Terms and conditions
General Terms and Conditions
between
DANCE ALL DAY Musicvertriebs GmbH
Kampenwandstr.17
83278 Traunstein
hereinafter called „ DANCE ALL DAY “
and
You
hereinafter called „ Licensor “
__________________________________________________________________________
1. Contractual Item
Subject of this agreement is the reporting of products from the licensor (audio and visual recordings including video clips, all rights to bear a name, logos and pictures) by DANCE ALL DAY, in the way of digital distribution and distribution in cooperation with third party service provider, and further digital sales platforms in the form of Music Downloads, Streamings etc.., directly or through assignees. DANCE ALL DAY is authorised to chart the catalog of the licensor in the sense of this agreement.
DANCE ALL DAY operates an Online-Shop and a digital sales business regarding the Downloads of music titles and data on the internet side http://www.djshop.de
Furthermore DANCE ALL DAY manages the Download sales through assigned digital marketing channels (e.g. Apple, Musicload, Itunes, AOL, etc.. DANCE ALL DAY also distributes ringtones in various technical ways and different types of use (e.g. “realtone”) through third party service provider (e.g. Vodafone, T-Mobile, O2, etc.) as well as the use of audio and/or video recordings as Download over mobile phones and other mobile services. Below mentioned as "digital sales platforms".
The licensor will provide his offered music repertoire for download in the online area, for sale over digital sales platforms to the following conditions. The licensor owns appart from the authorisation of the sound recordings also analysis authorisation in the online and ringtone domain and appropriate agreements with licensors, artists, producers, who give the licensor the possible, with the above mentioned right of use, to offer Download through digital sales platforms.
2. Authorisation Transmission
The licensor guarantees, that within the present agreement transmitted rights to DANCE ALL DAY, do not violate rights of third party or affect in other way. That also refers without limitation, to obtainment and compensation of all possible rights with the subject of this agreement (including its packing and cover layout) involved copyright, ancillary copyright, publishing law and other rights as well as explicit on obtainment and accounting (excluding GEMA). The licensor will release DANCE ALL DAY from all third party requirements and will compensate DANCE ALL DAY from all arising claims and expenses.
The licenser transfers DANCE ALL DAY the right, to offer its recordings, for the purpose of the digital download by the end consumer, on Internet digital sales platforms, and to save its recordings in the necessary database provided for call up. Furhtermore is the transferred right, to use the audio and video recordings and/or the corresponding project names of music titles over mobile radio systems (e.g. in connection with ringtones, SMS, mobile value-added services) in the way of Downloads, as well as the dubbing and editing rights for the above named types of use.
3. Price
The licensor (you) receives for each music download 80 %
4. Accounting
Accounting, sales reports and payment of the parties will take place daily in yor account
5. Duration
Contract duration of this agreement begins with registration and is daily possible to cancel.
6. Third Party License
The licensor is responsible for the respective accounts and payments of the royalties of its licensors, i.e. artists, producers and other licensors, which are agreed for the reporting of each recording. The resulting mechanical acting and broadcasting royalties, for the reporting of the recordings underlying works for the collecting society, in particular GEMA or third party, if agreed between DANCE ALL DAY and third party, or directly paid by DANCE ALL DAY to the collecting society.
7. General Clauses
If a regulation of the present agreement is ineffective, the remaining regulations remain unaffected. In this case the contracting parties will amicable replace the ineffective by effective regulations corresponding to the agreement. Any changes or additions of the present agreement must be in written form. DANCE ALL DAY is authorised to transfer the present agreement as a whole or partly, with releasing effect, to a third party company. No verbal agreements are made. The Licensor receives access to the sales figures of his repertoire in the same cycle, as DANCE ALL DAY gets the entire sales figures provided by third party. If legally permitted, 83278 Traunstein is agreed as exclusive venue for all litigation resulting from the present agreement. This agreement and its interpretation is subject of exclusive German law.
