Author Agreement — Draft Under Review

You agree to prepare and deliver your chapter to us within 30 days from execution of this agreement. You shall provide us with your chapter of approximately 2500 words in Microsoft Word format. Chapters exceeding 2500 words will not be accepted and you agree that in the event you deliver a chapter over 2500 words, that you will edit and deliver back to us a chapter that does not exceed 2500 words. At times during this process we will request your approval and give you a reasonable deadline to approve. In the event that you do not respond within the deadline proposed, you agree that failure to respond will serve as your approval.

You are representing to us that you control the full rights to your chapter and agree to grant us the rights outlined in this Agreement. You are solely responsible for obtaining copyright permission for any portions of your chapter that are not fully owned by you. You also agree to notify us of any portions of your chapter that have been previously published or where the copyrights to the material are owned by a third party.

You represent and warrant that no material in your chapter would be considered false, inaccurate, libellous, obscene, or injurious to another party in any manner, and it does not contain any material that would violate any right to privacy, personal or proprietary act or other common law or statutory right and that the use of any instruction, formula, recipe or other material from your chapter will not result in injury or harm to another. You acknowledge that your chapter is not plagiarized and does not include falsely attributed statements of third parties. You represent that you are the owner of any trademarks and/or trade names associated with your chapter and that the usage of such trademarks or trade names does not infringe upon the rights of third parties.

You agree to indemnify and hold us and our affiliates and assigns harmless from all suits, claims and proceedings which may be taken against you or us as a result of anything you say, your failure to disclose or you misrepresent your proper ownership of or rights to your chapter.

In order for us to promote the book to the best of our ability you are giving us the right to use your name, likeness and biographical information in the promotion of the book and to allow us, our affiliates and assigns the same rights. You also understand and agree that we may have to change the title of the book at any time, at such time which we will notify you.

We make no warranty or guarantee concerning any minimum sales of the book. You also understand that your commitment to be in this book guarantees your inclusion and should you not provide the necessary content that the publishers need by the deadline stated, you will lose your inclusion in the book and consequently may never get another opportunity to be part of future editions.

You are assigning to us and our partners the rights to print, publish, distribute and sell your chapter as a part of the book throughout the world in all languages. You also agree to allow us to make excerpts from the book viewable on our website or partner websites that have entered into agreements with us, in order to maximize the promotion of the book.

You are granting us and our assignees the non-exclusive, worldwide rights to use and repurpose content from your chapter with full attribution to you for our publications and media for the purpose of helping us promote and sell the book. You hereby grant to us the non-exclusive, worldwide rights to use, reproduce, modify, distribute, transmit, and store your chapter, in whole or in part, and any compilations and collective works that include all or part of your chapter, in the eBook format. You also grant to us and our assignees the right to store, use, transmit, distribute, and make excerpts from your chapter viewable on our web site, or partner websites that have entered into agreements with us, in order to facilitate sales of the eBook versions of your chapter. This grant includes our vendors, assignees and affiliates.

You grant us the right to store, use, transmit and distribute electronic copies of your chapter as required to facilitate the printing and distribution process. This grant includes our vendors, assignees and affiliates.

You understand that we have the right to secure US copyright for the book, including your chapter in the name of Moto Media Pvt Ltd, however you shall have the right to republish your work in any manner you desire and you and we agree this shall not be deemed an infringement on the copyright. We both agree to execute all documents necessary to protect, assign and renew the copyright status of your chapter and the book as a whole.

You understand that this book is being published for the purpose of promoting the businesses and methods of the contributing parties and that no royalties shall be paid to you on the sales of any copies of the book.

You agree to indemnify and hold us harmless along with our affiliates and any seller of your chapter from and against any losses, lost profits, damages, liabilities, judgments, awards, decrees, settlements, or expenses (including without limitation, reasonable attorney’s fees and court costs) arising from, connected with, or by reason of any breach or alleged breach of any of the representations and warranties set forth in this agreement.

All representations, warranties and indemnities made by you herein shall survive termination of this Agreement. “Affiliates” means owners, shareholders, officers, directors, employees, parents, subsidiaries, affiliated companies, licensees, distributors, advertisers, and any other person or entity to whom we extend or assign our representations and warranties to in connection with the production, dissemination, transmission, promotion, publication or distribution of your chapter or the book as a whole, or the exercise of any rights therein or derived therefrom. In defending any such claim, action or proceeding, we shall have the right to defend with attorneys of our own selection and to settle the same and you shall fully cooperate in the defence thereof.

In any dispute regarding this Agreement except for collection of unpaid fees, under this agreement, the Parties agree that the sole remedy for the resolution of the dispute shall be through mediation and arbitration. The parties will first attempt to mediate the matter. In the event they are unable to reach an agreement within 60 days, then either party may file for arbitration with a recognised Arbitration service as the Parties may mutually agree. For the purposes of this agreement and all matters related to it, the laws of the Zimbabwe shall govern and venue for all hearings shall be held in Harare, Zimbabwe. All legal actions must be brought by a single party and cannot be brought in a class. The prevailing party to any arbitration shall be entitled to an award of attorney’s fees, cost and reasonable expenses. No refunds shall be granted after 3 business days from the execution of this agreement, unless you are not accepted to participate at the sole discretion of Moto Media Pvt Ltd.

Non-Disclosure, Non-Compete and Confidentiality: I acknowledge that Moto Media Pvt Ltd is the owner of certain trade secrets, proprietary and confidential information acquired through the expenditure of time, effort and money relating to the public relations and branding business and specifically the process of the Moto Media Method.

During the term of this Agreement, I may be exposed to such information and I agree to exercise the highest degree of care in maintaining the confidentiality of this information and further agree to require a similar agreement with regard to any sensitive or confidential information revealed by Moto Media Pvt Ltd, to me with all of my employees, agents, contractors and consultants. I agree not to offer a competing program or one of a similar nature to others for a period of 18 months following the completion of this book I am participating in.

In any lawsuit for the collection of unpaid amounts under this Agreement venue shall be Harare, Zimbabwe, applying Zimbabwean law. The prevailing party shall be awarded attorney’s fees and costs.