| TRIPLEUpgradedPlus Package Publishing Agreement |
| Please print a copy of this Agreement for your records. |
| 1. Parties 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. |
| 5. Term 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 PUBLISHER. |
| 7. Royalties 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. |
| 11. Publication 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. |
| 20. Indemnification 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. |
| 21. Notices 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 WORK publication. |
| 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. |
| By: |
| ___________________________ (Signature of Author- is NOT required if submitting ON-LINE) If submitting by MAIL please print page, sign and attach to the application form on-line) |
| ___________________________ (Date Signed) |
| ___________________________ (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.) |
| Schedule A |
| · Royalties 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. |
| · Payments 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 the AUTHOR. |
| 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. |