| Please read and sign the following
agreement between you ("Author") and Dog Ear Publishing,
LLC ("DogEar" or "the Company"), for
your book ("Work").
DOG EAR PUBLISHING - SERVICES
Services to be performed by Dog Ear Publishing will be governed
by the invoices on which you have paid for services.
AUTHOR'S BOOK SALES PAYMENT
Your sales payments are based upon a formula of the Retail
Price of your book, the Sales Discount at the time of sale,
the Printing Cost, and the Dog Ear Handling Fee. These payments
will be governed by the Sales
Payments page.
RETAIL PRICE
As the Author, you may price your books at ANY retail
price. However, we cannot sell your books through our systems
unless your retail meets the Minimum Pricing criteria outlined
here which is
based on book format and page count. This means that you
cannot set a price BELOW the COST of the product and have
it sold by Dog Ear. You MAY set the price below cost and
order units for your personal use. Note that your COST to
purchase product is NOT influenced by your RETAIL price.
Please reference this Retail
Pricing page.
Minimum pricing criteria are subject to change at any time
at the discretion of Dog Ear as market conditions and costs
warrant. Dog Ear will recommend a price change to the author
when minimum pricing criteria change.
AUTHOR UNIT COST
As the Author, you may purchase books from us at economical
prices. Your unit cost will be a function of the format
of your book. Please reference this Author
Purchase Price page.
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., that if fiction, it represents no
real event or person in a way that could be deemed libelous;
that if non-fiction, 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; and that the Work does not
infringe upon any statutory or common law right of copyright
or privacy of any third party; that he or she 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.
YOU OWN ALL RIGHTS TO YOUR WORK
The Author acknowledges and agrees that Dog Ear acquires
no right of ownership to the Work under this Agreement;
that Dog Ear is a provider of limited services only as governed
by the invoices on which you have paid for services (i.e.,
publishing services, printing, sales and fulfillment, and
web site development) and assumes no responsibility for
reviewing or correcting the content of the Work.
Dog Ear will return to the author, upon request, the digital
files used to produce the final work (exclusive of any licensed
software).
INDEMNITIES
The Author agrees to indemnify DogEar 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, misappropriation, and similar claims arising from
publication of the Work; (ii) Author's breach of any warranty
in this Agreement. DogEar agrees to notify the Author promptly
of any claim for indemnity under this Agreement. DogEar
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 DogEar 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 agreements with respect to the Work), and either party
has the option to terminate the Agreement at any time, with
or without cause. If the Agreement is terminated by the Author
within the first 30 days following publication, publishing
fees will be refunded in full (or applied against any outstanding
amounts in the Author's account.) If the Agreement is terminated
by Dog Ear 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, publishing
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, composition,
and/or corrections or book sales, are not refundable. Fees
related to the publication of supplemental printings, and
second and later editions of the Work are also not refundable.
If the agreement is terminated by Dog Ear due to a breach
by Author of this Agreement, no fees shall be refunded.
The Author retains the copyright for this Work, and no
part of this Agreement diminishes the Author's rights to
this Work.
NOTICES
All notices to Dog Ear must be sent in writing to its
office at 4010 West 86th Street, Suite H, Indianapolis,
IN 46268. 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 supercede 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 State of Indiana shall govern this Agreement
and this agreement shall be construed in accordance with
the laws of thse State of Indiana, without recourse to conflicts
of law principles. Recognizing the expense, distraction,
and uncertainty resulting from litigation of disputes which
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 there of under this Agreement.
Any proceeding under this paragraph shall be brought in
the federal or state courts in Indiana. 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 1-866-823-9613. |
