USA Today Multi-Author Bestseller Program Terms of Purchase
Please read these terms carefully as they are a binding legal contract, and we suggest downloading a copy for your records.
You are purchasing 1 chapter in the multi-author book, which includes editing, proofreading, formatting, full professional design, bestseller rank on at least one of the following top-tier publications: USA Today or The Wall Street Journal in addition to Amazon, and rights to distribute your chapter as you choose.
You are purchasing this in your business capacity and guaranteeing the purchase as an individual.
This Terms of Purchase is the entire agreement between us. This Terms of Purchase supersedes our prior discussions, emails, online or voice messages.
The parties (AMA Publishing and You, hereinafter referred to as “Client”) wish to work together to achieve success from the project and hereby agree as follows:
1. SERVICES PROVIDED BY AMA Publishing
AMA Publishing shall provide to Client the services specified below:
- Cover design.
- Editing of chapter and bio.
- Interior design/typesetting.
USA TODAY BESTSELLER CAMPAIGN:
- Publish to Amazon and various retail outlets (Includes keyword and category research).
- Managing, updating, and leading Client through the launch process.
- AMA Publishing and its partners have done numerous USA Today launches and has hit the list 100% of the time. However, if for some reason the digital book does not attain bestseller rank on at least one of the following top-tier publications: USA Today or The Wall Street Journal on the target launch date, the parties agree that AMA Publishing will do another launch within 30-60 days to hit said list.
2. CLIENT DUTIES
Client agrees to the following:
- To get the most out of this program and the services provided Client must respond to AMA Publishing in a timely manner and send any information requested so as to best achieve the intended results.
- Client agrees to provide necessary information for Client’s chapter and bio to AMA Publishing with the execution of this agreement for the multi-author book to be released, crediting Client as a co-author.
- Client agrees to send Client’s completed chapter and bio to AMA Publishing by the date specified in the Author Library. Client understands that failure to send Client’s chapter and bio by the date specified in the Author Library will result in Client’s chapter no longer being included in the multi-author book and no refund will be given.
- Client agrees to grant AMA Publishing, along with their partners and co-authors, the non-exclusive rights to print, publish, distribute and sell Client’s chapter as a part of the book throughout the world in all languages.
- Client agrees to grant AMA Publishing, their partners, and co-authors the right to use Client’s name, likeness, biographical information, and full and/or excerpt of Client’s chapter with full attribution to Client in the promotion of the book in both digital and printed format.
- Client understands that sales of the kindle and print version of the book sold through various retail outlets containing Client’s chapter is for AMA Publishing only and that all profits will go to AMA Publishing. Client further understands that Client will receive no royalties from the sales of the kindle or print version of the book sold on Amazon.
- Client understands that Client cannot make changes to the cover, the manuscript, book description or the price. Client understands that Client can only publish and sell on the platform that AMA Publishing has given me permission to publish on.
- Client understands that AMA Publishing is not making any guarantees as to how many books will be sold, but only that the book will rank as a bestseller on either USA Today or The Wall Street Journal and at least one Amazon Bestseller list within 30 days of release.
- Client understands that Client is joining this program with the intention of selling services and products and not for making money from book sales.
- Client understands that there is no guarantee for how long the book will rank as a bestseller, but Client will receive screenshots and graphics for Client’s marketing purposes.
- Client understands that Client will be asked to participate in the promotion of the book when it is released on Amazon.
- Client understands that AMA Publishing will secure US copyright for the book, including Client’s chapter, however Client shall retain the right to republish Client’s work in any manner and AMA Publishing agrees that this shall not be deemed an infringement on the copyright.
- Client understands that AMA Publishing is publishing Client’s chapter with the understanding that it is Client’s own original work and that it is the Client’s own responsibility to ensure Client’s work is original and not infringing on others’ copyrights.
- Client understands that AMA Publishing will not be held responsible for any copyright violations resulting from Client’s chapter being published.
- Client understands that AMA Publishing will not be held responsible for any character defamation or libel lawsuits resulting from the publishing of Client’s chapter. AMA Publishing recommends changing the name of any real-life persons to a fictional name and will not be held responsible if this is not done.
- Client understands that no paperback copies are included in this agreement, but can be purchased from Amazon at the wholesale price.
- Client understands that AMA Publishing reserves the right to push back the date of publication of the book for any reason.
3. FEES & PAYMENT
All payments shall be made in full in order to start the project. Client understands and acknowledges that all sales are final upon agreeing to this Terms of Purchase and that our fee is fully payable when Client initiates transaction. All payments pursuant to this Agreement are non-refundable. AMA Publishing reserves the right to place further services on hold until any outstanding invoice is paid and to invoice Client ten percent (10%) annual interest rate for any outstanding, undisputed invoice not paid within thirty (30) days after receipt. If payment ceases for a period of 30 days, this Agreement will be cancelled and Client will be required to pay the prorated amount due for services performed up to that date.
By completing this purchase, Client acknowledges and agrees not to initiate a chargeback. If Client initiates a chargeback, Client will be charged an additional fee of $300 USD. Client agrees that failure to complete Client’s chapter in time does not warrant a refund.
4. CONFIDENTIAL INFORMATION
AMA Publishing and Client mutually agree to hold any and all Confidential Information exchanged between the parties as part of this Agreement in the strictest of confidence and to not disclose such information to any other person or entity. Information shared in Facebook groups, in email, on calls, in video conferences, or any other means shall be maintained as confidential.
The Recipient of Confidential Information shall not obtain, by virtue of this Agreement, any rights, title, or interest in any Confidential Information of the Owner. The terms of this section shall survive the termination of the Agreement.
5. RIGHTS TO WORK PRODUCT
Any expression or result of AMA Publishing’s Services, or the work, findings, analyses, conclusions, opinions, recommendations, ideas, techniques, know-how, designs, programs, tools, video recordings, audio recordings, meditations, applications, interfaces, enhancements, software, and other technical information (collectively “WORK PRODUCT”) created by AMA Publishing in the course of performing the Services hereunder are the property of AMA Publishing. The Client must not share the program or any content with anyone without authorization from AMA Publishing.
6. INDEPENDENT CONTRACTOR STATUS
AMA Publishing performs this Agreement as an independent contractor, not as an employee of Client. Nothing in this Agreement is intended to construe the existence of a partnership, joint venture, or agency relationship between Client and AMA Publishing.
7. REPRESENTATIONS AND WARRANTIES
Each party warrants that:
(i) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid, and binding obligation, enforceable against either party in accordance with its terms;
(ii) They have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform their obligations under this Agreement, without the approval or consent of any other party; and
(iii) They have sufficient right, title, and interest in and to the rights granted in this Agreement.
AMA Publishing warrants that the Services will be performed in a professional manner. To the extent Services provided are advisory, no specific result is assured or guaranteed.
AMA Publishing expressly disclaims all other representations or warranties, whether express, implied, or statutory (by any territory or jurisdiction) to the extent permitted by law, and further:
AMA Publishing expressly excludes any warranty of non-infringement, title, fitness for a particular purpose, or merchantability to the extent permitted by law.
8. LIMITATION OF LIABILITY
Maximum liability for any action arising under this agreement, regardless of the form of action and whether in tort or contract, shall be limited to the amount of services fees paid by client for the services from which the claim arose. In no event shall AMA Publishing be liable for indirect, special, incidental, or consequential damages of any kind, including without limitation, lost data or lost profits, however arising, even if client has been advised of the possibility of such damages. The parties agree to the allocation of risk set forth herein.
Client agrees to indemnify and hold harmless AMA Publishing and its employees, representatives, agents, and affiliates, against any and all claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Client’s breach of this Agreement. Client will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by us in connection with or arising from any such claim, suit, action, or proceeding.
AMA Publishing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the indemnifying party hereunder.
Neither party may assign its rights or obligations under this Agreement to any party, except, that the assignment to a third party who obtains all or substantially all of the business or assets of a party shall be permitted subject to the reasonable consent of the other party (i.e. the non-assigning party).
11. GOVERNING LAW; JURISDICTION; RESOLUTION OF DISPUTES
This Agreement is governed by the laws of the state of Colorado and the federal laws of the United States of America applicable therein, without regard to its choice of law or conflict of law provisions. If any dispute arises between Client and AMA Publishing, Client agrees that all such disputes will be determined exclusively by final and binding arbitration in the City of Cortez, Colorado in English and governed by Colorado law pursuant to the Colorado Uniform Arbitration Act, as amended, replaced or re-enacted from time to time. The arbitration shall be heard and adjudicated by one arbitrator to be selected by Client and AMA Publishing. Any award will be final, binding and conclusive upon the parties, subject only to judicial review provided by Colorado or U.S. statutes, as applicable, and a judgment rendered on the arbitration award can be entered in any court having jurisdiction thereof. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the non-prevailing party in order to enforce the provision of this agreement.
Any cause of action brought by Client against AMA Publishing must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
In no event shall AMA Publishing be liable for any consequential, punitive or multiple damages of any kind.
12. FORCE MAJEURE
Except for Client’s obligation to pay AMA Publishing, neither party shall be liable for any failure to perform its obligations under this Agreement if prevented from doing so by a cause or causes beyond its control, including without limitation, acts of God or public enemy, failure of suppliers to perform, fire, floods, storms, earthquakes, riots, strikes, war, and restraints of government.
(a) Client may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
(b) This Agreement represents the entire agreement between Client and AMA Publishing, and shall supersede all prior agreements and communications of the parties, oral or written.
(c) The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
(d) If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
(e) The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.
14. CONTACT INFORMATION
If Client has any questions or concerns, please contact AMA Publishing by email at [email protected].
15. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties with respect to said book. Each party has executed this Agreement without reliance upon any promise, representation or warranty other than those expressly set forth herein. Each party acknowledges that they have carefully read this agreement and agrees to the terms listed here.
The Parties hereby agree to all of the above terms and have executed this Agreement by a duly authorized officer, agent or representative.
In Witness Whereof, the parties have caused this Agreement to be effective as of the date of payment.
Client has read the terms of purchase & by making a payment agrees to the Terms of Purchase.