Contract: Pub L Ish Ing & Dist Rib Ut Io N

PUBLISHING & DISTRIBUTION
CONTRACT
Tate Publishing & Enterprises, llc. No portion of this document may be duplicated, copied, or used in any manner without expressed written consent of Tate Publishing & Enterprises, llc under penalty of law.
PUBLISHING CONTRACT
It shall be understood that the Author is the creator of the Work and holder of the copyright or has legal Authority to publish the Work. The Work (also referred to herein as the Book) is a book, manuscript, work of art, or other document provided by the Author, to which this agreement pertains. Book form includes both print and digital publishing. Tate Publishing, LLC provides the publishing and royalty agreement with professional Authors.
SECTION I
Tate Publishing,
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LLC
will do the following:
Provide their resources to produce, market, and distribute the Work. Such investment in resources, cash or services shall be estimated at the equivalent of $27,000.00. Provide such other publishing elements as may be agreed upon by the Author and the Publisher in writing. The parties, at no additional cost to the Author, shall mutually agree upon such additional elements and any addendum to this contract in that regard shall be in writing and added to this document. The Publisher shall not be required to show or give cause or accounting as to how the Publishers investment and resources are used.
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SECTION II
Publishing Functions Completed by Tate Publishing, LLC:

Production: 1. Complete professional editing, including technical, grammatical, and conceptual suggestions regarding content, readability, and title prior to final proof.
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Original cover design in full-color process; prepare all frontmatter and backmatter files for print. This contract includes all images secured by Tate Publishing, LLC or royalty-free images provided by the Author or images owned by the Author. Any images which are not royalty-free or that require photographic work or custom illustration will be at the expense of the Author unless there is a separate agreement with the Publisher whereby the Publisher agrees to purchase the image or images or produce the images as original art or photographic art at the Publishers studio. Original interior layout design of the project. Produce final proof for Authors review. Color insert sections may not exceed 16 pages. Approved image count (submitted photographs, designs, text tables, and/or art) may not exceed 30 without written approval of the Publisher. The Publisher will also publish the Work as an Electronic Book (eBook) which shall be available for purchase and download. The Electronic Book will be created, developed, and placed in worldwide availability by the Publisher and is included in this contract at no expense to the Author. The Publisher will publish the Work as well as create a Website, Commercial Book Trailer, or Social Networking Site (Facebook). The Website, Commercial Book Trailer, or Social Networking Site will be created and developed by the Publisher and is included in this contract at no cost to the Author (see Multimedia Agreement pages 10-12). Items created will be determined by the Publisher in written agreement with the Author.
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Distribution: 6. Arrange for the International Standard Book Number ( ISBN), Cataloging-in-Publication Data entry, and barcodes.
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Arrange for copyright notice intended to protect and Authors rights in all copies of the Book produced. The Publisher can complete the process of archiving the Work with the U.S. Copyright Office at the end of production as well as file for an lccn with the Library of Congress at each Authors individual request. Present to the Tate Publishing, LLC distribution system as well as nationwide book distributors and wholesale distributors under contract to Tate Publishing, LLC for nationwide bookstore sales potential that is outlined and included in this document. The Publisher has the exclusive license to print, publish, and sell the Authors Work in book form during the term of this agreement. The Author maintains and owns the exclusive rights to serialization of the Work as well as dramatic, operatic, musical, radio, television, reproduction by newsprint ad, cassette tape, CD, phonographic record, or other electronic or mechanical recording devices. The Author shall retain all rights to and of the Work and any series titles used on or in connection with the Work, including without limitation, any trademark, service mark, or trade dress rights. If the Author grants motion picture rights, the Author may grant or deny to the Publisher the privilege to publish excerpts and summaries of the Work and represent the Author as agent in any negotiations concerning the motion picture rights. The Publisher shall have the right to access any agent or agency representing the Author.
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With the approval of the Author, the Publisher may serve as the exclusive agent for the Author in sublicensing the Authors Work throughout the world. The Publisher shall be allowed to publish and present for distribution the Authors Work when the Publisher deems the Work ready for distribution. The Publisher shall have the right to sub-license, produce, market, and sell in cooperation with the Author all support and ancillary items related to the Authors Work. The Author must approve any arrangement of this nature for the Publisher to proceed. The increase in retail value of the Authors Work by the addition of ancillary items will reflect in the increase in the amount received by the Author since the retail value may be increased by the addition of ancillary items. (See Ancillary Items page 6)
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Miscellaneous: 17. If the copyright in the Work or any derivative work is infringed by a third party, the Author has the right, but not the obligation, to pursue a claim for infringement as the Author deems appropriate. In such actions, if any, the Author shall be responsible for the costs of the action and shall be entitled to retain all damages awarded to the Author. If the Author does not pursue such a claim, the Publisher may do so at the Publishers expense and any recovery shall be the sole property of the Publisher. The Publisher shall pay for the shipping of Books manufactured by the Publisher, at the Publishers expense, for nationwide distribution and sales. All Books manufactured to be sold in distribution will be paid for by the Publisher.
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SECTION III
Manufacturing Elements to be Determined During Production:

The following items will be determined by the Publisher. Once the final determinations are decided, they will be reduced to writing and acknowledged by the Author. The following items do not represent final determinations of the Authors Work but are representative of each element of the production of the Work. Final determinations will occur during production and editing phases of the Work. 1. Copy Details. Any submitted electronic files must conform to the Publishers production guidelines and will be submitted prior to receiving and completing further publishing protocol instructions. Photographs, designs, text tables, and/or art provided by the Author must be approved for use by the Publisher. All content must be submitted with the formatted manuscript, which occurs after the contract is signed. Author will provide a usable, formatted manuscript within one year of signing the contract. Formatting instructions will be provided upon receipt of fulfilled contract. Photographs, designs, text tables, and/or art not submitted for final approval to the production department, prior to the start date of editing, will not be considered for use in the Authors Work. The Author must discuss with an acquisitions editor during the contract signing stage the policy for photographs, designs, text tables, and/or art. A maximum of 30 of the aforementioned items (collective count) may be considered for approval for production in the book. Cover. Full-color process. Publisher will generate files as required for manufacturing. Standard Job Description and Book Size. The size of the Authors Work will be determined by the word count
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and what will enhance the appearance of the Book. The standard book sizes include: 5 x 7, 5.25 x 8.25, or 6 x 9. 4. 5. 6. Page Count. Actual page count will be determined during the layout design phase of the Authors Work. Retail Price. The retail price of the printed and digital Work is set by the Publisher according to production costs. Paper. Text stock: Natural or White, 50 lb. Selection made by the Publisher. Cover stock: 10 pt. C1S or similar house cover stock. Proofs. The final proof requires the Authors acknowledgment in writing before manufacturing can begin. The Author is required to read and acknowledge all proofs. Presswork. Offset or Digital presswork shall be done at the discretion of the Publisher. Embossing, overlays, etc. are available and determined in discussion with the Publisher and the Author, must be approved in writing by both parties, and are at the final discretion of the Publisher. Binding. The book will be soft cover, perfect binding. Other binding options are available as approved by the Publisher in consultation with the Author. Hardback covers (casebound with jacket or lithowrap) are available (please see page 17 for more details). Please inform your acquisitions editor if you wish to discuss hardback options. Delivery of Product. Upon receipt of the Authors final written acknowledgment, Book delivery will be estimated according to manufacturing schedules.
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SECTION IV
Distribution and Royalty Schedule:

Agreement for Book sales between the Author and Tate Publishing, LLC: Objectives: Tate Publishing, LLC intends to increase the Authors Book sales by allowing Tate Publishing, LLC to distribute the Authors Work with the Tate Publishing, LLC line of Books on behalf of the Author to bookstores, libraries, mass market, and other markets. This contract does not guarantee or suggest any specific sales volume of the Authors Work. The Authors Works will be warehoused, sold, invoiced, shipped, collected, and the Authors funds will be remitted to the Author. 1. Tate Publishing, LLC shall be allowed to print the number of the Authors Works, which they deem appropriate for distribution needs and shall pay for the production cost of those items as well as the shipping to the distribution and wholesale warehouses. Tate Publishing, LLC shall be allowed to keep in their company warehouse inventory the number of the Authors Works which the Publisher deems appropriate for inventory.
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Revenues and reports. Tate Publishing, LLC will make available to the Author an accounting of sales, returns and collections for the preceding quarter in his or her regular royalty report as outlined in this contract. As Tate Publishing, LLC , collects from its sales, the Author will be sent his or her portion of those collections: a. The Author royalty from distribution sales shall be 15% of the sale price which shall be paid quarterly to the Author by the end of the month following the previous quarter. All royalties will be paid to the Author upon receipt of funds by the Publisher from the purchaser. b. From Tate Publishings warehouse, the Author will receive 40% royalty of the sale price of the Work which shall be paid quarterly by the end of the month following the quarter in which those sales occurred and when those funds have been received. c. No royalty shall be paid to the Author on personal copies purchased by the Author for the Authors personal use since the Author receives a 100% royalty from those sales.
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Warehousing. Will be charged to and paid by Tate Publishing, LLC , at the per copy rate on arrival plus the per copy rate per month thereafter. Samples, Covers. Tate Publishing, LLC may send titles as samples for sales persons and wholesalers, jobbers, listing agencies, etc. at Tate Publishing, LLC s expense. Ownership and Insurance. Ownership of inventory is the Publishers until sold. Insurance is required and is the responsibility of Tate Publishing, LLC . In the event of loss of inventory due to an insured loss, the insurance recovery payment shall be the sole property of the Publisher. The Publisher shall pay the Author a 40% royalty of the net recovery within thirty days of the receipt of those funds.
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Miscellaneous: 7. Personal Books Purchased by the Author. The Author shall be able to purchase, from the Publisher, for the Authors personal use and sale only, copies of the Work at the reduced rate of 60% discount off the retail price of the Book. The Author may not present, sell, or market the Authors Work to the corporate offices of bookstore chains, distributors, wholesalers, or online retailers. Such contacts must go through the Publisher to follow industry protocol. The Author may introduce his or her Work to area bookstores prior to and after the release date with consent of the Publisher. The Author shall not be required to purchase any amount of Books from the Publisher at anytime. These purchased Books are for the Authors use only for sales to the Authors personal database, contacts, speaking engagements and or mailing lists owned or purchased. In ordering personal Books, the Author must allow the Publisher a minimum of 15 working days from the day the order is placed to produce the Books to the Author. All author purchases are final. Author purchases requiring a rush order may require an additional shipping and production expense which would be approved by the Author with the rush order. The Publisher shall pay for the shipping of all the Authors personal copies purchased by the Author to the Authors address of choice (shipping costs are not included for international Author purchases and for Authors outside the 48 contiguous states). Even though the current Author buyback reduction of 60% is the best in the industry and requires no minimum purchase, there are still buyback options which are available on a sliding scale that may offer an even greater discount. These buyback options are determined by the quantity of books purchased by the Author for their personal use and require approval in writing between the Author and the Publisher. Ancillary Items. In conversation, negotiation, and consultation with the Author, the Publisher shall have the right to approve all ancillary items, which are appropriate for the support of the marketing of the Authors
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Work such as CDs, bookmarks, T-shirts, etc. These items, once established as viable elements of the project will be approved in writing for marketing and sale by the Author and the Publisher. The cost of production of ancillary items shall be determined in consultation with the Author and the Publisher and shall be determined and confirmed in writing and shall stand as an addendum to this contract. The Publisher shall have the right, but not the obligation, to market the Authors ancillary items as related to the Authors Work.
SECTION V
Author Agreement:
The Author accepts the offer of Tate Publishing, LLC and agrees to the following to create the contract: 1. Provide a usable and acceptable electronic file of the Work, and the Author must have public or private Internet access. The maximum number of words allowed for any book shall be 115,000 words. If the book is in excess of 115,000 words it will be the responsibility of the Author to present an abridged version of the text to production to accommodate that word count. Word counts that exceed the established maximum of 115,000 words must be approved in writing by the Publisher before production will begin. Promptly review all presented edit proofs and stay on the production schedule that the Publisher establishes for your Work. Inform the Publisher if for any reason you are not able to keep up with the production schedule. The final proof as well as the accompanying acknowledgement forms must be returned to Tate Publishing, LLC within 30 days of your receipt of those proofs. Editorial changes will be determined by Publisher. The Author clearly understands that the Author is the writer and is responsible for the content of the Authors Work. The work of the editor is to assist the Author in improving the Authors Work. The standard rules of editing do not allow ghostwriting by an editor. Assist in preparation, in cooperation with Tate Publishing, announcements.
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staff, all promotional text for Book
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Provide the information reasonably necessary to assist with the Tate Publishing, related to the Authors personal biographical information.
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distribution system
The Author further agrees: 6. To provide assurance that the Author has and shall retain copyright to the Work for the duration of this agreement. The Author agrees to contract with Tate Publishing, LLC as the Authors Publisher to produce the Work. To eliminate any defamatory or unlawful content and to assume any and all liability for content and to hold Tate Publishing, LLC harmless from any liability arising from content of the Authors Work which is not lawfully owned by, secured lawfully and or is original with the Author. To secure approval for use, in writing, of all copyrighted lyrics or music or quoted materials, images, names, or descriptions in the Work of the Author. This agreement shall be binding upon the heirs, assigns, and personal representatives of the parties. Upon the
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death of the Author, all rights and privileges of this contract assigned to the Author shall be assigned to the heirs of the Author upon receipt of legal confirmation of the Authors death. 10. The Author must show proof of professional marketing and publicist representation if not signing and agreeing to the terms in the Tate Marketing and Publicist Agreement. The marketing and publicist representatives must be approved by the Publisher.
Miscellaneous: 11. If necessary to retype handwritten pages to an electronic file the cost shall be $4.00 per page (paid by the Author). This fee is only applied, in addition to the marketing and publicist fee if the Author is not able to provide to the Publisher a manuscript of the Authors Work in an electronic (computerized) file format by email attachment or CD . If necessary to transcribe audio tapes to an electronic file the cost shall be $4.00 per page (paid by the Author). This fee is only applied, in addition to the marketing and publicist fee, if the Author is not able to provide to the Publisher a manuscript of the Authors Work in an electronic (computerized) file format by email attachment or CD . All photographs, designs, text tables, and/or art must be approved for use in the Authors Work. Approval may or may not be granted based upon the conceptual and technical quality of the image. Final approval will be determined by the Publisher. Any photographs, designs, text tables, and/or art that is not submitted before editing officially begins will not be reviewed for possible use. A maximum of 30 photographs, designs, text tables, and/or art may be approved for production in the book. The Author is required to discuss images and artwork with the acquisitions editor during the contract negotiation stage. Any approved images that are not provided to the Publisher in usable digital files (300 dpi jpg, pdf, tiff) will be subject to a $2.00 scanning fee per image payable to the Publisher before production of the Book commences.
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SECTION VI
1. Either party may terminate this agreement with cause. Tate Publishing, LLC or the Author may provide written notice to terminate this agreement with cause provided only that all pre-existing contractual obligations remain on both parties. Tate Publishing may not terminate this agreement unless the author refuses to meet the contractual obligations outlined in this contract or if the author becomes threatening or unruly with Tate Publishing staff members. Tate Publishing must abide by every contract agreement and make full effort to publish the authors work. If Tate Publishing does not meet the contractual obligations as outlined in this contract then the author's retainer will be returned to the author. Tate Publishing, LLC requires each Author to have a professional marketing representative and a professional publicist assigned to the Authors work. The Publisher will provide the Authors marketing representative and publicist who will assist the Author and Publisher in the marketing, sales, and promotion of their work, which is outlined in the Marketing and Publicist Agreement and requires a retainer from the Author. Arbitration. The laws of the State of Oklahoma shall apply to this agreement. In case a dispute arises under this agreement, the parties shall use their good faith efforts to settle their differences by mutual agreement. Otherwise, the parties shall submit their dispute to final and binding arbitration under the following terms:
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a. The arbitration shall be heard and determined by (1) arbitrator. Each party shall present a list of acceptable arbitrators within thirty (30) days of the submission of a notice of arbitration. If the parties cannot agree upon an arbitrator within thirty (30) days or one party refuses to present such list to the other said thirty (30) day period, the parties shall petition the State Court of Oklahoma to appoint an independent arbitrator. Once both parties have agreed upon an independent arbitrator, the costs of said arbitration shall be equally divided between the Author and the Publisher unless otherwise determined by the independent arbitrator. b. Unless otherwise expressly agreed in writing by the parties to the arbitration proceedings: i. The arbitration proceedings shall be held in Oklahoma City, Oklahoma, U.S.A. ii. The arbitration proceedings shall be conducted under the Arbitration Rules of the AAA iii. The decision of the arbitrator shall be reduced to writing shall be final and binding without the right of appeal and shall be the sole and exclusive remedy regarding any claims, counterclaims, issues, or accountings presented to the arbitrator and arising under this agreement. Any award shall be promptly paid in U.S. dollars free of any deduction or offset and any costs or fees incident to enforcing the award, shall, to the maximum extent permitted by law, be awarded to the prevailing party. c. Judgment upon the award may be entered in any court having jurisdiction over the person or the assets of the losing party or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. 4. The Author will continue to hold whatever copyright and other rights to publish that they possessed at the time of this agreement upon the termination of this agreement. Upon termination, any license granted to the Publisher shall be deemed to be immediately terminated. The Author and Tate Publishing, LLC both understand and agree that all verbally discussed elements related to the publishing or marketing and distribution of the Authors Work which may occur in casual conversation are not binding on either party. Only items in writing will be considered as viable and binding and part of the official relationship between the Author and Tate Publishing, LLC . Effective date and term. This agreement becomes effective on the signed execution date by Author and Publisher, unless modified by an addendum. Termination by the Author. Upon termination of this agreement by the Author, Tate Publishing, LLC will grant the Author 90 days from the date of termination to purchase all remaining product in inventory (with shipping paid by Author) at the normal Author discount of 60% off the retail price of each Book. All remaining product, not purchased by the Author after 90 days, will become the property of the Publisher. The Publisher may choose to sell all remaining product at the Publishers discretion, but may not print or distribute more product other than what remains in inventory on the date of termination. Arbitration. Any claim or controversy arising related to the distribution portion of this agreement, which cannot be settled amicably, shall be settled in accordance with the terms of the Publishing Agreement as previously outlined in this agreement under the Arbitration Clause section.
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MULTIMEDIA AGREEMENT
It shall be understood that the Author is the creator of the Work and holder of the copyright or has legal authority to produce the Work in Commercial Book Trailer, Website or Social Networking Site form. Tate Publishing provides this Multimedia Agreement with professional Authors who have a published book only. This service makes the Work available by the highest quality video and website creation. The Author may select only one of either the Commercial Book Trailer, Website, or Social Networking Site. The Author may purchase additional media options if they choose. The Publisher produces these items.
SECTION I
Publishing Functions Completed by Tate Publishing, LLC: Production: 1. Complete creation, layout and editing of the Commercial Book Trailer, Website or Social Networking Site packaging. Produce the final work for Authors review and acknowledgment. All images must be owned by the Author or be royalty free unless otherwise agreed upon in writing between the Author and the Publisher. Any images approved by the Author which are not royalty-free or that require photographic work or art design will be at the expense of the Author unless there is a separate agreement with the Publisher whereby the Publisher agrees to purchase the image or images, or produce the images as original art or photographic art at the Publishers expense. The Commercial Book Trailer, if chosen, will be a 15-second representation of the Authors Work with photographic style still images. A minimum of 80,000 impressions will air on major cable television networks. The Website, if chosen, will be a five page Website with hosting charges paid for by the Publisher at no charge to the Author.
The Social Networking Site, if chosen, will be created using Facebook.
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SECTION II
The Author accepts the offer of Tate Publishing,

The Author will perform several tasks, including the following: 1.
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and agrees to the following:
Maintain the Authors personal Website or Social Networking site after the production work has been completed by Tate Publishing. Updates to the Websites are to be performed by the Author, after Tate Publishing completes initial work. To eliminate any defamatory or unlawful content and to assume any and all liability for content and to hold Tate Publishing, LLC harmless from any liability arising from content of the Authors Work which is not lawfully owned by, secured lawfully and or is original with the Author. This agreement shall be binding upon the heirs, assigns, and personal representatives of the parties. Upon the death of the Author, all rights and privileges of this contract assigned to the Author shall be assigned to the heirs of the Author, upon receipt of legal confirmation of the death of the Author.
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SECTION III
1. The only language available for the Commercial Book Trailer, Website, or Social Networking Site productions shall be English. This agreement is non-exclusive. The Author may enter into other agreements concurrently with this agreement related to other works by the Author. Either party may terminate this agreement with cause. Tate Publishing, LLC or the Author may provide written notice to terminate this agreement with cause provided only that all pre-existing contractual obligations remain on both parties. Tate Publishing may not terminate this agreement unless the author refuses to meet the contractual obligations outlined in this contract or if the author becomes threatening or unruly with Tate Publishing staff members. Tate Publishing must abide by every contract agreement and make full effort to publish the authors work. If Tate Publishing does not meet the contractual obligations as outlined in this contract then the author's retainer will be returned to the author. Arbitration. The laws of the State of Oklahoma shall apply to this agreement. In case a dispute arises under this agreement, the parties shall use their good faith efforts to settle their differences by mutual agreement. Otherwise, the parties shall submit their dispute to final and binding arbitration under the following terms: a. The arbitration shall be heard and determined by (1) arbitrator. Each party shall present a list of acceptable arbitrators within thirty (30) days of the submission of a notice of arbitration. If the parties cannot agree upon an arbitrator within thirty (30) days or one party refuses to present such list to the other said thirty (30) day period, the parties shall petition the State Court of Oklahoma to appoint an independent arbitrator. Once both parties have agreed upon an independent arbitrator, the costs of said arbitration shall be equally divided between the Author and the Publisher unless otherwise determined by the independent arbitrator.
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b. Unless otherwise expressly agreed in writing by the parties to the arbitration proceedings: i. The arbitration proceedings shall be held in Oklahoma City, Oklahoma, U.S.A. ii. The arbitration proceedings shall be conducted under the Arbitration Rules of the AAA, as amended from time to time. iii. The decision of the arbitrator shall be reduced to writing shall be final and binding without the right of appeal and shall be the sole and exclusive remedy regarding any claims, counterclaims, issues, or accountings presented to the arbitrator and arising under this agreement. Any award shall be promptly paid in U.S. dollars free of any deduction or offset and any costs or fees incident to enforcing the award, shall, to the maximum extent permitted by law, be awarded to the prevailing party. c. Judgment upon the award may be entered in any court having jurisdiction over the person or the assets of the losing party or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be. 5. The Author will continue to hold whatever copyright and other rights to publish that they possessed at the time of this agreement upon the termination of this agreement. Upon termination, any license granted to the Publisher shall be deemed to be immediately terminated. The Author and Tate Publishing, LLC both understand and agree that all verbally discussed elements related to the publishing or marketing and distribution of the Authors Work which may occur in casual conversation are not binding on either party. Only items in writing will be considered as viable and binding and part of the official relationship between the Author and Tate Publishing, LLC . Author Commitments. The Author will never be committed, without their pre-approval, for any other expense not listed in this contract. The Publisher does not have to show how the Publisher portion is expended by the Publisher. Effective date and term. This agreement becomes effective on the date on the contract execution page of this document, unless modified by an addendum. Arbitration. Any claim or controversy arising related to the distribution portion of this agreement, which cannot be settled amicably, shall be settled in accordance with the terms of the Publishing Agreement as previously outlined in this agreement under the Arbitration Clause section.
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CONFIDENTIALITY AND NON-COMPETITION AGREEMENT

Owner is Tate Publishing & Enterprises, LLC , also known as the Publisher in this document, and Recipient is known as the potential Author. Once this contractual document of which this agreement is a part has been received by the Recipient, regardless of current Author status, the Recipient is bound by such and all legal aspects of copyright and trade dress rights law of the United States of America. The Owner proposes to disclose confidential and proprietary information (Confidential Information) to Recipient. Confidential Information includes but is not limited to all data, materials, products, technology, computer programs, specifications, manuals, business plans, software, marketing plans, and any information disclosed orally, in writing, or by any other media, to Recipient by Owner. Confidential Information disclosed orally shall be identified as such within five (5) days of disclosure. 1. Recipient agrees that the Confidential Information is to be considered such and proprietary to Owner, and Recipient shall hold the same in confidence, shall not use the Confidential Information other than purposes pursuant to business with Owner, and shall disclose it only to its officers, directors, or employees with a specific need to know or with specific prior written authorization from Owner. The Recipient agrees, in infinity, to never use any of the Owners concepts in any other operation of any kind, including a third partys development of a competing or similar product. Confidential Information submitted in tangible form shall never be duplicated by Recipient except for purposes of this agreement, and upon Owners request, all confidential information in written form, including but not limited to any media containing such, shall be returned to owner within ten (10) days of such request. At Recipients option, any documents or other media developed by the Recipient containing Confidential Information may be destroyed by Recipient. Recipient shall provide a written certificate to Owner regarding destruction within ten (10) days thereafter. Recipient further agrees that no information regarding the business, practices, or agreements with the Owner shall be shared in any public forum without expressed written consent of the Owner. This includes, but is not limited to, all media outlets, websites, and any other public forums. Nothing contained herein shall be construed as granting any rights of Confidential Information. Neither party solicits change in the organization, business practice, service, or products of the other party, and the disclosure of Confidential Information shall not be construed as evidencing any intent by a party to purchase products or services of the other party nor as an encouragement to expend funds in development or research efforts. This agreement shall be governed in accordance with the laws of the United States and the State of Oklahoma, and Recipient consents to the exclusive jurisdiction of the state courts and U.S. federal courts located herein for any dispute arising pursuant to agreement. The obligations of Recipient herein shall be effective until Owner terminates the agreement. The Recipient obligation shall not be affected by bankruptcy, receivership, assignment, attachment, or seizure procedures, initiated by or against Recipient, nor by the rejection of any agreement between Owner and Recipient, by a trustee of Recipient in bankruptcy, or by the Recipient as a debtor-in-possession, or the equivalent of any of the foregoing under local law. Recipient agrees that in the event of any breach or threatened breach by Recipient, Owner may obtain, at Recipients expense, in addition to any other legal remedies available, such equitable relief necessary to protect Owner against any such occurrence and recover from all loss as established by Owner.
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TATE PUBLISHINGS STATEMENT OF BELIEF

The Author understands the Statement of Belief of Tate Publishing, LLC: We believe in the reality of one true God, eternal and infinite, existing as three personsFather, Son, and Holy Spirit. Man was made in the image of God. The fall of man from Gods grace by sin put man in the position of needing forgiveness in order that his fellowship with God might be restored. He sent His son, Jesus Christ, into the world to take mans sin upon Himself. Jesus was begotten by the Holy Spirit, born of the Virgin Mary, and is true God and true man, the only sinless man who ever lived. As the Lamb of God, He took mans sin upon Himself as He died on the cross, thus satisfying Gods holy demands for all mankind. He was buried, and was resurrected on the third day following His crucifixion. After appearing to various people during a period of forty days, He ascended into heaven and is the only mediator between God and man. All who personally receive Him, through faith, are declared righteous on the basis of His shed blood. When a person confesses the fact that he is a sinner and acknowledges Jesus Christ as his Lord and Savior, his spirit is reborn. He becomes a new creation, a member of the true Church, indwelt by the Holy Spirit. This salvation is not the result of any human effort, but is the free gift of Gods grace in Jesus Christ. Jesus destroyed all the works of Satan, who as god of this world, is allowed to continue, for now, to blind the eyes of those who do not believe. Satan leads a host of fallen beings who are his aides in warring against believers. Believers must be aware of the reality of spiritual warfare and know that victory is theirs through the application of scriptural truth and the presence and power of the indwelling Spirit of Christ. God sent His Holy Spirit with gifts to the Church to empower believers for witnessing of Jesus, as well as to be comforter and teacher, until Jesus comes again. The Holy Spirit convicts the world of sin, righteousness, and judgment. The Holy Spirit witnesses not unto Himself, but to the risen Christ. He regenerates, seals, anoints and sets apart the believer to a holy life. Christ ordained the observance of water baptism and the Lords Supper until He returns. The Bible was written by men who wrote under the direct control, inspiration, and anointing of God. The Bible does not contain the Word of God, it is the Word of Godthe infallible, inerrant, only written revelation which God has given to man. It increases mans faith, as well as instructs and corrects him that he might become holy, separated from the world and unto God. The main theme of the Bible is Gods plan of salvation in Jesus Christ. Everything in the life of every human being is directly or indirectly affected by his attitude about the Bible whether or not he accepts it as the inspired Word of God. It is the supreme and final authority in all matters about which it speaks.
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MARKETING AND PUBLICIST AGREEMENT

Tate Publishing, LLC requires each Author to have a professional marketing representative and a professional publicist assigned to the Authors work. The Publisher will provide the Authors marketing representative and publicist who will assist the Author and Publisher in the marketing, sales, and promotion of their work.
SECTION I
Tate Publishing will do the following:

1. Provide the Authors marketing representative and publicist who will assist the Author and Publisher in the marketing, sales, and promotion of their work. This investment by the Publisher is in addition to the $27,000.00 of the Publishers resources allocated for the production, manufacturing, and printing of the Authors work. The services of the marketing representative and publicist shall be permanent for the life of the contract and continue each year of the contract unless the contract is terminated. Absorb all costs of the services of the marketing representative and publicist assigned to the Author by the Publisher for the life of the book and receive from the Author the required refundable retainer of $3,990.00. The Publisher shall absorb and pay for all costs incurred for the services of the marketing and publicist representatives over the retainer of $3,990.00. Tate Publishing will return to the author the retainer for the publicist in the amount of $3,990.00 upon the 1000th distribution sale of this work. The publicists retainer shall be refunded following the receipt of the funds for the 1000th distribution sale of the Authors work during the quarter after the royalty payment schedule as outlines in this contract. Personal author book purchases, direct sales, returns, damaged returns and books for which the Publisher has not been paid will not count toward the 1000 copy sales number. The 1000th mark may be reached by totaling all product sold under contract with Tate Publishing through distribution sales, including Books & eBooks. Only the actual amount paid by the author as a retainer will be refunded.
2.
3.
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SECTION II
Author Agreement:
1. 2. To pay a one-time retainer of $3,990.00 on this project to have these essential services, as described above. This retainer of $3,990.00 shall be paid by the Author and returned with the signed and executed publishing contract and is not refundable except as allowed by the Publisher through 1000 books sold through distribution, once the contract has been received by the Publisher. Promptly provide any necessary information needed by the marketing representative or publicist that is needed in conjunction with marketing your book.
3.
SECTION III
The Parties Both Understand:

1. Either party may terminate this agreement at any time. Tate Publishing, LLC or the Author may provide written notice to terminate this agreement with cause provided only that all pre-existing contractual obligations remain on both parties. The marketing representative and publicist will perform the functions below as approved by the Publisher: a. Tate Marketing will list and stock your book at Ingram/Spring Arbor, the worlds largest and best-known book distributor. This will make your book available in bookstore systems nationwide and on internet sites such as amazon.com, barnesandnoble.com, and many others. In addition to distribution with Ingram, Tate Marketing also works directly with distributors like Baker & Taylor, Appalachian/STL, American Wholesale Book Company, and American West Books. We have direct, personal relationships with buyers at retailers like Barnes and Noble, Family Christian, Books-A-Million, Mardels, Sams Club, Costco and many others. Through distribution channels or direct orders, we regularly supply all major chain stores as well as local, independent outlets. b. Your marketing representative and publicist will work with you to schedule book signing events in retail stores, and we will partner with you to create invitations to send to your friends and family so they will attend your events. c. Your marketing representative will use their experience in the industry to build marketing campaign for you that is tailored to your specific book and market, giving you the best opportunity for success. This will entail brainstorming with you to pursue opportunities specific to your book and to truly target your audience. Tate Marketing will then partner with you to schedule and promote niche marketing events that will enable you to begin selling personal copies of your book long before the official release date to your targeted reader. d. Your publicist will write and create a unique and personalized press release for you to announce the release of your book.
2.
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e. At your release date, your publicist will blitz area media outlets (radio stations, TV stations, and newspapers) with the press release and other materials as needed. f. Your marketing representative will train and educate you about what it truly means to become a professional Author, to treat your book as a business, and guide you to build an audience for your work. g. Our full-time events coordinator will contact bookstores and venues prior to your events to ensure that events are well-managed and successful. h. Your marketing representative and publicist will compile a full marketing report detailing all the initial contacts made to both the media and venues so that you may track our progress and follow up on key leads. i. If the Author selects the TV commercial trailer option (advised), the marketing and publicist representative will run that commercial on selected nationwide television. A complete list of networks are available in discussion with your representatives. j. The Authors representative will work with the Author to establish niche events to promote book sales. k. The Author will cooperate fully with the marketing and publicist representatives to achieve successful results. SELECT YOUR MEDIA I have chosen the following ONE multimedia option to be included with my contract at no cost to me: Website ____ Commercial Book Trailer _____ Social Networking Site _____
I would like to add the following checked multimedia option(s) to my book contract and have included additional payment for this in the enclosed contract: Website ____ $399 Commercial Book Trailer ____ $299 Social Networking Site ____ $299 HARD BACK COVER OPTIO I would like to have my book available for purchase in both paperback and hardback versions through all Tate Publishing sales channels.
One Time Case Bound Fee ____ $500
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CONTRACT EXECUTION PAGE

This agreement is the full agreement and all its terms constitute the complete agreement of the parties. Neither representations nor agreements, not included herein, have been made by either of the parties and no modification or waiver of any provision hereof shall be valid unless in writing and signed by both parties. This contract shall be rescinded and considered null and void as an offer 10 business days from the date the offer was extended by the publisher. Any extension of this offer must come in the form of written approval by a legal agent of the Publisher. Signing below verifies you have read and understand all of the included pages and agree to the full terms of this publishing contract.
The Authors Signature __________________________________________________________ Printed Name_____________________________________________________________________________ Social Security Number (for tax/royalty check purposes)____________-__________-_____________ Date signed____________________
Signature of Legal Agent Ryan Tate- President & CEO, Tate Publishing & Enterprises
The Author has read and accepts all provisions of this Agreement, and the Author is including the publicity retainer of $3,990.00 in U.S. funds as follows:
_____ My payment will be made with the following checking account

Name of your Bank:_________________________________ Name Associated with the Account:_____________________________ Routing Number (bottom left of your check): ____________________________________ Bank Account Number (bottom right of your check/ do not include the check number):______________________________________
_____ My payment will be made with the following credit/debit card

___ Visa ___ MasterCard ___ American Express ___ Discover
Card Number:__________________________________________________________ Expiration Date:_________________________ Name as Shown on Card:____________________________________________________________ Mailing Address Associated with Card: _________________________________________________
FAX OR EMAIL JUST THE COMPLETED LAST TWO PAGES OF THE CO TRACT I ORDER TO GET STARTED! THA K YOU! Fax # is (405) 376-4401
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PUBLISHING & DISTRIBUTION

will do the following:

Publishing Functions Completed by Tate Publishing, LLC:

Manufacturing Elements to be Determined During Production:

Distribution and Royalty Schedule:

staff, all promotional text for Book

The Author accepts the offer of Tate Publishing,

and agrees to the following:

CONFIDENTIALITY AND NON-COMPETITION AGREEMENT

TATE PUBLISHINGS STATEMENT OF BELIEF

MARKETING AND PUBLICIST AGREEMENT

Tate Publishing will do the following:

The Parties Both Understand:

One Time Case Bound Fee ____ $500

CONTRACT EXECUTION PAGE

_____ My payment will be made with the following checking account

_____ My payment will be made with the following credit/debit card

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