Welcome to the
Track10 Artist Management Tools
. Track10 is for Christian Artists who live in the Northwest or who have Northwest roots, but may currently be living elsewhere. Before you get started, you may want to refer to the
Artist FAQ Sheet
to answer any questions you may have regarding Track10. The next step is to sign up and create a Track10 user name and password. Then you can start creating your personal band website and uploading your songs, bio and photos. Already a user?
Click here to login to the controlpanel.
PERSONAL / BAND INFORMATION:
Tell us about your self and how we can contact you.
Artist/Band Name:
Full Name:
Email:
Address:
City:
State:
Zip:
Phone:
ACCOUNT CREATION:
Create your user account info. You user name
must
contain only letters and must be between 6 and 25 characters long. Your password
must
be between 6 and 16 characters long and contain at least one number.
User Name:
You user name
must
contain only letters and must be between 6 and 25 characters long and cannot contain spaces.
Password:
Your password
must
be between 6 and 16 characters long and contain at least one number and cannot contain spaces.
TRACK10 WEB SITE CONTENT LICENSE AGREEMENT:
Read through the agreement and select the
I agree
button below in order to complete your signup process.
TRACK10 WEB SITE CONTENT LICENSE AGREEMENT _____________________________ WHEREAS, Seven17 Records, LLC has established a web site at www.Track10.com <http://www.track10.com/> (the “Site”) for purposes of promoting and distributing Christian and certain crossover music artists and recordings. This Web Site Content License Agreement (this “Agreement”) is made and entered into as of the day Artist clicks its acceptance of the terms and conditions of using the Site (the “Effective Date”), by and between Seven17 Records, LLC, a Washington limited liability company with offices at 13228 NE 20th Street, Suite 300, Bellevue, WA 98005 (the “Company”). By clicking below you represent and agree that you have the authority to enter into this Agreement for Artist. Company and Artist are referred to in the singular as “party,” or collectively as “parties.” In consideration of the promises contained herein and the mutual benefits that will flow therefrom, the parties, intending to be legally bound, agree as follows: 1. Definitions a. Content. The Site will incorporate certain materials and works of authorship provided by Artist that may include, without limitation, music recordings and music compositions (“Artist’s Music Content”) and other works of authorship, data, information, personal likenesses of Artist, trademarks, images, illustrations, graphics, multimedia files and/or text, and any other written or machine-readable expressions of such works fixed in any tangible media (“Artist’s Other Content;” Artists Music and Other Content together are hereinafter referred to as “Artist’s Content”). The Site will also incorporate materials provided by the Company, including, without limitation, musical recordings and musical compositions, computer software (in object or source code form), script, programming code, data, information, HTML code, trade or service marks, images, illustrations, graphics, multimedia files, and/or text (“the Company’s Content”). b. Marks. The term “Marks” shall mean any logo, trade or service marks, trade names, and proprietary designations or expressions appearing on the Site. c. Derivative Work. The term “Derivative Work” shall mean a work created by the Company that uses, is based on or incorporates the Artist’s Musical and Other Content or any part thereof, including translations, adaptations, condensations, improvements, updates, enhancements, or any other form in which the Artist’s Content or any part thereof may be recast, transformed, adapted or revised, except that the Company shall not alter, amend, adapt, change, revise, abridge, condense, enhance, or impose special effects of any kind upon Artist’s Music Content. 2. Posting of Artist’s Content; Artist’s Obligations a. Submission to the Company. You will submit your Content to the Company for posting on the Site in the form of media, format, and specifications, and on the schedule, requested by the Company in its sole discretion. The Company may accept or reject any or all of your Content for any reason in its sole and absolute discretion at any time during the term of this Agreement. b. Posting of Artist’s Content. For your Content that is accepted, the Company will make reasonable commercial efforts to post it on the Site in a timely manner, and to provide essential functionality on the Site to allow Site visitors access to your Content. i. Artist’s Page. The Company will accommodate an Artist’s page on the Site. Artist’s page shall not (i) associate the Site with any advertising or sponsorship not part of the Site or otherwise incorporate the Site or its contents into a third-party site; (ii) alter, block or otherwise prevent display of any content of the Site; (iii) be obscene, defamatory, harassing, grossly offensive, or malicious; or (iv) contain or link to an active online bulletin board or chat room. You may submit material to the Company for inclusion in your page on the Site, but the Company may accept or reject your page in its sole and absolute discretion. The Company shall have the right to reject any changes to your page after it is posted. Content submitted by Artist may be used by the Company for the purposes contemplated by the Agreement and the Company shall have no obligation to retain, return or store the Content. ii. eCommerce Functionality. As of May 1, 2006 the Company will no longer provide download services, paid or free, to visitors to the Site. Artists may provide links on their Artist Page to third party sites where visitors may purchase Artist’s music. Artists may not provide advertising for any other products other than the link. iii. Linking. Artist and the Company agree to provide reciprocal links between the Artist’s web site and the Site. The parties each grant to the other a nonexclusive, limited, revocable and royalty-free license to provide a hypertext reference link to the initial, top-level display of the sites’ home pages solely for purposes of linking the two sites. The Company grants to Artist a nonexclusive, limited, revocable, license to use the Track10 name and Marks solely for the purpose of creating and describing Artist’s link to the Site. Artist grants to the Company a nonexclusive, limited, revocable, license to use Artist’s name and Marks solely for the purpose of creating and describing the link from the Site to Artist’s site. Each party shall properly and accurately display the other’s name and Marks in connection with any display and description of links visible on its site. c. Copyright Notices. The Company shall display Artist’s copyright and trademark notice as supplied by the Artist in writing in connection with the Company’s use of Artist’s Content or Derivative Works therefrom. The Company shall display third-party copyright and trademark notices if notified by Artist in writing of any requirement to do so. d. Artist’s Obligations. Artist shall make reasonable efforts to assist the Company in promoting the Site. Artist shall keep its Artist’s page on the Site reasonably current. 3. License In consideration of the mutual promises contained in this Agreement, Artist grants to the Company and its successors and assigns, and the Company accepts from Artist, non-exclusive, irrevocable, worldwide licenses, for the Term of this Agreement and solely in connection with, and limited to operation of the Site for its current and intended purposes, as set forth below. a. Use of Artist’s Content. You hereby grant the Company the right to exhibit, publish, copy, and prepare Derivative Works from and use the your Content on and in the Site; and to display Artist’s Marks on or in association with your Content or any Derivative Work on and in the Site; b. Streaming Artist’s Music Recordings. For purposes of streaming some, all or portions of your music recordings on the Site, you hereby grant the Company the right to produce and make available to Site visitors digital streams of your music recordings. c. Third-party Rights in Artist’s Content. If you do not own all right, title and interest in and to the copyrights in any element of the your Content or Marks, including any music recording or composition, photo, illustration, text, logo, or other material subject to the licenses granted in this Section 3, or if you have granted permission or authority to any third party, including record labels and music performing rights societies such as BMI or ASCAP, and including music publishers and composition licensing agencies such as the Harry Fox Agency, to issue licenses for use of any element of your Content or Marks: i. You shall so notify the Company in writing. The notice (“Artist’s Notice”) shall also identify all other parties known to you, after reasonable effort to discover their identity, who hold any right, title and interest in and to the copyrights in any element of Artist’s Content, or to whom you have granted permission or authority to issue licenses to use any element of Artist’s Content. Artist’s Notice shall also include the contact information for each such third party, and a description of the nature of each third party’s interest or authority in or over Artist’s Content. ii. You shall make best efforts to obtain permission from third parties identified in Artist’s Notice to use Artist’s Content as contemplated under this Agreement. Such permission shall be in writing, shall be of sufficient scope and duration to cover the uses contemplated in this Agreement, and shall be delivered to the Company as required of other notices under Section 9.e., below. The Company may accept or reject any written permissions of third parties provided by you in its sole and absolute discretion. iii. The Company may undertake to obtain third-party permissions if Artist is unable to obtain them as described in Subsection 3.c.ii., above. iv. The Company shall have sole and absolute discretion in deciding whether any third-party permissions obtained under this Subsection 3.c. are sufficient, and it shall have no obligation to use any element of Artist’s Content if it determines its authority to do so is incomplete or unsatisfactory. You acknowledge and agree that the Company may rely on the accuracy of Artist’s Notice and any third-party permissions provided by you in making its determination, and that the Company has no obligation to verify information contained in Artist’s Notice or in third-party permissions obtained and delivered to the Company by you. d. Preservation. You shall not assign, transfer, impair, harm or affect any right in or to Artist’s Content or Marks that Artist has granted and transferred to the Company hereunder. 4. Warranties and Disclaimer a. Artist Warranty. You warrant to the Company that (i) you are the owner and/or author of, and owns and can grant licenses to use, Artist’s Content and Marks; (ii) no part of Artist’s Content or Marks are subject to any dispute or claim, prior license or other agreement, assignment, lien or rights of any third person, or any other rights that might interfere with the Company’s use of Artist’s Content or Marks as contemplated in this Agreement; and (iii) no part of Artist’s Content or Marks actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract, privacy or tort right of any person or entity. b. Additional Warranty. Each party represents and warrants that it has been advised of its right to seek legal counsel of its own choosing in connection with the negotiation and execution of this Agreement, and each party has either done so or voluntarily waived its right to do so. The parties hereby agree to execute any further documents and do all acts necessary to fully effectuate the terms and provisions of this Agreement. c. Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTION 4(a) AND (b), THE PARTIES MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, CONCERNING THE SUBJECT MATTER OF THIS AGREEMENT. 5. Limitation of Liability a. No Personal Liability. Each action or claim against any party arising under or relating to this Agreement shall be made only against such party as a corporation or limited liability company (if applicable), and any liability relating thereto shall be enforceable only against the assets of the corporation or limited liability company of the parties. No party shall seek to pierce the corporate veil or otherwise seek to impose any liability relating to, or arising from, this Agreement against any shareholder, member, employee, officer, director or agent of the other party. Each such person is an intended beneficiary of the mutual promises set forth in this subparagraph and shall be entitled to enforce the obligations or provisions of this Section. b. No Special Damages. EXCLUSIVE OF LIABILITY UNDER SECTION 7 (INDEMNIFICATION), IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR ITS SUBJECT MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 6. Indemnification Each party shall indemnify, defend, and hold the other party harmless, including its directors, members, officers, employees, control persons and agents, with respect to any claims, demands, causes of action, debt or liability, including attorneys’ fees and court costs, to the extent that it is based upon a claim that: (i) if true, would constitute a breach of any of the indemnifying party’s representations, warranties or agreements hereunder, (ii) arises out of the negligence or willful misconduct of the indemnifying party, or (iii) arises or results from materials furnished by or caused to be furnished by the indemnifying party. 7. Term; Termination a. Term. The term of this Agreement shall commence on the Effective Date and shall continue thereafter for as long as any Artist Content is posted on the Site, or until earlier terminated. b. Termination. This Agreement may be terminated: (i) by either party in the event a party commits or permits any other breach of this Agreement and shall fail to remedy such breach within thirty (30) days after written notice of such breach is given by the non-breaching party; (ii) by either party in the event a party petitions for reorganization, readjustment of rearrangement of its business or affairs under any laws or governmental regulations relating to bankruptcy or insolvency, or is adjudicated a bankrupt or if a receiver is appointed for either party, or if either party makes or attempts an assignment for the benefit of creditors, or is unable to meet its or their obligations in the normal course of business as they fall due; (iii) by either party in the event a party ceases to do business for any reason; or (iv) by the Company, without notice, if (aa) Artist requests that its presence on the Site be discontinued, a key member of Artist’s group or band leaves the group or band and it ceases to perform, make appearances, and/or record, or there are other material changes in Artist’s plans or ability to perform or record, or (bb) Artist has not updated, changed or refreshed its presence on the Site for a period of six months or more, or (cc) Artist, in the Company’s sole discretion and judgment, does not uphold, practice, represent or reflect the moral and ethical standards generally expected of Christian music artists. Except as expressly provided otherwise in this Section 7, each party agrees to give the other party prompt notice in accordance with Section 8e hereof if any of the conditions or events above occur. c. Rights and Obligations Upon Termination. Upon termination or expiration of the Agreement, the Company shall cease all use of Artist’s Content, Derivative Works and the Artist’s Marks, and shall thereafter destroy any and all copies of magnetic tapes or other machine-readable material containing the Artist’s Content as delivered by Artist. 8. General a. Independent Contractors. The parties and their respective personnel are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other party. b. Assignment. Artist may not assign its rights, duties or obligations under this Agreement to any person or entity, in whole or in part, without the prior written consent of the Company. c. Waiver. No waiver of any provision hereof or of any right or remedy hereunder shall be effective unless in writing and signed by the party against whom such waiver is sought to be enforced. No delay in exercising, no course of dealing with respect to, or no partial exercise of any right or remedy hereunder shall constitute a waiver of any other right or remedy, or future exercise thereof. d. Severability. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent deemed to be omitted, and the balance of the Agreement shall remain enforceable, unless the essential purpose of the Agreement becomes defeated. e. Notice. All notices shall be in writing and shall be deemed to have been delivered when received by certified mail, postage prepaid, return receipt requested, or when sent by facsimile or email confirmed by call back or by electronic receipt. All notices shall be directed to the parties at the respective addresses given above or to such other address as either party may, from time to time, designate by notice to the other party. f. Amendment. Except as necessary in the Company’s good faith judgment to revise operations of the Site as necessary under changing business circumstances, regulations, or comparable conditions, no amendment, change, waiver, or discharge hereof shall be valid unless in writing and signed by both parties. If the Company amends this Agreement under this Section 8 without a writing signed by both parties, it shall promptly post such changes on the Site, and notify Artist by email or otherwise of such amendment. g. Law. This Agreement shall be governed by the laws of the State of Washington without regard to its conflict of laws provisions. h. Survival. The respective rights and obligations of the parties under Sections 3, 4, 5, 6, 7, 8 and 9L shall survive any termination or expiration of this Agreement. i. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes. j. Entire Agreement. This Agreement constitutes the complete and exclusive statement of all mutual understandings between the parties with respect to the subject matter hereof, superseding all prior or contemporaneous proposals, communications and understandings, oral or written. k. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument. l. Confidentiality. If either party acquires any knowledge of any trade secrets or confidential matters or information of the other party during the course of performance of this Agreement, each party agrees to keep secret all such trade secrets and confidential matters and information, and shall not disclose such trade secrets and confidential matters and information to any third parties, except as required by law or court order after written notice to the Company, or except with the written consent of the other party. Each party agrees to exercise its best efforts to make its employees and agents, if any, comply with this requirement. This obligation shall apply during the term of this Agreement, and shall survive its expiration or termination for a period of two years. For purposes of this Agreement, the term “trade secrets” shall bear the meaning given it by law and by common usage in the industry, and the term “confidential information” means all information, not generally known to the public, that relates to the business, technology, customers, customers’ finances, plans, music and other works, proposals or practices of the party, or any third parties doing business with the party. Confidential information also includes information that should reasonably have been understood by the recipient, because of markings, legends circumstances of the disclosure, or the nature of the information itself, to be proprietary and confidential to the disclosing party. In using the term “confidential information,” the provisions of this paragraph shall apply to every form in which information shall exist, whether written, film, tape, computer disk or other form of media. As used herein, Artist’s business is authoring music compositions and recordings, and the Company’s business is music recordings and related works and products, including merchandizing and management of media and other businesses, and the development of musical works and artists generally. m. Disputes. Any claim, controversy, or dispute arising out of or relating to this Agreement shall be settled by arbitration in Bellevue, Washington, under the applicable rules of the American Arbitration Association by a single arbitrator, and judgment upon the arbitrator’s award may be entered in any court having jurisdiction thereof. Any demand for arbitration shall be made within a reasonable time, and in no event after the date when institution of legal or equitable proceedings would be barred by the applicable statute of limitations. The parties agree that they shall be subject to the jurisdiction of the courts located in King County, Washington, and that venue for any legal action or proceeding shall be in King County, Washington. The prevailing party in the arbitration or any legal action or proceeding shall be entitled to reasonable costs and expenses, including attorney’s fees. By clicking the “I ACCEPT” button you hereby agree to all terms and conditions included herein.
I AGREE TO THE
TRACK10 WEB SITE CONTENT LICENSE AGREEMENT
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TRACK10 WEB SITE CONTENT LICENSE AGREEMENT
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Track10
. All Rights Reserved.
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