PPG Work-Made-for-Hire Publishing Agreement

Polished Publishing Group (PPG) Work-Made-for-Hire Publishing Agreement v11.1
Updated on June 3, 2019

  1. Parties
    This is a Work-Made-for-Hire Publishing Agreement (“AGREEMENT”) between Polished Publishing Group (“PPG”) of Calgary, Alberta, CANADA, and the author(s) (“SELF-PUBLISHER”) of the book title(s) (“TITLE”) listed below, combined with any additional documents or notices emailed here pursuant to Paragraph 22. The AGREEMENT supercedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between SELF-PUBLISHER and PPG. No modification of this AGREEMENT shall be in effect unless published by PPG on this webpage.
  2. Copyright Ownership
    PPG, together with its various contracted project stakeholders such as writers, editors, illustrators, designers, proofreaders, indexers, voice-over artists, et cetera (“VENDORS”), is an independent contractor. All concepts, ideas, copy, sketches, artwork, electronic files, and any other materials (“WORK”) created by PPG and VENDORS related to this AGREEMENT are being created for use by SELF-PUBLISHER and will become the sole property of SELF-PUBLISHER upon 100% completion of the publishing process and SELF-PUBLISHER’s final signed approval of WORK pursuant to Paragraph 22.
    These rights extend to the use of this WORK in all of SELF-PUBLISHER’s marketing materials, any printable (e.g., paperback, hardcover) versions of TITLE plus all subsequent digital (e.g., .EPUB ebooks, .MOBI ebooks, audiobooks, et cetera) versions (“VERSION” or “VERSIONS”) of TITLE as specified in the PPG invoice associated with this AGREEMENT.
    PPG and VENDORS may display the WORK related to this TITLE in their portfolios or on their websites as is, without any alterations, so long as SELF-PUBLISHER is acknowledged as the copyright owner.
  3. Working and Finished File Storage
    SELF-PUBLISHER will receive all working and finished files related to TITLE upon sending PPG the final signed approval of WORK pursuant to Paragraph 22. SELF-PUBLISHER agrees to retain a copy of these files and is responsible to supply them to PPG if future modifications are required. PPG will not retain a copy of these files following publication.
  4. Commencement of Work
    a. 100% Prepayment and Digital Signature

    All WORK related to TITLE will commence upon PPG’s receipt of one hundred percent (100%) prepayment, the digital signature of this AGREEMENT, and all other files (e.g., text and graphics) required to complete the WORK pursuant to Paragraphs 22 and 27.
    b. Non-refundable Portions of Prepayment
    SELF-PUBLISHER has seven (7) calendar days to cancel this agreement and receive one hundred percent (100%) of the prepayment back. From calendar day eight (8) forward, PPG reserves the right to withhold twenty-five percent (25%) of that prepayment. Any work that has already been completed by any PPG VENDORS up to that point is automatically non-refundable.
  5. AGREEMENT Publishing and Distribution Term
    The rights of PPG, pursuant to Paragraphs 10 and 11, shall extend for the duration of the distribution license as specified in the PPG invoice associated with this AGREEMENT.
    For new projects (two-year license):
    The AGREEMENT publishing and distribution term grants PPG a two-year license for new projects, pursuant to Paragraphs 10 and 11, and begins upon completion of WORK and PPG’s receipt of SELF-PUBLISHER’s final signed approval of WORK pursuant to Paragraph 22.
    For revised projects (one-year or two-year license):
    The AGREEMENT publishing and distribution term grants PPG either a one-year or two-year license for revised projects, pursuant to Paragraphs 10 and 11, and begins upon completion of WORK and PPG’s receipt of SELF-PUBLISHER’s final signed approval of WORK pursuant to Paragraph 22.
    For straight renewals without revisions (one-year or two-year license):
    The AGREEMENT publishing and distribution term grants PPG either a one-year or two-year license for straight renewals without revisions, pursuant to Paragraphs 10 and 11, and begins on the date SELF-PUBLISHER purchases a distribution license renewal from PPG pursuant to Paragraph 22.
  6. Agreement Renewal or Termination by SELF-­PUBLISHER
    PPG will contact SELF-PUBLISHER via email with thirty (30) days’ notice of the end of the AGREEMENT term. SELF-PUBLISHER can renew the AGREEMENT by purchasing a distribution license renewal for an additional one-year or two-year term before the end of the thirty (30) days’ notice.
    If no distribution license renewal is purchased by the deadline date, which is thirty (30) days from the date of the email notice transmission, SELF-PUBLISHER’s TITLE will be removed from PPG distribution list and the rights of PPG, pursuant to Paragraphs 10 and 11, will discontinue. In this event, PPG shall pay all accrued royalty income due to SELF-PUBLISHER at the next scheduled payment time pursuant to Paragraph 15.
    If SELF-PUBLISHER wishes to purchase a distribution license renewal that was previously discontinued by PPG, it will be necessary for SELF-PUBLISHER to re-purchase the license renewal and pay the file resubmission fee from PPG. In this instance, SELF-PUBLISHER is responsible to supply TITLE’s print-ready files to PPG and will, in turn, be sent a .PDF proof of TITLE’s cover and interior for final approval. The new term will begin on the date SELF-PUBLISHER provides final signed approval of the print-ready files for TITLE to PPG in writing pursuant to Paragraph 22.
  7. Agreement Termination by PPG
    PPG reserves the right to terminate this AGREEMENT and discontinue publication of TITLE without cause, by giving thirty (30) days advance written notice to SELF-PUBLISHER, at which point the rights of PPG, pursuant to Paragraphs 10 and 11, shall discontinue. In this event, PPG shall pay all accrued royalty income due to SELF-PUBLISHER at the next scheduled payment time pursuant to Paragraph 15.
    PPG also reserves the right to terminate this AGREEMENT and discontinue publication of TITLE at any time, effective immediately, upon forwarding written notice to SELF-PUBLISHER, if, in PPG’s judgment, TITLE may subject PPG to the risk of litigation and/or other adverse commercial consequences. In this event, PPG shall pay all accrued royalty income due to SELF-PUBLISHER at the next scheduled payment time pursuant to Paragraph 15.
    If such notice is given prior to publication of TITLE by PPG, then PPG will refund all amounts paid by SELF-PUBLISHER to PPG, less any costs incurred for services already provided, pursuant to Paragraphs 4a and 4b, and neither party will have any further obligations to the other except for SELF-PUBLISHER’s warranty and indemnification, pursuant to Paragraphs 20 and 21.
  8. ISBNs & Barcodes
    If SELF-PUBLISHER is producing TITLE for commercial use, then an ISBN is mandatory for all VERSIONS and a barcode is mandatory for printable (e.g., paperback, hardcover) VERSIONS. It is necessary, by law, to have a separate ISBN and corresponding barcode for each format, binding, and VERSION of TITLE.
    PPG will order the ISBN(s) and barcode(s) on SELF-PUBLISHER’s behalf from the country in which SELF-PUBLISHER resides when applicable (and when possible). SELF-PUBLISHER must provide a physical street address to PPG for the ISBN application. PPG will supply SELF-PUBLISHER’s full address and contact information on TITLE’s ISBN application form to ensure the ISBN is linked to the true copyright owner of TITLE.
    If any of SELF-PUBLISHER’s contact information changes following this application, it is SELF-PUBLISHER’s responsibility to notify their nation’s ISBN provider of the change. The ISBN number(s) for TITLE will appear on both the copyright page and back cover for paperbacks and hardcovers, and on the copyright page alone with other VERSIONS. The corresponding bar code will appear on the cover of all paperbacks and hardcovers.
  9. PPG Logos
    SELF-PUBLISHER hereby grants PPG the right to print PPG logos on TITLE’s back cover, spine, copyright page, and/or any other related promotional materials designed by PPG’s VENDORS for TITLE pursuant to pursuant to Paragraph 14a.
  10. Storage, Use, and Transmittal of TITLE’s Finished Files
    a. Right to Store, Use, and Transmit Finished Files of Paperback and Hardcover VERSIONS
    For each printable VERSION of TITLE (e.g., paperbacks, hardcovers) being produced for commercial use, SELF-PUBLISHER hereby grants to PPG and its distributor, Ingram Content Group (“INGRAM”), the right to store, use, and transmit the finished files for TITLE, as required, to facilitate the publishing, promotion, printing, distribution, and sales processes worldwide. PPG will pay SELF-PUBLISHER 40% royalties for these VERSIONS pursuant to Paragraph 14a.
    b. Right to Upload Other Digital VERSIONS to SELF-PUBLISHER’s Own Online Profiles
    For each digital VERSION of TITLE being produced for commercial use that will be uploaded directly to Amazon’s group of sites (“AMAZON”), Kobo (“KOBO”), E-Sentral (“E-SENTRAL”), and/or Audible, iTunes, and ACX (“ACX”), SELF-PUBLISHER hereby grants to PPG the right to upload these files to SELF-PUBLISHER’s own online profile pages by supplying SELF-PUBLISHER’s log-in details to PPG. If log-in details are not provided, SELF-PUBLISHER will be expected to upload all files without PPG’s help and will earn 100% royalties on them pursuant to Paragraph 14b.
  11. Non-Exclusive Worldwide Distribution License in the English Language
    For each VERSION of TITLE being produced for commercial use, excluding VERSIONS that are uploaded directly to SELF-PUBLISHER’s own online profiles, SELF-PUBLISHER hereby grants to PPG a non-exclusive, worldwide distribution license in the English language for the term specified in the PPG invoice associated with this AGREEMENT. This license grants PPG the right to publish, promote, print, distribute, and sell TITLE through INGRAM’s various distribution channels for the purposes of profit. SELF-PUBLISHER also grants to PPG the right to make an author biography, back-cover copy, and/or excerpts from TITLE viewable on PPG’s website/blog and/or through INGRAM’s various distribution channels to facilitate sales.
    SELF-PUBLISHER understands that TITLE sales through PPG and INGRAM cannot be guaranteed. SELF-PUBLISHER also understands that not every VERSION of title will be distributable through PPG, INGRAM, AMAZON, KOBO, E-SENTRAL, and/or ACX in which case alternatives will be discussed and other solutions will be offered.
  12. Minimum and Manufacturer’s Suggested Retail Price (“MSRP”)
    TITLE’s retail price will be based on many variables from trim size to page count to VERSION. Therefore, PPG will supply SELF-PUBLISHER with a pricing schedule that contains both the absolute minimum and MSRP for TITLE toward the end of the publishing process (once all necessary details are known).
    SELF-PUBLISHER has the authority to approve the MSRP or change it to a different amount. The amount SELF-PUBLISHER chooses must be equal to or greater than the absolute minimum being recommended by PPG. The price chosen by SELF-PUBLISHER is the MSRP that will be provided to INGRAM, AMAZON, KOBO, E-SENTRAL, and/or ACX.
    It is PPG’s policy to refrain from printing the MSRP on book covers: to allow SELF-PUBLISHER the flexibility to offer different pricing at different events; so books being sold in another country can display the pricing in that country’s currency; and, because wholesalers/retailers reserve the right to set their own prices for the products/services they offer.
  13. Distribution Channels’ Individual Practices
    SELF-PUBLISHER understands that neither PPG nor INGRAM determines the individual practices of the wholesalers and retailers within their distribution channels. Each wholesaler and retailer maintains the right to determine whether TITLE will show as “in stock” and what portion (if any) of the promotional content PPG supplies will appear on their websites and/or in their marketing materials. Wholesalers and retailers also reserve the right to set their own prices for the products and services they offer regardless of MRSP.
  14. Royalties
    a. 40% Royalties
    SELF-PUBLISHER will receive royalties from PPG, in CAD funds, for all VERSIONS of TITLE distributed through INGRAM’s various distribution channels. Royalties are calculated as a percentage of TITLE’s sale price (“sale price” is the MSRP less any discounts given by the respective retailers/wholesalers). The percentage paid to SELF-PUBLISHER is 40% of the amount received by PPG from INGRAM.
    Royalties will not be paid to SELF-PUBLISHER on copies of INGRAM VERSIONS of TITLE purchased and sold direct by SELF-PUBLISHER pursuant to Paragraph 16.
    b. 100% Royalties
    If SELF-PUBLISHER wishes to earn 100% royalties on all VERSIONS of TITLE distributed through INGRAM, then SELF-PUBLISHER must create a personal INGRAM account and upload all files directly, without PPG’s help.
    SELF-PUBLISHER will earn 100% royalties for each digital VERSION of TITLE being uploaded directly to AMAZON, KOBO, E-SENTRAL, and/or ACX.
  15. Royalty Payment Schedule and Reporting
    PPG shall make two royalty payments per year to SELF-PUBLISHER if earned: the first in May; the second in November. PPG will only make royalty payments that are equal to or greater than twenty-five CAD dollars ($25). If the royalty amount due is less than twenty-five CAD dollars ($25), the balance will be held back until the next scheduled payment time. (Exception to rule: upon termination of this AGREEMENT, PPG shall pay all accrued royalty income due to SELF-PUBLISHER, regardless of the amount, at the next scheduled payment time.)
    PPG will send out royalty/sales reports to SELF-PUBLISHER twice per year: the first in May; the second in November. These reports will only be sent if there are sales to report. If there were zero (0) book sales for the previous six-month period, no report will be sent.
  16. SELF­-PUBLISHER Book Purchases
    SELF-PUBLISHER reserves the right to purchase copies of TITLE from PPG at a fifty-five per cent (55%) wholesaler discount (calculated as a percentage of TITLE’s MSRP) by contacting PPG by email or fax pursuant to Paragraph 22. (Please indicate “Order Request for SELF-PUBLISHER Copies of TITLE, ISBN” in the subject line of this email to expedite this process.)
    PPG will produce an invoice upon receipt of SELF-PUBLISHER’s order request and send it to SELF-PUBLISHER via email. Shipping charges will apply. Upon receipt of SELF-PUBLISHER’s one hundred percent (100%) prepayment of the corresponding invoice, PPG will process the request. TITLE will be printed and shipped direct to SELF-PUBLISHER from INGRAM within one (1) to two (2) weeks of order placement.
    SELF-PUBLISHER also reserves the right to have copies of TITLE printed elsewhere by supplying a copy of TITLE’s print-ready files to the printer of SELF-PUBLISHER’s choice.
  17. Publishing Timelines and Services
    PPG will provide SELF-PUBLISHER with a detailed project timeline when the WORK commences pursuant to Paragraphs 4a and 4b (click here to view a sample project timeline). Timelines are estimated based on PPG’s receipt of trouble-free files from SELF-PUBLISHER coupled with timely responses to all communications (e.g. emails, phone calls) and requests.
  18. Mandatory Copy Editing, Design/Layout, and Proofreading through PPG
    SELF-PUBLISHER must have all INGRAM VERSIONS of TITLE professionally copy edited, graphically designed, and proofread by vetted PPG VENDORS. (Where applicable, non-fiction books must have indexes completed by a vetted PPG indexer.)
    SELF-PUBLISHER has the right to accept or reject any portion of any suggestions made by PPG VENDORS with regard to TITLE; however, once the VENDORS services have commenced, no refund shall apply.
    PPG reserves the right to refuse to publish a book that, in PPG’s judgment, has not been properly edited/proofread (i.e. in cases where all or most recommended edits have been rejected by SELF-PUBLISHER). If PPG refuses to publish TITLE for this reason, after receiving funds from SELF-PUBLISHER, then PPG will refund those funds pursuant to Paragraphs 4a and 4b, and neither party will have any further obligations to the other except for SELF-PUBLISHER’s warranty and indemnification, pursuant to Paragraphs 20 and 21.
  19. Author Proofing Rounds
    The graphic design portion of PPG’s publishing process, for each VERSION of TITLE, includes two author proofing rounds that allow for up to five (5) basic structural changes to the cover and up to fifty (50) minor typographical changes to the interior per round. Any additional author proofing rounds requested by SELF-PUBLISHER throughout the process are chargeable, as per PPG’s rates and fees, and must be prepaid in order to be completed. If SELF-PUBLISHER includes more than the allotted five (5) basic structural changes to the cover and fifty (50) minor typographical changes to the interior per proofing round, then it will be considered more than one proofing round.
  20. SELF­-PUBLISHER Warranty
    SELF-PUBLISHER warrants the following to PPG: (i) SELF-PUBLISHER is the author and sole owner of TITLE’s interior copyright; SELF-PUBLISHER is either the sole owner of the copyright of all associated cover/interior graphics supplied by SELF-PUBLISHER to PPG for TITLE or has secured written permission (which SELF-PUBLISHER will provide to PPG, together with any required third-party credits, when submitting TITLE’s working files) to use the same in TITLE; and SELF-PUBLISHER has full authority and right to enter into this AGREEMENT with PPG and to grant the rights herein granted; (ii) this AGREEMENT does not conflict with any other arrangements, understandings, and/or agreements between SELF-PUBLISHER and another individual or entity; (iii) TITLE is not already in the public domain and is entirely original except for portions therein for which the copyright owners are credited and/or legal permissions have been secured where necessary; (iv) TITLE and its rights are free of liens, claims, interests, and/or other rights of any kind; (v) TITLE, as submitted to PPG, does not and will not violate or infringe upon any other personal or proprietary rights, including, without limitation, copyrights, trademark rights, trade secret rights, contract rights, privacy rights, and/or publicity rights of other individuals or entities; (vi) TITLE is not defamatory, or obscene, or illegal in any way, and its contents will not cause harm to any reader, user, and/or other individual or entity; and (vii) all information submitted to PPG by SELF-PUBLISHER is accurate.
  21. SELF-­PUBLISHER Indemnification
    SELF-PUBLISHER agrees to indemnify and hold safe from harm: PPG, VENDORS, and INGRAM from and against any losses (including lost profits), decrees, judgments, settlements, damages, liabilities, expenses, and/or awards (including, and without limitation, any reasonable attorney fees and/or court costs) arising from or connected to a breach or alleged breach of any items listed in the SELF-PUBLISHER warranty set forth in Paragraph 20.
    SELF-PUBLISHER’s warranty and indemnification, pursuant to Paragraphs 20 and 21, shall survive termination of this AGREEMENT.
  22. Notices
    Any notices from SELF-PUBLISHER to initiate, terminate, and/or communicate about this AGREEMENT can be sent to PPG from SELF-PUBLISHER via any of the email address(es) listed on this AGREEMENT and by virtue of purchases made to PPG. All such notices will be deemed sent on the date of transmission.
    Any notices from SELF-PUBLISHER to initiate, terminate, and/or communicate about this AGREEMENT that are sent to PPG from a foreign email address not listed on this AGREEMENT will be considered null and void, and will be ignored/deleted by PPG.
    PPG’s telephone number and email addresses will be all listed on the PPG invoice that corresponds with this AGREEMENT. Any notices from PPG to initiate, terminate, alter, and/or communicate about this AGREEMENT will be sent to SELF-PUBLISHER from one of these email addresses. All such notices will be deemed sent on the date of transmission.
    Any notices from PPG to initiate, terminate, and/or communicate about this AGREEMENT that are sent to SELF-PUBLISHER from a foreign email address not listed on the PPG invoice that corresponds with this AGREEMENT should be considered null and void, and should be ignored/deleted by SELF-PUBLISHER.
    PPG and SELF-PUBLISHER are both responsible to maintain evidence showing the successful transmission and receipt of notices.
  23. Copyright Infringement
    If, during the term of this AGREEMENT, the copyright of TITLE is infringed upon in any way, SELF-PUBLISHER may commence action for copyright infringement at SELF-PUBLISHER’s sole expense. All recoveries made from such a litigation shall go to SELF-PUBLISHER as the copyright owner of TITLE. PPG will not commence any such action on SELF-PUBLISHER’s behalf, nor will PPG contribute to any legal expenses related to such a litigation.
  24. Non­-returnable and Non-­refundable
    All copies of TITLE that are sold through INGRAM will automatically be marked as non-returnable and non-refundable unless otherwise specified by SELF-PUBLISHER pursuant to Paragraph 22.
    SELF-PUBLISHER reserves the right to act as a personal distributor for copies of TITLE purchased pursuant to Paragraph 16, and to offer returnable, refundable, and/or consignment options to potential buyers of these copies at SELF-PUBLISHER’s sole discretion.
  25. Amendments
    PPG reserves the right to amend any portion of this AGREEMENT at any time, without notice. Any such modification shall be considered in effect once it is updated on this webpage. The PPG Work-Made-for-Hire Publishing Agreement version number and date will be changed each time an amendment is made.
    SELF-PUBLISHER and PPG are bound to the terms of the AGREEMENT version number under which SELF-PUBLISHER initiated or renewed an AGREEMENT with PPG. SELF-PUBLISHER and PPG are responsible to maintain evidence of the applicable binding AGREEMENT. In the absence of such evidence, SELF-PUBLISHER and PPG agree to be bound to the most recent AGREEMENT posted on this website.
  26. Commitment, Accessibility, and Deadlines
    By digitally signing this AGREEMENT, SELF-PUBLISHER agrees to be “plugged in” and accessible at all times, along with all other VENDORS, for the duration of the project. SELF-PUBLISHER understands that this is a collaborative process from beginning to end and agrees that all project stakeholders must meet their respective deadlines, especially with regard to “rapid release” publishing (a.k.a. organic WEB publishing) programs such as this one. This can only be effective with the consistent and persistent effort of all involved.
  27. PPG File Naming Convention
    SELF-PUBLISHER agrees to follow the PPG File Naming Convention for all WORK-related files.
  28. Governing Law
    In the event of litigation between PPG and SELF-PUBLISHER, all parties agree that the Law of the Province of business registration of PPG shall apply and all parties shall consent to the jurisdiction of said Province’s courts: Alberta, CANADA.
  29. PPG Confidentiality Agreement
    SELF-PUBLISHER has also digitally signed the PPG Confidentiality Agreement.
  30. Digital Signature
    Pressing the “SUBMIT” button below constitutes SELF-PUBLISHER’s digital signature and binding agreement to these terms. This act confirms that SELF-PUBLISHER: has read and understood the AGREEMENT and consents to the terms listed therein; has sent (or will send shortly) prepayment to PPG for all related services; has indicated the PPG invoice number that corresponds with this AGREEMENT in the appropriate field on the digital form; and confirms that all information provided to PPG for the purpose of this AGREEMENT is both accurate and complete.