The parties to this Agreement wish to publish the hardcover or electronic edition of Author’s literary work ("Work") of any genre, including short tales ("Micro Tales"). The two parties agree as follows: 1. Author shall deliver to Publisher original Work content. 2. Author grants to Publisher the exclusive rights to print, publish, distribute, sell and license the rights to any and all editions and/or formats of the Work, in whole or in part, in any language throughout the world. 2a. Author grants to Publisher the exclusive right to Electronic versions of the Work. (Electronic versions shall be defined as online and digital reproductions and displays of the verbatim text and illustrations of the Work, or excerpts.) 2b. These rights shall be granted to the Publisher for a period of one hundred (100) years from date of this agreement. 3. The Author vows that the work is his/her; that the Work will not infringe upon the personal rights of or give rise to any claim by any third party, including, without limitation, claims in defamation, privacy, copyright, or trademark; and that the Author has the authority to grant the Publisher the rights granted in this agreement. Publisher will have no obligation to publish any part of the Work, which in its opinion would infringe upon such rights of any third party. 4. The Author grants the Publisher all the rights to make any changes or alterations to the Work as needed for publishing. The Publisher will have final authority over the design, format and style of the Work, including text, graphic material and dust jacket art. In all matters of design, format and style, Publisher may, in consultation with the Author, present graphic materials to the Author, who will have the right to request changes to such materials and such requests may not necessarily be entertained. 5. The Publisher will have final approval over the promotion of the Work. That is, (s)he will decide when/if the author tours and where, and how. The Publisher will have the right to approve how the Work will be described in publicity materials. 6. No agreements to payment or royalty are being signed between the Author and the Publisher. 6a. Publisher may share with the Author details of the net receipts (“Net Receipts”) as defined below. Publisher shall be entitled to retain all of the reserve for meeting the operational costs. Net Receipts shall mean 100% of all gross sums received by or credited to Publisher from sales of the Work and from licensing of any domestic rights in the Works, less the direct costs (“Direct Costs”). Direct Costs shall mean the costs actually incurred by Publisher in connection with the paper, printing and binding of the Work and galleys, of maintaining electronic media (websites, emails, computers etc.) of shipping the Work and galleys, or preparing and mailing publicity materials, or promotional expenses, but shall not include the cost of Publisher’s overhead or the salaries of Publisher’s employees. 7. In the exceptional case that the "Net Receipts" amount exceeds the "Operational Costs" at any point of time during the period of this agreement, the Publisher may decide to share the "Net Profits" with the Author. This decision will be totally on the Publisher's discretion, and the Author shall not hold the Publisher responsible for any form of payments whatsoever. Operational Costs shall include, but are not limited to Direct Costs, the Publisher's overhead costs including staff salaries, and resource management. Net Profits shall mean Net Receipts less the Operational Costs. 8. No sums of money or gifts of any monetary value will be due the Author under this Agreement unless specified in Paragraph 7. 9. Publisher will not be held responsible to give the Author updates, when (s)he requests them, concerning the Work’s sales and general progress, UNLESS the Author explicitly requests for the updates, AND the "Net Receipts" amount exceed the "Operational Costs" at the time of the Author's request. 10. All rights to the Work not expressly granted to The Publisher here will remain, always, with the Publisher for the period of this agreement. The Publisher can sell television rights, film rights, billboard rights, plush toy and key chain rights—all without any additional approval of the Author. Publisher has these rights in addition to the rights described in Paragraphs 2, 2a, and 2b. 11. If there is a disagreement between the two parties arising out of this agreement, it will be resolved in good faith through an arbitrator in San Francisco, CA to be selected by the parties. The arbitrator’s decision may be entered in any court having jurisdiction. No arbitration can be commenced and neither Author nor Publisher can be found to be in breach of this Agreement unless they have been given written notice identifying the breach and a thirty-day opportunity to cure it. 12. This agreement is subject to the laws of the State of California, The United States of America. 13. Upon publication, Publisher shall send one free (paper or electronic) copy to Author as a gift. 14. This Agreement may be assigned by Publisher as part of the sale or transfer of all or substantially all of Publisher’s business or is part of a merger or consolidation of Publisher with another company. This agreement may also be assigned by Publisher to any subsidiary or affiliate or any company or entity under controlled by it. The performance of the terms of this Agreement is personal to Author and may not be assigned. Otherwise, the provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties, their respective successors, legal representatives, and assigns. 15. This Agreement reflects the entire understanding between the parties and it may not be changed except in writing signed by both of us. Signed: *
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