This Agreement governs the relationship between the Author and Bookture Media LLC regarding the provision of publishing, marketing, and distribution services.
1. Scope
The Parties agree to perform the activities specified in the Statement of Work (SOW) or Contract executed between the Author and Bookture Media. Both Parties acknowledge that their respective obligations under the Contract constitute valid consideration for the payment of services to be rendered by Bookture Media.
2. Licenses
The Author grants Bookture Media a non-exclusive, non-transferable, royalty-free license to use the Author’s trade names, trademarks, logos, and service marks (collectively, the “Marks”) solely for the purpose of fulfilling this Agreement.
Bookture Media shall not use the Marks for any other purpose without prior written consent from the Author. Furthermore, Bookture Media shall not alter, remove, or permit the alteration or removal of any Marks or identifying materials affixed by the Author without prior written approval.
Bookture Media acknowledges that all rights, title, and interest in the Marks, including associated goodwill, remain exclusively with the Author. Bookture Media agrees not to:
- Contest the Author’s ownership of the Marks;
- Use any marks that are confusingly similar to the Author’s Marks; or
- Attempt to register any trademark, trade name, or symbol that may cause confusion with the Author’s Marks.
These obligations shall remain in effect during and after the term of this Agreement.
3. User Tracking
Bookture Media shall implement reasonable tracking systems to enable the Author to monitor users referred from the Bookture Media platform to the Author’s platform, including resulting transactions.
4. No Guarantee of Minimum Sales
Bookture Media does not guarantee any minimum level of sales or performance outcomes. The Author acknowledges that purchasing decisions are beyond Bookture Media’s control.
Disclaimer: Marketing and publicity results may vary depending on the quality and marketability of the Work. Bookture Media provides services designed to enhance visibility but does not guarantee specific sales outcomes beyond the delivery of agreed services.
5. Disclaimer and Warranty
5.1 Each Party affirms that it has full authority to enter into this Agreement.
5.2 This Agreement constitutes a valid and legally binding obligation upon execution.
5.3 Execution and performance of this Agreement will not violate any other agreement binding either Party.
5.4 Neither Party relies on representations not expressly stated herein.
Disclaimer: Except as expressly stated, neither Party makes any warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
6. Publicity
The Parties agree to collaborate on public announcements related to this Agreement. Any announcement referencing the other Party (beyond standard identification) requires prior written approval, which shall not be unreasonably withheld.
7. Miscellaneous
7.1 Notices: All notices must be in writing and delivered via recognized courier with confirmation of receipt to the addresses specified in this Agreement. Notices become effective upon receipt. The Author shall direct notices to Bookture Media at its designated official address.
7.2 Waiver: No waiver shall be valid unless in writing and signed by the waiving Party. Any waiver applies only to the specific instance identified.
7.3 Entire Agreement: This Agreement represents the complete understanding between the Parties and supersedes all prior communications or agreements.
7.4 Headings: Headings are for reference only and do not affect interpretation.
7.5 Force Majeure: Neither Party shall be liable for delays or failure to perform due to events beyond reasonable control, including natural disasters, war, or labor disruptions. The affected Party must provide written notice within ten (10) days and take reasonable steps to mitigate impact. If such conditions persist beyond thirty (30) days, either Party may terminate the Agreement.
7.6 Amendments and Severability: Any amendments must be in writing. If any provision is deemed invalid, the remaining provisions shall remain enforceable.
7.7 Independent Contractors: The Parties operate as independent contractors. This Agreement does not create a partnership, joint venture, or agency relationship.
7.8 Assignment: Neither Party may assign this Agreement without prior written consent, except in cases of merger or asset sale, provided notice is given within forty-five (45) days.
7.9 Construction: Invalid provisions shall be revised to reflect original intent while preserving the enforceability of the remaining terms.
7.10 Records: Each Party shall retain relevant records for one (1) year following termination and make them available upon reasonable request.
7.11 Non-Exclusivity: This Agreement does not establish exclusivity. Both Parties may engage in similar arrangements with other entities.
7.12 Signatories: This Agreement shall be executed by authorized representatives of both the Author and Bookture Media.
8. Confidentiality / Non-Disclosure
Both Parties may exchange confidential information, including business operations, pricing, systems, and proprietary processes (“Information”). Exclusions include publicly available information, previously known information, or information disclosed without breach. Each Party agrees to maintain confidentiality and limit disclosure to a need-to-know basis.
9. Refund and Termination
This Agreement shall remain in effect for six (6) months from the Launch Date unless terminated earlier. The Launch Date refers to when the Author’s promotional offer becomes publicly available on the Bookture Media platform.
9.1 Non-Package Services:
- Within 0–60 days: 100% refund if services have not commenced
- After 60 days: No refund
- Once fulfillment begins: No refund
9.2 Package Services: 50% refund prior to marketing launch queue.
9.3 Post-Queue: No refund once services enter the launch queue. Fulfillment begins upon submission of materials or commencement of work, whichever occurs first.
If Bookture Media terminates without cause before service fulfillment, a full refund will be issued. Cause includes abusive conduct, non-compliance with content guidelines, or third-party disputes.
10. Effect of Termination
Upon termination, Bookture Media shall cease all promotional activities, discontinue use of Marks and technology, and remove services from distribution channels. Upon request, all confidential materials shall be returned or destroyed. Both Parties may continue serving previously acquired customers independently without liability to the other Party.