Welcome to Sparrows Wheel.
We provide Community Digital Album production services for
Artists for Media Diversity.
Step 1 - Artist Agreement
MUSIC DOWNLOAD DONATION AND
NON-COMMERCIAL BROADCAST DISTRIBUTION AGREEMENT
This Music Download Donation Agreement (the “Agreement”) is entered into by the person submitting their legal name (“Contributor”) via the form located at the end of this document and Sparrows Wheel, a Texas limited liability corporation whose address is P.O. Box 150053, Austin, Texas 78715 (“Sparrows Wheel”), for the purpose of producing Community Digital Albums (CDA) and broadcast quality radio shows for Artists for Media Diversity, (A4MD), a 501(c)(3) tax exempt nonprofit organization.
Artists for Media Diversity is dedicated to fostering freedom of speech while promoting musical and cultural diversity through the funding of services for alternative non-commercial media sources. A4MD generates revenue to accomplish its mission through selling digital downloads of donated music via the website currently located at http://a4md.org (the “Service”). Donor, recognizing the importance of this cause, desires to donate the track or tracks set forth below for download via the Service, and for A4MD to make Donor's music available via the Service.
1. Contributor hereby contributes one hundred (100) downloads of the recording to be submitted via WAV file to A4MD for download by users of the Service. The fair market value of the contribution is $1.00 per download. Contributor agrees that the contribution is renewable until Sparrows Wheel /A4MD is notified by the Contributor that the contribution is no longer renewable, at which point the contribution will no longer be renewed. Contributor grants Sparrows Wheel / A4MD the right to allow users of the Service to stream, on demand, 30 seconds of digital audio from each Track.
2. Donor grants Sparrows Wheel / A4MD permission to digitally distribute broadcast quality audio of the Track to verified nonprofit radio stations, strictly and solely for broadcast purposes.
3. Contributor grants Sparrows Wheel / A4MD the right to publish in its Service any additional information submitted by Contributor, including but not limited to, photos, biographical information, song lyrics and Contributor’s statement of support for the organization (the “Additional Information”).
4. Contributor warrants and represents to Sparrows Wheel / A4MD that each Track and all Additional Information shall be free of any viruses, rootkits, spyware, or other code of a hidden or destructive nature.
5. Contributor warrants and represents to Sparrows Wheel / A4MD that Contributor has all rights necessary to make this contribution, including, but not limited to, full rights and privileges from any and all owners of the applicable copyrights in and to the master recording as well as the underlying composition embodied in such master recording. Contributor warrants and represents that Sparrows Wheel / A4MD shall not be responsible for any royalties or other payments to any party in connection with Sparrows Wheel / A4MD use of any Track. Contributor further warrants and represents to Sparrows Wheel / A4MD that all additional information supplied to Sparrows Wheel / A4MD in relation to this Agreement is complete and accurate.
6. Sparrows Wheel / A4MD warrants and represents the following:
A. As of the date of this Agreement, A4MD has 501(c)(3) status with the IRS, and it is a validly formed and existing entity under the laws of the State of Texas;
B. Sparrows Wheel / A4MD has full right to enter into this Agreement; and
C. All utilization of each Track shall be consistent with A4MD’s non-profit status.
D. Sparrows Wheel warrants and represents that utilization of each Track shall be for the benefit of Artists for Media Diversity and it's affiliated noncommercial radio stations, community and public media organizations.
7. Sparrows Wheel / A4MD reserves the right, in its sole discretion, to remove any content from its websites at http://a4md.org or other materials at any time.
8. Contributor and Sparrows Wheel / A4MD shall indemnify and hold one another harmless for any claims, damages, liabilities, costs, losses and/or expenses (including court costs and attorneys' fees) arising out of or in connection with any breach or alleged breach of any warranty or representation contained herein.
9. Sparrows Wheel / A4MD may subcontract out any services or sublicense rights hereunder.
10. This Agreement sets forth the entire understanding of the parties relating to it’s subject matter and supersedes any and all prior discussions, representation or understandings, whether oral or written. No provision of this Agreement may be waived or modified unless in writing, signed by all of the parties thereto. Waiver of any default, breach or failure to perform under this Agreement is not deemed to be a waiver of any subsequent default, breach or waiver.
11. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, without regard to choice of law principles. The parties agree that the sole venue for any legal actions related to this agreement shall be the state and U.S. Federal District courts situated in Travis County, Texas.
12. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.
THIS AGREEMENT will be deemed to have been executed by the parties upon the date Contributor submits Agreement via the web form below to Sparrows Wheel.