DISTRIBUTION OF PHONORECORDS AGREEMENT
Masters Producer/Record Distributor
AGREEMENT made and entered into as of this _______ day of _______________ in the year of _______ by and between _________________________________________________ hereinafter known as PRODUCER and _________________________________________________ hereinafter known as DISTRIBUTOR, when signatured in the respective places indicated below, is limited exclusively to the parties of signature hereto, and does herewith constitute our complete and binding Agreement as follows:
PRODUCER hereby grants to the DISTRIBUTOR the exclusive distribution rights of certain Master Recording(s) and the performances embodied thereon; said Master Recording(s) embody the following compositions:
hereinafter known as and referred to individually and collectively
as the MASTER.
The exclusive distribution rights of the MASTER granted by PRODUCER are in accordance with the following terms and conditions:
1. PRODUCER warrants, represents, covenants and agrees that he has the legal right to enter into and is free to enter into and abide by the terms of this Agreement, and that he is duly authorized to hereof represent said MASTER and/or any and all parties and/or entities with respect thereto, and of all the performances embodied thereon; and no materials, ideas or other properties furnished or designated by PRODUCER and used in connection with, in or to the MASTER or any copy or duplicate thereof will violate or infringe upon the rights, title or interest of any person or entity; and that no other person or entity has any right, title or interest in or to the MASTER or any copy or duplicate thereof that is inconsistent with PRODUCER rights therein, except as are specified herein, and that PRODUCER has not heretofore done or permitted to be done, nor will PRODUCER hereafter do or permit to be done, any act or thing which is or may be inconsistent with DISTRIBUTOR'S absolute right to distribute said MASTER and said performances or any copy or duplicate thereof, or which may impair and/or curtail any of the rights given or grants made in this Agreement.
2. PRODUCER further warrants, represents, covenants and agrees:
(a) That, in connection with the recording of the MASTER, all costs of recording, musicians fees, and royalties to any artists, arrangers, copyists, and/or contractors if any, are paid in full; and PRODUCER will be solely responsible for all above stated fees and royalties and does hereby agree to indemnify DISTRIBUTOR against any and all harm(s), blame(s), fault(s), damage(s), defamation(s) and/or loss(es), monetary or otherwise; specifically but not limited to: any and all attorney's fees and/or court's costs whatsoever; with respect to the musicians, artists, arrangers, copyists, and/or contractors whose performances and work are embodied on said MASTER.
(b) That there are no liens, encumbrances and/or obligations upon or in connection with the MASTER or with the performance that are not specifically set forth herein.
(c) PRODUCER hereby agrees to "drop ship" an initial shipment of ______________ compact discs within ______ days of the date of the commencement of this Agreement, and to the best of PRODUCER'S ability, to continue to supply DISTRIBUTOR with phonorecords when demand from retail outlets so warrants. The address where the PRODUCER will ship all phonorecords to is:
PRODUCER agrees to prepay all shipping and handling charges for all phonorecords PRODUCER ships to DISTRIBUTOR. DISTRIBUTOR agrees to pay all shipping and handling charges on any returns or unsold phonorecords.
In this Agreement, the term "phonorecord" shall be deemed to mean all transcriptions, duplications, encoding or any other method(s), now known or to be later utilized, used to duplicate the MASTER and/or the performances embodied thereon, but not limited to, compact discs, phonograph records, audio files, digital and analog audio tapes, and CD-ROMS.
The Above Example Version of the #10 DISTRIBUTION OF PHONORECORDS AGREEMENT
Contains Only 2 of the 15 Individually Numbered Contract Sections of the Full Version.
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