Terms and Conditions

1. Agreement: You ('Client') and EmuBands Ltd, Suite 1.08, Hillington Park Innovation Centre, 1 Ainslie Road, Glasgow, G52 4RU ('EmuBands') hereby enter into an agreement solely for the sale and distribution of downloads of Recordings through the Digital Services. For purposes of this Agreement, the term 'Recordings' shall mean all recordings embodied in all releases delivered to EmuBands Ltd and the term 'Artwork' shall mean the artwork supplied by Client to EmuBands to accompany the Recordings.

2. Territory/Term: The Territory shall be the World. The Term shall commence on the date hereof and shall continue until the service by Client of a Notice To Terminate the Term. Such Notice can be serviced by Client at any time during the Term. Any such Notice shall be considered to Terminate the Term of this Agreement after a 30 (thirty) day period from the date of such Notice.

3. Ownership/Rights: As between Client and EmuBands, Client owns the Recordings and all rights not expressly granted to EmuBands hereunder are hereby reserved by Client. Client grants to EmuBands the non-exclusive right to sell the Recordings via the Digital Services during the Term in the Territory (and the non-exclusive right to use the Artwork and Client's name, approved likeness and approved biographical information in connection there with).

4. Warranties and Representations: Client warrants and represents that EmuBands' exploitation of Recordings and Artwork as contemplated hereunder will not violate the rights of any third party or the law. Client warrants and represents that Client will pay all monies payable to all parties having rendered services or otherwise in respect of the Recordings and Artwork (including, without limitation, artist and producer royalties, mechanical royalties, and union costs). Client shall indemnify and hold EmuBands harmless from any and all claims, liabilities, costs, losses, damages or expenses, including reasonable outside attorney's fees, incurred by EmuBands by reason of Client's breach of the warranties contained herein.

5. Net Receipts/Accountings: EmuBands shall account for and pay to Client 100% of EmuBand's receipts from sales of Recordings via the Digital Services and EmuBands shall retain 0% of such receipts. EmuBands shall render to Client statements via the Artist's user account on a best endeavours basis within 20 working days of receipt of statements from each Digital Service and EmuBands shall pay Client all monies claimed by Client via the Client's user account within 10 working days of Client requesting payment subject to sufficient funds being received by EmuBands from the Digital Services. If insufficient funds have been received by EmuBands from the Digital Services then payment from EmuBands to Client will occur once sufficient funds have been received by EmuBands from the Digital Services. All amounts accounted by EmuBands to Client will be inclusive of VAT where applicable. For the avoidance of doubt this means that if Client is required to pay VAT then the relevant VAT amount will be a deduction by Client from the amounts accounted to Client by EmuBands, and Emubands will not be liable to make any additional payment to Client or HMRC in respect of VAT or otherwise. Payments from EmuBands to Client made by Bank Transfer to a UK bank account shall be subject to a £1 (One Pound) administration charge. Payments from EmuBands to Client made by Bank Transfer to a non-UK bank account will be subject to an administration charge to be communicated to and accepted by Client before such payment takes place. No such administration charge shall be applied for payments made via PayPal. Client may, only once and after the Term has expired, review accountings received by EmuBands to confirm the accuracy of statements provided to Client hereunder.

6. Payment: Client shall be required to pay to EmuBands the sum of £24.95 for Distribution of a Single to the Digital Services, £34.95 for the Distribution of an EP to the Digital Services and £49.95 for Distribution of an Album to the Digital Services. For the purpose of this Agreement a Single shall mean up to two tracks embodying Client's Recordings. For the purpose of this Agreement an EP shall mean up to five tracks embodying Client's Recordings. For the purpose of this Agreement and Album shall mean six or more tracks embodying Client's Recordings. For the purpose of this Agreement, Products do not need to match exactly any physical CD equivalent for sale by Client via traditional so called Bricks and Mortar Record Stores, be they so called EPs, Albums or Singles. All Payments made by Client to EmuBands must be completed and cleared before Distribution of Client's Products will take place. Payment can be made via PayPal or by Cheque made payable to EmuBands Ltd and posted to the address herein. If paying by Cheque, Client must make Client's performing name e.g. Artist Name clear on all correspondence accompanying such Cheque.

7. Username & Password Confidentiality: Client's membership shall include access to restricted areas of the EmuBands Website via a username and password chosen by Client during the Sign Up process. Client is responsible for maintaining the confidentiality of Client's username and password and for restricting access to Client's computer to prevent unauthorised access to your account. Client agrees to accept responsibility for all activities that occur under Client's username and/or password. Client should take all necessary steps to ensure that the password is kept confidential and secure and should inform EmuBands immediately if Client has any reason to believe that Client's password has become known to anyone else, or if the password is being, or likely to be, used in an unauthorised manner. EmuBands reserves the right to refuse access to the website, terminate accounts and remove or edit content.

8. Data Changes: Any changes required to Client's data after the release has been distributed shall be subject to a £10 (Ten Pounds) charge. Any changes required to Client's data before the release has been distributed are not subject to any charge. Any such requests made prior to distribution shall be carried out by Client. If Client cannot make such changes due to data being finalised Client should send an e-mail to EmuBands requesting that the data be unfinalised to allow changes to be made.

9. Mechanical Royalties: Client will be responsible for paying Mechanical Royalties arising from any sales in the United States of America from the royalties received from EmuBands. EmuBands will use its best endeavours to assist Client in calculating the amounts due. For the avoidance of doubt Mechanical Royalties arising from any sales outwith the United States of America are deducted at source unless otherwise notified to Client by EmuBands.

10. Notices/Miscellaneous: All notices to either party shall be in writing and delivered personally, or sent certified mail, postage prepaid, return receipt requested, at the party's address first above written. All notices to EmuBands shall be sent Attn: Head of Business & Legal Affairs. EmuBands shall have the right, at its election, to assign this Agreement in whole or in part to a third party. EmuBands Ltd will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control. This agreement has been entered into in Scotland and the validity, construction, interpretation and legal effect of this agreement shall be governed by the laws of Scottish Courts applicable to contracts entered into and performed entirely within Scotland.

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