SPARROWS WHEEL
MUSIC DOWNLOAD CONTRIBUTION AGREEMENT
Camp of the sacred stones

 

Posted December 12, 2016

    This Music Download Contribution Agreement (the “Agreement”) is entered into with Sparrows Wheel, a Texas limited liability corporation, address P.O. Box 150053 Austin, Texas 78741, for the purpose of providing public service in support of community organizations and the people they serve.


PREAMBLE

Dear LaDonna Bravebull Allard and Camp of the Sacred Stones, 

Inspired by your indomitable bravery, unyielding resiliency and steadfast determination to stop the Dakota Access Pipeline;  

In honor of the Standing Rock Sioux Tribe, all Tribal Nations, Community Organizations and Peoples of the Earth who stand in solidarity with the nonviolent and sacred movement for indigenous rights and environmental justice initiated by you at the Camp of the Sacred Stones in April of 2016;

We, songwriters and recording artists, desire to contribute our music in support of your initiative to protect the water and the ancestral lands for the people now living and for the generations to come.

May our contributions of music downloads assist in sustaining a global continuity of awareness of your bravery, resiliency and nonviolent determination to stop the Dakota Access Pipeline, as well as raise funds for the Camp of the Sacred Stones to utilize in achieving the benefit of all living beings.

Mitakuye oyasin (All my relations)

      Whereas Sparrows Wheel LLC, a Texas Limited Liability Corporation, provides creative solution services for Songwriters, Recording Artists and Community Organizations;

    Whereas Sparrows Wheel encourages Songwriters and Recording Artists in harmony with the values of a Community Organization’s mission, goals and philosophies to donate music downloads to Community Organizations for the dual purpose of raising public awareness of and funds for Community Organizations;

    Whereas Sparrows Wheel provides a public service (“Service”) to Community Organizations facilitating the sales, marketing and distribution of music downloads enabling Organizations to receive funds from the sales of music donations it has received;

    Whereas many Songwriters and Recording Artists have indicated their support of the Standing Rock Sioux Tribe’s opposition to the Dakota Access Pipeline;

    Therefore, Sparrows Wheel has taken the initiative to create a Community Digital Album Project titled “Swimming In Blackwater” for Songwriters and Recording Artists who stand ready to contribute music downloads for the Camp of the Sacred Stones and to facilitate sales, social music marketing and distribution of music downloads enabling 100% of the net funds generated from the project becoming payable to the Camp of the Sacred Stones.


AGREEMENT

1. Contributor hereby contributes one hundred (100) downloads of the recording to be submitted via WAV file to SPARROWS WHEEL for download by users of the Service.  The fair market value of the contribution is $0.99 per download. Contributor agrees that the contribution is renewable until Sparrows Wheel 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 the right to allow users of the Service to stream, on demand, 30 seconds of digital audio from each Track.  

2. Contributor grants Sparrows Wheel 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”).

3. Contributor warrants and represents to Sparrows Wheel that each Track and all Additional Information shall be free of any viruses, rootkits, spyware, or other code of a hidden or destructive nature.

4. Contributor warrants and represents to Sparrows Wheel 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 shall not be responsible for any royalties or other payments to any party in connection with Sparrows Wheel’s use of any Track.  Contributor further warrants and represents to Sparrows Wheel that all additional information supplied to Sparrows Wheel in relation to this Agreement is complete and accurate.

5. Sparrows Wheel warrants and represents that utilization of each Track shall be for the sole benefit of the Camp of the Sacred Stones. 

6.  Sparrows Wheel performs sales and distribution services via CD Baby and agrees to it's CD BABY Member Agreement (https://members.cdbaby.com/membercontract.aspx) to use the "CD Baby Free" digital download sales services via the CDBaby.com website provided by CD Baby.  SPARROWS WHEEL is NOT registered, WILL NOT register, and does NOT utilize "CD Baby Digital Distribution" services to third party distributors (such as iTunes, Amazon and others);  SPARROWS WHEEL is NOT registered, WILL NOT register, and does NOT utilize"CD Baby Sync Distribution Services" (such as Spodify, Pandora, YouTube and others);  SPARROWS WHEEL is NOT registered, WILL NOT register, and does NOT utilize CD Baby "Publishing Administration Services";  therefore CD Baby's Digital Distribution Addendum, Sync Distribution Addendum and Publishing Administration Addendum of the CD Baby Member Agreement DO NOT APPLY and WILL NOT APPLY to the services Sparrows Wheel provides to recording artists contributing music downloads for the purpose of providing benefit to the Standing Rock Sioux Tribe's Dakota Access Pipeline Fund.

7.  Sparrows Wheel reserves the right, in its sole discretion, to remove any content from its websites at http://sparrowswheel.com and http://somuma.com or other materials at any time.

8. Contributor and Sparrows Wheel 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 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.

Artist Name *
Artist Name
Enter the Song Title for the WAV file of the sound recording you will be submitting to Sparrows Wheel.
Enter your full legal name.

Now for Step 2

Contribute Music Downloads
Provide information about the Artist and the Song