eBook Sales Distribution Agreement

Welcome to the eBookMall Sales Agreement. The agreement below says that you own the rights to your eBook, and that eBookMall isn’t responsible if your eBook causes any harm or if someone uses your eBook in a way that was not intended. With eBookMall, you maintain full editorial control over your work and own the copyright. You are simply granting eBookMall the right to distribute your eBook while you still retain all rights to sell your eBook through any additional means of your choosing.

We may amend this Agreement at any time by posting the amended terms on our site. All amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in writing signed by you and eBookMall, Inc.

SALES AGREEMENT

1. PARTIES: This is a distribution agreement ("Agreement") between the owner and/or authorized agent ("Owner") of the eBook or eBooks ("eBook") and eBookMall, Inc. ("eBookMall").
   

2. LICENSE: Owner grants eBookMall a nonexclusive worldwide license to promote and sell the eBook through eBookMall.com.
   

3. RIGHTS: Owner retains all other rights to eBook including full editorial control over eBook and ownership of the copyright. Owner retains the right to publish, license, market, promote, display, sell, transmit, and distribute eBook through any additional methods or websites by any and all electronic means and/or via any other distribution methods. Owner retains the rights to publish eBook as paper book and form agreements with any and all other entities of Owner's choosing. Owner retains ownership of eBook.
   

4. PAYMENTS: eBookMall will pay Owner an amount equal to 50% of the selling price of the eBook for all copies sold through eBookMall.com. eBookMall will maintain accurate records of eBook sales. Payment checks are mailed on a quarterly basis within thirty (30) days following the end of the quarter. Owner will have the option of choosing a minimum payment amount. A payment check will be mailed to Owner when the commission exceeds either $50, $100, or $250. Owner also has the option of choosing No Minimum. In this case, the payment check will be mailed for any commission amount that has been earned during that quarter.
   

5. REFUNDS: In some cases a customer will request a refund for purchased eBook. eBookMall reserves the right to provide refunds to customers who have purchased the eBook. This refund will be documented and deducted from total sales of the eBook, thus reducing the amount paid to Owner by 50% of the selling price of the eBook refunded.
   

6. WARRANTIES: Owner warrants to eBookMall that Owner is the owner and/or authorized agent of the eBook and all related intellectual property and that Owner has full power to make this agreement. Owner guarantees that neither the eBook or any rights or licenses granted by this Agreement will (i) violate any contract by which Owner is bound or any applicable law or regulation or (ii) violate or misappropriate any copyright or other intellectual property rights of any third party. Owner agrees to accept full responsibility for material contained in eBook and shall hold eBookMall harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) related to eBook or material contained in eBook.
   

7. RELATIONSHIP OF PARTIES: eBookMall and Owner are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
   

8. TERM AND TERMINATION: Either party may terminate this Agreement at any time with or without cause upon written notice (or email). eBookMall will provide full payments due up to time of termination of Agreement. eBookMall will pay Owner within thirty (30) days following the end of the last quarter for eBooks sold during that quarter upon termination of Agreement.
   

9. LIMITATION OF LIABILITY: EBOOKMALL SHALL NOT BE LIABLE OR OBLIGATED WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNTS IN EXCESS IN THE AGGREGATE OF THE FEES PAID TO IT WITH RESPECT TO THE APPLICABLE MATERIAL OR FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. EBOOKMALL SHALL NOT BE LIABLE FOR MISUSE OR UNLAWFUL DISTRIBUTION OF EBOOK BY CUSTOMER OR THIRD PARTY. OWNER GUARANTEES THAT EBOOKMALL SHALL NOT BE LIABLE WITH RESPECT TO ANY DAMAGES ASSOCIATED WITH MARKETING, PROMOTING, DISPLAYING, SELLING, TRANSMITTING, AND/OR DISTRIBUTING EBOOK.
   

10. GENERAL: This Agreement shall be governed by the laws of the State of Michigan without regard to conflicts of laws provisions.
    

Printable Agreement

If you have any questions about this agreement please contact us.