• Terms of Agreement and Governing Law: The Agreement for Service (Agreement) is by and between Xceedia Limited, d/b/a Iska.space (Company), and Artist or Label (Artist). For the purpose of this Agreement, Artist shall mean legal owner or the legal representative of the owner of all copyrights, trademarks and production masters of the "cataloged work" (Work). For the purpose of this Agreement, the Work shall include any music, lyrics, sound recordings, graphics, slogans and/or any other material that is uploaded to and/or entered into the Company website by the Artist. Artist grants Company a nonexclusive, global license to promote, publicly broadcast, encode, sell, license and distribute Cataloged Work according to the terms of the Agreement. Should a dispute arise between parties to this Agreement, the parties agree to arbitrate the dispute per the rules of the American Arbitration Association and to abide by the laws of the State of Texas. Agreement represents the full agreement between parties and no other terms apply to Agreement. For good and valuable consideration, parties have agreed to the following terms:
• To provide a single web page at the Iska.space site where Artist may include biographical information, at least one photo, contact information, a list of cataloged work and the ability to stream the Artist's cataloged musical work for public listening, and a list of any cataloged non-music merchandise (ie., band swag).
• To consider placing single songs of the cataloged musical work in playlists being broadcast to the public from one of its internet radio channels.
• To offer for sale, to distribute and collect monies for sales of all cataloged musical work and cataloged merchandise, including download sales where applicable.
• That Artist may set the retail price for any Work being sold on the Company website.
• To keep detailed tracking records of all sales.
• To report music sales to Neilson Soundscan where applicable.
• To keep detailed tracking records of all internet broadcasts of cataloged work.
• To provide the Artist with a "Radio Dividend" based upon a percentage of revenue generated from radio advertisement sold by Company. Eighty-five percent of the revenue generated from the sale of radio advertisement will be distributed proportionately to any Artist whose music was broadcast over Company's Internet Radio at the time of said radio advertisement. This payment represents both the songwriting royalty and the song performance royalty. Fair distribution of these payments between songwriters, vocalists, musicians and any other entitled party will be the sole responsibility of the cataloged Artist. Radio Dividends will be calculated at least twice annually. Radio Dividends earned will be paid via Paypal at the request of the Artist.
• That in the event that one or more Company mobile devise applications are developed and distributed, any or all of the services described under sections 2-a through 2-h may be included in some or all of those applications with the additional possibility that one or more of the applications might contain a user generated playlist containing some of Artist's musical Work. If a user generated playlist is included in the application and that playlist is supported by advertising, Artist will share in that advertising revenue at the same rate as outlined in section 2-h.
• To collect on behalf of the Artist a combination songwriting-sound performance royalty from any other broadcaster who has entered into a license agreement with Company to use Artist's musical Work. Company agrees to pay Arist 85% of royalty collected for Artist's musical Work. Such royalties earned will be paid via Paypal at the request of the Artist.
• To pay Artist 85% of the retail price set by Artist for the sale of Artist's musical Work or merchandise. Sales earnings will be paid via Paypal at the request of the Artist.
• To actively search for opportunities to license Artist's musical Work to film/tv or other revenue-generating source. Company agrees to contact Artist for permission and negotiation of terms before pitching any of the Artist's Work such an opportunity.
• Artist retains ownership of the copyrights and all other rights of the intellectual property furnished by the Artist for Company's use hereunder, subject only to the non-exclusive rights granted to Company under this Agreement.
• Artist may grant similar rights to others during and after the term of this agreement.
• Artist may terminate this contract by written notice at any time. Once written notice is received, Iska.space will remove the Artist's web page and cataloging information and will remove any songs from broadcast at the end of the running broadcast cycle (no longer than 30 days after termination notice).
• To notify Artist of Amended Terms of this Agreement via email address provided by Artist.
The Artist agrees:
• That Company shall receive 15% of the retail price set by Artist for the sale of Artist's musical Work or merchandise for such sales consummated through the Company website or mobile application as compensation for services.
• That Company shall retain 15% of radio advertising revenue.
• That Company shall retain no more than 15% of the royalties collected from other broadcasters who broadcast music licensed through Company to cover administrative costs for that service.
• That Company has the right to develop and distribute one or more Iska.space mobile devise applications as outlined under section 2-h.
• To accept full responsibility for the distribution of any royalty payments received from Iska.space to the appropriate songwriters, vocalists, musicians or other entitled party.
• To provide Company with the merchandise necessary for catalog sales and broadcast preparation, in addition to the biographical information and photo necessary for the preparation of the Artist's Iska.space Internet web page.
• To provide an easily discernible Internet link from the Artist's web site, if possible, to the Artist's page on Iska.space and/or to the Iska radio station where Artist's music is broadcast
• To grant, or use their best efforts to cause to be granted, a gratis license for mechanical royalties for the use of Program in digital broadcast, transmission and/or download, if any, if such royalties might otherwise be due pursuant to 17 U.S.C. § 115 or any other international, federal, state, or local legislation, whether current or future.
• To make sure all information in Artist profile is up-to-date and accurate and that Artist email listed with Company is accurate.
• To indemnify Company in the event of any third-party liabilities incurred by Artist regardless of the source of the third-party liability, including royalty payments due to a third-party claim.
• Artist is above the age of 18 and is legally capable and competent to enter Agreement; or in the alternative Artist's legal guardian has entered into Agreement on Artist behalf.
• Iska.space has the right to terminate the Agreement at any time and at their discretion.
END OF AGREEMENT