This Publishing Agreement is made between Timekeepers Press and the undersigned, hereinafter called the “Undersigned,” which term shall be deemed to include the Author's executor, devisees, heirs, and literary assigns. Whereas, the undersigned desires Timekeepers Press to publish the undersigned’s work(s) title(s) and Timekeepers Press desires to publish the Undersigned’s work(s). In consideration of this agreement the parties agree as follows:
Grant of Publishing Rights
The Undersigned hereby grants Timekeepers Press the non-exclusive, worldwide license to print, publish, distribute and sell the Undersigned’s work(s) in the English language. The Undersigned also grants Timekeepers Press the right to make excerpts from the undersigned’s work(s) viewable on the Timekeepers Press Official Website, or other third-party sites that have provided Timekeepers Press access, in order to facilitate marketing and sales of the undersigned’s work(s).
If, at any time during the effective term of this Agreement, a claim shall arise for infringement or unfair competition as to any of the rights which are the subject of this Agreement, the parties may proceed jointly or separately to prosecute an action based on such claims.
If the parties proceed jointly, the expenses (including attorneys’ fees) and recovery, if any, shall be shared equally by the parties.
If the parties proceed separately, each party shall bear the costs of litigation and shall own and retain any and all recovery resulting from such litigation. If the party proceeding separately does not hold the record title of the copyright at issue, the other party hereby consents that the action be brought in his or her or its name. Notwithstanding the foregoing, Timekeepers Press has no obligation to initiate litigation on such claims, and shall not be liable for any failure to do so.
Nothing contained in this Clause shall be construed as limiting, modifying or otherwise affecting any of the rights granted to Timekeepers Press under this Agreement.
Submissions, Publishing Process, and Fees
The Undersigned must submit an electronic manuscript of his or her work(s) within ninety (90) days from the effective date of this Agreement. The electronic manuscript format must be compatible to open in a word processing software.
If the Undersigned does not provide a submission within the ninety-day (90-day) period, Timekeepers Press will refund any payments to the Undersigned and this Agreement will be terminated. The Undersigned will have to submit a new Agreement.
Timekeepers Press will not accept printed or hardcopy manuscripts, only electronic manuscripts are permitted. Timekeepers Press will review manuscripts within fourteen (14) days of submission and provide a feedback to the Undersigned within fourteen (14) days of completion. If the Undersigned does not have any form of response within twenty-eight (28) days from the date of submission, services may be terminated and payments may be refunded but are determined by the Rights of Termination Clause. Otherwise, Timekeepers Press will offer discounted services to the Undersigned if willing to continue the process.
The Undersigned must submit an initial deposit of one-hundred and fifty dollars ($150) within fourteen (14) days of this Agreement’s effective date. The deposit is refundable once proof of termination from either parties can be established.
Once a work(s) has gone through the printing process, Timekeepers Press will provide a minimum of two (2) free proofs to the Undersigned. The Undersigned must provide final changes and corrections to the work(s) at this time. Proofs will be sent to the Undersigned for approval to continue the publishing process.
Any changes found up to the second proof that are made by the Timekeepers Press’s staff, will result in a revised proof at no charge and sent to the Undersigned. However, content changes (i.e. word replacements, sentence rephrasing, etc.) will result in an additional charge of eight cents ($.08) for each word or punctuation change. Furthermore, any additional proofs that will be needed in order to complete the approval stage will result in a charge of seven dollars ($7) for each proof.
Timekeepers Press agrees to publish the Undersigned’s work(s) within twenty (20) months from the effective date of this Agreement. In case of any delays that are agreeable to both parties, the work(s) may be extended up to thirty (30) days to cover such delays. If Timekeepers Press fails to publish the work(s) within desired date, all work(s) will be turned over to the Undersigned and this Agreement may be terminated if the Undersigned desires so. Refunds will not be permitted.
The Undersigned is required to have an ISBN for his or her work(s). Timekeepers Press offers to provide the Undersigned the option to provide an ISBN for the Undersigned’s work(s) or allow Timekeepers Press to register the title under Timekeepers Press’s publication. Although the book will be registered under Timekeepers Press, all royalties earned will be provided to the Undersigned. However, original files of the work(s) will be kept under property of Timekeepers Press until five (5) years this Agreement has been active.
Timekeepers Press may provide services that include purchasing or providing an ISBN for the Undersigned’s work(s). If the service is not provided, the Undersigned must provide a registered ISBN or submit a payment of eighty dollars ($80) to Timekeepers Press to cover registration costs.
Sales of the Undersigned’s work(s) on Timekeepers Press website, and any third-parties, will provide the Undersigned royalties. Royalties earned on Timekeepers Press website will be fully given to the Undersigned; royalties earned from third-parties will be determined by the conditions of that party.
The Undersigned shall receive a royalty of one hundred percent (100%) of Timekeepers Press’s net revenues for paperback copies sold of the work(s). Timekeepers Press will provide a royalty report to the Undersigned at the end or beginning of every month.
If at any moment during the term of this Agreement the copyright of the work(s) is infringed, the Undersigned authorizes Timekeepers Press’s sole expense to commence an action for copyright infringement under the Undersigned’s name. Any recoveries from such litigation shall be applied first to reimburse Timekeepers Press for its expenses incurred, and thereafter any remaining balances shall be divided equally between Timekeepers Press and the Undersigned.
If Timekeepers Press does not bring such an action, the Undersigned may do so at his or her sole expense. Any recoveries from such litigation shall be applied to the reimburse the Undersigned for his or her expenses incurred, and thereafter any remaining balance shall be divided equally between the Undersigned and Timekeepers Press.
Advertising and Promotions
The Undersigned agrees to allow Timekeepers Press the right to use, and to license others to use, his or her name, images, likeness and biographical material for advertising, promotion, and other exploitation of the work(s) and other rights granted by this Agreement.
Timekeepers press has the right to determine the time, place, method, and manner for advertising, promotions, and other exploitations of the Undersigned’s work(s) provided that the Undersigned approves.
Author Warranty and Indemnification
The Undersigned represents and warrants the following to Timekeepers Press:
(i) the Undersigned is the sole author of the work(s), and the sole owner of the copyright in the work(s); the Undersigned either is the sole owner of the copyright in the associated cover or interior graphics supplied by the Undersigned for the work(s) or has secured written permission (which the Undersigned will supply to Timekeepers Press together with any required third party credits) to use the same in the work(s); and the Undersigned has full power, authority and right to enter into this Agreement and to grant the rights herein granted;
(ii) this Agreement does not conflict with any arrangements, understandings, or agreements between the Undersigned and any other person or entity;
(iii) the Undersigned’s work(s) 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;
(iv) the work(s) and all rights therein are free of liens, claims, interests or rights in others of any kind;
(v) the work(s) as submitted, and its publication by Timekeepers Press, 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;
(vi) the work(s) is not defamatory or obscene, or in any other way illegal; and any recipes, formulae, instructions, or recommendations contained in the work(s) are not and will not be injurious to any reader, user, or any third person; and
(vii) all information in the submission package is accurate.
The Undersigned agrees to indemnify and hold harmless Timekeepers Press, its affiliates and any seller of the work(s) from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney’s fees and court costs) arising from, connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth in the above paragraph. However, the Undersigned shall not be liable for any matter inserted in the work(s) by Timekeepers Press or its licensees. All representations, warranties and indemnities made by the Undersigned herein shall survive termination of this Agreement.
If any such suit is instituted, Timekeepers Press shall promptly notify the Undersigned and may withhold payments due to the Undersigned under this Agreement, until such suit has been settled or withdrawn. If a final adverse judgment is rendered and is not discharged by the Undersigned, Timekeepers Press may apply the payments so withheld to the satisfaction of such judgment. The Undersigned undertakes for his or herself, successors and assigns, to execute at any time, on request of Timekeepers Press, any document(s) to confirm or continue any of the rights defined herein, and to take all proceedings necessary to enforce copyright in the United States and elsewhere.
If the Undersigned unreasonably disapproves of any out-of-court settlement recommended by Timekeepers Press and the claim or suit proceeds to trial, the Undersigned shall be liable for all Timekeepers Press's fees, costs, damages, and expenses connected with such trial regardless of outcome. Timekeepers Press shall have the right to reasonably extend the benefit of the indemnities to any person, firm, or corporation at any time, and the Undersigned shall be liable thereon as if the Undersigned’s warranties were originally made to such person, firm, or corporation.
Affiliates refers to owners, shareholders, officers, directors, employees, parents, subsidiaries, affiliated companies, licensees, distributors, advertisers, Internet service providers, attorneys, and accountants and any other person or entity to whom the Undersigned extends its representations and warranties to in connection with the production, dissemination, transmission, promotion, publication, or distribution of the work(s) or the exercise of any rights therein or derived therefrom. In defending any such claim, action or proceeding, Timekeepers Press shall have the right to defend with attorneys of its own selection and to settle the same and the Undersigned shall fully cooperate in the defense thereof.
Notices and Payments
All notices must be in writing and sent electronically via email addresses. Any formal notices regarding law suits or bankruptcy proceedings or of similar subject must be sent by overnight courier, preferably U.S. Postal Services. The Undersigned’s email address and postal address and Timekeepers Press’s email address will be specified at the conclusion of this Agreement.
If Timekeepers Press commences bankruptcy proceedings, all rights and files of the Undersigned’s work(s) will immediately revert to the Undersigned.
The Undersigned must have access to a PayPal account in order to make payments and receive his or her royalties. Timekeepers Press will send the Undersigned’s profits through PayPal.
Timekeepers Press will use PayPal’s business services to send out invoices and record payments. Cash and checks will not be accepted. The Undersigned must make all payments through PayPal, unless otherwise stated in a written statement.
Termination and Refunds
The Undersigned may terminate this Agreement within thirty (30) days from the effective date of this Agreement. However, if Timekeepers Press services were conducted and records of payments from the Undersigned have been found, the Undersigned may terminate this Agreement within thirty (30) days of providing a written termination notice to Timekeepers Press.
Timekeepers Press may terminate this Agreement within thirty (30) days from the effective date of this Agreement. However, if Timekeepers Press services were conducted and records of payments from the Undersigned have been found, Timekeepers Press may terminate this Agreement within thirty (30) days of providing a written termination notice stating the reason for termination to the Undersigned.
Payments before a manuscript has been submitted will be refunded to the Undersigned. Payments after a manuscript has been submitted will not be refunded to the Undersigned. All incoming royalties will be paid out to the Undersigned.
Terms of Agreement
This Agreement is active for three (3) years, and will automatically renew for one (1) additional consecutive year, if neither party gives at least thirty (30) days advance written notice.
This Agreement shall be governed by the internal laws of the State of Alabama as a contract fully executed, without regard to conflict of laws rules, and shall be binding upon the heirs, executors, administrators and assigns of the Undersigned and upon the successor and assigns of Timekeepers Press.
Any assignment by the Undersigned without Timekeepers Press’s prior written consent, such consent not to be unreasonably withheld, shall be null and void. Timekeepers Press may assign this Agreement. If any tent or provision of this Agreement is illegal or unenforceable, then, nonetheless, this Agreement shall remain in full force and effect and such term or provision shall be deemed deleted or curtailed only to such extent as is necessary to make it legal or enforceable.
This Agreement represents the complete understanding between the parties as to its subject matter and supersede all prior understandings, if any, as to its subject matter. No modification, amendment, or waiver shall be valid or binding unless made in writing and signed by all parties hereto.
By completing the following and submitting the required materials, the Undersigned agrees to all the terms and conditions in this Agreement and that the signature and initials will be the electronic representation of my signature and initials for all purposes when used on documents, including legally binding contracts, just the same as a pen-and-paper signature or initial.
Author’s Name Author’s Initials
Date Email Address