Publishing Service Agreement

This Agreement is between Success Publishing, LLC, (herein “Service Provider”) registered office at 2810 Trinity Mills, #209-221, Carrollton, Texas USA 75006 and client, herein “Author”.

It is hereby agreed to and understood that Service Provider will provide services to the “Author” as set forth in this Agreement.

  1. AUTHOR’S OBLIGATIONS.
    • This agreement must be completed electronically before the Service Provider is obligated to perform any Services.
      • Payment Precedes Fulfilment. The service provider is not obliged to fulfillthe Services set forth until after payment for such Services has been received.
        • The Standard Rate for the Instant Author Progam is $6,000 USD.
        • Upon full payment, credentials for all websites, domains, services, and accounts are transferred to the Author’s Google folder.
      • Invoiced rate
        • Any invoiced rate offered below the Standard Rate expires after 24 hours from its extension.
        • The invoiced rate can be withdrawn at any timeand without prior notice.
        • When invoiced at a lower rate that may include payment options, Service Provider accepts the Author’s payment(s) as payment in full. No additional economic obligations exist besides the completion of the invoiced payment plan.
        • Should the payment plan agreed to not be completed on time and on the day the invoice is received, the Author becomes responsible for the Standard Rate.
        • Author agrees to keep confidential any rates below the Standard Rate.
      • Timeliness
        • Author’s Questionnaire must be COMPLETED in its entirety before submitting to begin production. This ensures all data is received and eliminates errors that occur if data is piecemealed separately.
        • High-Quality Image(s)of the Author for display and image creation must follow as soon as they are available to ensure delivery schedules.
        • Reviews of Production
          • Reviews of each stage of the production ensures the new Author the right to revise and submit changes.
          • Upon Author’s emailed “approval,” any future discovery of errors or omissions are not the responsibility of Service Provider.
  1. AUTHOR’S RIGHTSTO THE FINISHED PRODUCTION.
    • The Author’s finished Work may include content that the service provider, its employees, Affiliates or their Contractors create as part of the Services that the service provider offers (“The service provider’s Work Product”) and/or content that is owned by third parties (“Third Party Property”) that either the service provider licenses or the Author licenses or otherwise have permission to include in the finished Work.
    • Subject to the following paragraphs, the Author will remain the sole and exclusive owner of all right, title, and interest in and to the Author’s Chapter associated with their unique book, title, andISBN.
    • Upon full payment for production and at its completion, credentials for websites, domains, services, and accounts created for the benefit of the Author are transferred to the Author, enabling Author’s full and complete control.
    • The authordoes not own any content inserted into their book that they did not compose (e.g., other authors also included in the book).
    • The service provider will have right or license to use the Author’s Chapter in future versions if Author’s content is exceptional.
  1. ROYALTIES AND CONTROL OF PRICING.
    • The Author receives 100% of all proceeds generated from his/her book.
      • The just-in-time printing costs equal approximately$4.30plus the cost of shipping.
      • Above the printing costs, Amazon keeps 40% of the author’s sale price, the Author keeps 60%.
    • The Author may choose their price and change it as they wish.
    • The Author may purchase single issues of their book directly from Amazon at approximately$4.30plus the cost of shipping.
    • There is no requirement of the Author to purchase any of their books at any time.
  1. THE RIGHTOF PUBLICITY AND LICENSE TO USE.
    • For the purpose of promoting the Author and the Author’s Work, the Author grants to the service provider, their Affiliates and their Contractors the worldwide rights and license to display, exhibit, reproduce, digitize, modify, license, and otherwise use the following, and all materials created by the service provider or on their behalf that incorporate any of the following, in any format now or hereafter known (including print, audio, video, electronic, and digital) and in all media now or hereafter devised (including all digital, audio, video, and print media):
    • Information about the Author, including, but not limited to, their name, image, likeness, appearance, voice, professional and personal biographical information, signature and other personal characteristics and any private information that the Author supplies to the service provider (“Right of Publicity”).
    • Any information prior to this Contract is explicitly excluded.
    • Information regarding the Work, including the title of the Work, description of the Work, excerpts,andimages from the Work (at a lengthand in durationand manner to be determined, in service provider’s discretion), and other information regarding the Work will be “License to Use”).
    • Notwithstanding the grant of the Right of Publicity or License to Use the finished Work, the service provider’s sole obligation with respect tothe use of the Work or the Right of Publicity is the fulfillmentof those Services purchased by the Author.
  1. RELEASE OF LIABILITY.
    • To the fullest extent permitted by applicable law, the Author hereby releases, waives, discharges and covenant not to sue the service provider, their Affiliates and their Contractors and their respective owners, members, officers, directors, employees, agents,and representatives (collectively, “Releases”) from all liability to the Author, their personal representatives, assigns, heirs, and next of kin for any loss, damage or expenses, and any claims, demands or Actions therefore, arising from or related to, directly or indirectly.
    • The service provider, their Affiliates’ or their Contractors’ use of the Right of Publicity, including, but not limited to, claims for copyright or trademark infringement, infringement of moral rights, defamation, invasion of rights of privacy, rights of publicity, intrusion, false light, public disclosure of private facts, physical or emotional injury, or distress or any similar claim or cause of action in tort, contract, or any other legal theory (collectively “Publicity Claims”), now known or hereafter known in any jurisdiction throughout the world.
    • For purposes of this Agreement, “Actions” include any litigation, lawsuit or administrative, governmental or another proceeding including, but not limited to any investigations, inquiries, hearings, and other requests, or any appeal thereof.
  1. FREE COPIES, EXCERPTS, AND PREVIEWS.
    • The Author grants service provider, their Affiliates and their Contractors, the right to send free review copies of the Work to members of media, including, but not limited to, editors, newspapers, bloggers, professors, television, Internet, and radio commentators, and other potential book reviewers, at the service provider’s sole discretion.The authoris not entitled to be paid Author Royalties on free copies of Author’s Work.
    • The Author acknowledges and authorizes the service provider, their Affiliates, and their Contractors to determine whether and to what extent to make excerpts or previews of Author’s Work available for view, without Author Royalties to the Author, on websites or via other media, including the websites of retailers, to the extent that Service Provider isunder contract with them at the time.
    • The Author acknowledges and agrees that although the Author notifies their network to cease publishing Author’s Work after Termination, some previews may remain up in perpetuity, even beyond Termination.
    • The service provider will not be liable to the Author for copyright infringement, or in any other way, for the failure of a Contractor to remove an excerpt or preview of Author’s Work.
  1. NO GUARANTEE.
    • SALES ARE NOT GUARANTEED. SERVICE PROVIDER MAINTAINS NO CONTROL OVER THE SUBJECTIVE PURCHASING DECISIONS OF CONSUMERS OR BOOKSELLERS, AND, CONSEQUENTLY, SERVICE PROVIDER CANNOT AND DO NOT GUARANTEE SALES OF AUTHOR’S WORK. THE SERVICE PROVIDER MAKES NO GUARANTEES OR PROMISES AS TO THE MINIMUM SUCCESS OF THE SERVICES OR THE NUMBER OF BOOK SALES WHICH MAY RESULT FROM ANY OR ALL OF THE SERVICES.
  1. GENERAL DISCLAIMEROF WARRANTIES.
    • EXCEPT FOR ANY WARRANTIES OR REPRESENTATIONS EXPLICITLY SET FORTH IN THIS AGREEMENT, WE MAKE NO OTHER WARRANTY, AND EXPLICITLY DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, OR REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN, WHETHER ARISING BY LAW, COURSE OF PERFORMANCE OR DEALING, CUSTOM OR USAGE IN THE TRADE, OR OTHERWISE) WITH RESPECT TO THE SERVICES, OR ANY PART THEREOF, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS, OR SUITABILITY FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), WARRANTY OF TITLE, AND WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY.
  1. CONFIDENTIALITY AND NON-CIRCUMVENTION.
    • Author agrees to keep private the process and procedures, as well as any relationship(s), revealed during the publishing process.
    • These relationships reflect trade secrets that are valuable to the Service Provider.
    • At the Author’s request, the service provider may provide Additional Services. Additional Services will result in additional charges at the applicable prices for such Additional Services in effect at the time that they are ordered.
  1. CANCELLATION.
    • This agreement cannot be canceledexcept by mutual written consent of both the Authorand Service Provider.
    • If cancellation is initiated by the Author in writing and agreed to by Service Providerin writing, Author will be required to pay any unrecoverable costs already incurred by the Service Provider.
  1. JURISDICTION AND VENUE.
    • It is herebyagreed and understood that the laws of the state of Texas, County of Dallas, country of the United States of America shall govern this agreement.
  1. HOLD HARMLESS.
    • Authoragrees to defend, indemnify, assume liability for and hold Service Providerharmless from any and all claims, demands, damages, losses, suits, proceedings, penalties, expenses or other liabilities including attorney fees and court costs, arising out of or resulting from the performance of this contract.
  1. CONTRACT AND AGREEMENT.
    • Any changes must be written and signed by both the Authorand Service Provider.
    • The latest contract supersedes all previous contracts between Authorand Service Providerfor the event listed above.
    • If any clause in this Agreement is found to be unenforceable by a court of law, the rest of this Agreement shall remain in full force and effect.
    • The offer to contract may be withdrawn at any time and without notice.

 

SCOPE OF WORK:

  1. A CO-AUTHORED BOOK WITH MATT MORRIS
    • Published in the name of the Authorincludes
    • Ensuring a book is published throughAmazon’s publishing platform
    • Editing one chapter up to a maximum of 2,000 words
    • Typesetting your chapter into an entire book with approximately 250 pages
    • Securing of your ISBN: International Standard Book Number, a 13-digit number that’s used as a unique identifier for books. ISBN is used internationally.
    • Designing your unique book cover includes
      • Your name on the front cover as part of the title
      • Your image photoshopped professionally on the front cover
      • Your 50-word bio on the back cover
      • Your pic next to the bio on the back cover
  1. POST-PRODUCTION INTERVIEW
    • edited for presentation purposes and social media marketing campaigns
    • delivered in YouTube format for easy sharing
  2. AMAZON/KINDLEFULFILLMENTSETUP
    • Standard Amazon page created with images of the book’s front and back covers
    • Author’s best image
    • Biographical content edited and inserted to showcase the Author
    • Excerpt of Author’s chapter inserted
    • Kindle eBook setup
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