SIGN-UP (EN) Application EN Affiliationagreement 21st century and later Publishing and copyright administrators. Digital Distribution Netherlands© DDN 2016 - Digitaledistributie.com Introduction Congratulations, because either you or your organization has decided to join a Dutch digital publisher, a new concept in the music industry. And not just any kind: DDN places itself in the shoes of the artist and views everything from their perspective. What separates us from other publishers in the industry is that we split the royalties honestly with each other. Don’t expect us to offer you a “90% for us and -10% for the artist” type of deal “because we happen have so many overhead expenses.” No, this is the new digital age where most publishers utilize services on the internet. It’s time for a new and honest business model. DDN delivers exactly that. Only Dutch law is applicable to this agreement. All disputes related to this agreement will be to the exclusion of any other court, shall be settled by an authorized judge in Amsterdam. We like to remind you of the importance of obtaining legal advice from an expert before you commit to this contract by signing. This will be the only part of our collaboration that we will handle in a formal manner. The legal base of our partnership has to be sound. Upon signing the contract a representative will be appointed to you whom you may call, text or email at any moment to handle your business affairs. Note: You will be referred to as “Publisher” in this agreement, even if you’re active as an artist, publisher or copyright manager to maintain the usability of this contract. Agreement At the start of the collaboration with DDN, which will take place on * (date of today) two Parties were present: The first Party is the company Digital Distribution Netherlands, at the time of writing located at de Lange Baan 44, 9247 EE te Ureterp, in this matter legally represented by Lars Curfs, hereinafter to be referred to as “ DDN ”. The second party is the company * (your company name. If you do not have your own company, please enter your artist name) at the time of signing, located at * (street name + number) * (postal code + city) * Country in this matter legally represented by Field Label First Last hereinafter to be referred to as “Publisher”. These two Parties shall be hereafter referred to, when singly, as “Party” and together as “Parties”. The core of this agreements consist of three points, namely: that DDN does business by selling an renting (exploiting/licensing) of musical works as music publisher/publisher in name of the Publisher; that the Publisher is the rightful claimant to the copyrights on music and lyrics of musical works and compositions that are placed under DDN under ruling of this agreement; that Parties have come to an agreement on collaborating per hereafter mentioned terms and conditions. Collaboration CHOOSE YOUR OWN ADVENTURE The representatives of DDN think from the perspective of the artist. We stand for honesty, and you as the artist, publisher or publisher stand to benefit. DDN invests (mostly free of charge) in acts that our representatives believe in. What DDN can do for your organization: Online music distribution: We will ensure that your mastered music will be available on all big (and small) online stores like iTunes, Spotify, Beatport, Amazon, et cetera. Global distribution through all popular online channels; Physical music distribution: We will ensure that you will receive hardcopy singles and/or albums, which you can sell (or have someone sell) during shows/autograph signings; Licensing: We will negotiate with advertising agencies and film and television producers about licensing (selling or lending the music for a fixed fee); Ownership scans: We will scan all the data that is accessible on the internet for your music. Is your music being utilized, for instance on YouTube, we will claim on your behalf the ownership of the video so you can receive the revenue it has generated. It is your music after all; Legal support: We will write contracts for collaborations with other artists, publisher deals, et cetera. You will be sent an invoice in situations like these. The previously mentioned points are on non-exclusive basis. This means that you can also sign other deals. You are free of any obligations. It is however of the utmost importance that any new deals won’t conflict with our commitments. Notice the word exclusive. You can’t just carry over existing material even though other parties are likely to make this demand. Therefore a message to the acquiring party: DDN is always willing to transfer a back catalogue provided that all parties, the Publisher especially, come to an agreement. You are kindly referred to one of our representatives to reach such an agreement. You have the option to refuse to incorporate certain elements of the contract. Below you will be asked if you want to opt-out for that particular element. Duration 1.1 This agreement will be in effect upon signing and will never expire (there is no end date). This is the most important article. This agreement is in perpetuity, unless you decide to terminate the contract prematurely. This can be accomplished by doing the following: 1.2 This agreement can be terminated at any moment by sending a registered letter to the office of DDN. We will process the letter within 2 weeks. You will be notified when the termination is final. 1.3 Revenues that will be collected after termination shall be paid the first 12 months after the termination became final. After this period the collaboration will end completely. 1.4 In the long run there is a possibility that DDN will form a separate entity, with the intention to -amongst other things- place the transferred/granted rights by the Publisher under the newly created entity. The Parties will then comply to participate in joint discussions and will act in good faith. Assignment DIGITAL DISTRIBUTION 2.1 The Parties hereby wish to engage into a cooperation agreement where DDN will exclusively be responsible for the exploitation of Musical works and Music recordings of artist signed to Publisher, who will be presented to DDN during the Duration of the Agreement. 2.2 Music recording means (in context of this agreement) by the Publisher exclusively acquired music- and audio recordings (phonograms), that haven’t been published in any way, shape or form. Musical works means (in context of this agreement) the either completed or yet to be created Musical works, with or without words (compositions and/or lyrics). The Publisher is as (co-)copyright holder of the music publishing rights authorized to exploit the musical works as music publisher and bestows hereby these rights to DDN. The Publisher is as right holder of the related rights of the phonograms and the therein captured performances entitled to exploit the Musical recordings and bestows these right hereby upon DDN. 2.3 DDN intends to so called “digitally distribute” all received Musical recording and Musical works. The Publisher hereby gives the instruction to engage in activities that will make sure that the digital musical recordings will be made available in digital stores as well as to collect royalties on behalf of the Publisher using the provided services. All Work will be registered in the portal, which can be found on the website www.digitaledistributie.com. NO DD I don't want to use this service. LICENSING & SYNC2.4 DDN becomes, by signing this agreement, globally authorized to contact third parties on behalf of the Publisher in regards to distribution, licensing en related matters and to negotiate in order to achieve an optimal exploitation of the talents and the career of the artists of the Publisher and to enter into all possible agreements for the purpose of the professional activities of the Publisher, in accordance of that what has been determined in this agreement. By agreements with third parties is meant, but is not limited to: Artist contracts, licensing agreements, booking contracts, master purchase agreements, remix agreements and contracts with advertising agencies. NO LICENSING I don't want to use this service. PHYSICAL DISTRIBUTION 2.5 DDN facilitates psysical distribution on request. This includes physical cd's, ep's or singles. The Publisher authorizes DDN to carry out this activity on request. The publisher receives a quotation and later an invoice for the costs made. This is a royalty-free service. NO PSYC I don't want to use this service. This service is on request and therefore without obligation. Only check this box when you are 100% sure never to use this service. OWNERSHIP SCANNERS DDN has scanners operational day and night that search the entire internet for matching content with our music database. In the event music of the artists of the Publisher matches with an audiovisual production, the scanners will claim the property of this production. The advertising revenues will then be collected by DDN. You can exempt certain videos, for instance your video clip on YouTube, of these scans by making such a request to your representative by email. NO SCAN I don't want to use this service. IN CONCLUSION: This is what DDN will do for the Publisher, provided that the Publisher hasn’t chosen to opt-out: 2.7 The professional activities that are the responsibility of DDN, are: to register the publishing rights of the Works in name of the Publisher; to take care of the formulation and the signing of contracts concerning the by DDN granted exploitation rights to third parties; to compose and send invoices and to perform collection activities relating to the by DDN granted exploitation rights to third parties; to (upon request by Publisher) utilize the relationships, knowledge and/or skills of DDN for the purpose of promoting the Works and to promote the careers of the artist of the Publisher; any other activities for which the Publisher makes a request. Administration Charge Our administration charge is 14% on all of the above mentioned activities. We deduct this fee immediately when payments are received. The remaining amount will be deposited into your account. Are you representing a business? Make sure you send us an invoice with the specified amount. Please note that VAT (21% in NL, 0% anywhere else) is included in the payment. Personal Details After your application has been approved, your account will be created in the portal, which can be found at our homepage. This portal is where we register all Works that you publish through us. We would like to receive the following information to complete your profile: * Bank account (IBAN) You may also use your Paypal account for payouts. Chamber of Commerce number (if applicable) VAT number (if applicable) (Are you representing a business? Then this field is required to sign-up.) * Email address * Phone (1) Phone (2) Anything else we need to know? Please include a link (like a YouTube-video link) of one of your published tracks, if applicable. We are curious! * Confirmation Yes, I am aware of all the Items mentioned in this article and I agree. I have read this agreement thoroughly and understood what I read and agree to be bound to the agreement. I am fully authorized to sign this agreement on behalf of the above mentioned Party/Parties. Terms and Conditions Yes, I agree to the terms and conditions associated with this agreement, which can be found at http://digitaledistributie.com/terms-conditions-sign-up/ * Your full name for confirmation This applies as a digital signature. * Date of today Copy I would like to receive a digital copy of this contract (free of charge). I would like to receive a physical copy of this contract (cost € 5 excl. VAT). Subject to change. If you do not agree with one or more items, please contact us.