Adam Daniels 5974 NW 35% St Oklahoma City, OK 73122 Dear Adam Daniels: We've agreed to accept your book on Ashemaogha (Becoming Ahriman volume 1) for publication by Nephilim Press, This letter will serve as our publishing agreement when you sign the enclosed copies, and return one of them to me. ‘The terms are as follows: ‘The Grant of Rights By law, the author ofa book is the owner of various rights in it. The author must assign rights to the publisher in order for the publisher to print and sell the book, 2. You grant us the exclusive right to print, publish, distribute, and sell copies ofthe book, and works derived from the book, in printed form and in electronic media such as CD-ROM, and to license others to do so, for the duration of the copyright in the book, in all languages, throughout the world. Your name will appear on the title page ofthe book.as its author, but ‘we'll obtain copyright for the book itself in our name. We may edit, add to, and delete from the hook as we wish; however, we will submit all changes to you for approval, which you ‘won't unreasonably withhold, Note that we require editorial control because we consider all our books part of a series, ‘and we want to establish a “brand identity” where people know what to expect from any of four books, The positive side is that you'll get alot more editorial help than you do from many publishers and we won't do anything without your knowledge and consent. We regard the relationship between publisher and author asa partnership of two people working together to create the best possible product. Format of the Book ‘The next clauses describe how the book will look when it's published 3. Ithere are special style or design elements that you believe your subject requires, you ‘may submit thase elements to Nephilim Press for consideration. Please note that special artworkand graphic design requirements take time and itis best to get those requests to us as quickly as possible. 4. You will incorporate into the manuscript the comments of your editor as well as comments from technical reviewers.oe ‘Nephitim Press uses several standard designs for its books. If your book is part ofa series, ‘twill use the design of that series, Occasionally, book requires special design elements. If you believe your book will need special elements, let your editor know immediately so our ‘design group can discuss # with you. We try to avoid last minute design changes if possible because they are expensive and can add time tothe production schedule. Delivery of the Manuscript 5. We prefer manuscripts formatted in Word or PDF. Sometimes we will accept ‘manuscripts in other formats, but conversion adds cost and time to the production schedule. 6.We very much want to complete this book with you and will provide editorial support, tools, advice, design and illustration services, professional indexing, copy-editing. proofreading and typesetting. 7. We will inform you of any and al changes that need to be made to the manuscript and the reasons for said changes, We know that an important part of success is the consistent approach, style, tone, level of detall, and attention to solving our readers real information problems rather than just writing in an unfocussed way about "the subject™-and so we spend a lot of time working with you on the organization and presentation of your material, and the positioning of your book relative to other books. Asa result, each specific book is made stronger and more successful than you might have been able to make it on your own, Royalties ‘The meat of the matter, from your point of view. This is the longest clause inthe contract, 0 we'll o over itin pieces. ‘The Royalty Rate 8, We will pay you a royalty of 30% of all net income we receive as a result of our distribution ofthe book, in any form, printed, electronic, or other, or from the license or sale to third parties of any rights ina derivative work, 9. if we include all or part of your book in another book that we publish, you will receive a pro-rata share ofthe royalties from that book in proportion to the number of words used from your bookas it bears to the whole book. In other words, iFyour text used is 10,000 ‘words ina 100,000 word book, you will receive 5% of the royalty rate for that book. Ifyou shop around, you'll find that we offer the highest royalty rates. This is hecause we consider our relationship with our authors to be a financial partnership that looks out for the welfare of both parties involved. We want our authors to be happy and keep coming bback to usin the future when they have new works to be published. We believe that in theJong run, you'll make as much money or more with us as you will with any of our competitors ‘The portion of the royalty clause that discusses "derivative works" primarily refers to ‘customized versions of the books that we might provide to corporate customers. It isa big, plus for your sales, even though in some cases, we'llicense the derived version for less than we'd get if we sold the actual book. ‘When Will Your Royalties Come to You ‘The last part of the royalties’ clause discusses the timing of royalty statements: 111. We will make royalty payments to you based on the rate that they are accrued. Many publishers pay twice a year, with a six month lag between the close ofthe reporting period and the actual payment, and with a big reserve against returns to boot. Some publishers hold as much as 25% of your royalties in reserve. Revised Editions of the Book Most technical and informational books need frequent revision if they are to stay sellable. ven if you lose interest in the subject, we may want to maintain the book, so the contract, includes the following clause: 12. If we want you to revise the book, we will gree on a delivery date and compensation, ‘both of which will depend on the nature and extent ofthe revisions. The other terms will be the same as those for the original version ofthe book. Ifyou are unwilling or unable to do the revision, after we offer you the first opportunity to do so, we may arrange for others to doit, and may credit the reviser as editor, contributor, or co-author of the revised edition, and may arrange forthe reviser to share the royalties in proportion to the extent of the Most of our authors revise thetr own books, but this clause allows us to keep a book alive even if you don't do your part to maintain it. For small updates, we might just charge your royalty account for reasonable costs. f someone else does major revisions, though, we may reduce your royalty percentage and give them a share in the ongoing success ofthe book. You Didn't Plagiarize Anything, Did You? ‘The next paragraph sounds scary, but really just means that you didn't plagiarize or slander anyone, You have to take responsibility for this, because we have no way of knowing what sources you might have used 13, You warrant tous that the material you provide is original, except that for which you obtain permissions acceptable to us, nd that it won't impair anyone else’s rights, and that you have the power to make this agreement. You will indemnify us, our agents, and ouremployees, and hold us and them harmless, against any oss or cost, including reasonable attorneys’ fees, arising out ofa breach or claim of breach ofthese warranties, Ifyou use someone else's material by permission, be sure to request and receive that permission in writing and send us copies ofall permission letters for our files. While there are “fair use” rules covering free use of small excerpts from published work (at ‘most a paragraph or two, and in support of your own discussion), anything unpublished ‘cannot be reproduced without permission, If you're requesting permission from a publisher to use material published elsewhere, they \will most likely have a standard permissions letter that they will send out. They'll want a letter from you stating exactly what material you plan to use. But if you're requesting Permission from an individual, or from an institution other than a publisher, you might save yourself time and effort if you doa bit more of the work up front. Send them a letter ‘which has something ike the following format Dear. Fd ike to quote from... (provide whatever details necessary to identify exactly what ‘material you want to use; if there's alot oft, it might be easier to refer to an addendum to the letter, where you can use a list format) in my forthcoming book on blah, blah. Please confirm your agreement by signing the enclosed copy ofthis letter and returning it tome. Legally, a document must be signed to be effective, but in a couple of cases (where I don't expect there to be any controversy}, I've taken the aggressive position that e-mail is an acceptable alternative Send copies of any permissions letters to us. Keep a copy for your own files as well If you're not certain whether you need to obtain permissions for something you want to Include, check with us Final Legalese ‘The last couple of clauses are mostly forthe lawyers 14. Neither of us may assign this agreement without first getting the others written consent, unless we sell or transfer substantially all our assets or ownership interest to the assignee, when no consent will be needed. ‘This means that if you've signed the contract, you (not your friend or co-worker) will actually write the book, unless we agree otherwise. What the rest means is that if we ever sold our company toa bigger publisher, that publisher could continue to publish your book.15, Ouragreement is subject to the laws of South Carolina governing contracts made and to be performed there. Copyright laws are the same everywhere inthe U.S, but this means that if we had a disagreement, any court proceedings would be held in South Carolina, where our main office s. But ifwe had a disagreement, we'd like to think that any discussions would be far ‘more likely to take place over the phone or via e-mall, 19, Both parties agree that the contents ofthis legal document, including, but not limited to, names, royalty rates and other specifics, are to be held in confidence between the parties ‘whose legal signatures appear in the document, and the contents will not be disclosed, discussed, reproduced or copied in any way, shape or form unless written consent has been obtained by al parties whose names and signatures appear on this contract. Ifyou find these terms acceptable, please date, sign, have notarized and return a copy of tisletertome. icy ee JDL Very truly yours, Frank Redd Wiley PME ig [Nephilim Press 7 6 Expiry [2/220 Ss inane Ses Date: