Fill and Sign the Although No Definite Rule Exists for Determining Whether One is an Independent Contractor or an Employee Certain Indicia of the Form

Independent Contractor Agreement for the Sale of Book Agreement made on the _____ day of _________________, 2_______, between _________________________ (Name of Independent Contractor), hereinafter referred to as Contractor, and _______________________ (Name of Author), hereinafter referred to as Author.Whereas, Author has written a book entitled __________________________________ ____________________________________ (Title of Book) (hereinafter called the Book); and Whereas, Author desires for Contractor to sell the Book for a commission of $________ per Book; and Whereas, Contractor desires to sell said Book for said commission; Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:1. Territory Contractor shall have the nonexclusive right to sell the Book anywhere in the World where lawful. 2. Relationship of the Parties The parties intend that an independent contractor-employer relationship will be created by this contract. Author is interested only in the results to be achieved and the conduct and control of the work will lie solely with Contractor. Contractor is not to be considered an agent or employee of Author for any purpose. It is understood that Author does not agree to use Contractor exclusively. It is further understood that Contractor is free to contract for similar services to be performed for other authors while under contract with Author. 3. LiabilityThe work to be performed under this contract will be performed entirely at Contractor's risk, and Contractor assumes all responsibility for the performance of this contract. Contractor agrees to indemnify Author for any and all liability or loss arising in any way out of the performance of this contract by Contractor.4. DurationEither party may cancel this contract on five days' written notice; otherwise, the contract shall remain in force for a term of five years from date.5. CommissionsAuthor agrees to pay directly to Contractor a commission equal to $________ per Book sold by Contractor. All commissions due for sales made by Contractor during the preceding month will be paid to Contractor by the tenth day of the month following the month Author receives the proceeds of said sale. 6. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.7. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ____________________. 8. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective home address of each party. 9. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 10. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 11. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 12. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. WITNESS our signatures as of the day and date first above stated. __________________________ _________________________ Author Contractor