Direct-to-Reader Sales Page (Inventory) Terms

This agreement is made between Hillcrest Media Group, Inc. (“Hillcrest”) and the copyright holder of said book, assignee thereof, or anyone authorized to execute this Agreement ("Customer").

1. DEFINITIONS

MyBookOrders.com (MBO), is defined as the party which processes and fulfills all orders of Customer’s book through the Direct-to-Reader Sales Page Service (the “Service”). Further, MBO shall warehouse and inventory Customer’s books designated for fulfillment through Customer’s sales page.

Book Purchaser ("BP") is defined as anyone who places an order/purchases Customer’s book through the sales page provided by MBO.

Customer’s Direct-to-Reader Sales Page (referred to as sales page) is defined as a dedicated page on MBO that sells Customer’s book(s).

2. ITEMS INCLUDED IN THE SERVICE

Direct-to-Reader Sales Page service includes the following:

  • Access to Hillcrest’s Author Center in order to view orders sold through Customer’s sales page and to track payments due to Customer from said sales;

  • Processing all financial transactions for Book orders;

  • Processing and fulfillment of outstanding orders in one (1) to two (2) business days;

  • All storage costs at fulfillment center for one full year, for one title or version, for up to one half (½) pallet of books (see Section 5 for details).

  • Communicating with any Book Purchaser via telephone, email, and/or live support regarding order status or related issues.

3. BOOK INVENTORY

Customer inventory level is available for review through Customer’s account on Hillcrest’s website (“Author Center”). Customer acknowledges that it is his/her responsibility to log in and review inventory levels to ensure sufficient inventory. Customer acknowledges that the Author Center inventory count relies on the distributor’s warehousing system, and their inventory count can be inaccurate by up to five (5) copies.

If inventory of Customer’s book runs out, MBO will continue to receive orders, and title will be listed as “back-ordered.” Accumulated orders will be shipped out within one (1) to two (2) business days after Customer’s book has been inventoried at the fulfillment center.

If Customer has not replenished book inventory within thirty (30) days from the date inventory runs out, MBO will turn off the sales page and refund any Book Purchasers who back-ordered Customer’s book. Customer assumes responsibility for any chargebacks MBO receives for sale or presale of Customer’s book.

If Customer has purchased eBook distribution from Hillcrest, his/her ebook file will be made available on the sales page. An eBook is considered to be in inventory when the eBook file is stored on the MBO server. Under no circumstance will MBO accept pre-orders for eBooks (e.g., MBO will not accept orders before the eBook file is complete and inventoried). All eBook files sold via MBO must be in .epub format.

4. CUSTOMER PAYMENTS

Customer will receive a monthly report outlining sales, credit card processing fees, shipping costs, and earnings.

Customer must net a minimum of twenty-five US Dollars ($25.00) per month on fulfilled (shipped or downloaded) orders for payment to be issued. If Customer’s net earnings are below $25.00 in a given month, earnings will accrue until Customer’s earnings meet or exceed $25.00; payment will be issued at the close of the following month’s sales period.

If Customer’s earnings meet or exceed $25.00, Customer will receive a check within twenty (20) business days of the date that the monthly report/sales balance is loaded into the Author Center. The payment will include the entire amount for all books sold in the previous month less:

  • a credit card processing fee of four and a half percent (4.5%) of the Total Fees received by MBO per completed order;

  • the pick/pack fee of two dollars and fifty cents ($2.50) for each book fulfilled through the fulfillment center, and sixty cents ($0.60) for each additional book fulfilled if an order exceeds the amount of 1 book.

Total Fees for the purposes of Section 4 of this Agreement include the price of the book and/or eBook, shipping costs, and sales taxes (if applicable); that is, the total charge to the Book Purchaser per order.

Customer payments are held against monthly returns fees and/or distribution fees owed by Customer to MBO, and/or other fees owed to Hillcrest Media Group and its subsidiaries.

Should Customer’s sales take place during a pre-order period when Customer’s books are not yet physically located in the fulfillment warehouse (see Section 8 (a) for pre-order conditions), payment will be held until the close of the first sales period where Customer has physical books in inventory.

5. STORAGE FEES AND WAREHOUSING

Customer agrees to provide at least twenty-five (25) books per title and format to MBO’s fulfillment warehouse. The printing and shipping costs of all books to fulfillment center are Customer’s responsibility.

a. Storage/Warehousing for One (1) Title or Format

Storage fees for one year for the number of books of the same title and format (e.g., paperback) that occupy up to one half (½) of a 4’ x 4’ x 4’ pallet, are included as part of the initial payment for the Service.

Customer agrees that, if Customer wishes to store more than the quantity of books contained within one half of a pallet of the same title and format during the initial term or any renewal term of this Agreement, Customer must pay an additional four dollars and fifty cents ($4.50) per quarter (¼) pallet section per month. Fees for storage space of more than one half (½) pallet of books of the same title and format will be due on each monthly billing cycle.

For example, if Customer stores books requiring the use of three quarters of one pallet at the outset of the service, Customer would pay an additional $4.50 to MBO per month. If, six months into the initial term, Customer wishes to store an additional amount of books requiring an additional quarter pallet, Customer shall pay $9.00 per month for the remainder of the term.

b. Storage/Warehousing for Additional Formats and Titles

Customer agrees that, if Customer wishes to store an additional format of the same title or a second title, Customer must pay MBO an additional initial term Service fee and all terms of service will apply to each title and format.

6. INITIAL TERM, RENEWAL TERM, RENEWAL FEES AND TERMINATION

a. Initial Term and Renewal Term

Initial Term shall be for one calendar year, beginning on the date of activation. “Date of Activation” is defined as the date on which Customer has initial inventory in MBO Fulfillment system, the date on which MBO creates Customer’s sales page, and/or the date that Customer’s book is available for pre-order. Renewal Term commences one year after the Date of Activation, and lasts for one calendar year. Customer acknowledges that he/she must keep a valid credit card on file during the course of this Agreement (during any Initial or Renewal Term).

b. Renewal Fees / Notification

After one year, on the anniversary of the Date of Activation, Customer shall pay a renewal fee of $199.00 per title and format, which includes storage at fulfillment center for one year (up to one half (½) pallet space), inventory management, access to the Author Center, and system maintenance and updates. Fees for storage space of more than one half (½) pallet for the same title will be due on each monthly billing cycle.

If Customer wishes to renew the eBook portion of the Service, Customer shall pay a renewal fee of $25.00 per title. For termination of the print book portion of the service see Section 6 (c).

Customer shall receive email notification approximately sixty (60) days prior to date of renewal. Customer acknowledges that it is Customer’s responsibility to make sure that Customer’s email account is set up to accept emails from MBO. Customer shall receive instructions on how to renew or cancel Service. Customer acknowledges that he/she must renew or cancel the service through the Author Center within ten (10) business days of the expiration of the Initial Term or any Renewal Term.

Upon renewal of this Agreement (after the expiration of the Initial Term or any subsequent Renewal Term), Customer acknowledges that the Agreement may have changed, and that he/she must agree to the updated Agreement in order to renew. Payment of any renewal fee constitutes agreement to and acceptance of the current Agreement at the time of renewal.

Customer acknowledges that if he/she does not renew or cancel the Service within ten (10) business days, the Service will be terminated, the sales page will become a dead link, and Customer’s inventory will become property of MBO. MBO can keep or destroy Customer’s inventory at its discretion. Further, Customer acknowledges that MBO can charge Customer’s credit card on file a flat $100.00 cancellation fee per title per pallet. The minimum cancellation fee is $100.00.

c. Termination

Should Customer terminate/cancel at any time after purchasing or renewing Service, no refunds or partial refunds shall be made.

If Customer cancels Service before the expiration of the Initial Term or Renewal Term is up, the sales page will become a dead link, and all books in Customer´s inventory shall be shipped to Customer, at Customer´s expense. Upon termination (assuming that Customer has no monies owed to MBO), the remaining inventory will be sent to the Customer’s shipping address that MBO has on file in the Author Center (it is Customer’s responsibility to log in and update that address when need be, or to contact MBO directly if the shipping address for the remaining inventory is different than that on file). The books will be sent at Customer’s expense, assuming that Customer has a valid credit card on file and/or has arranged an alternate form of payment with MBO. If MBO is unable to charge the card on file, or has not been provided payment for shipment, MBO reserves the right to recycle the remaining inventory without notice. At such time, Customer will be charged a $100 recycling fee per pallet or portion thereof (minimum fee of $100).

Alternatively, Customer can notify MBO to recycle the remaining inventory for the same $100 per pallet or any portion thereof.

Cancellation of Service will result in the removal of the complete sales page, including all versions of the fulfillment titles.

7. ADDITIONAL TITLES AND FORMATS

Customer agrees that, if Customer wishes to store and fulfill an additional title(s) or format, Customer will be responsible for the cost of the Service (which MBO may discount at its discretion), and all Renewal Fees at the expiration of the Initial Term or any Renewal Term. Customer will pay to MBO the Initial Term and Renewal Term fees on a per title basis.

8. MISCELLANEOUS PROVISIONS

a. Pre-Orders of Customer’s Book

Pre-Order capability will only be made available through Customer’s sales page at a maximum of three (3) weeks prior to estimated availability of the physical book, or when Customer’s files have been submitted to the printer for a physical proof (commencement of Customer’s initial print run). There is a one time $20.00 fee required to enable Customer's sales page for pre-order sales.

Pre-order sales for eBooks will not be allowed under any circumstances.

b. Types of Orders Accepted by MBO

The only types of book orders fulfilled through the Service are orders by the general public. If Customer orders copies of his/her book through the sales page, those sales will be listed on monthly statement and will be subject to the same fees associated with orders placed by the general public. Orders by industry wholesalers and retailers must be placed through Customer’s distributor.

MBO does not accept phone or fax orders under any circumstances.

c. Customer Orders

For all orders placed by Customer through his/her sales page, Customer shall pay shipping. Additionally, the total transaction is subject to the $2.50 per book pick/pack fee and other fees described in Section 4 of this Agreement.

Customer may place bulk orders through Hillcrest Author Center. For bulk orders, Customer shall pay shipping, as well as a $7.00 (seven dollar) per carton pick and pack fee.

If Customer places a test order through the sales page, that order will be fulfilled and sent to the address provided. That sale will be listed on monthly statement and will be subject to the same fees associated with orders placed by the general public.

d. Return Policy for MyBookOrders.com Book Purchaser

MBO will accept returns only if the Book Purchaser receives an incorrect book (e.g., the book shipped to the Book Purchaser is not the book that Book Purchaser originally ordered through Customer’s sales page) or if the Book Purchaser receives a book that is damaged in shipping (and is in unreadable condition). MBO will not accept returns under any other circumstance.

If the Book Purchaser receives an incorrect book, the Book Purchaser must contact MBO within ten (10) business days and return book to MBO. MBO will replace the book at no charge to Customer or to the Book Purchaser. The incorrect book will be sent back to the fulfillment center to be entered into inventory.

If the Book Purchaser receives a book damaged in shipping (unreadable condition), the Book Purchaser must contact MBO within ten (10) business days and return the book to MBO. MBO will replace the book at no charge to Customer or to the Book Purchaser. The damaged book will be destroyed. Customer shall not receive recompense for damaged books; they shall be counted as loss.

MBO does not accept eBook returns under any circumstances.

e. Credit Card Processing Fees

Credit card processing fees are subject to change without notice. The credit card processing fee will not change by more than one percent (1.0%) within a calendar year.

f. DRM for eBooks

Customer acknowledges that he/she may choose to sell eBooks from his/her sales page created as part of the Service. eBook format must be .epub. Customer acknowledges that, if he/she elects to make eBook files (any format) available for sale as part of the Service, said eBook files will not be DRM protected, unless DRM protection is purchased.

g. Promo Codes

If Customer wishes to create Promo Codes for his/her Book on MyBookOrders.com, Customer may do so at any time via his/her account in the Hillcrest Author Center. Customer may also request for Hillcrest to create a promo code for him/her. Hillcrest will create one (1) Promo Code per quarter, four (4) times per year on Customer’s behalf. Customer must notify Hillcrest in writing of the name of the Promo Code, the discount to be given on the sale of Customer’s Book, and the time period for which Promo Code is to be valid. (For example, promo code name: 50PERCENTWEEK; discount given: 50% off the original list price; time period: valid for one week). If Customer requests for Hillcrest to create more than the allowed number of Promo Codes, Customer will be subject to a $10.00 fee per Promo Code created.