Your Bookstore For The Unique, Eclectic and Different
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Contract Version Date: 8/5/2024
BookLocker.com PUBLISHING AGREEMENT SUMMARY
Agreement is between BookLocker ("Company"), and undersigned
("Author") -
This Agreement is between BookLocker.com, Inc. (including
WritersWeekly.com, BookLocker.com), hereafter referred to as
the "Company", and the Author or duly Authorized legal
representative (herein represented as "Author"), in regards
to the Work (herein represented as "Work") named at the end
of the contract and shall be considered legal and binding in
all countries, and its separate or conglomerate governments.
Since 1999, BookLocker.com, Inc. has provided publishing
services and marketing tools for self-published Authors,
online bookstores where Authors can list and sell their
print and electronic books, and distribution to third-party
book retailers, such as Amazon.com, BarnesandNoble.com and
many other online and physical bookstore systems worldwide
(38,000 retailers, libraries, schools and distribution
partners in 195 countries through our distributor, Ingram).
For D.I.Y., At Your Service, and Expedited Programs:
- Non-exclusive print and electronic rights only. Authors are free to
sell their books elsewhere. Author or Company can terminate at any
time, for any reason.
For Payment Plan Program - U.S. residents only:
- Author agrees to sell exclusively through Company only until
balance is paid in full. Author can purchase print copies from
the Company to then sell directly to their readers. Author is
required to pay $350 in advance and their card will automatically
be charged $50 per month thereafter until the balance is paid
in full. Incoming commissions will offset part of the balance.
Author must pay any balance due in full, if any, upon contract
termination.
BOOKLOCKER.COM PUBLISHING AGREEMENT - SHORT FORM
All Programs:
- Payments to Authors are "commissions", not "royalties", because
no rights are taken from Authors.
- Commissions are paid on the fifth business day of the month to
Authors whose unpaid commissions were $40 or more on the
last day of the previous month.
- Author is legally and financially responsible for the content
of their book (libel, plagiarism, defamation, invasion of privacy,
copyright or trademark infringement, etc.). Company is not legally
liable for anything related to the book or the Author's actions.
- Author will not enter into agreements that conflict with the terms of
this contract.
- Author retains their copyright, and is responsible for pursuing any
entity that violates the Author's rights if they choose to do so.
- Company can stop selling a book if the book is involved in a threatened or
actual legal dispute.
- Author agrees to submit files per the Company's specs.
- Author agrees to keep Company current on all contact info.
- Company offers the following book types - ebook, paperback,
hardcover
- Company assigns ISBNs to print books unless an Author desires
to use their own. Company assigns ISBNs to Epub and Mobi ebooks.
ISBNs owned by the Company are not transferable and remain the
property of the Company. ISBNs of terminated books are
decommissioned.
- Author can't use Company's name or ISBNs on books they sell/distribute
themselves with the exception of print books the Author buys from
the Company at their Author discount.
- Print books are listed on BookLocker.com, and submitted to Ingram,
the world's largest book distributor. Ingram provides listing info. to
Amazon.com, BarnesandNoble.com, and numerous other online
and physical bookstore systems worldwide (38,000+ retailers).
Ebooks are submitted to Amazon.com, BarnesandNoble.com, Apple
and Kobo. While no store/distributor has ever refused to list a
BookLocker.com title, the Company can't guarantee that every
store will list and sell every title, nor that a store/distributor
won't delist a particular title in the future.
- Company offers fulfillment, customer support, chargeback
processing, and sales tax reporting/remittance on
BookLocker.com-direct sales. Authors are not responsible for
collecting/remitting sales tax on orders they do not process
themselves.
- D.I.Y. Authors must provide files meeting Company's specs or
additional charges may apply.
- Print books require an annual P.O.D. file hosting fee (currently
$18) to keep a book in Ingram's system, and for sale by BookLocker.
- To avoid the annual fee, Author must notify the Company with
their termination request via their Author account at least one month
prior to the anniversary date of the book.
- Authors making changes to files that have already been converted/
finalized and/or uploaded to the printer will incur additional fees.
- If the Company must re-do formatting work due to the author
uploading incorrect file(s) or older file(s) that do not include
the Company's most recent formatting work, additional fees will
be required.
- Authors making changes to the Company's website pages for their
book, prices, and other metadata after a book is published
will incur a fee for each set of changes.
- If Author owes the Company any fees, the Company reserves
the right to keep selling the book until those fees have been recouped.
- If Author ceases communicating with the Company, the Company
may be required to terminate the Author's contract.
- If Author wishes to reactivate a terminated title, a reactivation fee
will be required. If an Author orders copies of a terminated title, the
reactivation fee will automatically be added to the cost of the order.
If the order is for 50 or more copies, the title will be reactivated and
no reactivation fee will be charged.
- Author must approve the final print version for production. Company approves
final Epub and Mobi files. If the Company discovers errors in a book,
it can reject files and/or put a book on hold until the Author corrects
those errors.
- The Company's fees are not refundable except as explained in the
Long Form contract below.
- Book orders may not be changed or cancelled once submitted. The printer's
system is entirely automated so order cancellations and changes are not possible
once an order has been placed.
- Author may set the price of the book provided it is at or above the
minimum list price offered by the Company. Ebook retailers have
stringent pricing requirements, as outlined in the Long Form contract below.
- Author agrees not to list/sell their book for a lower price anywhere
else with the exception of print books purchased from the Company
by the Author. The Author may sell those copies at any price they choose.
- The Company offers "discount codes" to authors to use for special book
promotions. The discount comes out of the author's commissions.
Customers may purchase other books in that order (which is a good thing!)
using the same discount code. The discount will come out of the commissions
of each authors' books in the order. More details about this new program
are in the Long Form contract below.
- Commissions vary based on the book type and point of sale.
See details in Long Form contract below.
- Authors can buy print copies at the Author discounts. The Company
does not pay commissions on Author short run sales because Authors
are given discounts on those transactions.
- To avoid spam filters, Author agrees to communicate with the Company
via their online Author account on the Company's website. To confirm
there are no communication issues at any time, authors are strongly encouraged
to login to their Author account at least once a month to check their sales,
and to check for messages from the Company.
- To avoid interrupted communications, the Author agrees to whitelist BookLocker
in their own email program and/or service, and in their ISP's email service.
- Author agrees not to spam while promoting their book.
- While the Author is responsible for promoting their own book, the Company
reserves the right to distribute excerpts and/or review copies of the
Author's book. The Author is responsible for sending print and/or
electronic copies to reviewers at their discretion and expense. The
Company does NOT charge Authors for copies of their own ebooks.
- The Company is the sole owner of the Company's website and URLs,
and does not redirect or post outside links on the website.
- The Company owns its customer information. Per the Company's Privacy
Statement, this data is not shared with anyone outside of the Company.
BookLocker.com public sales are credited to the Author's account using a
transaction ID that matches the customer's sales number in their email receipt.
- Company makes every effort to keep the website functioning but isn't
responsible for outages.
- Company is not responsible for errors appearing on websites or in databases
it does not own. Company is not responsible for fees or other commissions
that third parties fail to pay to the Company or the Author. Company
is not liable for delays or non-performance of Services caused,
nor non-payment of commissions, by any of our third party vendors or
suppliers. Company is dismissed from its obligations if events occur
affecting the Company or printer/distributor, such as natural disasters,
acts of God, fire, power, war, terrorism, etc., if the Company is
judged legally bankrupt, or if the Company's relationship with
the printer is terminated. The Company will only be responsible
to the Author for the unpaid commissions at the time of insolvency.
- With the exception of beneficiaries in the event of the Author's death, the
Company will not transfer files, accounts, or any other item to or between
third-party individuals or companies.
- Authors of the D.I.Y., At-Your-Service and Expedited Programs own the
rights to files created by The Company (the "production files"). Authors
of the Payment Plan Program will own all rights to their files once the balance
in their Author account is reimbursed to the Company.
- Terminating Authors must request copies of their production files upon
termination. If an Author requests copies of their files after termination,
a $35 fee will be charged for the Company to pull files from archives. If
the Company terminates the contract, the Author has 30 days from the date
of termination to request copies of their files without incurring the fee.
The company only retains files for two years after a book is terminated.
If the Author owes the Company money, that balance must be paid by the
Author to the Company before the Company will send the production files
to the Author.
- This agreement does not create a partnership, nor an employee/employer
relationship.
- Costs can rise with little or no notice. All prices and fees are subject to
change without notice.
- The Company sends each author receipts for all purchases they make at
BookLocker. To receive additional electronic copies of receipts (i.e. for
income taxes, computer crashes, etc.), the Author will be required to pay
a $25 administrative fee.
- Author may not share/divulge proprietary information about the
Company to third parties. Confidential information is the property of
the Company.
- All BookLocker Authors receive a FREE copy of 90+ Days of Promoting
Your Book Online. Author agrees to only share copies of that book with
their co-Author(s). The book may not be distributed to third parties.
Additional copies can be purchased at BookLocker.com.
- Authors will be alerted to any contract changes via email, and via the
public message area in the Author accounts. The Company is not
responsible for electronic file transmission problems. The Author's
continued participation in the Company's program will constitute the
Author's acceptance of such changes or modifications. It is
extremely important that all Authors keep the Company current on
their contact information, and that they check into their Author
Account monthly to check sales and to look for any new messages.
- This Agreement will be governed by the laws of the United States
of America and the state of Georgia. The parties agreed that except
as specifically provided herein, all disputes arising under this
Agreement shall be settled by binding arbitration in Rome, Georgia
and submitted to the American Arbitration Association for
final disposition.
~PLEASE READ THE CONTRACT IN ITS ENTIRETY BELOW.~
BookLocker.COM PUBLISHING AGREEMENT - LONG FORM
This Agreement is between BookLocker.com, Inc. (including
WritersWeekly.com, BookLocker.com), hereafter referred to as
the "Company", and the Author or duly Authorized legal
representative (herein represented as "Author"), in regards
to the Work (herein represented as "Work") named at the end
of the contract and shall be considered legal and binding in
all countries, and its separate or conglomerate governments.
If a title has more than one Author, all Authors must
submit a copy of the Company's contract.
Since 1999, BookLocker.com, Inc. has provided publishing
services and marketing tools for self-published Authors,
online bookstores where Authors can list and sell their print and
electronic books, and distribution to third-party book
retailers, such as Amazon.com, BarnesandNoble.com and
many other online and physical bookstore systems worldwide
(38,000+ retailers, libraries, schools and distribution
partners in 195 countries through our distributor, Ingram).
=============================================
PRE-PUBLICATION
=============================================
BookLocker offers four publishing programs.
D.I.Y., AT-YOUR-SERVICE, and EXPEDITED PROGRAMS
For Authors signing up for the D.I.Y., At-Your-Service, or
Expedited Programs, BookLocker retains no exclusive rights to
the Author's Work. These Authors are their own publishers and
are free to list and sell their works elsewhere.
For the D.I.Y., At-Your-Service and Expedited Program, there
are no time limitations imposed by this agreement and, with
the exception of Clause V. below, the contract may be terminated
by either party, for any reason, immediately on request posted
to the Author's Account on the Company's website, with or
without cause.
PAYMENT PLAN PROGRAM
The Payment Plan Program allows for a small, up-front investment
($350), and $50 monthly payments, automatically charged to the
Author's credit card, until the balance is paid in full.
Incoming commissions will, of course, offset that balance.
Payment Plan Program Authors agree to sell the Work exclusively
through BookLocker, and to not terminate their contract,
until the balance is paid in full. However, BookLocker, at
their discretion, may terminate the contract for any reason,
with or without cause. If the contract of a Payment Plan
Program Author is terminated for any reason, the Author must
pay any balance due upon termination. The Company reserves
the right to automatically charge the Author's credit card
in full at that time if the Author has not paid the
fees that are due.
I. CLAUSES REGARDING RIGHTS GRANTED TO Company
BookLocker.com DOES NOT TAKE ANY COPYRIGHTS FROM Authors so
payment to Authors are Commissions, not Royalties. Therefore,
the term "commissions" is used in the contract verbiage
below.
The Author grants the Company the non-exclusive right to
distribute their print book and, for Authors choosing
ebook publishing, distribute/sell the Work in digital format,
including, but not limited to: computer disk, data bases,
CD ROM, and any and all other computer and computer
related or digital based storage medium, known and unknown.
PRINT BOOKS - If the Author has registered the Work for the
Company's print-on-demand service, the Author grants the
Company the non-exclusive right to publish the Work in print
format through print-on-demand (P.O.D.). Print on Demand
Authors are not required to list the electronic version of
their book for sale with the Company. Print on Demand is an
optional, fee-based service.
EBOOKS - The Company sells ebooks on its own websites, as well
as others. If the Author has registered the Work for
BookLocker's Ebook Conversion & Distribution Service (Bepub), the
Author grants the Company the non-exclusive right to publish
the Work in electronic format for distribution to its ebook
distribution and retail clients including, but not limited
to, Amazon (Kindle), Barnes and Noble (NOOK), Apple
(iBookstore) and Kobo. The Author may choose any or all
distribution outlets, and is not required to list their
ebook with all. BookLocker's Ebook Conversion & Distribution
Service (Bepub) is an optional, fee-based service.
II. CLAUSES REGARDING WORK SUBMITTED
The Author hereby states that the Work submitted to the
Company is free and clear of any counts of libel,
plagiarism, breach of privacy or misrepresentation of facts.
The Author also states that the Work, if biographical or "as
told to the Author" is, to the best of the Author's
knowledge, factual and true. The Author agrees to pay the
Company's legal fees and any resulting judgment for any
threatened legal action, lawsuit, and/or judgment against
the Company if legal action arises from any known or unknown
libel, plagiarism, breach of privacy or misrepresentation of
facts, whether known or unknown by the Author, medical
and/or legal damages, copyright infringement or any other
legal dispute related to the authenticity, character or
content of the Author's books.
The Author hereby states that the Work does not infringe on
the privacy of any third party; that he or she is owner of
any trademarks and/or trade names associated with the Work;
that the Work does not constitute obscenity (though the
Company DOES publish erotica), hate literature, or illegal
content, does not portray child abuse, does not portray anyone
under the age of 18 in a graphic sexual act (even in fiction),
and does not contain nude photos.
The Author states that the Work is not currently in the
public domain and that the Author is the sole owner and
copyright holder of the work, with full power to enter into
this contract. The Author states that if the Work has
previously been published, in whole or in part, that Author
currently holds all copyrights to the Work and that the
Author is legally permitted to enter into this agreement.
The Author releases the Company from any responsibilities
relating to any legal actions incurred by the contents of the
Work or the actions of the Author.
The Company is not legally responsible in any way whatsoever
for the Author's Work nor the work of the Author's editor(s),
co-Author(s), or anyone assisting the Author with their book.
The Company is not liable to any third party for the Work,
regardless if the Company had any knowledge or could have
reasonably known of any illegal or unlawful content in Work.
The Company reserves the right to terminate any title that
violates any of these terms and conditions, or for any reason
whatsoever. If a third party complains about the Work,
the Company reserves the right to place the Work on hold
while an investigation takes place, or to terminate
the Work, at the Company's discretion.
Author agrees to not enter into any agreements with any
individual or entity that will conflict with the rights
granted to the Company as stated in this contract
without first terminating Author's contract with the Company
under the terms of this agreement. This means if the Author
is already under an exclusive contract for the Work, or
is offered an exclusive contract in the future, the Author
must terminate this contract with the Company.
If Author's book provides any type of legal, medical,
financial or lifestyle advice, a legal disclaimer must be
provided in the book. The Company can provide examples at
the Author's request.
The copyrights of the Work belong to the Author. If the Author
wishes to register a copyright or apply for a Library of Congress
Control Number (LCCN) they can, of course, do so. The Company
offers these services for an additional fee.
Authors electing for a Library of Congress Control Number are
required to send a copy of their book to the Library of Congress
at the Author's expense. Details are available from The Company.
Authors electing for Copyright Registration by the company may be
required to send two copies of their book to the Library of
Congress at the Author's expense. Details are available from The
Company. The copyright registration certificate issued by the
Library of Congress will be in the author's name.
The Company reserves the right to stop advertising and
selling books and to freeze all unpaid commissions for any
Author whose book(s) are involved in a legal dispute or
threatened/pending legal dispute.
The Author agrees to submit the Work according to the
Company's specifications.
If, during the existence of this Agreement, any entity makes
unauthorized use of the Author's Work, it is the sole
responsibility of the Author, at their discretion, to take
legal action as may be required to restrain such wrong,
or to seek damages. The Author shall bear all costs and
expenses of legal actions and, subsequently, the Author
shall keep all remunerations resulting from the legal actions.
The Author is responsible for keeping the Company current on
any and all email address and mailing address changes. All
Author information change requests must be sent to the
Company through a message posted to the Author's Account on
the Company's online messaging system. The Company may be
forced to terminate an Author's contract without notice if
the Author does not respond to the Company's communications.
A reactivation fee is required if an Author wishes to
reactivate their book after termination. If the Author orders
copies of a terminated title, the reactivation fee
(currently $250) will be added to the cost of the order.
If the order is for 50 or more copies, the title will be
reactivated and no reactivation fee will be charged.
When a message is posted to the Author's Account by the Company,
an email is sent to the Author's primary email address on file
with the Company. If an Author uses an email service that
hard filters incoming email for spam (most ISPs do), this
may create communication difficulties for the Company and
the Author. The Author is encouraged to provide the Company
with at least two email addresses from different services
to further prevent communication difficulties. Authors are
provided with an online Author account for communication
with the Company, and should login to their Author Account
each month to ensure uninterrupted communication.
If the Author gives any other person or firm access to their
confidential Author account on BookLocker.com, and if the
Author then suffers any losses, financial or otherwise, from
that, the Author is responsible for taking action against that
individual. The Company can't be responsible for losses
incurred if an Author allows third party to access their
Author Account on the Company's system. (Hint: If you're about
to go through a divorce, or if you have a falling out with
someone who has your login information, contact the Company
immediately to change your password!)
Completing this contract with a new address, email, phone
number, or other contact information will not constitute
an update to the Author's Account on the Company's website.
If the Author has new contact information, that MUST be
submitted to the Company separately, through the Author's
Account on the Company's website. For security reasons,
the Company can't accept Author Account change requests
via email.
III. CLAUSES REGARDING THE FORMAT OF WORK
The Company sells Works in two formats: electronic (ebook)
and Print-On-Demand (P.O.D.).
Works in electronic format are delivered to the customer as
digital files. The Author acknowledges that, because of the
digital nature of these files, it is possible for them to be
replicated and distributed illegally once they are purchased
by the customer, and outside of the control of the Company.
The Author agrees to not hold the Company liable if such a
situation occurs.
Works in P.O.D. format are delivered to the customer as
physical books and printed on a per-order basis. A Work in
P.O.D. format comes in two forms:
Black and white-interior print books:
1.) SOFTCOVER, glossy or matte color cover (Author's choice)
2.) HARDCOVER, glossy or matte color jacket or case-laminate
(Author's choice)
Works can only be in P.O.D. format if the Author is accepted
in the Company's P.O.D. program, pays the required fees, and
delivers the Work per the Company's specifications.
If a Work in P.O.D. format is in both softcover and hardcover
forms, a separate cover and a new ISBN are required for each
edition. Author will be charged a separate setup and cover
(optional) fee for each edition. Author can choose to have
the book in just one edition if they so desire, and thus pay
only one fee.
All print and ebook editions are required to have an ISBN.
The Company will assign ISBNs to print and ebooks. If the
Author wishes to use their own ISBN on a print book, that
is permitted. If the Author uses their own ISBN in a book,
the Author confirms that ISBN is brand new, and has never
been used, nor listed anywhere previously.
Authors of Epub and Mobi ebooks must use ISBNs assigned
by the Company (one for the Epub version and one for the
Mobi version). Third-party ebook retailers will not accept
ebooks with ISBNs not owned by the Company.
ISBNs IN EBOOKS
In the case of a Work in Bepub format that has been assigned
an ISBN owned by the Company, the Author acknowledges the
following:
1.) ISBNs are not transferable. The ISBN assigned by the
Company is registered to the Company, and must remain the
property of the Company.
IMPORTANT - The Author is not permitted to distribute or
sell the EBOOK version of their book through other retailers
unless they have removed the Company's name and ISBN from
their EBOOK file(s), purchased their own ISBN, and placed
that ISBN in their EBOOK file. Authors can't assume
ownership of an ISBN if they have not purchased that ISBN
because it is registered to the Company. Authors can't
directly sell or distribute products that are registered
under the Company's ISBN.
Authors can, however, remove the Company's name and ISBN
from their EBOOK and sell the EBOOK on their own site
and/or purchase their own ISBN to distribute the EBOOK
to other EBOOK retailers.
ISBNs IN PRINT BOOKS
In the case of a Work in P.O.D. format that has been assigned
an ISBN owned by the Company, the Author acknowledges the
following:
1.) All sales for the Work (except for printed copies the
Author has purchased directly from the Company for resale)
must be processed by the Company because the Company is
the publisher of record in the distributors' and bookstores'
systems.
However, if an Author chooses to use their own ISBN, orders
going through Ingram will come to BookLocker (the Company
under contract with Ingram and other service providers), not
to the Author. Bookstores using Books in Print to obtain
ordering information may order through the owner of the ISBN
but may also order through Ingram or another distributor, at
their option.
Authors using their own ISBN must register their own book
with Books in Print, the database maintained by R.R. Bowker,
the U.S. ISBN agency. The Company registers its own ISBNs
with R.R. Bowker.
2.) Upon termination of this contract, the ISBN is unassigned
from the Work and decommissioned. ISBNs are not transferable
and can't be used on a book published by another publisher,
or printed by another printer, even if the Author owns the
ISBN. A new ISBN must be assigned each time a book is
republished, regardless who owns the ISBN.
3.) If the Author's book is terminated for any reason, and
then reactivated for any reason, the most recent version of
the Company's contract will automatically be in effect.
The current contract can always be found here:
http://publishing.BookLocker.com/contract.txt
IV. CLAUSES REGARDING SERVICES PROVIDED BY THE Company
The Company provides services to support the Author in the
publishing and sale of the Work. Those services include:
1.) Making the Author's Work available to the consumer through
BookLocker.com in either ebook and/or P.O.D. format (if Work
is enrolled in the Company's P.O.D. program) and/or (Bepub)
format (if Work is enrolled in the Company's Bepub program).
While the Company provides listings to Ingram for print
books, and to a variety of online retailers and distributors
for ebooks, and while no firm has ever refused to list and
sell one of the Company's books, those retailers and/or
distributors are not required to list any particular title
for sale. Listings offered by retailers and distributors are
at the discretion of each particular company. Any store or
distributor can also choose to remove a book at any time, and
for any reason. Retailers and distributors may also refuse to
remove old listings of out-of-print books because doing so
may damage their customer purchase histories. They may simply
change the listing to "inactive" (or a similar term), but
still keep the product page online. Many online retailers
sell used books and allow third parties to also sell used
books. For these reasons, nobody can force an online retailer
to remove an old listing for an out-of-print book.
2.) Fulfilling orders for the Work by processing the
customer's payments and delivering the Work in the format the
customer paid for.
3.) Handling customer support inquiries.
4. Distributing the Author's commissions for each sale of
the Work to the Author on a monthly basis provided the
Author's unpaid commissions exceed $40.00.
5.) Providing, for a fee or per the terms in Clause I above,
the optional services of cover design and formatting, as well
as manuscript preparation services. The Company does not
offer in-house editing but can provide a list of freelance
editors on request.
D.I.Y. Authors must provide the Company with preformatted
interior and cover files. The files must be formatted to
the Company's specs. The Setup, Print Galley and the
first year annual POD file hosting fees must be
purchased up front by D.I.Y. Authors. All Authors must
receive and approve a print galley before a book can be put
on the market. D.I.Y. Authors who submit files with errors
may need to pay the Company's Interior Formatting Verification
and Cover Verification fees. The Company will then provide a
list of formatting/design errors to the Author so they can
repair their file(s). D.I.Y. Authors can upgrade to At Your
Service program at any time by paying the difference in
price between the two programs.
IMPORTANT NOTE REGARDING D.I.Y. Authors
Many other firms make their D.I.Y. programs appear "easy"
and fast. BookLocker does not use that "bait and switch"
tactic. Professional formatting/design can be challenging.
If an Author signs up for the D.I.Y. package, but can't
provide the files to the Company's specs, the Author will
need to either hire someone to do the work, or will need to
upgrade to the At Your Service program. If you are not very
adept at MSWord and your graphic design program, nor at
PDF conversions, embedding fonts, etc., please do not sign up
for the D.I.Y. program. Doing so may lead to wasted time and
frustration. The Company has professional formatters and
designers who are ready to assist you. They are awesome,
friendly, and FAST.
By completing this contract, D.I.Y. Authors are acknowledging
that the Company has made you aware that formatting interior
and cover design is complex and that the service of others, for
additional fees, may be required if the Author can't provide
the files to the Company's specifications.
V. CLAUSES REGARDING CHARGES BY Company
EBOOKS BookLocker's Ebook Conversion and Publishing
Service (Bepub) enables Authors to list their ebooks on a variety
of online bookstores, including, but not limited to, BookLocker.com,
Amazon.com (the Kindle), BarnesandNoble.com (the NOOK),
Apple (the iBookstore, serving millions of iPad, iPhone and
iPod users), and Kobo (Canada's most popular ebook retailer).
AMAZON EBOOK KDP SELECT PROGRAM
1.) If you ask or agree to participate in Amazon KDP Select
program, which requires the Author to give Amazon exclusivity
for 90 days, you must inform BookLocker.com at least 10
business days in advance of the ending of the 90-day term
if you want to be removed from the program. Otherwise Amazon
will automatically renew the book's enrollment for another
90 days.
2.) If you ask or agree to participate in Amazon's KDP Select
program, which requires the Author give Amazon exclusivity
for 90 days, the Author cannot terminate his or her contract
with BookLocker.com until the 90-day term is up.
Bepub SETUP FEES:
- BookLocker.com Direct
Listing of the pdf, Mobi, and/or Epub version(s) of an ebook
will be listed on BookLocker.com. Changes to your book
file and/or listing information after initial listing
require an additional fee.
- Third-Party Ebook Retailers/Distributors
Mobi is the ebook file format used by Amazon for the Kindle.
Epub is the ebook file format used by everyone else.
Included in the At Your Service and Professional Author Print
Publishing Programs: Basic Epub/Mobi Conversion and Distribution
for Authors of books with very simple formatting who require Epub
and Mobi formatting and conversion, and subsequent listing/distribution.
Quote Required:
Complex Epub/Mobi Formatting/Conversion for Authors of
books with more complex formatting, like charts, footnotes,
more than 2 photos, etc. Authors of these books are provided
with a free estimate, of course.
**There are NO ANNUAL FEES charged for ebooks. Annual fees
only apply to print books.**
BLACK-AND-WHITE-INTERIOR PRINT ON DEMAND (P.O.D.) BOOKS
The Company charges set-up fees that vary based on the
program chosen by the Author, as well as an annual P.O.D.
file hosting fee (currently $18) for a Work in P.O.D. format.
This fee enables the book to remain on BookLocker.com as well as
Ingram's distribution system. Ingram is the world's largest
book distributor.
RETURNING Authors (active Authors previously published in
print by the Company) are eligible for discounted setup fees
for their second and subsequent print books accepted and published
by the Company.
COLOR-INTERIOR PRINT ON DEMAND BOOKS
Color-interior books are not eligible for the DIY,
At-Your-Service, Expedited or Payment Plan Programs. The
color-interior program is entirely separate, and requires
different processes and prices. Color-interior books require
payment of formatting fees (they vary by book length and
number of images). POD file hosting and other fees, such
as setup and cover design, remain the same.
OPTIONAL EXPEDITED SERVICE - BLACK-AND-WHITE-INTERIOR PAPERBACK ONLY
For Authors who have an immediate, upcoming event, BookLocker
offers an expedited publishing service. If an Author is
immediately available, and responds to correspondence regarding
formatting and cover design quickly, the Company can usually get
a book to market within two weeks of the Author submitting their
final files. (Please allow extra time if you need a shipment of
your books to arrive for an event! The two-week timeline is for
the design and publishing process only.) This service is not
available for color-interior books, nor for hardcovers. The
expedited print publishing fee does not include expedited
epub/mobi (ebook) services. However, after the print galley is
approved by the author, expedited epub/mobi (ebook) services can
be ordered by the author. The fee includes setup, first year
annual file hosting fee, and original cover design. This is a
flat fee whether the Author chooses to use the Company's cover
designer or not. If an Author submits files that don't meet the
Company's specs, or if the Author does not respond immediately to
the Company correspondence, the Author understands that the
Company may not be able to meet the two-week expedited deadline.
The Company can't refund/credit an author for the extra Expedited
fees if this occurs.
If the Author chooses the Expedited publishing package, but
then decides to make changes to the book after files have been
uploaded to the printer, the book will no longer be part
of the Expedited program unless the Author pays for Expedited
service on print book revisions. The Company can't refund/
credit an author for the original Expedited fees if this occurs.
BOOK PAGE/DATABASE CHANGES
Authors are provided with a form to complete to have their
book added to BookLocker.com. Authors also provide
information that the Company then provides to Ingram (for
print books) and Amazon, Barnes and Noble, Apple, and Kobo
(for ebooks) Making changes to databases (price, book
description, and/or any other listing info.) is
time-consuming, and can result in third-party retailers
temporarily listing a book as "out of print", which can delay
sales for customers. If the Author has any changes to make to
any listings on these sites, or to information the Author
previously provided for the Company or Ingram, a fee must
be paid to process each batch of requested changes.
REPLACE PDF EBOOK AND EXCERPT FILES
If the Author needs the Company to replace the pdf version
of the ebook and/or excerpt appearing on BookLocker.com,
an additional fee will be incurred.
ANNUAL POD FILE HOSTING FEE
Hosting fees are charged on an annual basis. Authors are
notified by email when the hosting fee is due. The Company
may, at its discretion, deduct the annual fee from
commissions due, or charge the Author's credit card on file.
The hosting fee is effective once the Author registers for
the P.O.D. program. The first annual hosting fee (currently
$18) will be charged to the Author's credit card along with
the setup fee (this fee is included in the setup fees for
all programs other than D.I.Y.). Hosting fees are not
refundable and are not pro-rated.
TERMINATION TO AVOID ANNUAL PRINT HOSTING FEE
If the Author wants to terminate their contract before the
next hosting fee is due, they must post a contract
termination request to their Author Account at least one
month prior to the anniversary date of their book's
publication. If the printer bills the Company for that year
and the Author hasn't yet terminated their contract, the
Author must pay for the entire hosting fee for that year,
even if they choose to terminate their contract at that time.
The fee is non-refundable and can't be pro-rated. Basically,
once the printer bills us, it's too late. We can't get that money
back.
COMPANY'S RIGHT TO RECOUP UNPAID FEES
The Payment Plan Program allows for an up-front fee ($350)
and subsequent $50 monthly payments (charged on or after
the 15th of the month). Commissions for book sales are
also used to offset the balance owed by the Author.
Commission payments will not be paid until the balance
owed by the Author is paid in full. Payment Plan Program
Authors agree to sell all editions of the Work exclusively
through BookLocker, and to not terminate their contract,
until the balance is paid in full. The Author CAN purchase
print copies from the Company for resale using their Author
Discount. BookLocker will, of course, distribute the Work
to Ingram for listing on Amazon, BarnesandNoble.com, etc.
However, BookLocker, at their discretion, may terminate the
contract for any reason, with or without cause.
ALL AUTHORS - If the Author fails to pay the annual fee, or
otherwise owes the Company any fees for any reason, and if
the Author has one or more ebooks for sale, the Company
reserves the right to keep the ebook(s) up for sale to
recoup any unpaid fees. There are no annual fees charged for
ebooks.
If the Work is terminated, and if the Author requests copies
of their files, the Company reserves the right to delay
sending those copies to the Author until the Author has
paid any fees owed to the Company.
Negative amounts in the Author's account that are not
paid within 30 days will accrue interest of 12% per annum
(or 1% per month). A negative balance may occur due
to the Author not paying the annual POD file hosting
fee, other fees the Author owes for services, and
Payment Plan Authors not making their monthly payments
by the monthly due date. If an Author has a negative
balance in their author account, and if they place an order
with BookLocker, the negative balance will be added to
that order.
Once an author's account becomes 30 days delinquent,
the Company reserves the right to turn that account
over to a collection agency.
If Payment Plan Authors are current on their monthly
payments, no interest will accrue.
IF AN AUTHOR CEASES COMMUNICATION
If the Company does not receive a response from the Author to
the Company's emails and/or Author messaging system post(s)
within 10 business days, the Company may be forced to
terminate the Author's contract without further notice by the
Company. The Company can't continue to sell an Author's book
if the Author isn't responding to the Company's
communications. However, the annual fee will still be due if
the Company does not receive notice of the Author's intent to
terminate their contract at least 30 days before the
anniversary date of the publication of their book(s).
REACTIVATING A TERMINATED BOOK
It is time-consuming and expensive for the Company and the
printer to remove and then re-add books to the systems. If
an Author wishes to relist a terminated title, a $250.00
reactivation fee must be paid. The Company may, at its
discretion and for any reason, choose not to relist a
terminated title.
If the Author wishes to reactivate a terminated title, a
reactivation fee will be required. If an Author orders copies
of a terminated title, the reactivation fee will be added
to the cost of the order. If the order is for 50 or more
copies, the title will be reactivated and no reactivation
fee will be charged.
FINAL APPROVAL FOR DISTRIBUTION - P.O.D.
The Company will not deem a Work in P.O.D. format to be final
without the Author's approval. Therefore, the responsibility
of deeming a Work in P.O.D. format to be final and ready for
sale is borne by the Author. However, if errors are
discovered later that were in the final version of the
manuscript approved by the Author, the Author agrees to pay a
post-print-galley processing fee to have the errors
corrected. Books with errors can harm the Author's and the
publisher's reputations.
The Company reserves the right to delay publication of the
Work, or to remove the Work from the market, until the errors
have been corrected. If the errors were the result of the
Author's mistakes, a fee must be paid for the corrections
before the book can be activated or reactivated.
The text of the title of the book must match on the cover,
in the interior file, and in the distributor's system.
Having different words in the title of a book in any of
these is not permitted under any circumstances. If the
Author submits inconsistent information, fees may be
required to repair the Author's error(s).
FINAL APPROVAL FOR DISTRIBUTION - Epub
To create Epub/Mobi files, the Company uses the final,
approved version of the manuscript and cover used to
create the P.O.D. version of the book. In lieu of that, the
Company uses files provided by the Author. Because the
Company makes no changes to these source files during the
Epub/Mobi conversion processes, the Company will not seek
approval from the Author before distributing Epub/Mobi files
unless the Author specifically requests to see the final
Epub/Mobi files. If errors are discovered later that were
in the final version of the manuscript submitted by the
Author, the Author agrees to pay an Epub/Mobi reformatting/
reconversion fee, which varies based on the complexity of the
formatting. If the errors are such that they result in making
the work unsellable, the Company may remove the Work from all
sales channels until the fee is paid by the Author and the
errors are corrected. If the errors were the result of the
Author's mistakes, the fee must be paid for the corrections
before the Company will do the new formatting/conversion work,
and put the book on the market.
FILES WITH ERRORS
Occasionally, an Author will submit a final manuscript with
errors, poor-quality interior graphics, or a poor-quality
cover. The printer reserves the right to refuse files
that contain errors that may cause the Quality Control
inspector to question or stop a print run (text too light,
cover words off-center, poor-quality graphics, incorrect spine
measurement, etc.) The Company reserves the right to refuse
to sell a book that contains errors or design issues that can
result in harm to the Company's and/or the Author's
reputation. If an Author submits a manuscript or cover that
contains such errors, the Company will make the Author aware
of the problems, and will request corrections. If the Author
refuses to make such changes, the Company will not put the
book on the market, and will not refund the Author's fees
because the Company will have already processed files.
Revising the files with errors will require additional fees.
REVISIONS TO PRINT AND EBOOKS
The print book files are entirely separate from the Epub/Mobi
(ebook) files. Different programs must be used to create each
set of files. If an Author is enrolled in both programs, and
wishes to make changes to their book, they must pay for
changes separately for each edition of the book (print and
ebook), and they must submit separate revision files to each
division of the Company (print and ebook) for processing.
Since the processes are separate, it is the Author's
responsibility to notify each division (print and ebook) of
the Company if/when they wish to make revisions to any or all
editions of their book.
If the Author submits a manuscript with fonts that are not
on the Company's list of acceptable fonts, and if those
fonts later cause problems, won't embed in the pdf, or
result in rejection by the printer, the Author may need
to pay a fee for a new file to be processed.
If the Company must re-do formatting work due to the author
uploading incorrect file(s) or older file(s) that do not include
the Company's most recent formatting work, additional fees will
be required.
BOOK COVER DESIGN
The Company charges additional fees for optional services
of original cover design (both ebook and print). Authors
are NOT required in any way to use the Company's cover
design services. This service is provided as a
convenience to the Author. Authors may use their own cover
designer provided that designer designs the cover to the
Company's specs. Authors who order cover design from the
Company own all rights to their cover design and production
files.
Sample covers by the Company's designer can be seen here:
http://www.BookLocker.com/covers/covers.html#center
Click on each cover to see the entire cover (front, back
and spine).
AUTHOR-SUBMITTED COVER DESIGN FOR THE "AT YOUR SERVICE" PROGRAM
If the Author is submitting their own cover design, they
confirm that they and/or their designer/representative
is knowledgeable about professional cover design, and
has the software and skills necessary to submit the
file to the Company's specs.
Authors of the At Your Service Program who do not order
cover design from the Company have the opportunity to
submit their cover without additional charge. If the
cover is not to spec, the Company will send the Author
a list of errors. The Author will have one more opportunity
to submit a correct cover without incurring a Spec
Check Fee. If the second file is also not to spec, a $45 Spec
Check Fee will be required for the Company to process
another new cover file, and to send the Author another list of
errors appearing in the file. This fee will be subsequently
charged each time an incorrect cover file is submitted.
The Author is responsible for this fee whether they or
their designer/representative uploads the files to the Company.
If Author chooses not to order cover design from the Company,
and if the Author or their representative then needs cover
design assistance, including training on design, the Author
will need to either order original cover design from the
Company, or will need to hire another designer. Cover design
is a complex process requiring technical and artistic skills.
The Company provides specs, but can't train Authors or others in
original cover design.
AUTHOR-SUBMITTED INTERIOR FORMATTING FOR THE
"AT YOUR SERVICE" PROGRAM
If an Author who registers for the At Your Service program
is submitting their own interior design (a ready-to-print
pdf file), they confirm that they and/or their designer/
representative is knowledgeable about professional book
design, and has the software and skills necessary to submit
the file to the Company's specs.
If the file is not to spec, the Company will send the Author
a list of errors. The Author will have one more opportunity
to submit a correct interior file without incurring a Spec
Check Fee. If the second file is also not to spec, a $45
Spec Check Fee will be required for the Company to process
another new interior file, and to send the Author another
list of errors appearing in the file. This fee will be
subsequently charged each time an incorrect interior file
is submitted. The Author is responsible for this fee
whether they or their designer/representative uploads
the files to the Company.
CONTRACT TERMINATION BEFORE PUBLICATION
We understand that Authors occasionally need to cancel their
BookLocker.com contract for a variety of reasons. For all
programs other than the D.I.Y. program, if you
request a refund after your card is charged, but before any
file transmissions or formatting work is completed on your
book, that is fine. However, the Company will retain a 25%
cancellation fee to cover labor and transaction costs
associated with processing the initial order, the Author
account, and the cancellation. By agreeing to this contract,
you state that you understand and agree a 25% cancellation
fee will apply to ALL fees paid when signing up. However, if
any file transmissions have occurred or work has begun on
your book or cover design, no refunds are permitted.
Except as noted in the paragraph above, refunds are not
permitted for P.O.D. set-up fees, formatting, annual hosting
fees, or cover design.
No refunds are permitted under any circumstances for the
D.I.Y. program.
VI. CLAUSES REGARDING THE PRICING OF WORKS
PRINT BOOKS - The Author is allowed to set the list price of
the Work to whatever the Author would like, provided the
price is at or above the Company's minimum list prices.
Bepub EBOOKS - THE CLAUSE BELOW IS PRETTY CONFUSING, THANKS TO
THE ONLINE EBOOK RETAILERS. PLEASE KNOW THE COMPANY WILL WORK
WITH THE AUTHOR TO ENSURE THE EBOOK IS PRICED CORRECTLY. For
Bepub ebooks, Apple has maximum list prices for ebooks whose
print counterparts have been on the market for less than 12
months. As of the publication of this contract version, the
ebook counterpart of any paperback priced $22 or lower, which
has been on the market for less than a year, can't be priced
higher than $9.99. For ebooks with paperback priced higher
than $22, the Author has the option to price the ebook at
their discretion. Maximum prices for ebooks with hardcover
counterparts range from $9.99 to $19.99, depending on the
price of the hardcover book, but average approximately half
the price of the hardcover list price. Contact BookLocker
directly for details. IMPORTANT: Apple and other bookstores
may choose not to list an ebook they feel is priced too high.
Apple requires all ebook prices to end with ".99". (i.e.
9.99, 10.99, etc.)
"For eBooks for which there is no corresponding physical
product, books that are (i) not adult fiction or non-fiction
and not primarily text for reading, (ii) enhanced books
(provided Publisher provides Apple with the standard
version), (iii) New Release hardback books that lis for
more than $40, or (iv) not a New Release hardback book,
Publisher may set whatever Customer Price it deems
appropriate in its discretion, provided that Apple does not
have to make such eBooks available if Apple determines the
price is unrealistic." (Ref: Apple's Customer Pricing
Requirements)
Amazon and other ebook retailers have similar requirements
and most stores prohibit selling an ebook at a lower price
elsewhere. Rest assured the Company will work with the Author
to ensure their ebook is priced correctly.
FAIR PRICING
Authors under the D.I.Y., At-Your-Service and Expedited
Programs are free to sell the Work through sales channels
other than those controlled by the Company. However, the
Author agrees not to sell the Work through other channels
for a list price that is less than the list price the
Author is selling the Work for through the Company and
the Company's sales channels. Pricing a book lower than
the official list price given to Ingram (the distributor)
is expressly forbidden by Amazon.
If an Author purchases copies of their print book
from the Company, they can then resell those books
for whatever price they choose. However, if Amazon
finds a listing for your book for less than the
official "list price," they reserve the right to
remove the Work from Amazon.
Authors are welcome to submit covers for their own ebooks.
However, the quality will reflect not only on the Author, but
on the publisher as well. We require all covers to be of the
highest quality (professional design standards) or they will
be rejected. You can see examples of professional covers from
the Company's designer HERE:
http://www.BookLocker.com/covers/covers.html#center
If an Author refuses to repair/replace a cover rejected by
the Company, the Company will not put the book on the market,
and will not refund the Author's fees because the Company
will have already processed files, and invested time and
money in the book.
===================================================
POST PUBLICATION
===================================================
VII. CLAUSES REGARDING COMMISSION PAYMENTS
The Company's online sales and fulfillment system (the
"Author Account") allows the Author to view a report of
commissions owed over the Internet via the World-Wide Web.
Commissions for public sales processed through the Company's
website are credited instantly to the Author's account. These
transactions include the date of each particular sale and the
sales number in the Author's account will match the sales
number on the customer's email receipt.
Commissions are only paid on sales deemed final. Criteria for
deeming a sale final are as follows:
1.) the sale has been processed by the Company's or
distributors'/retailers' sales and fulfillment system, and
2.) the proceeds of the sale have been deposited in the
Company's bank account.
Only when these two criteria have been met can commissions
be credited to an Author's account.
Sales deemed final may be reversed by the Company or the
Company's client retailers/distributors in the following
circumstances:
1.) The customer requests a refund.
2.) A credit card is used for the purchase and the card
holder later issues a chargeback, which is defined as a
refusal to pay because the customer deems the charge
unauthorized,
3.) The customer pays with a check that is returned because
of insufficient funds or a stop-payment order,
4.) Any possible credit card or check fraud involving an
order for the Author's Works.
5.) Any pattern of suspected fraud, including any pattern of
fraudulent orders suspected by the Company or any other
bookseller or distributor. If a pattern of fraudulent orders,
or a single, large fraudulent order, is suspected, the
Author's contract may be terminated immediately, regardless
of the source of the fraud, and all funds will be put on hold
pending the outcome of any investigation. Authors will not be
paid commissions for orders placed at bookstores that are not
picked up and paid for by the ordering customer.
Because of the slow nature of credit card companies, a
chargeback may take several months to resolve. For this
reason, sales deemed final may be reversed at any time.
If a sale deemed final is reversed and the commission has
already been paid to the Author, the amount of the commission
paid will be deducted from future commissions owed to the
Author by the Company.
If future commissions owed to the Author by the Company are
insufficient to cover the cost of sales that have been
reversed, the Author is responsible for refunding the money
to the Company within 30 days. The Company reserves the
right to charge the Author's credit card on file for any
fees that are due if the Author does not respond to the
Company within five (5) business days.
Commission payments are processed on the 5th business day
of each month. The Company observes standard holidays
recognized in the United States. Commission payments
are currently paid via PayPal.com but the Company reserves the
right to mail checks in U.S. funds at any time as an alternative.
Authors need to obtain a PayPal account, or provide the Company
with their existing PayPal ID, before the Company can send
their first commission payment. The PayPal ID is the email address
the Author used to sign up for that service.
If the Author provides the Company with an incorrect PayPal ID,
and if the Company then sends the Author's funds to that incorrect
ID, the Author is responsible for recouping those funds from PayPal
directly. If the Author provides the Company with a PayPal ID
belonging to someone else, the Author is responsible for collecting
those funds from that individual or entity.
Commission payments are only made on Author accounts with
outstanding balances of $40.00 US or more. Accounts with
outstanding balances of less than $40.00 are not paid
until the fifth business day of the month after they reach
these thresholds, or until the account is terminated,
whichever happens first.
For co-authored Works where more than one individual owns
the rights to the Work, the Company will distribute one
payment payable to one name/account, or to a Company owned
by both/all Authors and designated as the Authors' book's
designated payee, or to one individual representing all
Authors, which is the individual who paid the setup fees
and who primarily corresponded with the Company during the
publishing process. The Company cannot distribute separate
commission payments to Authors of co-Authored works. All
Authors of Works published by the Company MUST complete this
contract.
Per United States federal tax law, the Company must obtain
the social security number, along with the name and address,
of all Authors who are United States citizens. For this
reason, the Company must request and keep on file the
Author's social security number when the Author's contract
is submitted.
If the Company issues a commission by check, the Company
will not re-issue missing commission checks (those that
don't arrive at their destination) for a minimum of
four weeks. Mail does go astray, though rarely. Forwarded
mail takes longer to arrive. Canceled checks are expensive
to process. Banks don't always catch canceled checks and
occasionally allow them to clear. For all of these reasons,
the Company allows extra time to determine what has happened
to checks that don't arrive promptly at their destinations.
In most cases, the missing checks eventually arrive at their
destination.
For PayPal payments, Authors must contact PayPal if they
have questions about their PayPal account. The Company
can't access an Author's PayPal account, nor contact PayPal
on behalf of the Author. Funds sent via PayPal are available
to Authors much faster than mailed checks. Any fees charged
by PayPal are the responsibility of the Author.
The Author agrees to notify the Company immediately if their
PayPal ID changes (the email address the Author uses for
their PayPal account). If the Author provides an incorrect
PayPal ID to the Company, the Author is responsible for
attempting collection of those funds from PayPal.
If the Author fails to notify the Company of a change to
their PayPal ID within five (5) business days of such change,
and if PayPal fails to automatically return those funds to
the Company, the Author is responsible for negotiating with
PayPal to attempt to collect those funds from PayPal.
COMMISSIONS THAT CAN'T BE DISTRIBUTED FOR ANY REASON ARE
HELD FOR ONE YEAR PRIOR TO BEING DONATED TO A CHARITY
OF THE COMPANY'S CHOOSING
It is very important for Authors to keep the Company updated on
their contact information, as well as for Authors to check their
Author Account monthly for any correspondence from the Company.
If the Author is owed commissions, and if the Company cannot
distribute those commissions for any reason (see list below),
commissions owed shall be set aside for twelve months from the
date of each non-deposited/ returned check, or from the date when
PayPal "returned" a commission payment to the Company, or from
the date each commission payment is put on hold because of the
Author's failure to provide the information listed above
(including a valid PayPal ID). If, after twelve months, the
Author or Author's legally designated representative has failed
to claim unpaid commissions, the commissions shall be deemed
charitable funds, and donated to a non-profit organization of the
Company's choice. The Company donates funds to local soup
kitchens, children's charities, Old Dog Haven, and organizations
that provide support to U.S. soldiers and their families.
Examples of reasons the Company may need to donate
the Author's unpaid commissions to a charity:
* the Author has not provided the Company with their
PayPal ID within five (5) days of the Company posting
a request to the Author's Account
* the Author has not notified the Company of a change/
update to their PayPal ID
* the Author has not responded to the Company's
request for updated information within five (5) business
days of the posting of that request to the Author's Account
* Author's commission checks are returned to the Company by
the post office
* the Author has failed to deposit the Company's
commission checks within two months of the date
those checks were mailed
* the Author has failed to notify the Company of
any undelivered checks within two months of the date
those checks were mailed
* in the case of U.S. Authors, the Author has not
provided the Company with a valid social security
number or federal tax I.D. number
Author will notify the Company of any new address or change
in contact information (email or otherwise) before the change
takes place so correspondence will not be interrupted. The
Author should expect a response from the Company within
three (3) business days that your new address has been
received and processed. Login to your Author account to
request an address change. To avoid potential fraud
(i.e. someone trying to take control of the Authors'
account and/or commissions) all requests to change an
Author's contact info. must be submitted directly
through the Author's Account at BookLocker.
VIII. CLAUSES REGARDING SALES CHANNELS
Commissions on sales of books purchased with a Discount
Code through BookLocker.com are subject to lower commissions
for the author. Details are provided further down in this
agreement.
The Company has a variety of sales channels through which it
can sell the Author's Work, each paying different commission
rates and having different conditions of participation. These
are the Company's current sales channels:
BOOKLOCKER.COM DIRECT
BookLocker.com - the Company's principal sales channel. All
accepted Works are eligible to be listed for sale on
BookLocker.com. The commission rates for public sales through
BookLocker.com are:
-Ebooks priced $8.95 or higher - 70% of the LIST PRICE is
paid to the Author
-Ebooks priced under $8.95 - 50% of the LIST PRICE is paid to
the Author
-Print on Demand books - 35% of the LIST PRICE is paid to the
Author
BEPUB - BookLocker's Ebook Conversion & Distribution Service
(Bepub) - the Company's sales channel for ebooks sold through
other ebookstores/distributors. Due to the ever-evolving
nature of this business, the Company may add or remove ebook
retailers/distributors from this sales channel at the
Company's discretion.
IMPORTANT: While commissions for sales made directly through
BookLocker.com are based on the LIST PRICE of each book,
commissions for sales of Bepub books must be based on the NET
AMOUNT paid to the Company by each ebook retailer/distributor.
The ebook industry is quickly evolving and there are new
retailers and distributors appearing frequently, each
with their own contracts, commission percentages, pricing
requirements, and more with some even charging a handling
fee for each sale on top of their commission and/or
paying a different commission based on the geographic
location of the sale (i.e. U.K. vs. U.S.) and some even
charge extra processing for ebooks based on the file size. One
store actually pays less for higher priced books and more for
lower priced books, which is the opposite of the others. In
addition, each one can change their contract at any time and
Amazon reserves the right to change commissions retroactively
if they find a book priced lower elsewhere, as well as for
other reasons.
***Therefore, the Company must assign flat commission rates
to the NET amount paid to the Company by each ebook retailer,
NOT BASED ON THE LIST PRICE OF EACH WORK. REPEAT: THE
COMMISSION RATES BELOW ARE BASED ON THE AMOUNT THE COMPANY
RECEIVES FROM EACH RETAILER/ DISTRIBUTOR. THEY ARE NOT BASED
ON THE LIST PRICE OF YOUR EBOOK.***
Participation in this sales channel is optional. Only Works
in the Company's fee-based Bepub program can be for sale
through this sales channel. The Company's ebook distributors
and retailers take a percentage of each transaction. The
commission rates for this channel vary:
COMMISSIONS FOR EBOOKS PRICED $10 OR HIGHER
65% of the net amount the Company is paid for each ebook sale
COMMISSIONS FOR EBOOKS PRICED UNDER $10
55% of the net amount the Company is paid for each ebook sale
EXCHANGE RATES: Amazon calculates exchange rates of ebook
sales based on the date the sale occurs in their foreign
stores, not on the date they pay publishers. However, Amazon
does not divulge these rates to publishers until after Amazon
pays their publisher clients. The Company can't post
Amazon transactions, nor pay Commissions, until after Amazon
posts the exchange rates for each Amazon payment.
WHOLESALE / OTHER RETAIL ("Wholesale") Orders
Processed By the Company - the Company's sales channel for
fulfilling purchase orders received directly from bookstores,
libraries and other retail/distributor outlets. All Works
in print and ebook formats are required to be for sale
through this sales channel. The Company offers these
retailers/distributors a 30%-40% discount on the list
price of books purchased through this sales channel,
depending on the number of books ordered. The commission
rate for this channel is:
15% of the U.S. list price is paid to the Author
The Company offers all wholesale/distributor/retail clients
the same discount rates on similar purchases.
INGRAM - PRINT BOOKS ONLY
Ingram - the Company's sales channel for print books selling
through the large distributor (Ingram). Participation in this sales
channel is required of all P.O.D. books. Only Works in the
Company's P.O.D. program can be for sale through this sales
channel. The Company offers a discount to the distributor
on the list price of books purchased through this sales
channel. The commission rate for this channel is:
15% of the "average list price" is paid to the Author.
(NOTE: If a book price is changed for any reason during
a particular month, Ingram will pay a percentage of the
"average list price" for all sales during that month.
Otherwise, the commission will be 15% of the list price.)
Ingram listings may also be picked up by Baker & Taylor and
other smaller distributors. The Company does not work
directly with other distributors but those distributors
can order the Company's books from Ingram.
WRITERSWEEKLY.COM
WritersWeekly.com, the Company's sales channel for books
on the topics of writing and publishing, can also used
to promote BookLocker.com's best sellers, and
other books published by BookLocker.com. WritersWeekly
is a family-friendly publication with thousands of
readers from all walks of life and from across the globe.
The Company reserves the right to refuse to list a book
on WritersWeekly.com for any reason.
When a book is listed on WritersWeekly.com and/or promoted
through the site's weekly ezine, the commission rates for
sales through WritersWeekly.com are:
15% of the list price is paid to the Author.
WRITERSWEEKLY 24-HOUR SHORT STORY AND TRIVIA
CONTEST PRIZES (http://24HourShortStoryContest.com)
WritersWeekly promotes some of BookLocker.com's
writing-related and other complementary books (home business,
etc.) as prizes available, by choice, to participants in the
quarterly WritersWeekly 24-Hour Short Story Contest and the
WritersWeekly weekly trivia contest - The Company holds a
quarterly writing contest that serves as a marketing
and publicity tool for WritersWeekly.com, BookLocker.com,
and the books appearing on WritersWeekly.com. The Company
awards books to several winners of the quarterly contest.
Some books are offered as pre-advertised prizes and others
are individually chosen by winners of the contest. All Booklocker
books and ebooks are required to be offered as prize options.
While the winners do not pay for these prizes, the Company
pays commissions to the Authors of the books that are chosen
or assigned as prizes. The commission rate for this channel
is:
15% of the list price is paid to the Author.
SHORT PRINT RUNS AT Author DISCOUNT PRICES
Short Print Run Sales to Authors - the Company's method for
selling directly to the Author. The Company will only sell
copies of a Work through this sales channel to the Author(s)
of that Work or the Author's representative. No commissions
are paid to the Author on sales through this sales channel
because Authors are provided with discounts on these
purchases that match or exceed what the commissions would be
based on the quantity purchased. (Our philosophy is it would
be silly to collect money from Authors when we will only be
sending it right back to them again. Better to offer them the
savings up front instead!)
Author discounts on color-interior P.O.D. books are
calculated differently. See current rates here:
http://publishing.BookLocker.com/BookLocker-color-pod-program
Small public book sales through BookLocker.com are shipped
via priority mail. Large orders placed through the Author
order form and the wholesale form are shipped via UPS (or
a similar, trackable service for foreign orders.)
Authors or their representatives ordering more than 10
copies of their own book must order using the Author
order form, and must choose UPS shipping, because it
is trackable and insurable. All large quantity orders
(10 or more copies) must be shipped via a trackable/insurable
method.
Sales channels can be added or removed at the Company's
discretion and without prior notice. While the Company
provides listings to Ingram for print books, online
bookstores, such as Amazon.com, are not required to list
these titles for sale. Listings offered by online bookstores
are at the discretion of each particular store. Any online
store can also choose to remove a book at any time, and for
any reason. Ingram has never refused to list any of the
Company's books but they, too, can refuse any book for
any reason.
Likewise, if a book is terminated and goes out of print,
these online bookstores may, at their discretion, choose to
leave the book page on their site, even though no new copies
of the book can be printed/purchased. Removing the book may disrupt
their customers' purchase histories. Any bookstore has the
right to sell used copies of a print book and some allow
third parties to list/sell used copies on their sites. Online
retailers are not required to remove old book listings from
their systems. The Company is not responsible for errors in
third-party book listings, nor for third-parties who continue
to display a book page for a book that can no longer be purchased.
BookLocker.com is not responsible for books sold at the
incorrect price by third parties.
BookLocker.com can't guarantee the successful sale and
delivery of books through distributors, bookstores and other
wholesale outlets. Those firms are responsible for their own
listing accuracy, sales, and distribution. Wholesalers and
retailers may refuse to list books for sale and may refuse to
honor orders received for a variety of reasons.
BookLocker.com is not responsible for the decisions and
actions of other companies with regard to the listing,
marketing, sales and distribution of books.
IX. CLAUSES REGARDING COMMUNICATION WITH AUTHORS
The primary method of communication with Authors shall be
through the Author Accounts on BookLocker's system.
Therefore, the Company cannot enter into any agreement with
Authors who do not have Internet access.
If the Author does not respond to messages posted to their Author
Account, the Author's contract and Work(s) may be terminated
and the Work removed from all sales channels without notice.
The Author can check their Author Account 24 hours/day,
which lists all commission payments processed for the Author
within the past 24 months.
As part of this contract, the Author must provide the
Company with the name and contact information of a
Beneficiary (see below).
X. CLAUSES REGARDING THE PROMOTIONAL ACTIVITY OF AUTHORS
When an Author's Work is made available for sale, the Company
issues the Author a Web page at a Company URL where a
customer may buy the Work. The Author is encouraged to
promote this URL both online and offline. The Author is also
provided with a free electronic copy of 90+ DAYS OF PROMOTING
YOUR BOOK ONLINE: Your Book's Daily Marketing Plan. Authors
are strongly encouraged to take advantage of the advice in
that book.
BookLocker.com does not "upsell" Authors on marketing
products and services because marketing benefits both the
Author and the publisher. Advice from BookLocker is always
available for no extra charge, of course.
ANTI-SPAM The Author may use their BookLocker.com URL in any
promotion they see fit, provided that promotion is not
illegal, and does not have the potential to damage the
Company's brand.
If the Author is unsure about a specific promotional tactic,
the Author is required to seek the advice of the Company
before proceeding with the promotion.
The Company is adamantly against the tactics of spam. Spam is
defined as:
1.) sending a form email en masse to people who have not
requested it,
2.) posting a form message en masse to newsgroups or
discussion lists,
3.) any unsolicited electronic posting or mailing that
results in complaints to the Company, the Company's web
hosting service or an anti-spam group, whether made by the
Author of the Work or by a third party with or without the
Author's knowledge.
The Author should never use spam tactics when promoting their
Work. Authors who use spam tactics when promoting their Work
may have their contract immediately terminated, their Work
removed instantly from the Company's sales channels and
become ineligible to do business with the Company in the
future. As with any contract termination, there will be no
refund issued for fees charged.
The Author will not have any rights to or in any trademark,
service mark, copyright, trade name, mark or colophon used
or licensed by the Company without written permission
from the Company.
NEW: SEPTEMBER, 2017 - DISCOUNT CODES FOR AUTHOR PROMOTIONS!
Discount codes, which are essentially electronic coupons,
are great for generating sales! Book buyers love coupons
and this type of promotion can lead to book sales that
may never have occurred otherwise. In addition, your book
might sell as a result of another author's marketing
activities.
The Company now offers "Discount Codes" to authors to use
with special book promotions. The discount comes
out of the author's commissions. However, customers may, on
impulse, order a book by other BookLocker authors as well
during that purchase. This is a good thing because a
different author's books might sell as a result of one
author's promotional activities! If that occurs, the customer's
entire purchase will be subject to the discount.
The Company may also run sales/specials on occasion with
these discount codes, which may affect subject-specific
or even all books on the website. (e.g. a big Christmas sale)
The discount must be deducted from the commissions
of all authors whose books were purchased by that customer.
For example, Author A would receive a lower commission on
the sale of their book in that order. If that customer
then made an impulse buy of another BookLocker.com title,
the author of that other book would also receive a lower
commission on the sale of that individual copy.
Since the system must automatically give that discount
based on the entire order, and since these "impulse" buys
by customers would likely not have occurred had the discount
code not been distributed to the original author's readers,
all authors must agree that their commissions will be
affected by any discount codes given to/used by potential
book buyers on BookLocker.com.
Authors wanting to set up a discount code need to contact
the Company through their author account. NOTE: Book
buying customers can only use one discount code at a time.
Multiple discount codes can't be used.
XI. CLAUSES REGARDING THE PROMOTIONAL ACTIVITY OF THE COMPANY
The Company shall have the right to use the Author's name or
pen name (whichever one the Author specifies), likeness and
biographical material for the purpose of advertising,
publishing, and promoting the Work itself, its title, and all
material, including characters in the Work, through their
use, simulation, or graphic exploitations on or in connection
with the Work or the Company.
The Company may, at its sole discretion, distribute excerpts
and reprints of portions of the Author's titles to print,
broadcast, websites, and electronic publications or to the
general public for marketing purposes.
The Company may, at its sole discretion, distribute a copy of
the Work in electronic format to book reviewers who request a
review copy. The Company only distributes books to
professional book reviewers and, when possible, the Author
will be notified when the book is being sent to a reviewer.
The Author is responsible for sending print books to
reviewers, at their discretion and expense. Authors may
also send ebooks to reviewers. The Company provides copies
of an Author's ebook to the Author at no charge, of course.
The Company is the sole owner of all URLs (Web site
addresses) on the Company's web sites, and will not post nor
redirect URLs outside of our Web sites under any
circumstances, including upon termination of an Author's
contract.
While the Company promotes BookLocker.com in general, and
promotes specific books when opportunities arise in
interviews, etc., Authors are responsible for promoting their
own books.
XII. CLAUSES REGARDING DEALS NEGOTIATED BY THE AUTHOR WITH
THIRD-PARTIES
The Author and the Company are independent contractors, and
nothing in this Agreement will create any partnership, joint
venture, agency, franchise, sales representative, or
employment relationship between the parties.
This agreement does not create an exclusive relationship
between the Author and the Company.
The Author will have no Authority to make or accept any
offers or representations on the Company's behalf. The Author
agrees not to make any statement, written or oral, that would
contradict the above.
If the Author wishes to enter into a distribution deal with a
third-party with which the Company has no established
relationship, the Author is free to do so. However, in that
instance, the Author agrees to negotiate the terms as well as
perform all sales fulfillment and management of the
relationship. The Company has no obligation to support
relationships entered into independently with third-parties
by the Author, other than to sell the Work to the Author at
the same standard discount it gives to all Authors.
XIII. CLAUSES REGARDING THE HANDLING OF CUSTOMER INFORMATION
The Company's transaction system contains customer contact
information and buying habits of individual customers. Per
the Company's Privacy Statement, this data is not shared with
anyone other than the owners and employees of the Company.
XIV. CLAUSES REGARDING THE HANDLING OF SALES DATA
The Company's transaction system contains sales data
regarding the purchase of Works. The Company owns this data.
The Company shares this data with the Author in the form of
commissions appearing in Author's Account on BookLocker's
system. When the Company shares this data for sales made
directly through BookLocker.com, it provides the date, time,
and commission amount for each sales transaction for a Work.
This is done to ensure the Company is complying with its own
Privacy Statement, which states that it will not share data
that contains the information and buying habits of individual
customers with outside parties.
The Company's automated system compiles periodic sales
reports that provide the list of BookLocker-direct Ebook and
Print best sellers appearing on the Company's homepage. While
any book may be eligible for listing as a best seller, based
on sales, the number of sales are not divulged to anyone
other than the officers of the Company. This prevents the
possible false manipulation of sales data by Authors who may
want to order numerous copies of their own book just to get
on the BookLocker best seller list. The Company's best seller
list must retain its integrity so that customers know which
books really are selling to the public (not to Authors trying
to get ahead on the list). This also keeps the best seller
list fair to all Authors. Sales data is also confidential to
the Author of each book appearing on the best seller list.
The Company's administrative expenses, as well as the expenses
of the Company's contractors, are proprietary.
XV. CLAUSES REGARDING THE AVAILABILITY OF WORKS FOR SALE
The Company shall make all reasonable efforts to keep its Web
sites and publishing structure viable at all times. Temporary
lapses in the site's presence on the Internet or World Wide
Web occurring through natural or technical causes do not
constitute an exhaustion of edition. The Company cannot be
held responsible for any loss of sales due to website errors
or downtime or World Wide Web or electronic transmission
problems.
The Company's printer currently has six separate P.O.D.
printing facilities - four in the U.S., one in the U.K., and
one in Australia
ERRORS ON THIRD PARTY WEBSITES
PRINT BOOKS
The Company is responsible for submitting basic (price,
page count, cover, description, etc.), correct book
information to Ingram, the book distributor. Ingram has
thousands of clients worldwide and it would be impossible for
the Company to contact each of their customers if/when one of
them fails to post/update book information on their site. If
Ingram has erred, BookLocker will contact them about
correcting the error. If one of Ingram's customers has erred
and if they fail or refuse to post the information correctly,
as it was supplied by Ingram, the Author will need to contact
the third-party directly.
EBOOK RETAILERS DISTRIBUTORS
The Company is responsible for submitting correct book
information to its client ebook retailers/distributors.
Some of these firms have numerous divisions/clients worldwide
and it would be impossible for the Company to contact each of
those if/when one of them fails to post/update book information
on their site. If the ebook retailer/distributor has erred,
BookLocker will contact them about correcting the error. If
they fail or refuse to post the information correctly, as it
was supplied by the Company, the Author will need to
contact them directly.
TERMINATION
The Work shall not be deemed "out-of-print" or "inactive" for as
long as its presence remains in the Company's sales channels,
unless any agreed-to time limits have been reached without
renewal by both the Company and the Author. However, Author
and/or the Company may terminate this agreement at any time for
any reason with the exception of Authors using the Payment Plan
Program, as outlined above. The Company, at their discretion,
may terminate any contract for any reason, with or without cause.
With the exception of beneficiaries in the event of the
Author's death, the Company will not transfer files,
accounts, or any other item to or between third-party
individuals or companies.
The Company will be dismissed from its obligations in this
contract if events occur outside of the Company's control,
including natural disaster, acts of God, fire, power or other
service outages at the Company and/or the printer's facility,
or labor problems at the printer's and/or distributor's
facility. Should any type of service interference occur, the
Company will notify all Authors and provide a good faith
estimate as to when the problems will be resolved.
XVI. CLAUSES REGARDING THE OWNERSHIP OF FILES AND DATABASES
The Company does not take rights from Authors. Authors of the
D.I.Y., At-Your-Service, and Expedited Programs own the rights
to files created by The Company (the "production files").
Authors of the Payment Plan Program will own all rights to
their files once the balance in their Author Account is
reimbursed to the Company.
Terminating Authors must request copies of their production
files upon termination. If an Author requests copies of their
files after termination, a $35 fee will be charged for the
Company to pull files from archives. If the Company terminates
the contract, the Author has thirty (30) days to request copies of
their files without incurring the fee. The company only retains
files for two years after a book is terminated. If the Author owes
the Company money, that balance must be paid by the Author to the
Company before the Company will send the production files to
the Author.
For Author of D.I.Y., At-Your-Service, and Expedited Programs,
BookLocker hereby absolutely and unconditionally sells,
assigns, conveys, and transfers all right, title, and
interest in the Interior Design and Cover Design to Author,
effective as of the date hereof. As used herein, "Cover
Design/Interior Design" is defined as pictorial drawings,
compositions, or other manifestations of book covers and/or
interior book designs created for or on behalf of Author on
or after the Effective Date of this Agreement. If the Cover
Design/Interior Design incorporates or otherwise makes use of
any separately copyrighted stock art or stock photographs,
the sale, assignment, conveyance, and transfer of all right,
title, and interest in the Cover Design does not convey any
ownership of copyright in said underlying stock art or stock
photographs, and any rights in and to said stock art or stock
photographs are expressly limited to their use in the Cover
Design/Interior Design and said stock art or stock
photographs may not be used in any way apart from the Cover
Design/Interior Design.
BookLocker will do the same for Payment Plan Program Authors
once their account balances have been reimbursed to the
Company in full.
If artwork used on the Author's cover was obtained from a
third-party service, the Author does **not** own exclusive
rights to that artwork. They only own exclusive rights to the
finished cover design as a whole.
If your cover design/interior design is/was designed by
another designer: You need to check with that designer
concerning your rights. The Company STRONGLY advises Authors
to have work-for-hire agreements signed by any freelancer
working on your book's interior or cover before hiring them
so the Author can use that work in perpetuity without fear of
copyright infringement accusations from disgruntled
ex-designers. Authors can find sample work-for-hire
agreements online. If you do not own all rights to your
cover, and if a dispute arises in the future, the Company may
be forced to remove your book at the request of the copyright
owner (the designer). Therefore, you are STRONGLY encouraged
to enter into a work-for-hire contract with any designer or
artist you hire.
Production files are the final pdf files submitted to the
printer for printing the interior and cover of each book.
Many publishers also demand all rights to production files
Authors paid them to create. Under the terms above,
BookLocker Authors OWN THEIR PRODUCTION FILES.
The Company's philosophy regarding production files is: "you
paid for it, you should own it."
The Company is the sole owner of all database information hosted
on its servers. For legal and financial reasons, upon contract
termination, the Company will retain all correspondence with the
author, including the author's terminated author account in the
Company's database, contracts, receipts, sales info., etc.
Authors can still access their author account after contract
termination.
BOOKS PRINTED ELSEWHERE -
Files containing BookLocker's name, ISBN, or any other
identifying information can't be printed elsewhere. If the
Author wishes to print the book elsewhere, they must obtain
their own ISBN and barcode, and use those in/on the files.
Author agrees to remove the Company's ISBN, name, and any
other identifying information from any books not being
printed by the Company.
EBOOKS SOLD ELSEWHERE -
If the Author wishes to sell their ebook directly, they
agree to remove the Company's ISBN, name, and any other
identifying information from the files prior to selling
the ebook elsewhere.
XVII. GENERAL CLAUSES
Crowdfunding - Authors occasionally seek outside funding
in order to publish their books. Author agrees not to use
BookLocker's name, logo, the owners' or employees' names,
nor any other information about the Company in their
crowd-funding activities.
The Company will not enter into a business relationship with
an Author or Company that competes, either directly or
indirectly, with BookLocker.com (i.e. another publishing
Company or publishing services Company serving Authors). The
Company shares sensitive, strategic information with Authors.
To share this information with individuals and firms who may
have the opportunity to use this information in competition
with BookLocker would, of course, be a bad business decision.
The contract of any Author who lists their book with
BookLocker.com, and then begins to compete with the Company,
either directly or indirectly, is subject to termination.
If BookLocker determines, at its sole discretion and at any
time, that an Author or firm is considered a competitor, the
Company will immediately terminate its contract with that
individual or firm.
Printing costs and other fees do increase occasionally and
without prior notice. All prices and fees are subject to
change without notice.
The Company sends each author receipts for all purchases
they make at BookLocker. Authors are required to save copies
of those receipts in a secure location. Service fee receipts
are sent via email. Receipts for book purchases are posted to
the author's account. Authors must ensure BookLocker is
whitelisted in their email program (and in their ISP's email
system). To obtain additional copies of receipts (i.e. for
income taxes, computer crash, etc.), the Author will be required
to pay a $25 administrative fee. The Company is not responsible
for email filtered as spam by the Author's own email program,
email service, or the author's ISP's email system.
The Company may at any time sell itself, or the majority of
self, its holdings, licenses or grants. Current contracts
would transfer to the new owner.
If the Company is legally judged bankrupt or liquidates its
business, this Agreement shall be effectively terminated and
all rights granted to the Company shall be terminated. The
Company will only be responsible to the Author for the unpaid
commissions at the time of insolvency.
For P.O.D. books, if the Company's printer is legally judged
bankrupt, liquidates its business, or discontinues offering
their services to the Company for any reason, or if the
Company's relationship with the printer is terminated, this
Agreement for P.O.D. books shall be effectively terminated
and all rights granted to the Company shall be terminated.
The Company will only be responsible to the Author for the
unpaid commissions at the time of insolvency.
For Bepub books: Amazon, Apple, Barnes and Noble, Kobo,
or any distributor/retailer can cease operations or
choose not to continue selling a particular book.
The Company can also choose to stop doing business
with one of these firms for any reason. If any of
these things shall occur, the Company will only be
responsible to the Author for the unpaid commissions
at that time.
During the course of this contract and beyond, the Author may
receive information relating to the Company and related
entities that is not known to the general public
("Confidential Information"). Confidential Information
includes, without limitation, correspondence with the Author
via their Author Account on BookLocker's system or via email,
information relating to sales, confidential marketing
processes, and other information related to the Company.
The Author agrees that:
1.) all Confidential Information will remain the Company's
exclusive property;
2.) the Author will use Confidential Information only as is
reasonably necessary for the relationship with the Company;
and
3.) the Author will not disclose Confidential Information to
any individual, Company, or other third party.
The Company may amend any of the terms and conditions
contained in this Agreement at any time and solely at its
discretion. Any changes will be effective upon posting of the
revisions on the Internet. The Author is responsible for
reviewing the notice and any applicable changes.
The Company will make every effort to contact the Author if
this agreement changes, but the Company cannot be held
responsible for electronic transmission problems. Changes to
this agreement, however, may be posted without notice to the
Author.
THE AUTHOR'S CONTINUED PARTICIPATION IN THE COMPANY'S
PROGRAMS AFTER THE COMPANY'S POSTING OF ANY CHANGES WILL
CONSTITUTE THE AUTHOR'S ACCEPTANCE OF SUCH CHANGES OR
MODIFICATIONS. IF THE AUTHOR DOES NOT AGREE TO ANY CHANGES TO
THIS AGREEMENT, THE AUTHOR MUST TERMINATE THIS AGREEMENT.
LIMITATION OF LIABILITY; DISCLAIMERS
AUTHOR AGREES THAT THE COMPANY, ITS SUBSIDIARIES, DIVISIONS,
EMPLOYEES, CONTRACTORS, AND/OR OFFICERS WILL NEVER BE LIABLE
TO THE AUTHOR, UNDER ANY CIRCUMSTANCES AND/OR FOR ANY
REASON, FOR AN AMOUNT THAT EXCEEDS THE FEES PAID TO THE
COMPANY BY THE AUTHOR FOR SERVICES. IN OTHER WORDS,
LIABILITIES ARISING FROM THE COMPANY'S, ITS SUBSIDIARIES',
DIVISIONS', EMPLOYEES', CONTRACTORS', AND/OR OFFICERS'
SERVICES, ERRORS, NEGLIGENCE, OMISSIONS, AND/OR ACTS OF ANY
KIND SHALL NOT EXCEED THE TOTAL FEES PAID BY THE AUTHOR TO
THE COMPANY FOR SERVICES.
UNDER NO CIRCUMSTANCES SHALL BOOKLOCKER, ITS SUBSIDIARIES,
DIVISIONS, EMPLOYEES, CONTRACTORS AND/OR OFFICERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOST
PROFITS AND/OR LOST TIME, DAMAGE TO REPUTATION, BUSINESS
INTERRUPTION, DOWNTIME COSTS, AND/OR INABILITY TO USE THE
PRODUCTS OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED, OR
WAS AWARE, OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF
SUCH COSTS, EXPENSES OR DAMAGES.
IN LAYMAN'S TERMS, IF ANY DISPUTE ARISES, THE COMPANY WILL
ONLY BE LIABLE TO REFUND THE AUTHOR FOR ANY FEES PAID BY THE
AUTHOR TO THE COMPANY FOR SERVICES RENDERED. Any book purchases
by the author are not considered fees for services and those
would not be included in any refund or credit.
This Agreement will be governed by the laws of the United
States of America and the state of Georgia, without
reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in the federal or
state courts located in Rome, Georgia and you
irrevocably consent to the jurisdiction of such courts. You
may not assign this Agreement, by operation of law or
otherwise, without the Company's prior written consent.
Subject to that restriction, this Agreement will be binding
on, inure to, and be enforceable against the parties and
their respective successors and assigns. The Company's
failure to enforce your strict performance of any provision
of this Agreement will not constitute a waiver of our right
to enforce such provision or any other provision of this
Agreement subsequently. Any notice or other communication
under this Agreement will be given in writing and will be
delivered by e-mail or via a message posted to the Author's
online Author account at BookLocker.com.
The parties agree that, except as specifically provided
herein, all disputes arising under this Agreement shall be
settled by binding arbitration in Rome, Georgia and
submitted to the American Arbitration Association for final
disposition.
I HAVE READ AND UNDERSTAND THE AGREEMENT BETWEEN MYSELF AND
THE COMPANY AND AGREE TO ALL TERMS AND CONDITIONS LISTED
HEREIN.
IF I ALREADY HAVE BOOKS PUBLISHED BY THE COMPANY, I AGREE
THAT THE CURRENT CONTRACT (SEE CONTRACT VERSION DATE
AT THE TOP OF THIS PAGE) WILL NOW APPLY TO ALL OF MY BOOKS
PUBLISHED BY THE COMPANY.
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