NORTH POLE PUBLISHING HOUSE AGREEMENT
This Agreement is made by and between __________________________________ (herein referred to as Author, whether singular or plural) and North Pole Publishing House (herein referred to as NPPH) for the Author’s work titled ______________________________________________ (herein referred to as Work), and the Package titled ____________________________, for the sum of $________________ paid in advance of work.
This Agreement is made with reference to the following facts, circumstances and stipulations.
NPPH is in the business of assisting authors and their agents to prepare their manuscripts for publication.
AUTHOR agrees that NPPH will be the exclusive publisher for the Work listed above.
2. PERFORMANCE BY THE PARTIES:
Author wishes NPPH to publish the work and grants NPPH the nonexclusive right to edit, format, print, advertise, and distribute Author’s work.
NPPH will collect no royalties for the Author’s work. Royalties will be paid by Amazon.com, Barnes & Noble, or any other worldwide distributor, per their policy, and directly to the Author or their designate.
NPPH retains the right to determine the appearance of all on-line presentations including but not limited to, on-line marketing, listing, and publication.
Author will submit their Work (book file) to NPPH in a format consistent with the guidelines set forth: Microsoft Word 2007 or 2010 with formatting. All individual chapters, preface, and foreword will be submitted in individual files in one folder. NPPH will assess the formatting of said Work for consistency. The Author will be notified if the Work is not in proper formatting, and given a choice of the Work being returned, or given the chance to correct the problem. The Work should be sent on a flash drive or zipped and uploaded to through NPPH website.
NPPH is not and will not be liable to the Author or any other person or entity for any loss of profits or revenues due to, relating to, or in connection with the submission of the Work.
NPPH is not and will not be liable to the Author for any misplacement of the Work for any reason. It is the Author’s responsibility to retain complete records and copies of all materials and files relating to the Work, both pre and post publication.
NPPH will provide information about the Work to third-party sellers to enable them to sell the Work, but will not be responsible for the turnaround times, submission policies, errors, or sales policies of any third party seller.
NPPH may not be held liable for errors in the Work, including, but not limited to, spelling errors, grammar, punctuation, style of work, page numbering, corrupted files, computer formatting errors, and missing fonts. NPPH cannot guarantee Author will be happy with any created work, including, but not limited to cover design, website, or any or other creative work.
Author grants NPPH the right to market the Work by any means appropriate (e-book, print, & etc.).
NPPH reserves the right to reject any manuscript for any reason at any time.
NPPH will provide the Work’s cover to the Author for editing and revisions up to the limitations of the contract package chosen by the Author.
NPPH will provide an edited proof of the Author’s Work for approval before going to print.
NPPH will provide a printed proof of the Work to the Author for review.
Author will thereafter promptly describe any problems the Author wishes NPPH to correct.
NPPH retains all rights and ownership of the formatting templates that were used to produce the Work.
The Author(s), parties to this Agreement, maintain that they are the sole author(s) of Work and as such, the owner(s) of the copyright and all of the contents of the Work and have full and perfected power to enter into this Agreement with NPPH.
The Author grants worldwide distribution of the Work in all forms, print, digital and audio formats in advertising and sales.
Author(s) confirms that they have not engaged in plagiarism with respect to the Work, and that the Author has obtained written permission from the source of any copyright materials used by the Author. A copy of such written permissions will be submitted to NPPH.
Author will retains all legal rights and copyright of total Work along with all royalties of Work. Author accepts all legal responsibilities and liabilities of the Work as noted within this agreement and agrees to hold harmless NPPH from any and all claims related to the publishing of the Work.
The Author agrees that NPPH does not in any way acquire ownership of the Work and that the Author is free to pursue any and all publishing ventures that do not involve the use of NPPH’s name or logo, likeness, and ISBN.
The Author stipulates that they understand that mistakes can be made regardless of NPPH’s best efforts to provide a quality finish Work, whether in print, digital format, or cover design. A copy edited manuscript and cover design will be provided by NPPH for the Author’s review before going to print. After print a proof of the Work it will be mailed to the Author for final approval. At this point, final changes will be made if any are promptly requested. Author will sign an approval agreement finalizing the completion of the Work. NPPH will then submit the Work to the US Copyright office for copyright by the Author.
Upon approval of Author’s proof book, and submission of Approval Form, the Work will be submitted to the distribution channels noted within the chosen contract. This contract between the parties will be deemed fulfilled in its entirety and any modifications to the Work or changes necessary to the distribution channels made from this point forward are subject to NPPH’s pricing for additional work.
The Author agrees that if the Work is fiction, it does not include the name and/or likeness of any actual person, living or dead; and that all characters in the fictional Work who may have been derived from actual persons have altered names and physical attributes, so as to negate any similarity or likeness between the physical character and the fictional character and his/her location. The only exceptions are to historical facts, places, figures, and stories as set forth by the USA copyright laws and regulations.
Author testifies to NPPH that the Work is accurate, is not in violation of anyone’s privacy, obscene, slanderous, nor is injurious to any person. Further, that the Work does not in violation/infringement of any federal, state, or local laws, statutes, or codes. Author indemnifies NPPH, its employees, directors, representatives, and agrees to hold harmless from any damages resulting from any litigation resulting from the publication of Author’s Work.
Author stipulates that their signature on this agreement ratifies all the terms and conditions of this Agreement and those of the publishing package the Author chose: Silver, Gold, or Platinum.
Either party may chose to abandon this Agreement at any time, by supplying the other party with a certified written notice thereof. If the Author is the abandoning party, NPPH will have no responsibility to return any portion of the package payment. If NPPH is the abandoning party, the full amount of the package price will be refunded to the Author, regardless of how much work has been accomplished. Upon refund, NPPH will have no further liabilities to the Author.
3. MISCELLANEOUS PROVISIONS
Counterparts and Facsimile Transmission – This Agreement may be signed in counterparts. The parties hereby agree that scanned and faxed copies of this Agreement properly dated and signed, will be valid and enforceable as if as original copy.
Modifications – Any modifications or addendums to this Agreement and the related publishing package chosen by the Author may only be amended in writing and by mutual consent of the parties.
Governing Law, Venue, and Relief – This Agreement shall be interpreted according to the laws and statutes of the United States of America and the State of Tennessee. In the unlikely event that Author breaches or threatens to breach any term(s) of this Agreement and/or fail to pay NPPH any sum owed to it, or a dispute arises by either party, the venue will be Shelby County, Tennessee and/or the Superior Court State of Tennessee. The prevailing party will be entitled to reasonable attorney’s fees and other relief awarded by the Court.
Binding – This Agreement is binding upon the signatories and upon all heirs, successors in interest, and assigns.
Agreement dated this _____ day of _______________, ______.
Author’s printed name NPPH’s Representative printed name
Author’s signed name NPPH’s Representative’s signed name
Author’s address of record NPPH’s address of record
Author’s City, State & Zip Code NPPH’s City, State & Zip Code
Author’s phone number(s) NPPH’s phone number(s)
Your electronic signature is the legal equivalent of your manual signature. By selecting the “I Accept” button, you consent to be legally bound by this Agreement’s terms and conditions.
☐ I ACCEPT ☐ I DECLINE
Once downloaded, the fields in our Agreement can be filled in either electronically or manually, emailed back or included in your manuscript check list packet.