Popcuts Artist Agreement (last updated July 5, 2008)

  1. We get to non-exclusively digitally distribute and promote your music/content and use your names.
  2. How long this agreement lasts is up to you.
  3. We sell your music/content. For every sale, you determine your portion, we set some aside for fans and take a small fee. We send you statements and payments each month.
  4. You own the rights to the music you register, and will be solely responsible for any consequences from third parties.

By accepting this Agreement you are NOT transferring any ownership rights to us.

Agreement:

By clicking the "I ACCEPT" button, this will become a legally-binding contract. If you find anything in here that you can't or won't agree to, then you should not click on the "I ACCEPT" button. If you find anything in here that would not be true if you pressed "I ACCEPT," then you should not click "I ACCEPT. We have the right to update/modify this contract from time to time, and you will have the right to reject any changes we propose by terminating this Agreement. We will notify you of any changes in this Agreement by either displaying it on the website, or we will send notice to the address in your registered Popcuts account. References to "we" or "us" anywhere in this Agreement means Popcuts, Inc., of 1522 Henry St, Ste D, Berkeley, CA 94709. References to "the website" mean online interfaces controlled by Popcuts, Inc.

  1. We get to non-exclusively digitally distribute and promote your music/content and use your names.

    2. You grant to us the right to:

    1. Distribute by digital transmission digital masters of your music/content as "singles", "albums" or other "bundles", to end users (including through the Popcuts MiniStores) .
    2. Edit and publicly perform, clips of your music/content (that we can create) by "streaming." These clips won't be the full song, and will be used to promote downloaded purchase of your music. It is understood and agreed that we will not be obligated to account and pay mechanical royalties to you, as these sums are included in the per-download payment;
    3. Use and publish, the name(s), trademarks, approved likenesses and approved biographical materials of you and and your co-creators.
  2. How long this agreement lasts is up to you.

    3. The time period that this agreement is in effect begins when you click the "I ACCEPT" button on the website, and continues as long as your music/content is registered with Popcuts. You may terminate this Agreement at any time by sending email notice to artist-support@popcuts.com. We can terminate this Agreement at any time by sending you a notice of our intention to terminate through either the website or to your contact address listed in your Popcuts account.

  3. We sell your music/content. For every sale, you determine your portion, we set some aside for fans and take a small fee. We send you statements and payments each month.
    1. We will maintain an account (an "artist account") into which we will deposit net proceeds from sales of your music/content and against which we will debit all fees payable by you to us. If we change our fee schedule, we will notify you at the addresses in your Popcuts account, and on the Popcuts website.
    2. You determine your portion of each sale on our website. By selecting for yourself one of 10, 20, 30, 40, 50 or 60 percent of proceeds, you also implicitly determine the rate at which we set aside rewards for fans.
    3. We will collect a service fee of 10% per sale. This means for a typical 99¢ download, we will receive 9.9¢.
    4. Payment to You: During the Term, we will issue you all of your net proceeds received by us, less our applicable fees (as described herein), on a monthly basis, no later than forty-five (45) days following the end of each calendar month. We will hold payment until the following month if the total amount due to you is not more than twenty dollars (US$20.00). Our accountings will show, in reasonable detail, the name of the artist, the name and quantity of your Digital Masters sold during each month. For sales through Popcuts MiniStores, we will not be obligated to provide the identity of the host of any particular Popcuts MiniStore.
  4. You own the rights to the music you register, and will be solely responsible for any consequences from third parties.
    1. By clicking on "I AGREE", you promise us that you have all rights necessary to give us your music/content, Artwork and associated metadata, all at your sole cost and expense. You understand and agree that the only sums we are required to pay to you in connection with any and all Exploitations of your music/content, Artwork or metadata will be the retail price therefor less any and all sums you are required to pay to us under this Agreement. You will be responsible for and will pay (i) any sums due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants from sales or other uses of Digital Masters; (ii) all sums payable in connection with the Compositions derived from sales or other uses of Digital Masters, (iii) for any rights, consents, or royalties payable to third-parties in connection with the delivery, encoding, transcoding, encrypting, use and/or distribution of music/content; (iv) all payments that may be required under any collective bargaining agreements applicable to you or any third party, and (v) any other monies payable with respect to Exploitations of your music/content, and Artwork, metadata and any other materials provided by you to us.
    2. You represent and warrant that you have the full authority to act on behalf of any and all owners of any right, title or interest in and to your music/content or Artwork; and that you own or control all rights necessary in order to grant to us the rights and promises you grant to us under this Agreement, that the exercise of such rights, licenses and permissions by us and our Retailers and licensees will not violate or infringe the rights of any third party.
    3. Each party represents and warrants that it has full authority to enter into and fully perform its obligations under this Agreement and has obtained all necessary third-party consents, licenses and permissions necessary to do so; and neither party will not act in any manner which conflicts or interferes with any existing commitment or obligation of such party, and that no agreement previously entered into by such party will interfere with such party's performance of its obligations under this Agreement; and that each party represents and warrants that it will perform their obligations hereunder in compliance with any applicable laws, rules and regulations of any governmental authority having jurisdiction over such performance.
    4. It is Popcuts policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers. Details of Popcuts' policy can be found at http://www.popcuts.com/about/copyright