contract

BECOME A BOOK SELLER

  • Sell ebooks published by ACS Distance Education
  • Unlimited Territory
  • Low start up cost
  • Sell titles as downloads or as CD’s
  • Over 80 titles
  • An automated online shop can be built using customised and manageable software created by our programmers. For an approved partner, we can build your own branded online bookshop in less than a day, and you can manage content (eg. book descriptions, blog, news panel), without the need for any in house IT support.
  • As long as 50% or more of what you sell are our e books; we are happy for you to use our software to sell additional ebooks from other sourses as well.

 

 ACS Distance Education -Our Experience:

Staff at ACS have been writing books, magazines and courses since 1979.

The principal & owner of ACS is a well known author, with over 40 books published by publishers including Simon & Schuster/Kangaroo Press, Harper Collins, Hyland House, Leisure Press and Landlinks Press.

Our team of writers includes published authors from across a range of disciplines including Adriana Fraser, Rosemary Davies, Tracey Jones, Gavin Cole and others.

 

Our E book Publications

ACS will eventually publish non fiction ebooks across a range of disciplines including:

Gardening, Landscaping, Horticulture, Farming, Self Sufficiency, Animals, Business and Management, Writing, Health, Fitness, Human Nutrition, Environmental Sciences, Psychology and Counselling.

The current range of titles can be seen at www.acsebook.com

The publishing schedule aims to produce between 12 and 15 new titles a year.

The first E book was published in early 2011; a third edition of John Mason’s best selling book “Commercial Hydroponics”. This book was printed ten times between 1990 and 2005.

A range of other titles with a history of selling well as printed titles are systematically being revised and republished as e books.

 

What it Costs?

  • No buy in cost for suitable applicants
  • 40% of rrp reported on and paid for quarterly

 

Who Can Sell these Books?

Our intention is to develop a network of independant booksellers rather than selling through dominant retailers such as i tunes or Amazon. This will enable our distributors to differentiate themself to some degree from those large booksellers.
Our distributors may include:

  • School and College bookshops (both ACS Distance Education affiliates, and others)
  • Established bookshops that have a desire to expand into distributing e books
  • Individuals with expertise and established networking within their industry, who seek to develop an online bookshop as an adjunct to their other professional activity (eg. consultants, business coaches, media professional etc)
  • Other businesses that have a desire to expand into distributing e books (eg. established mail order or online businesses).

We are interested in discussing the establishment of a bookshop with anyone who is interested and who can demonstrate a capacity to succeed in this area of business.

 
See the range of e books and a typical online bookshop at http://www.acsebook.com/

 

Want to know more?   Contact   admin@acs.edu.au
 

TERMS & CONDITIONS

 

Our Standard bookseller contract is as follows:

 

EBOOK DISTRIBUTOR LICENSE AGREEMENT


 This agreement is made on the ………………day of ……..………….., 201....
 

BETWEEN: First Napier Street Investments Pty Ltd ACN 006 249 476 T/A ACS Distance Education

P.O. Box 2092, Nerang MDC, Qld. 4211

AND:

 

 

 

 

RECITALS:

(A)             First Napier Street Investments owns management rights to ebook publications, published by John Mason and distributed under the trading name, ACS Distance Education (hereafter known as ACS)

(B)             ……………………………….(hereafter known as the Ebook Distributor) is engaged in the sales and distribution of ebooks published by John Mason

(C)                          ACS and the Ebook Distributor agree to collaborate on this Project.

 

 

IT IS AGREED THAT

 

1. Information and Intellectual Property

            

1.1     Information and intellectual property provided by either party during the license agreement process and thereafter remains the property of the party disclosing that information (ACS or the Ebook Distributor), and shall not be disclosed to a third party, including any institution with whom ACS or the Ebook Distributor is affiliated. Exceptions to this are:

a          information that at the time of disclosure is in the public domain, or      

b          information that, subsequent to disclosure, becomes part of the public domain other than through a breach of this Agreement, or

c          information that was already lawfully in the possession of the receiving party at the time of the disclosure, or

d          information required to be disclosed by law or by a public company having jurisdiction over the holder of the information.

 

1.2     Sensitive information gained by one party about the other by any means in the license agreement process or thereafter, and that may affect the public image, reputation or operations of either party, shall be retained in confidence and shall not be disclosed to any third party, including any entity with whom ACS or the Ebook Distributor is affiliated, without the written consent of the affected party. 

 

1.3     All intellectual property rights (IPR) arising from and connected with the subject matter of the Project provided by ACS and the developments thereof by ACS or it’s owners shall be held by ACS or it’s owners, whether or not such rights are registered or capable of registration. This shall include all copyright, patents, trademarks, design protection or rights to confidential information including all applications of the same; all rights relating to all inventions, confidential processes and procedures and electronic information (eg. data files, images and computer software); and all applications for registration in or relating to the Project.

         

1.4       A copyright statement acknowledging ownership by John Mason or ACS; and Ebook Distributor licensing rights, should be included with any intellectual property supplied by the Ebook Distributor to any third party.

 

1.5       Any direct or indirect use by the Ebook Distributor of ACS or John Mason owned IPR will be subject to separate written agreement between ACS and the Ebook Distributor . This includes the sub licensing of IPR to be sold or used by a licensee or Ebook Distributor .

 

1.6       Both parties agree to negotiate in good faith to reach agreement in relation to the licensing of IPR arising from the Project, if and when a third party licensee is introduced by the Ebook Distributor. ACS reserves the right to choose to not enter into a third party licensing agreement.

 

 

2. The Product

 

2.1       ACS will supply a range of intellectual property and services including:

  • Ebooks (electronic copies, then periodic updates where ACS deems necessary)
  • Updates (periodic mailings to notify of news relevant to the Ebook Distributor)

 

2.2       ACS will control the content of electronic versions of ebooks, but the Ebook Distributor will have the opportunity to input comment and suggestions for revisions or improvements to the academic department of ACS. In accordance with standard procedure, staff will give balanced and unbiased consideration to all feedback received from all Ebook Distributors.

     

 2.3     Any book offered by the Ebook Distributor which does not generate a minimum of 2 sales over a 12 month period, may be withdrawn from the selection offered by the Ebook Distributor at the end of that 12 month period, unless an agreement to the contrary is made between both parties.

 

3.        Payment

 

 

3.1       The Ebook Distributor shall pay ACS a percentage of monies generated through sales, in accordance with the following: ACS Affiliated Colleges will pay 35% of ACS RRP royalty to ACS for each ebook sold. All other Ebook Distributors will pay 40% to ACS for each ebook sold.

 

 

3.2       The Ebook Distributor may set a price for a book at any level they so choose; provided the price is no less than 20% below the rrp, set by the ACS bookshop. As such they may choose a price to fit the economic conditions of the country in which they operate.

 

 

3.3       The Ebook Distributor will report ebook sales to ACS every quarter, within the fourth week of each of the following months: March, June, September and December, reporting on sales over the previous three months (book names, numbers of each and amount of money taken). ACS will then invoice the Ebook Distributor, and the invoice should then be paid within 30 days. ACS reserves the right to charge interest on overdue invoices.

            Reports are to be emailed to accounts@acs.edu.au and john@acs.edu.au

 

3.4       ACS reserves the right to an independent audit of the Ebook Distributor no more than annually to verify Ebook Distributor sales figures, and the Ebook Distributor agrees to make available all such records to the independent auditor as is necessary to satisfy the audit request.

 

3.5       On termination of this Agreement for whatever reason by one party, the second party shall be entitled to submit invoices to cover their reasonable costs to the date of termination, unless the second party is in breach of contract. To clarify: A party in breach of contract may not submit invoices to recover costs.

 

3.6       Royalty figures are calculated on net sales, exclusive of any government taxes. ACS is     then obliged under Australian government rules to charge GST on the royalty to Australian Ebook Distributors. Overseas Ebook Distributors are GST free.

 

3.7       Payment of the royalties are to be made by bank to bank transfer in AUD$ into an   account specified by ACS, or otherwise as pre arranged with ACS. Please notify accounts@acs.edu.au of your remittance.

 

4          Terms and Termination

 

4.1       This Agreement shall run for a period of two years from the date of signing, with an annual review to assess progress carried out on or within a reasonable period from the anniversary of the date of signing. The contract will be subject to review at the end of this two year period, at which time ACS reserves the right to decide to continue with the agreement, or not.

 

4.2       The contract will automatically be terminated if the Ebook Distributor:

                        a.         Does not protect ACS and John Mason intellectual property rights

                        b.         Operates illegally, in terms of both national and international laws

                        c.         Engages in unethical or defamatory treatment of any other Ebook Distributor 

within the network of Ebook Distributors

 

4.4       The contract may be terminated by one party:

                         a          Where both parties agree to the termination for any reason, or

                        b          Where the terminating party can show reasonable need to terminate, and

d          Where in cases a and b, both parties agree in writing to the termination, or

e          Where one party is in breach of contract, in which case the other party may terminate after going through a dispute resolution process with an independent arbitrator

 

4.5       Should a material breach to the Agreement occur, then the party in breach must remedy or take the appropriate action to remedy the breach within 1 month of notification. Should the parties fail to reach an agreement concerning the breach, the parties agree to enter into a period of mediation using an independent arbitrator to resolve outstanding issues, after which time either party may terminate the agreement

           

4.6       On and following termination each party must undertake to ensure that they do not present to others or misrepresent to any third party the status of the relationship between ACS and the Ebook Distributor.

 

4.7       On termination all linkages or acknowledgements to the other party shall be removed or overwritten on published material before distribution to any third party and any request by ACS or the Ebook Distributor to the other to return or destroy material that was not produced in collaboration between ACS and the Ebook Distributor must be complied with within four months.

 

4.8       If ACS ceases to operate for any reason whatsoever, the Ebook Distributor will continue ad infinitum to retain rights to use ebooks in its possession, provided a royalty payment continues to be made at the level specified by the contract, to the previous owners of ACS, or their heirs.

 

 

5          General

 

5.1       This Agreement may not be assigned or sub contracted to any other party without the prior written agreement of both parties.

 

5.2       The Agreement may be terminated only by a written and signed notice of termination from one or both parties, and only according the conditions stipulated in item 4.3.

           

5.3       No part of this Agreement may be amended without the prior written approval of both parties.

 

5.4       Neither party hereto shall be held liable for the failure to comply with any of its obligations under this Agreement, when and if such failure arises from a cause which is beyond the control of the party failing to perform and does not arise from that party’s negligence.

 

5.5       Each of the clauses and the sub-clauses shall be deemed separate and severable to the intent that if any is declared invalid or unenforceable, such declaration shall not affect the validity of the remainder.

 

5.6       This Agreement and all matters arising in connection with it shall be governed by Australian Law and subject to the Jurisdiction of the Australian courts where those laws do not contradict or prevent compliance with laws which both or either party is subject to in countries other than Australia.

 

 

 

 

For and on behalf of ACS Distance Education   For and on behalf of ……………………

 

 

……………………………………..(signed)              …………………………………….(signed)

 

Name: John Mason                                                      Name:

 

Position: Principal                                                         Position:                      

 

Date:                                                                            Date:

                                                                                                                                                                                                                                                                                                           

Witnessed by

 

Name …………………………………..                    Name …………………………………..

 

……………………………………..(signed)              ……………………………….(signed)

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