THE AUTHOR: See “The Author” section below.
THE PRODUCT: See “The Product” section below.
RIGHTS: The Author retains all rights, including copyright, except the following:
The Author hereby expressly grants, transfers and assigns to The Publisher the rights to:
1. Publish The Product in any format (electronic, print, audio, etc.) as long as the same rate of compensation is provided for all copies sold (see COMPENSATION below.) No compensation will be given (or fees assessed) for copies freely given by the Publisher or The Author as part of promotions or advertising.2. Exclusively publish the product.3. The exclusive option to publish all revisions, translations or derivative works (including sequels) under the same conditions and for the same degree of compensation as those and that laid out in this contract.4. Continue to maintain (for sale) copies of The Product throughout this universe and all others, forever.
COMPENSATION: A royalty equaling 50% of the net revenue (remainder after all taxes and fees resulting from the production and shipping of each individual copy) per copy of The Product sold will be paid to the Author. As the cost of production and shipping will vary between mediums (mediums being defined as electronic books, paperback books, hardbound books, audio books and any other existing, emerging or not-yet-invented mediums) the payment per copy of The Product sold will also vary. Payments due The Author will be made in US dollars quarterly and by Paypal. Any fees assessed by Paypal are the responsibility of The Author and will be assessed as normal for payment transfers performed using the service. Payments will be made within the first week of the following months: March, June, September, December. Payments for copies of The Product sold will be made within the first week of the second quarter from the quarter in which they were sold (i.e. royalties earned by The Author from the first of December through the end of February will be delivered in the first week of June and royalties earned by The Author from the first of March through the end of May will be delivered in the first week of September.) The Author may sell copies of The Product in his or her possession, regardless of medium, for any price he or she chooses, without being required to pay the publisher a percentage of the net revenue of those sales except that already paid if copies of The Product were initially purchased from The Publisher. Any and all tax responsibilities related to royalties paid to The Author or sales made independently by The Author are the responsibility of The Author.
The Product will be published through THUNDERUNE PUBLISHING and be made available through The Publisher’s chosen storefronts (those associated with the Publisher) including those online and/or offline.
COVER ART & APPEARANCE OF FINAL PRODUCT:The Publisher decides on the appearance of the final product. If the Author has any concepts or existing covers he/she would like to be considered, they may be emailed to The Publisher through the same address from which The Author received (or will receive) his or her TRP PIN number. The Publisher may provide samples of in-progress art to The Author representing the final appearance of The Product, but is not required to make any changes to the appearance of The Product that The Author may suggest. The Publisher has the right to make typographical and grammatical corrections to The Product as deemed necessary by The Publisher.
FINALITY:Once The Product has been finalized for publication, only The Publisher may decide to remove it from publication or from the catalog of Thunderune Publishing. If the Author wishes to remove it from publication for any reason, edit/correct the material for any reason, or otherwise disrupt the sales of the agreed upon finalized form of The Product, they may petition the publisher, but the publisher is under no obligation to grant the Author’s request.
AUTHOR'S REPRESENTATIONS AND WARRANTIES:The Author hereby assures that all parties involved in the creation of The Product are properly credited, that The Product is not previously published, not in the public domain, and/or that all claims which could otherwise be made upon The Product have been quit or expired (as appropriate.) The Author hereby assures that The Product does not infringe upon any copyrights, does not invade any individual's right of privacy, is not libelous or obscene, features no errors or omissions in any recipe, formula or instructions in the material delivered by Author. The Publisher is publishing The Product in good faith and is not responsible for a breach of any of these representations and warranties. Any claims made against The Product are the sole responsibility of The Author.
PUBLICATION:It is the duty of The Publisher to publish the material and make The Product available for sale on The Publisher's chosen storefronts (offline and/or online) within six months of the signing of this contract by The Author. In case of force majeure (acts of god) The Publisher (or the Publisher's estate) have the right to delay publication of The Product for up to one year. After one year, or at any time, at the discretion of The Publisher, if The Publisher cannot, or can no longer, in good faith, publish The Product due to any circumstances, The Publisher may choose to cancel this agreement. If this agreement is canceled in this manner, all rights revert back to The Author and any profits or materials due the author will be returned within six months, if possible.
RIGHT TO USE AUTHOR'S NAME AND LIKENESS:The Author grants The Publisher the right to use any and all materials provided to The Publisher by The Author as part of any and all promotional activities related to The Product.
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