|TRIPLEUpgradedPlus Package Publishing Agreement
|Please print a copy of this Agreement for your records.
This is a Publishing Agreement between the author ("AUTHOR") signifying below and New Global Publishing, with its principal office at 1531 Drexel
Rd. #337 West Palm Beach, FL 33417 ("PUBLISHER") for the WORK listed at the end of this Agreement ("WORK").
|2. License to Publish
AUTHOR grants to the PUBLISHER the non-exclusive, worldwide license to publish the WORK in print in the English language. The AUTHOR also
grants to the PUBLISHER the right to make the work viewable on the PUBLISHER'S web site, or partner web sites that have entered into agreement with
the PUBLISHER, in order to facilitate sales of the WORK.
|3. Storage and Hosting
AUTHOR grants to the PUBLISHER the right to store, use, transmit and distribute copies of the Works as required to facilitate the printing and
distribution process. This grant includes the PUBLISHER'S vendors and affiliates.
|4. Other Rights.
All publication rights not explicitly granted to the PUBLISHER are reserved to the AUTHOR.
The license will automatically renew for consecutive one (1) year terms if neither party gives at least thirty (30) days advance written notice, prior to the
end of the current term, that it desires to terminate.
|6. Author Cancellation
AUTHOR has the right at any time to cancel this agreement with thirty (30) days advance written notice to the PUBLISHER. If the AUTHOR chooses
to cancel, all rights to the WORK will revert to the AUTHOR at the end of the thirty (30) day period unless AUTHOR requests that the WORK
continue to be available through the PUBLISHER, on a non-exclusive basis, for period of time to be mutually agreed upon by AUTHOR and
AUTHOR will be paid royalties as defined in Schedule A.
|8. Royalty Payments
PUBLISHER will make four annual royalty payments, if earned, to the AUTHOR within sixty (60) days of the end of each calendar quarter. If the
royalty payment due in a single calendar quarter is less than twenty-five U.S. Dollars ($25) the balance will be applied to the next calendar quarter until
the royalty payment due equals or exceeds twenty-five U.S. Dollars ($25), at which time the PUBLISHER shall make the appropriate royalty payment to
the AUTHOR. Statements of sales will be send to the author quarterly (Jan, April, Jul, Nov).
|9. Submission Guidelines and Payments
AUTHOR shall follow all the submissions procedures and payment requirements attached in Schedule A.
|10. Submission Acceptance
PUBLISHER reserves the right, in its sole discretion, not to accept a submission upon receipt. If this is the case, the PUBLISHER will refund the
AUTHOR submission payment, but the PUBLISHER has no obligation to return the submission package or WORK. Once a submission is accepted for
publication and the editorial review process initiated, the refund policies and options in Schedule A shall apply.
PUBLISHER intends to publish the WORK within ninety (90) days after receipt of all required materials relating to the WORK, but in no case later than
one hundred eighty (180) days after the receipt of all the required materials relating to the WORK. If the PUBLISHER does not make the WORK available
within such time, except for delays caused by external circumstances beyond its control, the AUTHOR may give written notice to the PUBLISHER to
make the WORK available within thirty (30) days. If the PUBLISHER does not do so, this Agreement shall terminate and all rights herein granted shall
revert to the AUTHOR.
|12. Publication Format
PUBLISHER shall have full discretion as to price, production, appearance and formats of the WORK.
|13. Author Proof
PUBLISHER will provide the AUTHOR with the proofing option as defined on the PUBLISHER'S web site. The AUTHOR shall have fourteen (14)
days to proof the WORK from the date the work is sent for proof.. The AUTHOR shall use reasonable efforts to adhere to proofing procedures posted
by the PUBLISHER and it is understood by the AUTHOR that the PUBLISHER may terminate publication in the event the AUTHOR does not provide
the required proofing feedback. If the PUBLISHER terminates publication due to a lack of required feedback from the AUTHOR, the PUBLISHER shall
not be required to refund any submission payments, or return the submission package or WORK. Once the work has been approved by author,
production begins. Otherwise, changes will be made to the proof and it will be resubmitted to author for a second revision until all correction is made by
the author. The author may have two opportunities to revise his work after proofs are sent by publisher and author shall adhere to the 14 day deadline
for each time of revision.
|14. Copyright and Title Registration
PUBLISHER agrees to post for the WORK the copyright name specified by AUTHOR and secure a unique ISBN.
|15. Author Copies and Discounts
AUTHOR shall receive free copies and purchase discounts as provided in Schedule A.
|16. Title and Author Information
The PUBLISHER may post pertinent information regarding AUTHOR or WORK. The information may include elements of the title submission package,
such as the author biographical sketch and description of the WORK. The PUBLISHER may also post additional information that will help promote the
AUTHOR or WORK. If the PUBLISHER requests such information, the AUTHOR agrees to promptly provide the information.
|17. Publisher Bankruptcy
If the PUBLISHER commences bankruptcy proceedings, all rights to the WORK shall immediately revert to the AUTHOR.
|18. Termination by Publisher
Upon giving thirty (30) days advance written notice, the PUBLISHER may terminate publication of the WORK without cause, at which point the rights
to the WORK immediately revert to the AUTHOR. The PUBLISHER may also immediately suspend or terminate the publication of the WORK upon
acquiring knowledge of an actual or potential liability claim relating to the WORK. The PUBLISHER shall pay any accrued royalty income due the
AUTHOR within sixty (60) days of the end of the calendar quarter during which Publisher stops selling or distributing the book.
|19. Author Warranties
AUTHOR represents and warrants the following to the PUBLISHER: (i) AUTHOR is the sole owner of the WORK (including any associated cover or
interior graphics supplied by the AUTHOR) and has the full power, authority and right to enter into this Agreement; (ii) this Agreement does not conflict
with any arrangements, understandings, or agreements between the AUTHOR and any other person or entity; (iii) the WORK is not in the public domain
and is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured; (iv) the WORK and all
rights therein are free of liens, claims, interests or rights in others of any kind; (v) the WORK as submitted, and its publication by the PUBLISHER, do
not and will not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademark rights, trade secret rights,
contract rights, privacy rights, or publicity rights of any other persons; (vi) the WORK is not defamatory or obscene, or in any other way illegal; and any
recipes, formulae, instructions, or recommendations contained in the WORK are not and will not be injurious to any reader, user, or third person; (vii) all
information in the submission package is accurate.
AUTHOR agrees to fully indemnify, defend and hold harmless the PUBLISHER and its AFFILIATES from and against any losses, lost profits, damages,
liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney's fees and court costs) arising from,
connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth above, but the AUTHOR shall not be
liable for any matter inserted in the WORK by the PUBLISHER or its licensees. All warranties and indemnification made by the AUTHOR herein shall
survive termination of this Agreement or any license hereunder. "AFFILIATES" means owners, shareholders, officers, directors, employees, parents,
subsidiaries, affiliated companies, licensees, distributors, advertisers, Internet service providers, attorneys, and accountants and any other person or entity
to whom PUBLISHER extends its license or warranties to in connection with the production, dissemination, transmission, promotion, publication, or
distribution of the WORK or the exercise of any rights therein or derived therefrom.
All notices must be given in writing and sent by mail overnight courier, (e.g., FedEx, UPS, Airborne Express, or DHL) to AUTHOR'S address specified
below and to PUBLISHER'S addresses displayed at PUBLISHER'S web site on the date of the notice. Notices sent by overnight courier shall be deemed
given two days after the date of delivery to the courier. Notwithstanding the foregoing, e-mail notices may be used for matters involving proofing and
|22. Additional Instruments
AUTHOR agrees to complete and execute the title submission form and author biographical sketch and all additional instruments reasonably requested by
PUBLISHER to confirm and effectuate this Agreement.
|23. Copyright Infringement
PUBLISHER shall have the exclusive right to commence action for copyright infringement based on the rights granted hereunder, and AUTHOR shall not
commence any such copyright infringement action without PUBLISHER'S prior written consent, provided that if PUBLISHER refuses AUTHOR'S
noticed request to commence such an action, the AUTHOR may proceed alone, and further provided that the AUTHOR may join as a party plaintiff in
any action commenced by the PUBLISHER. If either party declines or fails to participate in such action, the party maintaining the action shall enjoy the
full recovery therefrom and bear all costs and expenses thereof. But if both PUBLISHER and AUTHOR participate, they shall equally share the expense
of the action and recoup such expenses from the proceeds recovered from the action, the balance of the recovered proceeds to be divided equally between
AUTHOR and PUBLISHER.
|24. General Provisions
This Agreement shall be governed by the internal laws of the State of Florida as a contract fully executed, without regard to conflict of laws rules, and shall
bind and benefit the applicable heirs, successors, assigns, and personal representatives of the parties hereto, though AUTHOR may not assign this
Agreement or any rights or obligations hereunder, by operation of law or any other manner, without the PUBLISHER'S prior written consent, such
consent not to be unreasonably withheld. If any term or provision of this Agreement is illegal or unenforceable, then, nonetheless, this Agreement shall
remain in full force and effect and such term or provision shall be deemed deleted or curtailed only to such extent as is necessary to make it legal or
enforceable. This Agreement represents the complete understanding between the parties as to its subject matter and supersedes all prior understandings, if
any, as to its subject matter. No modification, amendment, or waiver shall be valid or binding unless made in writing and signed by all parties hereto.
|By completing the following and submitting the required materials, the AUTHOR agrees to all the terms and conditions in this Agreement.
(Signature of Author- is NOT required if submitting ON-LINE) If submitting by MAIL please print page, sign and attach to the application
(Printed Name of Author)
(Address of Author)
(Phone Number of Author)
(Fax number of Author)
(E-mail Address of Author)
(Title of Work)
(U.S. Copyright No. - if any)
(Author Social Security No.)
On all sales of printed copies of the WORK, the PUBLISHER will pay the AUTHOR a royalty equal to twenty five percent (25%) of the payments the
PUBLISHER actually RECEIVES from sales of printed copies of the WORK, less any refunds and returns. Wholesalers and bookstores retain their
stipulated percentage of the price of the book. The remainder percentage received by the publisher is what the 35% royalty be based on. Royalties
will not be paid on copies provided or sold to the AUTHOR. Author has special discounts to purchase their books as specified in our site.
|· Submissions and Payments
|Online Submissions are submitted at the PUBLISHER'S Web site in an automated manner. The AUTHOR must upload:
|1. all the required information
|2. a copy of the WORK in an electronic format listed as acceptable on the PUBLISHER'S Web site.
|3. all graphics (if AUTHOR chooses to provide) in an electronic format listed as acceptable on the PUBLISHER'S Web site.
|Submissions by Mail are sent via U.S. mail or by express courier. The AUTHOR must submit in one package:
|1. a signed hardcopy of the Publishing Agreement and on a storage medium specified as acceptable on the PUBLISHER'S Web site the following material:
|2. Complete form containing all the required information
|3. a copy of the WORK on CD formated as acceptable on the PUBLISHER'S Web site.
|4. all graphics (if AUTHOR chooses to provide) in an electronic format listed as acceptable on the PUBLISHER'S Web site.
|The package must be sent to New Global Publishing, Publishing Services, PO Box 222355 West Palm Beach, FL 33417. The author shall make every
effort to send materials through certified mail or UPS for best delivery confirmation. The PUBLISHER is not responsible in any manner for
materials never received or lost in transit.
Payment for online submissions and related fees must be made with a major credit card (accepted cards as listed on PUBLISHER'S Web site) and shall be
made in U.S. Dollars to "New Global Publishing." Payment for mail submissions and related fees must be made with a check or a major credit card
(accepted cards as listed on PUBLISHER'S Web site) and shall be made in U.S. Dollars to "New Global Publishing, Inc." The fees for publishing and
related services shall be based on the current information displayed on the submissions area of the PUBLISHER'S Web site. The PUBLISHER may change
the fee structure, at any time, at its sole discretion. In the event that a fee is established based on input from the AUTHOR, the fee can be reviewed by
the PUBLISHER. If the PUBLISHER believes the fee structure should be higher than the pricing estimated based on AUTHOR input, the PUBLISHER
will contact the AUTHOR to request additional payment before starting the publication process.
|· Editorial Evaluation and Review
All submissions will be reviewed by a professional editor and evaluated for quality and market potential based on the guidelines posted on the
PUBLISHER'S Web site.
|· Free Copies
AUTHOR shall be entitled to three (3) copies of the book upon publication.
|· Author Discounts
AUTHOR shall have the right to purchase copies of the WORK at a discount. For single order quantities of one (1) to nine (9) books the AUTHOR shall
receive a discount of twenty percent (25%) off list price, ten (10) to forty-nine (49) books the AUTHOR shall receive a discount of twenty-five percent
(30%) off list price, for single order quantities of fifty (50) to ninety-nine books (99) the AUTHOR shall receive a discount of thirty percent (35%) off
list price. Discounts on quantities of one hundred (100) or more copies will be available to AUTHOR at a discount of 40% off list price. . All AUTHOR
payments must be made in advance. The PUBLISHER is not required to pay royalties on any direct sales of the WORK to AUTHOR.
|· Title Maintenance
After PUBLISHER has made the WORK available for the first twelve (12) month period, PUBLISHER has the right to charge an annual title maintenance
fee for each version of the WORK, for each additional twelve (12) month per that the WORK remains available through. At no time will the fee exceed
twenty-five U.S. Dollars ($25) per version per year. The PUBLISHER may opt to deduct the title maintenance fee from any future royalty payments due
| Press the BACKSPACE key of your browser to return to application form
|Royalty Rate = 35%
* On all sales of printed copies of the WORK, the PUBLISHER will pay the AUTHOR a royalty equal to thirty five percent (35%) of the
payments the PUBLISHER actually receives from sales of printed copies of the WORK, less any refunds and returns. Royalties will not be
paid on copies provided or sold to the AUTHOR.