Agreement for the Production, Printing, Distribution, and Retail/Wholesale Sale of Manuscript
- AUTHOR RETAINS 100% OF THE RIGHTS AND COPYRIGHT LICENSES to the submitted manuscript and all other material submitted to Nextone, Inc (doing business as Palmetto Publishing).
- Author RETAINS ALL RIGHTS to distribute and sell the manuscript in other print and digital formats.
- Author grants Palmetto Publishing, a NON-EXCLUSIVE, worldwide license to distribute and sell the manuscript in print and/or digital form; author grants Palmetto Publishing the non-exclusive right to exhibit manuscript in part on websites or promotional materials owned by Palmetto Publishing; author grants Palmetto Publishing the non-exclusive right to store and transmit digital versions of manuscript to facilitate production, distribution, and sale of manuscript.
- Palmetto Publishing will produce a book version of the manuscript, referred henceforth as “Title.” Author grants Palmetto Publishing the non- exclusive right to exhibit, print, and distribute any and all related materials submitted in conjunction with Title, which includes, but is not limited to, cover art, interior and exterior images and concepts, author’s photograph, summaries, quotes, testimonials, and author’s biography, and furthermore grants Palmetto Publishing the right to exhibit Palmetto Publishing logos or verbiage on any applicable submitted materials.
II. ROYALTIES & PRICING
- AUTHOR RECEIVES 100% OF THE ROYALTIES PROFIT for each wholesale print copy sold for which Palmetto Publishing receives payment. Royalties Profit is defined as the difference between the Wholesale Price and the POD Manufacturing Price (“POD price”). The Wholesale Price is determined by applying the Trade Discount to the Suggested Retail Price. The POD Price is determined by Palmetto Publishing.
- While Palmetto Publishing may recommend a Suggested Retail Price (SRP) that conforms to industry-standards, the AUTHOR MAY SET THEIR OWN SUGGESTED RETAIL PRICE to any reasonable price ending in .99 cents, provided the SRP exceeds the Wholesale Price.
- AUTHOR MAY SET THEIR OWN ROYALTY by adjusting their Retail Price and the Trade Discount. Since the author receives 100% of the Royalties Profit, the Author’s Royalty Profit increases as the Retail Price increases. Likewise, the Author’s Royalty Profit decreases as the Retail Price decreases.
- Author may purchase additional discounted copies of the Title, in the minimum quantity established by Palmetto Publishing as set out on the Palmetto Publishing website, for the Print Price specified by Palmetto Publishing for each format of Title, plus applicable shipping and handling charges. The Author’s discounted price is always BELOW WHOLESALE. The per-copy POD Price will remain unchanged for a minimum of one year after which the POD Price may be moderately changed every year to reflect changes in the price of production. Author understands that a change in the POD Price, without adjusting the Retail Price, will affect the Author’s Royalty and Author’s discounted price..
- While Palmetto Publishing recommends a Trade Discount of no lower than 40%, AUTHOR MAY SET THEIR OWN TRADE DISCOUNT for each format. The Trade Discount percentage is applied to the SRP of the Title to calculate the Wholesale Price. The Trade Discount set by the author must be at least 30% in order to secure Digital Distribution for each print format and cannot exceed 55%. The degree to which Digital Distribution is effective depends, in part, on the Trade Discount set by the author, and author understands that any Trade Discount less than 55% may result in less-than-optimal stocking and/or availability with online retailers such as Amazon and Barnes & Noble, etc. Author further understands that while Palmetto Publishing submits every 30%+ book to our distribution channels and wholesalers, distributors, and retailers (both off-line and on-line) are under no obligation to stock, order, re-order, carry, or list every book that is published.
- Palmetto Publishing sets the POD Price. The POD Price depends upon the Publishing Package selected, the format of Title, and the total number of interior pages in the final digital file to be printed. Since the total number of pages of the digital file cannot be known until the final digital file is printed, any Print Prices or Page Counts displayed on the website or communicated via email by the Author or Author Representative are estimates until the book is printed.
- Royalties are paid to Author within 30 days following the end of the calendar quarter in which Royalty Profits (as defined above) are received by Palmetto Publishing, (typically the Royalty Profits will be received in 4th months from the end of the month atter the sale of wholesale copies of the Title – e.g. sale in June, receipt of Royalty Profits in October, payment of Royalty Profits to author in January) once the total accrued Royalty Profits meets or exceeds $10. You will not receive proceeds from sales of used copies of the Title, sales of the Title to yourself, or copies of the Title supplied to anyone free of charge. Royalties are paid by ACH or check (with a fee of $1.99) mailed to the Author’s address on file. Checks not cashed by the Author within 90 days of issue will be cancelled by the bank and subject to a $35 administrative fee if the Author requests a replacement check. The author is responsible for maintaining a current address with Palmetto Publishing. Any royalty check which is returned as undeliverable due to an outdated address in the Author’s Center will be re-issued to the author within 90 days of the author’s request (administrative fees, defined herein, apply). Any royalties unclaimed after two years revert to Palmetto Publishing. Palmetto Publishing will withhold payment of royalties when there are overdue amounts, such fees for services or products already delivered. An author who is a US citizen subject to US income tax must provide a valid taxpayer identification number and a complete and signed form W-9 through our payment provider, which Palmetto Publishing will, in turn, provide to the United States Internal Revenue Service. Any irregularity or inaccuracies the U.S. Internal Revenue Service identifies in regard to the provided taxpayer identification number, or the information provided on form W-9 will result in the non-payment of accrued royalties; so it is the author’s sole responsibility to provide correct and accurate tax identification information.
III. PALMETTO PUBLISHING SERVICES
- Palmetto Publishing will make all reasonable efforts to produce, print, and distribute (as set forth for each Publishing Package and in accordance with the Author’s Selected Trade Discount) Title within 90 days of both Author’s approval to proceed with Production and Palmetto Publishing’s receipt of all acceptable materials required from Author in conjunction with Title. Palmetto Publishing is not responsible for delays caused by the author due to non-responsiveness or inability to appropriately deliver acceptable materials, nor do the days of author inactivity apply toward the timeframe set forth above.
- Palmetto Publishing reserves the right to reject any manuscript and/or any related material at any time prior to publication for any reason. A rejection of the manuscript or other material prior to publication for which the author is unable to provide an acceptable substitute warrants a full refund of all monies paid to Palmetto Publishing, provided the manuscript or other material does not violate the terms and conditions set forth in Section IV below.
- Unless otherwise supplied by and notified in writing by the Author, Palmetto Publishing will design the interior pages, front cover, back cover, and spine according to professional standards, specifications, and industry best practices. Unless otherwise supplied by and notified in writing by the Author, Palmetto Publishing will assign a unique ISBN for each print format of Title. Palmetto Publishing will prepare the digital files necessary to print and distribute the Author’s manuscript in book form as set forth herein.
- Due to the volume of books printed, it is not feasible to review each individual printed page of each book produced, and due to the one- at-a time printing process inherent in POD printing, it is not feasible to guarantee that each individual book will look identical to the next. However, all reasonable efforts are made to ensure the following: All pages are included in the book according to the author approved proof; cover is applied within 1/16” variance; binding is applied and squared to the book page block without excessive visible adhesive; book is cut square according to the Author’s selected trim size within 1/16” variance; cover and interior match the author approved proofs; print registration is within +/- 1/16” variance. Any book falling outside the scope of these specifications may be returned to the printing establishment for, and only for, a free replacement copy.
IV. AUTHOR WARRANTIES & RESPONSIBILITIES
- Author must possess the technical means and knowledge to submit their manuscript to Palmetto Publishing and provide the necessary book information (title, synopsis, pricing, etc), as required for production, distribution, and sale.
- Author understands that materials may only be submitted electronically, and Palmetto Publishing is not responsible for loss or damage to any materials submitted via the mail.
- Author represents and warrants that Author is the sole owner of the manuscript and all material submitted in conjunction with Title, including all submitted art work, interior images, and photograph(s) of Author(s). Author represents and warrants that Author has full power and authority to enter into this agreement and to provide to Palmetto Publishing for reproduction and distribution all material submitted. Author represents and warrants that the submission of the manuscript and all other material, does not conflict with or violate any arrangement, understanding, or agreement between the Author and any other persons or entities. Furthermore, author represents and warrants that the manuscript and all material submitted in conjunction with Title is entirely original, free of liens, claims, or interests of any kind; is not slanderous, pornographic, obscene, libelous, or defamatory; and does not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademarks, privacy rights, or publicity rights of other persons or entities.
- Author represents and warrants that s/he is eighteen years of age or older. If Author is under the age of 18 years of age, then Author represents and warrants that Author’s parent or legal guardian is executing this Agreement and assuming all liability for the warranties and responsibilities set forth herein.
V. TERM & TERMINATION
- This agreement shall remain in effect until terminated by either party as set forth in this Agreement.
- Author may terminate this Agreement at any time with 30 days prior written notice to Palmetto Publishing. Upon termination by Author before Author approves production on Title all submitted fees are refundable. Upon termination by Author either after Author approves production on Title or after receipt of production approval, all submitted fees become non-refundable. Any accrued author Royalties will be paid as set forth in Paragraph 12.
- Palmetto Publishing may terminate this Agreement at any time and immediately cease print availability of Title upon any legitimate claim that Title violates the copyright or other legal rights of any person or entity, or upon the discovery by Palmetto Publishing that Author has violated any of the Warranties or Representations in Section IV above. In such case, all submitted fees become non-refundable and all accrued author Royalties will be paid as set forth in Paragraph 12.
- Upon termination, all rights granted within this agreement revert back to the author and within 30 days Palmetto Publishing will cease all print availability of Title and will cancel/remove the digital files of Title from distribution, thus preventing any further printing of Title. However, Palmetto Publishing is not responsible for the failure of any third-party distribution, retail, or marketing sources to remove Title from listing, display, or sale.
VI. INDEMNIFICATION AND LIMITATION OF LIABILITY
- Author shall defend, indemnify and hold harmless Palmetto Publishing its parent companies, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents from and against any and all third-party claims, actions, proceedings, damages, and expenses (including reasonable attorneys’ fees and applicable costs of in-house counsel), in connection with a breach or alleged breach of the representations and warranties made in this Agreement. This includes any and all claims of copyright or ownership infringement by publication of Title and all claims for damages caused by the negligence of Author.
- Author acknowledges that due to the nature of the Internet, digital content may be sold in geographic territories for which neither Author nor Palmetto Publishing has territorial rights. Author waives any claim for damages against Palmetto Publishing for sales in territories for which it does not have the right to sell or distribute the digital content.
- Any delay or failure of Palmetto Publishing to perform its obligations under this Agreement shall be excused if and to the extent that such delay or failure is caused by an event beyond the reasonable control of Palmetto Publishing, including without limitation, any act of God, act of terrorism, actions by any government authority, fires, floods, natural disasters, riots, wars, labor problems, failure of or interruptions in telecommunications or data transmission systems, or the inability to obtain materials, labor, equipment or transportation.
- All services and products provided by Palmetto Publishing under this agreement are provided on an “as-is” basis. Palmetto Publishing does not warrant that the service or product provided will be uninterrupted or error free. Palmetto Publishing disclaims any and all representations and warranties, expressed or implied, including, without limitation, the implied warranties of merchantability, salability, or noninfringement of copyright. Palmetto Publishing’s total liability to Author or any third-party for any and all damages shall not exceed in the aggregate the amount of fees actually paid by Author to Palmetto Publishing during the one-month period prior to Palmetto Publishing’ act giving rise to the liability. To the maximum extent permitted by applicable law, in no event shall Palmetto Publishing, its parent companies, subsidiaries, or affiliates, or any of their respective officers, directors, employees, or agents be liable for punitive, consequential, incidental, exemplary, indirect, or special damages, including without limitation damages for loss of profits, revenues, business data, or other intangibles, whether or not such damages were foreseeable and even if Palmetto Publishing had been advised of the possibility or likelihood of such damages.
- All warranties and indemnifications made by Author herein shall survive termination of this Agreement and any license granted hereunder.
- Palmetto Publishing reserves the right to revise and update the terms of this Agreement at any time and at its sole discretion. All changes are effective immediately upon posting the revised Agreement to the Palmetto Publishing website and apply to all use of the Palmetto Publishing website and to all services provided by Palmetto Publishing thereafter. The most current version of this Agreement will supersede all previous versions and will be always available for Author’s review on the Palmetto Publishing website. Author’s continuing to offer title for sale through Palmetto Publishing and/or Author’s continued use of the Palmetto Publishing website in any manner following posting of the revised Agreement constitutes Author’s agreement and acceptance of the most current version of this Agreement unless Author terminate this Agreement pursuant to the terms of Paragraph 22.
- This Agreement shall be governed exclusively by and construed according to the laws of the State of South Carolina, without giving effect to conflicts of law principles. Any legal action related to the terms of or obligations arising under this Agreement shall be brought in the District Court of Charleston County, State of South Carolina.
By proceeding with the full or partial payment of your publishing package, you, as the Author, agree to be bound by its terms and conditions.