Step 1: Author's Contract and Agreement Author's Contract and Agreement with Email Expressions, LLC Last Revised on June 26, 2009 E-mail Expressions, LLC (also known as Self-Healing Expressions) provides publishing and marketing services (hereinafter "the Company's Program") for self-published authors who write about healing and holistic themes. The company maintains the web site www.HealingeBooks.com, an online catalog and shopping cart where authors can list and sell their digital content to the consumer. This Agreement (hereinafter "Agreement") is entered into between E-mail Expressions, LLC, (hereinafter "Company"), and the Author or authorized legal representative (herein after "Author"), in regards to their digital content (hereinafter "Work"). This Agreement shall be considered legal and binding in all countries. It is executed in a spirit of love and mutual respect and integrity. RIGHTS GRANTED TO COMPANY 1. The Author hereby grants to the Company the non-exclusive right to electronically market and sell the Work in digital format, including, but not limited to: e-books, podcasts, CD ROM, DVDs, and any and all other computer and computer related or digital based storage medium, known and unknown. The Company asserts no copyright claims to the Work. ROYALTY PAYMENTS: TERMS AND CONDITIONS 2. In consideration and compensation for the Rights Granted to Company in item (1) above, the Company hereby agrees to pay the Author a royalty as set forth below: For rights to electronically marketed, sell and distribute pursuant to paragraph (1), Fifty percent (50%) of net receipts (after refunds or credits for rejection of merchandise are calculated) on Work(s) accepted by Company. 3. The Company shall pay royalties within 50 (fifty) days of the Work's sale. Royalties are only paid on sales deemed final. Royalty checks are mailed on or around the 19th of each month when royalties are accumulated. Royalty payments are paid in US dollars by check drawn upon a US Bank. This payment is for the previous month's royalties. Company may handle said refunds or credits in subsequent months. 4. The Company observes standard holidays recognized in the United States. 5. Author will receive an email notice upon each sale. 6. If the Author believes the Company's sales and fulfillment system is in error, they are encouraged to ask for clarification from the Company. If the Author is dissatisfied with the response, the Author may order an audit of the system by a third party. However, if the Author requests an audit, the Author agrees to pay all costs associated with said audit. 7. In the event that the Author offers two or more Works through the Company, royalties from all such Works may be combined for the purpose of calculating amounts due the Author. 8. In accordance with the United States federal tax law, the Company requires and keeps on file a W-9 Tax Form for Authors who are Unites States citizens. The Company will only list and promote the Work(s) after this form has been received by the Company. CONTACT INFORMATION 9. E-mail is the primary mode of communication between the Company and Author. All notices and other communications under this Agreement shall be in writing and shall be sent to the party to receive such notice at its e-mail address set forth in this Agreement. The Author must maintain a valid e-mail address in order to work with the Company. The Author is responsible for keeping the Company current on any and all e-mail address and mailing address changes. The Company may terminate an author's contract without notice if the author does not respond to the Company's communications sent to the e-mail contact as provided or properly updated. 10. If an Author uses an e-mail service that uses Spam filters for incoming e-mail, this may create communication difficulties for the Company and the Author. The Author is responsible to add the Company's e-mail addresses to their address book or take necessary steps to ensure Company e-mails are not blocked by their Spam filters. The Author is also encouraged to provide the Company with at least two e-mail addresses from different services to allow for alternative means of communication. 11. Every effort is made by the Company to responds to ALL Author e-mails. If the Author is not receiving communications from the Company via e-mail, a facsimile is to be sent to 215-860-5744 and/or send Company an alternative e-mail address where the Company may reach you. The Company will attempt to re-send copies of missed e-mails to alternative address provided. 12. The Company's contact information follows: E-mail: contact@selfhealingexpressions.com; info@selfhealingexpressions.com E-mail Expressions, LLC 605 Swamp Road Newtown, PA 18940 USA Fax: 215-860-5744 (Additional contact information may be provided upon acceptance and participation in the Company's Program.) WORK SUBMITTED 13. Author hereby certifies that the language and contents of Work are not plagiarized from any other source, and do not misrepresentation of facts, breach privacy, libel or slander any other party. Author assumes full responsibility for any damages resulting from claims to the contrary. The Author shall indemnify the Company for all damages, costs and expenses, including attorneys' fees, incurred by Company as a result of said infringement. 14. Author hereby certifies that the Work is currently not in the public domain and that the Author is the sole copyright holder and owner of the work, with full authority to enter into this Agreement. The Author certifies that for Work(s) previously published in whole or in part, that Author currently holds all copyrights and licenses to the Work and is legally permitted to enter into this Agreement. 15. Author agrees to submit Work in accordance with Company specifications. 16. Liability of the Company. The Author agrees that the Company shall not have any liability (in tort or otherwise) for any lost profits or other consequential damages sustained by the Author as a result of any action taken or omitted by the Company or any of its officers, agents, or employees in connection with the administration or enforcement of this Agreement, unless such action was taken or omitted as a result of gross negligence or willful misconduct of the Company. FORMAT OF WORK 17. Customers receive Works in electronic format as digital files. While the Company has taken steps, where possible, to protect the Author's Work from unauthorized duplication, the Author acknowledges that because of the digital nature of these files, it may be possible for a customer to replicate and distribute illegally upon purchase and this is outside of the control of the Company. The Author agrees not to hold the Company liable if such a situation should occur. 18. The Company shall be entitled to develop, alter, edit, and proof content; adjust formatting, capitalization, punctuation, and spelling of the Work to conform to the Company's style, format, and intended audience. The Company does not have the right to change the intended meaning or message contained in the Work. To that end, the Company shall provide the Author with several opportunities to review and approve or reject such edits to Work prior to electronic publication and distribution of Work. The Author shall approve each edited version of Work within seven days unless otherwise agreed upon. 19. The Company shall be entitled to add appropriate and relevant photographs, cover art, and graphics to Work to enhance its look and appeal to audience. The Author can request alternative photos or graphic if it does not like what was selected for the Work. The Company is open to Author's suggestions for cover art and photos for Work. 20. An International Standard Book Number (ISBN) is not required for Works in electronic format so the company makes no efforts to set this up for Author. RIGHTS TO WORK The Company provides publishing service to Authors. It is not a publisher and retains no exclusive rights to the Author's work. 21. Self-published authors are their own publishers and are free to list and sell their Works elsewhere. However, in return for the Company providing time, effort and expense of editing, formatting, developing and promoting the Author's Work(s), the Author agrees to notify Company in writing when the Author lists and sells the same Work(s) elsewhere. The Author agrees not to sell the work for a lower list price than the Company's list price. 22. While the Author is entitled to use the content copy from their Work elsewhere, if the cover design and graphics are created, selected and/or purchased by the Company for the Work, written permission is required to use elsewhere. SERVICE PROVIDED BY THE COMPANY 23. The Company, at its discretion, provides services to support the Author in the online publishing and sale of the Work. These services may include: A. Product Development: The Company may assist in the development of the Work by editing or proofreading, adding graphics, and formatting submitted Work. The Company prepares Work for download by customer (e.g., converts Work to a PDF file). However, the Company requires that Work be submitted in reasonable condition in order to develop it in a timely fashion. Work submitted must be proofread, grammatically sound, well formatted, and spell checked prior to submission. The Company can provide feedback as to the acceptable or unacceptable condition of Work upon submission. B. Promotion: Author's Work is made available to the consumer through the web site www.HealingeBooks.com and the larger sister web site www.SelfHealingExpressions.com, the Company's monthly e-zine(s), blog(s), and future sites the Company may create. The Company also uses pay per click advertising and numerous other online marketing efforts. C. Order Fulfillment: The Company is responsible for processing the customer's payment and delivering the Work in the format the customer requests. D. Customer Service: The Company is responsible for handling customer inquiries. E. Royalties: The Company calculates and distributes the Author's royalty checks for sales deemed final on a monthly basis. PROMOTIONAL ACTIVITY OF THE COMPANY 24. The Company shall have the right to use the Author's name or pen name, headshot photo, and biographical material for the purpose of advertising and promoting the Work. 25. The company may, at its sole discretion, distribute excerpts of the Author's Work to print, broadcast, and electronic publications or to the general public for marketing purposes. 26. The Company may, at its sole discretion, distribute a complimentary copy of the Work in part or in full to reviewers or colleagues for reviews or testimonials about the Work. These reviews or testimonials are often used to aid in promoting the Work. 27. Occasionally, the Company may distribute a complimentary copy of the Work in part or in full for recruitment effort of new Author's; strategic partnering efforts, charity events or cases, or general promotional efforts. The Author is generally informed of such activities. 28. The Company partners with like theme sites for various online promotional efforts including but not limited to: co-op mailings, e-zine ad exchanges, link exchanges, article exchanges, book campaigns with bonus gift offers, etc. PRICING OF WORKS & BUNDLING OF WORKS 29. The Company sets the price for the Author's Work(s) although the Author is welcomed to provide input and suggestions on the amount of each Work's price. 30. The Company may "bundle" together two or more Works by a given Author and price accordingly to encourage sale of the Author's Work. 31. The Company may "bundle" together the Author's Work with various "bonus gifts" created by other authors for promotional purposes. Bonus gifts are generally selected base on relevance to the Author's Work. The other (bonus gifts) authors in the scenario gain exposure. The bonus gifts also add value and incentive for customers to purchase. The Company will inform the Author of bonus gift offers selected to be bundled with their Work in advance and Author may reject a particular bonus gift and/or suggest alternative bonus gifts. TERMINATION OF AGREEMENT 32. There are no time limitations imposed by this agreement and it may be terminated by either party, for any reason, upon receipt of e-mail by the other party, with or without cause. CONFIDENTIAL IINFORMATION 33. During the course of this contract and beyond, the Author may receive information relating to the Company and related entities that is Confidential Information. Confidential Information includes, without limitation, any and all information and expertise in the possession of the Company including, but not limited to certain data, database access, passwords, customer details, formulas, templates, marketing research, demographic research, and trade secrets that the Company uses in the operation of its business. The Author agrees that: A. All Confidential Information remains the exclusive property of the Company; B. The Author shall use Confidential Information only in pursuance of the Author's business relationship with the Company; and C. Author shall not disclose Confidential Information to any individual, company, or other third party. ENTIRE AGREEMENT AND NOTICE 34. The Company reserves the right to amend any of the terms and conditions contained in this Agreement at any time and solely at its discretion. Such changes shall be effective upon posting of the amendments on the Company's web site; author shall be notified by email of changes. The Author is responsible for reviewing the notice and any applicable changes. The Company shall make every effort to inform the Author about Agreement modifications, but the Company cannot be held responsible for electronic transmission problems that prevent contact with Author. The Author's continued participation in the Company's Program after the posting of such changes will constitute the Author's acceptance of such amendments. If the author does not agree to any modification to this Agreement, the Author must terminate this Agreement. GOVERNING LAW AND LOCATION OF DISPUTE RESOLUTION 35. This Agreement will be governed by and construed in accordance with the laws of the United States of America and the state of Pennsylvania. 36. The parties hereto shall make a reasonable attempt to settle any dispute, controversy, or difference, (collectively, the "Dispute"), which may arise concerning this Agreement or the breach thereof, by friendly discussions. If and when a Dispute is not settled by such means, then the Dispute shall be settled by (a) an alternative dispute resolution mechanisms agreed upon by the parties, or failing this, by (b) arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The parties agree to be bound by any decision issued as a result of arbitration and that any award issued pursuant to such decision may be enforced by any court of competent jurisdiction. The place of arbitration shall be Bucks County, PA, as agreed and bargained for by and amongst the parties hereto. I HAVE READ AND UNDERSTAND THE AGREEMENT BETWEEN MYSELF AND THE COMPANY AND AGREE TO ALL TERMS AND CONDITIONS LISTED HEREIN. Bold items required. Date Author's Legal Name Author's Pen Name Corporate Name/Company if applicable Primary Email Address Alternative Email Address Mailing Address Working Title of Work(s) to be submitted: 1) 2) 3) 4) Submit Agreement and continue on to Step 2: Online Application. Author must also submit this online application prior to sending their Work(s) for review. Description of main eBook: Outline of Topics to be covered in this book, or Table of Contents:
E-mail Expressions, LLC (also known as Self-Healing Expressions) provides publishing and marketing services (hereinafter "the Company's Program") for self-published authors who write about healing and holistic themes. The company maintains the web site www.HealingeBooks.com, an online catalog and shopping cart where authors can list and sell their digital content to the consumer.
This Agreement (hereinafter "Agreement") is entered into between E-mail Expressions, LLC, (hereinafter "Company"), and the Author or authorized legal representative (herein after "Author"), in regards to their digital content (hereinafter "Work"). This Agreement shall be considered legal and binding in all countries. It is executed in a spirit of love and mutual respect and integrity.
RIGHTS GRANTED TO COMPANY
1. The Author hereby grants to the Company the non-exclusive right to electronically market and sell the Work in digital format, including, but not limited to: e-books, podcasts, CD ROM, DVDs, and any and all other computer and computer related or digital based storage medium, known and unknown. The Company asserts no copyright claims to the Work.
2. In consideration and compensation for the Rights Granted to Company in item (1) above, the Company hereby agrees to pay the Author a royalty as set forth below: For rights to electronically marketed, sell and distribute pursuant to paragraph (1), Fifty percent (50%) of net receipts (after refunds or credits for rejection of merchandise are calculated) on Work(s) accepted by Company. 3. The Company shall pay royalties within 50 (fifty) days of the Work's sale. Royalties are only paid on sales deemed final. Royalty checks are mailed on or around the 19th of each month when royalties are accumulated. Royalty payments are paid in US dollars by check drawn upon a US Bank. This payment is for the previous month's royalties. Company may handle said refunds or credits in subsequent months. 4. The Company observes standard holidays recognized in the United States. 5. Author will receive an email notice upon each sale. 6. If the Author believes the Company's sales and fulfillment system is in error, they are encouraged to ask for clarification from the Company. If the Author is dissatisfied with the response, the Author may order an audit of the system by a third party. However, if the Author requests an audit, the Author agrees to pay all costs associated with said audit. 7. In the event that the Author offers two or more Works through the Company, royalties from all such Works may be combined for the purpose of calculating amounts due the Author. 8. In accordance with the United States federal tax law, the Company requires and keeps on file a W-9 Tax Form for Authors who are Unites States citizens. The Company will only list and promote the Work(s) after this form has been received by the Company.
For rights to electronically marketed, sell and distribute pursuant to paragraph (1), Fifty percent (50%) of net receipts (after refunds or credits for rejection of merchandise are calculated) on Work(s) accepted by Company.
9. E-mail is the primary mode of communication between the Company and Author. All notices and other communications under this Agreement shall be in writing and shall be sent to the party to receive such notice at its e-mail address set forth in this Agreement. The Author must maintain a valid e-mail address in order to work with the Company. The Author is responsible for keeping the Company current on any and all e-mail address and mailing address changes. The Company may terminate an author's contract without notice if the author does not respond to the Company's communications sent to the e-mail contact as provided or properly updated. 10. If an Author uses an e-mail service that uses Spam filters for incoming e-mail, this may create communication difficulties for the Company and the Author. The Author is responsible to add the Company's e-mail addresses to their address book or take necessary steps to ensure Company e-mails are not blocked by their Spam filters. The Author is also encouraged to provide the Company with at least two e-mail addresses from different services to allow for alternative means of communication. 11. Every effort is made by the Company to responds to ALL Author e-mails. If the Author is not receiving communications from the Company via e-mail, a facsimile is to be sent to 215-860-5744 and/or send Company an alternative e-mail address where the Company may reach you. The Company will attempt to re-send copies of missed e-mails to alternative address provided. 12. The Company's contact information follows: E-mail: contact@selfhealingexpressions.com; info@selfhealingexpressions.com E-mail Expressions, LLC 605 Swamp Road Newtown, PA 18940 USA Fax: 215-860-5744 (Additional contact information may be provided upon acceptance and participation in the Company's Program.)
13. Author hereby certifies that the language and contents of Work are not plagiarized from any other source, and do not misrepresentation of facts, breach privacy, libel or slander any other party. Author assumes full responsibility for any damages resulting from claims to the contrary. The Author shall indemnify the Company for all damages, costs and expenses, including attorneys' fees, incurred by Company as a result of said infringement. 14. Author hereby certifies that the Work is currently not in the public domain and that the Author is the sole copyright holder and owner of the work, with full authority to enter into this Agreement. The Author certifies that for Work(s) previously published in whole or in part, that Author currently holds all copyrights and licenses to the Work and is legally permitted to enter into this Agreement. 15. Author agrees to submit Work in accordance with Company specifications. 16. Liability of the Company. The Author agrees that the Company shall not have any liability (in tort or otherwise) for any lost profits or other consequential damages sustained by the Author as a result of any action taken or omitted by the Company or any of its officers, agents, or employees in connection with the administration or enforcement of this Agreement, unless such action was taken or omitted as a result of gross negligence or willful misconduct of the Company.
17. Customers receive Works in electronic format as digital files. While the Company has taken steps, where possible, to protect the Author's Work from unauthorized duplication, the Author acknowledges that because of the digital nature of these files, it may be possible for a customer to replicate and distribute illegally upon purchase and this is outside of the control of the Company. The Author agrees not to hold the Company liable if such a situation should occur. 18. The Company shall be entitled to develop, alter, edit, and proof content; adjust formatting, capitalization, punctuation, and spelling of the Work to conform to the Company's style, format, and intended audience. The Company does not have the right to change the intended meaning or message contained in the Work. To that end, the Company shall provide the Author with several opportunities to review and approve or reject such edits to Work prior to electronic publication and distribution of Work. The Author shall approve each edited version of Work within seven days unless otherwise agreed upon. 19. The Company shall be entitled to add appropriate and relevant photographs, cover art, and graphics to Work to enhance its look and appeal to audience. The Author can request alternative photos or graphic if it does not like what was selected for the Work. The Company is open to Author's suggestions for cover art and photos for Work. 20. An International Standard Book Number (ISBN) is not required for Works in electronic format so the company makes no efforts to set this up for Author.
21. Self-published authors are their own publishers and are free to list and sell their Works elsewhere. However, in return for the Company providing time, effort and expense of editing, formatting, developing and promoting the Author's Work(s), the Author agrees to notify Company in writing when the Author lists and sells the same Work(s) elsewhere. The Author agrees not to sell the work for a lower list price than the Company's list price. 22. While the Author is entitled to use the content copy from their Work elsewhere, if the cover design and graphics are created, selected and/or purchased by the Company for the Work, written permission is required to use elsewhere.
23. The Company, at its discretion, provides services to support the Author in the online publishing and sale of the Work. These services may include: A. Product Development: The Company may assist in the development of the Work by editing or proofreading, adding graphics, and formatting submitted Work. The Company prepares Work for download by customer (e.g., converts Work to a PDF file). However, the Company requires that Work be submitted in reasonable condition in order to develop it in a timely fashion. Work submitted must be proofread, grammatically sound, well formatted, and spell checked prior to submission. The Company can provide feedback as to the acceptable or unacceptable condition of Work upon submission. B. Promotion: Author's Work is made available to the consumer through the web site www.HealingeBooks.com and the larger sister web site www.SelfHealingExpressions.com, the Company's monthly e-zine(s), blog(s), and future sites the Company may create. The Company also uses pay per click advertising and numerous other online marketing efforts. C. Order Fulfillment: The Company is responsible for processing the customer's payment and delivering the Work in the format the customer requests. D. Customer Service: The Company is responsible for handling customer inquiries. E. Royalties: The Company calculates and distributes the Author's royalty checks for sales deemed final on a monthly basis.
24. The Company shall have the right to use the Author's name or pen name, headshot photo, and biographical material for the purpose of advertising and promoting the Work. 25. The company may, at its sole discretion, distribute excerpts of the Author's Work to print, broadcast, and electronic publications or to the general public for marketing purposes. 26. The Company may, at its sole discretion, distribute a complimentary copy of the Work in part or in full to reviewers or colleagues for reviews or testimonials about the Work. These reviews or testimonials are often used to aid in promoting the Work. 27. Occasionally, the Company may distribute a complimentary copy of the Work in part or in full for recruitment effort of new Author's; strategic partnering efforts, charity events or cases, or general promotional efforts. The Author is generally informed of such activities. 28. The Company partners with like theme sites for various online promotional efforts including but not limited to: co-op mailings, e-zine ad exchanges, link exchanges, article exchanges, book campaigns with bonus gift offers, etc.
29. The Company sets the price for the Author's Work(s) although the Author is welcomed to provide input and suggestions on the amount of each Work's price. 30. The Company may "bundle" together two or more Works by a given Author and price accordingly to encourage sale of the Author's Work. 31. The Company may "bundle" together the Author's Work with various "bonus gifts" created by other authors for promotional purposes. Bonus gifts are generally selected base on relevance to the Author's Work. The other (bonus gifts) authors in the scenario gain exposure. The bonus gifts also add value and incentive for customers to purchase. The Company will inform the Author of bonus gift offers selected to be bundled with their Work in advance and Author may reject a particular bonus gift and/or suggest alternative bonus gifts.
32. There are no time limitations imposed by this agreement and it may be terminated by either party, for any reason, upon receipt of e-mail by the other party, with or without cause.
33. During the course of this contract and beyond, the Author may receive information relating to the Company and related entities that is Confidential Information. Confidential Information includes, without limitation, any and all information and expertise in the possession of the Company including, but not limited to certain data, database access, passwords, customer details, formulas, templates, marketing research, demographic research, and trade secrets that the Company uses in the operation of its business. The Author agrees that: A. All Confidential Information remains the exclusive property of the Company; B. The Author shall use Confidential Information only in pursuance of the Author's business relationship with the Company; and C. Author shall not disclose Confidential Information to any individual, company, or other third party.
A. All Confidential Information remains the exclusive property of the Company; B. The Author shall use Confidential Information only in pursuance of the Author's business relationship with the Company; and C. Author shall not disclose Confidential Information to any individual, company, or other third party.
34. The Company reserves the right to amend any of the terms and conditions contained in this Agreement at any time and solely at its discretion. Such changes shall be effective upon posting of the amendments on the Company's web site; author shall be notified by email of changes. The Author is responsible for reviewing the notice and any applicable changes. The Company shall make every effort to inform the Author about Agreement modifications, but the Company cannot be held responsible for electronic transmission problems that prevent contact with Author. The Author's continued participation in the Company's Program after the posting of such changes will constitute the Author's acceptance of such amendments. If the author does not agree to any modification to this Agreement, the Author must terminate this Agreement.
35. This Agreement will be governed by and construed in accordance with the laws of the United States of America and the state of Pennsylvania. 36. The parties hereto shall make a reasonable attempt to settle any dispute, controversy, or difference, (collectively, the "Dispute"), which may arise concerning this Agreement or the breach thereof, by friendly discussions. If and when a Dispute is not settled by such means, then the Dispute shall be settled by (a) an alternative dispute resolution mechanisms agreed upon by the parties, or failing this, by (b) arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The parties agree to be bound by any decision issued as a result of arbitration and that any award issued pursuant to such decision may be enforced by any court of competent jurisdiction. The place of arbitration shall be Bucks County, PA, as agreed and bargained for by and amongst the parties hereto. I HAVE READ AND UNDERSTAND THE AGREEMENT BETWEEN MYSELF AND THE COMPANY AND AGREE TO ALL TERMS AND CONDITIONS LISTED HEREIN. Bold items required. Date Author's Legal Name Author's Pen Name Corporate Name/Company if applicable Primary Email Address Alternative Email Address Mailing Address Working Title of Work(s) to be submitted: 1) 2) 3) 4) Submit Agreement and continue on to Step 2: Online Application. Author must also submit this online application prior to sending their Work(s) for review. Description of main eBook: Outline of Topics to be covered in this book, or Table of Contents:
I HAVE READ AND UNDERSTAND THE AGREEMENT BETWEEN MYSELF AND THE COMPANY AND AGREE TO ALL TERMS AND CONDITIONS LISTED HEREIN.
