Amazon Solo-Author Bestseller Program Terms of Purchase Agreement
This Terms of Purchase Agreement (“Agreement”) constitutes a binding legal contract between AMA Publishing and the undersigned purchaser (“Client”). By making payment and entering into this Agreement, Client affirms their full understanding and acceptance of these terms and conditions. It is strongly recommended that Client retains a copy of this Agreement for their records.
1. SCOPE OF SERVICES
AMA Publishing agrees to provide the following professional services to Client in connection with the creation, publication, and promotion of a solo author book (the “Project”):
1.1 Book Creation
- Custom cover design.
- Editing and proofreading of the Client’s manuscript.
- Interior design and typesetting.
1.2 Bestseller Campaign
- Publication on Amazon, including keyword and category research.
- Procurement of unique ISBN numbers for each version of the book (e.g., paperback and Kindle).
- Placement on at least one Amazon Bestseller list, supported by screenshots documenting the bestseller status.
1.3 Launch Management and Book Promotion
- Management of the book launch process, including guidance and updates.
- Provision of a detailed launch plan to organize and mobilize a launch team, with clear instructions for promotional activities on social media and other platforms.
- A 60-minute strategy session with AMA Publishing’s representative, Monique, 7–10 days prior to launch.
- Direct support via Messenger/WhatsApp for the initial three days post-launch.
- Creation of two promotional graphics for the book and author.
2. CLIENT RESPONSIBILITIES
To ensure the success of the Project, Client agrees to fulfill the following obligations:
2.1 Timely Communication and Deliverables:
(a) Client shall provide AMA Publishing with the manuscript, author photograph, and biography (“Bio”) within the timelines mutually agreed upon after payment.
(b) Failure to deliver these materials by the specified deadlines may result in publication delays for which AMA Publishing shall bear no responsibility.
2.2 Grant of Rights:
(a) Client grants AMA Publishing, its affiliates, and partners the non-exclusive right to use Client’s name, likeness, Bio, and excerpts from the book for promotional purposes in both digital and printed formats, with appropriate attribution to Client.
(b) Client retains final approval rights for the cover design, manuscript, book description, and pricing.
2.3 Representations of Originality:
(a) Client represents and warrants that all submitted content is their original work and does not infringe upon any third-party rights.
(b) Client agrees that AMA Publishing shall not be liable for copyright violations, defamation, or libel claims related to the publication of the book. Client is advised to use fictional names for any real-life individuals referenced in the book.
2.4 Copyright and Royalties:
(a) AMA Publishing shall secure U.S. copyright registration on Client’s behalf.
(b) Client retains 100% ownership of the book’s copyright and exclusive entitlement to all royalties, residuals, and other benefits derived from its sales.
3. FEES AND PAYMENT TERMS
3.1 Payment Obligations:
- Payment is required in full before services commence.
- All payments under this Agreement are non-refundable.
3.2 Non-Payment:
AMA Publishing reserves the right to suspend services for unpaid invoices and may apply a 10% annual interest rate to any undisputed overdue balances. In cases of non-payment exceeding 30 days, this Agreement may be terminated, and prorated fees for services rendered will be due.
4. CONFIDENTIALITY
Both parties agree to maintain the confidentiality of any proprietary or sensitive information disclosed during the course of this Agreement. This obligation extends beyond the termination of this Agreement.
5. INTELLECTUAL PROPERTY RIGHTS
Any deliverables, methodologies, tools, or content created by AMA Publishing as part of the Project (“Work Product”) shall remain the exclusive property of AMA Publishing. Client agrees not to share, distribute, or replicate such materials without prior authorization.
6. TERMINATION
Either party may terminate this Agreement upon written notice. If termination is initiated by the Client, all fees paid under this Agreement shall remain non-refundable, and any outstanding amounts shall become immediately due.
7. FORCE MAJEURE
AMA Publishing shall not be held liable for any delay or failure to perform its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to natural disasters, acts of war, or governmental restrictions.
8. INDEPENDENT CONTRACTOR RELATIONSHIP
AMA Publishing shall act as an independent contractor under this Agreement. Nothing herein shall create a partnership, joint venture, or agency relationship between the parties.
9. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the State of Colorado, without regard to conflict-of-law principles.
9.1 Arbitration:
Any disputes arising under this Agreement shall be resolved through binding arbitration conducted in Cortez, Colorado, in accordance with the Colorado Uniform Arbitration Act. The prevailing party in any arbitration shall be entitled to reimbursement for reasonable legal fees and costs.
9.2 Limitation of Claims:
Any claim by Client must be initiated within one year from the date the cause of action arises, failing which it shall be forever barred.
10. ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties and supersedes all prior communications, whether oral or written. Any modifications must be made in writing and signed by both parties.
By submitting payment, Client acknowledges and agrees to the terms of this Agreement.
In Witness Whereof, the parties have executed this Agreement as of the date of payment.