Author

 Agreement

Please read and sign the following agreement 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% if sold directly to the reader by Xlibris. eBook royalties are equal to 50% of the payment received net of any distribution fees, taxes and returns.

Online distribution is included for the first year in selected publishing packages. Afterwhich, Xlibris reserves the right to charge an annual fee for online distribution.

Cover prices are subject to change at any time at the discretion of Xlibris as market conditions and costs warrant. As Work can be available in multiple formats, Xlibris reserves the right to terminate and recommence individual ISBN’s of work.

WARRANTIES
The Author represents, warrants, and guarantees that he or she is the sole and only 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 and that the content of the Work is entirely his or her own creation and the creation of no one else; that the Work is true and accurate in all respects; that if fiction, the work represents no real event or person in a way that could be deemed libelous; that if nonfiction, the Work does not misstate any important or material fact or fail to state any important material or fact, the result of which would libel any person or result in a person being placed in a false or damaging light; that work does not infringe upon any statutory or common law right or 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; that Xlibris is a provider of limited services only (e.g., printing, book sales and online availability) and that Xlibris assumes no responsibility for reviewing or correcting the content of the Work.

XLIBRIS’ WORK ... XLIBRIS’ RIGHTS
The Author acknowledges and agrees that Xlibris retains all property rights and all ownership of all data, files, and materials that Xlibris prepares for the publication of the Work, including but not limited to production data, files, and materials, whether or not completed, in the possession of Xlibris and/or on Xlibris’ computers and servers. This means that files and data that have been generated by Xlibris (i.e. design files), are the property of Xlibris. However, you do retain full ownership of the Work itself. Xlibris also reserves the right to use the work, or excerpts of, in printed and online collateral, for the puprose of promotion and marketing. Xlibris will not be liable for delays, errors or nonperformance of Services caused by any third party vendor or supplier of Xlibris.

INDEMNITIES
The Author agrees to pay for and 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 claims of (i) third parties regarding ownership, libel, slander, plagiarism, privacy, misappropopriation 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 also reserves the right to suspend sales of the title until such a time that the dispute is settled. Xlibris may choose to be represented in any proceeding by counsel of its choice; the Author may retain his or her own 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, which approval shall not be unreasonably withheld.

TERM AND EXCLUSIVITY
This Agreement is nonexclusive. (The Author can enter into other publishing agreements.) 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 completes their submission, 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). For the purposes of this paragraph, publication fees are defined as those fees directly associated with the publishing package purchased by the Author. 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 Author of this Agreement, no fees shall be refunded. If the author fails to submit his or her materials for publishing before one year has elapsed from signing this Agreement, he or she will forfeit any right to claim a refund for monies paid. 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 1663 Liberty Drive Suite 200 Bloomington, IN 47403. All notices to the Author shall be in writing to the address specified by the Author.

COMPLETE AGREEMENT
This written Contract 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
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana without recourse to conflicts of law principles. Any dispute between the parties MUST be submitted to binding arbitration administered by the American Arbitration Association (“AAA”) to take place in Bloomington, Indiana, before one arbitrator in accordance with the Commercial Arbitration Rules and Mediation Procedures of the AAA (“AAA Rules”). Author acknowledges and agrees that the Services provided to Author are solely for commercial or business purposes and NOT for personal or household use. The parties hereby expressly acknowledge and agree that the Supplementary Procedures for Consumer-Related Disputes under the AAA Rules shall not apply to arbitration pursuant to this Agreement. In the event Author institutes such arbitration, then without limiting the applicability of the AAA rules, Author must serve the complaint initiating arbitration upon Xlibris at the address provided above at the same time as Author submits such complaint to the AAA. The arbitrator will be obligated to award the prevailing party of any such proceedings all costs, attorneys’ fees and other expenses incurred by such prevailing party in the arbitration proceedings. Any award entered by the arbitrator may be enforced in any court of competent jurisdiction.

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.