AGREEMENT made this ____day of _____, 20__ between ________________________________, whose residence address is ___________________________________________________________________(hereinafter called the Author); and Books Unbound E-Publishing Co. (hereinafter called the Publisher), whose principal place of business is at www.booksunbound.com


WITNESSETH: In consideration of the mutual covenants herein contained, the parties agree as follows:

1. GRANT The Author grants to the Publisher for a period of one (1) year from the date of first publication the sole and exclusive right to publish and sell an electronic edition of the manuscript entitled _____________________ (hereafter called the Work) from its website. Upon the expiration of this agreement one (1) year from the date of original publication, the Publisher shall have first option to conclude an agreement with the Author for continued publication rights to the Work on terms to be mutually agreed upon. Should no such agreement be concluded within sixty (60) days of the expiration of this agreement, all rights to the Work shall automatically revert to the Author.

2. REPRESENTATIONS AND WARRANTIES The Author warrants and represents that this Work is original with him and has not heretofore been published in electronic form, or has been published in electronic form and that electronic rights to the Work have reverted to the Author, that he is sole author and proprietor of said Work with full power and right to enter into this agreement and to grant the rights hereby conveyed to the Publisher; that said Work contains no matter which is libelous and infringes no right of privacy or copyright; that he has not heretofore and will not hereafter during the term of this agreement enter into any agreement or understanding which would conflict with the rights herein granted the Publisher. If the Author shall breach this warranty, the Publisher shall be entitled to injunctive relief in addition to all other remedies which may be available to it. The Author further agrees that he will hold the publisher, its distributors, and any retailer harmless against any recovery or penalty finally sustained arising out of his breach of this warranty, and in this event he will reimburse the Publisher for all court costs and legal fees incurred. Any out of court settlement of any suit filed jointly against the Author and the Publisher shall be made only by mutual agreement in writing between same.

3. ROYALTIES The Publisher will pay the Author royalties based upon net sales as reported by the Publisher's distributors as shown in the table at the end of this contract. All payments under this contract will be made in United States dollars.

4. SUBSIDIARY RIGHTS The Author and/or his agent shall retain in full the exclusive right to sell or license the Work for publication in whole or in part, in English or in any foreign language, in any way, shape, edition, or form not in conflict with the rights granted to the Publisher under this agreement, and shall further retain the full and exclusive rights to license the Work for use in other media. Upon mutual agreement between the Publisher and the Author, the Publisher may act as the Author's agent in any subsidiary rights matter, in which event the Publisher shall receive ten percent (10%) of the amount paid and the Author shall receive ninety percent (90%). However, the legal rights to make agreements for subsidiary rights, licensing or sale shall remain with the Author.

5. STATEMENTS AND PAYMENTS The Publisher shall forward to the Author or his agent royalty statements to be computed as of each calendar quarter of each year of this agreement within thirty (30) days following such respective dates along with any payments indicated to be due thereby. The Author shall have the rights to examine or cause his duly appointed representatives to examine the accounts of the Publisher at any time after written demand by the Author. In the event discrepancies between royalty statements and the Publisher's accounts shall total more than twenty dollars ($20.00) in the Author's favor under this and any other agreement between the Author and the Publisher, the Publisher shall tender such monies due to the Author within ten (10) days, along with reimbursement in full for any duly verified expenses incurred by the Author as a result of the auditing procedure. Should such discrepancies total less than twenty dollars ($20.00), in favor of the Author, the Publisher shall tender such money due to the Author within ten (10) days, but shall not be liable for reimbursement of the Author's expenses.

6. MANUSCRIPT AND DELIVERY The Author agrees to deliver to the Publisher, by electronic mail, on or before _________ and in final revised form an English-language manuscript of approximately _________words. If, in the opinion of the Publisher, the manuscript is unacceptable or unsatisfactory to the Publisher, the Publisher may reject it by written notice within thirty (30) days of delivery, in which case this agreement shall be deemed terminated and there shall be no further obligation upon the Publisher to publish said work or to make any further payment hereunder, and all rights granted to the Publisher under this agreement shall revert to the Author.

7. EDITING RIGHTS No changes, additions, deletions, abridgements, or condensations of substance in the text of the Work or changes of title shall be made by the Publisher, its agents, contractors, or employees, without the consent of the Author. The Publisher retains the right to make changes for obvious spelling and punctuation errors and to format the work according to its requirements. The Author agrees to cooperate in the editing process in a reasonable manner. If the Publisher insists on edits which the Author feels will be to the detriment of the book, and all attempts at negotiation fail, the Author retains the right to withdraw the book and terminate this contract, with thirty (30) days written notice delivered to the Publisher. Prior to publishing all electronic versions of the book, final copy-edited version of manuscript shall be submitted to the Author.

8. GALLEYS AND PROOFS Prior to publication the Publisher upon advance notification shall provide the Author with galley proofs of the Work, which the Author shall correct and return to the Publisher within twenty (20) days of receiving same. Prior to the electronic release of the Work, the Publisher, or an Artist working under contract to the Publisher, shall submit to the Author a proof or other facsimile of the cover text and design for his approval, which shall not be unreasonably withheld. The Author understands and agrees that any cover or other art supplied by the Publisher or any Artist or Agent of the Publisher, belongs to the Publisher, Artist or Agent and may not be used in any way by the Author without purchase or express written consent from the owner of the rights to such work.

9. COPYRIGHT The Author is hereby mandated to secure copyright to the Work in the same name of the Author, and to fulfill all other obligations necessary to protect copyright to the Work under United States law and the International Copyright Convention.

10. PUBLICATION The Publisher agrees to publish and commence distribution of said Work within three (3) months of final galley approval and acceptance of the Author's final manuscript after completion of the editing process. In the event the Publisher shall fail to publish and distribute the Work by said date, this agreement shall terminate forthwith, and all rights hereunder shall revert to the Author. The Author shall retain any payments made to him under this agreement, without forfeiting his rights to seek further damages from the Publisher. However, this mandated publication date may be extended to any other date, and any number of such extensions may be made, upon mutual agreement between the Publisher and the Author.

11. AUTHOR'S COPIES On publication the Publisher shall give to the Author ten (10) copies of the published Work, which may not be resold. The author may request that the Publisher supply further copies for promotional purposes at no charge to the author. Any further copies desired by the Author may be purchased at the base cost of the book, less the Author's royalty portion.

12. INFRINGEMENT If during the existence of this agreement the copyright shall be infringed, the Publisher may, at its own expense, take such legal action, in the Author's name if necessary, as may be required to restrain such infringement or to seek damages therefor. The Publisher shall not be liable to the Author for the Publisher's failure to take such legal steps. If the Publisher does not bring such an action, the Author may do so, in his name at his own expense. Money damages recovered for an infringement shall be applied first toward the repayment of the expense of bringing and maintaining the action, and thereafter the balance shall belong to the Author, provided, however, that any money damages recovered on account of a loss of the Publisher's profits shall be divided equally between the Author and the Publisher.

13. TRANSMISSION OF INFORMATION The Publisher and The Author agree to use care in the transmission of electronic information. Neither The Publisher nor The Author will hold the other responsible for any virus or other harmful agent accidentally transmitted.

14. BANKRUPTCY AND INSOLVENCY If a petition in bankruptcy shall be filed by or against the Publisher, or if it shall be judged insolvent by any court, or if a Trustee or a Receiver of any property of the Publisher shall be appointed in any suit or proceeding by or against the Publisher, or if the Publisher shall make an assignment for the benefit of creditors or shall take the benefit of any bankruptcy or insolvency Act, or if the Publisher shall liquidate its business for any cause whatsoever, this agreement shall terminate automatically without notice, and such termination shall be effective as of date of the filing of such petition, adjudication, appointment, assignment or declaration or commencement of reorganization or liquidation proceedings, and all rights granted hereunder shall thereupon revert to the Author.

14. INHERITANCE This agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators and assigns of the Author, and upon and to the successors and assigns of the Publisher.

15. ROYALTIES All payments made under this contract will be made in United States dollars. The Publisher will pay the Author per copy of every book sold and for which The Publisher receives full payment according to the following schedule, where Base Price is determined primarily by word count:

Base price for download format	Author payment
$4.95	$1.60
$5.95	$2.00
$6.95	$2.40

On all other copies sold at special rates, through book clubs, or as remainders, through the Publisher's website, where the Publisher has discounted the price more than $0.25, the Author will receive a proportionate percentage of the discounted per copy amount received by the Publisher, compared to the per copy amount received by the Publisher under the minimum royalty rate for regular sales. For example, if the Publisher discounts the price 20%, the Author's payment will be 20% less.

On all other copies sold through off-site retailers, the Author will receive a payment proportionate to the net sale amount received by the Publisher from the retailer, compared to the per copy amount charged by the Publisher for onsite sales.

The Publisher may distribute copies of The Book for promotional or review purposes at no charge, and is not required to pay The Author for these copies. The Author may inspect The Publisher's business records, as they relate to sales of The Book, at any time with reasonable notice.

The Publisher will not make any payment if less than Twenty dollars ($20) is owed at the end of a quarter ending December, March or June. Any money owed will be carried over to the next quarter. The Publisher will make payments after the quarter ending September regardless of the amount owed.


X______________________________
AUTHOR
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PUBLISHER