Ghostlauncher Terms and Conditions.

For One Hour Book and Guaranteed Bestseller Programs. 

 

WE ARE EXCITED TO HAVE YOU ON BOARD AT DAUNTLESS PROSE.

BELOW IS OUR PROMISE TO YOU AND YOUR PROMISE TO US. AS LONG AS WE BOTH KEEP THIS AGREEMENT, IT IS A WIN-WIN!

 

Guaranteed Bestseller.

This agreement includes: Bestseller Kindle Launch

Includes:

  • Bestseller Kindle Launch (Amazon US store)

  • Managed Bestseller Launch

 

YOU UNDERSTAND THAT THIS AGREEMENT IS FOR A KINDLE BOOK ONLY.

 

THE TERM OF THIS PROGRAM AND AGREEMENT SHALL BE FOR A PERIOD OF SIX (6) MONTHS FROM THE DATE OF EXECUTION OF THIS AGREEMENT OR, IN THE EVENT PAYMENT HAS NOT BEEN MADE IN FULL WITHIN SIX (6) MONTHS, THEN THE TERMS SHALL APPLY UNTIL PAYMENT HAS BEEN PAID IN FULL. FAILURE TO MAKE ANY PAYMENT, IS A BREACH OF THIS AGREEMENT AND UPON FAILURE TO CURE SUCH LACK OF PAYMENT WITHIN TEN (10) DAYS’ NOTICE, I UNDERSTAND THAT THE ENTIRE BALANCE FOR THE PROGRAM IS DUE PRIOR TO BEGINNING.

 

YOU AGREE TO PREPARE AND DELIVER YOUR COMPLETED KINDLE (MOBI) FILE AND COVER FILE (JPG) TO US WITHIN 30 DAYS PRIOR TO RELEASE DATE. AT TIMES DURING THIS PROCESS WE WILL REQUEST YOUR APPROVAL AND GIVE YOU A REASONABLE DEADLINE TO APPROVE. IN THE EVENT THAT YOU DO NOT RESPOND WITHIN THE DEADLINE PROPOSED, YOU AGREE THAT FAILURE TO RESPOND WILL SERVE AS YOUR APPROVAL. WE MUST HAVE A MINIMUM OF 30 DAYS FROM THE TIME WE RECEIVE YOUR MANUSCRIPT PRIOR TO LAUNCHING.

 

YOU ARE REPRESENTING TO US THAT YOU CONTROL THE FULL RIGHTS TO YOUR BOOK AND AGREE TO GRANT US THE RIGHTS OUTLINED IN THIS AGREEMENT. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING COPYRIGHT PERMISSION FOR ANY PORTIONS OF YOUR BOOK THAT ARE NOT FULLY OWNED BY YOU. YOU ALSO AGREE TO NOTIFY US OF ANY PORTIONS OF YOUR BOOK THAT HAVE BEEN PREVIOUSLY PUBLISHED OR WHERE THE COPYRIGHTS TO THE MATERIAL ARE OWNED BY A THIRD PARTY.

 

YOU REPRESENT AND WARRANT THAT NO MATERIAL IN YOUR BOOK  WOULD BE CONSIDERED FALSE, INACCURATE, LIBELOUS, OBSCENE, OR INJURIOUS TO ANOTHER PARTY IN ANY MANNER, AND IT DOES NOT CONTAIN ANY MATERIAL THAT WOULD VIOLATE ANY RIGHT TO PRIVACY, PERSONAL OR PROPRIETARY ACT OR OTHER COMMON LAW OR STATUTORY RIGHT AND THAT THE USE OF ANY INSTRUCTION, FORMULA, RECIPE OR OTHER MATERIAL FROM YOUR BOOK WILL NOT RESULT IN INJURY OR HARM TO ANOTHER. YOU ACKNOWLEDGE THAT YOUR BOOK IS NOT PLAGIARIZED AND DOES NOT INCLUDE FALSELY ATTRIBUTED STATEMENTS OF THIRD PARTIES. YOU REPRESENT THAT YOU ARE THE OWNER OF ANY TRADEMARKS AND/OR TRADE NAMES ASSOCIATED WITH YOUR BOOK AND THAT THE USAGE OF SUCH TRADEMARKS OR TRADE NAMES DOES NOT INFRINGE UPON THE RIGHTS OF THIRD PARTIES.

 

YOU AGREE TO INDEMNIFY AND HOLD US AND OUR AFFILIATES AND ASSIGNS HARMLESS FROM ALL SUITS, CLAIMS AND PROCEEDINGS WHICH MAY BE TAKEN AGAINST YOU OR US AS A RESULT OF ANYTHING YOU SAY, YOUR FAILURE TO DISCLOSE OR YOU MISREPRESENT YOUR PROPER OWNERSHIP OF OR RIGHTS TO YOUR BOOK.

 

WE MAKE NO WARRANTY OR GUARANTEE CONCERNING ANY MINIMUM SALES OF THE BOOK, BUT DO GUARANTEE THAT WE WILL MAKE AT LEAST ONE BEST-SELLER LIST ON THE AMAZON.COM BEST-SELLER CHARTS OR A BEST-SELLER CHART ON A LIST OF SIMILAR STATURE. YOU ALSO UNDERSTAND THAT YOUR COMMITMENT TO THIS BOOK GUARANTEES YOUR PAYMENT AND YOU MAY NOT RECEIVE A REFUND UNLESS THIS BOOK DOES NOT REACH AT LEAST ONE BEST-SELLER LIST.  

 

IN ORDER FOR US TO PROMOTE THE BOOK TO THE BEST OF OUR ABILITY YOU ARE GIVING US THE RIGHT TO USE YOUR NAME, LIKENESS AND BIOGRAPHICAL INFORMATION IN THE PROMOTION OF THE BOOK AND TO ALLOW US, OUR AFFILIATES AND ASSIGNS THE SAME RIGHTS. YOU ALSO UNDERSTAND AND AGREE THAT WE MAY HAVE TO CHANGE THE BOOK DESCRIPTION ON AMAZON OF THE BOOK AT ANY TIME, AND AT SUCH TIME, WE WILL NOTIFY YOU.

 

YOU ALSO AGREE TO ALLOW US TO MAKE EXCERPTS FROM THE BOOK VIEWABLE ON OUR WEBSITE OR PARTNER WEBSITES THAT HAVE ENTERED INTO AGREEMENTS WITH US, IN ORDER TO MAXIMIZE THE PROMOTION OF THE BOOK.

 

THE RIGHTS TO THIS BOOK AND ITS ROYALTIES BELONG TO YOU.

 

INDEMNIFICATION: YOU AGREE TO INDEMNIFY AND HOLD US HARMLESS ALONG WITH OUR AFFILIATES AND ANY SELLER OF YOUR BOOK FROM AND AGAINST ANY LOSSES, LOST PROFITS, DAMAGES, LIABILITIES, JUDGMENTS, AWARDS, DECREES, SETTLEMENTS, OR EXPENSES (INCLUDING WITHOUT LIMITATION, REASONABLE ATTORNEY’S FEES AND COURT COSTS) ARISING FROM, CONNECTED WITH, OR BY REASON OF ANY BREACH OR ALLEGED BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT. YOU AGREE NOT TO OFFER A COMPETING SERVICE OR ONE OF A SIMILAR NATURE TO OTHERS FOR A PERIOD OF 18 MONTHS FOLLOWING THE COMPLETION OF THIS BOOK LAUNCH YOU ARE PARTICIPATING IN.

 

ALL REPRESENTATIONS, WARRANTIES AND INDEMNITIES MADE BY YOU HEREIN SHALL SURVIVE TERMINATION OF THIS AGREEMENT. "AFFILIATES" MEANS OWNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATED COMPANIES, LICENSEES, DISTRIBUTORS, ADVERTISERS, AND ANY OTHER PERSON OR ENTITY TO WHOM WE EXTEND OR ASSIGN OUR REPRESENTATIONS AND WARRANTIES TO IN CONNECTION WITH THE PRODUCTION, DISSEMINATION, TRANSMISSION, PROMOTION, PUBLICATION OR DISTRIBUTION OF YOUR BOOK, OR THE EXERCISE OF ANY RIGHTS THEREIN OR DERIVED THEREFROM. IN DEFENDING ANY SUCH CLAIM, ACTION OR PROCEEDING, WE SHALL HAVE THE RIGHT TO DEFEND WITH ATTORNEYS OF OUR OWN SELECTION AND TO SETTLE THE SAME AND YOU SHALL FULLY COOPERATE IN THE DEFENSE THEREOF.

 

MEDIATION AND ARBITRATION: IN ANY DISPUTE REGARDING THIS AGREEMENT EXCEPT FOR COLLECTION OF UNPAID FEES, UNDER THIS AGREEMENT, THE PARTIES AGREE THAT THE SOLE REMEDY FOR THE RESOLUTION OF THE DISPUTE SHALL BE THROUGH MEDIATION AND ARBITRATION. THE PARTIES WILL FIRST ATTEMPT TO MEDIATE THE MATTER. IN THE EVENT THEY ARE UNABLE TO REACH AN AGREEMENT WITHIN 60 DAYS, THEN EITHER PARTY MAY FILE FOR ARBITRATION WITH THE AMERICAN ARBITRATION ASSOCIATION OR SUCH RECOGNIZED ARBITRATION SERVICE AS THE PARTIES MAY MUTUALLY AGREE. FOR THE PURPOSES OF THIS AGREEMENT AND ALL MATTERS RELATED TO IT, THE LAWS OF THE STATE OF ARIZONA SHALL GOVERN AND VENUE FOR ALL HEARINGS SHALL BE HELD IN MARICOPA COUNTY, STATE OF ARIZONA. ALL LEGAL ACTIONS MUST BE BROUGHT BY A SINGLE PARTY AND CANNOT BE BROUGHT IN A CLASS. THE PREVAILING PARTY TO ANY ARBITRATION SHALL BE ENTITLED TO AN AWARD OF ATTORNEY’S FEES, COST AND REASONABLE EXPENSES. NO REFUNDS SHALL BE GRANTED AFTER 3 BUSINESS DAYS FROM THE EXECUTION OF THIS AGREEMENT, UNLESS YOU ARE NOT ACCEPTED TO PARTICIPATE AT THE SOLE DISCRETION OF DAUNTLESS PROSE.

 

BREACH & DISPUTE RESOLUTION: IN THE EVENT OF A BREACH OF THIS AGREEMENT BY EITHER PARTY, THE NON-BREACHING PARTY AGREES TO PROVIDE THE BREACHING PARTY WRITTEN NOTICE AND A THIRTY (30) DAY OPPORTUNITY TO CURE BEFORE TERMINATING THIS AGREEMENT.

 

NON DISPARAGEMENT: THE PARTIES TO THIS AGREEMENT SHALL NOT MAKE ANY MATERIAL DISPARAGING OR NEGATIVE COMMENTS CONCERNING EACH OTHER, THEIR OFFICERS, EMPLOYEES, BUSINESS PRACTICE, OPERATIONS, OR CONDUCT TO THE PUBLIC, TO INDUSTRY INDIVIDUALS, OR TO ANY POTENTIAL OR CURRENT BUSINESS PARTNER OR PROSPECTS, EXCEPT TO A PARTY’S BUSINESS ADVISORS AND ATTORNEYS, OR AS REQUIRED BY COURT SUBPOENA OR ORDER.

 

IN THE UNLIKELY EVENT OF A DISPUTE BETWEEN US, YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS DEEMED TO HAVE BEEN ENTERED INTO IN THE STATE OF ARIZONA, AND ITS INTERPRETATION, CONSTRUCTION, AND THE REMEDIES FOR ITS ENFORCEMENT OR BREACH ARE TO BE APPLIED PURSUANT TO AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF ARIZONA.

 

ALL PARAGRAPHS DEALING WITH NON-DISCLOSURE, NON COMPETE, CONFIDENTIALITY, NON-DISPARAGEMENT, INDEMNIFICATION AND MEDIATION AND ARBITRATION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

 

IN ANY SUIT FOR THE COLLECTION OF UNPAID AMOUNTS UNDER THIS AGREEMENT VENUE SHALL BE MARICOPA COUNTY, ARIZONA, APPLYING ARIZONA LAW. THE PREVAILING PARTY SHALL BE AWARDED ATTORNEY’S FEES AND COSTS.

 

SURVIVAL CLAUSE: ALL PARAGRAPHS DEALING WITH NON-DISCLOSURE, NON COMPETE, CONFIDENTIALITY, NON-DISPARAGEMENT, INDEMNIFICATION AND MEDIATION AND ARBITRATION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

 

For the One Hour Book.

All terms and conditions apply above. Editing,  covers and advertising not included.