This is a Publication Agreement (the "Agreement") between the author, owner, publisher, or other rights holder ("RIGHTS HOLDER") and e-Audio Productions ("e-Audio Productions") for the publication and sale of the Audiobook through www.AudiobookRelease.com
As used in this agreement, the following terms shall have the following respective meanings:
(A) "Audiobook" shall mean the sound recording produced by e-AudioProductions.com or submitted to e-AudioProductions.com in any and all digital audio formats.
(B) "Rights Holder" shall refer to the person or entity that owns or controls the rights to an Audiobook produced by e-AudioProductions.com or submitted for sale on AudiobookRelease.com. In this Agreement, a "RIGHTS HOLDER" can be a Publisher, Agent, Author, or Author's Estate..
Distribution & Resale
(A) The RIGHTS HOLDER hereby grants to e-Audio Productions the non exclusive, worldwide license to use, reproduce and sell the Audiobook. The RIGHTS HOLDER holds the right and may promote and sell the Audiobook independently in any format Digital or Physical (CD) and submit to third party retail sites and distributors.
Promotion and Promotional Materials
(A) The RIGHTS HOLDER will provide e-Audio Productions with a description script and any artwork and/or photographs used in the production of the Audiobook for which he owns the rights.
(B) RIGHTS HOLDER will provide e-Audio Productions with an author publicity biography to promote the Audiobook. e-Audio Productions reserves the right to edit or rewrite biographies as necessary for length or content and use the RIGHTS HOLDER"S name and biographical material for the purposes of publishing and promoting the Audiobook.
(C) e-Audio Productions may, but is not obligated to, generate promotional material for the Audiobook and use it to market the Audiobook without the RIGHTS HOLDER"S prior approval, including using subparts or derivatives of the Audiobook. The RIGHTS HOLDER grants e-Audio Productions the right to add or exhibit e-Audio Production’s logos or verbiage on any applicable submitted materials.
(A) This Agreement will come into force on its effective date, being the date of agreement and will continue in force for a period of seven (7) years thereafter, unless terminated or extended.
(B) This Agreement will be renewed automatically for additional 7 (seven) year terms without need for further action.
(A) The RIGHTS HOLDER shall propose a Suggested Retail Price (MSRP) for the sales of the Audiobook in digital format. e-AudioProductions/AudiobookRelease may change the price according to the market.
(B) Concerning sales of the Audiobook in any and all versions and formats, e-Audio Productions shall credit the RIGHTS HOLDER with a royalty equal to 80% of the retail price.
(A) Royalty payments will be paid via PayPal to the PayPal/Me link specified by the RIGHTS HOLDER.
(B) It is the RIGHTS HOLDER'S responsibility to inform e-Audio Productions of any change in his payment information. e-Audio Productions is authorized to hold, without penalty, payment of royalties until valid payment destination information is received.
(C) e-Audio productions will prepare royalty statements with respect to the Audiobook on each sale and will forward such statements to the RIGHTS HOLDER not more than 10 days after each completed sale.
(D) e-Audio Productions will remit the RIGHTS HOLDER"S compensation to the RIGHTS HOLDER without deduction or withholding any amount on account of income taxes, withholding taxes or other amounts unless e-Audio Productions is required to do so under applicable tax legislation.
Responsibilities of the Rights Holder
The RIGHTS HOLDER represents and warrants that:
(A) The RIGHTS HOLDER is the rightful owner of the copyright of the Audiobook at the time of entering this Agreement; the RIGHTS HOLDER either is the sole owner of the copyright in any associated cover or interior graphics supplied by the RIGHTS HOLDER for the Audiobook or has secured written permission (which the RIGHTS HOLDER will furnish to e-Audio Productions together with any required third party credits) to use the same in the Audiobook; and the RIGHTS HOLDER has full power, authority and right to enter into this Agreement and to grant the rights herein granted;
(B) This Agreement does not conflict with any arrangements, understandings, or agreements between the RIGHTS HOLDER and any other person or entity;
(C) The Audiobook and all rights therein are free of liens, claims, interests or rights in others of any kind;
(D) The Audiobook as submitted and does 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;
(E) The Audiobook is not defamatory or obscene, or in any other way illegal; and any recipes, formulate, instructions, or recommendations contained in the Audiobook are not and will not be injurious to any reader, user, or any third person;
(F) There are no pending or anticipated claims or litigation pertaining to the Audiobook which may affect the granted rights;
(G) The RIGHTS HOLDER has not done and will not do anything, whether by act, omission, agreement or any other means, to impair the granted rights or to interfere with the full enjoyment by e-Audio Productions of the granted rights
(H) All information submitted by RIGHTS HOLDER is accurate.