Pink Kiss Publishing Company

Pink Kiss Publishing Company’s Response to: Complaint ID [redacted] Brought forth by complainant: [redacted] Dear Revdex.com of Mississippi, Inc [redacted] aka [redacted] signed a non-exclusive contract to publish her book, [redacted] on 7/25/She purchased our Basic Publishing Package for $***The services included with this package are listed underneath the package located on page of the Author Order FormAuthors pay us a fee to publish their title(s) under our companyThe package cost does not go to the publisher or the company; it goes towards payment for the services needed to get their books in print, i.e., graphic designer, typesetter, ISBN, distribution channels, editing, etcOn page of the original publishing agreement signed by [redacted] , second column, bottom of the paragraph it states: Author acknowledges that any and all art or electronic files created, in part or whole by Publisher remain the property of the Publisher and may not be used by Author without express written consent of Publisher [redacted] made claims that this was not included in the original contract but I have attached the original contract to this document for verification purposesPrior to [redacted] signing on with us we had numerous phone meetings and messages by email in which we discussed everything that we do in detailWhen we began publishing for other authors in 2011, e-book formatting was not included with our packages; however, some authors wanted e-book publishing so we added it as part of our services for authors wishing to have their books available in e-bookIt is true that it was not spelled out on the contract, but any author wanting e-book formatting was notified by email of the terms prior to the e-book being formattedIn the email dated August 28, (attached to this complaint), prior to her book even being formatted for e-book, it clearly shows that [redacted] was aware of the 50/split of the e-book profitsShe never once said she didn’t agree with itShe never once said “I don’t think that’s fair, so don’t put my book on e-book”She also never requested or mentioned a refund due to this informationThis was her decision to place her title on e-book knowing the termsBut let’s just give her the benefit of the doubt and say she still didn’t get itIn an email dated October 8, (also attached) again it reiterates that Amazon Kindle gets 30% and we split the remaining 70%, Barnes & Noble Nook gets 35% and we split the remaining 65%Still, she didn’t have a problem with itShe only had a problem with it on April 7, when she called me claiming she didn’t knowAt that time I resent her all previous emails pertaining to our discussions about e-book royaltiesHer reply was (original email attached): -----Original Message----- From: [redacted] MS [mailto: [redacted] @yahoo.com] Sent: Wednesday, August 07, 5:PM To: [redacted] @pinkkisspublishing.com Subject: Thanks for sharing these emailsThis was information explained after the contract was signedThese were questions that I should have asked before signing the contract not afterward to have better clarificationIm usually much better with business than thisAs I stated earlier this is a learning experience I will just have to take this as a lost & move forward knowing better next time Sent from [redacted] iPhone= However, at no time did she ever mention that she wanted the e-books removedOn November 7, I received a Demand Letter (also attached) to which I replied (also attached)At this point, I’m still confused by this complaintDid she think we weren’t entitled to a portion of e-book earnings? Because I don’t know any company that will prepare, upload and maintain an accurate accounting of e-book files without earning any of the profitThis makes no senseEven after [redacted] terminated her contract, and requested to buy out her files she still insisted that I keep all files up until she was prepared to re-upload her files under her company nameThat doesn’t sound like someone who is unhappy about our publishing company receiving 50% of her e-book salesLike most people, if I am unhappy with a service I want it removed immediately; not when it’s convenient for meAs I have always told [redacted] , “You can’t have it both ways!” In September I decided to revise our contracts to make everything more clearly understood by the authors I didn’t want to give anyone a reason to claim they were confused and didn’t understand what they were signingAll authors were notified by email giving them a day notice of the updates to the policies and proceduresAt that time, our current contracts had not been updated since 2011, so it was timeIn addition to that, there were other changes that were implemented such as going to quarters per year in This decision was made for many reasonsAll of our titles are automatically enrolled in a month book return program through our distributorsThis means if a bookstore orders copies of any of our titles, and the titles do not sell within a month period they can return them to our distribution center for a full refundThis is an awesome incentive for authors looking to get their titles into bookstores and the authors all love it, until they get returnsOn October 3, we received bookstore returns from several of our author’s titles (paperwork attached)The cost of the returns, which are considered unsold copies of these books, are charged back to me, and being that I have already paid the authors for these sales, I have to do a chargeback against their earningsWhen you look at this situation from this standpoint, it’s not so great anymoreSo by changing to only payouts a year, it can better help us to eliminate paying an author then having to do chargebacks if they receive returnsAlso, as per the contract I do have the right to withhold any royalties due to the author to satisfy any claims against the author or publisher as it related to their books Originally we were scheduled for three quarters in 2013: January – April 30th and May – August 31st and September 1, - December 31st Reports for period ending August 31st start processing September 15th and it takes a few weeks to process all of the reportsPrior to the reports completing processing, we received the book returns at which time we were preparing reports to pay authors that were due to be chargedback for their returnsThis required revisions to many of the reports to include the chargebacksThis entire process delayed the payout for this period, so in order to get back as close to on schedule as possible, I combined the two quartersMay – December 1st and did a payout in December [redacted] did not receive a payout because she had bookstore returns and a total claim was charged back against us in the amount of - $ [redacted] (also attached)This means I had to do a chargeback against her and I shipped her the books returned to us by UPS on January 14, Now, during this entire process, [redacted] was sending me harassing and threatening messages via email and text (all attached to this complaint)Once she received the returned books on January 17, she sent me a text stating: To: YOU From: [redacted] Date : 01/17/ 11:46:AM Lol u a funny *** But I got something that's gonna make u laugh moreU sent me a box of books?!?! Where the *** s my money?!?! To: YOU From: [redacted] Date : 01/17/ 12:08:PM U sent me now I'm coming uU don't do business like this [redacted] You're a disgrace the publishing industry I replied to [redacted] by email (attached) and attached her compensation report for the quarterI also stated that UPS had confirmed that she received her package containing the bookstore returns and our business with each other was now complete She repied: Naw, we aint done yet At this point I was thoroughly annoyed by [redacted] ’s behavior and had previously asked her not to text, email or call meAt this point she had already sent me as many as harassing and threatening text messagesAs many as in one day, minutes, even seconds apart from each otherSo I sent her a final email stating my intent to file a police report if she contacted on again (also attached) [redacted] has reached out to many of my clients claiming that I have stolen money from her and themAs you can see from her attached text messages to me, she has spearheaded a campaign to destroy my business and company nameAnd I don’t think it’s fair that anyone can come over to the Revdex.com and file a fraudulent complaint because they are upset with how I run my companyCompanies update policies and procedures all the timeAll that is required is a day written notice, which all of our authors were givenI am currently in the process of taking legal action against [redacted] for libel, slander, defamation of character and harassment I have faxed pages of supporting documentation to fax number 769-251-on 2/12/to the attention of Linda CloptonPlease let me know if you have not received all pagesIf any further documentation is needed, please feel free to let me know Thank you, [redacted] / CEO of Pink Kiss Publishing Company P.OBox Gautier, MS 228-366-/ Office 228-205-/ Fax [redacted] @pinkkisspublishing.com

Pink
Kiss Publishing Company’s Response to: Complaint ID [redacted] 13px;">Brought forth by complainant:
[redacted] Dear Revdex.com of Mississippi, Inc
[redacted] signed a
non-exclusive contract with my company, Pink Kiss Publishing Company to publish
her novel, [redacted] on 4/2/12,
not 4/2/as stated in the complaintShe purchased our Standard Publishing
PackageThe total publishing package cost was $ [redacted] which was made in payments
The final payment was made on 4/7/2012, at which time her book was entered into
the production scheduleAs stated on page of the Pink Kiss Publishing
Author Order Form (attached to this complaint) under services included with
our Standard publishing package, our turnaround time is usually
30-days depending on how much work is needThere is no
way we can make promises as to how long it will take to publish a book, because
until the manuscript has been reviewed by one of our editors, there is no way
of us knowing how much work the manuscript will require [redacted] ’s book was
written in several different narratives; 1st and 3rd
person, and also there was very limited dialogue between characters in the
manuscriptThis required extensive re-writes and revisions to her manuscript,
which [redacted] was notified of after the initial review of the manuscript
Also, on the Pink Kiss
Publishing Author Publishing Agreement (also attached), under Proof and
Timing it states:
Publisher
will make its reasonable effort to timely provide proof and final product to
Author; however, Publisher makes no other warranty as to the time in which it
will provide Author with proof or final productAuthor is not relying on
Publisher to produce proof or final products by any deadline and Author
expressly waives any potential claim related thereto
So
there is no breach of contractThere was never any issue brought forth to us
about the timing until I received this complaintIf there was a valid issue
with the publishing timing, it would have been addressed back in when the
book completed publishing, not months laterIn addition to that, [redacted] also signed an updated Author Publishing Agreement on 9/5/
(also attached), and there was still no complaint brought forth about the
publishing timeline of her book, so again, there was no breach of contract
Also, Pink
Kiss Publishing Company provides book publishing services only! We do not provide marketing and promotional services for
individual authors or titlesWhen we market and promote, we market and promote
our company as a whole, not by individual authors or titlesIt states on the Author Order Form that our author’s
books will be displayed at all Book Fairs, Expos, Festivals and
Conventions attended by Pink Kiss Publishing Company, but we have not attended
any book fairs, expos, festivals and/or conventions since [redacted] ’s book was
published, so again, there is no breach of contract.
[redacted] also states in her complaint that she was only sent
one (1) author compensation reportI have attached the emails showing when her
compensation reports were sent to her [redacted] was also informed that we do not
generate 1099s for any earnings that are under $***She was also informed that
her compensation reports could be used to report her earnings for the year
and
In reference to the desired settlement, there will be no refundsAs outlined in our contract,
we make it extremely easy for our authors to terminate their contracts with us
All is required is a letter in writing (as per the contract) giving us a day
notice stating their wish to terminateAs per our contract, our authors retain
the copyright to their workWhen they sign with us they only allow us print
rights until which time the contract is terminatedIf [redacted] really had a
valid issue with Pink Kiss Publishing Company, she would not have waited a
total of months to terminate her contractI have numerous emails to
substantiate that she was happy and satisfied with our services until she
decided to terminate on January 1,
I hope this clears up any confusionI have faxed pages of supporting documentation to fax number 769-251-on 2/11/to the attention of Linda CloptonPlease let me know if you have not received all pagesIf any further
documentation is needed, please feel free to let me know.
Thank you,
[redacted] / CEO of Pink Kiss Publishing Company
P.OBox
Gautier, MS
228-366-/ Office
228-205-/ Fax
[redacted] @pinkkisspublishing.com

Pink
Kiss Publishing Company’s Response to: Complaint ID ***
Brought forth by
complainant:
*** ***
Dear Revdex.com of Mississippi, Inc
*** *** signed a
non-exclusive contract to publish her poetry book, *** ** ** *** on 2/26/She purchased our Standard Publishing
package at a promotional price of $*** needed to make payment
arrangement in order to pay for her publishing packageShe understood that her
book would not complete publishing until her balance was paid in full***’s
book completed publishing, was uploaded for print and was available for order
mid-MayIn order to receive a compensation payout, an author’s books must have
completed one complete quarter to be eligible for a payout during the subsequent
accounting quarter***’s book was published mid-May, so in order for her to
receive a compensation payout during the September/October payout (the period
that was delayed due to bookstore returns), her book would have had to have been
published prior to May 1stAfter the September/October payout was
delayed, I decided to combine both quarters and do a payout in DecemberEveryone
who had earnings was included in the payout, whether they had worked the
qualifying period or notSince I wanted to pay out earnings as quickly as
possible, as the holidays were approaching, anyone who had a PayPal account was
paid immediately upon verification of their compensation reportI knew that
*** had at one time had a PayPal account because she ordered books through
it, but when asked about it she said she had closed her account and wanted to
be paid by paper checkThe process for paper check takes longer because all
paper checks were being sent out together at the same timeHowever, prior to
the checks being sent out *** terminated her contractWhich automatically
made her ineligible to receive any earnings at that time because once an author
terminates their contract; we hold their final royalty check for months to
make sure we don’t receive any bookstore returnsAll of this was explained to
*** in detailI have attached the emails to validate thisHad she done as
most of the other authors did, get paid first and cancel the contract
afterwards, she would have been paid the $*** that she was due
*** also did not understand that
we own any and all files created by usIf an author terminates their contract the
files remain property of the company (email of explanation to *** attached) I was really confused by ***’s wish to
terminate her contract because her book was doing quite well considering her
poetry book was priced at $*** and is less than pages in lengthI was
quite proud of her and frequently told her as muchHowever, the reason the
distributor told her that she didn’t have any sales is because he’s not
supposed to disclose any sales information to herDistributors work with the
publishers in their network, not the authorsHe cannot disclose to her
anything pertaining to my accounts, which also puts me in a bad position
because disgruntled authors are calling around all over the country trying to
get sales data that they have already been given documented on their author
compensation reportsAuthors do not understand that nobody is trying to cheat
them out of any book sales! In this industry you’re going to have to trust
someoneIt applies to me also; I have to trust that my distributors,
retailers, wholesalers and printers are the true professional and know that
they are reporting accurate data to me
An additional pages of supporting documentation was faxed to 769-251-to the attention of Linda Clopton on 2-12-I hope this clears up
any confusionIf any further documentation is needed, please feel free to let
me know
Thank you,
*** ** *** / CEO of Pink Kiss Publishing Company
P.OBox
Gautier, MS
228-366-/ Office
228-205-/ Fax
***@pinkkisspublishing.com

Pink
Kiss Publishing Company’s Response to: Complaint ID [redacted]
Brought forth by...

complainant:
[redacted]
[redacted]
[redacted]
Dear Revdex.com of
Mississippi, Inc.
[redacted] aka [redacted]
signed a non-exclusive contract to publish her book, [redacted] on 7/25/2012. She purchased our Basic Publishing Package
for $[redacted]. The services included with this package are listed underneath the
package located on page 2 of the Author Order Form. Authors pay us a fee to
publish their title(s) under our company. The package cost does not go to the
publisher or the company; it goes towards payment for the services needed to
get their books in print, i.e., graphic designer, typesetter, ISBN, distribution
channels, editing, etc. On page 1 of the original publishing agreement signed
by [redacted], second column, bottom of the paragraph it states:
Author acknowledges that any and all art or electronic files created, in
part or whole by Publisher remain the property of the Publisher and may not be
used by Author without express written consent of Publisher.
 [redacted] made claims that this was not
included in the original contract but I have attached the original contract to
this document for verification purposes. Prior to [redacted] signing on with us
we had numerous phone meetings and messages by email in which we discussed
everything that we do in detail. When we began publishing for other authors in
2011, e-book formatting was not included with our packages; however, some
authors wanted e-book publishing so we added it as part of our services for
authors wishing to have their books available in e-book. It is true that it was
not spelled out on the contract, but any author wanting e-book formatting was
notified by email of the terms prior to the e-book being formatted. In the
email dated August 28, 2012 (attached to this complaint), prior to her book
even being formatted for e-book, it clearly shows that [redacted] was aware of
the 50/50 split of the e-book profits. She never once said she didn’t agree
with it. She never once said “I don’t think that’s fair, so don’t put my book
on e-book”. She also never requested or mentioned a refund due to this
information. This was her decision to place her title on e-book knowing the
terms. But let’s just give her the benefit of the doubt and say she still didn’t
get it. In an email dated October 8, 2012 (also attached) again it reiterates
that Amazon Kindle gets 30% and we split the remaining 70%, Barnes & Noble
Nook gets 35% and we split the remaining 65%. Still, she didn’t have a problem
with it. She only had a problem with it on April 7, 2013 when she called me
claiming she didn’t know. At that time I resent her all previous emails
pertaining to our discussions about e-book royalties. Her reply was (original
email attached):
 -----Original
Message-----
From:
[redacted] MS [mailto:[redacted]@yahoo.com]
Sent: Wednesday, August
07, 2013 5:30 PM
To: [redacted]@pinkkisspublishing.com
Subject:
Thanks for sharing these
emails. This was information explained after the contract was signed. These
were questions that I should have asked before signing the contract not
afterward to have better clarification. Im usually much better with business
than this. As I stated earlier this is a learning experience I will just have
to take this as a lost & move forward knowing better next time.
Sent from ** iPhone=
However, at no time did she ever
mention that she wanted the e-books removed. On 
November 7, I received a Demand Letter (also attached) to which I replied
(also attached). At this point, I’m still confused by this complaint. Did she
think we weren’t entitled to a portion of e-book earnings? Because I don’t know
any company that will prepare, upload and maintain an accurate accounting of
e-book files without earning any of the profit. This makes no sense. Even after
[redacted] terminated her contract, and requested to buy out her files she still
insisted that I keep all files up until she was prepared to re-upload her files
under her company name. That doesn’t sound like someone who is unhappy about
our publishing company receiving 50% of her e-book sales. Like most people, if
I am unhappy with a service I want it removed immediately; not when it’s
convenient for me. As I have always told [redacted], “You can’t have it both
ways!”
In September 2013 I decided to
revise our contracts to make everything more clearly understood by the authors.
I didn’t want to give anyone a reason to claim they were confused and didn’t
understand what they were signing. All authors were notified by email giving
them a 30 day notice of the updates to the policies and procedures. At that
time, our current contracts had not been updated since 2011, so it was time. In
addition to that, there were other changes that were implemented such as going
to 2 quarters per year in 2014. This decision was made for many reasons. All of
our titles are automatically enrolled in a 12 month book return program through
our distributors. This means if a bookstore orders copies of any of our titles,
and the titles do not sell within a 12 month period they can return them to our
distribution center for a full refund. This is an awesome incentive for authors
looking to get their titles into bookstores and the authors all love it, until
they get returns. On October 3, 2013 we received 85 bookstore returns from
several of our author’s titles (paperwork attached). The cost of the returns,
which are considered unsold copies of these books, are charged back to me, and
being that I have already paid the authors for these sales, I have to do a
chargeback against their earnings. When you look at this situation from this
standpoint, it’s not so great anymore. So by changing to only 2 payouts a year,
it can better help us to eliminate paying an author then having to do
chargebacks if they receive returns. Also, as per the contract I do have the
right to withhold any royalties due to the author to satisfy any claims against
the author or publisher as it related to their books.
Originally we were scheduled for
three quarters in 2013: January 1 – April 30th and May 1 – August 31st
and September 1, - December 31st.  Reports for period ending August 31st
start processing September 15th and it takes a few weeks to process
all of the reports. Prior to the reports completing processing, we received the
85 book returns at which time we were preparing reports to pay authors that
were due to be chargedback for their returns. This required revisions to many
of the reports to include the chargebacks. This entire process delayed the
payout for this period, so in order to get back as close to on schedule as
possible, I combined the two quarters. May 1 – December 1st and did
a payout in December. [redacted] did not receive a payout because she had 30
bookstore returns and a total claim was charged back against us in the amount
of - $[redacted] (also attached). This means I had to do a chargeback against her
and I shipped her the 30 books returned to us by UPS on January 14, 2014. Now,
during this entire process, [redacted] was sending me harassing and threatening messages
via email and text (all attached to this complaint). Once she received the returned
books on January 17, 2014 she sent me a text stating:
To: YOU
From: [redacted]
Date : 01/17/2014
11:46:48 AM
Lol u a funny [redacted].
But I got something that's gonna make u laugh more. U sent me a box of
books?!?! Where the [redacted]  s my money?!?!
 
To: YOU
From: [redacted]
Date : 01/17/2014
12:08:04 PM
U sent 4 me now I'm
coming 4 u. U don't do business like this [redacted]. You're a disgrace 2 the
publishing industry.
I replied to [redacted] by email
(attached) and attached her compensation report for the quarter. I also stated that
UPS had confirmed that she received her package containing the 30 bookstore
returns and our business with each other was now complete.
She repied:
Naw,
we aint done yet…
At this point I was thoroughly annoyed
by [redacted]’s behavior and had previously asked her not to text, email or call
me. At this point she had already sent me as many as 29 harassing and threatening
text messages. As many as 23 in one day, minutes, even seconds apart from each
other. So I sent her a final email stating my intent to file a police report if
she contacted on again (also attached).
[redacted] has reached out to many of my clients claiming that
I have stolen money from her and them. As you can see from her attached text
messages to me, she has spearheaded a campaign to destroy my business and
company name. And I don’t think it’s fair that anyone can come over to the Revdex.com
and file a fraudulent complaint because they are upset with how I run my
company. Companies update policies and procedures all the time. All that is
required is a 30 day written notice, which all of our authors were given. I am
currently in the process of taking legal action against [redacted] for libel,
slander, defamation of character and harassment.
I have faxed 35 pages of supporting documentation to fax number 769-251-1054 on 2/12/2014 to the attention of Linda Clopton. Please let me know if you have not received all 35 pages. If any further documentation is needed, please feel free to
let me know.
 
Thank you,
[redacted] / CEO of Pink Kiss Publishing Company
P.O. Box 744
Gautier, MS. 39553
228-366-6829 / Office
228-205-3610 / Fax
[redacted]@pinkkisspublishing.com