SynergEbooks' Author Contract

This Agreement, between SynergEbooks and the Author or duly authorized legal representative (herein represented as "Author"), in regards to the Work, both named at the end of the contract, shall be considered legal and binding in all countries and continents.

A. The Author hereby states that the Work submitted to SynergEbooks is free and clear of any counts of libel, plagiarism, breach of privacy or misrepresentation of facts. The Author also states that the Work, if biographical or "as told to the Author" is, to the best of the Author's knowledge, factual and true.

B. The Author states that the Work is not currently in the public domain in the format it will be sold in via SynergEbooks and that the Author is the sole proprietor of the work, with full power to enter into this contract.

Or: The Author states that the Work, if previously published in whole or in part, is free to be digitally published by SynergEbooks, and the Author will not enter into any agreements with any person, firm or corporation that will conflict with the rights granted to SynergEbooks as stated in this contract.

C. The Author releases SynergEbooks from any responsibilities relating to any legal actions incurred by the Author for contents of the Work.

D. The Author grants SynergEbooks the right to publish the Work in digital format, including, but not limited to: computer disk, databases and CD-ROM. The Author grants SynergEbooks the right to place said Work in any bookstores, both offline and on, that SynergEbooks wishes with the express purpose to sell said Work to the public. SynergEbooks will not place a book for Free on any site without the Author's written permission.

E. AUTHOR WILL RETAIN ALL RIGHTS TO HIS/HER WORK.
Should SynergEbooks desire to publish the above Work in a non-electronic format such as paperback, the author's written permission will be sought before initially the printing of said book(s). SynergEbooks will pay a license fee of 15% of profits from said Work in paperback format, without illustrations, and list said Work at Amazon and Baker & Taylor. SynergEbooks will not put any title into paperback without the written permission of the author.

F. The Copyright: Any official Copyrighted materials shall be obtained by Author. Unless otherwise agreed to in writing, SynergEbooks will, in all published versions, and to the best of its ability, ensure that the copyright shall appear in accordance with the United States Copyright Law, showing the Author, or duly assigned representative or entity, of the work as the owner and holder of the copyright to that work. The copyright notice shall in no way effect the rights granted to SynergEbooks under this Agreement.

G. Earnings and Statements:

1. SynergEbooks shall credit the Author's account forty-percent (40%) of the profit for those Works published electronically - including CD-ROM - on its websites, including Writer Online Books (http://www.writeronlinebooks.com); twenty percent (20%) from those digital books sold on our partner websites (including but not limited to eBooks.com, Fictionwise, and Mobipocket); 20% for those digital titles that are sold at the "author's discounted price."* fifteen-percent (15%) for paperback.

All Works by Author that are sold in any eBookstores or regular Bookstores will be sold at the suggested retail price given by SynergEbooks OR at the price decided upon by said Bookstore. SynergEbooks will receive a percentage of the sale of said Work, and Author will receive the above listed percentage of profits from SynergEbooks' percentage as opposed to the percentage of earnings from said Bookstore(s).

2. SynergEbooks shall render to the Author or duly authorized representative, payments on royalties due on a monthly basis once royalties due add up to $25.00 USD once title has been officially 'for sale' on the SynergEbooks site in any format. And, on or before January 31st of each year, statements of net sales for the preceding year shall be rendered to the Author at the address given below. Author may request that royalties be sent only when the amount adds up to $50.00 or $100.00 (recommended for authors who do not reside in the US).

H. Exhaustion of Edition:

(a) The Work shall not be deemed "out-of-print" for as long as its presence remains on the SynergEbooks site, and the Author's Contract remains in effect, and while there are copies available in inventory in print format*. This Contract has a minimum life of three (3) years from the date of signed contract, automatically renewable on a yearly basis, unless either party informs the other on intent to dissolve the agreement. Both parties must give at least thirty (30) days notice IN WRITING at any time (See Item P) of this intent to dissolve for the agreement to become null and void. If your book is listed at Fictionwise.com, this contract may not be dissolved before five (5) years.

(b) SynergEbooks shall make all reasonable efforts to keep the publishing site and structure viable at all times. Temporary lapses in the site's presence on the Internet or World Wide Web occurring through natural or technical causes do not constitute an exhaustion of edition.

*When notice of termination is given, SynergEbooks reserves the right to continue to sell any available print copies until the inventory has been exhausted, at which time the book will be listed as out-of-print and the contract shall be severed. The Author may choose to purchase all of the remaining copies of said title in print format, at which time said title will be immediately listed as out-of-print and the contract terminated within the time period specified above. SynergEbooks reserves the right to sell such copies at cost, in which case, the Author will not receive profit from said sale(s).

I. Copyright Infringement: If, during the existence of this Agreement, any entity makes unauthorized use of your Work, or any part of it, not limited to its format, characters or situations, SynergEbooks may, at its own cost and expense, take such legal action as may be required to restrain such wrong or to seek damages. SynergEbooks shall not be liable to the Author for its failure to take such legal steps. If SynergEbooks does not take such legal steps within one month. of said infringement, the Author may do so, in the Author's name and at the Author's cost and expense. The party taking the action shall bear all costs and expenses (including attorney's fees) and:

a. If SynergEbooks initiates the action, it shall split, equally, with the Author any moneys earned from win, after expenses.

b. If the Author initiates the action, the Author shall keep all remunerations.

J. Rights Surviving Termination: Should this Agreement be terminated by the provisions included within it, the Author takes responsibility for, and receives the proceeds from, all licenses and other grants of rights assigned to SynergEbooks and by SynergEbooks at that time.

K. Modification or Waiver: This agreement may not be modified in any way except by written instrument agreed upon (which can include fax, e-mail or written correspondence) by SynergEbooks and the Author. No modifications of any portion of this agreement shall automatically alter any other portion of the agreement. Additions to this agreement may be submitted and accepted in clause "Q" at the end of the agreement.

L. Notices: All official correspondence required by the agreement must be in writing and delivered in person and/or by e-mail to SynergEbooks.com and the Author at their respective home mailing address and/or e-mail addresses. Changes of address must be made in writing and sent via certified or registered mail, return receipt requested, with copies being mailed to SynergEbooks addressed, "Attention: Records."

M. Insolvency: If SynergEbooks is legally judged bankrupt or liquidates its business, this Agreement shall be effectively terminated and all rights granted to SynergEbooks shall be returned to the Author, and any royalties due for said Work disbursed according to the final judgment of the Court within 30 days of bankruptcy or liquidation.

N. Author's Name and Publisher's Trademarks: SynergEbooks shall have the right to use the Author's name, likeness and biographical material on their website for the purpose of advertising, publishing, and promoting the Work itself, its title, and all material, including characters in the Work, through their use, simulation, or graphic exploitations on or in connection with the merchandise. If Author so chooses to also get hard-copy printed by another Publisher, SynergEbooks would like to Amend the current contract in order to further promote sales on our site.

O. In the event said Author chooses to withdraw said Work from SynergEbooks' site, we require 90-day notice, in WRITING and via e-mail, as well as the right to continue sales on said Work until the withdrawal date and/or until any profit copies are sold as stated above. Author will continue to receive the above royalty percentages up to 90 days after said Work is for sale on the SynergEbooks site or elsewhere using the SynergEbooks name even if said royalties come in after the withdrawal date.

P. Amendments: (please erase this phrase and add any changes for approval by SynergEbooks).

Q. ISBN numbers will not be assigned to Work until said contract has been signed - and a copy obtained - by both parties.

This agreement becomes executable upon signing and dating by both parties and will be in effect for the length of three (3) years, at which time it can be renewed automatically by SynergEbooks unless written notice has been sent by either party prior to exhaustion of contract, in WRITING via e-mail and regular mail.

Send two (2) signed and dated printouts to the address below for signing by a SynergEbooks representative; you will receive a signed copy by return mail within ten (10) business days of receipt. Please fill in all but your signature on the computer, then print it out and sign it.

*When a title is created with both an author and an illustrator and either party purchases copies of his/her title at the "author discounted price," the other party will receive 20% royalties for those sales.

Title of Work:_______________________________________________

Author/Copyright holder: ___________

Date: _____________

Email address: _____________________

Pen name:__________________

Witness:________________________________________

Date:__________

Address:________________________________________

_________________________________________

_________________________________________

Phone #: _(___)_____________________

Author Signature: ________________________________

SynergEbooks representative: _____________________________

Date:_______

Mail To:
Debra Staples
Executive Editor/SynergEbooks
11 Spruce Ct.
Davenport, FL 33837

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