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Vendor’s License Agreement

1. Terms of Service:

This Agreement is incorporated into and subject to the Terms of Service (TOS).

2. Authorization:

You hereby appoint us as an authorized representative for the sale and distribution of “Your Content”. Accordingly, you hereby grant to us the non-exclusive right, during the Term and throughout the “Authorized Territory” (as defined below), to distribute “your content”.

3. Term:

The term of this Agreement will commence on the Effective Date and will continue, unless and until terminated by either you or us, upon seventy-two (72) hours written notice (the “Term”), which notice, if sent by

(a) Vox Bulgarica, may be sent to you at the last e-mail address you provided to Vox Bulgarica and

b) you to Vox Bulgarica, must be sent only to the following e mail address: inquiries at voxbulgar.com with the following information:

(i) your username;
(ii) the e mail address associated with your Account;
(iii) all titles for which you are requesting termination; and
(iv) in the event of termination, Vox Bulgarica is obliged to remit payment up to and including the date of termination

4. Pricing:

Pricing the Sale of Your Content. Except as otherwise set forth in an Addendum, you will have the discretion to set the pricing of Your Content on the Website. You may also be subject to additional set up fees.

(a) Recordkeeping; Audits. We will maintain books and records that report the sale or other licensed uses of Your Content.

(b) Objections to Accountings. If you have any objections to a Vox Bulgarica accounting statement made available to you, you agree that you shall give us specific notice of that objection for it within eighteen (18) months after the date we send or make that statement available to you.

(c) Minimum Pricing Addendum.

(i) All single digital tracks (in MP3 or other format) will be priced at a minimum of 0.99 cents.
(ii) All digital albums wil be priced at a minimum of $9.99.
(iii) All digital sheet music (PDF or other format) will be priced at a minimum of $2.95

5. Names and Likenesses; Promotional Use and Opportunities:

(a) Name and Likeness of Artists. You hereby grant to Vox Bulgarica during the Term the right to use and to authorize us to use the names and approved likenesses of, and biographical material concerning, any artists or ensembles, as well as track and/or album name, and all artwork related to your sound recordings or audiovisual works, in any marketing materials for the sale, promotion, and advertising of Your Content, which is offered for sale or other use under the terms of this Agreement.

(b) Promotion. You hereby grant to us the right to market, promote, and advertise Your Content as available for purchase or license all media, whether now known or hereafter developed, as we and they determine in our and their discretion.

(c) Customer Information. Vox Bulgarica will provide you with information relating to customers that purchase Your Content, subject to our privacy policy and the preferences of our customers. You may only use, and disclose this information to a third party, for your internal record keeping purposes. You may not disclose any of this information to a third party or use it for any other purpose. In all events, you will comply with the terms of Vox Bulgarica’s privacy policy in connection with the customer data provided under this Agreement.

6. Monitoring of Your Content; Removal of Content from Website

(a) Monitoring. Vox Bulgarica does not control Your Content and does not have any obligation to monitor Your Content for any purpose. Vox Bulgarica may choose to monitor, review or otherwise access some or all of Your Content, but by doing so Vox Bulgarica assumes no responsibility for Your Content, no obligation to modify or remove any inappropriate elements of Your Content, or to monitor, review or otherwise access any other artist’s content or artwork.

(b) Right of Removal. Vox Bulgarica reserves the right, to remove any of Your Content from the Website if such content:
(i) is patently offensive, pornographic or defamatory;

(ii) is the subject of a dispute between you or us and a third party;

(iii)is content to which you cannot document your rights therein upon Vox Bulgarica’s request;

(iv)violates the intellectual property rights or other protected interests of a third party; (v)is the subject of a takedown notice by a party claiming to own the rights therein, or (vi)is the subject of any fraudulent activity, or for any other reason in Vox Bulgarica’s sole and absolute judgment is necessary to protect the business interests of Vox Bulgarica and any of its business partners or Licensees. Vox Bulgarica may also remove Your Content from the Website if you are abusive or rude or provide false or intentionally misleading information to any Vox Bulgarica employees or agents.

(c)Vox Bulgarica shall have no liability to you for the removal of any of Your Content from the Website or any Licensee website or service other than the refund for any fees previously paid by you for making Your Content available via the Website or through Licensees. The removal of any of Your Content shall not relieve Vox Bulgarica of the obligation to pay you any royalties that may have accrued before the removal of Your Content.

7. Account Information; Disclosures:

(a) Your Account Information. In order to access some features of the Website, including your account information and periodic statements, you will have to create an online account (“Account”). You hereby represent and warrant that the information you provide to Vox Bulgarica upon registration will be true, accurate, current, and complete. You also hereby represent and warrant that you will ensure that your Account information, including your e-mail address, is kept accurate and up to-date at all times during the Term of this Agreement.

(b) Password. As a registered user of the services, you will have login information, including a username and password. Your Account is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party, other than an agent authorized to act on your behalf. As you will be responsible for all activity that occurs under your Account, you should take care to preserve the confidentiality of your username and password, and any device that you use to access the Website. You agree to notify us immediately of any breach in secrecy of your login information. If you have any reason to believe that your Account information has been compromised or that your Account has been accessed by a third party not authorized by you, then you agree to immediately notify Vox Bulgarica by e-mail to inquiries at voxbulgar.com.

You will be solely responsible for the losses incurred by Vox Bulgarica and others (including other users) due to any unauthorized use of your Account that takes place before notifying Vox Bulgarica that your Account has been compromised.

(c) Disclosure of Information. You acknowledge, consent, and agree that Vox Bulgarica may access, preserve, and disclose your Account information and Your Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonable.

8. Additional Representations and Warranties:

(a) Mutual Representations and Warranties. Each party represents and warrants to the other that it:

(i) is authorized to enter into this Agreement on the terms and conditions set forth herein.

(ii) will not act in any manner that conflicts or interferes with any existing commitment or obligation of the other party, and that no agreement previously entered into by the party will interfere with the performance of its obligations under this Agreement.

(iii) shall perform its obligations in full compliance with any applicable laws, rules, and regulations of any governmental authority having jurisdiction over such performance.

(b) Representations and Warranties by You. You represent and warrant to Vox Bulgarica that:

(i) you have the full right, power, and authority to act on behalf of any and all owners of any right, title or interest in and to Your Content, including all musical works embodied in Your Content. You are authorized to provide Your Content to us for the uses specified in this Agreement.
(ii) you own or control all of the necessary rights in Your Content in order to make the grant of rights, licenses, and permissions herein, and that you have permission to use the name and likeness of each identifiable individual person whose name or likeness is contained or used within Your Content, and to use such individual's identifying or personal information as contemplated by this Agreement.

(iii) the use or other exploitation of Your Content, including, but not limited to, any musical works embodied in your sound recordings, by us and us as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

(iv) you have not assigned any of the rights in and to the sound recordings embodied in Your Content to any third party (e.g., a record label) that obtained exclusive rights in and to such sound recordings.

(iiv) in the case of producers, Vox Bulgarica accepts responsibility for maintaining licenses and making payments with music authors with the restriction that all authors be affiliated with the organization Musicautor

9. No Representations and Warranties With Respect to Sales and Distributions:

Vox Bulgarica makes no guarantees regarding the minimum number of unit sales or uses of Your Content.

10. General Provisions:

(a) Relationship of the Parties. The parties agree and acknowledge that the relationship between them is that of independent contractors.

(b) Entire Agreement. This Agreement together with the TOS contains the entire understanding of the parties relating to the subject matter hereof.

(c) Binding Effect. This Agreement will be binding on the assigns of each of the parties.

(d) Notice. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes on the delivery date if sent by electronic mail to the addresses provided to and by you upon registration with Vox Bulgarica, or as properly updated, or, in the absence of a valid electronic mail address, via any other method Vox Bulgarica may elect in its sole discretion, including via posting on the Website.

11. Certain Definitions:

(a) The following capitalized terms shall have the following meanings for purposes of this Agreement:

(b) Authorized Territory” means the universe.

(c) “Digital Download and Distribution Service” means the online services operated by Vox Bulgarica for the sale, distribution or licensing of Your Content and other content through the Website or through websites and services operated by or on behalf of Licensees.

(d) “Digital Master” or “Digital Masters” means a copy or copies of Your Content in digital form, whether created by you or Vox Bulgarica.

(e) “Licensee” means any third party licensee that we may authorize to carry out the marketing, distribution, licensing, and sale or other use of Your Content pursuant to the terms of this Agreement that Vox Bulgarica may chose in its sole and absolute discretion.

(f) “Services” means either or both of the Digital Download and Distribution Service and the Consignment Service.

(g) “Threshold Amount” means the dollar amount set by you initially upon your registration with Vox Bulgarica, or as subsequently modified by you.

(h) “Your Content” means sound recordings, sheet music, and the musical works embodied in such sound recordings and video content, and any album related artwork, photos, liner notes, metadata and other material related to your sound recordings and video content that you have provided to Vox Bulgarica, us by digital upload to the Website.

 

DIGITAL DISTRIBUTION ADDENDUM

Welcome to the Vox Bulgarica Digital Distribution Addendum between you and Vox Bulgarica. This Digital Distribution Addendum is part of and incorporates the terms of the Vox Bulgarica Artist Agreement, and contains additional terms and conditions under which Vox Bulgarica offers the Digital Download and Distribution Service.

1. Additional Authorization:

Selling Your Content on the Website is non-exclusive, meaning you have the right to sell your music directly.

3. Payments:

(a) For Digital Content sold directly through our website, we will pay you fifty percent (50%) of the price actually received from a customer for the sale or other licensed use of your content.

(b) All payment processing will be handled by PayPal. Vox Bulgarica employs the micropayment processing plan which applies a 5% + 0.05 cents fee per transaction (https://www.paypalobjects.com/IntegrationCenter/ic_micropayments.html).

(c) All PayPal fees will be absorbed by you, the Vendor, through an automatic reduction in payout from fifty percent (50%) to forty-five percent (45%). Vox Bulgarica will absorb the 0.05 cent additional fee per transaction.

(d) Upon switching of payment plans, Vox Bulgarica will notify you, the Vendor, within 90 days, and adjust compensation percentages accordingly.

(e) PayPal will be used exclusively to transfer payments from Vox Bulgarica to you, the Vendor. You must provide Vox Bulgarica a valid PayPal account and email to where payouts will be made.

(e) Payout frequencies will be set at quarterly intervals, on the dates of January 1st, April 1st, July 1st, and October 1st.

(f) Accounting details will be available through the Vox Bulgarica website vendor account area on a fully updated basis. Full account reports will be available upon request.

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