Emrae Collective Terms & Conditions

PURPOSE OF AGREEMENT:

  1. The Consignor seeks to sell their books (“Books”) on Emrae Publishing’s eCommerce website, reademrae.com. 
  2. The Consignee is agreeable to selling the Books on behalf of the Consignor in exchange for compensation set out in this agreement and in accordance with the terms. 

PRICING OF BOOKS: 

  1. The Parties agree that Consignor will set the retail price of Books, provided the price ends in .99 in accordance with Emrae’s pricing structure. 
  2. The Consignee is responsible for collecting applicable sales taxes. 
  3. Parties are free to adjust the price of Books at any time provided there is written approval from both sides.
  4. Consignee agrees not to discount Books during sitewide promotional periods without prior approval from Consignor.

FEES:

  1. Consignee will pay to the Consignor as follows: 
  2. 70% of the final sale price of each Book, due monthly, on the 15th of each month.
  3. The payment will be made via electronic direct deposit to account information provided during Author Onboarding.

TERM OF AGREEMENT: 

  1. The term of this Agreement will bring on Execution Date and will remain in effect until either Party terminates this contract according to cancellation terms set forth below.
  2. In the event that either Party wishes to terminate, written notice must be provided to hello@reademrae.com and Author email address provided during intake.
  3. Consignor will allow three (3) business days for Consignee to remove the listing. 
  4. Consignee will fulfill any outstanding orders within three (3) business days of termination. 
  5. Any stock held by Consignee will be returned at the cost of Consignor within seven (7) business days of termination. 
  6. In the event either Party breaches a material provision under this Agreement, the non-defaulting Party may terminate this Agreement immediately and require the defaulting Party to indemnify the non-defaulting Party against all reasonable damages.
  7. In the event Consignee declare bankruptcy, it will be considered a breach of contract and the Consignor may terminate this Agreement immediately. 

STORAGE & DELIVERY: 

  1. The Consignee will ship out all orders on behalf of Consignor in accordance with Author's preferred brand standards, including any art prints, bookmarks, or additional printed collateral.. 
  2. Lost or damaged orders will be reported as such to Consignee’s shipping insurance and replaced as soon as possible by Consignor at no additional cost to Consignor. 

CONSIGNEE GUARANTEE:

  1. Consignee agrees to promote Consignor’s books to social media and email subscribers at least once per month.
  2. Consignee will maintain clean, clear listings and product photography and graphics according to information submitted by Consignor.
  3. Consignee will not use any Artificial Intelligence (AI) to list or market Books.

CONSIGNOR WARRANTIES:

  1. Consignor warrants they are the lawful owner of all content within Books, including cover designs and any included art. They warrant no AI has been used in the creation of book or any associated marketing materials. Consignor agrees to indemnify Consignee of against all damage if there is any breach in these warranties. 

CONFIDENTIALITY & DATA PROTECTION:

The Consignor acknowledges that in order to fulfill orders, the Company will provide the Consignor with access to the name, shipping address, and contact information of final buyers (the "Customer Data"). The Consignor agrees that Customer Data is strictly confidential and constitutes a proprietary trade secret of the Company. The Consignor shall use Customer Data solely for the immediate purpose of packaging and shipping the specific consigned item. The Consignor is strictly prohibited from storing, exporting, sharing, or using Customer Data for any other purpose, including but not limited to, direct marketing, solicitation, or independent business transactions.

OWNERSHIP:

  1. The Consignor grants the right to sell Books under this agreement, however, Consignor retains all title and ownership of the Books.
  2. Consignor understands that Emrae Collective is a subsidiary of Emrae Publishing and they are not to misrepresent that they are a published author under Emrae’s name. 

RECORDS:

  1. The Consignee will keep record of all sales available immediately upon Consignor’s written request. 
  2. Consignor will have access to their Consignify Portal which displays all current and past sales data. Consignee will pay all associated account fees.

RELATIONSHIP: 

  1. Parties agree that this Agreement does not create a joint venture or legal partnership between them and is exclusively for the sale of Books. 

NO EXCLUSIVITY: 

  1. Parties agree that this is a non-exclusive agreement and both Parties are free to engage in similar agreements with third parties at any time. 

NOTICE:

  1. All notices, requests, demands, or other communications will be made in writing to hello@reademrae.com to maintain accurate records. 

INDEMINIFICATION:

  1. Except to the extent paid in settlement from any applicable insurance policies, and to the extent permitted by applicable law, each Party agrees to indemnify and hold harmless the other Party, and its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns against any and all claims, losses, damages, liabilities, penalties, punitive damages, expenses, reasonable legal fees and costs of any kind or amount whatsoever, which result from or arise out of any act or omission of the indemnifying party, its respective directors, shareholders, affiliates, officers, agents, employees, and permitted successors and assigns that occurs in connection with this Agreement. This indemnification will survive the termination of this Agreement.

DISPUTE RESOLUTION:

  1. If any dispute relating to this Agreement between the Parties is not resolved through informal discussion within 14 days from the date a dispute arises, the Parties agree to submit the issue before a mediator. The decision of the mediator will not be binding on the Parties. Any mediator must be a neutral party acceptable to both Parties.

MODIFICATION OF AGREEMENT

  1. Any amendment or modification of this Agreement or additional obligation assumed by either Party in connection with this Agreement will only be binding if evidenced in writing signed by each Party or an authorized representative of each