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:

i) share the Work with other websites, selected by the Publisher, in its sole discretion, as long as the Work is presented in Lit Pot format for the purpose of providing a wider exposure to the Publisher and the work of its authors. 'Lit Pot Format' is defined as: Lit Pot's logo, ort other form of appropriate credit or acknowledgement, as defined (without limitation) at Paragraph 2, must appear on the webpage, as well as the Author's byline, and link back to the original publication webpage and the Author's bio; and

ii) distribute the Work or samples of the Work via e-mail. for the purpose of providing a wider exposure to the Publisher and the work of its authors.

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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