Terms for marketing in the managed network via third-party vendors such as Google, Facebook, Twitter and others.
1. GRANT OF RIGHTS and Territories: By choosing an Amazonian Book Promo package, you grant Authorlink the non-exclusive right to promote your eBook and/or printed book in the form of one or more advertisements through a network of third-party online websites, apps and blogs which may include websites such as Google, Facebook, Twitter and others in the geographical territories these entities serve. The advertisements to be created by Authorlink may not be used by the client for other purposes.
2. DELIVERY OF ADVERTISEMENTS: Authorlink, at its sole discretion, will design an ad campaign for you and deliver a certain number of advertising impressions (the number of times your ad is displayed on a web site or blog) by setting up and monitoring your monthly advertising campaign and directing your ads toward the most viable audiences for your specific book, which may include age, location, interests and other demographics. Note: search engine algorithms determine where your ad appears. This is a beta program. Not all features on the site may work as intended at this time–but the ad campaign does! The same artwork used for network distribution may be repurposed by Authorlink for other applicable collateral materials in your package such as bookmarks.
3. SUBMITTING CONTENT TO AMAZONIAN BOOK PROMO: Through your Authorlink Book Promo account, you will provide us with your full contact information, and with your book title author name, ISBN (optional), book category, a brief description of your book (about 10-15 words) and optionally, your desired target audience.
4. ADVERTISING CONTENT, REVISIONS, REVISION FEES: Authorlink, at its sole discretion, will design the ad campaign to achieve maximum results for you. Multiple ad sizes or approaches may be created to accommodate different websites. You will have the opportunity to review the ad(s) before posting. However, Authorlink retains the right of final approval. Should you disagree with the ad content, you may request one round of changes. We are not obligated to make those changes. If you do not agree with the ad layouts and we opt not to change them, you have the right to withdraw from the program before your campaign is launched based on the terms of withdrawal in paragraph 5 below.
5. TERMINATION AND EARLY WITHDRAWAL: You can withdraw from the program at any time. An early withdrawal fee of $25 may be assessed if you withdraw before campaign launch or prior to the end of the first campaign month. Any unattained minimum impressions for that month only will be prorated and refunded to you, less the early withdrawal fee, if applicable.
6. REFUNDS AND GUARANTEE: We guarantee that we will reach the stated minimum number of ad impressions (lowest stated advertised range) for Plans A,B and C during a 30-day period or we will refund the pro-rated cost of any unattained impressions. Authorlink makes no claim or guarantee that the client will gain any book sales as a result of the Amazonian Book Promo program. This program is designed to enhance the client’s visibility.
7. Rights Clearances
You will obtain and pay for any and all necessary clearances and licenses to permit our exercise of the rights granted hereunder with respect to promoting your eBook without any further payment obligation by us, including, without limitation, all royalties and other income due to any copyright owner.
8. Representations & Warranties
You represent and warrant that: (i) you hold the necessary rights, including all intellectual property rights, in and to the eBook and related content to enter into this Agreement and grant the rights granted herein and such rights are not subject to any prior agreement, lien or encumbrance that may interfere with the free exercise of the rights hereunder; (ii) your eBook does not contain any obscene or libelous material or material that is in any way unlawful under the laws of any jurisdiction in which you agree it may be sold; (iii) the use, with reasonable care and skill, of any instruction, material, or advice contained in your eBook is not likely to result in injury and your eBook includes appropriate warnings and safety precautions concerning any particular hazards that may be involved in the use of any such instruction, material or advice; (iv) your eBook may be sold, marketed, displayed, distributed and promoted as contemplated by this Agreement without violating or infringing the rights of any other person or entity, including, without limitation, infringing any copyright, patent, trademark or right of privacy, or any other intellectual or industrial property right, title or interest of any party, and without obligating Authorlink to pay any fees to third parties; (v) you will pay or cause to be paid all royalties, fees or other compensation due to third parties in connection with the use of your eBook in the manner contemplated by this Agreement; and (vi) all information you provide hereunder shall be accurate and current. Additionally, if you are not an individual, the individual person who accepts this Agreement for you further represents and warrants that he or she is entitled to enter this Agreement as your authorized representative and to bind you to the terms of this Agreement.
AUTHORLINK AMAZONIAN BOOK PROMO IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. AUTHORLINK DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO ALL SERVICES, SOFTWARE, CONTENT OR PRODUCTS PROVIDED BY OR ON BEHALF OF US IN CONNECTION WITH THIS AGREEMENT. AUTHORLINK DOES NOT WARRANT THAT YOUR USE OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. AUTHORLINK CANNOT ENSURE THAT YOUR CONTENT WILL BE PROTECTED FROM THEFT OR MISUSE OR THAT CUSTOMERS WILL COMPLY WITH ANY CONTENT USAGE RULES AUTHORLINK MAY MAKE APPLICABLE IN CONNECTION WITH USE OF YOUR CONTENT AUTHORLINK WILL HAVE NO LIABILITY ARISING FROM A FAILURE OF ANY SECURITY SYSTEM OR PROCEDURE OR OF ANY CUSTOMER TO COMPLY WITH ANY CONTENT USAGE RULES.
CERTAIN STATE OR NATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND IF SUCH LAWS ARE APPLICABLE, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless AUTHORLINK, its parents, subsidiaries, affiliates, distributors, licensees and partners and their respective directors, officers, employees, agents, shareholders, partners, members and other owners (“Indemnified Parties”) against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys’ fees and expenses, collectively, a “Claim”) brought about by any person that arise out of or are based on your breach of this Agreement or any breach of the representations, warranties, covenants or agreements you make herein. Each Indemnified Party will be entitled, at its expense, to participate in the defense and settlement of the Claim with counsel of its own choosing. You may not enter into any settlement or other disposition of any Claim without the prior written approval of the applicable Indemnified Parties.
10. Intellectual Property
Subject to the authorizations granted to us hereunder, as between us and you, you retain all ownership rights in and to the copyrights and all other rights and interest in and to your content. Authorlink retains all ownership rights in and to the copyrights and all other rights and interests in and to Authorlink. Authorlink is solely responsible for, and will have full discretion with respect to the terms, features, and operation of Authorlink and the marketing therefor. In the event that you provide suggestions, advice, ideas or other feedback to Authorlink in conjunction with AUTHORLINK Press (“Feedback”), Authorlink shall be free to use and exploit such Feedback without restriction and will have no obligation to compensate you.
As used herein, “Confidential Information” means: (i) any information that would reasonably be considered to be confidential information of Authorlink in light of the circumstances surrounding the disclosure; and (ii) any other information provided by Authorlink to you hereunder including, but not limited to: (a) any information regarding Authorlink, its parents, subsidiaries, affiliates, distributors, licensees and partners and their businesses you receive in connection with your activities on Authorlink, including but not limited to their technology, customers, business plans, marketing activities and finances; (b) the content and existence of any communications between you and us.
Except with our prior written consent, you shall not (x) use or disclose any Confidential Information other than to your employees or a third party who have a need to know and any disclosure to third parties may only take place under a non-disclosure agreement at least as protective of Confidential Information as this Agreement; or (y) make copies or allow others to make copies of Confidential Information except as is reasonably necessary for your internal business purposes. If you are required to disclose Confidential Information to a third party in connection with any ongoing civil or criminal investigation or any legal proceeding, you must promptly notify Authorlink so that we may, if we choose, seek an appropriate protective order or take other appropriate steps to seek to limit or prevent such disclosure. Without limiting the survivability of any other provision of this Agreement, your obligations under this Section will survive five (5) years following the termination of this Agreement.
12. Limitation of Liability
IN NO EVENT SHALL THE LIABILITY OF AUTHORLINK HEREUNDER (I) EXCEED THE AMOUNT PAYABLE BY YOU TO AUTHORLINK PURSUANT TO THIS AGREEMENT FOR THE SIX (6) MONTH PERIOD PRECEDING ANY CLAIM, OR (II) INCLUDE ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, LIQUIDATED, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OR PENALTIES INCLUDING, BUT NOT LIMITED TO, LOSSES OF DATA, BUSINESS, REVENUE OR ANTICIPATED PROFITS. THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY REGARDLESS OF THE CAUSE OF ACTION UNDER WHICH SUCH DAMAGES ARE SOUGHT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, WHETHER OR NOT THE PARTIES WERE OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF WHETHER ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. Dispute Resolution and Applicable Law
BY ENTERING INTO THIS AGREEMENT, YOU AGREE THAT ANY CLAIM ARISING HEREUNDER WILL BE RESOLVED BY BINDING ARBITRATION CONDUCTED BY TELEPHONE, ONLINE OR BASED SOLELY UPON WRITTEN SUBMISSIONS WHERE NO IN-PERSON APPEARANCE IS REQUIRED. ALL CLAIMS SHALL BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND SHALL NOT BE CONSOLIDATED WITH ANY CLAIM OF ANY OTHER PARTY, WHETHER THROUGH CLASS ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH CLAIM SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH PARTY ACKNOWLEDGES THAT THIS SECTION 15 IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY TO ENTER INTO THIS AGREEMENT.
ANY ARBITRATION SHALL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES (INCLUDING WITHOUT LIMITATION THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, IF APPLICABLE) AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED INTO ANY COURTS HAVING JURISDICTION THEREOF. ALTERNATIVELY, AT OUR SOLE OPTION, A CLAIM (INCLUDING CLAIMS FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF) MAY BE ADJUDICATED BY THE COURTS OF NEW YORK COUNTY, NEW YORK. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS PRINCIPLES OF CONFLICTS OF LAW.