This Agreement, between Rose Contreras Communications (sometimes “RCC”) and _AUTHOR NAME____ ("Author"),
in regards to ____TITLE OF WORK___(“Work”):
A. Work is Author’s: Author hereby warrants that the Work the subject of this agreement submitted to Rose Contreras
Communications is completely Author’s original work and was created solely by Author in the Unites States of America.
B. No Prior Publication: Author hereby warrants that the Work has not been previously published, is not currently in the
public domain and that the Author is the sole owner of the Work, with full authority to enter into this contract.
C. Rights to Rose Contreras Communications: Author grants Rose Contreras Communications the right to publish the
Work under the any of its imprints in digital format, including, but not limited to: computer disk, databases and CD-ROM.
Author grants Rose Contreras Communications the right to place said Work in any bookstores, both offline and on, that
Rose Contreras Communications in its sole discretion determines are appropriate, with the express purpose to sell said
Work to the public at a price to be determined by Rose Contreras Communications, in its sole discretion; however Rose
Contreras Communication will not place the Work for free on any such bookstore without the Author's written
permission. Author additionally agrees that Author will not publish and will not license any other entity to publish the
Work and/or all derivatives of the Work in paperback or any other format (except the epublishing herein) unless RCC
does not match within 60 days the terms of any prospective agreement to publish the Work and/or all derivatives of the
Work in paperback or any other format. Author agrees that RCC has a right-of-first-refusal in any and all other
publication of the Work and/or all derivatives of the Work.
D. Copyright, License and Assignment for Use, Pen Name: A Copyright registration of and for the Work shall be
obtained from the United States Copyright Office by Author prior to Rose Contreras Communication publishing the Work
(“Registration”). The Registration shall be in a form acceptable to Rose Contreras Communication prior to RCC having
any obligation to publish the Work in any form. Unless otherwise agreed in writing, Rose Contreras Communications
will, in all versions RCC publishes of the Work, use reasonable efforts to place a copyright notice showing the Author as
the owner and holder of the copyright to the Work.
Author hereby grants to Rose Contreras Communications an exclusive license in the Work sufficient to carry out Rose
Contreras Communications’ publishing rights granted by Author to Rose Contreras Communications in this agreement.
Author additionally grants RCC a license in derivative works and later additions to the extent necessary to carry out this
agreement or the rights of first refusal granted herein. Author additionally grants to Rose Contreras Communications
the right to use Author’s name, image, likeness and biographical information for advertising, promotional and publishing
purposes and to use the material contained within the Work, including without limitation, the characters in the Work,
through their use, simulation or graphic exploitation on or in connection to the Work. To the extent necessary to give
effect to all other rights granted to RCC by Author, moral rights are also assigned and licensed. RCC has the right to
re-title the work. Rose Contreras Communication agrees to use Author’s assumed name (“Pen Name”) in connection
with the work as long as Author provides RCC with documentation satisfactory to RCC that Author may properly and
legally use the Pen Name. Author’s Pen Name is
_________________________________________.
E. Accounting Statements and Royalty Payments:
1. Rose Contreras Communications shall provide annual statements for the Work once the Work has been officially 'for
sale' on the Rose Contreras Communications site in any format or offered for sale by RCC through a partner site or
Bookstore. If this agreement is made during the course of a calendar year, RCC may provide a statement for a partial
year ending December 31st and Annual Statements thereafter. Statements shall account to Author for the number of
units of Work sold on RCC’s websites, RCC’s partner websites and Bookstores, if any. Annual Statements shall also
show any deductions RCC is making from the amount to be paid to Author. Annual Statements shall be delivered to
Author at Author’s email address on or before January 31st for the preceding year. While the Annual Statements will be
the only statements required by this agreement, RCC anticipates that it will additionally prepare quarterly working
statements.
2. When RCC’s quarterly working statements show the Author is due payment on royalties of $25.00 or more in any
quarter; RCC shall pay Author on or before the last day of April for the quarter from January through March; the last
day of July for the quarter from April through June; the last day of October for the quarter from July through September;
and the last day of January for the quarter from October through December; that is, smaller amounts shall be
accounted for in the statements, no payment shall be made to Author until the Work generates a royalty of $25.00 and
shall only be made thereafter in increments of $25.00 which may take more than one statement period to accumulate. If
and when Work is generating payments pursuant to this agreement of $25.00 or more per month, then RCC agrees to
pay those amounts monthly. [Author and RCC hereby agree and amend this paragraph such that the $25.00 “threshold
is deleted and Author requests and RCC agrees to only pay Author when the accumulated amount reaches $100.00.
______ (Author) _______ (RCC)]
3. As Royalties, Rose Contreras Communications shall credit the Author's account forty-percent (40%) of the retail
actual sales price for those Works published electronically on its websites - including CD-ROM, twenty percent (20%) of
the amount RCC actually receives from those digital books sold on our partner websites (eBooks.com, Fictionwise, and
Mobipocket, and any other online bookstore at the discretion of RCC); or twenty percent (20%) of the amount RCC
actually receives for those digital titles that are sold at the "author's discounted price." [Additionally, should RCC
publish the Work as a paperback, then Author shall receive fifteen-percent (15%) of the amount RCC actually receives
for paperback.]
All Works by Author that are sold in any eBookstores or regular, physical “brick and mortar” bookstores (collectively
“Bookstores”) will be sold at the suggested retail price determined by Rose Contreras Communications in its sole
discretion or a price determined by said Bookstore and approved by RCC in its sole discretion. In these bookstore
sales, Rose Contreras Communications receives only a percentage of the sale of said Work, this percentage
determined by RCC’s agreement with the Bookstores. Author’s Royalties from sales from Bookstores shall be
determined with Author’s percentages being calculated from the amount RCC receives from the Bookstore.
4. Through out this section of the agreement; Author’s royalties shall be subject to an accounting fee of the lesser of
10% of Royalties or $100.00 per quarter (which RCC hereby waives for the first 3 year term of this agreement) and
wire transfer fees of the actual amounts charged by RCC’s financial institution and/or Author’s financial institution per
transfer (which Author may avoid by accepting RCC’s check for payment.) Author allows RCC to deduct from
payments owed to Author amounts which Author owes to RCC and to pay Author the net amount. All payments
hereunder shall be in Unites States Dollars and shall be payable to Author at the address in the United States of
America at the end of this agreement or any other such address as Author designates to RCC in writing 30 days or
more prior to payment being due.
F. Rights Assignablity. Rose Contreras Communications is a sole proprietorship. Author agrees that this agreement
and all or any part of RCC’s rights thereunder may be assigned by RCC to any entity which Rose Contreras owns or
controls in part, or any entity which employs Rose Contreras. Author shall not assign this contract.
G. “Out-of-print”. The Work shall not be deemed "out-of-print" nor shall the edition be exhausted for as long as its
presence remains on the Rose Contreras Communications sites and, if there have been paperback books published,
while there are copies available in inventory in print format. years.
H. Lapses in Web/Computer Services. Rose Contreras Communications shall make reasonable efforts, consistent with
sound business practices as determined in its sole discretion, to keep the publishing site and structure viable at all
times. However, Author and RCC recognize that temporary lapses in all sites’ presence on the Internet or World Wide
Web are inevitable given the technology involved; which technology Author acknowledges may be beyond the control of
RCC. Therefore, any lapse or lapses occurring through natural or technical causes, whether or not beyond the control
of RCC, and whether or not prompted by upgrades of technology, technology maintenance or technology failure, do not
constitute a breach of this agreement .
I. Warranties and Indemnity: Author hereby indemnifies and agrees to defend Rose Contreras Communications, its
owners, employees, agents, successors, assigns, and privies, natural or corporate, from any breach or claim made
against any of Rose Contreras Communications, its owners, employees, agents, successors, assigns, and privies,
natural or corporate, arising out of or relating to any or all of Author’s warranties made herein. Author initials this
section to acknowledge that s/he has reviewed and understands the warranties throughout this agreement and the
indemnity. This section and the indemnity shall survive and continue even if the agreement is terminated.
J. Right to protect from alleged unauthorized use: If, during the existence of this Agreement, Rose Contreras
Communications determines in its sole discretion that there is any entity making or claiming unauthorized use of the
Work, or any part of it, not limited to its format, characters or situations which RCC determines in its sole business
discretion threatens RCC’s rights in this agreement, Rose Contreras Communications may, at its own cost and expense,
take such legal action as may be required to restrain such wrong or to seek damages. Rose Contreras Communications
shall not have any affirmative duty to take any such action and shall not be liable to the Author should RCC in its sole
discretion determine not to take such action. While RCC has no duty to search for any such alleged unauthorized use
or infringement, should RCC learn of any such alleged unauthorized use or infringement, RCC shall notify Author by
eamil or otherwise and shall additionally notify Author by email or otherwise if it intends to pursue its rights to undertake
legal action as described above within 30 days. Author hereby grants to RCC the rights necessary to investigate any
such allegations of infringement or unauthorized use, to institute and maintain suit arising from or related thereto, to
select and contract with any lawyers and experts, to settle the matter, and to do any ancillary thing necessary to pursue
RCC’s rights granted herein. Author further agrees to cooperate with RCC and its attorneys in any above authorized
litigation or investigation or related action, including without limitation testifying on behalf of RCC, whether or not this
Agreement is otherwise still in effect.
If Rose Contreras Communications chooses not to take such legal or investigatory steps within one month of learning of
said alleged infringement, it shall immediately notify Author by email or otherwise of its decision and shall make any
investigation it has conducted available to Author, without recourse, and Author may undertake such litigation, (but is
not required to do so) at the Author's cost and expense. The party taking the action shall bear all costs and expenses
(including attorney's fees) and: If Rose Contreras Communications initiates and maintains the action, it shall split, 75%
to RCC and 25% to Author any moneys received from such litigation, after expenses; which expenses shall include
without limitation investigation costs, experts, attorneys fees, court costs, travel and related expenses which RCC in its
sole discretion deems reasonable. If Author initiates and maintains the action, Author shall reimburse RCC for any of
its expenses incurred while it was investigating or pursuing the claim, and the recovery thereafter shall be split equally
between Author and RCC.
K. Duration of Agreement: The Duration of this Agreement is three (3) years from the date of RCC signing the
Contract, automatically renewable on a yearly basis, unless either party informs the other of intent to not renew the
agreement as set out herein; unless the Work is listed at Fictionwise in which case the duration of this contract shall be
5 years from the date the Work is placed at Fictionwise, automatically renewable on a yearly basis, unless either party
informs the other of intent to not renew the agreement as set out herein. Should RCC determine at the end of the
contract period set out in this section that it will not renew the agreement, it shall give Author 30 days written notice. At
the end of the contract period, should Author determine that s/he shall not renew this Agreement, s/he shall give RCC
90 days written notice.
L. Non-performance: Notwithstanding anything in this agreement to the contrary, should sales of the Work be in the
bottom 25% of RCC’s sales for the imprint in which RCC has published Work in any calendar year, then RCC at the end
of the calendar year may in its sole discretion terminate this agreement for non-performance. RCC will notify Author of
its decision to terminate under this section no later than January 15th. If the agreement is terminated under this
section, RCC prior to January 31st, will provide Author with a final accounting ending December 31st of the prior year
and will pay Author all payments owed under this agreement. The contract will be terminated, all intellectual property
rights granted to Rose Contreras Communications shall be returned to the Author and Author may publish the Work
with another publisher beginning January 1.
M. Representations and Further Warranties: Author represents and warrants that s/he is a United States citizen, is not
subject to any withholding requirement from the government of the United States or any agency thereof (including
without limitation the Internal Revenue Service), is not subject to any withholding requirement from the government of
any state of the United States or any agency thereof (including without limitation any agency charged with the collection
of child support) and has provided RCC with Author’s proper social security number and address for the reporting of
payments hereunder to the appropriate governmental bodies. Author’s social security number:
________________________.
N. Cessation of business: If Rose Contreras Communications ceases to do business, it shall notify Author as soon as
practical, upon such notice this Agreement shall be terminated and all intellectual property rights granted to Rose
Contreras Communications shall be returned to the Author. Author may publish the Work with a different publisher
upon return of rights from RCC. RCC shall pay any royalties due for said Work as soon allowed by a final judgment (if
there be litigation) or within 60 days of cessation of business. Payment of royalties due under this agreement shall be
Author’s sole remedy for cessation of business.
O. RCC’s Obligations: RCC shall use reasonable efforts which in its sole discretion promote and publish the Work.
RCC may, but is not obligated to do so by this agreement, place the Work in ebookstores or to expose the Work to
internet or other sales on RCC’s own websites and/or on other than on RCC’s websites; which website(s) may contain a
web address related to one of RCC’s imprints. RCC shall obtain ISBN numbers; but the assignment of an ISBN number
to the Work shall remain in RCC’s discretion. RCC is not responsible for technical issues arising from computer
communications within the internet or world wide web; nor for issues arising from 3rd party software or services.
P. Notices: All official correspondence required by the agreement must be in writing and delivered in person and/or by
mail to Rose Contreras Communications and the Author at their respective mailing address set out herein. Except for
the statements and payments by RCC, which may be made by email (for statements) and electronic deposit (for
payments) and except as specifically allowed by email herein, all notices required hereunder shall be made by certified
mail, return receipt requested. Changes of address must be made in writing and sent via certified or registered mail,
return receipt requested, with copies being mailed to Rose Contreras Communications addressed, "Attention: Records."
Rose Contreras Communications’ address is Rose Contreras Communications, 8002 Echo Wind Street, San Antonio,
Bexar County, Texas 78250. Author’s address is
______________________________________________________________________________________________
__________________________________________________
Author’s banking information shall be provided in writing pursuant to this section before electronic deposits of royalties,
if any, can be paid. Until such time as electronic banking is established, or if electronic banking cannot be reasonably
accomplished by RCC, RCC shall pay royalty payments required by this agreement by check mailed to Author at Author’
s address. Author’s email ______________________ RCC’s email ______________________ Each party shall notify
the other of any change in email address by email prior to the change, or as soon thereafter as practical if email
change is without prior notice. Author’s telephone number is ___________________________.
Q. General provisions: This agreement is made in San Antonio, Bexar County, Texas and is to be performed therein.
It shall be governed by Texas Law. Jurisdiction and venue for any dispute arising hereunder or related hereto shall be
exclusively in a state court of competent jurisdiction in Bexar County, Texas. This Agreement is the sole and only
agreement relating to the Work and no representations not written within it are binding; that is only representations
incorporated within it are binding. This Agreement may only be modified in writing signed by both parties. The parties
agree that faxed copies may be substituted for originals. Labels and headings used herein are for convenience and to
draw the parties’ attention to matters; they are not substantive and shall not modify this agreement. If any part of this
agreement is held invalid by a court of competent jurisdiction, then the parties desire that the remainder be enforced.
THIS IS A LEGALLY BINDING CONTRACT. I HAVE READ, REVIEWED AND UNDERSTAND IT ALL PRIOR TO SIGNING
IT.
SIGNED IN DUPLICATE ORIGINALS on
Date:__________ (to be filled in ONLY by RCC).
AUTHOR:
_______________________________
ROSE CONTRERAS COMMUNICATIONS
By: ________________________________
Its Authorized Representative
in regards to ____TITLE OF WORK___(“Work”):
A. Work is Author’s: Author hereby warrants that the Work the subject of this agreement submitted to Rose Contreras
Communications is completely Author’s original work and was created solely by Author in the Unites States of America.
B. No Prior Publication: Author hereby warrants that the Work has not been previously published, is not currently in the
public domain and that the Author is the sole owner of the Work, with full authority to enter into this contract.
C. Rights to Rose Contreras Communications: Author grants Rose Contreras Communications the right to publish the
Work under the any of its imprints in digital format, including, but not limited to: computer disk, databases and CD-ROM.
Author grants Rose Contreras Communications the right to place said Work in any bookstores, both offline and on, that
Rose Contreras Communications in its sole discretion determines are appropriate, with the express purpose to sell said
Work to the public at a price to be determined by Rose Contreras Communications, in its sole discretion; however Rose
Contreras Communication will not place the Work for free on any such bookstore without the Author's written
permission. Author additionally agrees that Author will not publish and will not license any other entity to publish the
Work and/or all derivatives of the Work in paperback or any other format (except the epublishing herein) unless RCC
does not match within 60 days the terms of any prospective agreement to publish the Work and/or all derivatives of the
Work in paperback or any other format. Author agrees that RCC has a right-of-first-refusal in any and all other
publication of the Work and/or all derivatives of the Work.
D. Copyright, License and Assignment for Use, Pen Name: A Copyright registration of and for the Work shall be
obtained from the United States Copyright Office by Author prior to Rose Contreras Communication publishing the Work
(“Registration”). The Registration shall be in a form acceptable to Rose Contreras Communication prior to RCC having
any obligation to publish the Work in any form. Unless otherwise agreed in writing, Rose Contreras Communications
will, in all versions RCC publishes of the Work, use reasonable efforts to place a copyright notice showing the Author as
the owner and holder of the copyright to the Work.
Author hereby grants to Rose Contreras Communications an exclusive license in the Work sufficient to carry out Rose
Contreras Communications’ publishing rights granted by Author to Rose Contreras Communications in this agreement.
Author additionally grants RCC a license in derivative works and later additions to the extent necessary to carry out this
agreement or the rights of first refusal granted herein. Author additionally grants to Rose Contreras Communications
the right to use Author’s name, image, likeness and biographical information for advertising, promotional and publishing
purposes and to use the material contained within the Work, including without limitation, the characters in the Work,
through their use, simulation or graphic exploitation on or in connection to the Work. To the extent necessary to give
effect to all other rights granted to RCC by Author, moral rights are also assigned and licensed. RCC has the right to
re-title the work. Rose Contreras Communication agrees to use Author’s assumed name (“Pen Name”) in connection
with the work as long as Author provides RCC with documentation satisfactory to RCC that Author may properly and
legally use the Pen Name. Author’s Pen Name is
_________________________________________.
E. Accounting Statements and Royalty Payments:
1. Rose Contreras Communications shall provide annual statements for the Work once the Work has been officially 'for
sale' on the Rose Contreras Communications site in any format or offered for sale by RCC through a partner site or
Bookstore. If this agreement is made during the course of a calendar year, RCC may provide a statement for a partial
year ending December 31st and Annual Statements thereafter. Statements shall account to Author for the number of
units of Work sold on RCC’s websites, RCC’s partner websites and Bookstores, if any. Annual Statements shall also
show any deductions RCC is making from the amount to be paid to Author. Annual Statements shall be delivered to
Author at Author’s email address on or before January 31st for the preceding year. While the Annual Statements will be
the only statements required by this agreement, RCC anticipates that it will additionally prepare quarterly working
statements.
2. When RCC’s quarterly working statements show the Author is due payment on royalties of $25.00 or more in any
quarter; RCC shall pay Author on or before the last day of April for the quarter from January through March; the last
day of July for the quarter from April through June; the last day of October for the quarter from July through September;
and the last day of January for the quarter from October through December; that is, smaller amounts shall be
accounted for in the statements, no payment shall be made to Author until the Work generates a royalty of $25.00 and
shall only be made thereafter in increments of $25.00 which may take more than one statement period to accumulate. If
and when Work is generating payments pursuant to this agreement of $25.00 or more per month, then RCC agrees to
pay those amounts monthly. [Author and RCC hereby agree and amend this paragraph such that the $25.00 “threshold
is deleted and Author requests and RCC agrees to only pay Author when the accumulated amount reaches $100.00.
______ (Author) _______ (RCC)]
3. As Royalties, Rose Contreras Communications shall credit the Author's account forty-percent (40%) of the retail
actual sales price for those Works published electronically on its websites - including CD-ROM, twenty percent (20%) of
the amount RCC actually receives from those digital books sold on our partner websites (eBooks.com, Fictionwise, and
Mobipocket, and any other online bookstore at the discretion of RCC); or twenty percent (20%) of the amount RCC
actually receives for those digital titles that are sold at the "author's discounted price." [Additionally, should RCC
publish the Work as a paperback, then Author shall receive fifteen-percent (15%) of the amount RCC actually receives
for paperback.]
All Works by Author that are sold in any eBookstores or regular, physical “brick and mortar” bookstores (collectively
“Bookstores”) will be sold at the suggested retail price determined by Rose Contreras Communications in its sole
discretion or a price determined by said Bookstore and approved by RCC in its sole discretion. In these bookstore
sales, Rose Contreras Communications receives only a percentage of the sale of said Work, this percentage
determined by RCC’s agreement with the Bookstores. Author’s Royalties from sales from Bookstores shall be
determined with Author’s percentages being calculated from the amount RCC receives from the Bookstore.
4. Through out this section of the agreement; Author’s royalties shall be subject to an accounting fee of the lesser of
10% of Royalties or $100.00 per quarter (which RCC hereby waives for the first 3 year term of this agreement) and
wire transfer fees of the actual amounts charged by RCC’s financial institution and/or Author’s financial institution per
transfer (which Author may avoid by accepting RCC’s check for payment.) Author allows RCC to deduct from
payments owed to Author amounts which Author owes to RCC and to pay Author the net amount. All payments
hereunder shall be in Unites States Dollars and shall be payable to Author at the address in the United States of
America at the end of this agreement or any other such address as Author designates to RCC in writing 30 days or
more prior to payment being due.
F. Rights Assignablity. Rose Contreras Communications is a sole proprietorship. Author agrees that this agreement
and all or any part of RCC’s rights thereunder may be assigned by RCC to any entity which Rose Contreras owns or
controls in part, or any entity which employs Rose Contreras. Author shall not assign this contract.
G. “Out-of-print”. The Work shall not be deemed "out-of-print" nor shall the edition be exhausted for as long as its
presence remains on the Rose Contreras Communications sites and, if there have been paperback books published,
while there are copies available in inventory in print format. years.
H. Lapses in Web/Computer Services. Rose Contreras Communications shall make reasonable efforts, consistent with
sound business practices as determined in its sole discretion, to keep the publishing site and structure viable at all
times. However, Author and RCC recognize that temporary lapses in all sites’ presence on the Internet or World Wide
Web are inevitable given the technology involved; which technology Author acknowledges may be beyond the control of
RCC. Therefore, any lapse or lapses occurring through natural or technical causes, whether or not beyond the control
of RCC, and whether or not prompted by upgrades of technology, technology maintenance or technology failure, do not
constitute a breach of this agreement .
I. Warranties and Indemnity: Author hereby indemnifies and agrees to defend Rose Contreras Communications, its
owners, employees, agents, successors, assigns, and privies, natural or corporate, from any breach or claim made
against any of Rose Contreras Communications, its owners, employees, agents, successors, assigns, and privies,
natural or corporate, arising out of or relating to any or all of Author’s warranties made herein. Author initials this
section to acknowledge that s/he has reviewed and understands the warranties throughout this agreement and the
indemnity. This section and the indemnity shall survive and continue even if the agreement is terminated.
J. Right to protect from alleged unauthorized use: If, during the existence of this Agreement, Rose Contreras
Communications determines in its sole discretion that there is any entity making or claiming unauthorized use of the
Work, or any part of it, not limited to its format, characters or situations which RCC determines in its sole business
discretion threatens RCC’s rights in this agreement, Rose Contreras Communications may, at its own cost and expense,
take such legal action as may be required to restrain such wrong or to seek damages. Rose Contreras Communications
shall not have any affirmative duty to take any such action and shall not be liable to the Author should RCC in its sole
discretion determine not to take such action. While RCC has no duty to search for any such alleged unauthorized use
or infringement, should RCC learn of any such alleged unauthorized use or infringement, RCC shall notify Author by
eamil or otherwise and shall additionally notify Author by email or otherwise if it intends to pursue its rights to undertake
legal action as described above within 30 days. Author hereby grants to RCC the rights necessary to investigate any
such allegations of infringement or unauthorized use, to institute and maintain suit arising from or related thereto, to
select and contract with any lawyers and experts, to settle the matter, and to do any ancillary thing necessary to pursue
RCC’s rights granted herein. Author further agrees to cooperate with RCC and its attorneys in any above authorized
litigation or investigation or related action, including without limitation testifying on behalf of RCC, whether or not this
Agreement is otherwise still in effect.
If Rose Contreras Communications chooses not to take such legal or investigatory steps within one month of learning of
said alleged infringement, it shall immediately notify Author by email or otherwise of its decision and shall make any
investigation it has conducted available to Author, without recourse, and Author may undertake such litigation, (but is
not required to do so) at the Author's cost and expense. The party taking the action shall bear all costs and expenses
(including attorney's fees) and: If Rose Contreras Communications initiates and maintains the action, it shall split, 75%
to RCC and 25% to Author any moneys received from such litigation, after expenses; which expenses shall include
without limitation investigation costs, experts, attorneys fees, court costs, travel and related expenses which RCC in its
sole discretion deems reasonable. If Author initiates and maintains the action, Author shall reimburse RCC for any of
its expenses incurred while it was investigating or pursuing the claim, and the recovery thereafter shall be split equally
between Author and RCC.
K. Duration of Agreement: The Duration of this Agreement is three (3) years from the date of RCC signing the
Contract, automatically renewable on a yearly basis, unless either party informs the other of intent to not renew the
agreement as set out herein; unless the Work is listed at Fictionwise in which case the duration of this contract shall be
5 years from the date the Work is placed at Fictionwise, automatically renewable on a yearly basis, unless either party
informs the other of intent to not renew the agreement as set out herein. Should RCC determine at the end of the
contract period set out in this section that it will not renew the agreement, it shall give Author 30 days written notice. At
the end of the contract period, should Author determine that s/he shall not renew this Agreement, s/he shall give RCC
90 days written notice.
L. Non-performance: Notwithstanding anything in this agreement to the contrary, should sales of the Work be in the
bottom 25% of RCC’s sales for the imprint in which RCC has published Work in any calendar year, then RCC at the end
of the calendar year may in its sole discretion terminate this agreement for non-performance. RCC will notify Author of
its decision to terminate under this section no later than January 15th. If the agreement is terminated under this
section, RCC prior to January 31st, will provide Author with a final accounting ending December 31st of the prior year
and will pay Author all payments owed under this agreement. The contract will be terminated, all intellectual property
rights granted to Rose Contreras Communications shall be returned to the Author and Author may publish the Work
with another publisher beginning January 1.
M. Representations and Further Warranties: Author represents and warrants that s/he is a United States citizen, is not
subject to any withholding requirement from the government of the United States or any agency thereof (including
without limitation the Internal Revenue Service), is not subject to any withholding requirement from the government of
any state of the United States or any agency thereof (including without limitation any agency charged with the collection
of child support) and has provided RCC with Author’s proper social security number and address for the reporting of
payments hereunder to the appropriate governmental bodies. Author’s social security number:
________________________.
N. Cessation of business: If Rose Contreras Communications ceases to do business, it shall notify Author as soon as
practical, upon such notice this Agreement shall be terminated and all intellectual property rights granted to Rose
Contreras Communications shall be returned to the Author. Author may publish the Work with a different publisher
upon return of rights from RCC. RCC shall pay any royalties due for said Work as soon allowed by a final judgment (if
there be litigation) or within 60 days of cessation of business. Payment of royalties due under this agreement shall be
Author’s sole remedy for cessation of business.
O. RCC’s Obligations: RCC shall use reasonable efforts which in its sole discretion promote and publish the Work.
RCC may, but is not obligated to do so by this agreement, place the Work in ebookstores or to expose the Work to
internet or other sales on RCC’s own websites and/or on other than on RCC’s websites; which website(s) may contain a
web address related to one of RCC’s imprints. RCC shall obtain ISBN numbers; but the assignment of an ISBN number
to the Work shall remain in RCC’s discretion. RCC is not responsible for technical issues arising from computer
communications within the internet or world wide web; nor for issues arising from 3rd party software or services.
P. Notices: All official correspondence required by the agreement must be in writing and delivered in person and/or by
mail to Rose Contreras Communications and the Author at their respective mailing address set out herein. Except for
the statements and payments by RCC, which may be made by email (for statements) and electronic deposit (for
payments) and except as specifically allowed by email herein, all notices required hereunder shall be made by certified
mail, return receipt requested. Changes of address must be made in writing and sent via certified or registered mail,
return receipt requested, with copies being mailed to Rose Contreras Communications addressed, "Attention: Records."
Rose Contreras Communications’ address is Rose Contreras Communications, 8002 Echo Wind Street, San Antonio,
Bexar County, Texas 78250. Author’s address is
______________________________________________________________________________________________
__________________________________________________
Author’s banking information shall be provided in writing pursuant to this section before electronic deposits of royalties,
if any, can be paid. Until such time as electronic banking is established, or if electronic banking cannot be reasonably
accomplished by RCC, RCC shall pay royalty payments required by this agreement by check mailed to Author at Author’
s address. Author’s email ______________________ RCC’s email ______________________ Each party shall notify
the other of any change in email address by email prior to the change, or as soon thereafter as practical if email
change is without prior notice. Author’s telephone number is ___________________________.
Q. General provisions: This agreement is made in San Antonio, Bexar County, Texas and is to be performed therein.
It shall be governed by Texas Law. Jurisdiction and venue for any dispute arising hereunder or related hereto shall be
exclusively in a state court of competent jurisdiction in Bexar County, Texas. This Agreement is the sole and only
agreement relating to the Work and no representations not written within it are binding; that is only representations
incorporated within it are binding. This Agreement may only be modified in writing signed by both parties. The parties
agree that faxed copies may be substituted for originals. Labels and headings used herein are for convenience and to
draw the parties’ attention to matters; they are not substantive and shall not modify this agreement. If any part of this
agreement is held invalid by a court of competent jurisdiction, then the parties desire that the remainder be enforced.
THIS IS A LEGALLY BINDING CONTRACT. I HAVE READ, REVIEWED AND UNDERSTAND IT ALL PRIOR TO SIGNING
IT.
SIGNED IN DUPLICATE ORIGINALS on
Date:__________ (to be filled in ONLY by RCC).
AUTHOR:
_______________________________
ROSE CONTRERAS COMMUNICATIONS
By: ________________________________
Its Authorized Representative
| Rose Contreras Communications Author Contract Agreement ( This is the standard contract offered to authors of Orante Catholic Books, Onda Books, and AedenWorlds Sci-Fi ) |
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