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Polished Publishing Group (PPG) Publishing Agreement v3.1
Updated on July 11, 2010
1. Parties
This is a Publishing Agreement between the author(s) ("SELF-PUBLISHER") listed at the end of this Agreement and Polished Publishing Group ("PPG") of Calgary, CANADA, for the book title ("TITLE") listed at the end of this Agreement.
This Publishing Agreement, together with the Terms and Conditions listed on PPG's Online Store, constitute the Entire Agreement between SELF-PUBLISHER and PPG with respect to this website: www.polishedpublishinggroup.com. The Entire Agreement supercedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between SELF-PUBLISHER and PPG. No modification of the Entire Agreement shall be in effect unless published by PPG on this website.
2. Services Covered
SELF-PUBLISHER must complete and submit this Publishing Agreement to PPG when purchasing any of the following Self-Publishing Services from PPG's Online Store as either a stand-alone item or in conjunction with other items:
Administrative (POD): Subscribe or Renew POD for 01 Year
Subscribe or Renew POD for 02 Years
ISBN Application
Submit Book Files to POD Partner
Publishing Packages: B/W & Colour Polished Packages #01: up to 100 pages
B/W & Colour Polished Packages #02: 101 to 200 pages
B/W & Colour Polished Packages #03: 201 to 300 pages
It is unnecessary to complete and submit this Publishing Agreement for any other PPG products and/or services purchased separately from the above items, but it may still be necessary to complete a Production Questionnaire. (See Production Questionnaire form at the bottom of this webpage for details.)
3. Commencement of Services
The above Self-Publishing Services will commence upon PPG's receipt of one hundred per cent (100%) prepayment, a completed Publishing Agreement, and a completed Production Questionnaire from SELF-PUBLISHER.
4. License to Publish, Promote, and Sell
(a) In Paperback Format: SELF-PUBLISHER hereby grants to PPG the non-exclusive, worldwide license to publish, promote, and sell TITLE in paperback format, in the English language, on the PPG Online Bookstore and through PPG's POD Partner, Lightning Source Inc. and its Distribution Channels ("LSI") for the purposes of profit. SELF-PUBLISHER also grants to PPG the right to make an author biography and/or back-cover copy and/or excerpts from TITLE viewable on PPG's group of websites and/or through LSI in order to facilitate sales. SELF-PUBLISHER understands that TITLE sales through PPG and LSI cannot be guaranteed.
(b) In e-Book Format: SELF-PUBLISHER hereby grants to PPG the non-exclusive, worldwide license to publish, promote, and sell TITLE in e-book format, in the English language, on the PPG Online Bookstore and through PPG's POD Partner, Lightning Source Inc. and its Distribution Channels ("LSI") for the purposes of profit. SELF-PUBLISHER also grants to PPG the right to make an author biography and/or back-cover copy and/or excerpts from TITLE viewable on PPG's group of websites and/or through LSI in order to facilitate sales. SELF-PUBLISHER understands that TITLE sales through PPG and LSI cannot be guaranteed.
5. Print-on-Demand (POD) and LSI Distribution License
(a) In Paperback Format: SELF-PUBLISHER hereby grants LSI the non-exclusive, worldwide license to promote, print, and distribute TITLE in paperback format, in the English language, to/for its Distribution Channels for the term purchased.
(b) In e-Book Format: SELF-PUBLISHER hereby grants LSI the non-exclusive, worldwide license to promote and distribute TITLE in e-book format, in the English language, to/for its Distribution Channels for the term purchased.
6. Distribution Channels: Individual Practices
SELF-PUBLISHER understands that neither PPG nor LSI determines the individual practices of LSI's wholesalers and retailers. Each wholesaler and retailer maintains the right to determine whether TITLE will show as “in stock” and what portion (if any) of the promotional content PPG supplies will appear on their websites and/or in their marketing materials. Wholesalers and retailers also reserve the right to set their own prices for the products/services they offer.
7. Final Print-Ready File Storage
SELF-PUBLISHER grants to LSI the right to store, use, transmit, and distribute the final print-ready files for TITLE, as required, to facilitate the printing and distribution process. SELF-PUBLISHER also agrees to keep a copy of these final print-ready files and is responsible to supply them to PPG in the event that future modifications are required. SELF-PUBLISHER understands that PPG does not retain copies of these files.
8. Agreement Term
The rights of PPG and LSI, pursuant to Paragraphs 4 and 5 of this Agreement, shall extend for the duration of the LSI POD Distribution License being purchased by SELF-PUBLISHER: either one or two years, based on the corresponding PPG Order/Invoice Number listed below.
The term begins:
(a) For new or revised print-ready book files: on the date SELF-PUBLISHER provides final approval of the print-ready files for TITLE to PPG in writing. SELF-PUBLISHER's written signature is required in this instance and can be sent to PPG via fax or email pursuant to Paragraph 23 of this Agreement. (See bottom of PPG Order/Invoice for PPG's contact details.)
(b) For straight renewals without revisions: on the date SELF-PUBLISHER purchases the LSI POD Distribution License renewal from PPG's Online Store.
9. Agreement Renewal or Termination by SELF-PUBLISHER
PPG will contact SELF-PUBLISHER via email with thirty (30) days notice of the end of the agreement term. SELF-PUBLISHER can renew the Agreement by purchasing an LSI POD Distribution License renewal from PPG's Online Store for an additional one-year term or two-year term before the end of the thirty (30) days notice.
If no LSI POD Distribution License is purchased by the deadline date, which is thirty (30) days from the date of the email notice transmission, the SELF-PUBLISHER's TITLE will be removed from PPG's Online Store, and the rights of PPG and LSI, pursuant to Paragraphs 4 and 5 of this Agreement, will discontinue. In this event, PPG shall pay all accrued royalty income due to SELF-PUBLISHER at the next scheduled payment time pursuant to Paragraph 15 of this Agreement.
If SELF-PUBLISHER wishes to renew an LSI POD Distribution License that was previously discontinued by PPG, it will be necessary for SELF-PUBLISHER to purchase both the license renewal and the file resubmission service (Submit Book Files to POD Partner) from PPG's Online Store . In this instance, SELF-PUBLISHER is responsible to supply TITLE's print-ready files to PPG and will, in turn, be sent a .PDF proof of TITLE's cover and interior for final approval. The new term will begin on the date SELF-PUBLISHER provides final approval of the print-ready files for TITLE to PPG in writing. SELF-PUBLISHER's written signature is required in this instance and can be sent to PPG via fax or email pursuant to Paragraph 23 of this Agreement. (See bottom of PPG Order/Invoice for PPG's contact details.)
10. Agreement Termination by PPG
PPG reserves the right to terminate this Agreement and discontinue publication of TITLE without cause, by giving thirty (30) days advance written notice to SELF-PUBLISHER, at which point the rights of PPG and LSI, pursuant to Paragraphs 4 and 5 of this Agreement, shall discontinue. In this event, PPG shall pay all accrued royalty income due to SELF-PUBLISHER at the next scheduled payment time pursuant to Paragraph 15 of this Agreement.
PPG also reserves the right to terminate this Agreement and discontinue publication of TITLE at any time, effective immediately upon forwarding written notice to SELF-PUBLISHER, if, in PPG's judgment, TITLE may subject PPG to the risk of litigation and/or other adverse commercial consequences. In this event, PPG shall pay all accrued royalty income due to SELF-PUBLISHER at the next scheduled payment time pursuant to Paragraph 15 of this Agreement.
If such notice is given prior to publication of TITLE by PPG, then PPG will refund all amounts paid by SELF-PUBLISHER to PPG, and neither party will have any further obligations to the other except for SELF-PUBLISHER’s warranty and indemnification, pursuant to Paragraphs 21 and 22 of this Agreement.
11. ISBN Numbers & Barcodes
SELF-PUBLISHER must have a Canadian street address in order to receive a Canadian ISBN number from the National Library of Canada, and it is necessary to have a separate ISBN number for each format, binding, and edition of TITLE.
PPG will supply SELF-PUBLISHER's primary (billing) contact information on TITLE's ISBN application form to ensure the ISBN number is linked to the true copyright owner of the book: SELF-PUBLISHER. If any of SELF-PUBLISHER's contact information changes following this application, it is SELF-PUBLISHER's responsibility to notify The National Library of Canada at: phone number 1-613-996-5115; or email address isbn@lac-bac.gc.ca. (It is also SELF-PUBLISHER's responsibility to notify PPG of any such changes.)
The ISBN number for TITLE will appear on both the copyright page and the lower right-hand corner of the back cover. The corresponding bar code will also appear on the back cover.
12. PPG Logos
SELF-PUBLISHER hereby grants PPG the right to print PPG logos on TITLE's back cover, spine, and copyright page and/or on any related promotional materials designed by PPG.
13. Minimum and Suggested Retail Price
A book's retail price is based on many variables from trim size to page count. Therefore, PPG will supply SELF-PUBLISHER with a pricing schedule that contains both the minimum and suggested retail price for TITLE following final approval of TITLE's print-ready files.
SELF-PUBLISHER has the authority to approve the suggested retail price or change it to a different amount. The amount SELF-PUBLISHER chooses must be equal to or greater than the minimum retail price. The price chosen by SELF-PUBLISHER is the suggested retail price that will be listed on the PPG Online Bookstore and provided to LSI.
It is PPG policy to refrain from printing the suggested retail price on book covers: to allow SELF-PUBLISHER the flexibility to offer different pricing at different events; so books being sold in another country can display the pricing in that country's currency; and, because wholesalers/retailers reserve the right to set their own prices for the products/services they offer.
14. Royalties
SELF-PUBLISHER will receive royalties from PPG, in CAD funds, for all sales of TITLE made through the PPG Online Bookstore and LSI. Royalties will be calculated as a percentage of TITLE's retail price as follows:
(a)For trade paperbacks: for wholesale book sales (sold through wholesalers such as Ingram, Baker & Taylor) ten per cent (10%) royalties; for retail book sales (sold through retailers such as Amazon.com, the PPG Online Bookstore, and traditional book stores) twenty per cent (20%) royalties
(b)For digital e-book: for both wholesale and retail book sales: forty per cent (40%) royalties
Royalties will not be paid to SELF-PUBLISHER on copies of TITLE purchased by SELF-PUBLISHER pursuant to Paragraph 16 (SELF-PUBLISHER Book Purchases) of this Agreement.
15. Royalty Payment Schedule and Reporting
PPG shall make two royalty payments per year, to SELF-PUBLISHER, if earned: the first in May; the second in November. PPG will only make royalty payments that are equal to or greater than twenty-five CAD dollars ($25). If the royalty amount due is less than twenty-five CAD dollars ($25), the balance will be held back until the next scheduled payment time. (Exception to rule: upon termination of this Agreement, PPG shall pay all accrued royalty income due to SELF-PUBLISHER, regardless of the amount, at the next scheduled payment time.)
PPG will send out royalty/sales reports to SELF-PUBLISHER twice per year: the first in May; the second in November. These reports will only be sent if there are sales to report. If there were zero (0) book sales for the previous six-month period, no report will be sent.
16. SELF-PUBLISHER Book Purchases
SELF-PUBLISHER reserves the right to purchase both trade paperback and e-book formats of TITLE from PPG at a fifty-five per cent (55%) wholesaler discount (calculated as a percentage of TITLE's retail price) by contacting PPG by email or fax pursuant to Paragraph 23 of this Agreement. (Please indicate "Order Request for SELF-PUBLISHER Copies of TITLE, ISBN" in the subject line of this email to expedite this process.)
PPG will produce an order/invoice upon receipt of SELF-PUBLISHER's order request and send it to SELF-PUBLISHER via email. Shipping charges will apply. Upon receipt of SELF-PUBLISHER's one hundred per cent (100%) prepayment of the related order/invoice, PPG will process the request. TITLE will be printed and shipped direct to SELF-PUBLISHER from Lightning Source Inc. within one (1) to two (2) weeks of order placement.
SELF-PUBLISHER also reserves the right to have copies of TITLE printed elsewhere by supplying a copy of TITLE's print-ready files to the printer of SELF-PUBLISHER's choice.
17. Submission Guidelines
PPG provides self-publishing services, as indicated on the "Services" webpage of this website, for Canadian self-publishers of the following types of books:
Themes
- will consider all themes
Genres
- fiction
- non-fiction
- poetry
Physical Books
- format: trade paperback (soft)
- binding: perfect
- cover: full-colour, glossy 10 pt. CS1 lamination
- trim sizes for black and white interiors: your choice of 5"x8", 5.5"x8.5", or 6"x9" (up to ten graphics allowed in package price)
- trim sizes for colour interiors: your choice of 5.5"x8.5", 7"x10", 8"x10", or 8.5"x11" (up to ten graphics allowed in package price)
- paper colour: your choice of white or crème for b/w interiors; white only for colour interiors
- page count: from 50-300 pages (maximum 90,000 words in total)
Digital e-Book Books
- formats: your choice of Adobe eBook Reader (.PDF), Microsoft Reader (.LIT), or Palm Reader (.PDB)
- page count: from 50-300 pages (maximum 90,000 words in total)
SELF-PUBLISHER's book files for TITLE must be prepared and transferred to PPG in the manner indicated on the "File Prep" and "File Transfer" webpages of this website.
18. Publishing Timelines
The timeline required to complete each component of PPG's publishing process is indicated in the details of each item offered in the Self-Publishing Services section of PPG's Online Store. These timelines are estimated based on PPG's receipt of trouble-free files from SELF-PUBLISHER coupled with timely responses to all communications (emails, faxes, phone calls) and requests.
19. Mandatory Copy Editing, Design/Layout, and Proofreading through PPG
SELF-PUBLISHER must have TITLE copy edited, graphically designed, and proofread by a professional PPG work-for-hire editor/designer/proofreader ("VENDOR").
SELF-PUBLISHER has the right to accept or reject any portion of any suggestions made by a PPG VENDOR with regard to TITLE; however, once the VENDOR services have commenced, no refund shall apply.
PPG reserves the right to refuse to publish a book that, in PPG's judgment, has not been properly edited/proofread (i.e. in cases where all or most recommended edits have been rejected by SELF-PUBLISHER). If PPG refuses to publish TITLE for this reason, after receiving funds from SELF-PUBLISHER, then PPG will refund the those funds in full to SELF-PUBLISHER, and neither party will have any further obligations to the other except for SELF-PUBLISHER’s warranty and indemnification, pursuant to Paragraphs 21 and 22 of this Agreement.
20. PPG Bankruptcy
If PPG commences bankruptcy proceedings, PPG shall notify SELF-PUBLISHER immediately at which point this Agreement shall be terminated and the rights of PPG and LSI, pursuant to Paragraphs 4 and 5 of this Agreement, shall discontinue.
21. SELF-PUBLISHER Warranty
SELF-PUBLISHER warrants the following to PPG: (i) SELF-PUBLISHER is the author and sole owner of TITLE's interior copyright; SELF-PUBLISHER is either the sole owner of the copyright of all associated cover/interior graphics supplied by SELF-PUBLISHER to PPG for TITLE or has secured written permission (which SELF-PUBLISHER will provide to PPG, together with any required third-party credits, when submitting TITLE's working files) to use the same in TITLE; and SELF-PUBLISHER has full authority and right to enter into this Agreement with PPG and to grant the rights herein granted; (ii) this Agreement does not conflict with any other arrangements, understandings, and/or agreements between SELF-PUBLISHER and another individual or entity; (iii) TITLE is not already in the public domain and is entirely original except for portions therein for which the copyright owners are credited and/or legal permissions have been secured where necessary; (iv) TITLE and its rights are free of liens, claims, interests, and/or other rights of any kind; (v) TITLE, as submitted to PPG, does not and will not violate or infringe upon any other personal or proprietary rights, including, without limitation, copyrights, trademark rights, trade secret rights, contract rights, privacy rights, and/or publicity rights of other individuals or entities; (vi) TITLE is not defamatory, or obscene, or illegal in any way, and its contents will not cause harm to any reader, user, and/or other individual or entity; and (vii) all information submitted to PPG by SELF-PUBLISHER is accurate.
22. SELF-PUBLISHER Indemnification
SELF-PUBLISHER agrees to indemnify and hold safe from harm: PPG, PPG's partners and affiliates, and any other seller of TITLE, from and against any losses (including lost profits), decrees, judgments, settlements, damages, liabilities, expenses, and/or awards (including, and without limitation, any reasonable attorney fees and/or court costs) arising from or connected to a breach or alleged breach of any items listed in the SELF-PUBLISHER warranty set forth in Paragraph 21 of this Agreement. (SELF-PUBLISHER will not be held liable for any matter inserted into TITLE by PPG, such as the generic copyright page contents.)
SELF-PUBLISHER's warranty and indemnification, pursuant to Paragraphs 21 and 22 of this Agreement, shall survive termination of this Agreement.
23. Notices
Any notices from SELF-PUBLISHER to initiate, terminate, and/or communicate about this Agreement can be sent to PPG from SELF-PUBLISHER via any of the email addresses or fax numbers listed on this Agreement and/or by virtue of purchases made through PPG's Online Store. All such notices will be deemed sent on the date of transmission.
Any notices from SELF-PUBLISHER to initiate, terminate, and/or communicate about this Agreement that are sent to PPG from a foreign email address or fax number not listed on this Agreement will be considered null and void, and will be ignored/deleted by PPG.
PPG's mailing address, telephone number, fax number, and email addresses are all listed on the bottom of PPG's order/invoice form. Any notices from PPG to initiate, terminate, alter, and/or communicate about this Agreement will be sent to SELF-PUBLISHER from one of these email addresses or fax number. All such notices will be deemed sent on the date of transmission.
Any notices from PPG to initiate, terminate, and/or communicate about this Agreement that are sent to SELF-PUBLISHER from a foreign email address or fax number not listed on the bottom of PPG's order/invoice form should be considered null and void, and should be ignored/deleted by SELF-PUBLISHER.
PPG and SELF-PUBLISHER are both responsible to maintain evidence showing the successful transmission and receipt of notices.
24. Copyright Infringement
If, during the term of this Agreement, the copyright of TITLE is infringed upon in any way, SELF-PUBLISHER may commence action for copyright infringement at SELF-PUBLISHER's sole expense. All recoveries made from such a litigation shall go to SELF-PUBLISHER as the copyright owner of TITLE. PPG will not commence any such action on SELF-PUBLISHER's behalf, nor will PPG contribute to any legal expenses related to such a litigation.
25. Non-returnable and Non-refundable
All copies of TITLE that are sold through the PPG Online Bookstore and LSI are non-returnable and non-refundable. However, SELF-PUBLISHER reserves the right to act as a distributor for copies of TITLE purchased pursuant to Paragraph 16 (SELF-PUBLISHER Book Purchases) of this Agreement, and to offer returnable/refundable and consignment options to potential buyers of these copies at SELF-PUBLISHER's discretion.
25. Amendments
PPG reserves the right to amend any portion of this Agreement at any time, without notice. Any such modification shall be considered in effect once published by PPG on this website. The PPG Publishing Agreement Version Number and Date will be changed at the top of the Agreement each time an amendment is made.
SELF-PUBLISHER and PPG are bound to the terms of the PPG Publishing Agreement Version Number under which SELF-PUBLISHER initiated or renewed an Agreement with PPG. SELF-PUBLISHER and PPG are responsible to maintain evidence of the applicable binding PPG Publishing Agreement Version. In the absence of such evidence, SELF-PUBLISHER and PPG agree to be bound to the most recent PPG Publishing Agreement Version posted on this website.
26. Artwork Copyright
The copyright for all artwork produced through a PPG VENDOR for a PPG SELF-PUBLISHER belongs to that SELF-PUBLISHER. These rights extend to the use of this artwork in all of SELF-PUBLISHER's marketing materials, printed copies of this edition of TITLE, and all subsequent editions of TITLE and marketing materials going forward. VENDOR may still display this artwork in VENDOR's artist portfolio or on VENDOR's website as is, without any alterations, so long as SELF-PUBLISHER is also mentioned.
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