Author

 Agreement

Please read and sign the following agreement and between you ("Author") and Xlibris Corporation ("Xlibris" or "the Company"), for your book ("Work").

AUTHOR'S ROYALTIES
Paperback and hardcover royalties are 10% of the retail price if sold through a bookseller or 25% of the retail price if sold directly to the reader by Xlibris

The retail price of hardback and trade paperback versions of your book is based on the post production page count. Please reference this Pricing Chart. (requires Acrobat Reader) for complete information regarding the retail price of your book.

Prices are subject to change at any time at the discretion of Xlibris as market conditions and costs warrant. Xlibris also reserves the right to introduce additional editions and versions of the Work.

WARRANTIES
The Author represents and warrants that he or she is the sole author of the Work and is the owner of the copyright to all of its contents; that he or she has not engaged in plagiarism with respect to the Work; that the Work is accurate in all respects (i.e., if fiction, it represents no real event or person in a way that could be deemed libelous; if nonfiction, it does not misstate any material fact or omit to state any material fact, the result of which would libel any person or result in a person being placed in a false or damaging light); that the Work does not infringe upon any statutory or common law right of copyright or privacy of any third party; that the Author is owner of any trademarks and/or trade names associated with the Work; that the Work does not constitute obscenity or hate literature; and that the Author has the right to enter into this Agreement.

YOUR WORK ... YOUR RIGHTS
The Author acknowledges and agrees that Xlibris acquires no right of ownership to the Work under this Agreement and that Xlibris is a provider of limited services only (e.g., printing, book sales, and Internet access) and assumes no responsibility for reviewing or correcting the content of the Work.

INDEMNITIES
The Author agrees to indemnify Xlibris and its employees, shareholders, directors, representatives, successors, and assigns of and from all and any manner of claims, liabilities, damages, expenses (including reasonable attorney's fees), awards, and judgments resulting from (i) claims of third parties regarding ownership, libel, slander, plagiarism, privacy, misappropriation, and similar claims arising from publication of the Work, and (ii) Author's breach of any warranty in this Agreement. Xlibris agrees to notify the Author promptly of any claim for indemnity under this Agreement. Xlibris may be represented in any proceeding by counsel of its choice; the Author may retain additional counsel at his or her own expense. Any settlement agreement between Xlibris and a third party regarding a claim covered by the indemnity provisions of this Agreement shall be subject to approval of the Author, whose approval shall not be unreasonably withheld.

TERM AND EXCLUSIVITY
This Agreement is nonexclusive. (The Author can enter into other publishing agreements.) Xlibris retains all digital property and ownership related to all completed production data and files. Either party has the option to terminate the Agreement at any time, with or without cause. If the Agreement is terminated by the Author before the author officially signs off on their approval of work performed, publishing fees will be refunded in full (or applied against any outstanding amounts in the Author's account). If the Agreement is terminated by Xlibris at any time, all publishing fees will be refunded in full (or applied against any outstanding amounts in the Author's account). If The Author does not submit the complete materials for publishing within one year from the date of this Agreement, the fees are not refundable. For the purposes of this paragraph, publication fees are defined as those fees directly associated with online, disk, and paper manuscript submission. Fees related to other pre- or post publication services, such as data entry, copyediting and/or corrections, or book sales, are not refundable. Fees related to the publication of second and later editions of the Work are also not refundable. If the agreement is terminated by Xlibris due to a breach by the Author of this Agreement, no fees shall be refunded. The Author retains the copyright for the Work, and no part of this Agreement diminishes the Author's rights to the Work.

NOTICES
All notices to Xlibris must be sent in writing to its office at Xlibris Corporation, International Plaza II, Suite 340, Philadelphia, PA 19113. All notices to the Author shall be in writing to the address specified by the Author.

COMPLETE AGREEMENT
This written Agreement contains the sole and entire Agreement between the parties and shall supersede any and all other prior agreements between the parties. This Agreement may not be modified or amended except in writing signed by the party against whom such modification or amendment is sought to be enforced.

LAW AND VENUE
The laws of the Commonwealth of Pennsylvania shall govern this Agreement. Recognizing the expense, distraction, and uncertainty resulting from litigation of disputes that may arise under this Agreement, the parties have agreed that except as specifically provided herein, they shall submit any and all disputes arising in any way under this Agreement to the American Arbitration Association for final disposition in accordance with its rules, provided that the Arbitrator shall have no authority to award punitive damages. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to deprive a party of the right to equitable relief in a court of competent jurisdiction respecting rights to its intellectual property or use thereof under this Agreement. Any proceeding under this paragraph shall be brought in the federal or state courts of Pennsylvania. A judgment may be entered in a court of competent jurisdiction based on any award rendered in arbitration or other proceeding conducted by the parties pursuant to this paragraph.

If you have any questions or concerns with the terms of this agreement, please contact us by e-mail or by phone at 1-888-795-4274.