Content Partner Terms and Conditions

1. Introduction. 1RomanceEbooks.com is owned and operated by DollarSign Marketing Systems LLC (“Dollarsign” “We/Us”), a Colorado based limited liability company. This Content Partner Agreement (“Agreement”) is between you, our content provider (“Content Partner”) and Dollarsign. The terms and conditions of this Agreement may be changed by Dollarsign at any time with no prior notice to you. Your continued use of our tools and services subsequent to any modification of this Agreement by us is your express indication to us that you agree to be bound by each and every term and condition contained in any modified version of this Agreement.

As a Content Partner, you will be publishing your romance novels via 1RomanceEbooks.com. We will offer your content (for free or as you may wish, at a set sales price) to a worldwide audience via the Internet. Your novels may be offered for free to the public or provided to the public at a fee. You must own the copyright to your material or have the legal right to publish the material. You hereby agree to hold DollarSign Marketing Systems LLC harmless and to indemnify DollarSign Marketing Systems LLC from any costs, fees, damages, awards and reasonable attorney’s fees regarding any threatened or actual legal of any and all nature action arising from our publication of your ebook(s).

This Agreement is non-exclusive in nature. You are free to publish your materials, elsewhere and we are free to publish the works of other Content Partners. We do not own the copyright to your content, your trademarks, or any of your content, however, you hereby assign us a revocable, royalty free, world wide license to publish your work according to the terms and conditions of this Agreement. Your registration for a Content Provider account and/or your use of any tool or service we provide is your express indication to us that you hereby agree to be bound by each and every term and condition of this Agreement.

We reserve the refuse or cancel a Content Partner account at any time for any reason we in our sole discretion deem to be appropriate. You hereby indicate to us that you are at least 18 years of age and are legally able to enter into a binding contractual relationship.

You hereby grant DollarSign Marketing Systems the permission to use your content as we deem appropriate, including your name, likeness, cover art, metadata and any and all other content provided by you for marketing purposes at no cost to us.

Should you sell your ebook (“ebook” “work”) via our website, you agree that the price set for purchase of your ebook will be no higher than the price as listed by any other publisher or outlet offering the same ebook.

You understand that we may accept, reject or remove any work for any reason we in our sole discretion find appropriate, with no prior notice to you. You may use our site to publish content that is obscene, defamatory, violates the rights of privacy or publicity of any third party, or is illegal in nature. You also agree to refrain from publishing material that contains references to pedophilia (sex involving minors or sex involving minors and adults), necrophilia (vampire reference are allowed), bestiality, scatological reference, rape scenes designed to arouse readers, or “snuff,” related murder scenes. Again, we reserve the right to refuse any content for any reason we deem in our sole discretion to be appropriate. Use common sense regarding the content you provide us. We will not edit or modify your work but reserve the right to edit or modify your marketing content as we see fit.

Do not post content with DRM technology applied or disabled printing, “text to speech” or “Read Aloud” functions.

All content that you provide regarding your work, the author and any other aspect relating to the work must be wholly complete, accurate and not misleading in nature.

2. Content Restrictions and Payments to You.

A. Content Restrictions. As indicated herein, you must own the copyright (or otherwise legally control) to all of your materials. That includes the text of your ebook, your images, your marketing language and any and all other content and materials that you provide us must be wholly owned by you or legally controlled by you. You agree to hold us harmless and indemnify us from any losses of any nature arising from any threatened or actual legal action regarding any infringement action or any legal action of any nature brought by a third party regarding your content. In the event we receive a properly drafted copyright “take down” notice, we will follow the law as established by the Digital Millennium Copyright Act, which may mean that we permanently remove your content if we receive such a legal notice from a third party.

B. Payments to You

All United States based Content Partners must have a valid United States social security number or EIN and must provide the same to us. As is required by law, we will report all earnings that amount to $600 or more per year. You are required to submit any and all other reasonable documentation as requested by us for the purpose of reporting earnings to tax authorities.

We will pay a commission of 60% of the sales proceeds for your work subject to the limitations set forth herein. Commissions are payable quarterly in US dollars with all payments issued 45 days after the end of each quarter. All refunds, bad debts and charge backs shall be deducted from future commissions. At our sole discretion, we may invoice you for any negative balances and require you to bring your balance to at least zero. If you fail to pay such invoice within 30 days we may remove you permanently from our site. You may file a written request to audit our accounts, at your sole expense, once per calendar year. Such audits will be conducted at our offices or a location at our sole selection. We must be given at least thirty business days notice of any such audit. Should we agree that there has been a discrepancy subsequent to any audit, we will settle your account within ten business days.

All commission payments are made via Paypal only. Accordingly, all Content Partners must have a valid Paypal account. Paypal charges are solely borne by Content Partners.

In the event that we determine that you may be violating this Agreement, violating the law, or “gaming” our sales or payment system, we will put your account on hold and pay no commissions pending our investigation of the related matter.

3. Taxes on Earnings

Content providers are solely responsible for earning related taxes and any other taxes arising from their publication of content via our site.

4. Termination

Either party may terminate this Agreement for any reason with 90 days written notice to the other party. Unpaid commissions for sales that pre-date the notice of termination will be paid pursuant to the terms and conditions of this Agreement.
Termination for Breach. Either party may immediately terminate this Agreement in the event that the other party materially breaches any obligation under this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach. Notwithstanding anything to the contrary, either party shall have the right to terminate this Agreement in the event either party (a) terminates or suspends its business, (b) becomes subject to any bankruptcy or insolvency proceeding under Federal or state statute, (c) becomes insolvent or becomes subject to direct control by a trustee, receiver or similar authority, or (d) has wound up or liquidated, voluntarily or otherwise. Termination of this Agreement shall not relieve either party of its obligations regarding indemnification as set forth herein.

Termination of this Agreement for any reason shall not affect any sums due to us under this Agreement or any additional remedies provided by law or equity to either party.

5. Assignment.

Neither this Agreement nor any rights granted hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by either party by operation of law or otherwise, and any such attempted assignment shall be void and of no effect without the advance written consent of the other party; PROVIDED, HOWEVER, that such consent shall not be required if either party assigns or transfers this Agreement to a wholly owned subsidiary or in connection with a merger, acquisition, or sale of all or substantially all of its assets, unless in the case of such an assignment or transfer by Content Provider, the assignee or surviving entity is a competitor of 1RomanceEbooks.com or any other business owned or operated by Dollarsign.

6. Jurisdiction

This Agreement will be governed by and construed in accordance with the internal laws of the State of Colorado, excluding that body of laws known as choice of law or conflict of laws. All legal disputes between the parties shall be resolved in the courts of Arapahoe County, Colorado.
7. Waiver and Amendments
No waiver, amendment, or modification of any provision of this Agreement shall be effective unless agreed to by both parties in writing. No failure or delay by either party in exercising any rights, power, or remedy under this Agreement shall operate as a waiver of any such right, power, or remedy.
8. Severability/Sole Agreement
Should any term of this Agreement be finally determined by a court of competent jurisdiction to be invalid, unenforceable or otherwise contrary to law and equity, the parties agree that such provision shall be construed, limited, modified or, if necessary, severed, to the extent necessary to eliminate its invalidity or unenforceability, and that the other provisions of this Agreement shall remain unaffected.

9. Force Majeure

Neither party shall be liable for any delay or failure in performance due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of our web site or other occurrences which are beyond either party’s reasonable control.
10. Third Party Rights
The provisions of this Agreement are solely for the benefit of the parties hereto and not for the benefit of any third parties.

11. Entire Agreement
This Agreement contains the full understanding between the parties and supersedes all prior representations or agreements, whether oral or written, with respect to such matters. This Agreement may only be changed by a written document signed by both parties.

12. Relationship of Parties
Both parties are independent businesses, and nothing in this Agreement or the conduct of the parties pursuant hereto shall establish a relationship of principal/agent, franchiser/franchisee, employer/employee, master/servant, or otherwise. Neither party shall have any authority to represent the other, to bind the other, or to hold itself out as having authority to do any of the foregoing.

13. Limits of Liability

Dollarsign Marketing Systems, LLC is not liable for incidental or consequential damages, even if informed of the same by Content Provider, nor shall be liable for the misuse or illegal acts of any third parties.

14. Successors

This Agreement and the terms and conditions herein contained shall apply to, be binding upon, and inure to the benefit of the respective heirs, administrators, executors, legal representatives, assignees, successors, and agents of the parties to this Agreement.

15. By “Accepting” this Agreement via electronic signature, by clicking the Acceptance Box provided, you understand and agree that you are hereby entering into a binding, legal Agreement.


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