Semper Press Sample Contract

Transparency matters to us, and we believe our contract is the best and most favorable to authors to be found anywhere in the industry. More to the point, we believe it’s important for authors to know exactly what they’ll be signing right up front. For this reason, we decided to post our contract so you, as an author, can review it for yourself before submitting. Please DO NOT print and sign this before your manuscript has completed the vetting process. While we understand you’re excited to get cracking, we have policies and procedures in place to ensure we get everything we need to keep ourselves, and you, on the right side of the law.

SAMPLE PUBLISHING CONTRACT

This publishing agreement is entered into and effective on the date signed by both parties, initialized between Author Name writing as Pen Name herein called the Author, and Semper Press, herein called the Publisher, for Title, herein called the work, for a term of one year from the date of signature on this agreement or publication of the work, whichever is longer.

Grant of Publisher rights

The Author, on behalf of him/herself, heir, executors, administrators, successors, and assignees, grants the following exclusive worldwide rights to the Publisher to produce, publish, and sell in e-book formats such as, iPod, lit, html, PDF, etc., including any e-book formats invented while this contract is in effect. These are global first English-language rights. Author hereby retains all rights to the work not specifically granted to the Publisher in this contract such as movie and paperback/print rights. Should the Author wish their books to be translated into other languages, they may proceed as long as Publisher is not offering titles in another language. Should Publisher later add foreign language or print options to the titles, any Title already being available in a language other than English will not be impacted, only titles not under special agreement. Author agrees to advise Publisher of intent to exercise non-English rights to Work.

Author warranties

  1. The Author hereby represents and warrants to the Publisher the following:
  2. She/he (they are) is the Author and sole owner of the work, or has been assigned exclusive rights to the work.
  3. The work is original and no part of the work was taken from or based on any other literary, dramatic, musical, film, or graphic arts, except as identified in the writing by the Author.
  4. The work does not infringe upon any copyright, privacy rights, rights of a third party, or any common law or statutory law.
  5. The work does not contain any material of a libelous or obscene nature.
  6. The work is not the public domain, and has not been published in any format with any company that may still own such rights to the work.
  7. The Author holds the power of Authority to grant these rights.
  8. If this work has been previously published in any form, the Author warrants that the rights granted herein have been reverted to her/him. As an addendum to this agreement the Author shall provide a written memorandum documenting the reversion of the rights granted by any publishing company that may still own proprietary right to the work, along with documentation from the previous publisher stating that all rights belong to the Author.
  9. If a judgment is obtained against the Publisher for usurping rights still controlled by a Publisher or other entity other than the Publisher or the Author, the Author agrees to hold the Publisher harmless and to indemnify the Publisher for damages and costs. If the Publisher prevails against a suing party or resolves the matter by an out of court settlement, the Author will be liable to indemnify the Publisher for defense and settlement cost.
  1. Author agrees to hold Publisher harmless and indemnify the Publisher against any claim, demand, action, suit, proceeding or any expense whatsoever, arising for claims of infringement of copyright or proprietary rights, or claims of libel, obscenity, invasion of privacy, or any other unlawfulness based upon or arising from the publication or any matter pertaining to the work, except as expressly stated in this contract.
  2. Author warrants and represents that to the best of Author’s knowledge and belief, all statements of fact contained in the work are true and based on appropriate and diligent research. A note may be added to the work to show proof of research completed if Author so desires.
  3. Author warrants that she/he will not hereafter enter into any agreement or understanding with any person or entity that would conflict with the rights granted to the Publisher during the term of this contract.
  4. Should this title be part of a series, Author guarantees Publisher first option on the rest of the series, or on any titles in which the characters appear.
  5. If Publisher requests rewrites of the Author, Author guarantees prompt responses to all correspondence, either electronic or paper. If a rewrite deadline is give and Author does not acknowledge the deadline within three (3) days, or keep the deadline, this contract may be terminated.

Manuscript

  1. Author agrees to deliver to the Publisher the completed work requested on or before (Date) in the format agreed upon by the Publisher, executive director, and Author. Should Author wish to make any changes to the Work, it should be done prior to the due date. Author further understands that Publisher will make every reasonable effort to release the Work within six (6) months of approval, but it may take up to twelve (12) months from receipt, possibly longer if re-writes are requested of the Author.
  2. Author shall, at the time of submission of final work, include written authorizations or permissions for the use of any copyrighted or other proprietary material that appears in the work, including but not limited to art, illustrations or quotes. These authorizations and permissions shall be obtained at the Author’s own expense.
  3. Publisher reserves the right of final approval on revised final work submissions. Author shall be notified of such acceptance of revised work or further revision requirements within one (1) week of receipt.
  4. Author is responsible for maintaining backup copies of work.
  5. Publisher reserves the right to reject the work and terminate this contract if Author fails to meet deadlines, if work does not meet Publisher’s minimum standard of quality, or if Author fails to do the required revisions.
  6. Publisher retains the right to edit and revise work for any and all uses described under the contract, provided that Author’s original concept of work is not materially altered without Author’s agreement. Author understands such changes are necessary for the overall improvement of work and agrees to assist Publisher in any reasonable manner to complete such edits within the time frame stipulated in “Author Warranties,” Paragraph F.
  7. Publisher will provide the cover art with Author’s input, but ultimate approval by the Author is not required, implied or assured in any manner. The Publisher will be the sole decision maker on the cover. The cover will be made one time and no revisions will be made to it unless an error is made in the title of the book or the Author’s name. At that time, the Author may contact the Publisher for those changes to be made. No other reason will be deemed acceptable. Should the Author desire to have a cover done outside of the Publisher’s company, the Author will incur all expenses for said cover art and will provide the Publisher with a copy in JPG high resolution format, as well as the artist’s name. Author will be required to sign a cover art waiver. Author may not use Publisher’s cover art for any purpose not directly related to promotion or sale of Work as it exists with Publisher, including release in non-Publisher-supported formats, without Publisher’s express written consent. Author understands, acknowledges and agrees that Publisher may require Author to pay a separate licensing fee for such cover art, and that use of Publisher-provided cover art without Publisher’s consent, approval or prior to Publisher receipt of a fair and reasonable licensing fee shall entitle Publisher to damages of $300, to be withheld from Author royalties until such is repaid. Should any balance remain upon such damages at contract expiry, Author agrees the remaining amount shall be due and payable within 14 (fourteen) calendar days of contract expiry or upon electronic sending by Publisher of demand for same. Upon payment in full, Author will be furnished a written license to use Publisher-provided cover.
  8. Publisher has final approval of the title of the book. The title Author chose will be used unless there is another book with that same title listed with the Publisher or another work of sufficient similarity to Author’s chosen title exists within the marketplace to prompt possible liability or legal action, and then a change will have to be made at the Publisher’s discretion. The Author will have the first chance to change it.
  9. Publisher will prepare the work for formatting. Author understands that the formatting the book is received in will not be used for the final work. A change of formatting may include margins, overall size, fonts, etc.
  10. Publisher shall have the right to produce, advertise, promote, and publish the work in a style in which the Publisher deems appropriate to the work, including format, pricing, and distribution. Publisher has the right of final approval of Author’s manuscript. Publisher will distribute the book where the Publisher deems appropriate such as Amazon Kindle, Amazon (paperback), Lightning Source, and anywhere else that Publisher decides during the term of the contract. Publisher also reserves the right to advertise anywhere the Publisher deems appropriate such as: Facebook, YouTube, Twitter, Google Plus, forums, groups, review sites, magazines, Amazon, etc.
  11. The Publisher has the right to contract with distributors, bookstores, vendors, organizations and/or outlets of books to sell the work within the Publisher’s name. For all sales through these outlets, the Author will be compensated royalty of 65% (sixty-five percent) of the sale price to outlet, less any handling costs or discounts charged by the outlet. The Author may only contact booksellers in regards to promoting their own works (book signings, leaving bookmarks, etc.). Author does not have the authority to enter into any agreements on behalf of the Publisher.
  12. The Publisher reserves the right to set the price of the work, put said work on sale or lower the price of the work if it is not selling copies. If the title has not sold any copies in (3) three months, the Publisher will automatically lower the price of the book as stated in “Terms of Contract.” If at the end of (6) six months no copies have sold, the Publisher has the right to remove the work from Publisher’s site and all third-party distributors and void this contract, at which time all rights would revert to the Author.

Royalties

  1. Royalties shall be paid monthly within 30 days of the first day following the end of the month in which the royalties were generated via check or PayPal. (Thus, for all royalties ending October 31st, for example, payment will be sent out no later than December 1st, excluding payments from third-party retailers. These royalties shall be sent on the first day of the month following the month in which they are received by publisher.) The checks will be mailed no later than the 1st of the payment month, if the royalty is $10.00 (ten dollars) or greater. If payment is not received for the last month of the quarter from outside retailers or the amount is less than $10.00 (ten dollars), a statement will be sent on the amount the Publisher has already received and the last month will be added to your next statement. Royalties for e-book are 65% (sixty-five percent) of the gross amount the publisher receives. Print manuscripts are not available through Semper Press at this time, but this may change in future and specifications for print shall be appended to Contract, if desired by Author, by attaching a signed addendum setting forth terms of same. If Author wishes to make print copies available to readers, Author agrees to be bound by terms of “Manuscript” Paragraph G, but Publisher shall have no further financial concern or interest in such print work, nor is Author bound or obligated by the terms of this contract to remit to Publisher the customary 35% (thirty-five percent) otherwise claimed by Publisher for any sale or revenue generated from such print work. Author and Publisher shall make every reasonable effort to encourage readers to use Publisher’s site to purchase books, as Author and Publisher will realize higher profits this way. Royalties on works placed at third-party retailers shall be paid at 65% (sixty-five percent) of the net of the Publisher’s price less any fees imposed by the third party.
  2. Statements will be emailed to the Author by the 1st of each month for the sales period no more than two months previous, excluding statements of sales from third parties who report quarterly. (The statement emailed on December 1st will include all sales made up to October 31st.) It is the Author’s responsibility to keep up with statements for tax purposes.
  3. No royalties will be paid on any copies of the book sent for reviews, promotional purposes, advertising, or other similar purposes. No royalties will be paid on returned books. Authors may purchase promotional copies of work at 35% (thirty-five percent) of Publisher’s set price on work. No copies shall be provided to Author, excepting 1 (one) proof copy prior to publication. It is the Author’s responsibility to advise Publishers of any egregious error in Author’s name or title of work prior to the work being available for sale on Publisher’s site. If sales in any calendar year are under $600, the Publisher may issue a 1099 at its own discretion. Payment of taxes on royalties is the sole responsibility of the Author whether or not a 1099 is issued. If a 1099 is not issued the quarterly/monthly statements can be used for tax purposes on the Author’s behalf.
  4. The Author is responsible for giving the Publisher any change of addresses, both email and postal mail, that they may have. This could cause statements and payments to be lost or late. If the Author does not provide the Publisher with this information in a timely fashion, the Publisher shall not be held liable or responsible for late or missing payments due to an incorrect address. Authors residing outside the United States of America agree that PayPal shall be the sole medium of payment, and that VAT and currency exchange fees assessed by PayPal shall be deducted from funds due Author. Author agrees to furnish Publisher with a valid US TIN or SSN upon signature to ensure correct withholding and reporting of taxes to the Internal Revenue Service of the United States Treasury.

Advertising and Promotion

  1. The Publisher reserves the right to advertise however they deem appropriate.
  2. Authors are required to maintain a website or blog, and to participate from time to time in reader promotional events as requested by Publisher, absent a valid, good-faith reason for failure to do so. Free websites are available so this can be done at no cost to the Author. They may use the first three (3) chapters of their work, not to exceed thirty (30) pages of the final formatted and edited product, on their website in order to promote their book. If their work is a short story, they may use the first chapter, not to exceed five (5) pages, on their website in order to promote their book.
  3. A change of title of the work does not void this contract.
  4. The Publisher will aggressively advertise the book through all available outlets for (2) two months prior to release, (1) calendar month following book release and at a reduced rate as feasible and practicable beyond this (3) three-month period to allow for greater focus on new and forthcoming titles. The Author agrees to self-promote Work to the best of their ability drawing upon all channels open to the author. Author understands without self-promotion, Work may not sell as well, if at all, as it would with self-promotion.
  5. Author understands that the Publisher will submit their Work to various places for reviews. A review is free advertising and gives the Author feedback on their book or writing style. Author understands that not all reviews will be positive or as high a rating as they wish. Further, Author may submit their work to review sites, but must first let the Publisher know where the books will be sent, to ensure that duplicate copies are not sent to the same place.

Jurisdiction and Severability

 

Governance of the terms included herein fall under United States Code and Utah state statutes. Should a dispute arise that cannot be resolved by reliance upon the mechanisms included in this agreement, Author and Publisher agree and acknowledge that the proper venue for resolving such dispute shall be in a court or arbitration setting residing in Washington County, Utah or such other place as the Publisher may elect to relocate at a later time.

Should any portion of this agreement be deemed unlawful or invalid by a court or arbitration service of appropriate authority, that portion shall be invalid and the agreement revised to the minimum extent necessary to bring such clause into compliance with statutory law or court order. The remainder of the agreement shall remain in full force and effect for its natural duration.

Terms of Contract

The contract will be for (1) one year from the signature of this agreement or publication release date of the manuscript, under royalty payment policies as described in “Royalties,” Paragraph A. At the end of the contract term, it may be renewed for an additional (1) one year if both parties are in agreement. If the Author wishes the contract to continue, Author is responsible to contact the Publisher, in writing, at least (30) thirty days prior to the expiration of the contract.

The Publisher reserves the right to pull the title and terminate the contract at no cost to the Publisher or Author if no sales have been made within (3) three months of the release of the title. The Author will be notified if such a decision is made and all rights will automatically revert to the Author, with notice emailed or physically sent to the Author’s address on record at the Publisher’s sole discretion. All Semper Press titles shall be initially priced as follows:

  • 0-19,999 words: $.99
  • 20,000-59,999 words: $2.99
  • 60,000+ words: $4.99

If the price must be reduced at publisher’s discretion, the new rates shall be:

  • 0-19,999 words: $.49 on Publisher’s platform
  • 20,000-59,999 words: $1.99
  • 60,000+ words: $2.99

The pricing at full and reduced rates described herein will be uniform and standard for all authors, regardless of other factors, in order to present a unified and clearly understandable pricing model to readers.

The Author may petition the Publisher to terminate the contract at any time during the term of the contract, but it will cost the Author $50 (fifty US dollars) as a “kill fee” for editing, formatting and cover art expenses incurred by Publisher prior to expiry of contract if Work has not earned back front-end expenses for these considerations. If Work has earned back such expenses, the Author may petition the Publisher to terminate the contract at any time during its term without penalty. Author shall incur no penalty or “kill fee” if the work is removed and the rights reverted at Publisher’s discretion.

If for any reason the Publisher files bankruptcy, goes out of business or decides to no longer be in business, the agreement shall be void and all rights to the work automatically revert back to the Author. Should the Publisher go through a name change, all contract terms will stand. Should the Publisher go through a change of ownership, all contract rights will revert to Author unless Author and new Owner can come to mutually agreeable terms within thirty (30) days of completion of sale. Any documents granting new Owner control of Semper Press shall require honoring the terms of existing agreements, including this clause, for all existing Authors until their natural expiration date, unless such documents come as a result of court order, in which case the text and language of the order shall prevail.

Blurbs & Back Cover

Publisher will create blurbs and/or back cover copy, unless Author submits same with the manuscript. Publisher reserves the right to edit, amend, alter or discard entirely the Author-provided blurb and/or back cover copy at the Publisher’s sole discretion. Author will be granted the chance to review such copy prior to market placement of work. Every reasonable effort shall be made to use Author’s provided blurb unless editorial considerations render such blurb unusable.

By signing this contract I agree that I have read or had read to me the contents of this agreement and do hereby accept all the terms and conditions contained herein. An electronic signature shall be held to be as valid as a physical signature by both parties.

_________________________________________________

Author                                                                       Date

_________________________________________________

Semper Press                                                            Date

Title: _____________________________________________________________________

Author: ___________________________________________________________________

Full Legal Name as on SS Card Or National/State Identification or Driver’s License Card:

__________________________________________________________________________

Address:___________________________________________________________________

Address Line 2: _____________________________________________________________

City, State, Zip ______________________________________________________________

Phone Number: _____________________________________________________________

Email Address: _____________________________________________________________

SS# or Tax ID# _____________________________________________________________

Semper Press

Cover Art Request Form

Today’s Date:

Release Date (if known/assigned):

Author Name:

Title:

Genre:

Type (m/f, m/m, f/f, m/f/m, etc.):

In-text description of MC:

In-text description of MC:

(Please add further character descriptions as appropriate for ménage stories)

SEO Keywords:

Book Blurb: (copy and paste here)

Other Information:

Semper Press

SAMPLE PUBLISHING CONTRACT

This publishing agreement is entered into and effective on the date signed by both parties, initialized between Author Name writing as Pen Name herein called the Author, and Semper Press, herein called the Publisher, for Title, herein called the work, for a term of one year from the date of signature on this agreement or publication of the work, whichever is longer.

Grant of Publisher rights

The Author, on behalf of him/herself, heir, executors, administrators, successors, and assignees, grants the following exclusive worldwide rights to the Publisher to produce, publish, and sell in e-book formats such as, iPod, lit, html, PDF, etc., including any e-book formats invented while this contract is in effect. These are global first English-language rights. Author hereby retains all rights to the work not specifically granted to the Publisher in this contract such as movie and paperback/print rights. Should the Author wish their books to be translated into other languages, they may proceed as long as Publisher is not offering titles in another language. Should Publisher later add foreign language or print options to the titles, any Title already being available in a language other than English will not be impacted, only titles not under special agreement. Author agrees to advise Publisher of intent to exercise non-English rights to Work.

Author warranties

  1. The Author hereby represents and warrants to the Publisher the following:
  2. She/he (they are) is the Author and sole owner of the work, or has been assigned exclusive rights to the work.
  3. The work is original and no part of the work was taken from or based on any other literary, dramatic, musical, film, or graphic arts, except as identified in the writing by the Author.
  4. The work does not infringe upon any copyright, privacy rights, rights of a third party, or any common law or statutory law.
  5. The work does not contain any material of a libelous or obscene nature.
  6. The work is not the public domain, and has not been published in any format with any company that may still own such rights to the work.
  7. The Author holds the power of Authority to grant these rights.
  8. If this work has been previously published in any form, the Author warrants that the rights granted herein have been reverted to her/him. As an addendum to this agreement the Author shall provide a written memorandum documenting the reversion of the rights granted by any publishing company that may still own proprietary right to the work, along with documentation from the previous publisher stating that all rights belong to the Author.
  9. If a judgment is obtained against the Publisher for usurping rights still controlled by a Publisher or other entity other than the Publisher or the Author, the Author agrees to hold the Publisher harmless and to indemnify the Publisher for damages and costs. If the Publisher prevails against a suing party or resolves the matter by an out of court settlement, the Author will be liable to indemnify the Publisher for defense and settlement cost.
  1. Author agrees to hold Publisher harmless and indemnify the Publisher against any claim, demand, action, suit, proceeding or any expense whatsoever, arising for claims of infringement of copyright or proprietary rights, or claims of libel, obscenity, invasion of privacy, or any other unlawfulness based upon or arising from the publication or any matter pertaining to the work, except as expressly stated in this contract.
  2. Author warrants and represents that to the best of Author’s knowledge and belief, all statements of fact contained in the work are true and based on appropriate and diligent research. A note may be added to the work to show proof of research completed if Author so desires.
  3. Author warrants that she/he will not hereafter enter into any agreement or understanding with any person or entity that would conflict with the rights granted to the Publisher during the term of this contract.
  4. Should this title be part of a series, Author guarantees Publisher first option on the rest of the series, or on any titles in which the characters appear.
  5. If Publisher requests rewrites of the Author, Author guarantees prompt responses to all correspondence, either electronic or paper. If a rewrite deadline is give and Author does not acknowledge the deadline within three (3) days, or keep the deadline, this contract may be terminated.

Manuscript

  1. Author agrees to deliver to the Publisher the completed work requested on or before (Date) in the format agreed upon by the Publisher, executive director, and Author. Should Author wish to make any changes to the Work, it should be done prior to the due date. Author further understands that Publisher will make every reasonable effort to release the Work within six (6) months of approval, but it may take up to twelve (12) months from receipt, possibly longer if re-writes are requested of the Author.
  2. Author shall, at the time of submission of final work, include written authorizations or permissions for the use of any copyrighted or other proprietary material that appears in the work, including but not limited to art, illustrations or quotes. These authorizations and permissions shall be obtained at the Author’s own expense.
  3. Publisher reserves the right of final approval on revised final work submissions. Author shall be notified of such acceptance of revised work or further revision requirements within one (1) week of receipt.
  4. Author is responsible for maintaining backup copies of work.
  5. Publisher reserves the right to reject the work and terminate this contract if Author fails to meet deadlines, if work does not meet Publisher’s minimum standard of quality, or if Author fails to do the required revisions.
  6. Publisher retains the right to edit and revise work for any and all uses described under the contract, provided that Author’s original concept of work is not materially altered without Author’s agreement. Author understands such changes are necessary for the overall improvement of work and agrees to assist Publisher in any reasonable manner to complete such edits within the time frame stipulated in “Author Warranties,” Paragraph F.
  7. Publisher will provide the cover art with Author’s input, but ultimate approval by the Author is not required, implied or assured in any manner. The Publisher will be the sole decision maker on the cover. The cover will be made one time and no revisions will be made to it unless an error is made in the title of the book or the Author’s name. At that time, the Author may contact the Publisher for those changes to be made. No other reason will be deemed acceptable. Should the Author desire to have a cover done outside of the Publisher’s company, the Author will incur all expenses for said cover art and will provide the Publisher with a copy in JPG high resolution format, as well as the artist’s name. Author will be required to sign a cover art waiver. Author may not use Publisher’s cover art for any purpose not directly related to promotion or sale of Work as it exists with Publisher, including release in non-Publisher-supported formats, without Publisher’s express written consent. Author understands, acknowledges and agrees that Publisher may require Author to pay a separate licensing fee for such cover art, and that use of Publisher-provided cover art without Publisher’s consent, approval or prior to Publisher receipt of a fair and reasonable licensing fee shall entitle Publisher to damages of $300, to be withheld from Author royalties until such is repaid. Should any balance remain upon such damages at contract expiry, Author agrees the remaining amount shall be due and payable within 14 (fourteen) calendar days of contract expiry or upon electronic sending by Publisher of demand for same. Upon payment in full, Author will be furnished a written license to use Publisher-provided cover.
  8. Publisher has final approval of the title of the book. The title Author chose will be used unless there is another book with that same title listed with the Publisher or another work of sufficient similarity to Author’s chosen title exists within the marketplace to prompt possible liability or legal action, and then a change will have to be made at the Publisher’s discretion. The Author will have the first chance to change it.
  9. Publisher will prepare the work for formatting. Author understands that the formatting the book is received in will not be used for the final work. A change of formatting may include margins, overall size, fonts, etc.
  10. Publisher shall have the right to produce, advertise, promote, and publish the work in a style in which the Publisher deems appropriate to the work, including format, pricing, and distribution. Publisher has the right of final approval of Author’s manuscript. Publisher will distribute the book where the Publisher deems appropriate such as Amazon Kindle, Amazon (paperback), Lightning Source, and anywhere else that Publisher decides during the term of the contract. Publisher also reserves the right to advertise anywhere the Publisher deems appropriate such as: Facebook, YouTube, Twitter, Google Plus, forums, groups, review sites, magazines, Amazon, etc.
  11. The Publisher has the right to contract with distributors, bookstores, vendors, organizations and/or outlets of books to sell the work within the Publisher’s name. For all sales through these outlets, the Author will be compensated royalty of 65% (sixty-five percent) of the sale price to outlet, less any handling costs or discounts charged by the outlet. The Author may only contact booksellers in regards to promoting their own works (book signings, leaving bookmarks, etc.). Author does not have the authority to enter into any agreements on behalf of the Publisher.
  12. The Publisher reserves the right to set the price of the work, put said work on sale or lower the price of the work if it is not selling copies. If the title has not sold any copies in (3) three months, the Publisher will automatically lower the price of the book as stated in “Terms of Contract.” If at the end of (6) six months no copies have sold, the Publisher has the right to remove the work from Publisher’s site and all third-party distributors and void this contract, at which time all rights would revert to the Author.

Royalties

  1. Royalties shall be paid monthly within 30 days of the first day following the end of the month in which the royalties were generated via check or PayPal. (Thus, for all royalties ending October 31st, for example, payment will be sent out no later than December 1st, excluding payments from third-party retailers. These royalties shall be sent on the first day of the month following the month in which they are received by publisher.) The checks will be mailed no later than the 1st of the payment month, if the royalty is $10.00 (ten dollars) or greater. If payment is not received for the last month of the quarter from outside retailers or the amount is less than $10.00 (ten dollars), a statement will be sent on the amount the Publisher has already received and the last month will be added to your next statement. Royalties for e-book are 65% (sixty-five percent) of the gross amount the publisher receives. Print manuscripts are not available through Semper Press at this time, but this may change in future and specifications for print shall be appended to Contract, if desired by Author, by attaching a signed addendum setting forth terms of same. If Author wishes to make print copies available to readers, Author agrees to be bound by terms of “Manuscript” Paragraph G, but Publisher shall have no further financial concern or interest in such print work, nor is Author bound or obligated by the terms of this contract to remit to Publisher the customary 35% (thirty-five percent) otherwise claimed by Publisher for any sale or revenue generated from such print work. Author and Publisher shall make every reasonable effort to encourage readers to use Publisher’s site to purchase books, as Author and Publisher will realize higher profits this way. Royalties on works placed at third-party retailers shall be paid at 65% (sixty-five percent) of the net of the Publisher’s price less any fees imposed by the third party.
  2. Statements will be emailed to the Author by the 1st of each month for the sales period no more than two months previous, excluding statements of sales from third parties who report quarterly. (The statement emailed on December 1st will include all sales made up to October 31st.) It is the Author’s responsibility to keep up with statements for tax purposes.
  3. No royalties will be paid on any copies of the book sent for reviews, promotional purposes, advertising, or other similar purposes. No royalties will be paid on returned books. Authors may purchase promotional copies of work at 35% (thirty-five percent) of Publisher’s set price on work. No copies shall be provided to Author, excepting 1 (one) proof copy prior to publication. It is the Author’s responsibility to advise Publishers of any egregious error in Author’s name or title of work prior to the work being available for sale on Publisher’s site. If sales in any calendar year are under $600, the Publisher may issue a 1099 at its own discretion. Payment of taxes on royalties is the sole responsibility of the Author whether or not a 1099 is issued. If a 1099 is not issued the quarterly/monthly statements can be used for tax purposes on the Author’s behalf.
  4. The Author is responsible for giving the Publisher any change of addresses, both email and postal mail, that they may have. This could cause statements and payments to be lost or late. If the Author does not provide the Publisher with this information in a timely fashion, the Publisher shall not be held liable or responsible for late or missing payments due to an incorrect address. Authors residing outside the United States of America agree that PayPal shall be the sole medium of payment, and that VAT and currency exchange fees assessed by PayPal shall be deducted from funds due Author. Author agrees to furnish Publisher with a valid US TIN or SSN upon signature to ensure correct withholding and reporting of taxes to the Internal Revenue Service of the United States Treasury.

Advertising and Promotion

  1. The Publisher reserves the right to advertise however they deem appropriate.
  2. Authors are required to maintain a website or blog, and to participate from time to time in reader promotional events as requested by Publisher, absent a valid, good-faith reason for failure to do so. Free websites are available so this can be done at no cost to the Author. They may use the first three (3) chapters of their work, not to exceed thirty (30) pages of the final formatted and edited product, on their website in order to promote their book. If their work is a short story, they may use the first chapter, not to exceed five (5) pages, on their website in order to promote their book.
  3. A change of title of the work does not void this contract.
  4. The Publisher will aggressively advertise the book through all available outlets for (2) two months prior to release, (1) calendar month following book release and at a reduced rate as feasible and practicable beyond this (3) three-month period to allow for greater focus on new and forthcoming titles. The Author agrees to self-promote Work to the best of their ability drawing upon all channels open to the author. Author understands without self-promotion, Work may not sell as well, if at all, as it would with self-promotion.
  5. Author understands that the Publisher will submit their Work to various places for reviews. A review is free advertising and gives the Author feedback on their book or writing style. Author understands that not all reviews will be positive or as high a rating as they wish. Further, Author may submit their work to review sites, but must first let the Publisher know where the books will be sent, to ensure that duplicate copies are not sent to the same place.

Jurisdiction and Severability

 

Governance of the terms included herein fall under United States Code and Utah state statutes. Should a dispute arise that cannot be resolved by reliance upon the mechanisms included in this agreement, Author and Publisher agree and acknowledge that the proper venue for resolving such dispute shall be in a court or arbitration setting residing in Washington County, Utah or such other place as the Publisher may elect to relocate at a later time.

Should any portion of this agreement be deemed unlawful or invalid by a court or arbitration service of appropriate authority, that portion shall be invalid and the agreement revised to the minimum extent necessary to bring such clause into compliance with statutory law or court order. The remainder of the agreement shall remain in full force and effect for its natural duration.

Terms of Contract

The contract will be for (1) one year from the signature of this agreement or publication release date of the manuscript, under royalty payment policies as described in “Royalties,” Paragraph A. At the end of the contract term, it may be renewed for an additional (1) one year if both parties are in agreement. If the Author wishes the contract to continue, Author is responsible to contact the Publisher, in writing, at least (30) thirty days prior to the expiration of the contract.

The Publisher reserves the right to pull the title and terminate the contract at no cost to the Publisher or Author if no sales have been made within (3) three months of the release of the title. The Author will be notified if such a decision is made and all rights will automatically revert to the Author, with notice emailed or physically sent to the Author’s address on record at the Publisher’s sole discretion. All Semper Press titles shall be initially priced as follows:

  • 0-19,999 words: $.99
  • 20,000-59,999 words: $2.99
  • 60,000+ words: $4.99

If the price must be reduced at publisher’s discretion, the new rates shall be:

  • 0-19,999 words: $.49 on Publisher’s platform
  • 20,000-59,999 words: $1.99
  • 60,000+ words: $2.99

The pricing at full and reduced rates described herein will be uniform and standard for all authors, regardless of other factors, in order to present a unified and clearly understandable pricing model to readers.

The Author may petition the Publisher to terminate the contract at any time during the term of the contract, but it will cost the Author $50 (fifty US dollars) as a “kill fee” for editing, formatting and cover art expenses incurred by Publisher prior to expiry of contract if Work has not earned back front-end expenses for these considerations. If Work has earned back such expenses, the Author may petition the Publisher to terminate the contract at any time during its term without penalty. Author shall incur no penalty or “kill fee” if the work is removed and the rights reverted at Publisher’s discretion.

If for any reason the Publisher files bankruptcy, goes out of business or decides to no longer be in business, the agreement shall be void and all rights to the work automatically revert back to the Author. Should the Publisher go through a name change, all contract terms will stand. Should the Publisher go through a change of ownership, all contract rights will revert to Author unless Author and new Owner can come to mutually agreeable terms within thirty (30) days of completion of sale. Any documents granting new Owner control of Semper Press shall require honoring the terms of existing agreements, including this clause, for all existing Authors until their natural expiration date, unless such documents come as a result of court order, in which case the text and language of the order shall prevail.

Blurbs & Back Cover

Publisher will create blurbs and/or back cover copy, unless Author submits same with the manuscript. Publisher reserves the right to edit, amend, alter or discard entirely the Author-provided blurb and/or back cover copy at the Publisher’s sole discretion. Author will be granted the chance to review such copy prior to market placement of work. Every reasonable effort shall be made to use Author’s provided blurb unless editorial considerations render such blurb unusable.

By signing this contract I agree that I have read or had read to me the contents of this agreement and do hereby accept all the terms and conditions contained herein. An electronic signature shall be held to be as valid as a physical signature by both parties.

_________________________________________________

Author                                                                       Date

_________________________________________________

Semper Press                                                            Date

Title: _____________________________________________________________________

Author: ___________________________________________________________________

Full Legal Name as on SS Card Or National/State Identification or Driver’s License Card:

__________________________________________________________________________

Address:___________________________________________________________________

Address Line 2: _____________________________________________________________

City, State, Zip ______________________________________________________________

Phone Number: _____________________________________________________________

Email Address: _____________________________________________________________

SS# or Tax ID# _____________________________________________________________

 

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