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Publishing Agreement

Parties

This is a Publishing Agreement between the author (“AUTHOR”) and Three Moons Media, a sole proprietorship, with its principal offices at 1610 Valley Brook Lane, Longview TX 75605-2676 (“PUBLISHER”), for the WORK submitted after acceptance of this Agreement and listed in the submission documents (the “WORK”).

License to Publish

AUTHOR grants to the PUBLISHER a non-exclusive, worldwide license to publish the WORK in print and in all electronic media and all electronic formats, in whole or in part, in all languages throughout the world, in accordance with options selected by AUTHOR in the submission documents.

Term

The license for the WORK shall extend until terminated by the AUTHOR. The AUTHOR or the PUBLISHER may terminate this Agreement by giving the other party 30 days written notice transmitted via electronic mail, or U.S. mail.

Sign-Up Fee

AUTHOR shall pay PUBLISHER a one-time sign-up fee as reflected on the submission documents. The sign-up fee shall only be refundable to AUTHOR in the event PUBLISHER chooses not to publish the WORK. The submission documents contain several optional services. AUTHOR shall pay for only those services or products selected by AUTHOR on the submission documents.

Print Royalties

On all sales of printed copies of the WORK, the PUBLISHER will pay the AUTHOR a royalty as indicated on PUBLISHER’S website, or the submission documents. Shipping and handling costs are not included in the retail price of books and will be separately charged to the customer by the on-demand printer; no royalties will be paid on shipping and handling charges.

Electronic Royalties

On all sales of electronic versions of the WORK, the PUBLISHER will pay the AUTHOR a royalty. Electronic versions of the WORK include, but are not limited to: CD-ROMs, DVDs, and other magnetic or optical storage media; multimedia in all forms, electronic databases, online distribution, satellite distribution, ebooks, and any other device for electronic reproduction, distribution, or transmission. PUBLISHER may make the WORK available for online viewing in electronic formats to allow individual readers to browse the material. If the PUBLISHER charges for this service, the AUTHOR will receive a royalty as indicated on PUBLISHER’S website, or the submission documents.

Royalty Payments

PUBLISHER shall pay AUTHOR all royalties earned, on a quarterly basis, by the sixtieth day following the end of each quarter in which the AUTHOR earns a royalty.

Submission Guidelines and Payments

AUTHOR shall follow all the submissions procedures and payment requirements as set forth in PUBLISHER’S website, the sign-up web pages, and the submission documents.

Submission Acceptance

PUBLISHER reserves the right, at its sole discretion, not to accept a submission upon receipt. If this is the case, the PUBLISHER will return the AUTHOR submission package and refund the AUTHOR submission payment.

Publication

PUBLISHER intends to market the WORK on its website and make the WORK available for print-on-demand distribution through other companies after receipt of all required materials relating to the WORK.

Publication Format

PUBLISHER shall have full discretion as to price, production, appearance and formats of the WORK in accordance with options previously selected by AUTHOR in the submission documents.

Copyright and Title Registration

Both the PUBLISHER and AUTHOR have the right, but not the obligation, to register the AUTHOR’S copyright for the completed WORK with the Copyright Office, Library of Congress.

Publicity

From time to time, the PUBLISHER may post and publish pertinent information regarding AUTHOR or WORK. The information may include elements of the title submission package, such as the author biographical sketch and description of the WORK. The PUBLISHER may also post additional information that will help promote the AUTHOR or WORK.

Author Warranties

AUTHOR represents and warrants the following to the PUBLISHER: (i) AUTHOR is the sole owner of the WORK and has the full power, authority and right to enter into this Agreement; (ii) this Agreement does not conflict with any arrangements, understandings, or agreements between the AUTHOR and any other person or entity; (iii) the WORK is not in the public domain and is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured; (iv) the WORK and all rights therein are free of liens, claims, interests or rights in others of any kind; (v) the WORK as submitted, and its publication by the PUBLISHER, do 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; (vi) the WORK is not defamatory or obscene, or in any other way illegal; and any recipes, formulae, instructions, or recommendations contained in the WORK are not and will not be injurious to any reader, user, or third person; (vii) all information in the submission package is accurate.

Indemnification

AUTHOR agrees to fully indemnify, defend and hold harmless the PUBLISHER and its AFFILIATES from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney’s fees and court costs) arising from, connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth above, but the AUTHOR shall not be liable for any matter inserted in the WORK by the PUBLISHER or its licensees. All warranties and indemnifications made by the AUTHOR herein shall survive termination of this Agreement or any license hereunder. “AFFILIATES” means owners, shareholders, officers, directors, employees, parents, subsidiaries, affiliated companies, licensees, distributors, advertisers, Internet service providers, attorneys, and accountants and any other person or entity to whom PUBLISHER extends its license or warranties to in connection with the production, dissemination, transmission, promotion, publication, or distribution of the WORK or the exercise of any rights therein or derived therefrom.

Copyright Infringement

PUBLISHER shall have the right to commence action for copyright infringement based on the rights granted hereunder.

General Provisions

This Agreement shall be governed by the laws of the State of Texas, and all parties consent to venue and jurisdiction in the courts of the State of Texas to adjudicate any and all claims arising out of this Agreement. This Agreement may be modified by the PUBLISHER giving 30 days notice to the AUTHOR of the proposed change. If AUTHOR does not agree that such change is in the best interest of all parties, the AUTHOR may promptly terminate this Agreement.

By pressing the button below and submitting the required materials, the AUTHOR agrees to all the terms and conditions in this Agreement.