MY THREE SISTERS PUBLISHING AUTHOR CONTRACT

 

Please read and sign the following agreement between you ("Author") and My Three Sisters Publishing Publishing, LLC ("My Three Sisters Publishing" or "the Company"), for your book ("Work").

 

MY THREE SISTERS PUBLISHING - SERVICES

 

Services to be performed by My Three Sisters Publishing Publishing will be governed by the invoices on which you have paid for services.

 

AUTHOR'S BOOK SALES PAYMENT

 

Your sales payments are based upon a formula of the Retail Price of your book, the Sales Discount at the time of sale, the Printing Cost, and the My Three Sisters Publishing Handling Fee. These payments will be governed by the Sales Payments and Retail Pricing Agreement.

 

RETAIL PRICE

 

As the Author, you may price your books at ANY retail price. However, we cannot sell your books through our systems unless your retail meets the Minimum Pricing criteria outlined, which is based on book format and page count. This means that you cannot set a price BELOW the COST of the product and have it sold by My Three Sisters Publishing. You MAY set the price below cost and order units for your personal use. Note that your COST to purchase product is NOT influenced by your RETAIL price. Please reference your Sales Payments and Retail Pricing Agreement.

 

Minimum pricing criteria are subject to change at any time at the discretion of My Three Sisters Publishing as market conditions and costs warrant. My Three Sisters Publishing will recommend a price change to the author when minimum pricing criteria change.

 

AUTHOR UNIT COST

 

As the Author, you may purchase books from us at economical prices. Your unit cost will be a function of the format of your book. Please reference this Author Purchase Price page.

 

WARRANTIES

 

The Author represents and warrants that he or she is the sole author of the Work and is the owner of the copyright to all of its contents; that he or she has not engaged in plagiarism with respect to the Work; that the Work is accurate in all respects, i.e., that if fiction, it represents no real event or person in a way that could be deemed libelous; that if non-fiction, it does not misstate any material fact or omit to state any material fact, the result of which would libel any person or result in a person being placed in a false or damaging light; and that the Work does not infringe upon any statutory or common law right of copyright or privacy of any third party; that he or she is owner of any trademarks and/or trade names associated with the Work; that the Work does not constitute obscenity or hate literature and that the author has the right to enter into this Agreement.

 

YOU OWN ALL RIGHTS TO YOUR WORK

 

The Author acknowledges and agrees that My Three Sisters Publishing acquires no right of ownership to the Work under this Agreement; that My Three Sisters Publishing is a provider of limited services only as governed by the invoices on which you have paid for services (i.e., publishing services, printing, sales and fulfillment, and web site development) and assumes no responsibility for reviewing or correcting the content of the Work.

 

MY THREE SISTERS PUBLISHING IMAGES

 

The author agrees and acknowledges that My Three Sisters Publishing and/or its suppliers continue to own all images provided by us in your published book, whether or not they have been modified. They do not own and do not have the rights to sell these images in any form or with another publication. The author understands they have rights to images in regards to advertising and marketing their works when representing the published works through My Three Sisters Publishing.

 

When incorporating images provided by the author in their published works (i.e., cover and/or interior), the author has full rights and has no limitations in publication use by My Three Sisters Publishing. My Three Sisters Publishing does not and will not own these images in any form.

 

INDEMNITIES

 

The Author agrees to indemnify My Three Sisters Publishing and its employees, shareholders, directors, representatives, successors and assigns of and from all and any manner of claims, liabilities, damages, expenses (including reasonable attorney's fees), awards, and judgments resulting from claims of (i) third parties regarding ownership, libel, slander, plagiarism, privacy, misappropriation, and similar claims arising from publication of the Work; (ii) Author's breach of any warranty in this Agreement. My Three Sisters Publishing agrees to notify the Author promptly of any claim for indemnity under this Agreement. My Three Sisters Publishing may be represented in any proceeding by counsel of its choice; the Author may retain additional counsel at his or her own expense. Any settlement agreement between My Three Sisters Publishing and a third party regarding a claim covered by the indemnity provisions of this Agreement shall be subject to approval of the Author, which approval shall not be unreasonably withheld.

 

TERM AND EXCLUSIVITY

 

This Agreement is nonexclusive (the Author can enter into other agreements with respect to the Work), and either party has the option to terminate the Agreement at any time, with or without cause. If the Agreement is terminated by the Author within the first 30 days following publication, publishing fees will be refunded in full (or applied against any outstanding amounts in the Author's account.) If the Agreement is terminated by My Three Sisters Publishing at any time, all publishing fees will be refunded in full (or applied against any outstanding amounts in the Author's account). For the purposes of this paragraph, publishing fees are defined as those fees directly associated with online, disk, and paper manuscript submission. Fees related to other pre- or post-publication services, such as data entry, composition, and/or corrections or book sales, are not refundable. Fees related to the publication of supplemental printings, and second and later editions of the Work are also not refundable. If the agreement is terminated by My Three Sisters Publishing due to a breach by Author of this Agreement, no fees shall be refunded.

 

The Author retains the copyright for this Work, and no part of this Agreement diminishes the Author's rights to this Work.

 

NOTICES

 

All notices to My Three Sisters Publishing must be sent in writing to its office in Arizona. All notices to the Author shall be in writing to the address specified by the Author.

 

COMPLETE AGREEMENT

 

This written Contract contains the sole and entire Agreement between the parties and shall supercede any and all other prior agreements between the parties. This Agreement may not be modified or amended except in writing signed by the party against whom such modification or amendment is sought to be enforced.

 

LAW AND VENUE

 

The laws of the State of Arizona shall govern this Agreement and this agreement shall be construed in accordance with the laws of the State of Arizona, without recourse to conflicts of law principles. Recognizing the expense, distraction, and uncertainty resulting from litigation of disputes which may arise under this Agreement, the parties have agreed that except as specifically provided herein they shall submit any and all disputes arising in any way under this Agreement to the American Arbitration Association for final disposition in accordance with its rules, provided that the Arbitrator shall have no authority to award punitive damages. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to deprive a party of the right to equitable relief in a court of competent jurisdiction respecting rights to its intellectual property or use there of under this Agreement. Any proceeding under this paragraph shall be brought in the federal or state courts in Arizona. A judgment may be entered in a court of competent jurisdiction based on any award rendered in arbitration or other proceeding conducted by the parties pursuant to this paragraph.

 

If you have any questions or concerns with the terms of this agreement, please contact us.