PRECEDENT UNDERSTANDING: that all the rights to the scripts, movie, books (authorship of the novelization), etc., belong to TBN (TCCSA) see Movie
in this contract, PFC is named as the AUTHOR, A Side Note, Lance Charles (Paul's co-writer who actually
did the writing) is left out of the contract.
Examine Section 7. Earned Royalties and see who gets the money... it's PFC, he just assumes
personal ownership?. Isn't this THEFT, FRAUD, INUREMENT, CONVERSION, BREACH
OF PUBLIC TRUST? FOLLOWING IS THE ACTUAL CONTRACT WITH WESTERN FRONT
Between a Trade Publisher and Author for Trade Hard Cover
and Soft Cover Editions
AGREEMENT made by and between Paul
Crouch, whose address is Trinity Broadcast Network, 2442 Michelle Drive, Tustin California, 92780 and who
is a citizen of the United States of America (hereinafter referred to as the "Author"),
his heirs, executors, administrators, successors and assigns;
And Western Front, Ltd., a corporation of the state of
California with its principle offices at 2275 San Ysidro Drive, Beverly Hills 90210 (hereinafter referred to as "Publisher"), Its successors and assigns; Concerning a work presently titled The Omega Code (hereinafter referred to as the "Work.")
In consideration of the mutual covenants herein contained, the parties agree as folIows: "
1. The Grant and the Territory
A. The Author grants to the Publisher and its licensees, for the full-term of copyright available in each country included
within the Territory with respect to a book with the tentative title noted above, the following "Primary" and "Secondary"
(1) "Primary Rights"
(a) "Trade Edition Rights" exclusive right to publish. trade
paperback (soft Cover editions distributed primarily through hard . cover trade channels such as bookstores) editions of the
(b) "Mass Market Reprint Rights" exclusive right to
publish, or authorize others to publish. Soft Cover editions of the Work to be distributed primarily through independent magazine
wholesalers and to direct accounts.
(c) "BookClub Rights" exclusive right to sell to book clubs
or to authorize book clubs to print and sell the Work.
(d) "General Publication Rights" publication of the complete
Work or selections therefrom in anthologies, compilations, digests, newspapers, magazines and other works as a textbook; and
(e) "DirectMail Rights" exclusive right to sell, or authorize
others to sell, the Work through the mediun of direct mail circulation or by mail order coupon advertising.
(a) "Translation Rights" exclusive right to authorize others
to translate the "Work" in whole or in part, into foreign languages and to publish and sell translations anywhere in the world.
(b) British Commonwealth Rights" exclusive right to publish
and sell and to authorize others to publish and sell the Work in the English language in the British Commonwealth as constituted
as of the date of this Agreement (excluding Canada, Australia and New Zealand).
B. Exclusivity. Such grant of Primary and Secondary Rights
shall be exclusive in the United
States, its territories and possessions, Canada,
Australia and New Zealand;
the rest of the world shall be an open market.
2. The Manuscript
A. The Author agrees to deliver to the Publisher, not later
than Two (2) complete typewrinen or computer generated (or on the computer disk in a format acceptable to the Publisher) manuscripts
of the Work in the English language acceptable to the Publisher and ready to set into type. If retyping is necessary, expense
shall be charged to the Author. The Author agrees that the Author shall have retained copies of the manuscript as delivered
to the Publisher.
B. Authorizations. The Author shall deliver wrinen authorization
for the use of any materials owned by a third party included in the manuscript.
C. Right to Edit. The Publisher shall have the right to edit
the Work for the original printing and for any reprinting, provided the meaning of the text is not materially altered, and
shall have the right to publish and promote the Work in a suitable style as to paper, printing, binding, cover and/or jacket
design and to fix or alter title and price. Cover and jacket design to Author's approval.
D. 'Additional Materials. The Publisher retains the final
right to detennine whether or not photographs, charts, maps, drawings or the like (hereafter collectively referred to as Additional
Materials) are ne(?essaryfor the Work, and if necessary, how many. If the Author fails to deliver Additional Materials, in
cases where any of these have been deemed by the Publisher as necessary for the Work, the Publisher shall have the right,
but 'shall not be obligated, to cause the same to be acquired or prepared and to charge the cost of such acquisition or preparation
to the Author. The Publisher shall not be responsible' for the loss or damage to any Additional Material and the Publisher
shall be under no obligation to insure same.
E. Front Matter and Back ,Matter. If, the Author has not
so provided, and it, in the reasonable judgement of the Publisher, the Publisher feels that an index, bibliography, table
of contents, forward, introduction or preface (hereinafter referred to as Front Matter, for the Work is necessary, the Publisher
shall engage a skilled person to prepare such Front Matter and Back Matter).
A. United States.
Unless otherwise agreed to in writing the Publisher will, in all Published versions of the Work, place a Copy Right Notice
in a form and place that the Publisher: believes complies with the requirementsof the United States Copyright Law, showing
that the owner of the copyright rights in and to the Work is the Author. Publisher shall register said copyright, at Publisher's
expense with the United States Copyright Office.
B. Foreign Publisher. may, but shall not be obligated to,
copyright the Work in such other countries as it may determine. Such notice shall not be constructed as. in any way affecting
.or diminishing any of the rights granted to the Publisher under this Agreement.
C. Documents. The Author shall execute and deliver to the
Publisher any docwnents necessary to evidence or effectuate the rights granted to the Publisher Wider this Agreement. The
"copyright laws" shall be constructed to be those now or hereafter in force in the Territory.
The Author shall indemnify, defend and hold the Publisher,
its subsidiaries and affiliates and. their respective agents, officers, director and employees harmless for any claims, demands,
suits, actions, proceedings or prosecutions based on facts which, if true, would constitute a breach of any of the foregoing
warranties (hereinafter collectively referred to as "Claims") and any liabilities, losses, expenses (including attorney's
fees) or damages in consequence thereof.
5. Publication of the Work
The Publisher agrees that the Work shall be published at
its own expense and under such imprint as it deems suitable.
6. Proofreading and Changes in Proof
The Publisher shall furnish the Author with a galley proof
of the Work. The Author agrees to read, correct and return all proof sheets within thirty (30.)days of receipt thereof, subject
to legal approval which may mean ten (10) extra working days by the Author. If any changes in proof or the printing plates
(other than corrections of the printer's errors) are made at the Author's request or with his/her consent, the cost of such
changes in excess of two percent (2%) of the cost of typesetting (exclusive of the cost of setting corrections) shall be borne
by the Author. The Publisher shall give the Author prompt notice of any amounts charged to the Author under this paragraph.
If the Author fails to return the proof within the time specified above, the Publisher may publish the Work with the Author's
approval of the proof.
7. Earned Royalties
A. Primary Rights
(1). For soft cover trade editions published by the Publisher,
the Publisber shall credit the Author's account with the following royalties:
a. Regular Sales. On all net copies sold in the United
States and Canada, a royalty
of fifteen percent (15%) of the Publisher's net price per copy.
b. Discounted Sales. On all net copies sold lower than the
regular wholesale price through special arrangements with charitable, fraternal or professional associations or similar organization,
a royalty equal to seven and onehalf percent(7.5%) of the Publisher's net.
c. Direct Sales. On all net copies sold direct to the consumer
through the medium of mail order coupon advertising or direct mail circular,.a royalty equal to sevenand one-halfpercent(7.5%).
d. Remainder Sales. On all copies destroyed, given away or
sold at or below cost, no royalties shall be paid. On overstocks, or damages copies, a royalty of ten percent (10%) of the
amount that the Publisher received in excess of manufacturing cost, if the Publisher, as its option disposes of all or part
if the stock at the best price it can secure.
(3) For the other Primary Rights, the Publisher shall credit
the Author with fifty percent (50%) of the net proceeds received by the Publisher for the disposition of any PrimaryRights.
B. Secondary (subsidiary) Rights
The Publisher shall credit
the Author's Account with the following percentage of net proceeds received for the disposition of Secondary
First Periodical Rights 50%
Second Periodical Rights 50%
Condensation Rights 50%
Anthology Rights 50%
Book Club Rights 50%
Radio Rights 50%
Translation Rights 50%
Other Secondary Rights not listed above 50%
The Publisher shall render to the Author or his duly authorized
representative on or before April 30 and October 31 of each year, statements of net sales up to the preceding December 31
and June 30 respectively and, if the earned royalties exceed the guaranteed advance royalties and the amount withheld and
deducted by the Publisher pursuant to this Agreement, the Publisher shall make simultaneous settlement in cash.
D. Royalty Payments
Royalty payments paid twice a year, on or before the December
31 and June 30.
E. Reserve Against Returns
In making accountings, the Publisher shall have the right
to allow for a twenty percent (20%) reserve against returns. If royalties in excess of the guaranteed advance payment have
been paid on copies that are thereafter returned, the Publisher shall have the right to deduct the amount of such royalties
on such returned copies from any future payments under this Agreement.
F. 'Reserve Against Claims
In the event of a claim against the Publisher that, if sustained,
would constitute a breach of any of the Author's representations and warranties pursuant to this Agreement, the Publisher
shall have the right to withhold royalties and any other payments that. may be due pursuant to this Agreement pending a fmal
determination thereof. The Publisher shall have the right to apply any of said withheld royalties and other payments then
or thereafter accruing hereunder in reduction of the obligation of the Author. If a suit is not filed for a period of six
(6) months trom the assertion of a Claim, all withheld royalties and any other payments shall be payable at the end of the
next succeeding accounting period.
If the Publisher considers it necessary in the best interests
of the Wor~ .the Author agrees to revise the Work on request of the Publisher. The provisions of this Agreement shall apply
to each revision of the Work by the Author as though that revision were the work being published for the first time under
this Agreement, except that the manuscript of the revised work shall be delivered in final form by the Author to the Publisher
within a reasonable time after request for revision. Further, no initial payment shall be made in connection with such revision.
9. Author's Copies
The Publisher shall furnish to the Author, ten (10) free
copies of each edition of the Work published by Publisher. The Author shall be permitted to purchase further copies in full
carton quantities for the Author's personal use and for resale at a discount of sixty percent (60%) ftom the retail list price,
to be paid for upon receipt of the Publisher's invoice. Royalties shall be paid to the Author on the "Author's Copies." Publisher
will produce Soft Back copies to be distributed to TBN partners for $1.25 per copy.
10. Discontinuance of Publication .
"Ifthe Work goes out of print in all United States editions
and if the Publisher fails to reprint, or to cause a licensee to reprint, a United Stat~s edition with six (6) months after
receipt of written notice from the Author, unless prevented by doing so by circumstances beyond the Publisher's control, the Author may tenninate
this Agreem,nt by written notice. Upon such tennination, all rights granted hereunder, except the rights to dispose of existing
stack, shall revert to the Author subject to rights which may dispose of existing stack, shall revert to the Author, subject
to rights which may have been granted to third parties pursuant to the Agreement, and the Author's share of earnings hereunder
shall be paid when and as due. The Work shall not be deemed "out of print" within the meaning of this paragraph as
long as it is available for sale either from stock in the Publisher's or licensee's warehouse or in regular sales channels.
12. Rights Surviving Termination
In the event of the termination of this Agreement as elsewhere
herein provided, any rights reverting to the Author shall be subject to all licensees and other grants of rights theretofore
made by the Publisher to third parties, and to the rights of the Publisher to proceeds of such licenses and grants.
Regardless of the place of this physical execution, this
Agreement shall in .all respects be interpreted, constructed and governed by the laws of the State of California.
14. Modification or Waiver
This Agreement constitutes the complete understanding of
the parties. This Agreement may not be modified or altered except by written instrument executed by the Author and the Publisher.
No waiver of any term or condition of this Agreement or any part thereot: shall be deemed a waiver of any other term or condition
of this Agreement or of any later breach of the Agreement or any part thereof.
Any written notice required under any of the provisions of
this Agreement shall be deemed to have been properly served by a delivery person to the Author or by mailing such notice to
either of the parties hereto at the addresses set forth above, except as the addresses may be changed by notice in writing.
Notices mailed to the Publisher shall be sent in duplicate with one copy addressed to the company and the other addressed to the "Corporate Secretary." Mailed notices
shall be sent by registered or certified mail, return receipt requested.
16. Execution and Delivery of Contract
[fthis Agreement shall not be signed by the Author, or his/her
agent, and returned to the Publisher within a period of two (2) months úrom the date of its transmittal to the Author, the
Publisher shall have the option to withdraw its offer of agreement. The Publisher retains the right to withdraw its offer
of agreement prior to delivery of the signed agreement to the Publisher by the Author.
17. Captions and Marginal Notes
Captions and marginal notes for convenience are to be deemed
part of this Agreement where initialed by "the Author and the Publisher.
. This Agreement shall be binding upon the heirs, executors,
administrators or assigns of the Author, and the successors, assigns and licensees of the Publisher, but no assignment by
either party, other than an assignment by operation of law or by the. Publisher to an affiliate of the Publisher, shall be
made without the prior ~tten consent of the other party.
19. Use of Authors Name
The Publisher shall have the right to use, and to license
others to use the Author's name, likeness and biographical materials for the purpose of advertising, publishing and promoting
20. Option On Next Work
The or grants the Publisher the option to publish the next
three book length works on the terms and conditions as are contained herein and will submit the manuscripts to the Publisher
prior to showing it to any other publisher. The Publisher shall ninety (90) days in which to advise the Author if it
is going to exercise said option and upon what terms, but it shall not bc required to exercise it within six (6) months following
first publication of the Work. If the Publisher does not exercise its option, or if the parties do not agree upon t ms within
thirty (30) days after the Publisher has so lfied the uthor, the Author shall be free to arrange publication elsewhere, provided
however, that prior to the Author making a contract with respect to such new with another publisher, the te thereof shall
be sub itted to the Publisher who shall have thirty (30) days to notify the Author that it will publish the said new book
on those terms.
21. Bankruptcy and Liquidation
If the Publisher is adjudicated as bankrupt. or liquidates
its business, this Agreement shall thereupon tenninate, and all rights granted to the Publisher shall automatically revert
to the Author.
If any difference shall arise between the Author and the
publisher touching the meaning of this Agreement or the rights and liabilities of the parties thereto, the same shall be referred
to the arbitration of two persons (one to be names by each party) or their mutually agreed umpire, in accordance with the
Rules of the American Arbitration Association; judgement on the award rendered may be entered in any court having jurisdiction
23. Disputes and Attorney's Fees
In any action upon the Agreement,. including litigation and
arbitration, the party which prevails will have all attorney's fees and cost paid by the losing party.
IN WITNESS WHEREOF the parties hereof have executed and duly
witnessed this Agreement as of the day and year written below.
Author or Author's Agent
Name: Paul Crouch
Name: Cliff B. Ford