Empire Publishing and Literary Service Bureau Services Agreement
By accepting this agreement you are acknowledging that you understand these terms and agree to follow the process as described below.
Agreement for the Production, Printing, Distribution and Sale of Manuscript
1. AUTHOR RETAINS 100% OF THE RIGHTS AND COPYRIGHT LICENSES to the submitted manuscript and all other material submitted to Empire Publishing, LLC.
2. Author RETAINS ALL RIGHTS to distribute and sell the manuscript in other print and digital formats.
3. Author grants Empire Publishing a NON-EXCLUSIVE, worldwide license to distribute and sell the manuscript in print and/or digital form; author grants Empire Publishing the non-exclusive right to exhibit manuscript in part on websites or promotional materials owned by Empire Publishing; author grants Empire Publishing the non-exclusive right to store and transmit digital versions of manuscript to facilitate production, distribution, and sale of manuscript.
4. Empire Publishing will produce a book version of the manuscript, referred henceforth as “Title.” Author grants Empire Publishing the non-exclusive right to exhibit, print, and distribute any and all related materials submitted in conjunction with Title, which includes, but is not limited to, cover art, interior and exterior images and concepts, author’s photograph, summaries, quotes, testimonials, and author’s biography, and furthermore grants Empire Publishing the right to exhibit Empire Publishing logos or verbiage on any applicable submitted materials.
5. Author grants Empire Publishing the right to outsource publishing of Title to corporate partners for printing and distribution.
Empire Publishing Platinum Publishing Program
The Empire Publishing packages are designed to guide you through your book project, providing you with the necessary services to get published and to maintain your book and website. It is important that you read this agreement.
If you are purchasing a “pay-over-time” package or another monthly recurring service, you are authorizing Empire Publishing to charge your credit card you have provided for the required term of the agreement, as stated on the cart checkout screen. Each month, Empire Publishing will charge your card on the same day of the month as your first payment until the terms have been satisfied.
For the “Platinum Combo-Publishing” package, Empire Publishing will perform the following services, one at a time and typically in this order, as your book is ready for them. If the list of services included in your specific publishing package has been customized or altered, then Empire Publishing will provide the set of tailored services agreed to separately. The other terms of this agreement will apply.
Editing – 1 round of copyediting
Book Jacket/Cover Creation – Premium – including 2 rounds of revision
Premium eBook Formatting and Conversion – eBook – including 3 rounds of revision
Print Formatting – for one trim size – including 3 rounds of revision
Book setup and Distribution Management (includes Amazon, Barnes & Nobel, GooglePlay, Kobo, Apple iBooks, CreateSpace, Bookstores and Online Retailers and distributors such as Ingram and NACSCORP. Libraries and Academic Institutions – your book will be made available through Baker & Taylor to public libraries, elementary and secondary libraries, and libraries at other academic institutions.
All ISBNs will be generated and included for each variation of your book
II. Standalone services
If you purchase individual or other packaged services outside of the Platinum package, you agree to abide by the conditions of this agreement for the specific services you acquired.
III. Conditions that may cause additional money to be owed or parts of the agreement to be refunded
The Platinum package is designed to assist authors to successfully self-publish their book in the majority of cases. Should your book be exceedingly long or require major editing services, or fail to be updated to a point of proceeding, then additional charges and/or cancellation of the agreement may occur. Some examples are:
Your book is not completed and therefore not ready for an edit
You are providing your book in a file format outside of our accepted formats. We accept Microsoft Word, Rich-Text Format (RTF). Formats such as PDF or TXT cannot be used or at the very least will require additional payment to proceed.
The book is exceedingly long (over 650 pages or 160,000 words)
There are external factors, such as copyright issues or rejection by Amazon or other distributors, beyond our control.
IV. Cancellation Policy
You may cancel for any reason within 10 calendar days and the first payment will be refunded in full and the agreement will become null and void.
If you cancel after 10 calendar days but before the completion of the agreed-to term (typically 12 or 24 months), you understand that you will owe Empire Publishing the balance for any unpaid deliverables and services that have been started and/or completed.
You understand that Empire Publishing may retain your deliverables until they have been paid for according to the schedule above. When Empire Publishing has received a total of monthly payments equal to or greater than the value of the deliverables and services above, all associated files will be released to you. You understand that Empire Publishing has the right to collect all monies owed according to this agreement. Should you be more than three months delinquent on payments, you agree to grant Empire Publishing ownership rights to your deliverables provided through services created by Empire Publishing.
V. Shared Responsibilities and Satisfaction Policy
Empire Publishing will perform services in a professional manner and will communicate the service delivery schedule to you in advance of the start of your program. You understand that you will be responsible for timely review and for providing direction as needed to the Empire Publishing team.
You agree to let Empire Publishing place and maintain your completed book on agreed-upon channels, which include, but are not limited to, Amazon.com. Empire Publishing will maintain pricing and other online store data as directed by you.
Should you be dissatisfied with any of the services performed by Empire Publishing, you have 10 days to notify your assigned representative of the issues. Upon notification, Empire Publishing will attempt to remedy the issue. If Empire Publishing cannot remedy the issue then the failed deliverable will be removed from your service package and the agreement price will be recalculated. Alternatively, the entire agreement may be cancelled. Money owed for deliverables that have been satisfactorily completed will still be paid according the cancellation policy in Section II.
VI. Empire Publishing’s Right to Cancel
Empire Publishing maintains the right to cancel your agreement for the following reasons:
Your book is a work of pornography, erotica or other material that Empire Publishing deems inappropriate. Empire Publishing maintains the right to be the sole determinate of this. This will be determined within 10 days of receiving the manuscript and a full refund will be issued.
Empire Publishing determines we cannot satisfy your requirements. Reasons may include, but are not limited to, the following:
Book formatting or printing requirements that cannot be accomplished.
Cover design requirements outside the scope of the agreement (e.g. custom illustrations).
The manuscript is deemed to be of such poor quality that it is not ready for publication.
The manuscript is in a language other than English.
You act in an unprofessional manner with members of the Empire Publishing team.
Any time an agreement is cancelled, Empire Publishing agrees to refund all money paid for which services have not yet been provided. For services that have been provided and products delivered, Empire Publishing will attempt to work out a satisfactory resolution that includes recognition of the value you have received to date and will refund any balance due.
VII. Revisions, Agreements, and Limitations
The Appendix on the next page outlines the limitations of revisions and the review requirements.
VIII. Limitation of Liability
Under no circumstances shall Empire Publishing be responsible for any loss or damage, including personal injury or death, resulting from use of Empire Publishing services.
Empire Publishing will be liable for any indirect, incidental, special or consequential damages arising from Empire Publishing provided services.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to a User, some or all of the above disclaimers, exclusions, or limitations may not apply to such User, and such User may have additional rights.
Services Included and Limitations
Inspects language line by line to correct errors of grammar, spelling, and punctuation
Ensures stylistic consistency
Limit: 140,000-word maximum or 650 pages
$2/page if over 650 pages
Page count is based on a 300-word-page average
Accepted source files, in a workable format:
Manuscript must be sent in ONE file
NOTE: Platinum package projects typically include one round of copyediting. Copyediting addresses major grammatical and structural issues. While edits are thorough, copyediting does not guarantee that all errors are caught and, in fact, additional errors may be introduced once you apply the edits to your manuscript. Therefore, it is advised that you perform a complete proofread after implementing the copyedit changes, or hire Empire Publishing to perform the proofread for you.
Print-ready file compatible with print-on-demand services
A refined, beautifully formatted print layout
Conversion of up to five graphic elements (custom images, graphs, tables, etc.)
Three rounds of revision Accepted source files in a workable format:
Book should be edited and deemed final before Print Layout commences
We will allow up to 20 fixes (typos, grammatical, etc.) per round of revision
Additional charges may apply for a high number of graphic elements (custom images, graphs, tables, etc.)
Revisions beyond three rounds will be subject to an additional charge
Designs that complement your book’s genre and subject
Final book cover files that can be used for both print and ebook
3-D mock-up of your book for promotional use on your website, social media platforms, etc.
Three initial proofs
Additional proof: $100 per draft
Two rounds of revision
Additional round of revision: $100 per round
Back Cover / Spine
Designer will create back cover/spine to match AFTER front cover is approved
2 revisions allowed
A draft – is a pencil sketch, no color
Custom cover designs are individually quoted
All elements in the draft will be what’s included in the final draft – if an element does not exist in the draft, it will NOT be added to the final.
Once the final draft is given, any additional request will require a completely new design and a purchase of a new cover
Properly formatted and converted ebook for popular digital devices
Final files compatible with all online bookstores
Barnes & Noble
Re-flowable layout (NOT fixed)
Conversion of up to FIVE graphic elements (custom images, graphs, tables, etc.)
Three rounds of revision
Accepted source files:
Barnes & Noble
Keep 100% net sales*
* Net sales is the amount paid by the sales channel (Amazon et al.) after their royalty share
ROYALTIES & PRICING
5. AUTHOR RECEIVES 100% OF THE ROYALTIES PROFIT for each wholesale print and /or digital copy sold for which Empire Publishing receives payment. Royalties profit is defined as the difference between the Base Price and the Wholesaler’s Price. Empire Publishing is a Service Bureau; once the services of publishing are complete the author is set up with the proper accounts to accept direct payments of royalties earned from the retail outlets and distributors. At which time, Empire Publishing no longer has access to royalties payable to the author. The author can then have royalties sent to him/her by check or direct deposit into bank account.
6. AUTHOR SETS THEIR OWN RETAIL PRICE to any price ending in .95 cents, provided the Retail Price exceeds the Wholesaler’s Price. The set price by the Wholesaler (manufacturer) will be determined after the final page count is verified. The price set for eBooks are set by the author, and begin at upwards from a .99 cents minimum.
7. Empire Publishing sets the Base Price. The Base Price depends upon the Publishing Package selected, the format of Title, and the total number of interior pages in the final digital file to be printed. Since the final total number of pages of the digital file cannot be known until the final digital file is printed, any Base Prices or Page Counts displayed on the website or communicated via email by the Author or Author Representative are estimates until the book is printed.
8. Wholesale Book Sales are displayed in the Author’s Dashboard on a monthly basis within 60 days following the end of the month in which the Book Sale occurred and constitute all newly printed books sold initially through Amazon, Barnes & Noble, and others, where applicable. Books provided to or sold to the Author or utilized by Empire Publishing for its marketing purposes do not count toward Wholesale Book Sales.
9. Wholesaler pays royalties for a given month’s book earnings at the end of the following month for Amazon.com, Amazon Europe and eStore royalties, as long as you have met the applicable minimum payment threshold per currency. For example, you will be issued royalty payment(s) at the end of March covering royalties earned in February. Royalties earned through Expanded Distribution have a different payment schedule and will be issued within 60 days after the end of the month in which the royalties were earned. Books enrolled in both Amazon.com and Amazon Europe distribution channels will accrue royalties in three different currencies; U.S. dollars (USD), British pounds (GBP) and Euro (EUR). Payments will be issued separately for each currency according to the above schedule, once you meet the minimum threshold per currency. The minimum threshold is $10/€10/£10 for direct deposit and $100/€100/£100 for checks. While royalties accrue in separate currencies, if you select direct deposit as your payment method then payments will be issued in your bank currency beginning 90 days after initial sales.
AUTHOR WARRANTIES & RESPONSIBILITIES
14. Author must possess the technical means and knowledge to submit their manuscript to Empire Publishing and provide the necessary book information (title, synopsis, pricing, etc), as required for production, distribution, and sale.
15. Author represents and warrants that Author is the sole owner of the manuscript and all material submitted in conjunction with Title, including all submitted cover art work, interior images, and photograph(s) of Author(s). Author represents and warrants that Author has full power and authority to enter into this agreement and to provide to Empire Publishing for reproduction and distribution all material submitted. Author represents and warrants that the submission of the manuscript and all other material does not conflict with or violate any arrangement, understanding, or agreement between the Author and any other persons or entities. Furthermore, author represents and warrants that the manuscript and all material submitted in conjunction with Title is entirely original, free of liens, claims, or interests of any kind; is not slanderous, libelous, or defamatory; and does not violate or infringe upon any personal or proprietary rights, including without limitation copyrights, trademarks, privacy rights, or publicity rights of other persons or entities.
16. Author represents and warrants that s/he is eighteen years of age or older. If Author is under the age of 18 years of age, then Author represents and warrants that Author’s parent or legal guardian is executing this Agreement and assuming all liability for the warranties and responsibilities set forth herein.
TERM & TERMINATION
17. This agreement shall remain in effect until terminated by either party as set forth in this Agreement.
18. Author may terminate this Agreement at any time with 30 days prior written notice to Empire Publishing. Upon termination by Author before Author approves production on Title, all submitted fees are refundable minus any applicable fees for which work has already commenced. Upon termination by Author after Author approves production on Title, all submitted fees become non-refundable.
19. Empire Publishing may terminate this Agreement at any time and immediately cease print availability of Title upon any legitimate claim that Title violates the copyright or other legal rights of any person or entity, or upon the discovery by Empire Publishing that Author has violated any of the Warranties or Representations in Section IV above. In such case, all submitted fees become non-refundable and all accrued author Royalties will be paid as set forth in Paragraph 12.
20. Empire Publishing may terminate this Agreement and immediately cease any print availability of Title upon failure of Author to pay any amounts due after 60 days notification by Empire Publishing, or upon failure of Author to respond within 30 days to Empire Publishing’s request for contact from Author. In such cases, all submitted fees become non-refundable and accrued author.
21. Empire Publishing reserves the right to terminate this Agreement during production or after publication if irreconcilable differences between the Author and Empire Publishing prevent Empire Publishing from professionally providing its services, in which case the author will receive a refund of their publishing package fee in the following amount: 100% before publication.
22. Upon termination, all rights granted within this agreement revert back to the author and within 30 days Empire Publishing will cease all print availability of Title and will cancel/remove the digital files of Title from, thus preventing any further printing of Title. However, Empire Publishing is not responsible for the failure of any third-party distribution, retail, or marketing sources to remove Title from listing, display, or sale.
VI. IDEMNIFICATION AND LIMITATION OF LIABILITY
23. Author shall defend, indemnify and hold harmless Empire Publishing, LLC., its parent companies, subsidiaries, and affiliates, and their respective officers, directors, employees, and agents from and against any and all third-party claims, actions, proceedings, damages, and expenses (including reasonable attorneys’ fees and applicable costs of in-house counsel), in connection with a breach or alleged breach of the representations and warranties made in this Agreement. This includes any and all claims of copyright or ownership infringement by publication of Title and all claims for damages caused by the negligence of Author.
24. Author acknowledges that due to the nature of the Internet, digital content may be sold in geographic territories for which neither Author nor Empire Publishing has territorial rights. Author waives any claim for damages against Empire Publishing for sales in territories for which it does not have the right to sell or distribute the digital content.
25. Any delay or failure of Empire Publishing to perform its obligations under this Agreement shall be excused if and to the extent that such delay or failure is caused by an event beyond the reasonable control of Empire Publishing, including without limitation, any act of God, act of terrorism, actions by any government authority, fires, floods, natural disasters, riots, wars, labor problems, failure of or interruptions in telecommunications or data transmission systems, or the inability to obtain materials, labor, equipment or transportation.
26. All services and products provided by Empire Publishing under this agreement are provided on an “as-is” basis. Empire Publishing does not warrant that the service or product provided will be uninterrupted or error free. Empire Publishing disclaims any and all representations and warranties, expressed or implied, including, without limitation, the implied warranties of merchantability, salability, or noninfringement of copyright. Empire Publishing total liability to Author or any third-party for any and all damages shall not exceed in the aggregate the amount of fees actually paid by Author to Empire Publishing during the one month period prior to Empire Publishing’s act giving rise to the liability. To the maximum extent permitted by applicable law, in no event shall Empire Publishing, its parent companies, subsidiaries, or affiliates, or any of their respective officers, directors, employees, or agents by liable for punitive, consequential, incidental, exemplary, indirect, or special damages, including without limitation damages for loss of profits, revenues, business data, or other intangibles, whether or not such damages were foreseeable and even if Empire Publishing had been advised of the possibility or likelihood of such damages.
27. All warranties and indemnifications made by Author herein shall survive termination of this Agreement and any license granted hereunder.
28. This Agreement shall be governed exclusively by and construed according to the laws of the State of California, without giving effect to conflicts of law principles. Any legal action related to the terms of or obligations arising under this Agreement shall be brought in the District Court of Los Angeles, State of California.
By indicating your acceptance of this Agreement, you, as the Author, agree to be bound by the terms and conditions of the Empire Publishing Agreement for the Production, Printing, Distribution and Sale of Manuscript.