Terms of Agreement
This submission Agreement ("the Agreement") is entered into as of the application submission date by and between PDX POP NOW!, an Oregon nonproﬁt corporation ("PPN") and the proprietor of the recordings as documented in the application, professionally known as recording artist as documented in the application, (collectively, "Artist").
The terms and conditions of this Agreement are as follows:
Artist grants PPN the non-exclusive right and ability to use, manufacture, publish, advertise, market, distribute, perform and sell Artist’s master sound recording and underlying original song composition that was submitted through pdxpopnow.com (collectively, the "Song"), in conjunction with PPN’s sound recording compilation (the “Comp”) in both physical and digital formats.
Artist, and/or their label or publishing company, retains all rights to the Song not provided to PPN. PPN’s rights to use the master sound recording and song composition shall be limited to the above uses in conjunction with the Comp and shall be perpetual throughout the universe. Artist represents and warrants that the master sound recording and the underlying composition is an original work by Artist, and that no additional permissions of any kind are required to reproduce or distribute the Song, or any part of it, as contemplated in this Agreement, including clearing any sound samples or beats.
PPN cannot accept non-original works, including cover songs or unlicensed sampling of any kind.
Artist grants PPN the right to include the Song, as well as the names of Artist, and any band trademarks or service marks in the Comp packaging and any advertising or promotional materials related to the sale, distribution, or marketing of the Comp.
Upon completing the Song submission process, Artist hereby indemniﬁes, and agrees to hold PPN and their sales or marketing afﬁliates, harmless, from any loss, damage and expense (including reasonable attorney’s fees) that PPN may suffer by reason of any claim which is inconsistent with any promise, representation or warranty made by Artist in this Agreement.
Artist grants PPN a non-exclusive worldwide and perpetual license to incorporate the Song in the Comp to be distributed on a promotional basis or sold by PPN.
As consideration for the limited rights granted to PPN, Artist may receive promotional consideration. Other than this valuable promotional consideration, there will be no payment or royalties, including mechanical royalties, to Artist with respect to the use of the Song from PPN.
Signing below indicates that you have the authority on behalf of Artist to grant all rights and abilities, including songwriting rights; publishing rights; trademark usage rights; publicity rights; sound recording rights; and sampling and beat licensing rights.
Digital Compilation: We believe that a digital version will increase worldwide exposure for Portland musicians, and generate more ﬁnancial support for PPN. This agreement applies to full album purchases and individual track sales, and on demand-streaming with PDX Pop Now! Compilation file coding and branding. The digital version of the Comp will be distributed and heavily promoted as a whole album and sold at a discounted rate compared to individual track sales.