This Agreement covers digital distribution rights for the catalog of Rights holder’s entertainment content, which includes all current and future audio-only master recordings (“Recordings”) and audio-visual programs (“Videos”) that Rightsholder has the right to license to DISTRIBUTOR during the Term agreed upon.
GRANT OF RIGHTS .During the Term of this Agreement, Right’s Holder hereby grants to Nectar the right and license within the Territory to: (a) market and promote the availability of the Content for display, use and distribution; (b) publicly perform, display, exhibit, distribute and transmit the Content; (c) use, reproduce, format, encode, transcode and configure the Content as necessary to perform the foregoing marketing, promotion, public performance, display, exhibition, distribution and transmission of the Content; and (d) feature and otherwise publicize the availability of the Content on and through the Service in advertisements and promotional materials for the Service by any and all means and media now known or hereafter devised. By signing this contract, I agree to irrevocably grant to Nectar, throughout the world (the “Territory”) and during the Term (The Terms of Service shall apply at all times while you utilize the Site or the Services) the non-exclusive right:
- (i) to sell, copy, distribute and otherwise exploit the Recordings by all means and media (whether now known or existing in the future) (“Sale”) through any and all Consumer Stores now operational or hereafter available;
- (ii) to collect all income deriving therefrom; and
- (iii) to 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.
(c) You agree that you will not use the Nectar services to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party. You acknowledge and agree that Nectar may disable access to and/or terminate your account and/or remove or disable access to any Recordings or any associated materials you provide to Nectar in the event that Nectar receives any claim that, if true, would constitute a violation of your representations and warranties hereunder.
TERRITORY: The World
DISTRIBUTOR will provide Rightsholder with the following services:
Negotiate terms and draft agreements for uses of the Catalog as contemplated hereunder, and administer such agreements.
Deliver encodings and metadata to Digital Service Provider’s (DSP’s).
DISTRIBUTOR will collect and distribute to Rightsholder aggregate royalties received from all Digital Service Providers that are due to Rightsholder. All monies will be delivered no later than 90 days from the release date of any given project. No royalties will be paid out until they have been received by Nectar in which Nectar will be given a grace period of 5 business days in which aggregate royalties due to Rightsholder.
In compensation for the services of DIST described in this Agreement, Rightsholder agrees that DISTRIBUTOR (Nectar) shall retain TWENTY percent (20%) of all income received on behalf of Rights holder’s Catalog. For purposes of this Agreement,“ Royalties” are defined as any payment, income, proceeds or other monies or remuneration received by or credited to DISTRIBUTOR’s account from any Digital Service Provider for the use of the Catalog or any portion thereof.
Rightsholder shall be solely responsible for the payment of any and all of the following: (A) all fees, income, monies, royalties or any other compensation due artists, producers, master recording copyright owners, unions, publishers, songwriters and all other third persons whose performance is embodied in a master sound recording or is otherwise involved in the creation of the master sound recording that is included in the Catalog.
Subject to the termination rights specified, this agreement commences on the date it is signed by Rightsholder, and continues until either party gives notice of cancelation from the date that Rightsholder first indicates, that Catalog or any portion thereof is approved for delivery to any Digital Service Provider. The time your catalog is with Nectar will be referred to as the “Term” of this Agreement. The foregoing notwithstanding, the Agreement may be terminated by Rightsholder upon written Notice delivered to DISTRIBUTOR (Nectar) when the Rightholder wishes to cancel.