acaTunes Artist Agreement

You are the Authorized Agent for the Group or Artist, and you Agree:

  1. To grant acaTunes the non-exclusive Master Use Rights of your Authorized Content, for sale and other distribution throughout the entire universe.
  2. To secure, maintain, and pay for DPD Licenses for DPDs (Digital Phonorecord Deliveries, commonly known as Digital Tracks) of any cover songs not licensed by acaTunes, as required by law.
  3. To provide acaTunes with and authorize the use of Authorized Artwork and other song and biographical information of your group and individual members as might assist in promoting your music.
  4. To hold acaTunes and it's owners and employees harmless in the event of any losses or claims which may arise from your failure to secure clearances and/or licenses for third-party content.
  5. To maintain and update your contact information so as to facilitate communications.
  6. For each twelve month period in which acaTunes is unable to contact you, you agree that any outstanding income otherwise owed to you by acaTunes will be forfeit, and you authorize acaTunes to donate said income to the charitable organization of our choice (CASA, Harmony Foundation, or other such organization).
  7. To grant acaTunes authorization to distribute copies of your DPDs for promotional purposes to radio stations, internet radio services, and other promotional programs we may choose to pursue.

You are responsible for the distribution of money paid to you by acaTunes to any third parties, group members, or any other interested parties or agents associated with the content you have licensed and/or cleared for acaTunes to use as part of this Agreement, such as record labels, producers, artists, and publishers. You will pay to these parties all fees, royalties, "artist royalties", dues, or other financial obligations as may be required pursuant to the applicable laws of any jurisdiction. Content which is not fully licensed cannot and will not be distributed via acaTunes.

acaTunes is a retail music and merchandise distributor, and we Agree:

  1. To convert your Authorized Content into DPDs, streams, and/or preview clips, and distribute this content commercially.
  2. To attempt to secure and maintain DPD licenses for any cover songs included in your Authorized Content. acaTunes does not guarantee that we can obtain licenses for any or all of your DPDs. Songs not licensed by acaTunes remain your obligation to license.
  3. To pay you 70% of all sales income generated by distribution of your DPDs, minus the cost of any DPD royalties acaTunes pays for DPD licenses acaTunes holds on your Authorized Content. Payments will be issued quarterly, with a minimum payment of $25. If the minimum is not met at the end of a given quarter, the balance owed is rolled over until the next quarter.
  4. To provide for you you via online account access a quarterly sales report itemizing your income, royalties paid, and quantity of each DPD distributed.

acaTunes has sole discretion as to the promotional use of, and the retail price of, your Authorized Content. acaTunes is under no obligation to provide any specific use or minimum number of sales of any Authorized Content provided by you. If there are no sales, acaTunes owes you nothing. Income from sales, if any, constitutes your full and complete compensation for the rights you have provided to acaTunes in this Agreement. You may end this Agreement at any time by sending a written notice to acaTunes, upon receipt of which acaTunes will have ten (10) days to effect the cessation of distribution of your Authorized Content; any remaining balance owed will be paid to you at the time of the next quarterly processing period. acaTunes may end this Agreement at any time and without cause. acaTunes can make changes to this Agreement at any time; changes will be sent to you via email. You have the option to refuse to accept the changes, which thereby ends our Agreement. If you do not respond within ten (10) days of receiving the email, your failure to respond constitutes agreement with the changes to this Agreement. All licenses obtained and paid for by acaTunes are exclusive to acaTunes; we will not pay royalties for sales or distribution of your content by you or third parties.