AGREEMENT FOR "20 In 5" PUBLICATION
This agreement (the “Agreement”) is made as of _______________, 201__ between the author identified below (“Author”) and Jenius Publishers, a subsidiary of MisTribus Publishing, Inc. with offices at Elena B-18, Cabo Rojo, PR 00623 (“Publisher” ).
The parties agree as follows with respect to the following work of flash fiction:
Story Title: ______________________________________________ (the “Work”)
Copyright Notice: (name of copyright owner and year):
___________________________________________________________________________
1. Grant of Rights.
A. Author hereby grants Publisher the worldwide, perpetual, royalty-free (except as provided in paragraph 3.a. below), right, but not the obligation to print, reprint, publish, reproduce, use, perform publicly, display, sell and distribute the Work in whole or in part, individually or as a collective work, in print, electronic, or digital form, including but not limited to the exercise of such rights through internet or intranet sites, computer on-line services, or via any computer, handheld device and/or any and all other electronic media and distribution mechanisms now known or later developed and the right to grant these rights to third parties.
B. Publisher shall have the right to make changes in the grammar, spelling or punctuation of the Work if it is to be used in any and all volumes of "20 In 5" that the work appears in. All editorial and publishing decisions, including without limitation layout, design, style, form, composition, manufacture, production, pricing, promotion, advertising, licensing, sales, distribution and exercise of the rights granted hereunder, shall be made solely by Publisher. Publisher may authorize use of the Work by others commercially or non-commercially.
C. The grant of rights shall be exclusive for a period of time beginning upon the execution of this license and continuing for a period of the latter of two (2) years after the Work is initially published by Publisher or one year after the execution of this Agreement.
D. Publisher shall have the right in any and all media to advertise, promote, market and publicize the Work and to use Author’s name, likeness and biography in connection with uses of the Work.
2. Copyright Ownership. Author shall retain ownership of the copyright in the Work and reserves all rights not specifically granted to Publisher under this license.
3. Royalty and Payment.
A. In consideration of the grant of rights hereunder, Publisher shall pay to Author the sum of $0.03 (three cents) per sale of "20 In 5," as received by Publisher from the purchase of, subscription to or grant of access to the issue of the journal now known as “20 In 5” in which the Work appears (the “Issue”) on Publisher’s website(s).
B. The revenue share for the Author will be $0.02 (two cents) per Work through purchases, subscriptions or access granted through affiliated websites not owned by Publisher or Author.
C. The revenue share of the Work's Author will be $0.05 (five cents) per Work through purchases, subscriptions or access granted through affiliated websites not owned by Author. Said website(s) must be presented to Publisher for approval and link to Publisher e-commerce system.
D. If the Work is reproduced in special editions of "20 In 5" or translated for foreign-language versions, the same rates apply per each appearance of the Work.
E. Publisher will render electronic accountings of each Issue, beginning thirty (30) days after publication on the Publisher's website, and pay by electronic transfer all sums shown to be due Author on a bi-monthly basis.
4. Warranties
Author warrants that:
A. Author is the sole author and owner of all rights granted hereunder and Author has the full power to grant the rights granted.
B. The work does not infringe the copyright or any other rights of any party;
C. The work has not been previously published in whole or in part.
D. The work does not contain matter that is defamatory, or that violates the rights of privacy, publicity or other legal rights of third parties or is unlawful.
E. Author has obtained all necessary consents in writing from any third party whose material is contained in the Work.
5. Indemnity. Author shall indemnify and hold harmless Publisher, its parents, subsidiaries, affiliates and their respective officers, agents and employees from and against any and all claims, liabilities, causes of action, judgments, costs, losses and expenses (including court costs and reasonable attorneys’ fees) arising out of any claim, demand or action of any third party which is inconsistent with the representation and warranty hereunder, including but not limited to those based on the right of privacy, the right of publicity, copyright, libel, or slander.
6. Miscellaneous. This Agreement shall be governed by the standards of the Uniform Commerce Code (UCC). This Agreement is binding upon and inures to the benefit of the heirs, executors, administrators, representatives, and assigns of the Authors. This Agreement is the entire agreement between the parties with respect to the Work and may be amended only in writing. If any part of this Agreement shall be invalid or unenforceable, such invalidity or unenforceability shall not affect the balance of this Agreement. Nothing in this Agreement shall be deemed to create a partnership or joint venture between the parties.
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