Distribution Agreement
Last Updated: January 1, 2024
This Book Distribution Agreement is between you (“the Author”) and HFC Publishers LLC, located at 1201 North Market Street Suite 111-G25, Wilmington, DE 19801, USA.
HFC Publishers LLC reserves the right to periodically update the Book Distribution Agreement. Authors, by utilizing the HFC Publishers LLC website and availing book distribution services, acknowledge and are bound by this Book Distribution Agreement. Continued use of the service following the agreement changes implies acceptance of the updated terms.
This contract was concluded for the following purposes:
1. Distribution Rights:
- The author, herein referred to as the "Author," grants HFC Publishers LLC the exclusive right to distribute the Author's titles in paperback format globally. This distribution will primarily take place through HFC Publishers LLC's designated E-store.
- HFC Publishers LLC is authorized to charge the book's selling price at the time an order is placed. Following the deduction of taxes and fulfillment costs, HFC Publishers LLC will retain 30% of the final book sale price. This financial arrangement is applicable throughout the Term of the Agreement.
- Only books that have been officially published by HFC Publishers LLC will be considered eligible for sale on HFC Publishers LLC's E-store. This condition ensures that the E-store exclusively features works associated with HFC Publishers LLC.
- Despite granting distribution rights to HFC Publishers LLC, the Author maintains complete and unrestricted worldwide copyright ownership over their works. This means that the Author retains control over how their content is used, adapted, or reproduced beyond the scope of the distribution rights granted to HFC Publishers LLC.
2. Termination:
The agreement may be terminated by either the Author or HFC Publisher upon providing a written notice of 30 days. Following termination, any unsold books held by HFC Publishers LLC will be returned to the Author, and the title will be removed from HFC Publishers LLC's E-store.
3. Term:
This Agreement is initially valid for one year from the date of signing and will automatically renew without prior notice unless either party provides a 30-day notice before the expiration of the term.
4. Author's Obligations:
Facilitate the promotion of the author's books as well as HFC Publishers LLC's platform by employing mutually agreed-upon language and trademark usage.
Additionally, acknowledge the predetermined compensation arrangement, wherein HFC Publishers LLC will receive a 30% share after deducting applicable taxes for the distribution of the books through HFC Publishers LLC's E-store.
Authors are required to actively contribute to maintaining and enhancing the positive reputation of HFC Publishers LLC. This involves conducting themselves in a professional and ethical manner when interacting with the platform, its partners, and fellow authors. This obligation encompasses refraining from engaging in activities that could tarnish the image of HFC Publishers LLC and complying with the established guidelines and standards set forth by the platform. Upholding the good name of HFC Publishers LLC reflects not only on individual authors but also contributes to fostering a positive and trustworthy environment within the broader literary community associated with the platform.
5 Author's Rights:
Each month, HFC Publishers LLC will ensure the timely remittance of revenues collected through its established financial partnerships. The Author will receive the earnings 70%, with HFC Publishers LLC deducting fulfillment costs and taxes from the total amount before transferring the funds. This streamlined process ensures a transparent and efficient financial arrangement between the parties involved.
The author retains the freedom to distribute their book through alternative channels, such as their own website, in addition to any arrangements made with HFC Publishers LLC.
6. Disputes:
This Author Agreement shall be governed by the laws of the State of Delaware. Disputes shall be settled through arbitration following the rules of the American Arbitration Association, and the judgment rendered may be entered in any court with jurisdiction.
7. Indemnities:
To shield HFC Publishers LLC from potential legal claims, Authors undertake to indemnify, defend, and hold harmless HFC Publishers LLC and its representatives from various claims, including those related to unsatisfactory work, ownership, libel, slander, plagiarism, privacy violations, copyright infringement, and similar issues.
8. Confidentiality:
Unless compelled by a court order or subpoena, both parties are obligated to maintain the confidentiality of the terms outlined in this agreement. They are prohibited from divulging any provisions or information obtained through this agreement to third parties. However, disclosure to an accountant or attorney is permissible, provided that such professionals agree to abide by the terms of this agreement and that the disclosure is for the purpose of seeking advice or guidance.
9. Force Majeure:
Neither party shall be deemed in default or held liable for any delay or failure in performance under this Agreement if such delay or failure results from factors beyond the control of the party, including but not limited to acts of God, governmental actions, war, terrorist acts, insurrection, natural disasters, labor strikes, or any other causes similar or dissimilar.
10. Warranties:
The Author solemnly asserts their role as the sole creator and copyright holder of the work. A commitment against plagiarism, ensuring the absence of real events or persons in fictional content that could be deemed libelous, and a pledge to accuracy in nonfiction content form the crux of the Author's warranties. Furthermore, the Author confirms that the work steers clear of infringing upon the copyrights, trademarks, or privacy of any third party. The Author confirms that he is aware of the AI Policy of HFC Publishers LLC. The Author also declares ownership of any trademarks and/or trade names linked to the work. Importantly, the Author guarantees that the work doesn't fall under the categories of obscenity or hate literature, affirming the right to enter. If the process of preparing the book involves the utilization of any form of artificial intelligence, it is imperative to clearly disclose this fact. Copyright protection is granted solely to works authored by human individuals, and as such, it is crucial to make a transparent declaration if any AI assistance is employed in the book's creation. In the event of copyright infringement, as a result of which HFC Publishers LLC is held liable, The Author will be responsible for all damages: pecuniary and non-pecuniary; direct and indirect, incl. those related to third-party claims of copyright infringement.