![]() Congratulations! Your work has been chosen to be published in Ink Pot and or Lit Pot . Please read your contract carefully, and sign one copy and return in the enclosed envelope. Keep a copy for your records.We appreciate your work, and thank you for allowing us to share it with the public. LIT POT PRESS, INC. AGREEMENT
dated _______________, between the parties: Lit Pot Press, Inc. (aka Literary Potpourri) (the "Publisher"), and _ _ _____________________(the "Author"), when signed below by the parties, has been entered into as a legally binding agreement with regard to the use of the Author's work entitled ________(the "Work") by the Publisher: 1. The Author
sells, grants, assigns and transfers to the Publisher the following rights to
the Work for consideration, the sufficiency of which is hereby acknowledged,
including the payment set forth in Section 3 of this Agreement and the
Publisher’s agreement to publish the Work as provided herein: a. Exclusive worldwide English language rights to publish and distribute (see 1.d, below) the Work in INK POT, a
print quarterly journal published by the Publisher. b. Exclusive
electronic rights to publish and distribute (see 1.c, below) the Work from
the date of the Publisher's acceptance for publication until 30 days counted
from the date of publication on the Publisher's website, which date shall be
solely determined by the Publisher. The Author will not publish the Work in
any other Internet website or any other form of electronic media during this
period. c. Non-exclusive
electronic rights to publish and distribute (see 1.c, below) the Work after
the initial thirty day period expires. The Publisher can continue indefinitely
to publish the Work on its website and to distribute it. Example: The right to archive the Work on the
Publisher’s website, and to re-use, re-feature, re-freshen on the website (as
in ‘a retrospective’ or ‘award nominations’ or as in the case of graphics, to
enhance Publisher’s website.) d. Non-exclusive
rights to publish the Work in any future print anthology including without
limitation such possible future Lit Pot Press, Inc. published books such as
“The Best of Lit Pot,” “Debuts,” or any other related book of Ink Pot/Lit
Pot past contributors. Two copies of
any such books would automatically be paid to the Author. The Author may sell the Work to other anthology
markets (but not any electronic anthologies prior to the expiration of the
exclusivity period described in 1.a, above). e. The right to
distribute the Work allows the Publisher to: f. All exclusive rights granted Publisher
shall expire if not excercised within one year of the date of this Agreement. . 2. If the Work is published in or
distributed to any other medium, whether in
electronic, print or other form, subsequent to the expiration of the
exclusive period for publication on the Publisher's website, , the Author
agrees to use best efforts to ensure
that the Publisher is appropriately credited as the original source of
publication. Appropriate forms of crediting include written mention of the
Publisher's name and its web address (www.literarypotpourri.com), a link to Publisher’s website, and credit
for inclusion in any electronic or print anthology or collection in which the
Work may appear pursuant to paragraph
1.d. 3. The Publisher, as
its only and final compensation to the Author for the rights as described in
paragraph 1, above, agrees to pay the Author a.
one-time payment of US $_______ b.
OR 2 Copies of any print
anthology in which the Work appears; c. OR 1 copy of
the print anthology as described in
the Guidelines at the Literary Potpourri Website, as a “Gift Option”
(donating one copy back to Lit Pot Press, Inc.). Author’s Choice (a, b, c)__________ Author’s
initials_____________ and d. Fifty-percent
(50%) of any fee the Publisher
obtains from distributing the Work
with any other Website(s), per the rights granted in paragraph 1.c, above,
net of ordinary costs associated with the negotiation and implementation of
distribution arrangement. No payment will be due the Author if the
Publisher's applicable distribution
arrangement does not involve monetary
compensation. The timing of this payment to the Author will be determined by
the Publisher, but will be issued no later than six months from the date when
the other Website makes payment to the Publisher. Unless otherwise specified herein,
the Publisher is not responsible for any expenses or other costs the Author
may have incurred in the writing or delivery or editing of the Work. 4. The Author
hereby certifies that the following statements are true: a. The Author is
the sole author of the Work, and owns the rights which the Publisher is
purchasing through this Agreement (except for any material from previously copyrighted
works identified in accordance with item d, below); b. The Author has
the full power and authority to make this Agreement and to sell, grant,
assign and transfer the rights granted herein; c. The Work does
not contain any scandalous, libelous, defamatory, or unlawful matter; d. The Author has
presented to the Publisher, in writing, permission to use any statements,
quotes, or other material included in the Work that has been copied from any
other Work, book, song, or any other published or unpublished work of which
the Author does not own the copyright. 5. The Publisher
is not liable to the Author or any third parties for any compensation related
to the Work, or its publication in the Publisher's website, or any actions
arising out of such publication or failure to do so, beyond the specific
terms of this Agreement. 6. This Agreement
will be governed by the substantive laws of California. Any litigation
arising from or relating to this Agreement will be filed and prosecuted
before any court of competent subject matter jurisdiction in San Diego,
California. Author consents to the
personal jurisdiction of such courts , stipulates to the convenience,
efficiency and fairness of proceeding in such courts, and covenants not to
allege or assert the inconvenience, inefficiency or unfairness of proceeding
in such courts, or to otherwise contest the jurisdiction of the Courts of
California. Author agrees that any action initiated by Author in connection
with this Agreement shall be brought in a court of competent jurisdiction in
San Diego California. This Agreement may be executed in counterparts with the
same force and effect as if each of the signatories had executed the same
instrument and by electronic signature in conformity with applicable federal
law and the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have made, entered into and executed this Agreement as an instrument under seal as of the date first written above. LIT POT PRESS, INC. AUTHOR/GRAPHIC ARTIST ----------------------------------------------- (sign)---------------------------------------------------------------------- Beverly Jackson (print name)----------------------- Publisher Author/Graphic Artist 3909 Reche Rd. #132 Address for payment:______________________________ Fallbrook, CA 92028 _______________________________ (760) 731 3111 Telephone:______________________________ |
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