Savior Publishing House License Agreement
In the Agreement, the party who is granting the right to use the licensed property will be referred to as “Savior Publishing House,” and the party who is receiving the right to use the licensed property will be referred to as “Licensee.”
This License Agreement (this “Agreement”) is made effective as of the date of purchase
between the licensee and Savior Publishing House LLC, of 2140 Hall Johnson Ste. 102-320, Grapevine, Texas 76051.
The parties agree as follows:
- GRANT OF LICENSE. Savior Publishing House owns and/or has the rights to publish and distribute Home to Home The Step By Step Senior Housing Guide, Home To Home The Step By Step Senior Housing Guide – Senior Planning Workbook, and all Home to Home presentations, documents, and training materials, as well as Private Lender Blueprint and all Private Lender presentations, documents, and training materials (the “Authored Work”). In accordance with this Agreement, Savior Publishing House grants Licensee a non-exclusive license. Licensee can use the licensed property and sell the books and/or workbooks for an amount not to exceed the retail price printed on the book. Sales of the book are limited to in person sales at an event and through Lulu. Savior Publishing House retains title and ownership of the authored work and derivative works will be assigned to Licensor by Licensee.
Licensee grants Savior Publishing House the rights to use testimonials and success stories on websites, social media, and marketing materials. Licensee also gives Savior Publishing House permission to use photos of them for marketing purposes. All packages include wholesale pricing on books, access to our members only training site, weekly accountability, group calls, and custom title option. Expert Marketing and Recognition Packages include everything in the Local Expert Packages plus choice of a custom cover options, hosted book landing page, best-selling author desk award, best-selling author branding on co-authored books, and the opportunity to participate in our best-selling author book. Our goal is to create a best-selling co-author book each quarter as new members join the program. Additional content via Google Form or Zoom interview may be required to complete the best-selling author book.
Licensee agrees to purchase a zone license which limits the total number of licensees per geographical area. Licensee maximum per area is calculated by using the licensees mailing address to determine the MSA/MD (Metropolitan Statistical Area/Metropolitan Division). Savior Publishing House will divide the population for the geographical MSA/MD by five hundred thousand and round up to the next whole number to determine the maximum number of licensees per area per book system. The licensee has the rights to market and promote their co-authored book in any geographical area. If licensee purchases a zone license that is no longer available at the time of purchase, licensee will be refunded their purchase minus credit card fees.
- PAYMENT OF ROYALTY. Licensee will pay to Savior Publishing House a royalty which shall be calculated based on the current price reflected on the shopping cart page. The Set-up Fee starts immediately. Monthly membership starts 30 days after checkout. Licensees will be able to print copies of the book and workbook at the cost price plus shipping and handling with our on-demand printer Lulu. Home To Home Local Expert and Expert Marketing and Recognition packages include 50 books and 25 workbooks. Private Lender Local Expert and Expert Marketing and Recognition packages include 50 books. Savior Publishing House has the right to change printers in the future. Any retail Lulu sales royalties will be retained by Savior Publishing House. Outside printing of the manuscript by the licensee is prohibited. Currently book print cost is $4.50, and workbook print cost is $4.99 without shipping and handling. Prices subject to change.
- MODIFICATIONS. Unless the prior written approval of Savior Publishing House is obtained, Licensee may not modify or change the Authored Work in any manner. Licensor will not directly contact, nor resell nor redistribute the contact information of parties who utilize the phone number and email on the manuscript to anyone other than Licensee without Licensee’s prior written permission during the term of this agreement and any extensions thereof. Any modification to the manuscript outside of the normal local edition customization (contact info, front cover, back cover, acknowledgements, introduction, call to action throughout book, and about us) is at the publisher’s discretion and subject to an additional fee. Licensees who purchase a Local Expert or Expert Marketing and Recognition Package will have the opportunity to receive a unique title that must be approved by the publisher. Additional covers are also at the publisher’s discretion and may be subject to an additional fee.
- DEFAULTS. If Licensee fails to abide by the obligations of this Agreement, including the obligation to make a royalty payment when due, Savior Publishing House shall have the option to cancel this Agreement by providing 30 days' written notice to Licensee. Licensee shall have the option of preventing the termination of this Agreement by taking corrective action that cures the default, if such corrective action is taken prior to the end of the time period stated in the previous sentence, and if there are no other defaults during such time period.
- CONFIDENTIAL INFORMATION. The term “Confidential Information” means any information or material which is proprietary to Savior Publishing House, whether or not owned or developed by Savior Publishing House, which is not generally known other than by Savior Publishing House, and which Licensee may obtain through any direct or indirect contact with Savior Publishing House. Regardless of whether specifically identified as confidential or proprietary, Confidential Information shall include any information provided by Savior Publishing House concerning the business, technology and information of Savior Publishing House and any third party with which Savior Publishing House deals, including, without limitation, business records and plans, trade secrets, technical data, product ideas, contracts, financial information, pricing structure, discounts, computer programs and listings, source code and/or object code, copyrights and intellectual property, inventions, sales leads, strategic alliances, partners, and customer and client lists. The nature of the information and the manner of disclosure are such that a reasonable person would understand it to be confidential.
- “Confidential Information” does not include:
- matters of public knowledge that result from disclosure by Savior Publishing House;
- information rightfully received by Licensee from a third party without a duty of confidentiality;
- information independently developed by Licensee;
- information disclosed by operation of law;
- information disclosed by Licensee with the prior written consent of Savior Publishing House;
- any other information that both parties agree in writing is not confidential.
- PROTECTION OF CONFIDENTIAL INFORMATION. Licensee understands and acknowledges that the Confidential Information has been developed or obtained by Savior Publishing House by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of Savior Publishing House which provides Savior Publishing House with a significant competitive advantage and needs to be protected from improper disclosure. In consideration for the receipt by Licensee of any Confidential Information, Licensee agrees as follows:
- No Disclosure. Licensee will hold the Confidential Information in confidence and will not disclose the Confidential Information to any person or entity without the prior written consent of Savior Publishing House.
- No Copying/Modifying. Licensee will not copy or modify any Confidential Information without the prior written consent of Savior Publishing House.
- Unauthorized Use. Licensee shall promptly advise Savior Publishing House if Licensee becomes aware of any possible unauthorized disclosure or use of the Confidential Information.
- Application to Employees. Licensee shall not disclose any Confidential Information to any employees of Licensee, except those employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement.
- ARBITRATION. The parties will attempt to resolve any dispute arising out of or relating to this Agreement through friendly negotiations amongst the parties. If the matter is not resolved by negotiation within 30 days, the parties will resolve the dispute using the below Alternative (ADR) procedure. Any controversies or disputes arising out of or relating to this Agreement will be resolved by binding arbitration under the rules of the American Arbitration Association. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
- NON-EXCLUSIVE LICENSE TO LICENSOR. As of the effective date, Licensee grants back to Savior Publishing House a non-exclusive royalty-free license to use the Authored Work as Savior Publishing House sees fit, including for the creation of derivative works; provided, however, this license shall not limit Licensee's rights under this License.
- TRANSFER OF RIGHTS. This Agreement shall be binding on any successors of the parties. Neither party shall have the right to assign its interests in this Agreement to any other party unless the prior written consent of the other party is obtained.
- TERMINATION. This Agreement shall terminate automatically if the licensee is involved
in a criminal activity, breach of contract, or any activity that harms the Home To Home, Private Lender Blueprint, Customers Chasing You, or Savior Publishing House brand. At any time licensor or licensee can cancel the agreement with 30 day written notice. Upon termination the licensee loses all rights to use the Authored Work and supplemental materials in this agreement.
- ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties.
- AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is signed by both parties.
- SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
- WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
- APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Texas.
- GUARANTEE AND WARRANTIES. Savior Publishing House cannot guarantee any level of success. Results vary based on the skill and effort of the licensee. Within 30 days from the date on this agreement, if the licensee no longer wants to participate in the program, we will refund 100% of the setup fee minus any publishing costs for work completed. Licensees can send a request for a refund to 2140 Hall Johnson Rd. Ste. 102-320 Grapevine, TX 76051. Email, phone, or any other requests will not be accepted, written request only.
- SIGNATORIES. This Agreement shall be accepted by licensee by checking box on shopping cart and completing a purchase
Savior Publishing House
2140 Hall Johnson Rd Ste. 102-320
Grapevine, Texas 76051
Effective as of September 22, 2020