Terms of Agreement
WaTunes.com is a digital music and content management service that enables the user to sell, distribute, manage, and promote their music, video, audiobooks, and podcast contents. The services offered by WaTunes.com ("WaTunes") include the WaTunes.com website (the "Website"), the WaTunes Music Group Digital Distribution service, WaTunes Live, and any other features, content, or applications offered from time to time by WaTunes.com in connection with the WaTunes.com Website (collectively, "WaTunes"). WaTunes.com Services are hosted in the United States.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of WaTunes.com. By using WaTunes.com services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse WaTunes.com) or you are a "Member" (which means that you have registered with WaTunes.com). The term "User" refers to a Visitor or a Member. You are only authorized to use the WaTunes.com services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave WaTunes.com and discontinue use of WaTunes.com services immediately. If you wish to become a Member, communicate with other Members and make use of the WaTunes.com services, you must read this Agreement and indicate your acceptance during the Registration process. This Agreement includes WaTunes's policy for acceptable use of WaTunes.com services and content posted on the Website, your rights, obligations and restrictions regarding your use of the WaTunes.com services and WaTunes's Privacy Policy. In order to participate in certain WaTunes.com services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the WaTunes.com services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: support@watunes.com, Subject: Terms of Use Agreement.
Digital Music Distribution Agreement
The following are general guidelines for the terms of agreements of WaTunes.com, a music & entertainment division of Xeinge Incorporated. In regards to distributing content, services, and policies for all members. You may not use WaTunes.com trademarks under any circumstance without the prior written approval of Xeinge Incorporated. If you are a party to an agreement with WaTunes.com, please consult the terms and conditions of such agreement as it may contain special provisions regarding your use of WaTunes.com, Xeinge Incorporated trademarks, and agreements of Xeinge Incorporated guidelines.
Grant Rights For Music
WaTunes Music Group (WTMG) will not in any way misuse or distribute any artist’s (label) songs, soundtracks, albums, and compilations without permission from artist by signature. By accepting this agreement from the artist (label), WTMG is given the non-exclusive right to distribute, publicize, advertise, and display any of the artist’s (labels) songs, soundtracks, albums, and compilations that has been transferred to WTMG. WTMG is obligated to distribute within the best of their extent, and in the media format(s) they see fit (included but not limited to, full tracks, ring tones, mobile phone services, videos etc.), for the sole purpose of this agreement.
Marketing & Promoting Music
WaTunes Music Group (WTMG) will not in any way misuse or distribute any artist’s (label) songs, soundtracks, albums, and compilations without permission from artist by signature. By accepting this agreement, WaTunes Music Group (WTMG) is granted the right to marketing and promote any artist's (label) songs, soundtracks, albums, and compilations through promotional mediums such as: Record Pools, DJs, Radio Stations, Magazines, TV, Films, Commercials, and other third-parties that is associated with WaTunes Music Group (WMTG) to solely market and promote all music. WTMG is obligated to distribute within the best of their extent, and in the media format(s) they see fit (included but not limited to, full tracks, ring tones, mobile phone services, videos etc.), for the sole purpose of this agreement.
Paying Artist & Labels
All artists (labels) must have a merchant account and banking account (such as checking/savings/credit) account from a certified bank. For more protection we recommend all artists (labels) to choose PayPal as their merchant account client. Other personal and/or business merchant accounts are compatible with the payment agreement. Xeinge Incorporated. may ask for account and routing number to insure your payments of your contribution to your work if you cannot open a PayPal Account. WaTunes.com highly recommend using PayPal for online transfers for safety and security reasons. If you do not have a PayPal account you may fax your account number and routing number of your banking or checking account to Xeinge Incorporated for online transfers. Each artist (label) gets paid on the last day on each month. The amount of payment is dependent on the sales of the project the artists partakes and percentages. For US residents you may use PayPal or receive by check via postal mail.
Payment Plan
By accepting this agreement you have agreed to the payment plan agreement below: WTMG payment plan for artist & labels is to pay 90% of the total revenue generated by the artist/label for all releases delivered to all current music store services within the WTMG network. All artist & labels will be paid on the last day of each quarter (Starting from quarters: Q1-End of May, Q2-End of Aug, Q3- End of Nov, Q4 End of Feb) with sale statistics and updates for their albums. Each artist (label) has the decision to be paid via PayPal or by Check. If the total sum of the payment is less than $10, payment will not be made, instead the sum will be rolled-over to next months payment, until the complete sum of the payment exceeds $10. If by check send us the name issued on the check with address information in which the check is to be sent.
Major Label Extended & Exclusivity Rights
By accepting this agreement, you have agreed that you are subject to an exclusive term for a period of three months. If you are accepted and signed to a major record agreement. WaTunes Music Group (WMTG) is granted the right to distribute all current content and shared revenue (10%) that is currently effective to all music store networks for a period of three months.
Licensed Territory
WTMG is licensed, and applied to all current nations.
Force Majure
Neither party shall have any liability under, or be deemed to be in breach of this agreement for any delays or failures in performance, which results from circumstances beyond the reasonable control of either party. Force Major shall be understood to include, but not limited to, any damage or delay caused by acts of God, acts or regulations or decrees of any government, natural phenomena such as earthquakes, floods, fires, riots, wars, lockouts, or other causes unforeseeable and beyond the reasonable control of the parties.
Governing Law/Jurisdiction
This agreement shall be constructed in accordance with Georgia law. The parties’ hereto agrees that any suit, action or proceeding arising out of or relating to this agreement shall be under exclusive jurisdiction of the competent tribunals in (Atlanta, GA, United States).
Updated: February 26th, 2008