http://www.tunecore.com
We published our two EP's just now . . .
READ the fineprint though . .
WARRANT AND AFFIRMATION OF AGE
I warrant, represent and affirm I am over eighteen (18) years of age.
1. GRANT OF RIGHTS.
Without limiting the generality of the foregoing, the rights granted shall include sale of permanent downloads, temporary downloads, interactive streaming (both tethered and non-tethered) and non-interactive streaming (both promotional and fee based). Specific rights may be more fully described on the attached fee schedule. YOU AND COMPANY AGREE THAT ITUNES (OR ANY OTHER APPLE AFFILIATE) ARE PRE-APPROVED BY YOU HEREUNDER. COMPANY'S DISTRIBUTION OF YOUR MATERIALS THROUGH ANY OTHER ENTITIES SHALL BE SUBJECT TO YOUR PRIOR APPROVAL. PHYSICAL DISTRIBUTION OF MUSIC VIA TRADITIONAL PRE-MANUFACTURED SOUND CARRIERS, SUCH AS VINYL RECORDS, CASSETTES, CD'S AND DVD'S, IS NOT GRANTED TO COMPANY OR OTHERWISE AFFECTED BY THIS AGREEMENT.
By clicking the "I Agree" button, you ("you") irrevocably grant to Company, throughout the world and during the Term (as defined below), the non-exclusive right:
(a) to sell, copy, distribute and otherwise exploit the "Recordings" (defined below) by all digital means and media (whether now known or existing in the future) through the any and all digital Internet consumer stores (e.g., "iTunes" and "Rhapsody") now operational or hereafter available;
(b) to collect all income deriving therefrom; and
(c) use the name(s), photographs and likenesses, artwork images, biographical and other information provided by you or the artists whose performances are embodied on the Recordings in connection with the Recordings and Company's general business.
2. RECORDINGS.
The "Recordings" are the sound recordings and video recordings that you submit to Company as well as any other recordings that you choose to add hereafter by giving Company notice. Company reserves the right to reject any Recording(s), artwork or other material you submit. You agree to submit all Recordings and artwork, at your sole expense, in the format(s) required by the various consumer licensee's of Company. Technical descriptions of such format(s) are set forth in Exhibit A attached hereto.
3. PAYMENTS.
(a) Company will pay you one hundred percent (100%) of "Net Income" (as defined in paragraph 3(b) below). Net Income will be posted to your TuneCore account within 15 days after Company's receipt thereof. Once payment has been credited to your account, you will be able to withdraw all or any portion at your discretion. You will be responsible for any bank fees or other charges related to such withdrawals.
(b) "Net Income" means Company's actual receipts from providers related to the sale of the Recording. Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than one year after the date the statement is rendered, and you hereby waive any longer statute of limitations that may be permitted by law.
(c) To the extent that you owe any amounts to Company as a consequence of this agreement, Company shall have the right to deduct all or a portion of such amounts from any Net Income otherwise then payable to you.
4. THIRD PARTY OBLIGATIONS.
You shall be solely responsible for securing and paying for digital phonorecord delivery (DPD), mechanical and any other licenses required from musical composition copyright owners (or their agents) in connection with Company's exploitation of rights hereunder, royalties due to artists, producers and other persons who performed in the making of the Recordings and all payments that may be required under collective bargaining agreements. Outside of the United States, Company customarily requires the digital music service providers (DMSP's) to secure and pay for music publishing licenses (and such license fees may or may not be deducted by the DMSP concerned from the proceeds payable to Company). If with respect to any DMSP outside of the United States Company is not able to do so, Company shall have the right, at its option, to either (i) decline to license such DMSP, or (ii) assume the responsibility to clear and pay for the music publishing licenses required in connection with such DMSP's sales, which license fees Company shall have the right to deduct from royalties payable to you hereunder. To the extent Company is required, or elects (in its sole discretion), to pay any of the foregoing amounts, such payments will be deducted from any royalties otherwise due to you in connection with paragraph 3 above.
5. WARRANTIES; REPRESENTATIONS; INDEMNITIES.
You warrant and represent that you have the right and authority to enter into this agreement and to grant to Company all rights specified; all of the Recordings, including any sampled third party material embodied therein, artwork, metadata, videos and any other materials furnished by you to Company or relating to the Recordings are owned or controlled by you and shall not infringe on the copyrights or other rights of any person or entity; and that Company shall have the right to exploit same in all manner hereunder free from adverse claim and without any obligation to make any payment of any nature to any person or entity, other than the royalties due to you described in paragraph 3 above. You shall defend and indemnify Company (including its directors, members, officers, employees and other representatives) against any third party claims or expenses and losses resulting from breach, or a claim which if true would constitute a breach of your warranties, including reasonable attorneys' fees and litigation expenses. Company shall give you prompt notice of any claim and you shall defend Company at your expense with counsel approved by Company (which approval shall not be unreasonably withheld). If a claim is made Company shall have the right to withhold payment of royalties hereunder in an amount reasonably related to the claim and potential expenses. Any settlement shall be subject to Company's prior written approval.
6. COMPAY FEES.
In consideration of the services rendered hereunder, you shall pay to Company the fees described on the attached Fee Schedule, which may be amended from time to time by Company upon at least thirty (30) days written notice to you.
7. TERM.
The Term of this agreement shall be for a period of six (6) months commencing on the date hereof. Unless you notify Company via written notice of your desire to terminate the Term thereafter, the Term shall automatically be renewed on a month-to-month basis thereafter. In the event of any such notice of termination, Company shall have ten (10) business days to notify all digital internet consumer stores to pull your Recordings off of their sites and applicable services.
8. CONFIDENTIALITY.
The parties acknowledge and agree that in the course of negotiating and transacting business under this agreement each party may become aware of certain otherwise confidential information related to the other's business and business practices. Except to the extent that such information is otherwise generally available to third parties or is required to be divulged by operation of law, the parties agree to keep such information confidential.
9. OTHER AGREEMENTS.
You acknowledge that in providing the services and payments hereunder, Company will be required to enter into certain sublicensing agreements with various consumer outlets. You agree that the terms of this agreement shall be subject to any applicable terms and conditions of the agreements Company enters into with respect to such sublicensees.
10. MISCELLANEOUS.
(a) Company cannot guarantee exploitation of the Recordings, which will depend on consumer preference. Company may assign its rights under this agreement in whole or in part. You shall notify Company if you assign this agreement. This agreement does not create a partnership or joint venture. This agreement constitutes the entire agreement between you and Company pertaining to its subject matter and may not be changed, waived, discharged or terminated except by an instrument in writing signed by you and Company.
(b) Neither party shall be deemed in breach of this agreement unless the other party has given the breaching party notice, and the breaching party has failed to cure such breach within 30 days after receipt of such notice. In no event shall any breach entitle either party to rescind the rights granted hereunder, but rather the aggrieved party shall only be entitled to damages reasonably related to the breach concerned and no penalty shall be awarded to either party.
(c) This agreement shall be governed by the laws of the State of New York which apply to agreements entered into and wholly performed in the State of New York and the parties hereby grant to the U.S. District Court for the Southern District of New York, or the Supreme Court of the State of New York, New York County, exclusive jurisdiction to hear any disputes arising therefrom.
(d) You acknowledge that you have read and understand Company's Privacy Policy as more fully described on Company's website, and by signing this agreement have accepted the terms and conditions therein, as same may be amended from time to time.
(e) It is Customer's responsibility to deliver all necessary information, metadata, songs, graphic files or any other information or music in any required specifications. Customer acknowledges that Company will not be obligated to furnish its services hereunder until receipt of said materials.
(f) Customer authorizes TuneCore to perform and make thirty (30) second clips of the Customer Content available by streaming or download ("Clips") to promote the band, artist and/or sale of applicable Recordings free of charge. Said thirty (30) second clips may be created by TuneCore or any third party affiliated with TuneCore by using any consecutive thirty (30) seconds of the applicable Customer Content.
FEE SCHEDULE
as of January 22, 2006
ONE TIME FEES:
$0.99 (ninety nine cents) per song
All song(s) must be associated with an album--even if it is just one song
To add any additional digital Internet consumer stores beyond the Apple / iTunes U.S. store (i.e. Rhapsody, iTunes Canada, iTunes Japan, Music Net, Sony Connect, etc.), $0.99 (ninety nine cents) per additional digital Internet consumer store per album
In the event customer would like their content removed prior to six months from when it first became available in the digital Internet consumer store(s), $20.00 (twenty dollars) early termination fee per request per album
All fees must be paid prior to company delivery of any material to third parties.
ANNUAL FEES:
$7.98 per album
