Book Publishing Agreement

This Publishing Agreement is entered into and effective as of the date of the Author’s signature below between AssetVault LLC (DBA Kitsap Publishing) ('Publisher'), with address at 1450 NW Finn Hill RD, Poulsbo, WA 98370, and the Author ('Author') with name and address at:

The Author wishes to publish the work ("Work," "Title," "Book," or Book Title") through the Publisher.

1. License to Publish and Copyrights: The Author grants the Publisher Kitsap Publishing a worldwide license to print, publish, market, store, use, transmit, distribute, and sell all editions of the book listed in this agreement entitled:

Author retains all rights to all intellectual property, including all copyrights and the US Copyright Registration for the Title published under this Agreement, including the right to enforce the copyrights and collect and retain damages. Therefore Author has the right under this agreement to create derivative works, including without limitation foreign language and electronic translations, motion picture adaptations, and sound recordings. *
2. Term of Agreement: The term of this Agreement shall begin on the date of signing by the Author. The term is set to a period of one year. After the term, each party has the right to terminate the entire Agreement to the end of the calendar month. If not terminated, the Agreement will extend automatically on a month-to-month basis after the term period until at least one party terminates the Agreement. Before the end of the term, either party can terminate the Agreement for any reason by sending a termination letter. Termination will be effective on the date of receipt of the termination letter, including receipt by electronic mail or Certified U.S. Mail. In the event of termination, Publisher will remove the Work from all sales and distribution platforms within one month of the effective date of termination. The Publisher will stop selling and promoting the Work after the termination date. The Publisher will remove the listing from the distributor’s catalog (Ingram) by the end of the month of the termination. After termination, Publisher has no control over the actual delisting process from retailer’s systems: copies of books purchased by retailers from Publisher’s distributor Ingram might still be sold after the termination of this agreement for an unknown time. These books will continue to show availability as long as retailers carry inventory for that title. In the case of retailers such as Amazon.com that allow sellers to set up virtual "stores" on their site, a complete stop of sale is nearly impossible since these sellers may have new and used copies of the book. These copies will also show availability through any number of retailers. Any used copies for the original version of that title may continue to show as available for purchase. The termination of this agreement will not affect the eligibility of the Author to purchase Books from Publisher at negotiated Author prices. *
3. Book Formats: Author grants Publisher the right to publish the Work in the following formats: *
4. Book Promotion: Author and Publisher have formed a team to promote the book. The author agrees to collaborate with the Publisher in future marketing and publicity efforts. Publisher and Author may enter into a separate agreement to produce promotional materials such as posters for events like book signings or other promotional materials such as bookmarks, business cards, or banners. *
5. Sales Projections: Both parties understand that all projected sales numbers are the result of both, the Author’s and the Publisher’s promotional activities. No party can hold the other party accountable for the actual number of books sold. The Publisher will use an Opportunity Stage Forecasting (OSF) model to estimate and project book sales. *
6. Sales Channels and Distribution: Publisher will list the Book through the below listed sales channels. Returned books will only be listed as ‘returnable’ with Ingram if Author and Publisher both agree on the share of responsibility for printing, shipping, fees, and handling of returned books. *
7. Retail Price and Donations: Prior to publishing, Author and Publisher will agree on retail prices for paperback, hardcover, e-book, and audiobook formats. If Author decides to donate a portion of the Author’s proceeds, Author will arrange payment of all donations from Author’s royalties. *
8. Royalty Payments: Author shall receive royalties from the Publisher per sold unit of the percentage listed below of the publisher’s net compensation. *
9. Publication and Right of Marketing: The Publisher will publish the Work under the label "Kitsap Publishing" and reserves the right to market, sell, and distribute the Work for the benefit of the Author’s book sales. The Publisher may use brief extracts and other artwork from the submitted work to help publicize the Author’s work online, in book clubs, in publishing circulars, or in other relevant media. The author has the right to market and promote the book on their website(s), social media sites, and seminars and start any other promotional activities to market the book. *
10. Included Author Copies at Signing: The Author shall not receive any free paperback books with the signing of this agreement. However, the Author can purchase any number of author copies after the book has been released. 11. Book Purchases by the Author: The Author can purchase additional books directly from The Publisher for a separately agreed-upon author price. For all books sold directly by the Author, the Author will keep 100% of the proceeds. *
12. Author Warranties: Author represents and warrants the following to Publisher: (a) Author is the sole owner of the Work (this includes manuscript, pictures, images, drawings and any other materials submitted to Publisher) and has the full power, authority and right to enter into this Publishing Agreement; (b) This Agreement does not conflict with any other contracts, understandings, or arrangements between the Author and any other person or entity; (c) The Work is not in the public domain and is entirely original except for portions thereof for which legally effective written licenses or permissions have been secured; (d) The Work as submitted, and its publication by Publisher, do not and will not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademark rights, trade secret rights, contract rights, privacy rights, or publicity rights of any other persons and entities; (e) The Work and all the rights in Work are free of liens, claims, interests or rights in others of any kind; (f) Publisher shall not have any legal responsibility for Author’s Work; (g) The Work is not defamatory or obscene, or in any other way illegal; and any recipes, formulae, instructions, or recommendations contained in the Work are not and will not be injurious to any reader, user, or third person; (h) All information submitted to Publisher is entirely accurate to the best knowledge of the Author. *
13. Indemnification: Author agrees to indemnify, defend and hold harmless Publisher fully and its affiliates from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses arising from, connected with, or because of any breach or alleged breach of any of the representations and warranties set forth above, but the Author shall not be liable for any matter inserted in the Work by Publisher or its licensees. All warranties and indemnifications made by the Author herein shall survive termination of this Publishing Agreement or any license under this Agreement. *
14. Copyright Infringement: Publisher and Author shall have equal rights to commence action for copyright infringement on other parties based on the rights granted under this Agreement. *
15. General Provisions: This Agreement shall be governed by the laws of the State of Washington, and all parties consent to venue and jurisdiction in the courts of Kitsap County to adjudicate any and all claims arising under this Publishing Agreement. This Agreement may be modified by Publisher giving 30 days' notice to the Author of the proposed change. If the Author does not agree that such change is in the best interest of all parties, the Author may promptly terminate this Publishing Agreement. *
16. Arbitration: Except as may be otherwise required by law, any controversy or claim between the parties arising from or relating to this Agreement must be resolved only by binding arbitration under Chapter 7.04A RCW and in accordance with state and local Mandatory Arbitration Rules. All statutes of limitations that would otherwise apply will apply to disputes submitted to arbitration. This process applies regardless of when the dispute arises and will remain in effect after the termination of this Agreement. Arbitration will be commenced by serving a written demand for arbitration on the other party, either personally or by Verified Mail. Verified Mail means any method of mailing that is offered by the United States postal service that provides evidence of mailing. When the arbitrator cannot be mutually agreed on, either party may seek arbitration by applying to the Kitsap County Superior Court for the appointment of the arbitrator. Whether a controversy or claim is covered by this Agreement will be determined by the arbitrator. The arbitrator and the parties will do what is reasonably necessary to conduct the arbitration hearing within 120 days of the date the arbitrator is selected, and the arbitrator will make every effort to limit the hearing to three (3) days and to render his or her award within 14 days after the hearing. The parties will equally share the costs of the arbitrator. *

By signing this Agreement, the parties agree to all the terms and conditions of this Publishing Agreement.

Author's Signature: *
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Publisher's Signature (to be signed after Author signed):
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