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DiskUs Publishing Terms of Agreement

DiskUs Publishing

C/O Marilyn Nesbitt

P.O. Box 43

Albany, IN 47320

DATE___________________________________________

YOUR REAL NAME______________________________

2ND NAME IF TEAM_____________________________

PSEUDONYM___________________________________

STREET ADDRESS______________________________

CITY, STATE, ZIP________________________________

TELEPHONE____________________________________

E-MAIL ADDRESS_______________________________

SOCIAL SECURITY NUMBER_____________________

ACCEPTED TITLE________________________________

LEGAL SIGNATURE______________________________

2ND LEGAL SIGNATURE IF TEAM_____________________________

DISKUS COMPANY SIGNATURE Date signed ___________________

This contract is between DiskUs Publishing and _____________________________(Author's legal name).

On this______________________day of ____________________ in the year_______________________.

You the Author agrees to the following:

1. Author agrees to submit the complete work to us electronically with any revisions we have asked for at the agreed upon time and within reasonable limits or this contract will be void. Publisher reserves the right to final approval of the revised manuscript. The final manuscript will be provided to the publisher in MS WORD, WordPerfect, or in RTF.

2. Author agrees to grant DiskUs Publishing exclusive rights to publish and sell in digital format (disk, electronic download, CD, or any other digital format known or unknown at this time of the work mentioned above.

3. We will be formatting and publishing our books for several different retailers.  If the author chooses not to participate, we will not add their books to those retailers line up.

4. To prove the work is registered to the author, author must provide DiskUs Publishing with a copy of your copyright certificate or sign the for we supply. Author must also warrant that the work in question is not currently in the public domain, that author is the sole owner of the work: that it is original work that was created by the author, and the work has never been published before in any format where the publisher might still own rights to the work. Author agrees to hold DiskUs Publishing harmless from any responsibilities pertaining to any legal actions incurred by the author in conjunction with the author's work.

5. Author agrees to provide a bio that includes a photo of author, (optional) a blurb to use on the back of disk and for our website and promotional material. Publisher reserves final right to rewrite or edit cover blurb.

6. Author agrees to give Publisher the right to use the author's name, likeness, title of book, and bio material for publishing, advertising and promoting the work.

7. Author agrees to self promote material to the best of his/her ability (publisher will provide flyers with order forms that can be copied for mail order and to use at conferences. Author may create his/her own promotional material with the final approval of the publisher. Author agrees to use the following tag line when referring to book for promotion online

YOUR TITLE, DiskUs Publishing, http://www.diskuspublishing.com.

8. We, the publisher agree to provide you the author with an annual 1099 Income Form reflecting all royalties paid for the calendar year for tax reporting purposes if required.

9. Our contract is for one year from date of contract. Contract may be renewed by mutual agreement of both publisher and author. Either author or publisher may terminate contract within 90 days by submitting a written certified mail notice to the other party and all rights will revert to author at time of termination.

10. Author may not sell copies of work with the following exception. Author may purchase any number of books at full cost to use at conferences; giveaways or signings and the author will be paid full royalties on the download price.

11. When purchased through the DiskUs site, author's royalties are based on the download purchase price regardless of whatever form in which it is sold. Royalties on copies sold through online bookstores or other outlet will be based on the download price less the handling costs charged by the bookstore or outlet. Author will receive ____40____% of the DiskUs download price except where noted above.

12. Author may use an approved excerpt of the work at his/her website but must include a link from author's website to the DiskUs Publishing website.

13. Publisher will promote through online and offline sources and will keep an updated website but will not be responsible for site downtime and interrupted transmissions.

14. With advance notice, publisher will work with bookstores, conference hosts, or author for book signings or contests to provide any needed books. Details will be worked out between publisher and organization or bookstore.

15. All other sales, other than those mentioned above will be through the publisher, via their website, phone, fax, email, US Mail, or other means as determined by the publisher and author will receive royalties after costs. (When selling through our site author will receive the same dollar amount for both disks and downloads. The higher price of the disks cover the added production costs.)

16. Publisher will send out at least three copies of the work to reviewers usually in printed form for reviewer's convenience. Author also agrees to send out reviewer copies as not all reviews will come back.

17. Publisher will provide cover art for your book. If however author has cover art he/she wishes to provide, author must warrant that provided cover art in any form generated either by computer, hand, or photo is owned by author or doesn't infringe any copyright. Publisher has final approval of any and all cover art. Author will provide cover art to specifications of the publisher to size, clarity, and content.

18. The publisher will provide the author with at least one copy of the finished cover art and at least one copy of the finished book in  downloadable form.

19. Publisher will obtain ISBN's (International Standard Book Numbers) for author's work. Publisher will use the ISBN in identifying the said work.

20. Royalties will be paid on accumulated sales and sent out no later than the 30th of the month following the end of each calendar quarter. DiskUs Publishing will provide a written report of sales with payment. For other countries unless mutually agreed on an alternative payment author must submit his PayPal address for payment.

21. Royalties will be paid to an Agent or other person in representation of the author if the author so specifies.

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