All Romance eBooks, LLC, 28 Days of Heart Author Agreement

This contract is entered into on this date, between: All Romance eBooks, LLC, a Florida limited liability company (hereinafter known as "All Romance") located at 334 East Lake Road, Suite 286, Palm Harbor, Florida 34685 U.S.A., with an e-mail address of: barbara.perfetti@allromanceebooks.com, and you (hereinafter known as "Author") concerning the title stipulated above (hereinafter known as "Work"), as part of the All Romance 28 Days of Heart Campaign to benefit the American Heart Association.
The Contract is legal and binding in all countries, the parties intend to be legally bound, and should there be any legal dispute, the laws of the State of Florida U.S.A. shall apply.

1. Warranties
The Author warrants to All Romance that, to the best of Author's knowledge and belief:

(a) the Work is Author's own original work and the Author warrants that the Author owns the copyright;

(b) the Author has obtained permission from the copyright owner to include any excerpts from any other works subject to copyright which the Author has knowingly included in the Work;

(c) the Work contains no libellous or unlawful statements and does not infringe upon the rights of others; and

(d) the Author hereby asserts the legal and moral right to be identified in the Publication as the Author of the Work.
The Author warrants that all of these representations are true on the date of the signing of this Contract.

2. Grant of Rights:
The Author, on behalf of each of them, their heirs, assigns and any successors in title, agrees to transfer to All Romance exclusive rights with respect to the electronic publication of the Work throughout the world for 3 years from the date of the first electronic publication by All Romance. For the purposes of this Contract, electronic publication shall be understood to mean download, disk, CD, or any other digital format known or to be invented.

3. Royalties and Statements:
All royalties earned from this work shall be paid to the American Heart Association.

4. Assignment
All Romance may at any time sell or transfer all or any part of its assets or control of its ownership, including this Contract and the rights and obligations set forth herein, without the Author's prior written consent. Upon receipt of written notice thereof from All Romance delivered by certified mail or other receipted delivery service, the Author agrees to look solely to the assignee/successor with regard to all performance and other obligations of All Romance, and such assignee/successor shall be responsible to pay or discharge all such obligations of All Romance to the Author hereunder as and when the same come due.

5. Confidentiality; Non-Disparagement
At all times after the date hereof, including after termination or expiration of this Contract for any or no reason, the Author shall not, directly or indirectly (1) communicate, disclose or divulge to any person, or use for the Author's own benefit or the benefit of any person or to the detriment of All Romance, any Confidential Information (defined below) for as long as the same remains classified as such or (2) make any statement which denigrates All Romance or any works it has published or any other aspect of All Romance's business. For purposes of this Agreement, "Confidential Information" is defined to include without limitation, any and all unpublished manuscripts, proposed titles, identities of proposed authors, story lines or summaries and any other confidential information relating to the business, plans or operations of All Romance.


6. Jurisdiction

In the event of any dispute under or in connection with this Contract, the parties shall first attempt to resolve the matter amicably through discussion. If the matter cannot be resolved within 15 days after written notice given by either party by certified mail or other receipted delivery service, then either party may pursue its rights or remedies in the state or federal courts of Florida, U.S.A., which the Author and All Romance agree shall have exclusive jurisdiction over all such disputes. The parties agree that service pf process may be validly accomplished by certified mail or other receipted delivery service to the addresses specified in paragraph (8).

7. Entire Agreement; Amendment

This Contract hereby constitutes the entire agreement between Author and All Romance and supersedes all previous agreements regarding the Work, whether oral or in writing. Modification of this contract may only occur in writing, signed by both parties. This Contract shall be binding on, and shall inure to the benefit of, the parties and their respective heirs, successors and permitted assigns.

8. Notices

Notices shall be given to All Romance at the address first above written or the Author as follows, or to such other address as may be specified by a party in a written notice given by certified mail or other receipted delivery service at least 15 days prior to the effective date of the change for the following as entered above.
Authors full legal name
Pseudonym (if any)
Full Street Address including zip
Phone number
Email address for correspondence

9. Indemnification

The Author shall defend, indemnify, and hold harmless All Romance, its members, managers, officers, directors, partners, employees, and agents from and against any and all liabilities, claims, demands, causes of action, damages, losses and expenses (including without limitation, attorneys' fees and court costs), arising out of or in connection with (a) any infringement or alleged infringement by the Work of any patent, trademark, copyright, trade secret or other proprietary rights of any third party and (b) any breach of this Contract by the Author or the Author's heirs, permitted assigns or successors in title.

10. Counterparts

This Contract may be executed in any number of counterparts without all signatures on the same copy and transmitted electronically or by facsimile, each of which shall be deemed an original and taken together, shall constitute one and the same instrument.

11. Electronic Signature

The authors submission of the information entered by selection of the submit button below shall constitute author's signature signifying acceptance of this Agreement with the intent that it be valid for all purposes and in compliance with the U.S. Electronic Signatures in Global and National Commerce Act of 2000 a the laws of any other applicable jurisdiction.