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MUSIC FANS:
Support your favorite band! If you like what you hear, let
the artists know about it by picking up some of their music and
downloading their ring tones. |
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BANDS / ARTISTS:
Our contract is simple and NON-EXCLUSIVE.
Provide MP3s and ring tones to your current fans while gaining
global exposure through our built-in audience of rabid music fans. |
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RECORD LABELS:
Expose your artists to our audience. You keep all music and
publishing rights while we provide digital MP3 distribution, ring
tones and global exposure to your label and your artists. |
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NON EXCLUSIVE RECORDING AND DIGITAL DISTRIBUTION AGREEMENT
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This agreement is dated July 1, 2007. This agreement is between: You as an individual artist or artists, “Artist”
(All references to Artist in this agreement shall refer to “Artist” and or “Artists,” “You” and or “Your”) and
Zoomoozik, LLC of 3344 Goodman Road, Southaven, MS 38672 (“Zoomoozik”).
Zoomoozik agrees:
1. To accept you as an artist to the Zoomoozik.com digital
record label.
2. That this agreement is non-exclusive.
3. To release you as an artist from this agreement, no questions asked with a 30 day written notice. The notice must
be sent to the address above by Fed Ex or registered mail.
4. To receive and collect all income derived from the Master Recordings that are the subject of this agreement.
5. To pay to you per Schedule A below for the sale of your Master Recordings.
6. To pay you on the 23rd of the fourth calendar month following the month that you earned the revenue.
The phone companies take 90 days to pay us and we need another month to make sure that the accounting is correct.
The four month lag time will be consistent so that after the first four month lag time, each subsequent month you
will be paid on the 23rd with a four month lag. Payments will be sent on the 23rd or the
closest banking day to the 23rdof the month. Zoomoozik will pay you via check or PayPal. You must make a
selection via your artist’s profile, or we will assume you want to be paid via PayPal. If you choose PayPal and if
you earn less than $10.00, then Zoomoozik will keep the funds in your account until such time as you have earned
$10.00 or more. If you choose to be paid via check and if you have earned less than $20.00, then Zoomoozik will keep
the funds in your account until such time as you have earned $20.00 or more. Zoomoozik will allow you to assign your
benefits provided that you notify us in writing and it is not detrimental to Zoomoozik.
7. Agree to notify you by email if any of the terms or conditions of this agreement should change. If for any reason
at that time you are dissatisfied with the change, you may send in the 30 day notice and terminate the
agreement.
8. To utilize the resources of Zoomoozik to assist you in your career through the use of the ZooQueue and other
tools on the Zoomoozik web site. Specific service levels are outlined in Schedule B.
9. To not distribute the product in any other formats other than the digital format.
You as the artist(s) agrees:
1. Grant to Zoomoozik a non-exclusive license to distribute your music throughout the Territory (as hereinafter defined) and to convert the Artist Master Recordings (as hereinafter defined) into suitable Digital Masters from which Zoomoozik will have the specific rights to distribute, market, promote, and sell these products.
2. The term of the license is one (1) year from the date of this agreement. The license will automatically renew unless cancelled by either party in writing.
3. To allow Zoomoozik to copy, distribute, perform, broadcast, promote, transmit, advertise, and sell the same Digital Masters on the Zoomoozik digital platform and in formats deemed suitable by Zoomoozik to continue to distribute the Digital Masters on the Zoomoozik platforms.
4. To allow Zoomoozik to distribute and sell the Digital Masters a la carte, compiled with other products owned by you or in conjunction with other products owned by others. If formats are designed in the future, Zoomoozik has the rights to produce and distribute the Digital Masters in these new formats. Zoomoozik has the rights to distribute audio and visual impressions for consumers by any digital or analog delivery system currently available or that may be available in the future.
5. To appoint Zoomoozik the sole exclusive rights to set the prices to the End Users for the purchase of the Digital Masters.
6. To permit Zoomoozik and/or its appointed licensees the use of your names, likenesses, and all rights to your music and the embodied performances contained therein for publicity and advertising and non-exclusive rights to your biography.
7. To permit Zoomoozik use of the management information embodied in the Master Recordings.
8. To allow Zoomoozik use of the Master Recordings and artwork, bios, and all other material as may be necessary or desirable for Zoomoozik to fulfill its rights under this agreement.
9. To permit and authorize Zoomoozik appointed Licensees to carry out and to perform those activities referred to above so licensed to Zoomoozik.
10. That you specifically opt in to receiving notices from Zoomoozik. These notices can
be delivered via email, postal mail and other media and will contain news items, press
releases, information on new services and features offered by Zoomoozik, and other
items.
11. That upon the termination of this agreement, Zoomoozik is given the rights to market the fact that the Artist was a Zoomoozik artist.
12. That you are eighteen years of age or older.
13. That you are the rightful owner of and in the Master Recordings and all artwork submitted by you to Zoomoozik and nothing contained in the Master Recordings and all artwork shall infringe the copyright or any other rights of any third party.
14. That the Master Recordings do not contain any obscene or defamatory material.
15. That you are responsible for payments of licensing fees to all artists, lyricists, songwriters, and producers or otherwise contributing in the creation of the Master Recordings that all payments made to you are “inclusive” of all artist and producer royalties that may be required to be paid under applicable laws of any jurisdiction. You further agree to be solely responsible for any payment to any other beneficiaries who may have a copyright interest through the use and sale of the Master Recordings herein including but not limited to any composers, lyricists, publishers whether paid via performing and mechanical collection societies or otherwise.
16. That you are responsible for all taxes due or becoming due in respect of payments made to you.
17. That you will not incur any expenses of any type upon Zoomoozik nor pledge the credit of Zoomoozik.
18. That nothing in this agreement constitutes a partnership.
19. You agree to indemnify Zoomoozik and all of its employees, assigns, etc. against all litigation, claims, and liabilities arising out of your warranties and representations. If a claim is made against any of your Master Recordings, Zoomoozik will notify you. All funds due to you at that time will be held in escrow until such time as the claim against the Digital Masters is resolved. If a claim is made against Zoomoozik in regards to your Master Recordings, you agree to reimburse Zoomoozik for all reasonable attorney fees and costs associated with those claims. If a judgment is made against Zoomoozik from a claim against your Master Recordings, then Zoomoozik may deduct the amount of the judgment plus reasonable attorney fees from any and all royalties, or other payments theretofore and thereafter payable to the artist by Zoomoozik under this Agreement. The Artist further agrees that in the case of a claim against Zoomoozik against the use of the Digital Masters, that Zoomoozik will defend this claim and that if the Artist chooses to hire an attorney at their sole cost and expense, that the Zoomoozik attorney will be the lead attorney and that your legal counsel will agree in writing to work with Zoomoozik on the defense of the claim made against the Master Recordings.
20. That Zoomoozik shall have the right to assign the benefits contained herein (or any part) to any persons, affiliates, firm, or company.
21. That you understand the terms of this Agreement and if you have any questions or concerns, that you have gotten independent legal counsel.
22. That you will not make any public announcements about this Agreement without prior written consent.
That the email address and/or your physical address will be considered your address of notice from Zoomoozik. Zoomoozik’s address is the one listed on this agreement or if changed will be the contact address on the site: www.zoomoozik.com
Schedule A - Payments to Artist
Zoomoozik offers your music and other products via a variety of websites and other digital distribution systems worldwide. Each product has a different cost structure so we pay you different amounts based on what is sold and where. We will pay you based on the schedule below, which will be updated as new products are launched.
If sold on the Zoomoozik.com site:
• Music Tracks are sold for $0.99, and $0.50 per track will be paid to you.
• Ring tones are sold for $1.99, and $0.50 per ring tone will be paid to you.
• Videos are sold for $1.99, and $0.99 per video will be paid to you.
If sold through another site:
• Music Tracks: $0.30 per track will be paid to you.
• Videos: $0.50 per video will be paid to you.
Schedule B - Zoomoozik services offered
Zoomoozik offers different levels of services from time to time. At any time, any Zoomoozik artist
can upgrade their service level by paying the currently scheduled payment.
STADIUM PACKAGE - $295 one time fee
1. Records of all spins and sales will be reported to SoundScan and other agencies.
2. MP3 distribution of ALL songs through the Zoomoozik.com network, including other digital
distribution sites such as iTunes, Napster, etc.
3. Band profile page at Zoomoozik.com/YOURBANDNAME, so that people can sample and
purchase your MP3s and Ring tones.
4. Entered in the RockOff and other contests enabling you to win prizes such as a free trip to
Hollywood, Recording Session, and Show, etc.
5. A&R Support via email.
6. Discounts on CDs & Apparel.
Discounts on CD manufacturing.
Discounts on T-Shirt Printing.
Discounts on Sticker Printing.
7. Music promoted to Program Directors of on-line, satellite, and AM-FM radio both in the US and
worldwide.
8. EPK
An electronic press kit will be available to email to media outlets, booking agents, and any other
industry professionals at your leisure.
9. National Press Release
A well known, professional PR agency will send out a digital press release to over a thousand
media outlets including world famous web, print, radio, and television outlets for possible
coverage.
10. Online and Print Ads
Your band’s name, photo, and chosen single will be displayed on several very popular websites,
focusing on your genre. As part of the announcement of your signing with Zoomoozik, we’ll place
an ad in a well-known music publication.
11. Tele-Seminar
Access to a weekly conference call that will cover different industry topics from everything to
booking gigs and tours to hiring a lawyer and signing a record contract.
12. Gig List
Zoomoozik will provide a detailed booking list that will include clubs and agents nationwide for
booking shows.
13. Career review by an A&R professional
A Zoomoozik A&R rep will review your music and where you are in your music career and provide
an advisory report for how to take the next appropriate steps.
CLUB PACKAGE - Free to any artist
1. Records of all spins and sales will be reported to SoundScan and other agencies.
2. MP3 distribution of ALL songs through the Zoomoozik.com network, including other digital
distribution sites such as iTunes, Napster, etc.
3. Band profile page at Zoomoozik.com/YOURBANDNAME, so that people can sample and
purchase your MP3s and Ring tones.
4. Entered in the RockOff and other contests enabling you to win prizes such as a free trip to
Hollywood, Recording Session, and Show, etc.
5. A&R Support via email.
6. Discounts on CDs & Apparel.
Discounts on CD manufacturing.
Discounts on T-Shirt Printing.
Discounts on Sticker Printing.
Club artists will be able to upgrade at any time to the Stadium package and get all the benefits of
that program by paying the current rate for Stadium members.
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