Author Audiobook Publishing Agreement

Contract Version Date: 8/17/2023

Empowered Whole Being Press
AUDIOBOOK PUBLISHING AGREEMENT

Agreement is between Empowered Whole Being Press ("Company"), and undersigned ("Author")

1. Company provides Audiobook publishing services and marketing tools for self-published visionary authors, and distribution to third-party Audiobook retailers, such as Amazon.com, Barnes and Noble.com and many other online Audiobook systems worldwide.

2. The Author grants Company the right to produce the Audiobook. Author also grants Company nonexclusive rights to advertise, distribute, sell the Audiobook worldwide, and collect all monies for Audiobooks sold.

3. Earnings are paid on the twentieth business day of the month to United States citizen authors whose unpaid earnings were $100 or more on the last day of the previous month.

4. Earnings are paid on the twentieth business day of the month to non-United States citizen authors whose unpaid earnings were $175 or more on the last day of the previous month.

5. Company will issue a 1099-Misc, as required by the Internal Revenue Service, for earnings exceeding $100.00 US paid to Author in any year.

6. The Basic Publishing Package is solely non-exclusive print and electronic rights only. Authors are free to sell their books elsewhere.

7. Author or Company can terminate this agreement at any time, for any reason. (See #34 for Company's refund policy.)

8. Upon receipt of this signed agreement, acceptable files, and payment for the Basic Audiobook Publishing Package or Custom Audiobook Publishing Package, Company will:

a. assign the ISBN to the title.
b. schedule the Audiobook's creation in the production calendar.
c. use the Author’s eBook for narration purposes.
d. will provide a MP3 audio file download link of the distribution-ready Audiobook to the Author. Author may then issue authorization to release the book for distribution.
e. place the Audiobook in distribution upon receipt of the Author approval for release.
f. submit a Distribution-Ready MP3 audio file to Company’s Audiobook distribution partner enabling Audiobooks to be downloaded via multiple Audiobook etailers.

9. If the author has any changes to make to any listings on these sites, a $10 fee must be paid to process each batch of requested changes.

10. Author is legally and financially responsible for the content of their book (libel, plagiarism, defamation, invasion of privacy, copyright or trademark infringement, etc.). Company is not legally liable for anything related to the book or the author's actions.

11. Author guarantees that the work, if fiction, does not include the name and/or likeness of any actual person, living or dead; and that all characters in the fictional work who may have been derived from actual persons have altered names and altered physical attributes so as to negate any similarity or likeness between the actual person, location, or event, and the fictional character, location, or event.

12. Author will not enter into agreements that conflict with the terms of this agreement.

13. Author retains their copyright, and is responsible for pursuing any entity that violates the author's rights if they choose to do so.

14. Company can stop selling an Audiobook if it's involved in a threatened or actual legal dispute.

15. Author agrees to keep Company current on all contact info.

16. Company offers the standard Audiobook format.

17. Company assigns ISBNs to Audiobooks. ISBNs are owned by the Company and are not transferrable, remaining the property of the Company. ISBNs of terminated books are decommissioned.

18. Author can't use Company's name or ISBNs on Audiobooks they sell/distribute themselves.

19. Audiobooks are automatically submitted to EWBP's Audiobook Distributor partner.

20. Company can't guarantee that every etailer will list and sell every title, nor that an etailer won't delist a particular title in the future. While no firm has ever refused to list and sell one of the Company's Audiobooks, those etailers are not required to list any particular title for sale. Listings offered by etailers are at the discretion of each particular company. Any etailer can also choose to remove a book at any time, and for any reason. Etailers may also refuse to remove old listings of out-of-print books because doing so may damage their customer purchase histories. They may simply change the listing to "inactive", or a similar term, but still keep the product page online.

21. Authors requesting changes to the Company's website pages for their book, prices, and other metadata after a book is published will incur a $10 fee for each set of changes.

22. If Author owes the Company any fees, the Company reserves the right to keep selling the ebook until those fees have been recouped.

23. If Author ceases communicating with the Company, the Company may be required to terminate the Author's contract.

24. If Author wishes to reactivate a terminated title, a reactivation fee will be required.

34. The Company's fees are not refundable. However, we understand that unforeseen circumstances may occasionally arise causing the need for authors to cancel their Empowered Whole Being Press Audiobook publishing agreement. Here is the only exception to the no refund policy: If the cancellation request for Audiobook publishing agreement termination occurs before production begins and after payment is made, but before any narration work is begun on your Audiobook, Company will retain a 25% cancellation fee to cover labor and transaction costs associated with processing the initial order, the author account, and the cancellation. By agreeing to this contract, Author states that they understand and agree to a 25% cancellation fee applied to ALL fees paid when signing up. However, if any narration has occurred no refunds are permitted. Except as noted in the paragraph above, refunds are not permitted.

35. Company will assist Author with setting their Audiobook price.

38. Earnings for Audiobooks vary based on the point of sale download location, and are calculated on the NET amount Company receives from the Audiobook distributor. Authors receive 55% of the NET amount received from the Audiobook distributor.

39. As of the publication of this contract version, list prices for Audioooks vary greatly and are based upon the number of audio hours in the Audiobook. IMPORTANT NOTE: Apple and other etailers may choose not to list an Audiobook they feel is priced too high, and all eBook prices must end with ".99", such as $19.99 or $25.99.

42. Author agrees not to spam while promoting their Audiobook.

43. While the author is responsible for promoting their own Audiobook, the Company reserves the right to distribute excerpts and/or review copies of the Author's Audiobook.

45. Company is the sole owner of the Company's website and URLs, and does not redirect or post outside links on the website.

46. Company owns its customer information. Per the Company's Privacy Statement, this data is not shared with anyone outside of the Company.

47. Company makes every effort to keep the website functioning but isn't responsible for outages.

48. Company is not responsible for errors appearing on websites or in databases it does not own.

49. Company is dismissed from its obligations if events occur affecting the Company or printer/distributor, such as natural disasters, acts of God, fire, power, etc., if the Company is judged legally bankrupt, or if the Company's relationship with the Audiobook production services is terminated.

50. In the unlikely event of insolvency, Company will only be responsible to the Author for the unpaid commissions up to that date.

51. With the exception of beneficiaries in the event of the author's death, the Company will not transfer files, accounts, or any other item to or between third-party individuals or companies

52. This agreement does not create a partnership, nor an employee/employer relationship.

53. Costs can rise without notice. All prices and fees are subject to change without notice.

54. Author may not share/divulge proprietary information about the Company to third parties. Confidential information is the property of the Company.

55. Authors will be alerted to any contract changes via email.

56. Author's continued participation in the Company's program will constitute the Author's acceptance of such changes or modifications.

57. This Agreement will be governed by the laws of the United States of America and the state of California.

Your Legal Name (required)

Your Pen Name - If Applicable

Your Email Address (required)

Your Phone Number (required)

Your Physical Address (required)

City (required)

State (required)

Zip or Postal Code (required)

Title of Your Book (required)

Is your book co-authored? (required)

YesNo

If so, please enter the co-author's full legal name.

If I die while this contract is still in effect, please assign editorial and contractual control and future commission checks for this book to:

Beneficiary's Name (required)

Beneficiary's Street Address, City, State, Zip/Postal Code (required)

Beneficiary's Telephone Number (required)

Beneficiary's Email Address (required)

Beneficiary's relationship to you. (required)

By Completing and Submitting this Author Audiobook Publishing Agreement, I am accepting the terms here within and grant Empowered Whole Being Press authorization to publish and distribute my Audiobook on my behalf.

Date Signed. (required)

By checking the below box, I attest that all the above information is true, and I agree and accept all the terms as outlined in the Empowered Whole Being Press Author Publishing Agreement.

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