ROYALTY INTERMEDIATION LICENSE AGREEMENT
By accepting the terms contained in this document, you acknowledge and fully agree with all the rules described below, applicable to all your browsing and all materials (books, documents, presentations, and other files) that you register on the website www.literaryhighways.com, legally represented by Pensática Unipessoal Lda., headquartered at Rua Luis António Verney, 154 - São Domingos de Rana - Cascais - Lisbon District, Portugal, with Tax Identification Number 517215560. The terms below refer to the website www.literaryhighways.com and its legal representative, hereinafter referred to as SITE, and to you, hereinafter referred to as AUTHOR.
THE NATURE OF THE RELATIONSHIP
The SITE has the sole and exclusive function of intermediating royalties between the AUTHOR and the general public.
FIRST CLAUSE: As the holder of the royalties for the editing, publishing, reproduction, and commercialization of all files published on the SITE by the AUTHOR, the AUTHOR grants the SITE, for an indefinite period, the right to make available on the worldwide web (Internet), the publication and commercialization of all works registered on the SITE, in printed and/or digital versions.
§ first: The AUTHOR may request the distribution of their work through the SITE's partner channels, such as bookstores and marketplaces, at the time of publication; however, the actual display and commercialization of the work in such channels will depend on the deadlines and acceptance and interest in maintaining the work by each of them, who may consider technical characteristics, content, theme, financial policy, or commercial expectation in their decisions.
§ second: The AUTHOR will have full authority to cancel the applicability of this term on any of their works, and for this purpose, must personally remove it from the SITE using tools made available on the SITE. The SITE has a maximum period of 60 (sixty) days to deactivate the sale of the work from its virtual catalog and to request the deactivation of the sale in the catalogs of partner sales channels, which will deactivate the sale according to their regulations, except when supported by the third paragraph of this clause, with the terms of this contract remaining in effect until the end of the mentioned period.
§ third: If any partner channel has acquired one or more copies of the work for resale during the period in which the authorization was in effect, the AUTHOR guarantees and accepts that the channel has the right to commercialize it for the time necessary to exhaust their stock, with the AUTHOR being remunerated exactly according to the payment policy provided in the second paragraph of the second clause.
§ fourth: If the AUTHOR requests the cancellation of their registration, it is up to the AUTHOR to remove all active publications on the Literary Highways SITE. If there is a balance to be received for royalties, the SITE will make the payment of the balance by the fifth business day of the month following the month of withdrawal request for registration cancellation.
SECOND CLAUSE: The AUTHOR himself will establish how much he wishes to receive per copy sold of each of his files registered on the SITE, using tools made available by the SITE itself.
§ first: Books sold directly by the SITE will yield royalties to the author in the exact amount determined by him at the time of publication.
§ second: Books sold through channels or stores to which the SITE distributes with the authorization of the AUTHOR will yield royalties to the AUTHOR in the amount equivalent to 20% (twenty percent) of the price paid in the respective sale, according to the current sale price of the book at the partner where that sale took place, according to possible price variations provided for and described in the fourth paragraph below, of this clause. All sales made in these channels or any partner and/or international channel of Literary Highways will be reported to the AUTHOR, through the royalty report available on the SITE, within 90 (ninety) days from the date of purchase in the channel where the purchase was made.
§ third: Books marketed in subscription or loan format by stores affiliated with the SITE will yield to the author a total of 50% (fifty percent) of the amount actually paid by each store to the SITE related to the published book, with this amount being calculated based on the percentage read (in the case of electronic books) or listened to (in the case of audiobooks) of each book in relation to the entire base of books read in the store.
§ fourth: Printed books sold outside their country of publication will be dynamically repriced by the Literary Highways system based on local costs (of the country in which they will be printed and produced) and on analyses of average local book prices. All sales of books outside their country of publication will yield the author 20% (twenty percent) in royalties, following the same rule currently in effect for sales in bookstores and channels.
§ fifth: The AUTHOR can request the receipt of the amounts corresponding to their royalties directly from the SITE whenever they reach the minimum accumulated amount of €10 (ten euros). The deposit will be made to the bank account indicated by the AUTHOR at the time of registration. Payment will always be made on the fifth business day of the month following the request.
§ sixth: If (at the request of the cardholder used in a payment that alleges fraud) one or more purchases are canceled, the respective amounts related to royalties will not be paid. In the same sense, if there are founded reasons to believe that there is fraud related to one or more purchases, all of them will be canceled, as well as the payment of the respective royalties, accompanied by the due reimbursement.
§ seventh: In case of bank payment returns, due to incorrect or uninformed banking details, it will be up to the AUTHOR to correct the relevant detail and inform Literary Highways. For a new payment, it is considered that the amount will be credited within 10 business days after the AUTHOR's request through the service channel, except if this communication occurs from the 25th of each month. In this last scenario, the payment will automatically be made on the fifth business day of the following month, without dispensing with the need for communication from the author to have their credit included in the following month's payment report.
THIRD CLAUSE: The SITE reserves the right to refuse the work sent for publication or to remove it from its virtual catalog whenever it deems necessary according to its commercial policy, as well as to terminate the commercial relationship with the AUTHOR, without the direct obligation to inform the AUTHOR.
FOURTH CLAUSE: The AUTHOR guarantees, by accepting this contract, that all files and records registered on the SITE are of his authorship and that he assumes full responsibility before third parties, whether of a moral or patrimonial nature, due to their content, declaring from now on that the work does not contain slanderous or defamatory statements and does not infringe any third-party intellectual property rights, exempting the SITE from any direct responsibility for the AUTHOR's actions in this regard.
§ first: The AUTHOR guarantees to be aware that no alteration or modification in the file registered on the SITE will be made during or after the publication, so that the eventual printing of published books, when selected for such, will be done entirely faithfully to the file registered on the platform, without any intervention, analysis, or editing.
FIFTH CLAUSE: The AUTHOR undertakes to inform the SITE of any changes to banking details and/or address for receiving notifications, correspondence, and communications regarding royalty payments.
SIXTH CLAUSE: This contract binds the parties, heirs, and successors, according to the current legislation.
SEVENTH CLAUSE: Any violation of the clauses of this contract will give the innocent party the right to terminate it.
EIGHTH CLAUSE: Due to operational issues, service outsourcing, or managerial decisions, the SITE and its services are subject to occasional problems of interruption, technical failure, or temporary or permanent unavailability. The SITE is exempt from any responsibility for any damages caused by the interruption, temporary or permanent, of its services.
NINTH CLAUSE: The tolerance of any breach of any of the clauses and conditions of this contract will not constitute a waiver of the obligations stipulated herein, nor will it prevent or inhibit their enforceability at any time. This instrument constitutes the entire agreement between the parties, prevailing over any other understanding previously signed.
TENTH CLAUSE: With the waiver of any other, however privileged it may be, the Central Forum of Lisbon, Portugal, is chosen to resolve any doubts arising from this contract.