Songfisher Digital Retail Sales Contract
- Authorization: You hereby appoint us as your authorized representative for the sale and other distribution of Your Authorized Content as provided herein. Accordingly, you hereby grant to us the non-exclusive right, during the Term and throughout the Territory, to:
- Reproduce and convert Your Authorized Content into Digital Masters;
- Perform and make available for promotional purposes, portions of Your Authorized Content (“Clips”) by “streaming” to promote the license, sale and distribution of Digital Masters;
- Promote, sell, and deliver Digital Masters, as individual tracks or entire albums, and associated metadata to purchasers who may use such Digital Masters in accordance with usage rules agreed by us;
- Display and electronically fulfill and deliver Authorized Artwork used in connection with the Your Authorized Content in conjunction with the applicable Digital Master.
- Term: The Term of our Contract shall commence on the Effective Date and shall continue unless and until terminated by either party upon no less than thirty (30) days notice to the other party.
- Payments to You:
- The price of each track/album should be specified by artist. Artist will get 70% of the SALES of track/album. If a track is sold for 1 euro, then the artist will get 70 cents. We try to make our transaction as transparent as possible. We will take care of the expenses of Paypal commission, tax and other related expenses. The yearly hosting fee 7 euro will be charged per album, which will be subtracted from the annual sales. Otherwise, there is no setup cost for artist.
- The payment to the artist will be made through Paypal. Paypal is the easiest and fastest wireless transfer service online. Since Songfisher is a web-based organization to deal with the international artists, we selected Paypal as our best solution. We adopt Euro exclusively as the currency for the payment to the artists, as well as our sales on the website. Once you receive payments through your paypal account, it is easy to convert in your own currency.
- The sales will be posted in March and September. The payment process will start after each account closure. If the total payment to you is less than 50 euro, it will be carried over to the next payment.
- Your Obligations: You shall obtain and pay for any and all clearances and licenses as may be required in the Territory or any portion thereof for uses of Your Authorized Content, and Authorized Artwork and metadata. Specifically, you shall be responsible for and shall pay (i) any royalties and other sums due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants from sales or other uses of Digital Masters, (ii) any other royalties, fees and/or sums payable with respect to Your Authorized Content, and Authorized Artwork, metadata and other materials provided by you to us.
- Rights to Withdraw Material: You shall have the right at any time to withdraw further authorization for the sale or other uses of Your Authorized Content and Authorized Artwork. Promptly following our receipt of your notice to us, we will execute the withdrawal process of your digital contents.
- Ownership: Subject to our rights, all right, title and interest in and to (i) Your Authorized Content and Authorized Artwork, (ii) the Digital Masters, (iii) the Clips, (iv) all copyrights and equivalent rights embodied therein, and (v) all materials furnished by you, shall be and remain your property.
- Indemnification: If we receive a claim that the use of Your Authorized Content or Authorized Artwork or any other materials provided or authorized by you is in violation of any third party rights, you agree to fully indemnify and hold us harmless, and upon our request, defend us and our Licensees and affiliates from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys' fees and costs) concerning any such claim.
- Certain Definitions: The following capitalized terms shall have the following meanings for purposes of this Contract:
- “Authorized Artwork” means album cover artwork and any other artwork relating to Your Authorized Content that you provide to us. All such artwork shall be deemed to have been cleared by you for all purposes unless you shall have provided us with written notice to the contrary.
- “Authorized Territory” means the Universe or such other more limited territories as you shall elect as provided in the registration process.
- “Digital Master” or “Digital Masters” means a copy or copies of Your Authorized Content in digital form.
- “Your Authorized Content” means sound recordings and underlying musical compositions that you have designated for digital distribution by us. Any such sound recordings and the underlying musical compositions must be owned or controlled by you and/or have been cleared by you for all purposes and rights granted and authorized hereunder by you.