Book Hub Agency Agreement
BOOK HUB INC AGENCY AGREEMENT Confidential DRAFT (uncorrected copy)
1. Date.
2. Parties. Book Hub Inc. (Federal Identification Number: 26-3298761), of 903 Pacific Avenue, Suite 207A, Santa Cruz, CA 95063, phone (831) 466-0145, fax (831) 515-5955 email: news@book-hub.com (“AGENT”) and the (“COMPANY”) identified below at paragraph 3.
3. COMPANY. Name: Entity: [ ] Sole Proprietorship [ ] Partnership [ ] Corporation: State of Incorporation ____________________________ Address: City/State/Country/Postal Code: Business Telephone: (---) --- ---- Fax: (---) --- ---- Email address: Website: Social Security or Federal Employer Identification Number:
4. Terms of the Agreement. This agreement shall take effect on the date mentioned at paragraph 1 above and will continue in force through _______________, and thereafter from year to year beginning _________________ (“Anniversary Date”) unless terminated by either party giving written notice to the other party of its desire to terminate this agreement at least 90 days prior to the anniversary date. AGENT may continue and complete any negotiation which was started prior to notification of termination. AGENT agrees to provide proof of any current contract negotiations with a written statement of such, and provide a record to COMPANY within 30 days of any notification of termination.
5. Services. AGENT agrees to use, during the term thereof, due diligence in endeavoring to sell, license, option or otherwise dispose of certain subsidiary rights to all works published by COMPANY whose rights COMPANY controls, subject to COMPANY’s consent.
6. Exclusive Agency. In consideration of Work to be Performed, COMPANY hereby appoints AGENT as COMPANY’s sole and exclusive agency (“Exclusive Agency”), to negotiate for such sales, licenses, options, or disposition of those rights categories (“Rights Categories”) as defined in Appendix A. However, no such disposition or commitment shall be binding without consent of COMPANY.
7. Non-Exclusive Agency. In consideration of Work to be Performed, COMPANY hereby appoints AGENT as COMPANY’s non-exclusive agency (“Non-Exclusive Agency”), to negotiate for such sales, licenses, options, or disposition of those rights categories (“Rights Categories”) as defined in Appendix B. However, no such disposition or commitment shall be binding without consent of COMPANY.
For the purposes of this Agreement Non-Exclusive Agency means that without COMPANY directing AGENT to do so, AGENT may or may not undertake to represent COMPANY in one or more of the rights categories. If Confidential DRAFT
AGENT so undertakes and if AGENT succeeds in bringing COMPANY a contract which COMPANY accepts, the AGENT is then entitled to commissions as defined in Appendix B.
In this connection COMPANY further agrees that if COMPANY directs AGENT to represent COMPANY on a specific title in one or more of the “Non-Exclusive” rights categories and AGENT agrees to represent COMPANY and commence doing so, then for the rights category and for the title AGENT shall be deemed to be COMPANY’s Agent and shall be entitled to commission on any such sales whether it results from AGENT’s efforts or otherwise. Agreement shall be communicated in writing by both parties.
CALL DAN HADLEMAN, PRESIDENT, BOOK HUB INC FOR ENTIRE CONTRACT INCLUDING SECTIONS 8-31, AT 831-466-0145
32. Execution. Executed at Santa Cruz, California on the date set forth at paragraph 1 above.
INDEPENDENT REPRESENTATIVE: Book Hub Inc. By: ________________________________________ Name/Title: COMPANY: By: ________________________________________ Name/Title:
Confidential DRAFT
Appendix A
EXCLUSIVE AGENCY Rights Categories Commission
I. A. Hardcover licensing. 10% B. Trade Paper licensing. 10% C. Paperback licensing. 10% D. Electronic Media licensing. 25% E. Audio Book licensing, unabridged, abridged, selection, or excerpt. 10%
II. A. Foreign licensing of volume rights. 20% B. Foreign newspaper and/or magazine placements when sold separately from volume rights. 20%
III. A. U.S. or Canadian dramatic, motion picture, television, or other performance rights. 10%
IV. A. Book Clubs licensing. 10%
1. Date.
2. Parties. Book Hub Inc. (Federal Identification Number: 26-3298761), of 903 Pacific Avenue, Suite 207A, Santa Cruz, CA 95063, phone (831) 466-0145, fax (831) 515-5955 email: news@book-hub.com (“AGENT”) and the (“COMPANY”) identified below at paragraph 3.
3. COMPANY. Name: Entity: [ ] Sole Proprietorship [ ] Partnership [ ] Corporation: State of Incorporation ____________________________ Address: City/State/Country/Postal Code: Business Telephone: (---) --- ---- Fax: (---) --- ---- Email address: Website: Social Security or Federal Employer Identification Number:
4. Terms of the Agreement. This agreement shall take effect on the date mentioned at paragraph 1 above and will continue in force through _______________, and thereafter from year to year beginning _________________ (“Anniversary Date”) unless terminated by either party giving written notice to the other party of its desire to terminate this agreement at least 90 days prior to the anniversary date. AGENT may continue and complete any negotiation which was started prior to notification of termination. AGENT agrees to provide proof of any current contract negotiations with a written statement of such, and provide a record to COMPANY within 30 days of any notification of termination.
5. Services. AGENT agrees to use, during the term thereof, due diligence in endeavoring to sell, license, option or otherwise dispose of certain subsidiary rights to all works published by COMPANY whose rights COMPANY controls, subject to COMPANY’s consent.
6. Exclusive Agency. In consideration of Work to be Performed, COMPANY hereby appoints AGENT as COMPANY’s sole and exclusive agency (“Exclusive Agency”), to negotiate for such sales, licenses, options, or disposition of those rights categories (“Rights Categories”) as defined in Appendix A. However, no such disposition or commitment shall be binding without consent of COMPANY.
7. Non-Exclusive Agency. In consideration of Work to be Performed, COMPANY hereby appoints AGENT as COMPANY’s non-exclusive agency (“Non-Exclusive Agency”), to negotiate for such sales, licenses, options, or disposition of those rights categories (“Rights Categories”) as defined in Appendix B. However, no such disposition or commitment shall be binding without consent of COMPANY.
For the purposes of this Agreement Non-Exclusive Agency means that without COMPANY directing AGENT to do so, AGENT may or may not undertake to represent COMPANY in one or more of the rights categories. If Confidential DRAFT
AGENT so undertakes and if AGENT succeeds in bringing COMPANY a contract which COMPANY accepts, the AGENT is then entitled to commissions as defined in Appendix B.
In this connection COMPANY further agrees that if COMPANY directs AGENT to represent COMPANY on a specific title in one or more of the “Non-Exclusive” rights categories and AGENT agrees to represent COMPANY and commence doing so, then for the rights category and for the title AGENT shall be deemed to be COMPANY’s Agent and shall be entitled to commission on any such sales whether it results from AGENT’s efforts or otherwise. Agreement shall be communicated in writing by both parties.
CALL DAN HADLEMAN, PRESIDENT, BOOK HUB INC FOR ENTIRE CONTRACT INCLUDING SECTIONS 8-31, AT 831-466-0145
32. Execution. Executed at Santa Cruz, California on the date set forth at paragraph 1 above.
INDEPENDENT REPRESENTATIVE: Book Hub Inc. By: ________________________________________ Name/Title: COMPANY: By: ________________________________________ Name/Title:
Confidential DRAFT
Appendix A
EXCLUSIVE AGENCY Rights Categories Commission
I. A. Hardcover licensing. 10% B. Trade Paper licensing. 10% C. Paperback licensing. 10% D. Electronic Media licensing. 25% E. Audio Book licensing, unabridged, abridged, selection, or excerpt. 10%
II. A. Foreign licensing of volume rights. 20% B. Foreign newspaper and/or magazine placements when sold separately from volume rights. 20%
III. A. U.S. or Canadian dramatic, motion picture, television, or other performance rights. 10%
IV. A. Book Clubs licensing. 10%