eBook Contract for Imajin Books

Here is a copy of our ebook contract (updated February 2012:

Imajin Books Author Agreement Contract - Ebook

This agreement dated on the ____ day of _________________, 20___, between _______________________________ ("Author") and Imajin Books ("Publisher) represents the purchase of electronic publishing rights to the "Work" known as:

_________________________________________________________________.

A. REPRESENTATIONS AND WARRANTIES

1.     The Author warrants that this Work is original, created by the Author, and that the Author has legal authority to grant the rights in section B.

2.     The Author represents and warrants that the Work is not in the public domain and the Author is the sole owner and copyright holder of the Work.

3.     The Work is free and clear of any charges of copyright infringement or any other charges, including libel. The Work does not infringe upon any rights, including proprietary, statutory law or common law.

4.     The Work is free of any legal and binding publishing contracts by other publishers, including the Author, acting as self-publisher. If it has been previously published in whole or in part by another publisher, the Author has received a letter of rights reversion from the previous publisher and is legally permitted to enter into this agreement.

5.     The Work is not currently available as a free download in full or part anywhere on the Internet, nor is it available in full or part on the Author's website, blog or social networks.

6.     The Author releases Publisher from any responsibilities, fees or legal charges relating to any legal actions, including charges of plagiarism, incurred by the contents of the Work or by the actions of the Author.

B. GRANT

1.     The Author grants the Publisher the right to publish the Work in all worldwide English language electronic book (also known as "e-book", "ebook" or "digital") editions, including enhanced e-books, large print and any future formats/technologies for the duration of the contract term, as well as the following rights granted by the Author:

2.     The right to contract with retailers and distributors, as well as any other retail venue, to sell and/or promote the Work.

3.     The right to sell the Work for a period of five (5) years from the date of signed contract.

4.     The right to have first option to offer an agreement with the Author for continued publication rights to the Work on terms to be mutually agreed upon, once the existing contract term has ended. If an agreement is not reached within sixty (60) days of the expiration of this contract, all rights to the Work automatically revert to the Author.

5.     The right to use the Author's name and image (photos provided by Author) in all marketing or promotion, in print or online.

Author's Initials: ___________                                                                                                               v1201

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C. advance and Royalties

1.     The Publisher will pay the Author an advance against future sales of $75.00. This advance will be deducted from the first royalty payment or from subsequent royalties if needed to recoup the full $75 advance.

2.     On copies of English language electronic editions of Work sold worldwide, the Author will receive 50% (fifty percent) of royalty income collected by Publisher from various retailers, including Amazon and any others, now or in the future.

3.     Royalty payments are paid quarterly, approximately 6-8 weeks after quarter ends. Quarter 1: ends last day of March; Quarter 2: ends last day of June; Quarter 3: ends last day of September; Quarter 4: ends last day of December.

D. STATEMENTS

1.     Statements detailing the Author's sales will be issued at the same time as royalty payments and may be sent via email or regular mail, at the Publisher's discretion.

E. MANUSCRIPT AND DELIVERY

1.     The Author agrees to deliver the Work in the form of a Microsoft Word document in its final revised form, abiding by formatting guidelines set by Publisher. If, in the opinion of the Publisher, the Work is unsatisfactory, the Publisher may return the Work to the Author for prompt editing. If the editing is not returned by the Author within twenty-one (21) days, the Publisher may publish the manuscript after editing in house is completed or the Publisher may reject the Work and will not be obligated to publish the Work, in which case this agreement will be deemed terminated and all rights will revert to the Author.

F. EDITING RIGHTS

The Publisher and its agents or employees have the right to edit the Work, including changes, deletions, additions, and reserve the right to change the title of the Work, though the Publisher will do everything to obtain a verbal or written agreement from the Author as to these changes.

G. Other rights, including print

1.     Print and other rights are not being pursued by Publisher at this time.

2.     The Author may pursue print and other subsidiary rights not covered by this contract for this Work.

3.     If a print contract is obtained by another publisher, the Author will notify Imajin Books immediately and the Work will not be considered for print publication.

H. Copyright

1.     The Author holds the copyright to this Work and should file at any copyright office in the country of their residence. This is highly recommended but optional; copyright is legally in effect the moment an Author writes any work.

Author's Initials: ___________                                                                                                               v1201

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I. BOOK COVER DESIGN AND BOOK TITLE

1.     The Publisher reserves the right to change the title of the Work, after discussing the reasons for this change with the Author.

2.     All book covers are created by Imajin Books or by its employees or contracted graphic designers, and the Publisher will have final say on the cover, although the Author will be consulted on the design and will have input.

3.     Book covers remain the property of the Publisher. Jpg copies of the cover will be provided via email attachments to the Author from the Publisher or cover designer.

4.     The Author is granted the right to use the book covers provided by the Publisher, without alteration other than resizing.

5.     If this agreement is terminated, the rights to the book cover and all elements of its design remains with the Publisher and the cover may not be used by the Author with any other publisher or via self-publishing means.

6.     If the Author would like to purchase the cover, that can be discussed upon termination of this contract.

J. PUBLICATION

1.     The Publisher agrees to publish and commence distribution of said Work in digital or electronic format within twelve (12) months of delivery of the Author's final manuscript, unless prevented by circumstances beyond the Publisher's control, or unless otherwise agreed with the Author. In the event the Publisher fails to publish and distribute the Work by said date, the Author shall have the option to terminate this agreement upon seven days notice from the Author to the Publisher, and all rights hereunder shall revert to the Author.

K. Copyright infringement

1.     In the event of a third-party infringement of the rights granted under this agreement to the Publisher, the Author shall have the right to sue jointly with Publisher for the infringement and share in any recovery compensation, after deducting all expenses associated with bringing the lawsuit to court.

L. BANKRUPTCY AND INSOLVENCY

1.     If a petition of bankruptcy is filed by or against the Publisher, or if it is judged insolvent by any court, or if the Publisher should liquidate or close its business for any reason, this agreement shall terminate immediately without notice and all rights granted shall revert to the Author. Every effort will be made by the Publisher to withdraw ebook from publishing/retail venues in a timely manner, and any royalties collected for this Work will be paid to the Author within six (6) months of collection from retailers. 

Author's Initials: ___________                                                                                                               v1201

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M. MARKETING & PROMOTION

1. The Author agrees to market and promote his/her book extensively during the first year of publication, including blogging and using social networks. The Author will use all promotional materials the Publisher supplies, including book covers, trailers, promotional ads etc on authors' websites and blogs. At times the Publisher will advise or evaluate the Author's marketing efforts and will offer possible solutions to improve the Author's sales; the Author will maintain a professional work ethic and adjust marketing efforts according to Publisher's suggestions. The Publisher will at no time demand the Author pay for any kind of promotion, but may at times suggest opportunities. (Note: As with any business venture, authors should expect to invest money into their business.)

This contract constitutes the entire agreement between the Author and Publisher. It may only be altered or amended when agreed upon and signed by both parties.

Please Print Clearly:

Author's Legal* Name: ___________________________________________________________

Street Address: _________________________________________________________________

City, Province/State: _____________________________________________________________

Country: ______________________________________________________________________

Phone Number: _________________________________________________________________

Email Address (Correspondence): ___________________________________________________

Agent's Name: __________________________________________________________________

Email Address (PayPal - agent or author): ____________________________________________

Pen Name: _____________________________________________________________________

Date: ________________________________________

Author's Legal* Signature:____________________________________________________________

Authorized by: ______________________________________________ Publisher, Imajin Books