Sample Contract
HYPERTECH MEDIA, INC. CONTRACT
This contract is made on [ ], between, (1) HYPERTECH MEDIA, INC., A DELAWARE COMPANY and (2) [ ]
DEFINITIONS
1.1 The Company means HYPERTECH MEDIA, INC.
1.2 The Author means [ ] OR The Agent means [ ] or "The Publisher"
means [ ]
1.3 The Site means the Internet Website known as HYPERTECH
MEDIA, located at http://www.HyperTechMedia.com.
1.4 The Manuscript(s) means the book(s) entitled [INSERT NAME(S)]
RIGHTS AND DUTIES OF THE COMPANY
1 The Company shall have sole electronic rights to publish The
Manuscript(s) on The Site and on any third party site with whom
it has a written agreement.
2 The Company shall make available copies of The Manuscript(s)
available to users of The Site at the price of [INSERT PRICE]
per copy.
3 The Company shall pay The Author or The Agent or The Publisher
30% of all monies received by HyperTech Media, Inc. from sales
of The Manuscript(s) made through The Site or sales made through
any third party site.
4 The Company shall maintain The Manuscript(s) at the Site for
[INSERT PERIOD], subject to the provisions of this contract.
5 Subject to the agreed period in 4 above and upon receipt of
a written request from The Author, The Agent or The Publisher
The Company shall remove the Manuscript(s) from The Site and any
third part sites with whom it has an agreement at the earliest,
practical opportunity, but no later than 7 working days from the
receipt of the request.
6 The Company shall pay all monies owed from the sales of The
Manuscript(s) made through The Site not later than 1 calendar
month after receipt of said monies by The Company.
7 Upon receipt of a written request from the Author or The Agent
or The Publisher, The Company shall provide proof of all monies
received from sales of The Manuscript(s).
8 Upon receipt of a written request from the Author or The Agent
or The Publisher, The Company shall provide a record of all Websites
that purchase a copy of The Manuscript(s).
9 The Company reserves the right to deduct any outstanding fees
due to The Company from any monies owed by The Company to The
Author or The Agent or The Publisher.
10 The Company shall not claim any Intellectual Property Rights
whatsoever regarding The Manuscript(s).
11 The Company reserves the right to refuse or withdraw publication
of The Manuscript(s) for any reason whatsoever, and without prior
notice.
12 The Company reserves the right to suspend publication of the
Manuscript(s) without prior notice, for any reason whatsoever,
pending a review of the content of The Manuscript(s).
13 The Company reserves the right to veto any proposed changes
to the content of The Manuscript(s) for any reason whatsoever.
14 The Company reserves the right to delete without notice any
unauthorised changes made to the Manuscript(s) by The Author,
or anyone acting on behalf of The Author.
15 The Company shall not be liable in any dispute arising between
The Author or The Agent or The Publisher and any user of the Site.
RIGHTS AND DUTIES OF THE AUTHOR or AGENT or PUBLISHER
1 The Author or The Agent or The Publisher grants HyperTech Media,
Inc. the sole rights of distribution to any digital electronic
copies of the Manuscript offered for sale either wholesale to
third party sites or retail whilst the manuscript remains on the
site or any third party site with whom The Company has an agreement.
2 The Author or The Agent or The Publisher agrees that The Company
shall bear no liability whatsoever for any breach of The Author's
Intellectual Property Rights arising from The Author's use of
The Site, excepting any breach of Clause 10 above.
3 Prior to publication, The Author or The Agent or The Publisher
agrees to notify The Company of any content of the Manuscript(s),
which may give rise to legal proceedings being brought against
the Company.
4 The Author or The Agent or The Publisher warrants that they
own the sole Intellectual Property Rights vesting in The Manuscript(s),
and that no other legal person has a prior claim to the Intellectual
Property Rights vesting in
The Manuscript(s).
5 The Author or The Agent or The Publisher warrants that they
are solely entitled to publish The Manuscript, and that no other
legal person has a prior claim to the publishing rights.
6 After publication on The Site, the Author or The Agent or The
Publisher agrees to give written notice of 14 working days of
any changes to be made to The Manuscript(s).
6.1 The Author or The Agent or The Publisher agrees to enclose
a copy of any changes with their written notice of said changes.
7 The Author or The Agent or The Publisher agrees to bear sole
responsibility for any legal claims arising from the publication
of the Manuscript(s).
8 The Author or The Agent or The Publisher agrees to notify The
Company at the earliest practical time, but no later than 14 days
after the event, of any change of ownership of Intellectual Property
Rights vesting in The Manuscript(s).
9 The Author or The Agent or The Publisher agrees to notify the
Company at the earliest practical time, but no later than 14 days
after the event, of any change of status regarding ownership of
the rights to publish the Manuscript(s).
10 Unless altered by prior agreement, The Author or The Agent
or The Publisher agrees to provide all materials for publication
in a digital, electronically stored format that is compatible
with The Company's own software, details of which will have already
been given.
11 In the event of a dispute between The Author or The Agent or
The Publisher and The Company, The Author or The Agent or The
Publisher agrees to attempt to resolve the dispute by seeking
Alternative Dispute Resolution prior to taking any legal action
in The Courts.
12 The Author or The Agent or The Publisher agrees to abide by
any decision given by Alternative Dispute Resolution.
I have read and understood the above conditions, and agree to abide by them:
Signed:_______________________________Date_________For The Company
Signed:_______________________________Date_________For The
Author or The Agent or The Publisher
e-mail: submissions@www.hypertechmedia.com
http://www.HyperTechMedia.com
© 2000 HyperTech Media, Inc. All rights reserved.