("Artist") and Total Deathcore ("TDC"), collectively referred to as the "Parties."
WHEREAS, Artist owns or controls certain musical content ("Content") and desires to allow TDC
to host, distribute, and promote the Content on its radio station and other platforms; and
WHEREAS, TDC desires to host, distribute, and promote the Content on its radio station
and other platforms.
NOW, THEREFORE, the Parties agree as follows:
- License Grant. Artist hereby grants TDC a non-exclusive, worldwide, royalty-free license
to host, distribute, and promote the Content on its radio station and other platforms.
- Monetization. TDC may monetize the Content on its radio station and other platforms,
subject to the terms and conditions of the applicable platform(s). Any revenue
generated from the monetization of the Content will be directed to the party or parties
specified by the applicable platform(s).
- Promotion. TDC may use the Content for promotional purposes, including, but not
limited to, social media posts, email marketing, and advertisements. Artist grants TDC
the right to use Artist's name, likeness, and image in connection with the promotion of
the Content.
- Radio Airplay. TDC will play the Content live on its radio station as part of its regular
programming. TDC reserves the right to play the Content alongside other music at its
discretion only.
- Liability. TDC will not be held responsible for manual royalty generation and payment.
Any royalties owed to Artist will be automatically generated and paid by the applicable
platform(s).
- Profit Sharing. TDC may profit from the use of the Content on its radio station and other
platforms.
- Term. This Agreement shall commence on the date first written above and continue
until terminated by either party with written notice to the other party.
- Termination. Either party may terminate this Agreement at any time with written notice
to the other party. Upon termination, TDC shall remove the Content from its radio
station and other platforms within a reasonable amount of time.
- Representations and Warranties. Artist represents and warrants that Artist owns or
controls all rights necessary to grant the license set forth in this Agreement and that the
Content does not infringe on the intellectual property rights of any third party.
- Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the state of North Carolina, without giving effect to its conflicts of law
principles.
- Entire Agreement. This Agreement constitutes the entire agreement between the
Parties and supersedes all prior negotiations, understandings, and agreements between
the Parties relating to the subject matter hereof.
- Counterparts. This Agreement may be executed in counterparts, each of which shall be
deemed an original, but all of which together shall constitute one and the same
instrument.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written
above.