Agency Agreement 

            MEMORANDUM OF AGREEMENT made this ___ day of  _____________ 2007 between:  

of  

hereinafter "Author", and New England Publishing Associates, Inc. of P.O. Box 5, Chester, CT 06412, hereinafter "NEPA", whereby it is mutually agreed as follows: 

1.      The Author hereby designates NEPA to be the exclusive agent representing all rights to the Author's book-length literary works of non-fiction and fiction, unless specifically excluded herein, in all languages throughout the world for a period of not less than six (6) months from the date of this Agreement.  Said rights shall include, but not be limited to, volume rights, translation rights, foreign English-language rights, dramatic, film and performing rights, audio rights, software and electronic rights, serial rights, and out-of-print book rights. 

2.      All monies received from the sale of such rights shall be paid directly to NEPA, which shall deduct a commission of fifteen (15%) percent, except as specified in paragraph 3 below, and remit the balance to the Author within no more than thirty (30) days of receipt. No readers’ fees or other charges shall be made on domestic sales with the exception of charges for copying and shipping via overnight or two-day courier when needed.*

3.            Where a co-agent must be employed, such as in the sale of foreign, dramatic, software or out-of-print book rights, NEPA  will receive a ten (10%) percent commission of the original amount paid to the sub-agent and will remit the balance of the amount paid to NEPA by the sub-agent to the Author as specified in paragraph 2 above. Marketing certain types of subsidiary rights, most notably foreign rights, may require NEPA to either purchase additional copies of the Author’s book from the publisher or to pay overseas courier or shipping charges.  Such documented expenses incurred specifically on the Author’s behalf shall be charged to the Author’s account and deducted from any amounts coming due the Author from NEPA. 

4.      NEPA shall make its best efforts to obtain contractual offers for volume rights on the most favorable terms available and shall promptly submit any offers received to the Author for approval. 

5.      The Author hereby authorizes NEPA to act in his or her behalf in all matters arising out of this Agreement.  However, no contract shall be binding on the Author without the Author's consent and no obligation of the Author's contained in any contract shall be binding upon or the responsibility of NEPA except as explicitly provided for in writing. 

6.      NEPA shall be the irrevocable agent for all rights to the Works for which it obtains one or more contracts for volume rights and shall be named as such in each contract. The provisions of this Agreement, including the commissions provided for herein, shall apply to any work submitted on the Author's behalf by NEPA prior to termination as specified in paragraph 7 below and to any work submitted under an option clause negotiated by NEPA.   

7.      This Agreement shall automatically be extended in perpetuity at six month intervals unless the Author delivers written notification of termination with proof of delivery sixty (60) days prior to the expiration date. 

8.      If there are multiple Authors party to this Agreement, the singular references to Author shall be deemed to include the plural and all the obligations and rights of the Author shall be deemed joint and several unless otherwise provided in this Agreement.  Unless otherwise provided for herein or by written amendment, the Agency shall divide all monies due the Author into equal parts and pay the Authors separately.  

9.      This Agreement shall be binding upon and shall inure to the benefit of the parties and the heirs, executors, administrators and permitted successors and assigns of the Author and upon the lawful successors and assigns of NEPA. 

10.    This Agreement shall be construed in accordance with the laws of the State of Connecticut regardless of its place of execution or performance and it constitutes the complete understanding of the parties.  No modification, amendment or waiver of any provision of this Agreement shall be valid or binding unless executed in writing and signed by each of the parties whose signatures are affixed hereto.
 

_______________________________________                                                                    

for New England Publishing Associates, Inc.    Date

________________________________________               ________________________________
Author                                       Date                                      Social Security Number or Tax ID Number