Publisher Revenue

These Terms of Service (the "Terms" or "Agreement") is a binding contract between you and Publisher Revenue / NE1 Media LTD ("we" or "us" or "Publisher Revenue" or "NE1 Media LTD") regarding for participation in a digital self-publication and distribution program (the "Program") through the website publisherrevenue.com (the "Site").

Under these Terms, Publisher Revenue will:

(i) Convert (or host for download) your manuscript for sale, into a digital file (.docx / .pdf) or eBook (.epub) which we refer to as a Title(s).
(ii) Deploy those Title(s) to online and retail bookstores.
(iii) Provide online reports to you concerning sales of your Title(s).
(iv) Provide you payment of royalties from the sale of your Title(s), less a commission payable to Publisher Revenue as detailed below.

You, the author:

(i) Are and will remain the owner of your Title(s) and all rights to them; Publisher Revenue has a right to commissions, but has no claim to the copyright or ownership in your Title(s).
(ii) Set the sales price of your Title(s), subject to the exception described in Section 9(iv) below, and write the description that appears in bookstores, whether online or otherwise. You can change either the price or description at any time.
(iii) May delist any of your Title(s) from Publisher Revenue or terminate this Agreement at any time, provided that Publisher Revenue is entitled to its commission on sales of your Title(s) prior to delisting.

The Overview is a summary of the Terms. The Terms themselves are a legally binding contract between you and Publisher Revenue / NE1 Media LTD.

 

This Agreement is a binding contract between us and the individual or entity identified as the Publisher ("you" or "Publisher" or "author") with respect to your participation in the Program and distribution of manuscripts and other materials that are uploaded or converted into content for distribution through the Program (all such content referred to as your "Title(s)" or "Title"). If the Publisher is an entity, the individual person who accepts this Agreement for Publisher represents and warrants that they are entitled to enter this Agreement as an authorized representative of Publisher and to bind Publisher fully to the terms of this Agreement.

You accept this Agreement and agree to be bound by its terms by either (a) clicking Accept where you're given the option to do so or (b) by using the Program or Site, or any part of it. If you don't accept the Terms, you are not entitled to use the Program or Site.

We reserve the right to change the Site, the Program or these Terms at any time at our sole discretion. Any such changes will be effective 7 days after we post notice of such a change at the top of the Terms. If you do not like any amendment, you are free to terminate use of the Program and Site.

Our ability to distribute your Title(s) to various physical and online bookstores and other retailers (collectively referred to as "channels" or "channel") is determined by the terms of service of those channels. If your Title(s) are not acceptable to one or more channels under their terms of service or otherwise, we will notify you and you will have the option of modifying your Title(s) to make them acceptable for sale. We and you each agree that neither will take any steps that either of us know or have reason to know will violate the terms of service of any channel through which your Title(s) are sold. At our sole discretion, we may cease selling Title(s) through any channel whose terms of service or distribution conditions are or become unacceptable to Publisher Revenue for any reason, at any time throughout the duration of this Agreement.

We shall receive funds provided to us from channels that are generated from the sale, loan and other distribution of your Title(s). You agree that we are entitled to deduct and keep a commission of up to 15% of those proceeds generated as payment for our services in the Program and under this Agreement (the "Commissions").

Your use of any channel to sell or your Title(s) or any other linked websites and/or correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through the Site, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Except for the limited obligation to pay to you monies we receive from channels less our Commission, you agree that Publisher Revenue shall not be responsible or liable for any claim, loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertisers or links on the Site. We expressly disclaim any representations made by channels or other third parties regarding the content or accuracy of materials on any third-party websites and, because Publisher Revenue has no control over such sites, you acknowledge and agree that Publisher Revenue is not responsible for the availability of such external or co-branded sites, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites. You are responsible for reviewing the privacy statements and policies of other websites you choose to link to or from the Site, so that you can understand how those websites collect, use and store your information. We are not responsible for the privacy statements, policies or content of other websites, including websites you link to or from our co-branded Site. Websites containing co-branding (referencing our name and a third party's name) contain content delivered by the third party and not us.

Provider's Warranty and Disclaimer.

We do not provide or control any of the products or services (e.g. cover design, manuscript editing, etc) that may be offered through the Site. The availability of products or services through our Site does not indicate an affiliation with or endorsement of any product, service, or provider. Accordingly, we do not provide any warranties with respect to the products or services offered on our Site or made available through the Storefront. Some third-parties, including manuscript editors, designers and proof readers may provide a warranty or other recourse for certain verified defects due to creation or quality errors exceeding the applicable provider's defined thresholds. Such claims would need to be submitted by such provider's stated deadlines. Such information or any provider's warranty may be detailed with the product when you receive it. To obtain warranty service, if any, please follow the instructions included in the provider's warranty. For a good rule of thumb, you should aim to submit any such claim not more than 45 days from the date the unit was manufactured. If you have questions or think your product may be defective, please contact us at support@publisherrevenue.com and, at our discretion, we will endeavour, but are not obligated, to help you on any defectiveness claim you have. Neither us nor the provider are liable for any errors or mistakes that are caused by you or are present in the Works you provide.

ALL PRODUCTS AND SERVICES OFFERED ON THIS SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE PROVIDERS'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS, IF ANY, TO YOU.

(i) The term of this Agreement will begin upon your acceptance of it and will continue until it is terminated by us or by you.

(ii) We are entitled to terminate this Agreement at any time with or without cause by providing you notice of termination.

(iii) You are entitled to terminate at any time with or without cause by providing us notice of termination.

(iv) Upon notice of termination by us or you, we will cease selling your Title(s) and give notice to all channels through which we are distributing your Title(s) to cancel listings and terminate sales of your Title(s) within 5 business days from the date of notice of termination; it is possible that some channels may not immediately cease sales of your Title(s) through which we distribute your Title(s) following receipt of such notice, and, until such channels cease sales of your Title(s), all sales by channels through which we distribute your Title(s) following such notice remain subject to these terms.

(v) Notwithstanding anything to the contrary herein, you agree that following termination or suspension, we or the channels through which we distribute your Title(s) may fulfil any customer orders for your Title(s) pending as of the date of termination or suspension.

(vi) The following provisions of this Agreement will survive termination of this Agreement: Sections 1, 3, 4, 11 and 16. All rights to Title(s) acquired by customers will survive termination.

(vii)We are entitled to Commissions on all sales completed by us or by channels through which we distribute your Title(s) prior to termination.

As a condition to participating in the Program, you represent, warrant, covenant and agree that you:

(i) agree to these Terms and our Privacy Policy;

(ii) shall create and maintain an active Program account using the online form found at https://www.publisherrevenue.com/signup/;

(iii) are of sound mind and are at least 18 years old or the legal age of majority in your place of residence;

(iv) shall ensure that all information you provide in connection with establishing your Program account (such as your name, address and email) is accurate when you provide it, and keep it up to date as long as you use the Program;

(v) are the owner of all copyright and other rights in and to the Title(s) you provide us for publication and distribution through the Program or, if you are not the full owner, have all requisite licenses and consents to permit us to distribute the Title(s) you provide to us and grant the rights as described in Section 11 below;

(vi) shall not establish a new account if we terminate your account without our express written consent;

(vii) shall not use false identities or impersonate any other person or use a username or password you are not authorized to use;

(viii) authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify account information you provide;

(ix) consent to us sending you emails from time to time to communicate with you about your participation in the Program;

(x) remain solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities;

(xi) your participation in the Program and agreement to these Terms shall not violate an agreement among you and a third party;

(xii) shall not permit any third party to use the Program through your account and will not use the account of any third party; and

(xiii) agree to immediately notify Publisher Revenue of any actual or suspected unauthorized use of your username, password or account.

(i) Delivery.

You must provide to us a completed manuscript in Microsoft Word or Word-compatible format (.docx) or Adobe Acrobat format (.pdf) or both, for each of the Title(s) you desire to distribute through the Program. You may also provide a cover; if you do not provide a cover, we will generate one for you.

(ii) Formatting.

We may use your manuscript to create and format your Title(s) in electronic or print form. The style of such formatting shall be determined by us at our sole discretion.

(iii) Errors & Omissions.

We are not responsible for any errors or omissions in the manuscript you provide for us as the basis for your Title(s). We will provide you access to a proof copy of your Title(s) prior to distributing it to channels. It will be your sole responsibility to carefully examine the proof copy for errors and report them to us. We may, at our discretion, limit the number of times we correct errors in proof copies. If you discover any errors in the formatting of your Title(s), our sole obligation is to correct the errors you report to us as of or after the date you provide us notice of such errors.

(iv) Rejection of Works.

We are entitled to determine what content we accept and distribute through the Program in our sole discretion.

(v) Additional Information.

If we request that you provide additional information relating to your Title(s), such as information confirming that you have all rights required to permit our distribution of the Title(s), you will promptly provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our distribution of the Title(s) and the accuracy of the information or documentation you provide to us with respect to those rights.

(i) You will provide a retail or list price for each Title you submit to us (the "List Price").

(ii) The royalty rates paid by various channels are set by those channels and may vary depending upon the List Price. While we may provide to you information we know concerning those rates, you are solely responsible for determining the royalty rates paid by online channels and setting the List Price, and are entitled to set any List Price you deem appropriate so long as it is acceptable to the channels through which we distribute.

(iii) The List Price you provide will be exclusive of sales, value-added or similar taxes which are assessed in connection with the sales of your Title(s).

(iv) In some circumstances we may need to adjust the List Price of one or more of your Title(s) in order to prevent you from incurring a "negative" royalty, where you lose money on the sale of your Title. You agree that we can adjust the List Price automatically, as-needed, and without prior notice to you in order to bring any resulting negative royalty up to zero. We will endeavour, but are not obligated, to notify you in advance of adjusting your List Price. You will be provided with notification after the List Price is changed by us and you will be able to go into your account and adjust the List Price to your desired amount, provided that your desired List Price does not fall below minimum unit cost for that particular Title and result in a negative royalty.

(i) Royalties.

Subject to Section 13(i), for each Title sold through the Program, you will receive the full amount paid by the online channel to us as royalties less our Commissions. You understand, acknowledge and agree that royalties received by you are in no way under our control and are dependent on the royalty rate provided by channel, the List Price set by you and the number of your Title(s) that are sold. You also acknowledge and agree that channels may deduct sales tax and other surcharges from the gross sales of your Title(s), over which deduction we have no control. You further acknowledge and agree that Publisher Revenue is in no way responsible or liable for the royalties paid to us by channels. If you have a dispute with a retailer, whether online or otherwise, of your Title(s), you must resolve it with that third party.

(ii) Payment Terms.

We will pay you royalties received from channels on your Title sales within 30 business days following the end of each month. You understand that, pursuant to their terms of service, channels usually defer payment of royalties for a period of time following the end of the period for which royalties are calculated. We have no obligation to pay any royalties to you until after we receive those payments ourselves. In the event of a failure on the part of any channel to pay royalties to us for any reason, we will have no obligation to pay royalties to you.

(iii) At the time of our payment of royalties to you, we will make available to you a report detailing sales of Title(s) and corresponding royalties. All payments will be made via PayPal, Electronic Funds Transfer ("EFT") payments or other methods we designate at our sole discretion.

(a) If payment is made via PayPal, there is a minimum payment threshold of $50 to accrue before paying you.

(b) If payment is made via International EFT, we will accrue royalties payable until they equal or exceed $100 USD before paying you. If your financial institution imposes any fees in connection with EFT payments, you will be responsible for paying such fees.

(iv) Various channels may, under their terms of service, or standard business practices, withhold, offset or reduce royalties for various reasons. We will only deliver royalties to you that we actually receive.

(v) You are responsible for any income or other taxes due and payable resulting from payments to you by Publisher Revenue under this Agreement. We will be required to report payments you receive to taxing authorities as required by tax laws and regulations. For this purpose, you will provide us with an appropriate tax identification number (SSN or EIN) upon request.

You grant to Publisher Revenue, throughout the term of this Agreement, a nonexclusive, worldwide right and license to distribute Title(s), directly and through third-party channels of our choice, in all digital and print formats (now or hereafter created) by all digital and physical distribution means available. This right shall be irrevocable unless and until you terminate this Agreement according to its terms. Some of the rights you grant to us are necessary for channels to operate according to their terms of service.

(i) Your grant of rights to us includes, without limitation, the right to:

(a) reproduce and store Title(s) on one or more computer facilities, and reformat, convert and encode Title(s) and at various warehouses;

(b) display, market, transmit, distribute, sell and otherwise digitally and physically make available all or any portion of Title(s) through channels selected by you (or us) for customers and prospective customers to download, access, copy and paste, print, annotate and/or view online and offline, including on portable devices;

(c) permit customers to "store" Title(s) that they have purchased on servers ("Virtual Storage") and to access and re-download such Title(s) from Virtual Storage from time to time both during and after the term of this Agreement;

(d) display and distribute (a) your trademarks and logos in the form you provide them to us or within Title(s) (with such modifications as are necessary to optimize their viewing), and (b) portions of Title(s), in each case solely for the purposes of marketing, soliciting and selling Works;

(e) use, reproduce, adapt, modify, and distribute, as we determine appropriate, in our sole discretion, any metadata and physical data that you provide in connection with Title(s); and

(f) transmit, reproduce and otherwise use (or cause the reformatting, transmission, reproduction, and/or other use of) Title(s) as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g., caching to enable display).

(ii) In addition, you agree that we may permit channels you select, their and our affiliates and independent contractors, and their and our affiliates' independent contractors, to exercise the rights that you grant to us in this Agreement.

(iii) You grant us the additional right to use your manuscript and Title(s) files for the purpose of improving and enhancing our systems for converting and distributing electronic and physical books. No sales or licensing of your Title(s) will take place pursuant to this sub-paragraph.

(iv) You grant us the rights set forth in this Paragraph and elsewhere in this Agreement on a worldwide basis unless territorial limitations are set forth in a separate agreement signed by you and us.

(v) You are the owner of the Title(s) file(s) that we create, and your ownership is subject to the rights granted to us by you herein.

We own the Site and Program and all intellectual property related to the Site and Program. All content, organization, graphics, design, compilation, products and product designs, and other matters related to or included on the Site are protected under applicable copyright, trademark, or other proprietary rights and owned by us, including, without limitation, our name and logos and slogans and the names and logos of our products, such as Publisher Revenue, and you must not use the foregoing without our prior written permission.

We do not own author content advertised on the Site or any rights to any third-party logos, product and service names, designs and slogans referred to on the Site or as a party of the Program. If you believe that your work has been copied on the Site in a way that constitutes copyright infringement or otherwise violates your intellectual property rights, please contact us and provide us with the following:

(i) identification of what is claimed to have been infringed;

(ii) identification of what is claimed to be infringing;

(iii) your contact information (or the contact information of the person we need to contact about the infringement);

(iv) a statement that the person submitting the complaint is doing so with a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law;

(v) a statement that the information provided is accurate, and under penalty of perjury;

(vi) a physical or electronic signature of the person submitting the complaint; and

(vii) if that person is not the owner of the content at issue, a statement that the person submitting the complaint is authorized to act on the owner's behalf.

You represent and warrant that:

(i) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement;

(ii) prior to you or your designee's delivery of your Title(s) or any other content, you have obtained all rights that are necessary for the exercise of the rights granted under this Agreement;

(iii) neither the exercise of the rights authorized under this Agreement nor any materials provided or embodied in the content you provide us nor the sale or distribution of the same will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction;

(iv) you will not upload, post, submit, email, transmit, or otherwise make available through Program anything that:

(a) contains falsehoods or misrepresentations that could damage Publisher Revenue or any third party;

(b) is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate;

(c) disseminates or transmits any worms, viruses or other harmful, disruptive or destructive files, code or programs;

(d) impersonates another person without their consent;

(e) you do not have a right to make available under any law or under contractual or fiduciary relationships; or

(f) otherwise violate these Terms;

(v) you will ensure that all Title(s) delivered under the Program comply with the technical and physical delivery specifications provided by us; and

(vi) you will be solely responsible for accounting and paying any co-owners or co-administrators of any Work or portion thereof any royalties with respect to the uses of the content and their respective shares, if any, of any monies payable hereunder.

(vii) To the fullest extent permitted by applicable law, you shall indemnify, defend and hold Publisher Revenue, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, settlement, cost (including reasonable attorneys' fees), action or cause of action that arises from or is related to any actual or alleged breach by you of any of your representations, warranties, covenants or obligations set forth in these Terms (a "Claim"). You may not settle or compromise any Claim for which Publisher Revenue or NE1 Media LTD is seeking to be indemnified or defended hereunder without the prior written consent of Publisher Revenue / NE1 Media LTD, which consent may not be unreasonably withheld, unless such settlement or compromise is solely for monetary damages that are fully payable by you, does not involve any admission, finding or determination of wrongdoing or violation of law by Publisher Revenue and provides for a full, unconditional and irrevocable release of Publisher Revenue from all liability in connection with such Claim. We will be entitled, at our expense, to participate in the defense and settlement of the Claim with legal representation of our own choosing. In the event of a Claim or any actual, alleged or suspected breach by you of any of your representations, warranties, covenants or obligations set forth in these Terms, Publisher Revenue / NE1 Media LTD is entitled to withhold and suspend payment of royalties to you until such time that Publisher Revenue / NE1 Media LTD determines such royalties are not related to any actual, alleged or suspected breach by you of any of your representations, warranties, covenants or obligations set forth in these Terms, and you agree that you are not entitled to any royalties related to any actual, alleged or suspected breach by you of any of your representations, warranties, covenants or obligations set forth in these Terms.

(viii) Nothing herein is intended to grant you any license or other rights to any intellectual property or technology owned or operated by Publisher Revenue, including, without limitation, any trademarks or trade names. Nothing in these Terms restricts any rights we may have under applicable law or a separate permission.

(ix) Unless otherwise agreed to in writing by Publisher Revenue, you are only permitted to have one Program account. If you have a legitimate business need to create an additional account, send your request via email to support@publisherrevenue.com. Publisher Revenue has no obligation to approve any such request and will review them on a case-by-case basis. Publisher Revenue has the right to suspend services and terminate this Agreement in the event Publisher Revenue believes, in good faith, that you have or threaten to:

(a) create more than one account without written authorization from Publisher Revenue;

(b) provide false information to Publisher Revenue, including false information pertaining to your identity when creating a Program account; or

(c) impersonate others in relation to the Program or use a Program account you are not authorized to use. You acknowledge and agree that Publisher Revenue has no obligation to pay you, and you agree to forfeit, any and all royalties earned under or in relation to a Program account created in violation of this Section 13(ix).

THE PROGRAM AND SITE ARE EACH PROVIDED "AS IS." WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT OR USE OF THE SITE OR PARTICIPATION IN THE PROGRAM, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY UNDER OR RELATED TO THIS AGREEMENT EXCEED THE AMOUNT OF FEES ACTUALLY PAID TO YOU BY PUBLISHER REVENUE UNDER THIS AGREEMENT FOR THE SIX-MONTH (6) PERIOD IMMEDIATELY PRECEDING YOU INITIATING A LAWSUIT AGAINST US. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY, THROUGH, OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. PUBLISHER ACKNOWLEDGES AND AGREES THAT PUBLISHER REVENUE CANNOT ENSURE THAT TITLE(S) SUBMITTED BY OR ON BEHALF OF PUBLISHER WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES PUBLISHER REVENUE MAY MAKE APPLICABLE IN CONNECTION WITH USE OF WORKS, AND PUBLISHER REVENUE WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES. PUBLISHER REVENUE RELIES ON COMPLEX SYSTEMS AND PROCESSES. WE STRIVE TO MAKE OUR SYSTEMS AND PROCESSES ERROR-FREE AND EFFICIENT, BUT WE CANNOT GUARANTEE THAT THEY WILL BE, AND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES.

Some jurisdictions do not allow limitations on liability or disclaimer of implied warranties, so all or a portion of the foregoing may not apply to you. In this case, Publisher Revenue's liability and the effect and/or duration of any implied warranty is limited to the minimum permissible under applicable law.