The Gauntlet Shop Agreement
I warrant, represent and affirm I am at least eighteen (18) years of age (or legal age to sign contracts where contract is being signed) and can legally sign contracts for my band/label.
Band/Label Name:
1. GRANT OF RIGHTS.
The rights granted hereunder shall include sale of permanent digital downloads via The Gauntlet Shop.
By signing this contract, you ("you") irrevocably grant to The Gauntlet, the right to:
(a) to sell the "Recordings" (defined below) by via The Gauntlet Shop.
(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" subject to this Agreement are the sound recordings and audio recordings that you submit to The Gauntlet upon your acceptance of this Agreement as well as any other sound recordings that you choose to submit thereafter by giving notice and appropriate copies thereof. The Gauntlet reserves the right to reject any materials (recordings, videos or artwork) that you submit, in its sole discretion. You agree to submit all Recordings and artwork, at your expense, in the format(s) required by The Gauntlet. Technical descriptions of such format(s) will be provided to you upon request.
3. PAYMENTS.
(a) The Gauntlet will pay you .50 USD($) for each single song downloaded and NET-.50 USD($) for each purchased full album (ie. $5.99 - .40 processing fee - .50 site fee = $5.09 payable to you). Income will be posted to your account within 15 days after the 1st of the month. Payments will be made the 15th of each month via Pay Pal or check. Bank charges will be at your expense.
(b) In the event that The Gauntlet has, in its reasonable business judgment, reason to suspect that your account has been subjected to and/or involved in fraudulent activities, The Gauntlet reserves the right to discontinue posting of income to your account and block your ability to otherwise withdraw funds therefrom, until satisfactory resolution and/or explanation of the suspect activities is obtained. To the extent that any fraudulent activities are determined to be caused by your or your affiliates actions or omissions, any costs incurred by The Gauntlet (including legal fees and costs) in connection therewith may, in addition to its other remedies, be deducted by The Gauntlet from any monies otherwise payable to you hereunder.
(c) In the event that The Gauntlet is presented with a claim of breach of copyright, failure to comply with any third party license requirement or other breach of any of your warranties hereunder, and in its reasonable business judgement is compelled to engage an attorney to respond to such claim, The Gauntlet shall - in its sole discretion - have the right to deduct from your account to offset the costs of associated legal fees.
4. WARRANTIES; REPRESENTATIONS; INDEMNITIES.
You warrant and represent that you have the right and authority to enter into this agreement and to grant to The Gauntlet all rights specified; all of the Recordings, including any sampled third party material embodied therein, artwork, metadata, and any other materials furnished by you to The Gauntlet 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 The Gauntlet and any of its affiliates (including any 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 the foregoing warranties, including reasonable attorneys' fees and litigation expenses. The Gauntlet shall give you prompt notice of any claim. If a claim is made The Gauntlet shall have the right to withhold payment of any monies due hereunder in an amount reasonably related to the claim and potential expenses. Any settlement of any claim shall be subject to The Gauntlet's prior written approval.
(a) This agreement shall be governed by the laws of the State of California which apply to agreements entered into and wholly performed in the State of California and the parties hereby grant to the U.S. District Court for the District of Los Angeles, or the Supreme Court of the State of California, Los Angeles County, exclusive jurisdiction to hear any disputes arising therefrom.
(b) Customer authorizes The Gauntlet to 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 The Gauntlet.
(c) Due to the nature of the internet being worldwide, some of your material might be offered for sale in countries other than those in North America.
List Bands you will be submitting (1 per line)):
Your e-mail:
Your name:
PayPal for payments:
Payment address (If you want payment by check):
Type verification image:
By clicking "Agree" you certify that you have read and accept the terms of the agreement above in full on this Sunday February 05, 2012