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Always...Publishing from the Heart
This is a sample agreement. Please contact us at 775.356.1004 if you are interested in consigning your book with LeRue Press
Page 1 of 5 (For office use only)
This agreement is strictly a free listing of your book as described below. Any promotional campaign will be a separate service. There is no charge for the book listing; fees only occur if your book is sold. See description under Section Two F, Fee for Services #B.
BOOK SALE AGREEMENT
Agreement made, effective as of ____________[date], by and between______________________________________[your name],__________________[your Dba] of________________________[address], City of ________, County of ____________, State of___________, subsequently referred to as principal, and LeRue Press, LLC, of P. O. Box 19694, Reno, NV 89511 subsequently referred to as consignee or LeRue.
The parties recite and declare:
A. Principal furnishes goods to be sold on Book Sale Agreement as follows:
Describe materials to be
consigned: Name of book, Author, ISBN #, Copyright date, authorized price,
category (see attached category list), short blurb about your book:
C. Consignee has agreed to
undertake the marketing of principal’s merchandise on the terms set forth in
In consideration of the above recitals, the terms and covenants of this agreement, and other valuable consideration, the receipt of which is acknowledged, the parties agree as follows:
D. Consignee shall have the right to sell and distribute principal’s merchandise via the Consignee’s website during the term of this agreement.
E. Principal agrees to indemnify and hold harmless LeRue Press, LLC and its parents, subsidiaries, affiliates, officers, directors, employees and agents, from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of Principal's conduct, Principal's use of the Services or goods offered for sale on Book Sale Agreement to LeRue.
F. Any alleged violation of the Principal, or any alleged violation of any rights of another, including but not limited to Principals use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other, LeRue Press, LLC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Principal, but doing so shall not excuse Principal’s indemnity obligations.
G. The Principal, by signing the Book Sale Agreement agreement, hereby claims full and complete responsibility for any and all alleged violation of any rights of another, including but not limited to Principals use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other unnamed violations.
H. LeRue cannot and will not be held responsible for contents or copyright infringements of any products offered to us for sale through Book Sale Agreement by Principal.
Page 2 of 5 (For office use only)
DELIVERY OF MERCHANDISE
A. Principal shall ship to consignee such quantity of its merchandise that consignee requires for sale to consignee’s place of business at: LeRue Press, LLC, P.O. Box 19694, Reno, NV 89511.
B. Principal shall pay all freight and shipping charges.
C. LeRue Press, LLC shall be responsible for any loss of or damage to merchandise while it is under its control.
D. Principal shall provide LeRue with a sample of all merchandise being submitted for Book Sale Agreement, prior to finalization of Book Sale Agreement Agreement. LeRue reserves the right of approval of all merchandise submitted for Book Sale Agreement.
E. If merchandise is any form of electronic media, individual packaging must be sealed. If LeRue receives such, not sealed, LeRue will provide a quality control seal prior to the resale. Electronic media includes but is not limited to: CDs and DVDs.
F. FEE FOR SERVICES
(Click to go immediately to fee schedule if you
choose a promotional campaign; otherwise only B. applies)
SALE OF MERCHANDISE
A. Consignee shall devote their best efforts to the sale and distribution of principal’s merchandise through the methods referred to above.
B. LeRue reserves the right to post Book Sale Agreement merchandise information on its website up to fourteen days after receipt. We reserve the right to display and format the Book Sale Agreement merchandise information at LeRue’s discretion. When and if the LeRue Press, LLC retail store opens, LeRue reserves the right to display merchandise in the store at LeRue’s discretion.
C. Consignee shall not sell principal’s merchandise at less than the authorized prices, which prices will be reflected in price schedules that will be furnished to consignee from time to time.
D. Principal understands that LeRue will be adding additional cost to the end customers purchase price for shipping, handling, and necessary sales tax.
E. LeRue may contract agreements with affiliate internet vendors to increase traffic to LeRue’s website and increase exposure of Principal’s Book Sale Agreement merchandise information. If the sale of Principal’s Book Sale Agreement merchandise is the result of traffic from one of these affiliate links, the Principal will pay not more than ten percent of the net sell price, as an Affiliate Commission Fee, which will be deducted from the Principal’s compensation. Prior to this arrangement, Principal will be notified of action to be taken.
F. Principal grants LeRue permission to display written copy, images and or logos from said merchandise for promotional purposes.
G. A complete list of goods, to be known as Book Sale Agreement merchandise, will be listed
on LeRue Press, LLC Book Sale Agreement Bill of Materials & Terms each time goods are transferred to
LeRue’s control. The Book Sale Agreement Bill of Materials & Terms will also include quantity, a name or title, authorized price, category and a short blurb about the book.
H. Materials that have been returned to LeRue as defective or incorrect at no fault of LeRue, will be replaced to purchaser at no charge and the replacement’s shipping fee will be deducted from Principal’s compensation. Defective materials will be returned to Principal.
Page 3 of 5 (For office use only)
MONTHLY STATEMENTS; COMPENSATION
I. Consignee shall furnish Principal, via e-mail, with monthly statements indicating all sales transactions during the preceding month and the extent of current inventory. Principal shall receive such statements no later than the fifteenth day of each month. Principal shall furnish consignee with current e-mail address and notify within 14 days any changes to such address. Consignee will not be responsible for inability to send mail due to principal’s spam filters.
MANAGEMENT OF CONSIGNEE’S BUSINESS
Principal reserves no supervision or control over consignee in the facilities, employees, and methods to be used and employed by consignee in carrying out the purposes of this agreement, and shall in no event be responsible for negligence of consignee or consignee’s employees.
TITLE TO MERCHANDISE
Consigned merchandise shall remain the property of Principal until sold in the regular course of business, except that consignee shall be responsible for all shortages of stock.
A. This agreement is not assignable and may be terminated by either party on fourteen days written notice to the other. In the event there is merchandise remaining with consignee, it will be returned at the Principal’s request. Principal shall pay all freight and shipping charges.
B. Consignee may terminate
Principal’s account without notice if a valid e-mail address is not
available. Notice will subsequently be sent by mail to the Principal’s last
known physical postal address.
LeRue and the Principal to
determine if the program was profitable for both parties. LeRue reserves the
right to terminate the Book Sale Agreement agreement per Section Seven Item A.
and/or B. above.
It is agreed that this agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Nevada.
The failure of either party to this agreement to insist on the performance of any of the terms and conditions of this agreement, or the waiver of any breach of any of the terms and conditions of this agreement, shall not be construed as waiving any terms and conditions, but such terms and conditions shall continue and remain in full force and effect as if no forbearance or waiver had occurred.
Page 4 of 5 (For office use only)
EFFECT OF PARTIAL INVALIDITY
The invalidity of any part of this agreement will not and shall not be deemed to affect the validity of any other part. In the event that any provision of this agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the elimination of the invalid provision.
This agreement shall constitute the entire agreement between the parties. Any prior understanding or representation of any kind preceding the date of this agreement shall not be binding on either party except to the extent incorporated in this agreement.
MODIFICATION OF AGREEMENT
Any modification of this agreement or additional obligation assumed by either party in connection with this agreement shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party.
The titles to the paragraphs of this agreement are solely for the convenience of the parties and shall not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this agreement.
This agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument.
In witness of the above, each party to this agreement has caused it to be executed at __________________________ [place of execution] on the date indicated below.
Principal [Signature] [Date]
LeRue Press, LLC [Signature] [Date]
Jump to Exhibit A-Fees if you choose a promotional campaign including free listing of your book, press releases, print campaign, and personalized Internet and traditional campaign.
Always...Publishing from the Heart!
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