Contract and Agreement
for Print-On-Demand Publishing
for Bookstand Publishing™

Whereas, the AUTHOR wishes to publish his/her works (hereinafter to be referred to as WORK) online in BOOKSTAND PUBLISHING, the AUTHOR grants, while retaining all other rights, BOOKSTAND PUBLISHING the non-exclusive right to distribute and publish the WORK in BOOKSTAND PUBLISHING, by any and all electronic means, and guarantees BOOKSTAND PUBLISHING:
1. He/she is the sole AUTHOR and owner of all rights to and of the WORK
2. He/she owns the copyright to the WORK and has full power to make this agreement;
3. The WORK is not in the public domain;
4. The WORK does not violate any right of privacy;
5. The WORK is not libelous or obscene;
6. The WORK does not infringe upon any statutory or commonlaw copyright;
7. That any recipe, formula or instruction contained in the WORK is not injurious to the user or advocates the use of violence to the user;
8. He/she shall submit a copy of his/her written permission to use material copyrighted by others if any such material is included in the WORK;
9. That BOOKSTAND PUBLISHING shall not have legal responsibility, in any way or means, for the AUTHOR'S WORK;
10. He/she shall hold BOOKSTAND PUBLISHING harmless for any damages BOOKSTAND PUBLISHING sustains due to including the WORK www.bookstandpublishing.com and other sales distribution channels.

In addition, the AUTHOR shall:
1. Have the right to terminate this CONTRACT, in writing, at any time for any reason;
2. Pay BOOKSTAND PUBLISHING a one time setup fee based on the tables located at: http://www.bookstandpublishing.com/pricing.htm to produce the desired number of copies ordered by the AUTHOR in the registration process and to maintain the work in the ebookstand database for a minimum of 18 months.
3. Authorize BOOKSTAND PUBLISHING to collect, retain and disperse all moneys;
4. Authorize BOOKSTAND PUBLISHING to retain 50% of the purchase price of the WORK for each electronic copy sold and or the established wholesale price of all Print on Demand books; (In other words, we will pay you 50% of the list price for each eBook sold, 30% of the list price on each trade paperback book sold through BookstandPublishing.com and up to 10% of the list price on each print book sold on other retail web sites.)
5. Authorize BOOKSTAND PUBLISHING to refuse a WORK if it is not submitted in MS Word, WordPerfect (or another pre-approved format) as an e-mail attached file or uploaded using our online form;
6. Communicate, in writing, all notices, including any change of address, to BOOKSTAND PUBLISHING at the address of 7790 Eigleberry St., Suite B, Gilroy, California, 95020 or to authorservices@bookstandpublishing.com
7. Forfeit to BOOKSTAND PUBLISHING, upon failure to notify BOOKSTAND PUBLISHING of change of address by the CONTRACT'S termination date, any moneys still due to AUTHOR.

BOOKSTAND PUBLISHING shall:
1. Use its best efforts to electronically present the WORK;
2. Consult with the AUTHOR regarding the pricing of the WORK, (however, BOOKSTAND PUBLISHING retains the right to establish the final price);
3. Have the right to retain and own statistics concerning the sale of the WORK;
4. Not be responsible for editing the WORK;
5. Have the right to correct obvious minor spelling, grammar or punctuation errors of the WORK;
6. Communicate, in writing, notices to the AUTHOR;
7. Remit minimum moneys of $25.00 monthly of sales monyes collected from the WORK to the AUTHOR;
8. Reserve the right to terminate this CONTRACT, in writing, at any time.
9. Retain a fee of $75 for processing an application and file set up if the AUTHOR terminates this CONTRACT after its acceptance and prior to fulfillment by BOOKSTAND PUBLISHING.
10. Remove any works from the database after 18 months that have had ZERO sales.
11. Produce ONE "proof "copy of the work as an Adobe Acrobat PDF file and forward this copy to the AUTHOR prior to any production runs of the WORK.
12. Offer to the AUTHOR a wholesale price schedule so the AUTHOR can purchase books as needed for resale
13. Issue ONE International Book Standard Number (ISBN) per registration that will be assigned to the HARD COPY book only.
14. Convert the WORK to Adobe PDF file format for distribution as an ebook;
15. Create all the credit card processing mechanism to take and process PRINT ON DEMAND book orders;
16. Supply the AUTHOR with a duplicated electronic COPY of all sales receipts as the sales are generated and authorized. The parties understand this CONTRACT is binding upon their heirs, executors, administrators and assigns. The AUTHOR and BOOKSTAND PUBLISHING, by AGREEING WITH TERMS, execute this CONTRACT, under the governing laws of the State of California on the date first above written. It is further understood that should litigation ever arise from this agreement that the prevailing party in whose favor relief is granted or judgment is entered shall have its attorney's fees paid by the non-prevailing party.