Last updated: 10-20-2009

The Royalty Agreement

The Royalty and Promotion Program

NoticeWe can only offer the Promotion and Royalty Program to you if you own the worldwide recording rights in all of the content that you upload.
  1. When you upload music or videos you automatically confirm that you have the permission to upload all of your content and make it available worldwide without any restriction or that you have obtained permission to do this from the relevant rightsholder(s).

  2. Juuger.com may use your audio tracks solely for its internet radio streaming (no payment)(all streaming is in full length) and on-demand service (download) worldwide. If you make tracks available for free download you won`t receive any form of royalty payment.

  3. Juuger.com may use your videos solely for its internet video streaming (no payment) (all streaming is in full length) and on demand service (download) worldwide. If you make any video available for free download you won`t receive any form of royalty payment.

  4. Juuger.com will pay royalties for its on demand service (download) of any musical compositions or video directly to the person that has uploaded and claimed the rights to the content. To receive payment you must have a PayPal-account.

  5. Juuger.com does not claim any ownership rights in your content. You will continue to own Your Content and can use it in any way that you choose.

  6. You or Juuger.com can terminate this agreement at any time by: (a) You removing your content using the facility provided by the Juuger.com service; or (b) Juuger.com deleting or making the content unavailable. Juuger.com does not have to explain why this is being done and can do so without prior notice and at its sole discretion.

The Parties Agree as Follows:

This Agreement sets out the terms agreed between You and Juuger.com on the basis that:

- Juuger.com intends to promote and sell music and videos over the internet. The music you upload will be available for free listening on Juuger Radio (Juuger.com`s player/s) and in community profiles (our social network). Videos will be available for free streaming on our video player/s and in community profiles (our social network). The music and videos You upload will also be available on affiliated outlets, such as third party software client applications, widgets, blogs and social networks and third party hardware applications (for example internet radio players, media adapters and other hardware where music can be played.

- You own or have the right to exploit and to grant a worldwide licence to Juuger.com to use the music videos, sound recordnings (and, where you choose to make Your Content available for free downloads on the Juuger.com service, the underlaying musical compositions and lyrics) and any performance of any artist and/or performer embodied in Your audio track or video, together with any artwork and sleeve notes which You upload and provide to Juuger.com (together, "Your Content").

1. GRANT OF LICENCE

1.1. Your Content

By uploading Your Content, You grant to Juuger.com a non-exclusive licence (including the right to sub-license for all purposes related to the Juuger.com service (such as, for example, embedding the Juuger.com player on third party websites or as personal blogs)) throughout the world to:

a) communicate and make Your Content available on the Juuger.com service; and

b) to copy and otherwise exploit Your Content as necessary for all purposes associated with the Juuger.com sevice.

1.2. Reserved Rights

All rights and licences not expressly granted to Juuger.com under this Agreement are reserved by You. Ownership of Your Content shall remain with You or Your licensors.

2. DELIVERY

The only way you can deliver Your Content is to upload it using the facility provided by Juuger.com service.

3. TERM

3.1 - This Agreement and your right to share in royalties from the download (on demand) of Your Content shall start on the date that You upload Your Content to Juuger.com using the facility on the Juuger.com service, and shall continue from then until such time as You or Juuger.com terminate this Agreement by:

a) You removing Your Content using the facility provided by the Juuger.com service; or

b) Juuger.com making Your Content unavailable or deleting Your Content. Note that Juuger.com do not have to explain why this is being done and do not have to give any prior notice.

4. WARRANTY

You warrant and represent to Juuger.com that:

a) the information that You have provided to set up Your Music Manager account is true, accurate, current, complete and is compliant with the Website Terms of Service and Privacy Policy;

b) You are the owner or authorised user of Your Content throughout the world and have obtained all necessary rights, clearances, consents, releases, waivers, and authorisations in respect of Your Content;

c) You have full right and authority to enter into this Agreement and grant the licence at clause 1.1

d) There is no present or prospective claim or litigation in respect of Your Content;

e) The use by Juuger.com of Your Content shall not infringe the rights of any third party;

f) You have cleared all rights and made all payments due to any performing artist, collecting society, producer or contributor to Your Content (including but not limited to music synchronisation clearances and fees, where applicable), that such payments are equitable in accordance with relevant legislation and that no further payments shall be payable by Juuger.com; and

g) Your Content will not contain any contaminated file, viruses, worms, Trojan horses or other similar harmful or destructive code or program.

5. RIGHTS IN THE CONTENT

5.1 - In order to be paid any royalties outside the Juuger.com service You should join Your local collection society and register Your Content with them.

5.2 - You agree that the acceptance by Juuger.com of Your Content for inclusion on the Juuger.com service and the payment of any royalty (where applicable) represents the entire consideration for the grant of the licence at clause 1.1 above.

5.3 - If You want to receive payment for the download of Your Content on the Juuger.com service, You can do so by logging on to Your Account and choose "edit videos" or "edit music". Here you can choose if the uploaded Content shall be available for free download or for sale. Mark that royalties is just paid for downloads that is not set as "free download". Any change will only become effective from the date on which You make the change in your settings.

6. INDEMNITY

You hereby indemnify and will at all times keep Juuger.com, its parent corporation, officers, directors, employees and agents, fully and effectively indemnified from and against all actions, proceedings, claims, damages, obligations, costs and losses whatsoever made against or incurred by Juuger.com in consequence of any breach or non-performance by You of any of the representations, warranties or covenants on the part of Juuger.com contained in this Agreement.

7. ROYALTY SHARE

Juuger.com will pay You royalties from making Your Content available for download (not if the Content is set as free download) on Juuger.com service:

a) For the on-demand service, 50 % of the Share of Juuger.com`s Net Revenue from the on-demand service. Note that Juuger.com is free to decide the prices for the download (on demand) of Your Content and the royalty share in this agreement.

b) No royalty shall be payable by Juuger.com for any promotion play (free streaming of music and video) in Juuger Radio, Juuger video or any player like this on Juuger.com or other websites where this players are mirrored.

In this section:
"Share" means a share from every download, number of times Your Content is downloaded from the Juuger.com service (on-demand) and the users have paid for this download.

7.2 - Where Juuger.com discovers a duplicate item of Your Content, Juuger.com shall only be liable to pay a royalty to the party who has registered the account in which the purchased Content originated. If you believe someone has uploaded your audio tracks or videos to the Juuger.com service without your consent, you may notify Juuger.com by clicking the redflag-button next to the Content. Juuger.com will inform the owner of the account.

7.3 - Royalties shall only start to accrue from the Launch Date (as defined in clause 3.1) provided that You have accepted these terms and conditions. Juuger.com shall not be liable to You or a third party for any retrospective use of Your Content on the Juuger.com service or for any royalties that are or have been incorrectly paid by Juuger.com to any third party who claimed ownership of Your Content.

7.4 - The minimum royalty amount payable is US $50.00. Where the amount in any given month does not amount to the Minimum Royalty, the sums due to You shall accrue until the amount owing is at least the Minimum Royalty. If the amount collected is less than the minimum royalty payable you can demand to get the amount paid against a US $ 10 fee. The fee will be deducted directly from the collected royalties.

7.5 - The paying of royalties shall only be made following a written request from You via the Music Manager system. The payment can just be done to the person identified as the owner of the account (profile on Juuger.com). Payments shall be paid 30 days after the end of each quarter via a payment method chosen by Juuger.com in its sole discretion at the time through PayPal (You must have a PayPal-account).

7.6 - Juuger.com shall have discharged its obligation to pay royalties pursuant to clause 7.5 by paying the amount to the Registered Payee. Juuger.com shall have no further liability in this regard. It is Your responsibility to make sure that the Registered Payee details are correct.

7.7 - You can use royalties that have accrued to You to purchase music and videos from Juuger.com and to pay for your talent profiles or to promote Your content at any time, even where the amount is less than the Minimum Royalty.

7.8 - Payments will be converted from US dollars to Your local currency when the payment is made to your bank account. Juuger.com is not responsible for any fee taken by banks or other institutions.

7.9 - You shall be able to access information online [via the Music Manager system] detailing how many times Your Content is played and the royalty payments due to You. This information will be updated in reel time.

7.10 - If this Agreement is terminated by You or Juuger.com for any reason, any royalties of the Minimum Royalty or over owing to You shall be paid in full 30 days after the end of the calendar month in which the Agreement is terminated. Any royalties owing to You that are less than the Minimum Royalty shall be credited to You for the purchase of Juuger.com products on the Juuger.com service.

8. FREE DOWNLOADS

Juuger.com gives You the opportunity to make Your Content available for free download on the Juuger.com service. Where You choose to make Your Content available for free download:

a) You acknowledge and agree that You are not entitled to any royalties from the exploitation of such downloads and Juuger.com is not obliged to pay royalties for the use of any musical compositions or videos.

b) In addition to the warranties set out in this agreement, You warrant and represent to Juuger.com that:

i) You are authorised to make Your Content available for free download on a worldwide basis; and

ii) You own the copyright in the underlying musical composition(s) and lyrics.

OTHER TERMS

The terms of the Website Terms of Service and Privacy Policy, also form part of this Agreement. Please read the terms and ensure You accept and are familiar with them. To the extent that there is any conflict between the Website Terms of Use and this Agreement, the terms of this Agreement shall prevail.

RELATIONSHIP

You acknowledge and agree that this Agreement sets out the business relationship between You and Juuger.com.

The business relationship between You and Juuger.com is of licensor and licensee and nothing in this Agreement shall be construed (i) to give either party the power to direct or control the daily activities of the other party; or (ii) to constitute the parties as principal and agent, employer and employee, franchisor and franchisee, partners, joint venturers, co-owners, or otherwise as participants in a joint undertaking.

NO OBLIGATION

Juuger.com shall be under no obligation to stream or use Your Content and is free to delete the Content without giving any prior notice or explanation. Juuger.com also reserves the right to decide whether Content is appropriate and complies with this Agreement for violations other than copyright infringement, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Juuger may remove such Content and/or terminate a Users access for uploading such material in violation of this Agreement at any time, without prior notice and at its sole discretion.

MISCELLANEOUS

All notices or other communications required under this Agreement shall be given by email to the relevant party at the email address stated below and shall be deemed to have been given on the date that the email is read by the recipient (evidenced by a read receipt automatically sent to the sender).

Juuger.com: post@juuger.com

You: The email address supplied by You when You registered.

For the purpose of the Contracts (Rights of Third Parties) Act 1999, nothing in this Agreement shall confer or purport to confer on any third party any benefit or the right to enforce any term of this Agreement.

If any provision of this Agreement (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part of such provision shall, to the extent required, be deemed not to form part of this Agreement, and the validity and enforceability of the other provisions of this Agreement shall not be affected.

This Agreement is governed by and shall be construed in accordance with Norwegian law and in the event of a dispute the parties shall submit to the exclusive jurisdiction of the Norwegian Courts.

Juuger.com may, at its sole discretion, make changes to this Agreement at any time. If Juuger.com does this, it will post the changes on this page. In certain circumstances, Juuger.com may send an email to You notifying You of the change. You should, however, check this page from time to time to take notice of any changes.

If You find any change unacceptable, You should terminate this Agreement by removing Your Content using the facility provided by the Juuger.com service. Failure to terminate this Agreement by removing Your Content following any change shall constitute Your acceptance of the new terms of the Agreement.

THIS AGREEMENT SETS OUT THE TERMS AND CONDITIONS GOVERNING USE OF YOUR CONTENT ON THE JUUGER.COM SERVICE. IF YOU ARE UNSURE ABOUT ANY OF THESE TERMS AND CONDITIONS YOU ARE ADVISED TO OBTAIN INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM.

Wow, You actually made it to the end ;) We look forward to establishing a long term, mutually-beneficial relationship with You.