123Triad Web Design

123Triad Publication

________________________, referred to as AUTHOR, and ________________________, referred to as PUBLISHER, agree:

TITLE AND CONTENT OF WORK

AUTHORS shall prepare and deliver to PUBLISHER a manuscript for a book to be entitled: _________________________ provided that the title to the same may be changed by the PUBLISHER on agreement with the AUTHOR, but AUTHOR’s consent shall not be unreasonably withheld.

AUTHOR shall deliver two complete copies of the manuscript on 8.5” by 11” double spaced type written pages, and if available on IBM-PC compatible disk in ASCII format. The manuscript shall be of an approximate length of _______ words, but, with illustrations and other material, shall not exceed ______ published pages.

The delivered manuscript shall be due on no later than __________________________.

AUTHOR warrants that the text so delivered is original material of the AUTHOR and does not infringe on any copyright or agreement to which the AUTHOR is party. AUTHOR may include in the manuscript copyright material from others. AUTHOR shall clearly identify such portions of the work and AUTHOR shall furnish proof satisfactory to the PUBLISHER that permission has been obtained for such use, or is a fair use under the copyright code. In the event that material prepared by the United States Government is contained in the book, AUTHOR shall identify the same.

The PUBLISHER shall have the right to make reasonable editorial changes or revisions, in good faith business judgment, and AUTHOR shall promptly review and inform PUBLISHER of AUTHOR’s concurrence or disagreement with such changes. In the event that the parties do not agree on such changes, PUBLISHER shall have the right to treat the same as a voluntary termination of the agreement as to the AUTHOR and will have the rights stated in the involuntary termination section of this agreement.
VOLUNTARY TERMINATION
The PUBLISHER shall have the right to discontinue publication, if in its reasonable discretion the same is no longer warranted in its business judgment. At any time if there is no edition of the work offered for sale by PUBLISHER, or, by a party licensed or authorized by PUBLISHER, the AUTHOR may make written demand for re-publication. In the event that within six months the PUBLISHER does not agree to republish, and in the event that it does not in fact republish within a total time, from the time of demand, of one year, rights shall revert to the AUTHOR, provided that all contracted for rights shall continue.
INVOLUNTARY TERMINATION
In the event of an involuntary termination, the PUBLISHER may treat the same as a breach of the contract and either:
(a) As liquidated damages for the breach, and not a penalty, as damages are difficult to ascertain, AUTHOR shall pay the amount of the advance to PUBLISHER within 15 days of notice;
(b) The PUBLISHER may make such other arrangements, in good faith and consistent with reasonable business practices, as it may deem appropriate including but not limited to charging the cost of corrections to the AUTHOR, either as a fee or as a percentage of the royalty. 
ROYALTIES
The AUTHOR shall receive the following royalties:
(a) ____% of the PUBLISHER’S net receipts for works sold in the United States except through book clubs;
(b) ____% of the PUBLISHER’s net receipts for each copy of the work sold directly by PUBLISHER through mail or phone orders to the PUBLISHER;
(c) ____% of the PUBLISHER’S net receipts in the event that the PUBLISHER sells, assigns or licenses it rights to others;
(d) ____% of the PUBLISHER’s net receipts from sales overseas;
(e) ____% of the PUBLISHER’s net receipts from sales of serialization, movie or television rights;
(f) ____% of the PUBLISHER’s net receipts from any other sales of rights not otherwise provided for.

The parties agree that no payment will be required for:
(a) not for profit publication of the work or a derivative work in Braille or other editions for physically challenged individuals;
(b) any copies of the work or extracts from the work furnished by PUBLISHER to others for promotion or publicity.

The PUBLISHER shall render an accounting of sales together with payment on a quarterly basis, in arrears, within 30 days of the conclusion of each quarter, together with payment. PUBLISHER may, in its discretion, withhold a reasonable sum against returns.  PUBLISHER shall provide AUTHOR or its representative with access to all books and records related to such royalty calculation on reasonable prior notice. Such accountings shall be deemed to be final if no objection or request for audit is received by the PUBLISHER within 1 year following settlement. In the event of a dispute, the parties shall appoint a disinterested certified public accountant to conduct an audit.  Each party may present argument or materials to the certified public accountant. The decision of the certified public accountant shall be final and may be entered as a judgment in any court with jurisdiction. The cost of the audit shall be paid by the prevailing party. In the event that the parties cannot agree on a disinterested certified public accountant, each party shall appoint a certified public accountant and the two shall appoint a third certified public accountant, and the majority of those persons shall appoint the single disinterested Certified Public Accountant. The expense of the panel of appointment shall be borne by each party equally.

Any sums owing from the AUTHOR to the PUBLISHER, for any reason, may be withheld from royalties, which are due.
AUTHOR’S COPIES
The PUBLISHER shall provide ____ complimentary copies of the work to the author. The AUTHOR may also purchase additional copies for personal use and not for resale at 50% off stated retail.
COPYRIGHT
Promptly after publication PUBLISHER shall at its expense register copyright for the work in the name of the author as the agent of the AUTHOR. 

Dated: ____________________

___________________________________
________________________By Author. Social Security Number: ________________.

___________________________________
_______________ By Publisher
        
 
123Triad Publication, Agreement
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  This 123Triad Publication Agreement can be used for various other authoring projects such as software, magazines, and the like.  You can also substitute a one-time fee for the royalty portions of this Agreement.  In fact, this is what we do in most instances at Simply Media to avoid false expectations, on the high side, about royalties, and to close out the issue from our point of view as the Publisher.  This is a business decision and entirely up to your discretion.

1. Make multiple copies.  Give one to Author and keep one in the Author/project file and another in a master file for your publication agreements.