PUBLISHING TERMS AND CONDITIONS

PART ONE

Delivery and Approval
a)      The Proprietor has delivered the Work in Microsoft Word format to the Publisher for approval for publication.
b)     The Work shall be published in paperback format (Proprietor may request other formats) and may be distributed by compact disc, World Wide Web, or similar electronic media. It shall comply with the description and with the agreed form, content and style as a result of which this agreement was entered into.
c)      The Publisher shall not amend or otherwise alter the Work (other than changes made to conform to the Publisher’s house style  and the book format) without consulting the Proprietor.

Grant of Rights
d)     The Proprietor grants the Publisher the non-exclusive licence to produce, publish and reproduce the Work, and furthermore grants to the Publisher the right to license the production, publication and reproduction of the Work or any adaptation or abridgement of it, in all editions and forms throughout the world.
e)      The Publisher shall have the sole right to negotiate on sales and licensing in all respects and territories as they might pertain to TV, cinema or radio adaptations of the Work or elements of it. Proceeds from such negotiations shall be divided equally between the Publisher and Proprietor after the deduction of costs and expenses incurred by the Publisher in such negotiations.

Correction of Proofs
f)      The Proprietor shall read, check and approve proofs of the Work and agree that it is worthy of publication. The Publisher is therefore not liable for any errors in spelling or grammar or syntax. The Publisher shall provide Electronic Proof to the Proprietor for approval.

Warranties and Indemnities
g)     The Proprietor warrants to the Publisher and their licensees:
(i)     that they have full power to make this agreement, and that any rights previously licensed in any form in the exclusive territories covered by this agreement have lapsed, and that the Work is in no way whatever an infringement of any existing copyright or licence;
(ii)   that the Work contains no defamatory or otherwise unlawful matter, or any material in breach of Official Acts or any matter which invades any individual’s rights of privacy;
(iii)  that the Work contains no obscene, blasphemous or improper material;

Death, Illness or Incapacity of Proprietor
h)     In the event of the death, illness or incapacity of the Proprietor, if, in the opinion of the Publisher, sufficient material exists for the Work to be published, publication shall proceed. Should insufficient material exist for the completion of the Work, this agreement shall be terminated.

PART TWO
Publication
a)    The Publisher, on delivery and approval of the complete Work as described in Part I, shall at their own risk and with due diligence and subject to the terms set out in this agreement publish the Work within 2-4 weeks of delivery and approval of the Work unless prevented by circumstances beyond their control.
b)  The production, publication, promotion and advertising of the Work shall be the Publisher’s responsibility and the Publisher reserves the right to make the final decision on all such matters.
c)   The Publisher may reproduce, and distribute, and sell the Work, in whole or in part, in accordance with the rights granted under Section I above, in such tangible and electronic formats as may be in existence now or developed in the future, whether individually or as part of subscription-based electronic database and reference products.
d)   The Publisher and its agents and distributors may offer copies of the Work for sale in tangible media, including but not limited to microform, print and CD-ROM, as well as in electronic format either individually or as part of its subscription-based electronic database and reference products.

Payments and Royalties
e)     Proprietor shall remit any publishing fees (where applicable) and the optional copyright registration fees as appropriate.
f)      The Proprietor shall buy copies of the book at the production cost, and such purchase shall not accrue any royalties or count towards the number of copies needed to establish a royalty threshold.
g)     The Publishers shall pay royalties of 30% of Net Revenue from sales of the Work. Net Revenue is calculated thus: Sales Price – Production Price = Net Revenue.
h)     The payment of Royalties will begin after the sale of the first 500 copies of the work. Royalties shall be paid in the following month for any month in which royalties accrued reach at least 50.00usd.
i)       When the 500th copy of the work is sold either through the publisher or other sales agents/channels, the proprietor shall be notified in a mail addressed to the most recent address on file.

Loss or damage of material
j)       The Publisher shall take due care of the Work while it is in their possession but shall not be liable for accidental damage or loss of any part of the Work in the absence of negligence on their part.

Copyright Credits and Infringement
k)     Copyright in the Work shall remain the property of the Proprietor, and the Publisher shall print or cause to be printed a copyright notice in compliance with the provisions of the Universal Copyright Convention in every copy of the Work they may publish or license to be published.
l)       The Publisher undertakes that the name of the Proprietor shall appear in every copy of the Work published or licensed by them.
m)   If the Publisher considers that the copyright or any one or more of their exclusive licences in the Work has been infringed, and if the Proprietor after receiving written notice of such infringement from the Publisher refuses or neglects to take adequate proceedings in respect of any infringement, the Publisher may take such steps as they consider necessary for dealing with the matter. If the Publisher desire to take proceedings, they shall be entitled to do so in the joint names of the Publisher and the Proprietor upon indemnifying the Proprietor against any liability for costs and in this event any sums received by way of damages shall belong to the Publisher. If the Proprietor and the Publisher agree to take joint proceedings and agree to share the costs, then if any sum is recovered by way of damages and costs the balance shall be divided equally between the Proprietor and the Publishers after the deduction of any costs incurred.

PART THREE 
Arbitration
n)     If any difference shall arise between the Proprietor and the Publisher touching the meaning of this agreement or the rights and liabilities of the parties thereto, the same shall be referred to the arbitration of two persons (one to be named by each party) or to a mutually agreed umpire in accordance with the provisions of the Law.
Headings
o)     The headings in this agreement shall not affect its interpretation and are for convenience only.
Definition of Parties
p)     The expression ‘the Publisher’ shall include any successors and assigns of Miraclaire Publishing. The expression ‘the Proprietor’ shall include the Proprietor’s executors, administrators, successors and assigns where appropriate.
Laws of Missouri
q)     This agreement shall be deemed to be a contract made in the State of Missouri and shall be construed and applied in all respects in accordance with the law of Missouri and the parties hereto submit and agree to the jurisdiction of the State courts.

I have read the above, and I hereby submit my Manuscript for consideration and publication under these Teams and Conditions.