PARTIES TO AGREEMENT

This is an agreement between Metier Books, an imprint of Media Creations Inc., a Florida corporation with principal offices at 8055 W. McNab Road, Tamarac, FL  33321, hereinafter known as PUBLISHER and AUTHOR for the AUTHOR'S WORK as described in the following documents.

LICENSE TO PUBLISH

AUTHOR grants to the PUBLISHER non-exclusive rights to publish the WORK in print and electronic media, in whole or in part, in all languages throughout the world. 

TERM OF LICENSE

The license for the WORK shall extend for three (3) years after the date the PUBLISHER first releases it for publication.  The license will automatically renew for consecutive one (1) year terms if neither party gives at least thirty (30) days written notice that it desires to terminate this license. 

AUTHOR CANCELLATION

AUTHOR has the right at any time to cancel this agreement with thirty (30) days written notice to the PUBLISHER. 

PRINT ROYALTIES

On all sales of printed copies of the WORK, the PUBLISHER will pay the AUTHOR royalties based on the sales of the WORK.  Royalties will not be paid on copies of the WORK sold to the AUTHOR.  Royalties are paid on of all printed copies of the WORK less shipping and handling charges, sales and use taxes, and returns.  Royalties for Print sales are 30% of the list price for all copies sold directly through PUBLISHER, and 10% of the list price for all copies sold through third parties.

ELECTRONIC ROYALTIES

On all sales of electronic versions of the WORK, the PUBLISHER will pay the AUTHOR a royalty based on sales of eBooks, CD-ROM versions of the WORK, or any other electronic reproduction, distribution or transmission of the WORK.  Royalties will not be made on electronic copies provided or sold to the AUTHOR, nor on copies given away for promotional purposes to reviewers or the press.  Royalties are based on sales of electronic versions of the WORK less any distribution charges, sales and use taxes, and returns.  Royalties for electronic sales are 60% of the list price for all copies sold directly through PUBLISHER, and 40% for copies sold through third parties..

SUBSIDIARY RIGHTS

AUTHOR retains all subsidiary rights including theater, film, and television rights in the WORK.

PUBLISHING OPTIONS

Electronic Distribution:  All accepted WORKs will be distributed as electronic books on the PUBLISHER's site and through resellers.  

Distribution through Print on Demand:  If Author selects this option, PUBLISHER will prepare the book for distribution as a Quality Trade Paperback and/or Hardcover book.  PUBLISHER agrees to secure a unique ISBN and register the WORK with the Library of Congress.  PUBLISHER will also submit the work to distributors including the Ingram database so that it may be available for sale via "print on demand" at retail outlets using these systems.

COPYRIGHT AND TITLE REGISTRATION

AUTHOR will copyright the WORK in his or her own name.  

ROYALTY PAYMENTS

PUBLISHER will make royalty payments monthly reflecting sales from the second previous month if royalties have been earned.  (i.e.  January sales are paid in March)   PUBLISHER shall forward to AUTHOR a royalty statement and payment each month reflecting sales from the second previous month.  Checks will be sent out on or about the first of the month if the amount of royalties earned is $20.00 or more. 

SUBMISSION ACCEPTANCE

PUBLISHER reserves the right, in its sole discretion, not to accept a submission.

SUBMISSION GUIDELINES

AUTHOR agrees to pay PUBLISHER a one-time fee of $799 for setup of a Print-on-Demand book and an eBook.  Additional fees of $50 for a proof copy of the WORK, $100 to participate in Ingram Advance, and additional fees for marketing packages are at the AUTHOR's discretion.  There is no charge for up to 7 black and white photos or illustrations that are in digital format, but the AUTHOR agrees to pay $5 for each photo or illustration that must be scanned by Llumina Press for inclusion in the WORK, and to pay an additional formatting charge of $4 per image for each image over the 7 that are included in the package.

PUBLICATION

PUBLISHER intends to market the WORK on its web site and make the work available for print-on-demand distribution within 90 days after receipt of all required materials relating to the WORK, but in no case more than 180 days after receipt of all the required materials relating to the WORK.  If the PUBLISHER does not make the WORK available within such time, the AUTHOR may give notice to the PUBLISHER to make the WORK available within 30 days.  If the PUBLISHER does not do so, this agreement shall terminate, all licenses herein shall revert to the AUTHOR and the PUBLISHER shall refund the setup fee, if any, to the AUTHOR.

FORMAT AND PRICE

PUBLISHER shall have full discretion as to production, appearance, and formatting of the WORK.  The price of the work shall be determined based on the cost of production and the distributor discount as agreed upon by author.

AUTHOR PROOF

PUBLISHER will provide AUTHOR with a digital proof of the WORK.  AUTHOR will make corrections on proof as documented on PUBLISHER's web site.

AUTHOR COPIES

AUTHOR shall receive one free copy of the WORK as well as all purchase discounts described herein.

PUBLISHER TERMINATION

PUBLISHER may terminate publication of the WORK with thirty (30) days written notice to the AUTHOR, at which point all rights revert to the AUTHOR.  Once the WORK has been printed in book format the submission payment will not be refunded; however all accrued royalties will be paid to AUTHOR.

WEB PAGE

PUBLISHER agrees to publish a web page on its site providing details about the WORK and the AUTHOR.  Such web page may also contain an excerpt from the WORK.  From time to time, the PUBLISHER may publish information about the AUTHOR or the WORK.  If PUBLISHER requests additional promotional information, AUTHOR will promptly provide it.

AUTHOR WARRANTIES

AUTHOR represents and warrants that AUTHOR is the sole owner of the WORK and has the full power, authority and right to enter into this agreement; this agreement does not conflict with any arrangements, understandings, or agreements between the AUTHOR and any other person or entity; 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; the WORK and all rights therein are free of liens, claims, interests or rights in others of any kind; 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; 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 party; all information in  the submission package is accurate.

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.

ADDITIONAL INSTRUMENTS

AUTHOR agrees to complete and execute the title submission form, author bio, and all additional instruments reasonably requested by the PUBLISHER to confirm and effectuate this agreement.

GENERAL PROVISIONS:

This agreement shall be governed by the laws of the State of Florida.  It contains all and the only agreement, and supersedes any other agreement, oral, written or otherwise construed as a prior agreement between the AUTHOR and PUBLISHER.  This agreement cannot be appended, changed, modified, word or words added or deleted except by the mutual written agreement of the AUTHOR and the PUBLISHER.  This agreement is binding upon the heirs, executors, administrators and assigns of the AUTHOR and the PUBLISHER.

By completing the following and submitting the required materials, the AUTHOR agrees to all the terms and conditions in this agreement.

By:

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Signature of Author (required only if submitting by mail)

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Date (required only if submitting by mail)