Independent Artist Contract
This indepedent artist contract (the "Contract") is concluded between CORVAISIER Sylvain for Neomusicstore.com (NeoMusicStore), a french company based in 42-44 Rue de la Motte Brulon, 35700 RENNES, FRANCE, hereinafter referred to as NeoMusicStore, and Account owner, identified in the account opening application and hereinafter referred to as Artist.I. Recitals
NeoMusicStore is engaged in providing non-exclusive online shop and file downloads services on behalf of Artist wishing to sell its productions in both physical and digital formats and providing other products and services as defined in this agreement.II. Consideration
Artist agrees to use its best efforts to use NeoMusicStore's services and NeoMusicStore agrees to pay Artist fees as specified below.III. Cost
NeoMusicStore is charging a variable price for its technical solution for the Artist to sell its content on its own website or any website of its choice. Technical solution will be provided to Artist as long as sales credit is positive. Artist must ensure to always have a positive sales credit to guarantee sale availability of its content. Artist will be able to increase his sale credit as often as he wants for an unitary cost of €0.20 per item sold.NeoMusicStore will regularly inform Artist of sales credit level.
IV. Commissions and payments
NeoMusicStore offers direct, full and instantaneous payment to Artist for any order made using its technical solution, on its Paypal account or any payment solution offered by NeoMusicStore. Every item sold will decrease Artist sales credits of one unit.V. Artist obligations
Artist shall pay all of its own expenses including all expenses of sales personnel, sales organization, web site developers, and technical staff.NeoMusicStore is not responsible for any activity, content, or disputes associated with the Artist's web site. NeoMusicStore will only be responsible for resolving disputes associated with specific transactions processed by NeoMusicStore by users of the service.
Artist shall not upload to, or distribute or otherwise publish through the Service any Content, which is libelous, defamatory, obscene, pornographic, abusive, or otherwise violates any law. As NeoMusicStore does not and cannot review every information or file or posted by Artist, Artist shall remain solely responsible for the content of its informations.
If the content is inappropriate and breaks the law in any way, NeoMusicStore has the right to deactivate the account without any prior notification.
If these operating rules or any future changes are not acceptable to you or cause you no longer to be in compliance with this agreement, you may remove yourself from this program by sending an email to info@neomusicstore.com.
VI. Marketing
A. Artist Name. NeoMusicStore may use the Artist's name and logo in press releases, brochures and similar marketing materials, financial reports and prospectuses indicating that the Artist is a partner of NeoMusicStore upon Artist's prior approval of each such use of its name and/or logo by NeoMusicStore. Such approval shall not be unreasonably withheld or delayed.B. NeoMusicStore Name. Artist may use NeoMusicStore's name and logo in press releases, product brochures, and similar marketing materials, financial reports and prospectuses upon NeoMusicStore's prior approval of each such use of its name and/or logo by Artist. Such approval shall not be unreasonably withheld or delayed.
VII. Indemnification
It is understood that Artist is an independent contractor, and not an employee, agent or legal representative of NeoMusicStore. This agreement may not be interpreted to make Artist the agent or legal representative of NeoMusicStore for any purpose whatsoever. Artist is not granted any right or authority to assume or create any obligation or responsibility, express or implied, on behalf of or in the name of NeoMusicStore or to bind NeoMusicStore, or its agents, employees or attorneys, in any manner or thing.Artist covenants and agrees to indemnify NeoMusicStore for any and all claims or judgments arising from actions of Artist or Artist's agents, employees, or attorneys that create an obligation or liability on the part of NeoMusicStore other than as set forth in this agreement.
VIII. Termination
This agreement shall continue in force and govern all transactions and relations between the parties until canceled or terminated. Either party may cancel or terminate this agreement without cause provided the party desiring to terminate and cancel the agreement gives to the other notice thereof at least 30 days prior to the effective date of such cancellation. Such notice shall to be given in writing at the address set forth above. Such cancellation or termination shall not in any way affect any bona fide order accepted by NeoMusicStore.If Artist terminates this agreement, Artist forfeits any additional payment of fees due to Artist. If NeoMusicStore terminates this agreement, NeoMusicStore shall continue to make all required payments. Regardless of which party terminates the agreement or the circumstances thereof, Artist agrees it is not entitled to any further or other compensation than is provided herein.
IX. Complete Agreement
This agreement contains the entire agreement and understanding of the parties, NeoMusicStore and Artist with respect to the terms and conditions that apply to the Artist's participation in the NeoMusicStore Artist program. It fully supersedes any and all prior agreements or understandings, oral or written, between the parties pertaining to Artist's participation in the NeoMusicStore Artist program. No alteration, amendment, or modification to this agreement shall be valid or binding upon NeoMusicStore or Artist unless made in writing and signed by authorized representatives of each party.Any notice or other communication required or permitted under this agreement to NeoMusicStore or Artist will be considered to have been made or given on the date of mailing if sent certified mail, postage prepaid, addressed as provided in the addresses listed herein, or to such another address communicated in writing by NeoMusicStore or Artist to the other party..
X. Trademarks
NeoMusicStore and Artist agree that neither will use the trademarks or name of the other, or refer to this agreement, except as necessary or desirable in the promotion of the services provided by NeoMusicStore within the scope and authority as provided in this agreementXI. Applicable Law
This agreement shall be interpreted, construed, and governed by the laws of France. Any disputes arising from this agreement shall be submitted to final and binding arbitration by and pursuant to the rules of the Tribunal de Commerce of Rennes, France.All information contained herein is the confidential property of Neomusicstore.com and is not to be distributed without authority or permission of the company.