ANTRIK EXPRESS EBOOKS PUBLISHING PROGRAMME
DIGITAL MEDIA INITIATIVES
eBooks Distribution Agreement
This eBooks Distribution Agreement is entered into this day mmmm-dd-yyyy.
Digital Media Initiatives, a privately held company having its office at #104, G-1, Ground Floor, 13th Main, 4th Cross, 5th Sector, H.S.R. Layout, Koramangala, Bangalore 560 101, Karnataka, India
________ (Publisher) having its address as submitted to the Digital Media Reserve website.
Both Digital Media Initiatives and Publisher agree to the following terms:
1. Digital Media Initiatives (DMI) shall offer Publisher DRM protected eBooks distribution platform (Antrik ExPress) for sales of eBooks in EPUB and PDF/A formats through the retail channel, www.Antrik.com.
2. The distribution services are non-exclusive. The publisher can distribute and sell their eBooks through any channels to maximize their market reach.
3. The Publisher hereby undertakes to ensure that all eBook content is in compliance with DMI Content Policy enumerated in Annexure – A of this Agreement.
4. Indemnity: The Publisher represents and warrants that the eBook can be sold, marketed, displayed, distributed and promoted as contemplated by this Agreement without violating or infringing the rights of any other person or entity. The Publisher hereby agrees to indemnify, defend and hold DMI harmless from and against any loss, claim, liability, damage or cause of action brought against DMI, which arises from or is related to any breach on the part of the Publisher in his obligations, representations or warranties in this agreement. The Publisher further agrees to indemnify DMI of all the costs of such litigation, including attorney fee.
5. Publisher will decide the Digital List Price (DLP) for each eBook.
6. eBooks will be priced in INR for the Indian market and in USD for international markets. Dual pricing is allowed.
7. DMI and Publisher revenue sharing based on the Digital List Price (DLP) shall be on 30% (DMI) and 70% (Publisher) basis.
8. Payment and Taxes: Relevant taxes, if any, shall be deducted before releasing the payment to the Publisher on a periodic basis and until the total amount due to the Publisher is at least INR 5,000 or $100 or equivalent in other currencies.
9. Publisher can review Sales Reports online. A periodic report will be sent by email to the Publisher.
10. DMI will retain eBooks for future downloads by the end-users, even when these have been withdrawn from sales by the Publisher. However, such eBooks will not appear in the catalogue for future sales.
11. DMI and Publisher will closely work to promote sales of eBooks through various promotional efforts, such as, social networking, direct emailing, newsletters, blogs, surveys, etc.
12. Terms and conditions in this agreement will bind, benefit and be enforceable by the parties and their successors and assigns and shall be governed by the Laws of India.
For Digital Media Initiatives
ANNEXURE – A
Publishers being the Content Providers using DMI are responsible for following all the local, national, or international laws governing the content of the eBook.
The following content is unacceptable and submitting or posting said content in the eBook file, cover image, or eBook Data will result in immediate termination of the account of the Publisher:
- Pornography: Hard-core material that depicts graphic or explicit sexual acts.
- Libelous Material: Material that intentionally harms or has the potential to harm an individual or a third party.
- Copyright Infringing: Material to which the publisher do not own the copyright or the right to distribute.
- Public domain content may be posted to DMI/ Antrik ExPress Application, however, DMI may, at any time, request validation that a given eBook qualifies as a public domain title.
- Advertisements: Material contained within the eBook that primarily seeks to sell a product other than the eBook itself.
- eBook Data: The information that describes eBook (Title Data) will also subject to this Content Policy.