Hi, Kate,
Your willingness to provide info here is much appreciated, and much of what you say about your business model sounds encouraging. However, I'm very concerned about this:
We pay authors a percentage of royalties on net and distribute quarterly. The contract states:
" Net sales are defined as the Total Dollar amount received by the PUBLISHER from the wholesale or retail sale of the WORK minus the printing expenses, costs to produce, costs to sell, costs to market, costs to ship and/or distribute, and total dollar amount of any returns of the WORK. "
Many smaller publishers do pay on the publisher's net (rather than on list price, as is more typical of larger publishers)--defined as the income the publisher actually receives from wholesalers and retailers.
However, what's described above is not the publisher's net. It's net profit: the publisher's net less a menu of other costs, including the cost to actually print the book.
Royalties paid on net profit (and while some small presses do use this model, it's not all that common) is a MAJOR red flag in a publisher's contract, because it seriously reduces the amount on which royalty percentages are calculated. The wording of Spencer Hill's contract is actually worse than many net profit clauses I've seen, because it deducts not just production costs, but marketing costs. Production costs can be predicted in advance (so the author can at least estimate how much the publisher's net will be reduced), but marketing costs are hard to calculate--so authors really won't have any idea, from quarter to quarter, of what their actual per-book royalty will be.
Bottom line: at best, authors' royalties with Spencer Hill will be quite a bit smaller than with a publisher that simply paid royalties on net. At worst, authors will receive a pittance--or even, conceivably, nothing at all.
- Victoria