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Music Publishing and Royalty Collection Services Addendum

THIS MUSIC PUBLISHING AND ROYALTY COLLECTION SERVICES ADDENDUM (the “Addendum”), is entered into by and between Extreme Reach, Inc. and its Affiliates, a Delaware corporation (“XR” or “Party”), located at 66 Hudson Boulevard East, Suite 2110, New York, New York 10001, and the Customer listed in the applicable Order Form ("Customer" or "Party") and explicitly modifies the Platform Terms and Conditions (the “Terms”) entered into between the Parties. If there is any inconsistency between the terms of this Addendum and the Terms with respect to the services hereunder, the terms of this Addendum shall prevail. If there is any inconsistency between the terms of this Addendum and the Order Form with respect to the services hereunder, the terms of the Order Form shall prevail.

  1. Services. Customer hereby engages XR, on a non-exclusive basis, to provide Music Publishing and Royalty Collection Services.
  2. Publisher. For all musical works ("Music") covered hereunder, Customer will grant XR the right to publish such Music only as described herein.
  3. Authority. XR acknowledges that Customer is the owner of the musical works covered by this Addendum. Customer will cooperate to provide to XR all information required by XR with respect to Customer’s Music in order for XR to provide its services hereunder. XR and Customer, to the best of their knowledge, represent and warrant that the entering and performing of this Addendum are duly authorized, lawful and not in contradiction of the rights of any other person.
  4. Licensing. As Publisher, XR will license the Music through the American Society of Composers Authors and Publishers (“ASCAP”), Broadcast Music Inc. (“BMI”) or SESAC Inc. (“SESAC”), based on the affiliation of the composer of the Music with such society.
  5. Use Information. Customer will provide XR with use information, as required, for the commercials containing the Music covered hereunder.
  6. Performance Rights. XR will report all Music use, based solely on the information provided by Customer, to ASCAP, BMI or SESAC as appropriate. Based on such report, XR will collect all non-dramatic public performance rights due Customer for such use during the term of this Order Form.
  7. Payment to Customer. XR will pay Customer all rights collected, after deducting XR’s fee as set forth in the Rate Card. Payment to customer shall be no later than ninety (90) days after receipt of Music royalties by XR to be accompanied by a report from XR summarizing the collection activity with regard to each of Customer’s Music.
  8. Rights to Composition. Customer will use reasonable and customary industry procedures to contract with its suppliers for the rights to publish all Music covered hereunder.
  9. ASCAP/BMI/SESAC. XR is a member of ASCAP, BMI and SESAC and shall remain a member so long as this Agreement is in force. XR and Customer shall abide by the applicable provisions of their societies.