Artist Digital Album Consignment Agreement
for Services Provided via SOMUMA
SPARROWS WHEEL - SOMUMA
ARTIST DIGITAL ALBUM CONSIGNMENT AGREEMENT
This Artist Digital Album Consignment Agreement (the “Agreement”), for the purpose of consigning Artist Digital Albums to be sold via SOMUMA, a social music marketing, sales and distribution service via the Somuma website located at https://somuma.com (the Service), is entered into by the person submitting their legal name (“Consignor”) via the form located at the end of this document and Sparrows Wheel, a Texas limited liability company whose address is P.O. Box 150053, Austin, Texas 78715, (“Sparrows Wheel”) .
WHEREAS Sparrows Wheel created Somuma as a public service to provide Artist Digital Album consignment and Social Music Marketeering services for songwriters and recording artists who care about the common good.
WHEREAS the Consignor wishes to sell certain digital music albums ("Artist Digital Albums") on consignment and Sparrows Wheel wishes to sell the Artist Digital Albums on behalf of the Consignor;
THEREFORE IN CONSIDERATION of the premises, the covenants and agreements herein contained and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the parties hereto agree as follows:
1. Sale by Consignment. The Consignor hereby consigns to Sparrows Wheel the Digital Albums according to the terms and conditions set forth in this Agreement described, and as described in EXHIBIT A, and in such digital formats(s) and at such retail price as set forth therein;
2. Product Ownership. Title to, and property and ownership in all Digital Albums shall remain with the Consignor until such time as their removal may be directed in writing by the Consignor or until such time as they may be disposed of by bona fide sale.
3. Terms of Sale. Consignor agrees to consign Digital Albums for sale in the Service for a wholesale price of 50% of the retail value for each Digital Album sold via the Service, the retail value being established at $1.00 per track on the Digital Album. By example, a Digital Album containing 12 tracks will sell for a retail price of $12.00 for which the Consignor shall receive a wholesale price of $6.00.
4. Product Payments. Sparrows Wheel shall, within 30 days following the end of a month in which any sale of any of the Consignor’s Digital Albums have taken place, pay to the Consignor the agreed to wholesale price of such Digital Albums which have been sold.
5. Warranties and Indemnities. Each party respectively warrants that it has the right to enter into this agreement unencumbered and to grant the rights and perform the duties and obligations set forth herein and further warrants that no exercise of rights or performance hereunder shall violate the rights of any third party. Each party respectively agrees to hold harmless and indemnify the other for any costs and damages incurred as a result of it’s own breach of any such warranty.