Free Publishing and Distribution Agreement Creator - Create Online



Publishing and Distribution Agreement template
Publishing and Distribution Agreement sample


What is Publishing and Distribution Agreement?

Publishing and Distribution Agreement An agreement for publishing and distributing written or digital content, specifying publication terms, distribution channels, and royalties.



Sample template:



PUBLISHING AND DISTRIBUTION AGREEMENT


This Publishing and Distribution Agreement ("Agreement") is entered into as of [Effective Date], by and between David Greene ("Author") and [Publisher Name], a company organized and existing under the laws of the United States, having its principal place of business at [Publisher Address] ("Publisher").

1. GRANT OF RIGHTS

1.1. Grant of Publication Rights


Author hereby grants to Publisher the exclusive worldwide right to publish, reproduce, distribute, sell, and otherwise commercially exploit the e-books titled [E-books Title] (individually and collectively referred to as the "Work"), in any and all languages, in digital format including, without limitation, e-books, print-on-demand editions, and audio formats.



1.2. Intellectual Property Rights


Except for the rights granted to Publisher in this Agreement, Author retains all right, title, and interest, including without limitation all copyrights and other intellectual property rights, in and to the Work. Author represents and warrants that the Work is original, has not been previously published, and does not infringe upon any intellectual property or other rights of any third party.



2. PUBLICATION AND DISTRIBUTION

2.1. Publication Requirements


Publisher shall use commercially reasonable efforts to produce and distribute the Work in accordance with Publisher's usual publication procedures, including, but not limited to, editing, formatting, marketing, providing metadata, and delivering the Work to distribution platforms. Publisher shall make the Work available for sale in all major digital retail channels.



2.2. Distribution Channels


Publisher shall distribute the Work through its established distribution channels, which may include, without limitation, Amazon, Barnes & Noble, Apple Books, Kobo, Google Books, and any other e-book retailers and platforms chosen by the Publisher in its sole discretion.



3. ROYALTIES

3.1. Royalty Calculation and Payment


Publisher shall pay Author royalties on Net Revenues received by Publisher from sales of the Work, as follows: (a) [Percentage]% of Net Revenues for sales through Publisher's website, and (b) [Percentage]% of Net Revenues for sales through all other distribution channels. "Net Revenues" means the gross amounts actually received by Publisher from sales of the Work, less any taxes, refunds, returns, chargebacks, discounts, and similar deductions. Royalties shall be calculated quarterly and paid within sixty (60) days following the end of each calendar quarter. Publisher shall provide Author with a quarterly royalty statement detailing the number of copies sold, calculation of Net Revenues, and calculation of royalties due.



4. WARRANTIES AND INDEMNITIES

4.1. Author Warranties


Author represents and warrants to Publisher that: (a) Author is the sole author and owner of the Work; (b) Author has the full power and authority to enter into this Agreement and grant the rights provided herein; (c) the Work is original, has not been previously published, and does not infringe upon any intellectual property or other rights of any third party, including, without limitation, copyright, trademarks, privacy rights, or contractual rights; and (d) the Work does not contain any defamatory or otherwise unlawful material.



4.2. Indemnification


Author shall indemnify, defend, and hold harmless Publisher and its affiliates, officers, directors, employees, and agents from any and all losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys' fees and costs) arising out of or related to any claim, action, or proceeding based upon any breach or alleged breach of any representation, warranty, or obligation of Author under this Agreement. Publisher shall promptly notify Author of any such claim and shall cooperate with Author, at Author's expense, in the defense or settlement of any such claim.



5. TERM AND TERMINATION

5.1. Term


This Agreement shall commence on the Effective Date and continue for a period of [Number] years unless terminated earlier in accordance with the provisions herein.



5.2. Termination for Material Breach


Either party may terminate this Agreement upon written notice to the other party in the event of a material breach of any term or condition of this Agreement by the other party, provided that the breaching party has not cured such breach within thirty (30) days after receipt of written notice of such breach.



5.3. Effect of Termination


Upon any termination or expiration of this Agreement, all rights granted to Publisher under this Agreement shall revert to Author, and Publisher shall cease publication, distribution, and sale of the Work, provided, however, that Publisher may continue to sell any remaining inventory of the Work for a period of ninety (90) days following such termination or expiration



6. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the United States and the state of [State], without regard to its conflicts of law principles. The parties agree that any dispute arising out of or in connection with this Agreement shall be finally resolved by arbitration in accordance with the rules of the American Arbitration Association, and judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction thereof.



7. MISCELLANEOUS

7.1. Entire Agreement


This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations, and understandings, whether oral or written, relating thereto. This Agreement may be amended only in writing and signed by both parties.



7.2. Notices


All notices and other communications required or permitted under this Agreement shall be in writing and deemed given when delivered personally, sent via a nationally recognized overnight courier service, or three (3) days after being deposited in the United States mail, first class postage prepaid, addressed to the party at the addresses set forth above (or at such other addresses as the Party may designate by notice to the other party).



IN WITNESS WHEREOF, the parties have executed this Publishing and Distribution Agreement as of the date first above written.

________________________ _______________________
David Greene (Author) [Publisher Name] (Publisher)

Ready to proceed?


Login to Create your Publishing and Distribution Agreement now




Main Sections of a Publishing and Distribution Agreement


In this Publishing and Distribution Agreement, you will see the following sections:

  1. Grant of Rights
  2. Publication and Distribution
  3. Royalties
  4. Warranties and Indemnities
  5. Term and Termination
  6. Governing Law and Dispute Resolution
  7. Miscellaneous


About each Section - Analysis and Summary:

  1. Grant of Rights : This section explains that the author is giving the publisher exclusive rights to publish, reproduce, distribute, sell, and exploit the e-books in various formats and languages. The author retains all other intellectual property rights and guarantees that the work is original and does not infringe on any third-party rights.

  2. Publication and Distribution : The publisher agrees to use reasonable efforts to produce and distribute the work, including editing, formatting, marketing, and delivering it to distribution platforms. The publisher will distribute the work through various channels, such as Amazon, Barnes & Noble, Apple Books, Kobo, Google Books, and others at their discretion.

  3. Royalties : The publisher will pay the author royalties based on a percentage of net revenues from sales of the work. Net revenues are calculated as the gross amounts received from sales, minus taxes, refunds, returns, chargebacks, discounts, and similar deductions. Royalties will be calculated quarterly and paid within 60 days after each quarter, along with a detailed royalty statement.

  4. Warranties and Indemnities : The author guarantees that they are the sole owner of the work, have the authority to enter this agreement, and that the work is original and does not infringe on any third-party rights. The author also agrees to indemnify and defend the publisher against any claims or legal actions related to breaches of these warranties.

  5. Term and Termination : The agreement lasts for a specified number of years, unless terminated earlier due to a material breach by either party. If a breach occurs, the non-breaching party can terminate the agreement after giving the breaching party 30 days to fix the issue. Upon termination, all rights granted to the publisher revert to the author, and the publisher must cease publication and distribution of the work.

  6. Governing Law and Dispute Resolution : This section states that the agreement is governed by the laws of the United States and a specific state. Any disputes arising from the agreement will be resolved through arbitration under the rules of the American Arbitration Association.

  7. Miscellaneous : This section covers various additional terms, such as the agreement being the entire understanding between the parties, the requirement for written amendments, and the proper method for delivering notices and communications between the parties.

Ready to get started?

Create your Publishing and Distribution Agreement now