Publishing and Distribution Agreement An agreement for publishing and distributing written or digital content, specifying publication terms, distribution channels, and royalties.
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.
2.1. 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.
3.1. 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.
4.1. 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.
5.1. 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
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.
7.1. 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 this Publishing and Distribution Agreement, you will see the following sections:
Create your Publishing and Distribution Agreement now