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MUSIC DISTRIBUTION AGREEMENT

MUSIC DISTRIBUTION AGREEMENT

READ THE FOLLOWING AGREEMENT digital distribution ( "Agreement") AND THE TERMS AND CONDITIONS BEFORE USING THIS WEBSITE. All users of this site that have contemplated sale, advertising, promotion and distribution of audio and video through this website, or through third parties (such as Youtube and other services streaming audio and video) are of agree that access to and use of this site is subject to the following terms and conditions and other legally applicable laws.

 

ERDMusic© Discos Entre Rios©  ErMusicTV© available to artists, record labels, production companies, home recording and editing rooms, members, users and the public, your website ErMusicTV created to fulfill the mission and objectives of promoting independent music industry and  support and bring together artists and fans in a dynamic and user - friendly site, multi-platform adaptable to all types of fixed and mobile devices, with a viral potential of advertising campaigns very big. 

We want to let you use our Site and you can make the most of it, besides promote and distribute your videos, including links, posts and links to online shopping, social networking and other means to sell and listen to music, sell tickets, CD , DVD, merchandising and other content.

DEALING

These are the basic points of the agreement if you, artist or record label, decide to distribute your music, videos and content with  ERD Music© Discos Entre Rios© ErMusicTV©: 
  • Term: 1 year period with automatic renewal for additional periods of one (1) year, of which you can cancel at any time by notice thirty (30) days in writing via mail.
  • Nonexclusive.
  • Territory: The territories are determined according to each artist and campaign. You can select from the following territories: World, or specifically US, Canada, Mexico, Brazil, Latin America, Europe. Japan, China, Korea and Asia. India. Australia / New Zealand, Pacific Islands and Oceania. 
  • Type of service: The choice is yours: the digital distribution of publications on platforms like Youtube content (for videos) or links to music stores, own, web pages artist, even the most usual as iTunes, eMusic, or streaming services like Spotify, Music Box, MySpace Music, etc to any new supported platform arising or existing digital evolution.
  • Ownership: You own all your recordings, publications and content. It implies that they are not plagiarized, covers or full or partial copies of creations of others. The covers or versions require express written approval of the holders of the original rights of the works. To your original works, you register them before starting. Remember that you are responsible for your publications.
  • Distribution for digital distribution: 85% of the income received by sales platforms contracted for you  (eg iTunes, eMusic) is for you.
  • In the case of YouTube, Rdio and Grooveshark, will receive 70% of royalties. digital distribution in all other stores 75% of earned income are yours.
  • Accounting: Monthly. Read and observe terms of services, computing and statistics form and conditions and legal notices before using them.

The detailed agreement:

  1. Services:  ERD Music © Discos Entre Rios © ErMusicTV © seek to distribute nonexclusive and sell certain recordings, productions and original content posted, uploaded and / or shared by you during the Term (collectively referred to as the "Master") to through the Internet ( "Services") in a variety of formats on web pages (hereinafter "web Site") and through other online stores authorized and pre-approved third parties ( "stores third") that they may or may not be bound by link.  
  2. The Term: The term of this Agreement shall be one (1) year from the date specified above and an additional (1) year will renew automatically unless interrupted by express written request by either party ninety (90) days before the end of the current period at the time. For purposes of this Agreement, the term ( "Term") is defined as the initial one (1) year, plus automatic renewal periods.
  3. Territory: The territory of this Agreement is determined by album. The following areas are available for album: World, North America, South America, Europe, Japan, Australia / New Zealand.
  4. Transfer of property rights: During the period, the owner gives the non - exclusive rights to sales platform or in its case to  ERD Music© Discos Entre Rios© ErMusicTV©:
    1. To distribute digitally, selling, advertising, public performance and broadcast via broadcast throughout the territory of the Masters, in all forms of digital transmission or electronic now known or hereafter developed.
    2. To transmit, distribute, license and exploit the Masters through digital downloads, streaming Internet to consumers during the period.
    3. The right to broadcast via stream or broadcast every Master of any duration ( "Advance Clips") on a free basis for the purpose of encouraging users to download the Masters. The Owner agrees that to the extent that the owner controls or manages the rights of any underlying musical composition incorporated in the Masters, no royalties or payments in respect thereof shall accrue or be paid on stream of such advances Free Clips. To avoid any doubt, Clip Previews are available on the website or any third party website to allow consumers to listen Previews Clips but not download them.
    4. The non-exclusive right to use in the Territory law, approved name, image and biography approved album artwork, letters and notes of each artist whose performance is included in that Master regarding the advertising, promotion or sale Master in all configurations.
    5. ERD Music© Discos Entre Rios© ErMusicTV© can not edit, mix, sequence or alter any Master delivered by the owner to  ERD Music© Discos Entre Rios© ErMusicTV© in any way.    
    6. All rights not specifically granted to  ERD Music© Discos Entre Rios© ErMusicTV© here, they are reserved expressly and irrevocably by the owner.  
    7. To avoid any doubt, and without limiting the rights granted to  ERD Music © Discos de Entre Rios© ErMusicTV© by the Owner herein, it is understood and agreed that  ERDMusic© Discos de Entre Rios© ErMusicTV© will be authorized to: i. Participate in the digital distribution of the Masters, including but not limited to the Web ( "Direct Distribution"); and ii. Masters make available for digital distribution through third parties, including, by way of example only, iTunes, Google Play, Amazon and other stores Music approved by the owner.    
    8. The owner shall not grant and has not granted any rights to third parties in the Territory that is inconsistent with the rights granted to  ERD Music© Discos Entre Rios© ErMusicTV©. 
  5. Income: In consideration of the agreements the owner with music stores, and conditional on the full and faithful performance own all terms and conditions thereof of the owners of this store will receive the following:
    1. An amount equal to eighty-five (85%) percent of net income amount (as defined herein), received on account of any sale of the Masters through third-party stores ( "Income for Third Party Owner") . As for YouTube, this amount will be seventy (70%) of Net Sales Revenue.
    2. An amount equal to eighty-five (85%) percent of the gross income received amount (as defined herein) on account of any sale of the Masters via Direct Distribution (ie: "Web Site") ( "Income by owner direct distribution ").
    3. "Gross income" shall mean that as all the funds actually received  and invoiced by the / s store / s online contracted for the digital distribution of music  in relation to the sale, license or exploitation of Masters in this document.
    4. Net income shall be understood as all sums actually received in connection with the sale, license or exploitation of Masters below ( "gross income"), less any and all costs in good faith and fees incurred in connection with the Third Party distribution of  the / s store / s that the owner hired , including but not limited to fees coding, processing fees for transactions, sales taxes applicable public performance and fees of scale or union ( if applied).
    5. Net income will be the owner and will be solely responsible for payment of any publication, the mechanical rights and any payments to third parties due to any other participant rights associated with the Masters.
    6. Gross Income will be the owner and will be solely responsible for payment of any publication, mechanical rights and any payments to third parties due to any other participant rights associated with the Masters.
  6. Payments, Accounting and Auditing Rights: accounting to pay Owner net income and / or Brutes are performed each platform, as follows:
    1. On a monthly basis, five (5) days after the end of each calendar month. Such accounts shall include duly Owner gross and net income (including direct and third party distribution) specified.
    2. Check how make payments online store sales, royalties or income accrued through the account of receipts and payments in this Owner/s platform/s.
    3. All payments are made in original currencies where the sale took place. Currencies that work include USD, CAD, Euro, Yen, Brazilian Real, British Pound, Mexican Peso, etc.
    4. The Owner shall have the right to audit the books and records of the online store to verify the accuracy of the statements, once with respect to any statement, once a year, at the expense of the owner, in the place where he keeps such records during normal business hours online store and in at least thirty (30) days in advance. Any objection regarding any financial statement or any claims derived therefrom, must be done (and any lawsuit initiated) not later than one (1) year after the date on which the judgment was delivered and that the owner present a waiver of any statute of limitations permitted by law.
  7. Representations and Warranties
    1. The Owner represents and warrants that: (i) you own the Masters; (ii) has the right to accept this agreement and carry out all its obligations thereof; and (iii) no Masters, arts, metadata or any other materials provided by the Owner  ERD Music© Discos de Entre Rios©  ErMusicTV© to be, completely or partly violate any other material, any violation or infringement common law or statutory rights of any person, firm or corporation, including, without limitation, contractual rights, copyright and privacy rights.
    2. The owner agrees to indemnify, defend and hold ERD Music© Discos de Entre Rios© ErMusicTV©, from and against any and all losses, costs and expenses arising from any breach or alleged breach by the owner of its representations, warranties, agreements or commitments in accordance with this Agreement. 
    3. Owner agree to be bound by the Terms of Use, Privacy Policy, and other related agreements located on the Website, because they are modified or updated from time to time on the same Web site, with regard to content and materials provided by the owner, including electronic messages and interaction with the general public through the website.
    4. ERD Music© Discos Entre Rios© ErMusicTV© represent and warrant that you have the right to accept this agreement and carry out all of your obligations hereunder. 
    5. The  owner may claim from and against any and all losses, costs and expenses arising out of any breach of the representations, warranties, covenants, agreements or commitments ERD Music© Discos Entre Rios© ErMusicTV© under this Agreement, provided as long as the total liability shall not exceed the amounts received by  ERD Music© Discos Entre Rios© ErMusicTV© with respect to the underlying transaction that gave rise to the infringement.  
    6. Notwithstanding the foregoing, ERD Music© Discos Entre Rios© ErMusicTV© have the unilateral right to remove any content, materials or Masters of the website which it considers violate the Terms of Use, Privacy agreement or terms and conditions this agreement. 
  8. Various
    1. The parties agree and acknowledge that the relationship between the parties is that of independent contractors. It is not considered that this agreement to create a partnership or joint venture, and neither party is the agent of the other, partner, employee or representative.
    2. ERD Music© Discos Entre Rios© ErMusicTV © have the right to assign this Agreement to any affiliate or successor ERD Music© Discos de Entre Rios© ErMusicTV©. The Owner acknowledges and agrees that neither this Agreement or any right or interest can then be assigned or transferred by the owner without the express written consent of  ERD Music© Discos Entre Rios© ErMusicTV©. 
    3. The Owner acknowledges that it has been informed to seek independent legal and business advice with respect to this Agreement and that the owner has requested and obtained such advice or has deliberately refrained from doing so.
Complete the fields Application ERD © Discos Music Entre Rios © as partner and sponsor
RETURNS TO Complete this FormBy selecting  ACCEPT  YOU AGREE TO THIS DIGITAL DISTRIBUTION AGREEMENT  ERD Music © Discos Entre Rios © UNDER THE TERMS AND CONDITIONS STATED ABOVE. 

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