ASSIGNMENT OF COPYRIGHT
AND PUBLISHING CONTRACT

Agreement No. _________
Effective Date __________
Termination Date ________

This agreement, together with all Appendices hereto, is entered into by and between
PublishIt.com
Attn: Editor
4008 W. Belle Plaine Av
Chicago, IL 60641-2410
(PUBLISHER) 		__________________________________
__________________________________
__________________________________
__________________________________
(AUTHOR)

1.0 DEFINITIONS:

  • PRODUCT refers to the manuscript and all related materials described in Appendix A, together with all documentation, copies, whether complete or partial, notes, memoranda, and all other related materials and information.
  • PUBLISHER refers to the entity listed above as PUBLISHER and its duly authorized agents, employees, attorneys, and representatives.
  • AUTHOR refers to the entity listed above as AUTHOR and all agents, employees, attorneys, representatives, and persons action on behalf of or under the control or supervision of same.

    2.0 GRANT:

  • AUTHOR hereby sells, transfers and assigns to PUBLISHER all of AUTHOR's right, title and interest, including the copyright, in and to PRODUCT .
  • PUBLISHER shall have the exclusive right to sell, license, market, print, publish, reproduce, and otherwise distribute the PRODUCT , derivative works, translations, and other versions of PRODUCT .
  • PUBLISHER may also sublicense or transfer any or all of these rights, subject only to this agreement.
  • AUTHOR retains the right to use the algorithms, software routines, and data contained within PRODUCT in other manuscripts and programs, provided such other manuscripts and programs are not substantially similar to PRODUCT and such use is not inconsistent with this agreement.

    TERM & TERMINATION:

  • This agreement shall become binding when accepted by PUBLISHER and shall be effective as of the effective date set forth above, or when accepted if no effective date is specified.
  • The term of this agreement shall be coextensive with the copyright of the PRODUCT unless a termination date is specified, and if such termination date is specified, then this agreement shall terminate at 5:00 PM on the termination date.

    DELIVERY & ACCEPTANCE

    AUTHOR agrees to deliver PRODUCT in a form satisfactory to PUBLISHER (at PUBLISHER's sole discretion) in publishable condition upon signing of this agreement or at the time specified in Appendix A hereto.
  • AUTHOR further agrees to make any necessary modifications which PUBLISHER (in PUBLISHER's sole discretion) believes is necessary to correct any deficiencies in or to improve the marketability of PRODUCT .

    FEES & PAYMENT:

  • PUBLISHER shall pay AUTHOR in accordance with Appendix A .

    WARRANTIES:

  • AUTHOR warrants that:
  • AUTHOR agrees to indemnify and hold PUBLISHER harmless from any liability or damages, including reasonable attorney fees, in connection with any claim or action inconsistent with or arising out of the breach of any of the warranties, representations, or obligations contained in this agreement.

    NON-DISCLOSURE OF PROPRIETARY INFORMATION:

  • Certain information and materials used and made available to AUTHOR constitute proprietary information and trade secrets of PUBLISHER.
  • AUTHOR shall use AUTHOR's best efforts to insure the confidentiality of all such materials and information.
  • AUTHOR warrants that AUTHOR will not disclose, use, modify, copy, or reproduce PRODUCT or any of the related information or materials except in accordance with this agreement or after first obtaining the written permission of PUBLISHER.
  • AUTHOR specifically agrees to prevent AUTHOR's employees, agents, attorneys, and representatives from disclosing such proprietary information and shall hold PUBLISHER harmless and protect and indemnify same in the event of an disclosure by said persons.

    NON-COMPETITION:

  • AUTHOR agrees not to market, sell, support, or maintain, whether directly or indirectly, any software or related materials similar to or which compete with PRODUCT without first obtaining the written consent of PUBLISHER during the term of this agreement and for a period of two years from the termination thereof.
  • AUTHOR further agrees to prevent its employees, agents, attorneys, and representatives from competing as described above and shall protect, indemnify, and hold PUBLISHER harmless against same.

    ENHANCEMENTS:

  • AUTHOR agrees to and hereby does assign all revisions, new versions, and derivative works of PRODUCT to PUBLISHER without additional compensation, except that such revisions, new versions, and derivative works shall when used by PUBLISHER, be considered as PRODUCT herein and shall be subject hereto.
  • AUTHOR specifically acknowledges that all such revisions, new versions, and derivative works shall be the exclusive property of PUBLISHER.
  • AUTHOR is under no obligation to create such revisions, new versions, and derivative works unless otherwise specified in Appendix A.

    MISCELLANEOUS:

  • Should either party to this agreement be required to engage an attorney to enforce any provision herein, or bring an action for the breach hereof, then in addition to any damages or other relief recovered or obtained, the prevailing shall also be entitled to recover reasonable attorney's fees.
  • This agreement shall be construed according to the laws of the State of Illinois, without regard to the choice of law provisions of that state, and all actions, regardless of the form or nature of such, to enforce this agreement or for the breach of same shall be brought within one (1) year from the occurrence of the grounds for such action in Illinois.
  • This agreement represents the entire agreement between the parties and supersedes any prior agreements and understandings, and shall not be modified except in writing, signed by both parties.

    AUTHOR:___________________
    By:__________________________
    Title:________________________
    Date:________________________
    		 PUBLISHER:___PublishIt.com___
    By:__________________________
    Title:_________________________
    Date:________________________

    Appendix A

    Agreement No._________________
    Effective Date:_______________
    Termination Date:_____________

    PRODUCT NAME:





    PRODUCT DESCRIPTION:





    FEE & PAYMENT TO AUTHOR:

    PUBLISHER pays AUTHOR a $5 royalty advance on all documents accepted for publication. PUBLISHER pays AUTHOR 10% royalties on the first $1,000 of gross income earned (from all sources), 15% royalties on the next $1,000, and 20% royalties on all amounts over $2,000. PUBLISHER sends a monthly royalty payment. However, payments less than $5 will be withheld until amount earned equals or exceeds $5.

    OTHER CONDITIONS OR AGREEMENTS:





    AUTHOR:___________________
    By:__________________________
    Title:________________________
    Date:________________________
    		 PUBLISHER:___PublishIt.com___
    By:__________________________
    Title:_________________________
    Date:________________________

    (c) 1999 PublishIt.com