The Existing Contract

PO Box 51052
Casper, Wyoming 82605-1052


This agreement, dated XXXXX, is made between Whiskey Creek Press, LLC, herein called Publisher and XXXX, herein called Author, as respects XXXX, herein called the Work.

I.             Publishing Rights: The Author, on behalf of himself and his heirs, executors, administrators, successors and assignees, grants the following exclusive worldwide rights to the Publisher: to produce, publish, and sell in electronic format, including electronic download, disk, CD, E-book reader (including, but not limited to HTML, Palm, Adobe) or any other digital format known or to be invented.

The Author further grants to the Publisher a print option for the Work equaling that of the electronic rights, for a period of one year after the original electronic format publication. If the Publisher does not exercise the print option within this year all print rights revert to the Author. Electronic rights are not affected by this reversion of print rights. If the Publisher does exercise this print option within a year, and publishes the Work in print format, Publisher’s print rights for the Work will be equal to and match in length those of the electronic format. The Work will be issued in English.

All rights in the Work not specifically granted to Publisher in this agreement are reserved by the author.

II.         Author Warrantees. Author warrants that s/he is the author and sole owner of the Work or has been assigned the rights delineated above; that it is original and contains no matter unlawful in its content, nor does it violate the rights of any third party; that the Work is not in the public domain. Author also warrants that these rights are owned or controlled by him without encumbrance and that Author has full power to grant the listed rights to Publisher.

If this work has been previously published in any form, Author warrants that the rights granted herein have reverted to him/her. As an addendum to this agreement, Author shall present some written memorandum documenting the reversion of the rights granted by any publishing company that may still own proprietary rights to the Work.

If a judgment is obtained against Publisher for usurping rights still controlled by a publisher or other entity than Publisher or Author, the Author agrees to hold Publisher harmless and to indemnify Publisher for reasonable damages and costs. If Publisher prevails against a suing party or resolves the matter by out of court settlement, Author will not be liable to indemnify Publisher for defense and settlement costs.

III.             Copyright: Author will be responsible for registering the copyright with the U.S. Copyright Office, including payment of any fees and the costs of preparing printed and/or electronic documentation of the work as required by the U.S. Copyright office. Author will provide a photocopy or facsimile copy of the Copyright certificate to Publisher within 45 days of receipt. Publisher shall be listed as the publisher of the work in all formats indicated in Section I.

Author understands that if s/he chooses not to register the copyright with the U.S. Copyright office, s/he may be limited in the damages that could be awarded in court if there is a copyright violation. Publisher will place a copyright notice on all versions of the Work, using the year of first release if no other information is available.

IV.        ISBN: Publisher will obtain and assign ISBN (International Standard Book Numbers) for the Work. Publisher will assign as many ISBN designations as required by the various publication formats listed in Section I. Publisher will use the assigned ISBN(s) as part of the formal identification, and will notify Book in Print or other equivalent service(s) of the ISBN(s) of the Work.

V.         Selling Price: Publisher will set the retail price ("cover price") of the Work, based on length, comparable works and format. Publisher reserves the right to raise or reduce the price as needed to stimulate sales.

VI.              Earnings and Statements: Publisher will set the retail price of the work, based on length and comparable works. Publisher will pay author a royalty, in U.S. dollars, 35% of the NET download price for each electronic book sold. If the Publisher exercises the print option for the Work (see Section I) Publisher agrees to pay the author a royalty of 7.5% of the NET price for each Print copy of the Work sold. Publisher-approved third party outlets requiring distribution discounts and/or fees, Author’s royalty shall be paid on the NET price AFTER said discount and/or fee.

The Publisher reserves the right to put the Work into print at its discretion during the one year option period (see Section I). There are no set-up fee charges to the Author for print publication if that option is exercised by the Publisher. Publisher reserves the use any third party printer at its discretion. 
Royalties will be accumulated and paid no later than forty-five (45) days following the end of each calendar quarter. Royalties shall be paid by check, drawn on the company’s bank of business, OR through an online payment source. Individual arrangements, mutually agreed upon by the Publisher and the Author, shall be made for payment of royalties to Author if he/she resides outside the USA. Any withheld royalties shall be paid immediately upon contract termination. Publisher will provide a written report of sales with payment and provide any further reasonable information relevant to sales of the work upon author's request.
Publisher will provide an annual 1099 Miscellaneous Income Form reflecting all royalties paid for the calendar year to qualifying authors, based on IRS regulations.
VII:       Term of Contract: Contract shall be in force from the date it is signed by all parties until three (3) years from the actual release date of the first released format covered in Section I. The contract may be renewed by mutual consent for a period equal to that beginning the date of release.

If Publisher does not release the Work within 6 months of the scheduled release date, the contract will terminate and all rights granted shall revert to the Author.

Publisher may, at its discretion, remove the Work from publication or distribution for reasons of poor sales, excessive returns or other reason deemed by the Publisher to be injurious to the Publisher's or Author's best interests. Publisher shall give notice to Author of removal from distribution and the reasons for the withdrawal. If the publisher removes the Work from sale, this contract shall terminate and all rights granted shall revert to the Author.

The Author may terminate this agreement before the three (3) year period above by means of a contract buyout. The Author will notify the Publisher 90 days before buyout date with a certified mail notice or other receipted or traceable delivery service, of the intent to exercise the contract buyout option. All rights granted the publisher would revert to Author at the time of the buyout, if proper notification has been done. Upon this contract termination through the buyout option, Publisher will remove listing of the Work from its website and all download-based distributors and advise Books in Print that that particular ISBN is no longer in print. The exception to this termination of contract is that Publisher may continue to sell existing stock of physical formats (print books) but may not create new physical copies upon depletion of its existing stock. The Author will pay to the Publisher the sum of $500.00 (five hundred dollars) to exercise this contract buyout option. This fee must be paid to the Publisher by the Author at notification of intent to exercise the buyout option. The Author will be responsible for full payment of damages and customary legal fees as a result of legal action stemming from failure to pay this buyout clause.

VIII:            Editing, Cover Art and Back Blurb, Preparation of Manuscript, Title, Formatting:

Editing: Publisher will assign an editor to work with Author in making revisions. The Author will work with an editor who will make suggestions to enhance the manuscript. No substantial changes will be made without the Author’s knowledge, approval and participation. Special care will be taken through the editing process to assure foreign words or dialect remains intact, per Author instruction and guidance

Publisher has the right of final approval of Author's manuscript following the editing process.

The author will not be required to pay for the services of any editor assigned by Publisher. Publisher will provide a proofing copy of the Work, in electronic form, which Author must correct and return within an agreed upon time. If the proofing copy is not received as agreed, Publisher has the option to delay release or terminate the agreement as warranted.

Publisher may make corrections of typographical errors without Author's consent. The Publisher reserves the right to reject the Work and terminate this Contract if the Author fails to meet the deadline, or if the Work is not acceptable for any other reason.

If the assigned editor finds the manuscript needs more work than can be accomplished through editing, they will send the Author a revise and resubmit letter. The Author will be given a deadline to accomplish the edits. If at that date the Author has not returned the revised manuscript to the editor, or if the editor finds revisions substandard, the contract will be terminated.

Cover Art and Back Blurb: Publisher does not accept outside artwork for covers. Publisher shall provide cover art at its own expense. Author will work with the assigned Cover Artist to provide valuable input and suggestions for cover design, but Publisher has final approval of any and all cover art. Publisher is the sole owner of all covers’ artwork produced by Publisher and used for cover artwork for the author’s Work. Author will also be asked to produce proposed back cover blurb text, but Publisher has full and final control of any and all blurbs used to present and market the Author’s Work.

Preparation of Manuscript: The Author shall provide an acceptable, final revision of the manuscript in electronic format with any revision requested by the Publisher within the time agreed upon and within reasonable limits. Electronic format used will be a major commercial word processing program or Rich Text Format as mutually agreed upon. Specific margin, header, font, line spacing and other particulars of manuscript format will be provided in a separate document stating Publisher's guidelines. The Work will be transmitted to Publisher as an attachment to electronic mail. It is the responsibility of the author to keep a complete copy of the manuscript available in digital form in the event of computer failure at the Publisher.

Title: Publisher has final approval of release title of the Work. Every attempt will be made to use the title suggested by the Author, but Publisher has the option to change the release title if the Author's suggested title is too similar to any books already in release by Publisher or recent releases from any other publisher or if Publisher deems that a more appropriate title is necessary. In the event of a title change, Author will be given an opportunity to suggest alternative titles.

Formatting: Publisher will be responsible, at its own expense, to prepare the Work for release for all formats outlined in Section I. This would include all conversions from the manuscript into various digital formats (e.g. HTML, PDF, Palm, MS Reader), print formats (layouts for trade paper back). Publisher will make the Work available in all its regularly marketed electronic/digital formats. The exception to this provision is for Works containing a substantial number of color graphics and/or illustrations that are not translatable into all electronic formats.

IX.            Author's name or Pseudonym: The Author has the exclusive right to the use of his/her name or pseudonym listed as the author in connection with this Work. Publisher cannot prevent Author from using the same name or pseudonym for any other publisher or for any other book genre. Publisher will have a non-exclusive right to use Author's name, likeness and biographical material for the purposes of advertising, publishing and promoting the Work itself.

X.            Ownership of Characters: Except as allowed under the sections of this agreement governing promotion of the work, Author owns the characters and controls their use in sequels or series books, whether published by Publisher or another publisher. Publisher will have a non-exclusive right to use the title, and all material, including characters in the Work, for the purpose of advertising, publishing and promoting the Work.

If the author writes another Work that is a sequel to the Work covered in this agreement, using an identical theme and/or major characters from the contracted Work, Publisher retains a right of first refusal for the subsequent work. If Publisher does not accept for publication this additional Work within 90 days of submission, it will be considered refused and the Author will be free to market rights to the new work without encumbrance.

Nothing in this agreement shall obligate the Author to submit any additional, unrelated works to Publisher.

XI.            Publisher's Name and Trademark. The Author will not have rights to, or in, any trademark, service mark, trade name or logos used by Publisher, unless expressly permitted to do so in writing. The Author may, with Publisher's permission, have limited use of Publisher's marks, symbols or name for use in approved promotional material. Author may use the cover art in his/her promotional material. Publishers provided and/or copyrighted cover art may not be used by other publishers producing the Work in formats not listed in Section I without permission of Publisher. Any remuneration for the use of this cover art will be separately negotiated between publishers.

XII.            Promotion and Promotional Materials:

Author's Biographical Information: Author will provide Publisher with a publicity biography and suggested blurb(s) for use on book cover, website and promotional literature. Publisher reserves the right to edit or rewrite blurb(s) as necessary for length or content. Author will have the obligation to inform the Publisher of any changes in Author home mailing address or Author e-mail address in a timely manner.

Promotion: Publisher and Author agree to supply each other with copies of any professional reviews, either digitally or print copies. Neither Author nor Publisher is required to provide the other with copies of "Reader Reviews" voluntarily posted by consumers at any online vendor.

Publisher will promote the Work through its website and through other Internet avenues of promotion at its discretion.

Publisher will make every effort to maintain an attractive, updated website. Publisher will not be liable for site downtime or interrupted transmission.

The Author will be required to maintain an Author website to be used to promote any and all Whiskey Creek Press releases by said Author. The Author may also promote other publications, Publishers, and writings at their discretion. The Author will be, however, required to maintain a link with the Whiskey Creek Press site at all times.

XIII.            Author/Publisher Indemnification: Author shall indemnify, defend and hold harmless Publisher and its owners and affiliates, editors, shareholders, officers, directors, partners, associates, agents and representatives and the Publisher shall indemnify, defend and hold harmless the Author from any and all claims, debts, demands, suits, actions, liens, proceedings and/or prosecutions ("Claims") based on allegations which, if true, could constitute a breach of any of the foregoing warranties, and any and all liabilities, losses, damages and expenses including, but not limited to, attorney's fees and court costs. Each party to this Agreement shall give prompt notice to the other party of any Claims. No compromise or settlement of any Claim shall be made or entered into without the prior written approval of the Author and Publisher. If a Claim if filed, Publisher shall have the right to suspend payments otherwise due to Author under the terms of this Agreement as security for Author's obligations under this section.

XIV.            Insolvency of Publisher, Sale of Publisher, Reversion of Rights:

Insolvency: If the Publisher files for protection under the Bankruptcy Laws, all rights delineated in Section I shall immediately revert to the Author. If the bankruptcy filing involves reorganization and Publisher continues to operate during the reorganization, Author and Publisher may agree in writing to continue this agreement under the same or revised terms. If the terms are not agreeable to Author, the contract shall terminate and all assigned rights will return to Author.

If the Publisher suspends operations, other than a temporary suspension for technical difficulties such as a loss of Web Server, all rights delineated in Section I shall immediately revert to the Author. If the Publisher's operations are ordered suspended by any governmental or police entity, or by Injunction or Restraining Order, all rights shall immediately revert to the author. If the suspension is lifted and operations resume, Author and Publisher may agree in writing to continue this agreement under the same or revised terms.

If the Publisher sells its assets to another publisher who does or plans to market and promote books of the type and genre of the Work, the successor publisher will be bound, as a minimum, to the same terms delineated in this agreement. If the successor publisher does not or does not plan to market and promote books of the type and genre of the Work, all rights delineated in Section I shall revert to the Author not more than thirty days after the sale of Publisher. The purchasing publisher is responsible to contact Publisher’s Author.

General Reversion of Rights: Upon expiration of this agreement, all rights delineated in Section I immediately revert to the Author unless an agreement to renew or extend this agreement is reached. However, for the purposes of convenience for both parties, the Publisher will continue to have the right to publish the Work on an “at will” basis until the Author notifies the Publisher in writing and delivered by registered mail to the Publisher the notice to withdraw the Work from publication.

XV.            Copyright Infringement: Publisher is not obligated to initiate legal proceedings should a Claim arise regarding a third party infringing the Author's or Publisher's rights. If such a Claim arises, Author and Publisher may sue either jointly or severally. Publisher shall not be held liable for failing to take action upon a Claim.

XVI. Defamation. Should the Author, or Author’s agent, defame Whiskey Creek Press, Publisher has the expressed right to remedy the matter in a court of law. The Publisher also has the right to terminate this agreement, in part or in full, if defamation is proven. The Author will be responsible for full payment of damages and customary legal fees as a result of legal action stemming from defamation. This does not apply to any issue between Authors.

XVII.     Audit Accounting. Publisher will keep accounts of all receipts and expenditures regarding the Work, and these accounts will be available for Author's inspection. Author may, on reasonable notice, through his/her designated representative, examine Publisher's records that relate to the Work. Such examination shall be at Author's expense, unless errors in excess of 5% of royalties or other sums due the Author by the Publisher shall be found in Author's favor. In that case, Publisher shall defray all reasonable costs of the examination and pay Author any sums due, up to the amount owed Author by Publisher, within thirty (30) days.

This contract is entered into in good faith, and signatures from all parties named herein indicate acceptance and agreement to the terms described herein. This contract shall be considered legal and binding in all countries.

IN WITNESS WHEREOF, the parties hereby execute this Agreement as of the Effective Date.

PUBLISHER: Debra Ann Womack
ADDRESS: PO Box 51052 Casper, Wyoming 82605-1052

Typing in your information in the following fields constitutes your digital signature and your acceptance of this contract.