TapTunes Artist Agreement
TapTunes Artist Agreement
AGREEMENT made this ______ day of _____________, by and between TapTunes, Inc. (herein called Company) and "artist name" (herein called Artist) for the tendering of personal services in connection with the production of Commercial Sound Records. The Artist's obligations under this Agreement are joint and several. All references to "Artist" includes all current and future members of the group inclusively and each member individually, unless specified. Company websites include but are not limited to taptunes.us, taptunes.app, taptunes.net,taptunes.io and taptunes.com.
Company hereby engages Artist's exclusive personal services as a recording artist in connection with the production of commercial sound recordings. Artist hereby accepts such engagement and agrees to render such services exclusively for Company during the term hereof. Commercial sound recordings record(s) or album(s) will be defined in this Agreement as NFC embedded TapTunes Sound Cards. Artist reserves the right to distribute individual songs or albums via vinyl record, magnetic tape, compact disc or internet streaming.
TERM & SCOPE
The Term of this Agreement shall be for the commercial release of each and every album submitted by the Artist and approved by the Company. The Scope of this Agreement is the Universe. The length of this Agreement shall be for two (2) years from the date of first commercial release of the each individual album.
RIGHTS OF THE COMPANY
In consideration of this Agreement and without further payment than as herein provided for Artist, Artist grants to the Company, its associates, subsidiaries and nominees (1) the right to manufacture, advertise, sell or otherwise use in any or all fields of use, throughout the world, or to refrain therefrom, throughout the world or any part thereof, records embodying the performances to be recorded hereunder, upon such terms and conditions as the Company may approve; (2) the right to use Artist approved photographs if desired, in connection with the exploitation of said records.
The Company will pay the Artist for the rights granted herein and the services to be rendered hereunder by Artist a royalty of twenty-five percent (25%) of Company's Gross Income for each, TapTunes Sound Card manufactured and Sold via Company's Internet Website as defined in this Agreement. Sold will be defined as payment has been received by Company and Company's account has been credited. Royalties are to be calculated Monthly for all sales beginning on the first day of the month and ending on the last day of the Month. Royalty payments will be made electronically to Artists account no later than the last day of each following Month.
Under the standard set by the US Copyright Office, the Company will collect and pay the individual songs rights holder (e.g., songwriter, publisher, artist)) a one-time mechanical royalty of 10 cents for recordings less than five minutes long and 2 cents per minute for songs longer than five minutes per title per album sold on the TapTunes website.
Artists may purchase from the Company TapTune cards at 30% of the retail cost for promotional use or re-sale at live events or on the artist's website. All wholesale transactions are final and complete. Should the artist elect to purchase TapTune cards for their use, the artist agrees not to reproduce such cards or their content in any other way than intended or link to the TapTune music player from any other source.
SPECIAL RELEASES AND PARTNERSHIPS
From time to time, the Company may offer the artist a limited inclusion of one or more of the artist's original compositions on a special release or partnered release with a National brand. Should the artist receive an offer, they are under no obligation to accept, and any considerations are subject to a separate agreement not bound by this agreement.
The Artist hereby warrants that Artist has no oral or written obligations contracts, or agreements of whatever nature entered into prior to the signing of this Agreement which are now in force and binding and which would in any way interfere with carrying out this Agreement to its full intent and purpose. The Artist also warrants that Artist is under no disability, restriction or prohibition with respect to Artist's right to execute this Agreement.
ADDITIONAL WARRANTIES The Artist also hereby warrants:
A) That no materials submitted by Artist will violate any law, or violate or infringe upon the rights of any person, including, without limitation, contractual rights, intellectual property rights, publicity and privacy rights and the rights against libel, defamation and slander.
B) That the Master Sound Recording was not recorded within the jurisdiction of any collective bargaining agreement, including without limitation, the American Federation of Musicians and the American Federation of Television and Radio Artists, and if recorded within such jurisdiction, Artist shall be responsible for all Union Agreement mandated fees resulting from the recording or uses permitted to the Company under this Agreement.
C) That the use of Artist's name(s), likenesses and biographies shall not infringe upon the rights of any person or entity, and that Artist has conducted or caused to be conducted a professional trademark search to ensure the availability of the name(s.)
D) Artist shall be solely responsible for all royalties payable to any outside songwriters and/or outside music publishers whose material may be recorded by Artist and released by Company. (If the Artist uses material written by outside songwriters.)
Artist agrees to indemnify Company against, and hold Company harmless from, any and all claims, liabilities, causes of action, damages, expenses, costs of defenses (including reasonable attorney's fees and court costs.) Artist agrees that Company may withhold money otherwise due Artist hereunder in amounts reasonably related to such claims) if such claims) are reduced to a final judgment by a court of competent jurisdiction. (No funds may be withheld until the court announces a decision in favor of the Company.)
Both parties agree to keep all confidential information regarding this Agreement strictly confidential and will not disclose such information to any third party without prior written consent from the other party.
This Agreement constitutes the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior agreements or understandings, whether oral or written. This Agreement may not be amended except by a writing signed by both parties.
The waiver by either party of any term, provision, or condition of this Agreement, or the breach thereof, in any one instance shall not be deemed to waive such term, provision, or condition for the future or further breaches thereof.
This Agreement shall be construed in accordance with the laws of the State of Florida without regard to its conflict of law principles.
Any controversy arising out of or relating to this Agreement shall be submitted to arbitration in Orlando, FL before a single arbitrator mutually agreed upon by the parties. If the parties cannot agree on an arbitrator within thirty (30) days of commencement of arbitration, then the American Arbitration Association shall select the arbitrator. The arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction.