RedmundPro Publishing Program

RedmundPro Publishing Program

These Terms and Conditions were last modified on 07NOV14, effective immediately regardless of notice. Sections modified: 5.4.8. Unclaimed Royalties; Addition of 5.4.9. Royalty Reporting for Charity Authors

Redmund Productions, LLC Terms and Conditions

This agreement (the “Agreement”) is a binding agreement between the individual or entity identified in your Redmund Productions, LLC (“Redmund”) account.

This Agreement provides the terms and conditions of your participation in the REDMUND publication and distribution program (the “Program”), including distribution of print and digital content.

 

Any version of this Agreement in a language other than English is provided for convenience and the English language version will control if there is any conflict. Given the importance of this Agreement, we encourage you to study it carefully. We welcome feedback on this Agreement at http://Redmondpro.com/contact/

1.      Agreement Acceptance

You accept this Agreement and agree to be bound by its terms by either (a) clicking agree or accept where you’re given the option to do so or (b) by using the Program, or any part of it. If you don’t accept the terms, you are not entitled to use the Program.

2.     Agreement Amendment.

The Program will change over time and the terms of this Agreement will need to change over time as well. We reserve the right to change the terms of this Agreement at any time in our sole discretion. We will give you notice of the changes by posting new terms in place of the old at http://Redmundpro.com/Program with a revision date indicated at the top or by sending an email to the email address then registered for your Program account. The following are the rules for when changes will be effective and binding on you:

2.1.   Changes to Agreement Terms Other than Those in Sections 5.4.1 (Royalties) and 5.5 (Grant of Rights)

Changes to terms of this Agreement other than those contained in Section 5.4.1 (Royalties) and 5.5 (Grant of Rights) will be effective on the date we post them, unless we otherwise provide at the time we post the changes. You are responsible for checking for updates and your continued use of the Program after we post changes will constitute your acceptance of the changes. If you do not agree to the changes, you must withdraw your Manuscript(s) from further distribution through the Program and terminate your use of the Program.

2.2.  Changes to the Terms of Sections 5.4.1 (Royalties) and 5.5 (Grant of Rights).

Changes to terms of this Agreement contained in Sections 5.4.1 (Royalties) and 5.5 (Grant of Rights) will be effective and binding on you on the date 30 days from posting or on the date you accept the changes, whichever first occurs. You accept the changes by either (a) clicking agree or accept where you’re given the option to do so or (b) by using the Program to make additional Manuscript(s) available through the Program. Changes to the terms of Sections 5.4.1 and 5.5 will only apply prospectively with respect to Manuscript(s) sold after the date thirty days from our posting of the changes, unless you accept the changes as provided above. If you do not accept the changes, you must withdraw your Manuscript(s) from further distribution through the Program and terminate your use of the Program prior to the date thirty days from our posting of the changes. Note that we may make acceptance of changes a condition to continued use of the Program.

3.     Term and Termination

The term of this Agreement will begin upon your acceptance of it and will continue until it is terminated by us or by you. We are entitled to terminate this Agreement and your access to your Program account at any time. We will notify you upon termination. You are entitled to terminate at any time by providing us notice of termination, in which event we will cease selling your Manuscript(s) within 5 business days from the date you provide us notice of termination. We may also suspend your Program account at any time with or without notice to you, for any reason in our discretion. Following termination or suspension, we may fulfill any customer orders for your Manuscript(s) pending as of the date of termination or suspension, and we may continue to maintain digital copies of your Manuscript(s) in order to provide continuing access to or re-downloads of your Manuscript(s) or otherwise support customers who have purchased a Manuscript prior to termination or suspension. The following provisions of this Agreement will survive termination of this Agreement: Sections 1, 3, 5.4, 5.5, 5.6, 5.7, 5.8, 6, 7, 8, 9, 10, and any other provisions that, by their nature, are intended to survive. All rights to Manuscript(s) acquired by customers will survive termination.

4.     Account Eligibility and Registration

4.1.   Eligibility

You must have an active Program account in order to participate in the Program. You represent that you are at least the legal age of majority and that you are able to form a legally binding contract. A parent or guardian of a minor can open a REDMUND account and be the Publisher of the minor’s Digital Book.

4.2.  Account Information; No Multiple Accounts

You must ensure all information you provide in connection with establishing your Program account, such as your name, address and email, is accurate when you provided it, and you must keep it up to date as long as you use the Program. You may maintain only one account at a time. If we terminate your account, you will not establish a new account. You will not use false identities or impersonate any other person or use a username or password you are not authorized to use. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify account information you provide. You also consent to us sending you emails relating to the Program and other publishing opportunities from time to time. This takes precedence over any directions you may have given us, including through the REDMUND website.

4.3.  Account Security

You are solely responsible for safeguarding and maintaining the confidentiality of your account username and password and are responsible for all activities that occur under your account, whether or not you have authorized the activities. You may not permit any third party to use the Program through your account and will not use the account of any third party. You agree to immediately notify REDMUND of any unauthorized use of your username, password or account.

5.     Manuscript Distribution Rights.

5.1.   Delivery, Acceptance and Withdrawal.

5.1.1.      Delivery

You must provide to us, at your own expense each Manuscript you desire to distribute through the Program. We will not return to you any electronic files or physical content or media you deliver to us in connection with the Program. You must deliver all electronic files free and clear of viruses, worms and other potentially harmful or disrupting code.

5.1.2.     Content Requirements

You must ensure that all content complies with our Program Policies at the time you submit it to us. We are entitled to remove or modify the metadata and product description you provide for your manuscripts for any reason, including if we determine that it does not comply with our content requirements. Cover Art submitted with manuscripts may or may not be accepted. You may not include in any manuscript any advertisements or other content that is primarily intended to promote products or services. You must ensure all metadata you provide to us is current, complete and accurate. If you discover that any metadata you have provided to us for a manuscript is inaccurate or incomplete, you must promptly submit corrected metadata to us through a Redmund Editor for metadata submission.

5.1.3.     Manuscript Rejection

We are entitled to determine what content we accept and distribute through the Program in our sole discretion. If we request that you provide additional information relating to your manuscript, such as information confirming that you have all rights required to permit our distribution of the Manuscript(s), you will promptly provide the information requested, and you represent and warrant that any information and documentation you provide to us in response to such a request will be current, complete, and accurate. You authorize us, directly or through third parties, to make any inquiries we consider appropriate to verify your rights to permit our distribution of the Manuscript(s) and the accuracy of the information or documentation you provide to us with respect to those rights.

5.1.4.     Manuscript Withdrawal

You may withdraw your Manuscript(s) from further sale in the Program at any time on fifteen business days advance notice by following the then current Program procedures for Manuscript withdrawal or un-publishing. We may fulfill any customer orders completed through the date the Manuscript(s) are available for sale. All withdrawals of Manuscript(s) will apply prospectively only and not with respect to any customers who purchased the Manuscript(s) prior to the date of removal.

5.1.5.     Reformatting

We may, in our discretion, reformat your Manuscript(s), and you acknowledge that unintentional errors may occur in the process of reformatting of your Manuscript(s). If any such errors do occur, you may remove the affected Manuscript from further sale in the Program as provided in Section 5.1.4 above, and this will be your only remedy for the errors. We may also, in our discretion, correct any errors existing in a Manuscript file as you deliver it to us.

5.2.   Marketing and Promotion, Optional Programs and Services

5.2.1.     Marketing and Promotion

We will have sole discretion in determining all marketing and promotions related to the sale of your Manuscript(s) through the Program and may, without limitation, market and promote your Manuscript(s) by making chapters or portions of your Manuscript(s) available to prospective customers without charge, and by permitting prospective customers to see excerpts of your Manuscript(s) in response to search queries. We will not owe you any fees for any marketing or promotional efforts. You acknowledge that we have no obligation to market, distribute, or offer for sale any Digital Book, or to continuing marketing, distributing or selling a Manuscript after we have commenced doing so.

5.2.2.    Optional Programs and Services

We may make available to you optional programs and services through REDMUND. Terms and conditions for those optional programs and services are included at the end of this Agreement. Those terms and conditions are part of this Agreement.

5.3.  Pricing

5.3.1.     Providing Your List Price

You will negotiate a price through a Redmund Editor for each Manuscript you submit to us. The list price you provide will be exclusive of value-added or similar taxes that are included within the customer purchase price of a product (“VAT”). The VAT-exclusive list price you provide to us is referred to in this Agreement as your “List Price”. If we display a list price to customers, we may add applicable VAT to the List Price you provide to determine the list price that we display. You may request a change to your List Price for Digital Books through a Redmund Editor, and your change will be effective within five (5) business days. Such changes are only available without cost prior to final approval of Print Book. Subsequent price changes will incur a US$30.00 fee and your Print Book will not be available for up to fourteen (14) days from the date of price change approval.

5.3.2.    Customer Prices

To the extent not prohibited by applicable local laws, we have sole and complete discretion to set the retail customer price at which your Manuscript(s) are sold through the Program. We are solely responsible for processing payments, payment collection, requests for refunds and related customer service, and will have sole ownership and control of all data obtained from customers and prospective customers in connection with the Program.

List Price may be adjusted periodically to accommodate discounts for third party distribution channels to include, but not be limited to, online brokerages, physical bookstores and retail booksellers on the Internet and/or physical storefronts. You may opt out of any third party placement.

5.4.  Royalties and Payments.

5.4.1.     Royalties

If you are not in breach of your obligations under this Agreement, for each Manuscript sold to a customer through the Program, Redmund will pay you the applicable Royalty set forth in the Pricing Addendum, net of refunds, bad debt, and any VAT, sales or other taxes charged to a customer or applied with respect to sales to a customer. If your List Price for a Manuscript is higher than permitted under the Pricing Addendum, we will be entitled to deem it modified so that it is equal to the maximum List Price permitted when calculating Royalties due to you under this Agreement.

5.4.2.      When We Pay You

Redmund will pay Royalties due on Manuscript sales approximately 30 days (thirty days) following the end of the calendar month during which the sales were made. At the time of payment, we will make available to you an online report or email detailing sales of Manuscript(s) and corresponding Royalties.

5.4.3.    Payment Currencies

All Royalty payments will be made in US Dollars.

5.4.4.    Payment Policies

We may require you to provide certain information or to register a valid PayPal address in your REDMUND account in order to receive Royalty payments, in which case we will not be obligated to make Royalty payments to you unless you do so. We may establish other payment policies from time to time, such as minimum payment amounts for different payment methods and check fees.

5.4.5.    Payment Disputes

You may not bring a suit or other legal proceeding against us with regard to any statement unless you bring it within six months after the date the statement is available. Any such proceeding will be limited to a determination of the amount of monies, if any, payable by us to you for the accounting periods in question, and your sole remedy will be the recovery of those monies with no interest.

5.4.6.      Offsets, etc.

We can withhold Royalties and offset them against future payments as indicated below. Our exercise of these rights does not limit other rights we may have to withhold or offset Royalties or exercise other remedies.

  • If we pay you a Royalty on a sale and later issue a refund, return or credit for that sale, we may offset the amount of the Royalty previously paid for the sale against future Royalties, or require you to remit that amount to us.
  • If a third party asserts that you did not have all rights required to make one of your Manuscript(s) available through the Program, we may hold all Royalties due to you until we reasonably determine the validity of the third party claim. If we determine that you did not have all of those rights or that you have otherwise breached your representations and warranties or our Content Guidelines with regard to a manuscript, we will not owe you Royalties for that Manuscript and we may offset any of those Royalties that were previously paid against future Royalties, or require you to remit them to us.
  • Upon termination of this Agreement, we may withhold all Royalties due for a period of three months from the date they would otherwise be payable in order to ensure our ability to off-set any refunds or other offsets we are entitled to take against the Royalties.
  • If we terminate this Agreement because you have breached your representations and warranties or our Content Guidelines, you forfeit all Royalties not yet paid to you. If after we have terminated your account you open a new account without our express permission, we will not owe you any Royalties through the new account.

5.4.7.     Taxes

Redmund is responsible for collecting and remitting any and all taxes imposed on their respective sales of Manuscript(s) to customers. You are responsible for any income or other taxes due and payable resulting from payments to you by Redmund under this Agreement. Accordingly, unless otherwise stated, the amounts due to you hereunder are inclusive of any taxes that may apply to such payments. Redmund maintains the right, however, to deduct or withhold any and all applicable taxes from amounts due by them to you, and the amounts due, as reduced by those deductions or withholdings, will constitute full payment and settlement to you.

5.4.8. Unclaimed Royalties

In the event, royalties are paid to you which you do not accept payment thereof within ninety (90) calendar days from the date of payment, such royalties are deemed forfeit and offer of payment is effective withdrawn. In the event of death and appropriate submission of probate documents avering survivorship, this section will be suspended for the term of ninety (90) days (total of one-hundred-eighty [180] days from date of payment) to account for probate. Reporting of royalties for forfeit royalties will cease at the time of forfeiture.

5.4.9. Royalty Reporting for Charity Authors

Authors whose royalties are donated to charity will not receive a royalty report except upon written request to the Publishing Editor via the Contact Us page of the website. The provided royalty report will state the total number of manuscript(s) sold and royalty amount for the past quarter. Such royalty reports may be requested up to thirty (30) days after the end of the quarter. Requests for older royalty reports will not be fulfilled. All access to royalty reports previously provided will be withdrawn on 01JAN15.

5.5.  Grant of Rights

You grant to REDMUND, throughout the term of this Agreement, a nonexclusive, irrevocable, right and license to distribute Manuscript(s), directly and through third-party distributors, in all print and digital formats by all print and digital distribution means available. This right includes, without limitation, the right to: (a) reproduce, index and store Manuscript(s) on one or more computer facilities, and reformat, convert and encode Manuscript(s); (b) display, market, transmit, distribute, sell and otherwise make available all or any portion of Manuscript(s), for customers and prospective customers to download, access, copy and paste, print, annotate and/or view online and offline, including on portable devices; (c) permit customers to “store” Manuscript(s) that they have purchased from us on servers (“Virtual Storage”) and to access and re-download such Manuscript(s) from Virtual Storage from time to time both during and after the term of this Agreement; (d) display and distribute (i) your trademarks and logos in the form you provide them to us or within Manuscript(s) (with such modifications as are necessary to optimize their viewing), and (ii) portions of Manuscript(s), in each case solely for the purposes of marketing, soliciting and selling Manuscript(s); (e) use, reproduce, adapt, modify, and distribute, as we determine appropriate, in our sole discretion, any metadata that you provide in connection with Manuscript(s); and (f) transmit, reproduce and otherwise use (or cause the reformatting, transmission, reproduction, and/or other use of) Manuscript(s) as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g., caching to enable display). You grant us the rights set forth in this Section 5.5 on a worldwide basis; however, if we make available to you a procedure for indicating that you do not have worldwide distribution rights to a print or Digital Book, then the territory for the sale of that Manuscript will be those territories for which you indicate, through the procedure we provide to you, that you have distribution rights.

5.6.  DRM and Geofiltering Technology

We may, but are not obligated, to provide you the option to apply DRM technology in connection with the distribution of your Manuscript(s). If we provide you the option to apply DRM technology, you acknowledge that we make no representations as to the efficacy of the DRM and will not be responsible for any failure of the DRM. We also may, but are not obligated, to use geofiltering technology as a way of determining which customers are entitled to purchase Manuscript(s), for example, where you indicate that you do not have worldwide distribution rights to a Manuscript through the procedure we provide to you for that purpose. If we use geofiltering technology when distributing your Manuscript(s), distribution will be deemed to have taken place within the permitted distribution territories for the Manuscript(s), even though customers may, in fact, be located outside those territories.

5.7.   Rights Clearances and Rights Dispute Resolution

You will obtain and pay for any and all necessary clearances and licenses for the Manuscript(s) to permit our exercise of the rights granted under this Agreement without any further payment obligation by us, including, without limitation, all royalties and other income due to any copyright owner. If you notify us through the procedure we provide on the applicable Redmund Property for making claims of copyright infringement that a third party has made a Manuscript available for distribution through the Program (or for distribution in a particular territory through the Program) that you have the exclusive right to make available under the Program, then, upon your request and after verification of your claim, we will pay you the Royalties due in connection with any sales of the Manuscript through the Program, and will remove the Manuscript from future sale through the Program, as your sole and exclusive remedy.

5.8.  Representations, Warranties and Indemnities

You represent and warrant that: (a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement; (b) prior to you or your designee’s delivery of any content, you will have obtained all rights that are necessary for the exercise the rights granted under this Agreement; (c) neither the exercise of the rights authorized under this Agreement nor any materials embodied in the content nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction; (d) you will ensure that all Manuscript(s) delivered under the Program comply with the technical delivery specifications provided by us; and (e) you will be solely responsible for accounting and paying any co-owners or co-administrators of any Manuscript or portion thereof any royalties with respect to the uses of the content and their respective shares, if any, of any monies payable under this Agreement. To the fullest extent permitted by applicable law, you will indemnify, defend and hold Redmund, its officers, directors, employees, affiliates, subcontractors and assigns harmless from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing.

6.     Ownership and Control of Redmund Properties / Feedback

Subject to the authorizations you grant to us under this Agreement, as between us and you, you retain all ownership rights in and to the copyrights and all other rights and interest in and to your Manuscript(s). We retain all ownership rights in and to the copyrights and all other rights and interests in and to the Program, the Redmund Properties, and any materials we use or provide to you for use relating to your Manuscript. We are solely responsible for, and will have full discretion with respect to the terms, features, and operation of the Program and the Redmund Properties and related marketing, but our use of the Manuscript(s) will be subject to the terms of this Agreement. In the event that you elect to provide suggestions, ideas, or other feedback to Redmund or any of its affiliates in connection with the Redmund Properties or the Program (“Feedback”), Redmund will be free to use and exploit the same in any manner without restriction and without any need to compensate you. This Agreement does not grant you any license or other rights to any intellectual property or technology owned or operated by us or any of our affiliates, including, without limitation, any trademarks or trade names. Nothing in this Agreement restricts any rights we may have under applicable law or a separate permission.

7.     Confidentiality

You will not, without our express, prior written permission: (a) issue any press release or make any other public disclosures regarding this Agreement or its terms; (b) disclose Redmund Confidential Information (as defined below) to any third party or to any employee other than an employee who needs to know the information; or (c) use Redmund Confidential Information for any purpose other than the performance of this Agreement. You may however disclose Redmund Confidential Information as required to comply with applicable law, provided you: (i) give us prior written notice sufficient to allow us to seek a protective order or other appropriate remedy; (ii) disclose only that Redmund Confidential Information as is required by applicable law; and (iii) use reasonable efforts to obtain confidential treatment for any Redmund Confidential Information so disclosed. “Redmund Confidential Information” means (1) any information regarding Redmund, its affiliates, and their businesses, including, without limitation, information relating to our technology, customers, business plans, promotional and marketing activities, finances and other business affairs, (2) the nature, content and existence of any communications between you and us, and (3) any sales data relating to the sale of Manuscript(s) or other information we provide or make available to you in connection with the Program. Redmund Confidential Information does not include information that (A) is or becomes publicly available without breach of this Agreement, (B) you can show by documentation to have been known to you at the time you receive it from us, (C) you receive from a third party who did not acquire or disclose such information by a wrongful or tortious act, or (D) you can show by documentation that you have independently developed without reference to any Redmund Confidential Information. Without limiting the survivability of any other provision of this Agreement, this Section 7 will survive three years following the termination of this Agreement.

8.    Limitation of Liability

THE PROGRAM IS PROVIDED “AS IS.” WE WILL IN NO EVENT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF PROFITS, COST OF COVER OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR RELIANCE DAMAGES ARISING FROM OR IN RELATION TO THIS AGREEMENT, OR FOR ANY EQUITABLE REMEDY OF DISGORGEMENT OR OTHERWISE, HOWEVER CAUSED AND REGARDLESS OF THEORY OF LIABILITY. IN NO EVENT WILL OUR LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES DUE AND PAYABLE BY REDMUND UNDER THIS AGREEMENT FOR THE TWELVE-MONTH PERIOD PRECEDING THE CLAIM. WE SPECIFICALLY DISCLAIM, WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT, ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AUTHOR ACKNOWLEDGES AND AGREES THAT REDMUND CANNOT ENSURE THAT MANUSCRIPT(S) SUBMITTED BY OR ON BEHALF OF AUTHOR WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES REDMUND MAY MAKE APPLICABLE IN CONNECTION WITH USE OF MANUSCRIPT(S), AND REDMUND WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES. REDMUND RELIES ON COMPLEX SYSTEMS AND PROCESSES. WE STRIVE TO MAKE OUR SYSTEMS AND PROCESSES ERROR-FREE AND EFFICIENT, BUT WE CANNOT GUARANTEE THAT THEY WILL BE, AND WE WILL HAVE NO LIABILITY ARISING FROM SYSTEM OR PROCESS FAILURES, INTERRUPTIONS, INACCURACIES, ERRORS OR LATENCIES.

9.     Force Majeure

Redmund will not be liable to you for any failure or delay in the performance of its obligations under this Agreement caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism and labor conditions.

10.General Legal Provisions

10.1.      Disputes

Any dispute or claim relating in any way to this Agreement or REDMUND will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The United States Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 211 E. 7th Street, Suite 620, Austin, TX 78701. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879 (in the United States). Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, REDMUND will not to seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the United States county where you live or at another mutually agreed location. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. You or we may bring suit in court on an individual basis only, and not in a class, consolidated or representative action, to apply for injunctive remedies. You may bring any such suit for injunctive remedies only in the courts of the State of Texas, USA.

10.2.     Applicable Law

The United States Federal Arbitration Act, applicable United States federal law, and the laws of the State of Texas, USA, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and Redmund relating to this Agreement or the Program.

10.3.     Other Legal provisions

This Agreement may not be amended, except in writing signed by both parties or as provided in Section 2 above. If any provision of this Agreement is held invalid by a court or other tribunal with jurisdiction over the parties to this Agreement, that provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect. The parties to this Agreement are independent contractors. Each party will bear its own costs and expenses in performing this Agreement. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of the party’s rights to subsequently enforce the provision. Any Redmund affiliate may join as a party to this Agreement and will notify you if it does. The joining Redmund affiliate will be entitled to exercise the rights you grant under this Agreement. Each Redmund party is severally liable for its own obligations under this Agreement and is not jointly liable for the obligations of other Redmund parties. Neither party may assign any of its rights or obligations under this Agreement, whether by operation of law or otherwise, without the prior written consent of the other, except that (a) Redmund may assign any of its rights and obligations under this Agreement without consent and (b) you may assign all of your rights and obligations under this Agreement to any corporation or other entity without consent in connection with the sale of all or substantially all of your assets, but you must give Redmund written notice of the assignment no later than ten (10) business days following the assignment. Subject to the foregoing limitation, this Agreement will be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. This Agreement constitutes the entire agreement between the parties with respect to its subject matter, supersedes any and all prior or contemporaneous agreements between the parties with respect to its subject matter, and does not confer upon any other person other than the parties any rights or remedies. You consent to the use of electronic means to complete this Agreement and to provide you with any notices we give you in relation to this Agreement. To be effective, any notice given by a party under this Agreement must be in writing and delivered (i) if by a Redmund party, via email, via a posting on the Program website or via a message through your Program account, or (ii), via email to editor@redmundpro.com. Notices will be effective and deemed received on the date transmitted or posted.

Terms and Conditions for Optional Programs and Services
REDMUNDPRO Option Terms and Conditions.

RedmundPro is optional after the first ninety (90) days. You can promote your Manuscript as free for up to two (2) days during each 90–day period, per RedmundPro Promotions section 2.1. Before including your book in RedmundPro, please read these terms and conditions carefully.

1           Exclusivity

When you include a Manuscript in RedmundPro, you give us the exclusive right to sell and distribute your Manuscript in digital and print form for ninety (90) days. During this period of exclusivity, you cannot sell or distribute, or give anyone else the right to sell or distribute, your Manuscript (or a book that is substantially similar), in digital or print format in any territory where you have rights.

2          RedmundPro Benefits

2.1        Free Promotions

You can schedule two free promotions for your Manuscript for a total period of two (2) days during each 90-day period your Manuscript is in RedmundPro. A free promotion is the offering of your Manuscript to customers for a price of zero. You will not receive any Royalties on your Manuscript during a free promotion. Free promotions may not be available for sales to customers in certain countries. If you don’t use all two (2) free promotion days during the 90-day period, you may not roll them over to future periods. Scheduled start times and end times of free promotions are approximate due to potential system latencies. Promotions must be scheduled with a Redmund Editor fifteen (15) days prior to the start of the Promotion.

3          Period of Participation and Automatic Renewal

Publishing with Redmund requires a ninety (90) day period of exclusivity during which time your manuscript will be offered for sale through RedmundPro.com and, on consent, RedmundPro.com. During this period, you agree not to offer your manuscript in any form digital or printed on any other venue. At the expiration of the exclusivity period, Redmund will exclusively carry your manuscript until written notice of severance is received at editor@redmundpro.com. Notice of severance must include author’s name, title and ISBN of publication to be withdrawn, the contact information for the person who will be distributing the publication after the withdrawal, and it must allow fifteen (15) days for publications to be withdrawn from circulation. Anthologies are not eligible for withdrawal by a single author. Orders placed through RedmundPro through the date of withdrawal will be honored and credited to the author’s account in accordance with payment policy in force at the time of the withdrawal. Any future orders will be deleted without being fulfilled. Notice to buying agent will issue the book has been withdrawn. NOTICE: Until such time as the new distributor completes the correct registration, the publication will not be available to buyers.

4          Book Eligibility

We reserve the right to determine the types of Manuscript(s) that we accept in RedmundPro. We can choose not to accept your Manuscript in RedmundPro or to remove it from RedmundPro at any time at our discretion.

5          Your Commitment

Your commitment to these terms and conditions is important, and the benefits we provide to you as part of this option are conditioned on your following through on your commitments. If you un-publish your publication, you must continue to comply with these commitments, including exclusivity, through the remainder of the then-current 90-day period of participation in RedmundPro.

Pricing Page
Royalties

 

70% Royalty Option

     A. Royalty Rate 70% of Digital Book Sales after deduction of refunds

B. Royalty Calculation

The Royalty Rate indicated above, times the amount equal to the Digital Book’s List Price less Delivery Costs, for sales to customers in the Available Sales Territories indicated above.Royalty Rate x (List Price – Delivery Costs) = Royalty

C. Delivery Costs

Delivery Costs are equal to the number of megabytes we determine your Manuscript file contains, multiplied by the Delivery Cost rate listed below.

 US $0.15/MB

We will round file sizes up to the nearest kilobyte. The minimum Delivery Cost for a Manuscript will be US$0.01 for sales in US Dollars.

 

 

70% Royalty Option

     A. Royalty Rate 70% of Print Book Sales after deduction of refunds and production costs

B. Royalty Calculation

The Royalty Rate indicated above, times the amount equal to the Print Book’s Sale Price less Refunds and Production Costs, for sales to customers in the Available Sales Territories indicated above. Royalty Rate x [Sales Price – (Refunds + Production Cost)] = Royalty

C. Production Costs

Production Costs are based on the actual cost to produce the Print Book. Production Costs will be delivered to each RedmundPro Author via his/her private sales page or other digital sales statement. Authors have access to copies of their own Manuscript(s) via a private sales page.

The minimum Production Cost for a Manuscript will be US$2.50 for sales in US Dollars.

 

 

 

Profit Share Anthology

     A. Royalty Rate One share is issued per piece accepted for any profit share anthology.

B. Royalty Calculation

The royalty for each share is an equal portion of the Book’s Sale Price (digital and print) less Refunds and Production Costs, for sales to customers in the Available Sales Territories indicated above. Number of accepted submissions x {[Sales Price – (Refunds + Production or Delivery Cost)]/Total available submission slots} = Royalty

C. Production Costs

Production Costs are based on the actual cost to produce the Print Book. Production Costs will be delivered to each RedmundPro Author via his/her private sales page or other digital sales statement. Authors have access to copies of their own Manuscript(s) via a private sales page.

The minimum Production Cost for a Manuscript will be US$2.50 for sales in US Dollars.

Delivery Costs are equal to the number of megabytes the Anthology file contains, multiplied by the Delivery Cost rate listed below.

 US $0.15/MB

We will round file sizes up to the nearest kilobyte. The minimum Delivery Cost for a Manuscript will be US$0.01 for sales in US Dollars.

Total Available Submission Slots by Publication:

Flash in the Pan: Wave of Emotion 250
Flash in the Pan: Flashes from the Bistro 250
Flash in the Pan: Finding the Path 250