwide

√ 25 trade paperback books, trim Sizes to 6” x 9”, maximum 300 pages, $.50 a page for each additional page in two-page increments.

√ Wholesale pricing on all future print orders [ten book minimum]

√ Free shipping [included with initial AuthorServicePaK™ order

h.         The Storyteller eBook & Print PaK [Softcover Trade Paperback]                    $2679.002

The Storyteller eBook & Print PaK [Softcover Trade Paperback] includes the following:

√ Conversion of your manuscript to Mobi/Kindle and ePub formats

√  Custom eCover & Print Cover design

√  Submission to Amazon Kindle, Barnes & Noble Nook,

Apple iBookstore, Google Play Books, and Kobo

√  ISBN, Bar Code

√ Obtaining of Library of Congress Control Number (LCCN) from the Library of  Congress, Washington, D.C.

√ Delivery of your book to Library of Congress, Washington, D.C.

√ Listing in Madison Avenue Bookstore

√ Participation in Amazon’s “Search Inside the Book” TM

√ Interior & cover soft proofs

√ Registration with Bowker’s Books in Print

√ Listing in Ingram Database of 38,000 retailers, libraries, schools and distribution partners worldwide

√ Madison Avenue Author Profile Page

√ Amazon Author Page

√ AuthorWebChat™

√ 50 trade paperback books, trim Sizes to 6” x 9”, maximum 300 pages, $.50 a page for each additional page in two-page increments.

√ Wholesale pricing on all future print orders [ten book minimum]

√ Free shipping included with initial AuthorServicePaK™ order.

i.          The Artist eBook & Print PaK [Softcover Trade Paperback]      $3559.002

The Artist eBook & Print PaK [Softcover Trade Paperback] includes the following:

√ Conversion of your manuscript to Mobi/Kindle and ePub formats

√  Custom eCover & Print Cover design

√  Submission to Amazon Kindle, Barnes & Noble Nook, Apple iBookstore, Google Play Books, and Kobo

√  ISBN, Bar Code

√ Obtaining of Library of Congress Control Number (LCCN) from the Library of  Congress, Washington, D.C.

√ Delivery of your book to Library of Congress, Washington, D.C.

√ Listing in Madison Avenue Bookstore

√ Participation in Amazon’s “Search Inside the Book” TM

√ Interior & cover soft proofs

√ Registration with Bowker’s Books in Print

√ Listing in Ingram Database of 38,000 retailers, libraries, schools and distribution partners worldwide

√ Madison Avenue Author Profile Page

√ Amazon Author Page

√ AuthorWebChat™

√ Custom Facebook Author/Fan Page

√ Custom Twitter Author Page

√ 75 trade paperback books, trim Sizes to 6” x 9”, maximum 300 pages, $.50 a page for each additional page in two-page increments.

√ Wholesale pricing on all future print orders [ten book minimum]

√ Free shipping included with initial AuthorServicePaK™ order.

j.   The Author eBook and Print PaK [Softcover Trade Paperback] $1659.002

The Author eBook & Print PaK [Softcover Trade Paperback] includes the following:

√ Conversion of your manuscript to Mobi/Kindle and ePub formats

√  Custom eCover & Print Cover design

√  Submission to Amazon Kindle, Barnes & Noble Nook, Apple iBookstore, Google Play Books, and Kobo

√  ISBN, Bar Code

√ Obtaining of Library of Congress Control Number (LCCN) from the Library of  Congress, Washington, D.C.

√ Delivery of your book to Library of Congress, Washington, D.C.

√ Listing in Madison Avenue Books

√ Participation in Amazon’s “Search Inside the Book” TM

√ Interior & cover soft proofs

√ Registration with Bowker’s Books in Print

√ Listing in Ingram Database of 38,000 retailers, libraries, schools and distribution partners worldwide

√ Madison Avenue Author Profile Page

√ Amazon Author Page

√ AuthorWebChat™

√ Custom Facebook Author/Fan Page

√ Custom Twitter Author Page

√ Author Website

√ Proofreading of your manuscript, maximum 75,000 words. Additional pages at $.01 per word.

√ 100 trade paperback books, trim Sizes to 6” x 9”, maximum 300 pages, $.50 a page for each additional page in two-page increments.

√ Wholesale pricing on all future print orders [ten book minimum]

√ Free shipping included with initial AuthorServicePaK™ order.

Additional publishing services (“Publishing Services”), including, but not limited to, advanced editing, book trailers, editorial assessment,  digital book reviews, and proofreading, are offered by PUBLISHER. Please visit www.madisonavenuebooks.com, and click on Publishing Services for further information.

1Content and pricing subject to change.

2 After the Initial Term, AUTHOR shall be responsible for the then current annual fee for a listing in the Ingram Book Group database.  The annual fee as of February, 2014, was $12.00.

(5) PROOFREADING FOR PUBLICATION [Author eBook & Print PaK or optional purchase]

PUBLISHER’S editors will proofread AUTHOR’S CONTENT to identify typographical, linguistic, spelling, coding or positional errors and omissions. This service is done electronically, using Microsoft Word track changes for marking corrections.  If AUTHOR purchases the Author eBook & Print PaK, the cost of PUBLISHER’S proofreading service is included with this AuthorServicePaK™ for manuscripts that do not exceed seventy-five (75,000) thousand words. For words in excess of seventy-five (75,000) thousand words, the charge to AUTHOR is $.01 per word. The Proofreading Service and  other editing services may be purchased separately.

(6)  MANUSCRIPT SUBMISSION GUIDELINES

AUTHOR acknowledges receipt, review and agreement to be in compliance with PUBLISHER’S Manuscript Submission Guidelines that are contained in AUTHOR’S Authorlog™ Account. Without limiting the foregoing, AUTHOR acknowledges that AUTHOR’S CONTENT must be delivered to PUBLISHER in MSWord (.doc, .docx format) only.

(7)  CONVERSION OF MANUSCRIPT TO MOBI/KINDLE FORMAT.

PUBLISHER causes AUTHOR’S CONTENT to be converted from MSWord to Mobi/Kindle format, and ePub format.

The Mobipocket technology is utilized in the Kindle® e-Book reader, with a proprietary format known as AZW, with optional Digital Rights Management (DRM)* embedded in the software.  Because the Kindle® eBooks are delivered over its wireless system known as the Whispernet, the user does not see the AZW files during the downloading process.

*DRM technologies attempt to control use of digital media by preventing access, copying or conversion to other formats by end users.

PUBLISHER represents that Mobi/Kindle conversion services are generally completed in ten (10) working days next following receipt and approval of PUBLISHER’S file containing AUTHOR’S CONTENT.

(8) CONVERSION OF MANUSCRIPT TO EPUB FORMAT.

 ePub is an acronym for electronic publishing.  ePub became an official standard of the International Digital Publishing Forum (IDPF) in September 2007. ePub is the software that is used by Barnes & Noble NOOK through pubit!™, Google  Play Reader, ™ Kobo,  Apple’s iBookstore, iPad, iPhone, and iPod Touch and smartphones that use Android technologies.

Delivery time for ePub files from submission of PUBLISHER’S approved file that contains AUTHOR’S CONTENT is usually within ten (10) business days.

(9) AUTHOR’S Authorlog™ Account AS PORTAL FOR REVIEW OF CONVERSION PROCESS

 AUTHOR is able to follow the conversion progress of AUTHOR’S CONTENT from MSWord to Mobi/Kindle and ePub by clicking on the “My Projects” link to the right of the title in AUTHOR’S WORK.

(10)       AUTHOR TO RECEIVE E-BOOK SOFT PROOF FOR REVIEW IN KINDLE READER FOR MOBI/KINDLE FILES, IN ADOBE DIGITAL EDITION FOR EPUB FILES, AND PRINT SOFT PROOF IN ADOBE PDF READER.

AUTHOR may access the soft proof of AUTHOR’S WORK in each of the three venues:

(a)   AUTHOR acknowledges and agrees that AUTHOR will be able to download from AUTHOR’S Authorlog Account a soft proof of AUTHOR’S CONTENT in the mobi/Kindle format for review by downloading the Kindle Reader at :

PC: http://www.amazon.com/gp/feature.html/ref=kcp_pc_mkt_lnd?docId=1000426311, Mac: http://www.amazon.com/gp/feature.html/ref=kcp_mac_ln_ar?docId=1000464931, Other devices including iPads, Android Tablet, Windows 8, and Smartphones:

http://www.amazon.com/gp/feature.html/ref=amb_link_361458882_3?ie=UTF8&docId=1000493771&pf_rd_m=ATVPDKIKX0DER&pf_rd_s=center-6&pf_rd_r=1XMNF53RXR317VTV4Z14&pf_rd_t=1401&pf_rd_p=1354791822&pf_rd_i=1000464931 

Because the “flowing text” in the e-book format varies from reader to reader, it is unlike a soft proof for printed books. PUBLISHER represents that the Digital Text Product will be professionally produced and will meet traditional publisher standards for all e-book venues.

(b)   AUTHOR acknowledges and agrees that AUTHOR will be able to download from AUTHOR’S Authorlog Account a soft proof of AUTHOR’S CONTENT in the ePub format for review in the Adobe Digital Reader. AUTHOR may download the Adobe Digital Reader at http://get.adobe.com/reader/  Because the “flowing text” in the e-book format varies from reader to reader, it is unlike a soft proof for printed books. PUBLISHER represents that the Digital Text Product will be professionally produced and will meet traditional publisher standards for all e-book venues.

(c)   AUTHOR acknowledges and agrees that AUTHOR will be able to download from AUTHOR’S Authorlog Account a soft proof of AUTHOR’S CONTENT in the PDF Print Format for review in the Adobe Reader. AUTHOR may download the Adobe Reader at http://get.adobe.com/reader/

(11) DELIVERY OF E-BOOK TO ONLINE E-BOOK RETAILERS

Once AUTHOR’S CONTENT is formatted for Mobi/Kindle and ePub, AUTHOR’S WORK will be uploaded to major e-book retailers, including Amazon’s Kindle NOOK by Barnes & Noble,  Apple’s iBookstore, Google Play Books, and Kobo together with such other e-book retailers as may be added from time-to-time. The e-book formats will be able to be read on iPad, iPhone, and iPod Touch and other reading devices, including smartphones, utilizing the Android technology.  Publication dates for the e-book retailers vary.

Delivery to e-book distributors is estimated as follows:

Amazon/Kindle-two to four business days from “Delivered” Date.

Apple iBookstore-two to four business days from “Delivered” Date.

Barnes & Noble/Nook-two to four business days from “Delivered” Date.

Google Play Books Approximately two to three weeks from “Delivered” Date.

Kobo: Approximately two to three weeks from “Delivered” Date.

(12) eCOVER DESIGN.

a. Basic eCover Design.  The Basic eCover Design features one main graphic or photo, a simple layout with easily read fonts, simple graphic and background color, utilizing a stock photograph or image.  AUTHOR supplies the main image for the cover. PUBLISHER offers the Basic eCover Design in its Writer and Wordsmith eBook PaKs.  Usually within seven (7) business days from AUTHOR’S completion of PUBLISHER’S Design Questionnaire and uploading of an image, a Basic eCover Design will be available for AUTHOR’S REVIEW in AUTHOR’S Authorlog™ Account.  PUBLISHER’S designers will make one revision of AUTHOR’S Basic eCover Design. Although AUTHOR will be able to print the eCover, because eCover graphics are utilized solely for web applications, they are at 72dpi, and will not have the same clarity as book covers designed for Print Products.

b. Custom eCover Design. The Custom eCover PaK includes a design that can contain several photos, textures, or graphics, creative text, images designed to share the storyline, and designs that reflect the character, setting, or theme of the book.  PUBLISHER offers the Custom eCover Design in its Storyteller, Artist, and Author eBook PaKs. Usually within seven (7) business days from AUTHOR’S completion of PUBLISHER’S Design Questionnaire and uploading of images (if any), a Custom eCover Design will be available for AUTHOR’S REVIEW in AUTHOR’S Authorlog™ Account.  PUBLISHER’S designers will make up to three revisions of AUTHOR’S eCover design. Although AUTHOR will be able to print the eCover, because eCover graphics are utilized solely for web applications, they are at 72dpi, and will not have the same clarity as book covers designed for Print Products.

(13) ISBN

PUBLISHER furnishes AUTHOR with an ISBN number that is affixed to AUTHOR’S WORK in the form of an eBook. ISBN is an acronym for International Standard Book Number. It is a thirteen digit number that uniquely identifies books and book-like products, including e-books. The ISBN number is unique to the eBook. For print, an additional ISBN number is required.  ISBNs do not expire, and there are no renewal fees; however, AUTHOR cannot reuse the ISBN furnished by PUBLISHER once it is assigned to AUTHOR’S WORK.

(14) COPYRIGHT REGISTRATION

 PUBLISHER provides the following services with respect to copyright registration in all of the eBook and eBook & Print PaKs except the Writer PaK:

1. Preparation of eCO (Electronic Copyright Office) registration form.

2. Submission  of eCO registration form with AUTHOR’S WORK (the “Deposit”) with filing fee to US Copyright Office within five business days next following the receipt by PUBLISHER of the AUTHOR’S manuscript following proofreading, AUTHOR’S corrections to proofreading, and final approval by PUBLISHER’S editors for publication; or within five business days next following PUBLISHER’S approval of the manuscript submitted by AUTHOR (Good Value E-Book Package]

3. Tracking of application, with notification sent to AUTHOR in AUTHOR’S Authorlog™ Account following confirmation of receipt of eCO registration form.

4. PUBLISHER notification of completion of processing (Usually a  minimum of three (3) months for eCO registration.

The foregoing services described in paragraphs seven (7) to fourteen (14) pertain to e-book conversion and publication.  If AUTHOR chooses to E-Book and Print Package, see additional provisions pertaining to a Print Product in succeeding paragraphs.

(15)  BASIC & CUSTOM PRINT BOOK COVER DESIGN [TRADE PAPERBACK]

a. Basic Print Design Cover.  The Basic Print Design Cover features one main graphic or photo, a simple layout with easily read fonts, simple graphic and background color, utilizing a stock photograph or image.  AUTHOR supplies the main image for the cover. PUBLISHER offers Basic Print Design Cover in its Writer and Wordsmith eBook PaKs.  Usually within ten (10) business days from AUTHOR’S completion of PUBLISHER’S Design Questionnaire and uploading of an image, a Basic Print Design Cover will be available for AUTHOR’S REVIEW in AUTHOR’S Authorlog™ Account.  PUBLISHER’S designers will make one revision of AUTHOR’S Basic Print Design Cover. The Basic Print Design Cover includes a simple graphic design for front, spine, and back cover, up to two hundred (200) words of copy, and placement of AUTHOR’S photo. Each round of revisions may take from five to seven business days.

b. Custom Print Cover Design. The Custom Print Cover Design includes a design that can contain several photos, textures, or graphics, creative text, images designed to share the storyline, and designs that reflect the character, setting, or theme of the book.  PUBLISHER offers the Print Cover Design in its Storyteller, Artist, and Author eBook & Print  PaKs. Usually within ten (10) business days from AUTHOR’S completion of PUBLISHER’S Design Questionnaire and uploading of images (if any), a book cover design will be available for AUTHOR’S review in AUTHOR’S Authorlog™ Account.   The Custom Print Cover Design includes full graphic design front and spine, back cover design, up to six hundred (600) words of copy, and placement of AUTHOR’S photo supplied by AUTHOR. PUBLISHER’S designers will make up to two revisions of AUTHOR’S Print Cover Design. Each round of revisions may take up to five to seven business days.

AUTHOR is responsible for selecting a trim size, cover finish, and interior paper type that are listed in the Design Questionnaire.

The cover designer will also lay out the rest of the cover, including the spine and the back cover.  Content and any photos of AUTHOR for the back cover will be provided by AUTHOR. AUTHOR acknowledges that the final layout of the full book cover (front cover, back cover and spine) cannot be completed until the interior book lay out is completed and AUTHOR provides the content and photo(s) for the back cover via AUTHOR’S Authorlog™ Account. AUTHOR further acknowledges that one round of minor changes (e.g., correction of typos, modification of font size) to the back cover is included. If AUTHOR wishes to make more extensive changes to the back cover such as changing images, colors, editorial changes to the text, etc.) AUTHOR acknowledges that the fee is $50.00 (fifty dollars) per hour, with a minimum $50.00 fee. All photos must be 300dpi or greater for Print.

AUTHOR warrants that AUTHOR has the unequivocal right, title, and interest in any photos or artwork to be used on the cover photos/artwork on AUTHOR’S book cover.

PUBLISHER uses its best efforts to create a professional book cover based on AUTHOR’s answers to PUBLISHER’S Design Questionnaire. If AUTHOR does not approve the cover concept and/or any revisions of the chosen cover concept created by PUBLISHER, AUTHOR, at AUTHOR’S expense, may hire AUTHOR’S own cover designer or pay PUBLISHER an additional $300.00 (three hundred dollars) for two (2) additional cover concepts by another designer. AUTHOR acknowledges that PUBLISHER can make no guarantees that AUTHOR will approve any of the cover concepts presented.

After AUTHOR approves the final cover design, and/or after the  first or second round of revisions (as applicable) of the chosen cover concept, any future changes to the cover design before AUTHOR approves the Soft Proof of AUTHOR’S WORK will cost $50.00 per hour, with a minimum charge of one hour. Such changes can take five to ten (5-10) business days.

16. INTERIOR BOOK DESIGN AND LAYOUT

In the event that AUTHOR chooses the Author AuthorServicePaK™, or in the event AUTHOR purchases the proofreading option, or any advanced editing,  AUTHOR acknowledges that AUTHOR’S WORK’S editing [including proofreading and optional edits chosen by AUTHOR] must be completed prior to the commencement of AUTHOR’S WORK layout.

One round of minor layout revisions (“Minor Layout Revisions”) is included as part of the Author ServicePaK™ Print PaK chosen by AUTHOR. Minor Layout Revisions include design changes (headers, breaks), typographical errors, punctuation, spelling, and/or extra spaces between characters or words that were not in the original submitted manuscript.

AUTHOR acknowledges that it is AUTHOR’S responsibility to carefully check all interior pages and cover elements for errors or omissions.

Once requested changes are made by PUBLISHER’S printer, the Print Product is locked, and not subject to further review, except by PUBLISHER.

17. COPYRIGHT REGISTRATION

PUBLISHER provides copyright registration in all of its AuthorServicePaKs™ except the Writer PaK. PUBLISHER shall file the eCO (Electronic Copyright Office) registration form in the name of the AUTHOR or AUTHOR’s designee based on the information provided by AUTHOR in the Copyright Registration Form in AUTHOR’S Authorlog™ Account.

If AUTHOR wishes to wait until after publication to file the copyright application (or if AUTHOR’S WORK was previously published), AUTHOR must  notify PUBLISHER, and provide PUBLISHER with two copies of AUTHOR’S WORK as it is sold/distributed to the public (the “Best Edition”) at AUTHOR’s expense.

It is AUTHOR’s responsibility to notify PUBLISHER in writing of AUTHOR’S intent to have the copyright application submitted after publication. All copies of AUTHOR’S WORK that are distributed to the public will bear a copyright notice in the name of the AUTHOR as prescribed by the applicable copyright laws of the United States.

18. ISBN, LCCN, and BAR CODE

PUBLISHER provides an ISBN and BAR CODE and affixes both on the back cover of AUTHOR’S Print Product. The ISBN identifies the name and contact information of PUBLISHER. Should AUTHOR or PUBLISHER terminate this Agreement, AUTHOR must remove PUBLISHER’s ISBN and BAR CODE from any future copies of AUTHOR’S WORK that AUTHOR publishes.

PUBLISHER, through the Preassigned Control Number (PCN) will obtain a Library of Congress Control Number (LCCN) sometimes referred to as Library of Congress Card Number for AUTHOR’S WORK. Once the LCCN is assigned, PUBLISHER prints the number on the copyright page of the softcover or hardcover book.

PUBLISHER will provide one (1) copy of the published book to the Library of Congress to validate AUTHOR’s LCCN..

19. INITIAL INVENTORY AND SUBSEQUENT BOOK ORDERS*

(a) Initial Inventory Order*

The number of books that are included in the Initial Inventory Order will vary, depending on the AuthorServicePaK™ purchased by AUTHOR. The Initial Inventory Order is sent from the printer directly to AUTHOR (or AUTHOR’s designee), to PUBLISHERs fulfillment warehouse (if PUBLISHER is providing fulfillment or other services for AUTHOR), or to a distributor chosen by AUTHOR.

AUTHOR acknowledges that it will take approximately ten working days from the time that the Soft Proofs are approved by AUTHOR to be printed, packed, and shipped to AUTHOR or AUTHOR’s designee.

(b) Reorders*

Reorders are all orders for copies of AUTHOR’S WORK placed by AUTHOR after the Initial Inventory Order. A minimum reorder of ten (10) books is required. Reorders are processed through AUTHOR’S “My Projects” portal in the Authorlog™ Account.

For Reorders, AUTHOR acknowledges that PUBLISHER will charge AUTHOR’S Wholesale Cost for Print Products, printer’s shipping costs, current transaction fee for credit card processing, and PUBLISHER’S Discount for Print Products.

AUTHOR acknowledges that all reorders will take approximately ten to twelve (10-12) business days to be printed, packed, and shipped.

*Notwithstanding any delivery dates set forth above, PUBLISHER is not responsible for printer delays in the delivery of AUTHOR’S WORK with respect to the Initial Inventory Order or any reorder.

20. LISTING OF PRINTED BOOK WITH ONLINE RETAILERS AND OTHER DATABASES

a. Listing of Print Products for Sale in Ingram Content Group database

For the Initial Term, AUTHOR’S WORK will be listed without charge in the Ingram Content Group database available to 38,000 retailers, libraries, schools and distribution partners worldwide. AUTHOR acknowledges that PUBLISHER has no control over how long it takes the initial listing of AUTHOR’S WORK to appear in the Ingram Content Group database, or how long it takes any to process any requested changes in metadata after AUTHOR’S WORK has been listed. Following the Initial Term, and for each Renewal Term thereafter, if AUTHOR intends for PUBLISHER to continue to list AUTHOR’S WORK in the Ingram Content Group database, AUTHOR must pay a renewal fee (“Renewal Fee”) charged by Ingram [presently $12.00] that shall be due and payable at the commencement of the first renewal year, and each renewal year thereafter,

b. Listing of Author’s Print Product in Bowker’s Books In Print

PUBLISHER shall list AUTHOR’s Print Product in Bowker’s Books In Print upon publication.

c. Listing of Author’s Print Product with Library of Congress

PUBLISHER shall list AUTHOR’S Print Product with the Library of Congress, including the acquisition of a Library of Congress Control Number (LCCN) for AUTHOR’s Print Product.

d. Delivery of Author’s Print Product to Library of Congress

PUBLISHER shall deliver Author’s Print Product to the Library of Congress following publication.

e. Participation in IBPA Promotional/Marketing Program

AUTHOR acknowledges that the promotional and marketing programs offered by PUBLISHER through the Independent Book Publishers Association (IBPA) are optional, only available to AUTHOR’S whose WORK has been proofread (at a minimum).  The costs of the IBPA Promotional/Marketing Programs are not included in the AuthorServicePaKs™.  For more information, AUTHOR should consult the Independent Book Publishers Association portal in AUTHOR’S Authorlog™ Account.

f.      Participation in Additional Promotional/Marketing Programs

AUTHOR may participate in such additional promotional/marketing programs that are offered by PUBLISHER from time to time.  AUTHOR acknowledges and agrees that AUTHOR shall be subject to the terms, conditions, and costs of any such programs.

21. PROOFREAD EDIT/OTHER EDITING SERVICES

If AUTHOR has purchased an Author AuthorServicePaK™ a proofread edit is included for seventy-five (75,000) words, with each word thereafter at $.01 per word.  Copy Edits or Line Edits are optional and are not included in the cost of the AuthorServicePaK™.  AUTHOR should consult “Advanced Editing” for more details.

22. NO REPRESENTATIONS AND WARRANTIES BY PUBLISHER WITH RESPECT TO SALES AND DISTRIBUTIONS:

PUBLISHER makes no guarantees regarding the minimum number of unit sales of AUTHOR’S WORK. In addition, PUBLISHER cannot guarantee that Licensees, retailers, or distributors will perform under any agreement they enter into with PUBLISHER for the sale, distribution or licensed use of AUTHOR’S WORK, including the payment of royalties they owe PUBLISHER  for the distribution of AUTHOR’S WORK. If a Licensee, retailer or distributor refuses to pay PUBLISHER for the use of AUTHOR’S WORK, AUTHOR agrees to assume responsibility for collecting any payments that may be due from such non-compliant Licensee, retailer, or distributor for any sale, distribution or licensed use of AUTHOR’S WORK if such third party fails or refuses to pay such amounts to PUBLISHER upon PUBLISHER’S request.

23. ROYALTIES, PAYMENTS FOR E-BOOKS SOLD BY ONLINE RETAILERS

AUTHOR earns AUTHOR’S Royalty Share of Digital Text Product Net Proceeds. PUBLISHER provides monthly sales reports to AUTHOR in AUTHOR’S Authorlog™ Account when there is activity in AUTHOR’S account.   AUTHOR may access reports of  AUTHOR’S Royalty Share of Digital Text Product Net Proceeds by clicking on the “My Royalties” icon in AUTHOR’S Authorlog™ Account.

AUTHOR acknowledges that AUTHOR must complete and return IRS Form W-9 provided by PUBLISHER, in order for PUBLISHER may remit payments for Net Royalties to AUTHOR.

AUTHOR acknowledges that AUTHOR’S Royalty Share of Digital Text Product Net Proceeds must meet or exceed twenty-five ($25.00) dollars (the “Net Royalty Minimum Disbursement”) before PUBLISHER remits payment. If AUTHOR’S Net Royalties are less than the Net Royal Minimum Disbursement in a given month, earnings will accrue until AUTHOR’s earnings meet or exceed Net Royalty Minimum Disbursement. Provided, however, in the event AUTHOR’S Net Royalties in a twelve-month period do not meet or exceed the Net Royalty Minimum Disbursement, AUTHOR will be paid the accumulated Net Royalties at the end of the calendar year in which the Net Royalties are earned.

It takes approximately forty-five (45) to one- hundred twenty (120) days for royalties from sales of AUTHOR’S WORK to be disbursed to PUBLISHER. This varies by e-bookstore, and depends on how quickly stores report their sales to PUBLISHER.  When received, sales reports from online e-bookstores are immediately posted to AUTHOR’S Authorlog™ Account in the “My Royalties” portal.

PUBLISHER makes royalty payments to AUTHOR that meet or exceed the Net Royalty Minimum Disbursement on the first day of that month next following receipt of royalty payments from any third party.  Payments are disbursed with ACH deposit (for AUTHORS with US bank accounts), or through PayPal.

24. ROYALTIES, PAYMENTS FOR PRINTED BOOKS SOLD BY ONLINE RETAILERS

AUTHOR REVENUES AND SHIPPING COSTS FOR PRINTED BOOKS

AUTHOR purchases AUTHOR’S print products directly from PUBLISHER at AUTHOR’S Wholesale Cost For Print Products, together with shipping costs, transaction fees for credit card payment, and PUBLISHER’S Discount for Print Products.

All revenues realized by AUTHOR for Print Products are derived from retail sales made through AUTHOR’S distribution and sale of AUTHOR’S printed books, unless revenues are realized from PUBLISHER’S e-bookstore(s), AMAZON’S Fulfillment Services1, or orders through the Ingram Content Group database fulfillment program2. AUTHOR may offer AUTHOR’S Print Products at venues chosen by AUTHOR, including, but not limited to, AUTHOR’S Profile Page, AUTHOR’S website, writer events, book fairs, personal appearances, books placed in independent bookstores, and such other locations as AUTHOR may choose.

1Additional distribution through Amazon.com Fulfillment Services is handled on an individual basis. If AUTHOR elects to utilize Amazon’s Fulfillment Services, AUTHOR’S Variable Royalty on Print Products will be subject to additional Discounts charged by Amazon.com. Details of the Amazon Fulfillment Services program are available in Authorlog™.

2 Most Independent bookstores utilize the Ingram Content Group database to order print books. Should AUTHOR’S printed book be ordered through Ingram, AUTHOR’S Variable Royalty on Print Products will be subject to additional Discounts charged by Ingram Content Group. Details of the Ingram Content Group database fulfillment program are available in Authorlog™.

25. “WE GUARANTEE IT”.

PUBLISHER’S “WE GUARANTEE IT” Program states that the AUTHOR’S WORK as a Digital Text Product and a Print Product will have the same professional appearance as similar products produced by the Big Five Publishers.  PUBLISHER represents to AUTHOR that AUTHOR’S WORK as viewed by the “reasonable man standard” will be comparable with traditional publishing products.  With respect to Print Products, comparisons are restricted to Print Products produced by Big Five Publishers using similar formatting techniques, printing methods, basis weight in paper, with specific reference to generally used standard paper in the printing trade for trade paperback and similar works, together with similar cover stock.  AUTHOR acknowledges that PUBLISHER’S representations and warranties are strictly with respect to physical appearance and not AUTHOR’S CONTENT.

26. AUTHOR’S WARRANTIES AND INDEMNITIES

(a)        AUTHOR has the full right, power, and authority to act on behalf of any and all owners of any right, title or interest in and to AUTHOR’S CONTENT, Authorized Artwork, and metadata.

(b)        AUTHOR owns or controls the necessary rights in order to make the grant of rights, licenses and permissions herein, that AUTHOR have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within AUTHOR’S CONTENT, and to use such individual’s identifying or personal information (to the extent such information is used or contained in AUTHOR’S CONTENT) as contemplated by this Agreement. Furthermore, AUTHOR represents that the exercise of such rights, licenses and permissions by PUBLISHER, PUBLISHER’S eBook Aggregators, and Licensees shall not violate or infringe the rights of any third party.

(c)        AUTHOR’S CONTENT does not plagiarize or pirate any other work or infringe upon any copyright, trademark or other proprietary right.

(d)        AUTHOR’S CONTENT does not contain SEO keyword “spam,” either in AUTHOR’S manuscript or AUTHOR’S metadata tags.

(e)        AUTHOR’S CONTENT does not contain multiple hyperlinks to advertisements or affiliate marketing pages.

(f)         AUTHOR’S CONTENT does not contain any advertisements of content that is primarily intended to advertise or promote products of services.

(g)        AUTHOR’S CONTENT does not violate any right of privacy that is libelous or violate any personal right or other right of any kind of any person or entity.

(h)        AUTHOR’S CONTENT does not violate state and federal laws or advocate illegal activities.

(i)        AUTHOR’S CONTENT does not advocate hateful, discriminatory or racist views or actions toward others.

(j)         Any and all instruction, material, or advice contained in AUTHOR’S CONTENT is not likely to result in injury and AUTHOR’S CONTENT includes appropriate warning and safety precautions concerning any particular hazards that may be involved in the use of any such instruction, material or advice.

(k)        AUTHOR’S CONTENT is not a public domain work (unless AUTHOR is the true author) and is not sourced or copied, either in part or in entirety, from commercial services, articles, or information sources which have been licensed to others.

27. INDEMNIFICATIONS BY AUTHOR

(a) Indemnification. AUTHOR agrees to indemnify, save, and hold PUBLISHER harmless from any and all damages, claims, liabilities, costs, losses and expenses including, but not limited to, legal costs and attorneys’ fees, (collectively, “Claims”) arising out of or connected with any claim, demand, or action which is inconsistent with any of the warranties, representations, covenants or agreements made by AUTHOR in this Agreement, including, but not limited to, AUTHOR’S representations and warranties regarding copyrights or any other rights in and to any other forms of intellectual property. AUTHOR will reimburse PUBLISHER, on demand, for any payment made by PUBLISHER at any time with respect to any damage, liability, cost, loss or expense arising out of Claims to which the foregoing indemnity applies. Pending the determination of Claims, PUBLISHER may, at PUBLISHER’S election, withhold payment of any monies otherwise payable to AUTHOR hereunder in an amount which does not exceed AUTHOR’S potential liability to PUBLISHER pursuant to the provisions of this paragraph.

(b) Indemnification Request. If PUBLISHER makes an indemnification request to AUTHOR under this Section, PUBLISHER may permit AUTHOR to control the defense, disposition or settlement of the matter at AUTHOR’S expense, provided that AUTHOR shall not, without PUBLISHER’S prior written consent, enter into any settlement or agree to any disposition that requires any admission of liability by PUBLISHER or imposes any conditions or obligations on PUBLISHER other than the payment of monies that are readily measurable for purposes of determining AUTHOR’S monetary indemnification or reimbursement obligations to PUBLISHER. If PUBLISHER, in PUBLISHER’S reasonable and good faith judgment, concludes that AUTHOR is not capable of defending AUTHOR’S or PUBLISHER’S interests against any Claims, then PUBLISHER shall have the option to control the defense in any matter or litigation through counsel of PUBLISHER’S choosing to defend against any such Claims, in which event AUTHOR shall be responsible to reimburse PUBLISHER for any and all expenses associated with retention of counsel in defense of such Claims.

These warranties and indemnities will survive the termination of this Agreement.

28. PERMISSION FOR COPYRIGHTED MATERIAL

If AUTHOR incorporates in AUTHOR’S WORK any copyrighted material, AUTHOR will procure, at AUTHOR’S expense, written permission to reprint the material. AUTHOR agrees to retain all such written permissions. AUTHOR agrees to deliver all such written permissions to PUBLISHER at PUBLISHER’s request.

29.  DIGITAL MILLENNIUM COPYRIGHT ACT

If AUTHOR contends that any material contained in the PUBLISHER Website or a PUBLISHER Imprint Website infringes AUTHOR’S copyright, AUTHOR may notify PUBLISHER of AUTHOR’S copyright infringement claim in accordance with the following procedure.

PUBLISHER will process notices of alleged infringement that PUBLISHER receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to the PUBLISHER’S Designated Agent who is:

Al Simons
Madison Avenue Publishing Inc.

Email: al.simons@madisonavenuebooks.com

To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c)(3):

  1. A physical or electronic signature of AUTHOR as owner or as a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit PUBLISHER to locate the material;
  4. Information reasonably sufficient to permit PUBLISHER to contact AUTHOR, such as an address, telephone number, and, if available, an electronic mail address at which AUTHOR may be contacted;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    1. A statement, made under penalty of perjury, that the information and the notification is accurate and that AUTHOR is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

E-mails sent to al.simons@madisonavenuebooks.com for purposes other than communication about copyright claims may not receive an acknowledgement or response.

30.      ADDITIONAL SERVICES BY PUBLISHER

Any additional services provided by PUBLISHER are governed by terms and conditions respecting such services.

31.      TERMS OF SERVICE & PRIVACY POLICY PROVISIONS INCORPORATED FOR ALL PURPOSES

PUBLISHER’S Terms of Service and Privacy Policy are fully incorporated in this Agreement as though fully set forth herein.  To the extent there is a conflict between the provisions herein and the provisions therein, the terms herein shall prevail.

32.   MISCELLANEOUS  PROVISIONS

a. Notices

All notices required or permitted under this Agreement shall be delivered to AUTHOR’S Authorlog Account by PUBLISHER, and sent to PUBLISHER from AUTHOR in AUTHOR’S Authorlog Account.  In the event AUTHOR’S Authorlog Account has been closed by AUTHOR or PUBLISHER, AUTHOR may e-mail notices to publisher@madisonavenuepublishing.net  and PUBLISHER may send notices to AUTHOR’S e-mail account.  In the event AUTHOR’S e-mail account is no longer available, PUBLISHER may send a written notice to AUTHOR’S mailing address as set forth in AUTHOR’S Authorlog Account Application.

b. Entire Agreement

This Agreement contains the entire agreement between PUBLISHER and AUTHOR, whether oral or written, except for PUBLISHER’S Terms of Use and Privacy Policy that are incorporated herein for all purposes. This Agreement supersedes any prior written or oral agreements between PUBLISHER and AUTHOR.

c.   Severability

If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.

d.    Modification

PUBLISHER may modify this Agreement with ten (10) days’ written notice to AUTHOR in the manner for such notices as set forth herein.  Any modification by PUBLISHER shall not affect AUTHOR’S CONTENT or AUTHOR’S WORK that is in process with PUBLISHER.

e.     Waiver

The failure of either PUBLISHER or AUTHOR to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.

f.      Applicable Law

The validity, interpretation, construction. performance, enforcement, and remedies of or relating to this Agreement, and the rights and obligations of the parties hereunder, shall be governed by the laws of the State of New York (without regard to the conflict of laws, rules, or statutes of any jurisdiction), and every legal proceeding arising out of or in connection with this Agreement shall be brought in New York, New York, each of the undersigned parties hereby consenting to the exclusive personal and subject matter jurisdiction of said courts for this purpose.

g.    Prevailing Parties

The prevailing party in any suit brought by either party hereto to enforce the terms hereof shall he entitled to recover from the non-prevailing party all of said prevailing party’s reasonable costs, distributions, and attorneys’ fees, including all collection costs and attorneys’ fees incurred in attempting to collect any judgment obtained arising out of legal proceedings brought hereunder.

h.    Agreement deemed executed by AUTHOR when utilizes PUBLISHER SERVICES

This Agreement shall be deemed executed by AUTHOR when AUTHOR purchases AUTHOR SERVICES from PUBLISHER.

i.      Limitation of Liability; Basis of the Bargain

(i) PUBLISHER SHALL NOT BE LIABLE TO AUTHOR FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THE BREACH OF THIS AGREEMENT OR ANY TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE, EVEN IF PUBLISHER HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. PUBLISHER SHALL ALSO NOT BE LIABLE FOR ANY ROYALTIES, FEES, PAYMENTS OR DAMAGES ARISING OUT OF THE FAILURE OF ANY E-BOOK LICENSEE, RETAILER, OR DISTRIBUTOR TO PAY PUBLISHER OR AUTHOR ANY ROYALTIES THAT ARE DUE FOR ANY USE OR MISUSE OF AUTHOR’S CONTENT  OR AUTHOR’S WORK, WHETHER PURSUANT TO AN EXISTING, EXPIRED OR TERMINATED AGREEMENT WITH PUBLISHER OR OTHERWISE. PUBLSIHER’S TOTAL LIABILITY TO AUTHOR FOR ANY BREACH OF THIS AGREEMENT SHALL IN ALL INSTANCES BE LIMITED TO THE AMOUNT OF MONIES ACTUALLY PAID TO AUTHOR BY PUBLISHER FOR THE DISTRIBUTION OR LICENSING OF AUTHOR’S CONTENT OR AUTHOR’S WORK DURING THE SIX (6)-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF AUTHOR’S CLAIM AGAINST PUBLISHER.

(ii) APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO AUTHOR. IN SUCH CASES, AUTHOR AGREES THAT BECAUSE SUCH DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN AUTHOR AND PUBLISHER, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN AUTHOR AND PUBLISHER, PUBLISHER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. AUTHOR UNDERSTANDS AND AGREES THAT PUBLISHER WOULD NOT BE ABLE TO OFFER ITS SERVICES TO AUTHOR ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS AND WOULD NOT OFFER SUCH SERVICES ABSENT A LIMITATION OF LIABILITY.

j.      Currency

All dollar amounts set forth in this Agreement and those incorporated as part of this Agreement are in U.S. Dollars.

k.     Agreement to Govern AUTHORS WORK for multiple submissions.

It is the intent of the parties that the provisions of this Agreement shall govern the rights and responsibilities of the parties with respect to any and all transactions between them with respect to publishing services.

This Agreement shall be   deemed fully executed when executed electronically by an officer of PUBLISHER, and when AUTHOR purchases PUBLISHER SERVICES from PUBLISHER.

Madison Avenue Publishing Inc.

A New York Corporation