Latinos Unidos Record Pool Agreement

Latinos Unidos Record Pool Agreement
136 Locust Avenue North Arlington, NJ 07031* (201)998-2377 * Fax (201)998-2677

Name: ______________________ Mail to: _______________________
Venue: ______________________ Attn: __________________________
Address: _____________________ Address: ________________________
City: _______ State: ____ Zip: ____ City: _______ State: _____ Zip: ______
Tel: __________________________ Tel: _____________________________
E-mail: _________________________ E-mail: __________________________

This is an Agreement made on this ____ day of ____________, 20____ between Latinos Unidos, a New Jersey Company hereinafter referred to as “Licensor”, and the undersigned, representing themselves or a business in which they are employed, hereafter referred to as “Licensee” or “Subscriber.”

Latinos Unidos is a product whose sole intent is the promotional exposure of music and is restricted to use by professional DJ’s, Radio Stations, and specific music industry related professionals only. Use of this product beyond this intent is prohibited.

This entire Agreement is binding for one year beyond the last day of the month of the last month’s issue(s) subscribed to or shipped to Licensee. The agreement will be automatically extended for further like periods under the same terms and conditions upon renewal of any subscription or continued receipt of any product. If the subscription is terminated due to inappropriate activity or expires, voluntarily or involuntarily, the Licensee, upon the request of Latinos Unidos, agrees to immediately return all music in their possession. All music is and remains the sole and exclusive property of Licensor and is on loan to the above named Licensee from each represented recording label. All music received from Licensor is assigned to the above named Licensee and cannot in ANY way be sold, rented, duplicated, broadcast, or removed for play at any restricted location. Licensor reserves the right to require Licensee to cease and desist playing any audio clip upon written notice. If Licensee violates any portion of this Agreement, Licensee’s rights immediately terminate and all music must be returned to Latinos Unidos upon demand. Any resale, distribution in any manner, public display, and duplication in part or as a whole, including but not limited to all forms of digital encoding or duplication onto ANY format, is expressly prohibited. Violation of any applicable laws, including federal copyright laws or any other misuse of this promotional product, is strictly prohibited. Subscribers violating any portion of these conditions will be subject to immediate cancellation of subscription with no refund, and the Licensee will be held responsible for any legal actions resulting from this misuse including but not limited to criminal prosecution. Latinos Unidos will be held harmless for any activity of subscriber not specifically stated in this Agreement. All respective copyrights are retained by the artists, producers, and/or participating record labels and all applicable laws pertaining to original copyright owners continue to apply.

Because of its promotional nature, Latinos Unidos reserves the right to refuse a subscription to anyone, for any reason, and cancel any subscription without refund for violation of any of the above statements or the inability to verify any of the information supplied by the subscriber.

CD’s damaged in shipping, having defects from manufacturing, or which are lost in shipping will be replaced by First Class U.S. mail upon return of defective disc(s) or notification by the 30th day of the month it was issued. Latinos Unidos reserves the right to discontinue subscriptions for excessive replacements.

Both parties hereto agree to the application of the Laws of the State of New Jersey to all disputes arising directly or indirectly under the Agreement. The forum for all disputes shall be within the State of New Jersey, unless otherwise agreed to by the parties in writing.

By signing this document the Licensee/Subscriber acknowledges the preceding statements and the following:

1) All information in the Agreement is true and correct;
2) Licensee/Subscriber is over 18 years of age;
3) The document as a whole is a legal and binding contract;
4) The discs may not be resold, exchanged, duplicated or traded in any way;
5) Licensee/Subscriber is responsible for all applicable ASCAP, BMI, SESAC, and other related fees;
6) Latinos Unidos reserves the right to refuse a subscription to anyone, for any reason, and to cancel any subscription to anyone without refund for violation of this Agreement or the inability to verify any of the information provided by the Licensee/Subscriber;
7) Licensee/Subscriber holds Licensor harmless with regard to all clauses of the Agreement;
Licensee/Subscriber is responsible for all legal fees arising from Licensor’s enforcement of any terms of this Agreement.

Transmittal of the Agreement by facsimile (fax) by Licensee/Subscriber shall create a binding Agreement subject to acceptance by Latinos Unidos. IMPORTANT: This document must be completed in full by the user and faxed to 201-998-2677 before any product can be shipped.

Agreed and accepted by:

SIGNATURE: ___________________________________________
(same as representative named above)

TITLE: _____________________________________

DATE: _____________________________________

CONTACT PHONE NUMBER: ____________________________

APPROVED BY _________________________________