EBOOK DISTRIBUTION AGREEMENT
This Distribution Agreement “Agreement” is entered between Vic’s Lab, LLC (“Distributor”) and the individual or entity identified in your VicsLab.com member account (“Author”).
Author wishes to distribute on VicsLab.com his/her book (“Work”) uploaded via the form available at vicslab.com/distribute.
Author retains copyright to Work but grants Distributor a license providing nonexclusive rights as described below. Should Distributor add any material in the form of text, graphics, images, etc., Distributor will retain copyright ownership for that material but may grant Author nonexclusive rights to use such material, even if parts of this license expire.
Author grants Distributor a nonexclusive and worldwide license “License” to all rights of copyright in electronic form, including publishing, storing, using, transmitting, distributing, and selling the Work in English on VicsLab.com. This excludes personal, nonpublic uses of the Work and derivative rights.
The License for the Work shall extend until the following conditions are met:
(a) The Work must be available for sale on VicsLab.com for at least 90 days. Author may opt out by contacting Distributor at vicslab.com/contact. VicsLab.com will remove the .pdf file to your book on VicsLab.com but may instead provide a link to your book on another site if available, including but not limited to Amazon.com and affiliates.
(b) Author must give at least thirty (30) days advance written notice transmitted via electronic means.
- Royalty Payments
Author permits distributor to use 100% of net sales of the Work up until $100 toward paid online advertisement of Work on VicsLab.com. Author allows Distributor to sell Work up to 40 percent off or $1 less (whichever is more) than other online retailers to VicsLab.com members. After $100 in net sales, Author may choose whether to apply royalties to marketing or receive 90% royalties from net sales. Net sales are the payments that Distributor actually receives from sales of Work, less any distribution charges, returns, taxes, credit card facilitation charges, and transmission charges. This includes any Paypal fees and $0.15/MB delivery fee.
After the threshold of $100 in net sales has been met, Distributor shall pay Author all royalties earned biannually via PayPal. Royalties earned by the end of June and December will be paid before the end of the next biannual date.
For U.S. citizens, Author must fill out and submit a W-9 form to Distributor (request for taxpayer identification number, such as a social security number) before any payment above will be dispersed. Author is responsible for filling out and submitting to the IRS a 1099-MISC form to report royalty income. For non-U.S. citizens, Author must fill out and submit a W-8BEN form to Distributor before any payment above will be dispersed.
Distributor is considered a distributor of work instead of a publisher and is not obligated to promote the Work. Distributor, at its discretion, may send press releases, ask for reviews, and promote the Work via social media and other websites. Distributor asks Author to voluntarily promote the Work at VicsLab.com and other websites via social interaction and/or writing blog posts. Distributor may offer promotional service packages to author.
- Submission Guidelines
Author shall follow all submissions procedures as reflected on Distributor’s website. There are no upfront costs.
- Manuscript Delivery
Author agrees to deliver the Work to Distributor via the form available at vicslab.com/distribute. The Work is expected to be complete. Distributor is not obligated to edit Work but may edit book’s blurb, or book description. Any website links, profanity, or unacceptable content, as determined by Distributor, may be removed and/or replaced at the sole discretion of Distributor.
Resubmitting the Work with revisions may be allowed every six months. Distributor may deduct $10 from Author royalties for any additional resubmissions. If at least $10 of sales has not been made within the last six months of request, Distributor may charge $10 upfront per resubmission.
- Submission Acceptance
Distributor reserves the right, in its sole discretion, not to accept a submission upon receipt.
Distributor intends to distribute the Work within 30 days upon Author’s submission of the Work. If the book is not distributed within 30 days, the book is considered to be rejected and this agreement is voided.
- Publication Format
Author must ensure book is properly formatted and provided to Distributor as a .pdf file. The retail price must be between 99 cents and $9.99, as determined by Author, and may be changed every three months. Author must give at least thirty (30) days advance written notice transmitted via electronic means. Author agrees to include, near the beginning of the book, a page advertisement that the Distributor will provide for VicsLab.com.
Author must provide book cover artwork and design. Author must have the rights to use and license book cover. The book cover and any other artwork is considered part of the Work and is licensed to Distributor as part of Agreement. Distributor may adjust book cover and art to fit requirements for online retailers. Alternatively, Author may purchase artwork and design from Distributor.
- Author Warranties
Author represents and warrants the following to Distributor:
(a) Author is the sole owner of the Work (this includes manuscript, pictures, images, drawings and any other materials submitted to Distributor) and has the full power, authority and right to enter into this 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 distribution by Distributor, 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) Distributor 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 Distributor is entirely accurate to the best knowledge of Author.
Author agrees to fully indemnify, defend and hold harmless Distributor and its affiliates 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 above, but the Author shall not be liable for any matter inserted in the Work by Distributor or its licensees. All warranties and indemnifications made by the Author herein shall survive termination of this Agreement or any license under this Agreement.
"Affiliates" means 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 Distributor extends its license or warranties to in connection with the production, dissemination, transmission, promotion, publication, or distribution of the Work or the exercise of any rights in the Work or derived from the Work.
- Copyright Infringement
Distributor shall have the right to commence action for copyright infringement based on the rights granted under this Agreement.
- General Provisions
This Agreement shall be governed by the laws of the Virginia in the United States of America, and all parties consent to venue and jurisdiction in the courts of the Danville, VA to adjudicate any and all claims arising out of this Agreement. This Agreement may be modified by Distributor with the consent of Author giving 30 days notice to the Author of the proposed change.
By clicking on the agreement box located at vicslab.com/distribute, Author agrees to all the terms and conditions in this Agreement.