THIS AGREEMENT made on ________________ 2017 between the ““JOURNAL PUBLISHER,having its), “ADDRESS” (hereinafter called the “Primary publisher”) which term shall be deemed to include its successors, representatives and assigns), through its partners “Authorized Person”

M/s. Enriched Publications Pvt. Ltd. having its office at S-9, 2^nd Floor, Manish Abhinav Plaza, Plot No. 5, Sector-5, Dwarka, New Delhi-110075 (hereinafter called the joint publisher), which term shall be deemed to include its successors, representatives and assigns), through its Director Shri Amit Prasad

WHEREAS“Enriched Publications Pvt. Ltd” (Joint publisher) who are in the business of printing and publishing of journals, approached“JOURNAL PUBLISHER”(Primary publisher) expressing their interest to print and publish 4 journals (shown below), which were printed and published by “JOURNAL PUBLISHER (Primary Publisher).

On the request of Enriched Publications Pvt. Ltd (Joint publisher), the “JOURNAL PUBLISHER” (primary publisher) hereby grants and assigns to the Joint Publisher, its successors, representatives and assigns the sole and exclusive right to publish i.e. print and publish the following 4 journals which were earlier published by the Primary Publisher in the English languages in all forms in India and in any other foreign country during the terms of this MOU/Agreement and on the terms and conditions explained below:

 

 

NOW it is hereby agreed and declared by and between the parties hereto as follows:-

 

a) Joint Publisher (Enriched Publications Pvt. Ltd.) shall be responsible for obtaining manuscripts from research scholars, professors etc.by following necessary formalities which include obtaining undertaking from the research scholars, professors etc. 

 

b) The joint publisher shall publish the journals in the form of Print version and or E-versionat its own expense as per mutually agreed terms by the parties. The Joint publisher will provide to primary publisher 10 copies of the journals published, on free of charge.

 

c) The Joint Publisher shall be at the liberty to make the final decision as to the publication of the materials in the above journals. The joint publisher may reject any article or material received from the authors. 

b) Joint publisherwill take full responsibility for any articles published in the above journals. Should there be any copy right / trademarks violations, Joint Publisher will take full responsibility for the consequences, if any. Thus it is expressly and unequivocally agreed between the parties that Joint publisher will be fully responsible for any printing errors, copy right violations and trademarks violations etc. The primary publisher will not be responsible for any printing errors, copy right violations, and trademarks violations or for any action initiated by the authorities concerned.

 

c) If, at any time during the effective terms of this Agreement, a claim shall arise for infringement OR unfair competition as to any of the rights which are the subject of this Agreement, the parties proceed jointly or separately to prosecute an action based on such claims.

 

d) Joint Publisher is responsible for appointing Editorial Board consisting of Chief Editor along with Editorial team and Advisory Board (if any) and also the Reviewer for the manuscripts received from the authors for screening and selecting of the articles (manuscripts) in the format / as per the standard guidelines of which is already in place. The Joint Publisher shall also responsible for correction in the manuscripts which include graphics, grammatical errors etc.

 

d) Publication schedules:

All the journals are quarterly publications i.e. 1^st issue by March, 2^nd issue by June, 3^rd issue by Sept and 4^th (last) issue by December. The Joint publisher will ensure to continue publication schedules as hitherto by publishing 4 issues in a year. Any combine issues published or reduction / increase in number of issues to be done in consultation with the Primary publisher. 

 

e) The Joint Publisher shall have the sole and exclusive right to publish or to license the work for publication in the English Language or in any other language in India and in any other foreign country. The primary publisher will get the share of the royalty as per the agreement between the parties. 

 

It is expressly agreed between the parties to the MOU / Agreement (Primary Publisher and joint publisher) that exclusive rights for subscription and distributionof the journals will be vested with the“Apex Subscription Pvt. Ltd.” theflagship company of “JOURNAL PUBLISHER” and in so far as percentage of discount is concerned, same terms will apply as agreed between “Enriched Publications Pvt. Ltd.” and “APEX Subscription Pvt. Ltd.”as per the Agreement signed between the parties.

 

Subscription price of the journals are fixed at Rs. 3,000/- for each journal per year for 4 issues, which is to be maintained initially. In case of variation in subscription price (i.e. reduction or increase)agreed to be done with the mutual understanding between the Primary publisher and the Joint publisher.

 

Journals Including in the package:

It is agreed between the parties that incase of any or all journals to be shown in the package and price concession to be given to subscribers, could be done on mutual understanding between the parties. Further incase the journals to be included in the package of other journals published by Joint publisher (Enriched Publications), can be done upon mutually agreed between Primary and Joint publisher.

 

The journals can also be included for an offer or discount for the promotion of or for subscription of journals.

 

Joint publisher is authorized to extend discount up to 40 percent, as offered by the joint publisher to its subscription agents / subscribers, exceptingto exclusive subscription and distributionmanagement Agent (Apex Subscription Pvt. Ltd.) for whom 50% discount is applicable.

 

It is agreed between the parties to this agreement (Primary and joint publishers),the profit which derived after meeting expense towards for printing and publishing on net profit to be divided by the Primary publisher and secondary publisher on equal proportion. It is expressly agreed by the Joint publisher of maintaining absolute transparency in income and expenditure. OR THE JOINT PUBLISHER SHALL PAY TO THE PRIMARY PUBLISHER 30 PERCENT OF THE TOTAL REVENUE GENERATED EVERY 3 MONTHS.

 

In case any complimentary / sample copies to be given to subscribers prior to subscription of journals, preference should be given to back issues of previous year/s and this information should be shared by signatories to this MOU/agreement for maintaining transparency.

 

The journal will be marketed through Flagship Company of the Primary publisher (APEX Subscription Pvt. Ltd.) and also with equal interest by the Joint publisher along with its other publications.

 

Although the 4 journals shown in this MOU/Agreement, are authorized to print and publish by the Joint publisher (Enriched Publications Pvt. Ltd.”), being owner of the 4 journals, sole rights on the journals will rest (remain) with the Primary publisher i.e. JOURNAL PUBLISHER, unless the Primary publisher surrender its rights to the joint publisher in written agreement by following necessary legal procedure.

Primary publisher authorize to joint publisher to publish online publication of the journals on any website, resources in consultation with the Primary publisher and include in the index citations as required for popularizing the journals and also for affording large number of readers in its ambit.

Joint publisher will maintain records of total number of copies printed of each journal and share the information with the Primary publisher, which amount toensuring absolute transparency.

 

The joint publisher will ensure to publish all the journals for which payment received from subscribers or through their Agents. In case of any issues remain pending and the Joint publisher decided not to publish for whatever be the reason, the joint publisher will ensure to refund the amount in proportionate to the missing issues. Additionally, upon stopping publications of the respective journal/s, the right to publish concerned journals automatically ceases to Joint publisher and the primary publisher being an owner of the respective journal/s will have sole right to print and publish the journal/s and or shall be free to pass on print and publication rights to any person, company or firm at its own discretion and the joint publisher will not have any rights or claim whatsoever.

 

As per the standard practice followed by almost all the publishers, if there is any delay in publication of journals, the joint publisher should notify to the primary publisher and also to the subscribers (from whom orders received directly or through subscription agents), well in advance to avoid unnecessary communication gap.

 

The present MOU/Agreement shall remain valid until the same is terminated by the Primary publisher or Joint publisher on written communication or till the time it is terminated with the mutual consent of both the parties.

 

The rights and obligations of the parties under or arising out of this Agreement shall be constructed and enforced in accordance with the laws of India.

 

All or any disputes arising out of or touching upon or relation to the terms of this Agreement including interpretation and validity of the terms thereof and the respective rights and obligations of the parties shall be settled amicably by mutual discussion failing which the same shall be settled through arbitration of a sole arbitrator to the appointed by the Primary publisher and joint publisher under the provision of the Arbitration and Conciliation Act, 2996 or any statutory amendments / medications thereof for the time being in force. The arbitration shall be held at ADDRESS or Delhi.

 

This Agreement shall be interpreted according to the laws and staues applicable in the Union of India, subject to the jurisdiction of Court at ADDRESS / Delhi.

In the event of one or more clauses of this Agreement are declared invalid, void, unenforceable or illegal, that shall not affect the validity of the remaining portion of this Agreement.

 

INWITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written at ADDRESS / Delhi.

 

 

                                                                                                          Amit Prasad

Authorized Signatory                                                                     Director (Authorized signatory)

 

Witness (sign, name & address):                                             Witness (sign, name & address):

 

1.                                                                                                            1.

 

 

 

2.                                                                                                            2.