- LICENSE: Composer grants to Audiolander an exclusive or non-exclusive license (as decided by Composer) to commercialize and sublicense the Works for use in synchronization or timed relation to visual images in audiovisual works, and for all other uses involving the copyright rights in the Works. Composer also grants to Audiolander the exclusive right, acting as Composer’s exclusive representative, to file copyright registrations for the Works, and to register the Works with Sociedad Chilena de Derecho Autor (“SCD”) and all other similar Performing Rights Organizations (“PROs”) throughout the world, all at the sole decision of Audiolander. Composer further grants to Audiolander the royalty-free right to stream, reproduce, download, or otherwise perform the Works on Audiolander’s website (audiolander.com) for the sole purpose of marketing the Works
- PAYMENTS: Audiolander will pay Composer from sixty percent (60%) to thirty five percent (35%) , depending on number of Works approved and License Type chosen according to Audiolander’s Commission Chart below, less applicable Paypal commissions and taxes of all revenue that Audiolander collects from licensing the copyright rights in the Works, and ninety percent (90%) less applicable Paypal commissions and taxes of all revenue Audiolander collects from PRO’s for the Works. Audiolander will report all revenue earned and make all payments due to Composer within 30 days after Audiolander collects more than USD $100 for the Works. Audiolander will pay in Chilean Pesos for all revenue received from Chile, and in U.S. dollars for all revenue received from outside of Chile. All payments will be made by Paypal transfer to Composer’s Paypal account. Composer is responsible for their own bank charges and currency exchange costs. Audiolander may hold Composer’s payments if Composer’s Paypal account information is incomplete, incorrect, or changes without notice, or until resolution of any legal disputes with Composer.
- ONLY ORIGINAL WORK OF COMPOSER: Composer warrants and represents that the Works are all new original musical works solely authored by the Composer and that the Works do not infringe any copyright rights or other intellectual property rights owned or controlled by anyone else.
- SELECTED WORKS WITH STATUS OK: Composer must upload all of the Works to Audiolander’s website at The Web Site subject to the Audiolander Upload Terms and Conditions which may change at any time. Audiolander will review each uploaded Work for quality and content. Audiolander will always try to provide constructive feedback to Composer, but Audiolander can reject any Work at any time without cause or explanation. This Agreement only applies to those uploaded Works which Audiolander accepts (Status O.K) in the secure area of The Web Site.
- DURATION: The Term of this Agreement is a minimum of one year from the Effective Date. Unless cancelled, this Agreement automatically renews for another one year Term at the end of each Term. If Composer sends Audiolander a written notice of cancellation, this Agreement terminates at the end of the Term in which Audiolander receives the notice.
- This Agreement, and the Audiolander Upload Terms and Conditions, are the entire agreement of Audiolander and Composer (the “Parties”) relating to the copyright rights in the Works and can only be modified by a writing signed by all Parties. This Agreement does not constitute or create a partnership, joint venture, agency, or employer/employee relationship between the Parties. No act or omission will be a waiver of any breach of this Agreement, unless the waiver is specific and in writing.
- This Agreement is governed by the laws of Chile. The Parties consent that any dispute, lawsuit, or legal action between them that is in any way related to this Agreement must be submitted to arbitration in accordance with the current Procedural Regulations of Arbitration of the Center of Arbitration and Mediation of Santiago.