Please read through the Agreement below and let us know you understand and agree by checking the “I Agree” box below. WHEREAS
, you (the Publisher/Author) desire to obtain a review of your book (“Book”) from BlueInk Review, LLC; and WHEREAS
, BlueInk Review, LLC (“BlueInk”) is in the business of reviewing manuscripts and books; and WHEREAS
, BlueInk has made available to its clients the option to have their work reviewed by Foreword Clarion Reviews in addition to that of BlueInk (See Rider to this Agreement, a copy of which is attached hereto and incorporated herein by this reference); and WHEREAS
, the parties desire to work together on this project; NOW, THEREFORE
, in consideration of the mutual promises and other good and valuable consideration the receipt and sufficiency of which is hereby expressly acknowledged, the parties agree as follows:
- 1. Non-Refundable: Subject to Paragraph 2 below, all amounts paid to BlueInk by the Publisher/Author shall be non-refundable under any circumstances once received by BlueInk.
- 2. Obligation to Review: BlueInk is under no obligation to provide the Publisher/Author with any review whatsoever. If, however, BlueInk fails or refuses to provide a review to the Publisher/Author and the Publisher/Author has paid BlueInk any funds whatsoever, then pursuant to the terms of this Agreement, these funds shall be promptly refunded to the Publisher/Author. At the same time, all copies of the Book and/or the manuscript shall also be returned to the Publisher/Author.
- 3. Non-cancellable: Once you submit your order to BlueInk, it shall thereafter be non-cancellable for any reason by the Publisher/Author.
- 4. Timing of a Standard Review: Standard reviews will be completed and sent to the Publisher/Author within nine (9) weeks of the receipt by BlueInk of two copies of the Publisher/Author’s Book or manuscript.
- 5. Timing of a Fast Track Review: Fast track reviews will be completed and sent to the Publisher/Author within six (6) weeks of the receipt by BlueInk of two copies of the Publisher/Author’s Book or manuscript.
- 6. Posting of Review: BlueInk will post all reviews after fourteen (14) days of completion and delivery of the review to the Publisher/Author unless the Publisher/Author notifies BlueInk in writing via email prior to the expiration of the fourteen (14) day period that he/she/it does not desire such review to be posted on this website. At any time thereafter, the Publisher/Author may request that BlueInk remove the review from its website (though not from any third party websites pursuant to the terms of Paragraph 7 below), by sending a notification of his/her decision to it in writing via email. In the event that the Publisher/Author timely notifies BlueInk of his/her/its intention to not have the review posted on the BlueInk website, then this review will not be submitted to any source for publication or use whatsoever.
- 7. Grant of Authority: If the Publisher/Author has not timely notified BlueInk of his/her/its intent to delete the review from any posting on any website whatsoever, the Publisher/Author does hereby grant BlueInk the full authority to license and/or otherwise allow others in the book review business to read and/or reprint the review on its website or in its publications. The Publisher/Author hereby acknowledges and agrees that if he/she/it timely opts out of having such review posted on the BlueInk website pursuant to Paragraph 6 above, that the review will not appear in these industry publications. If, however, the Publisher/Author does not opt out in a timely fashion pursuant to Paragraph 6 above, the review may be submitted to other websites and once submitted, they will not be removed under any circumstances.
- 8. Fees: The fee for a Standard Review is $395 per title to be reviewed. The fee for a Fast Track review is $495 per title to be reviewed.
- 9. Payment Terms: The fee for any review shall be submitted by credit card concurrently with the submission of the Book or manuscript for review by BlueInk..
- 10. Ownership of submitted books or manuscripts: The Publisher/Author hereby acknowledges that all copies of books and manuscripts that may be sent to or otherwise submitted to BlueInk become its property and shall not be returned to the Publisher/Author unless BlueInk elects not to provide a review to the Publisher/Author pursuant to Paragraph 2 above.
- 11. Freedom to reproduce and reprint reviews: BlueInk hereby grants to the Publisher/Author full authority to reproduce and/or reprint its review of your Book or manuscript in part or in whole for any marketing or promotional purposes, including but not limited to the cover or jacket of your book. The Publisher/Author may not add material to the existing review in any way or for any reason. Each reprint or reproduction shall prominently credit BlueInk Review as the source of the review.
: While this is not meant to substitute in any manner for the advice of your attorney relating to this issue, please note the following with respect to paid reviews as are ordered by you hereunder: Publishers/Authors who submit books to BlueInk for its paid review, are obligated to ensure that their use of the review complies with all state, federal or other laws, including Federal Trade Commission’s 16 CFR, Part 255: “Guides Concerning the Use of Endorsements and Testimonials in Advertising.” BlueInk has no control over how a Publisher/Author uses its review, or whether a review, in full or in part, is used as an endorsement. Publishers/Authors agree and are required to ensure compliance for their own uses of BlueInk’s review.
DISCLOSURE: Our BlueInk reviews are not an 'endorsement' of either an author or a book.
- 12. No Guarantee of Outcome: By entering into this Agreement, you specifically and fully acknowledge that you are aware of the fact that your review will be unbiased and may consider such facts and style as the reviewer deems appropriate. The outcome may not be positive or to your liking in any other way. BlueInk hereby disclaims all warranties, express or implied, or guarantees or assurances relating to its reviews regarding any specific outcome (whether positive, neutral, or negative) whatsoever. Your sole remedy is to give notice to BlueInk of your choice not to have your review published on its website. You have no other legal recourse. BlueInk will consider revising a review only if it contains factual errors, and then only at our discretion.
BLUEINK REVIEW, LLC AGREEMENT RIDER
- 13. No Specific Reviewer: You may not request a specific reviewer for your Book or manuscript. The actual choice of reviewers shall be at the sole discretion of BlueInk Review at all times.
- 14. Anonymous Reviewer: You will not be entitled to know the identity of your reviewer at any time, nor for any reason. It is in this manner that we maintain the integrity of the process and the outcome.
- 15. Non-Assignable: This Agreement may not be assigned by either party for any reason at any time.
- 16. Publisher Authority: You acknowledge, represent and warrant that you are the sole Publisher/Author of the Book or manuscript and/or that you have the full and complete authority to submit the Work for review to BlueInk without the necessity for the approval of any other party. You further warrant and represent to BlueInk that nothing contained in the Book contains the infringement of any intellectual property which may be owned by any third party, nor does it contain any defaming material whatsoever.
- 17. Release and Indemnification: You hereby expressly release BlueInk, its affiliates, employees and reviewers and agree to indemnify, defend and hold them harmless from and against any and all liabilities, damages, losses, claims, costs and fees (including attorneys' fees) related to or arising in connection with the review generated by BlueInk and against any other inaccuracies of yours under this Agreement.
- 18. Limitation of Rights: Under no circumstances will BlueInk be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of any content, goods or services available on this website or any website with whom we link. Any dispute resolution proceedings, whether in mediation or in arbitration, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private attorney general action.
- 19. Dispute Resolution: In the event of any dispute between the parties to this Agreement, such dispute shall be submitted to a jointly selected mediator in Denver, Colorado who is familiar with the issues in dispute, and who shall be charged with resolving the dispute. The costs and expenses of mediation shall be split one half by each party. In the event that this dispute is not resolved by the mediator, the parties agree that they will submit the dispute to an arbitrator in accordance with the rules of the American Arbitration Association, which resolution shall be binding on both parties and may not be appealed by either of them. The costs of this arbitration shall be borne by both parties, one half to each. In conjunction with the outcome of such arbitration, the arbitrator may award the successful party its costs and expenses as well as its reasonable attorney's fees as part of the overall award to it/him/her. Each party waives his/her/its right to a trial by jury.
- 20. Non-Disparagement: In the event that a dispute arises between the parties, the parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth in Section 19. The parties agree that they will not engage in any conduct or communications, public or private, designed to disparage the other.
- 21. Governing Law: This Agreement shall be interpreted in conjunction with the laws of the state of Colorado. Venue shall be proper in the district court in Denver County, State of Colorado.
- 22. Counsel: Each party acknowledges that it has had time and opportunity to review this Agreement and obtain counsel of its choice and advice as deemed necessary or desirable.
- 23. Affiliate Links: Some of the links on the BlueInk website are “affiliate links.” This means if you click on the link and purchase the item, BlueInk will receive an affiliate commission.
This addendum to the BlueInk Review Agreement (“Agreement”) of even date
herewith, is hereby made a part of that Agreement in accordance with the terms and
conditions contained herein. Optional Review by Foreword Clarion Review
: The Author/Publisher may
elect to have his/her/its Book reviewed by Foreword Clarion Review in addition to
the review being ordered in the Agreement from BlueInk. Foreword Clarion Review is Independent
: The parties hereto acknowledge
and understand that there is no relationship, business or otherwise, between
BlueInk and Foreword Clarion Review. In event that the Author/Publisher elects to
have two reviews of his/her/its Book by each of these companies that specialize in
providing independent reviews, said reviews will be performed separate and apart
from the other, and neither reviewer will have access to the review of the other
before releasing its review. Election for Foreword Clarion Review
: The election to have such a second
review completed shall be by the execution of this Rider and the payment for the
second review as provided herein. Amendment to Agreement
: In the event that the Author/Publisher elects to
have this additional review completed, in the Agreement, wherever “BlueInk” is
referred it shall be replaced with “BlueInk and Foreword Clarion Review” Fee Amendment
: The fee described in the Agreement shall be amended to reflect
a pricing of $695 per title, per the 2 reviews by both BlueInk and Foreword Clarion
Review.” Dispute Resolution
: If the optional second review is selected by the
Author/Publisher, this provision shall replace in its entirety, Paragraph 19 in the
Agreement with the new language as follows: In the event of any dispute between the parties to this Agreement, such
dispute shall be submitted to a jointly selected mediator in Traverse City, Michigan
if the dispute relates to issues between the Publisher/Author and Foreword Clarion
Review. In the event of any dispute between the parties to this Agreement, such
dispute shall be submitted to a jointly selected mediator in Denver, Colorado if the
dispute relates to issues between the Publisher/Author and BlueInk Review.
The costs and expenses of mediation shall be split one half by each party. In
the event that this dispute is not resolved by the.mediator, the parties agree that
they will submit the dispute to an arbitrator familiar with the issues in question,
located in the city in which the mediation occurred, in accordance with the rules of
the American Arbitration Association, which resolution shall be binding on both
parties and may not be appealed by either of them. The costs of this arbitration shall
be borne equally by both parties. In conjunction with the outcome of such
arbitration, the arbitrator may award the successful party its costs and expenses as
well as its reasonable attorney's fees as part of the overall award to it/him her. Each
party waives his/her/its right to a trial by jury. Liability for the Review and its Reviewers:
Neither BlueInk nor Foreword
Clarion Review are responsible for the reviews of the other under any
circumstances whatsoever. This Agreement has been prepared solely to present the
ability for Publishers/Authors to obtain multiple reviews of their titles for less than
the costs and expenses of two separate reviews. Additionally, neither BlueInk nor
Foreword Clarion Review shall be responsible for the performance or deficiency
therein, of the other party in conjunction with timing, communication, and/or any
other administrative functions. I, (Publisher/Author) do hereby accept the terms as stated above and elect to have two reviews of the Book, one each by BlueInk and Foreword Clarion Review. I have read this Rider and agree with all of the terms and conditions contained in the
Agreement to which this Rider is attached, and recognize that this is merely an
accommodation by BlueInk for my benefit. It is not to be construed to be a warranty
of any level of performance of Foreword Clarion Press by BlueInk, nor is it
construed to be a warranty of any level of performance of BlueInk by Foreword