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This Agreement (“Agreement”) is entered into between GoGoods, Inc., a Delaware corporation (d/b/a GoodTunes®) (“Company”), and the individual or entity accepting these terms (“Artist”).
By electronically accepting this Agreement, Artist agrees to be legally bound as of the date of acceptance.
Artist grants Company a non-exclusive, worldwide, limited license during the Term to host, reproduce, display, distribute, promote, market, and facilitate sales and approved digital transfers of mutually approved Products solely through the GoodTunes® platform.
All rights not expressly granted are reserved by Artist.
No ownership rights are transferred.
No Product shall be released, marketed, or sold without prior mutual written approval (email sufficient).
Schedule A may be executed per Product and is incorporated by reference when mutually approved.
In the absence of mutually agreed written terms for a Product, no Product shall be deemed authorized.
Silence or inaction shall not constitute approval.
Artist retains full ownership of all intellectual property rights in Content.
Except as expressly permitted, Company shall not:
Except for technical formatting necessary to operate the Platform.
Artist shall receive gross receipts (excluding shipping), less:
For physical Products or bundled Products (including vinyl + digital), payment shall be made within thirty (30) days following fulfillment.
For digital-only Products, payment shall be made within thirty (30) days following month-end close.
Each digital transfer is subject to a 14.29% transaction fee allocated as follows:
Company may deduct payment processing fees associated with such transfers.
Pricing, format, edition size, and release timing shall be mutually agreed in writing prior to each launch.
Company may not alter pricing without written approval.
Artist shall receive purchaser name, email, and shipping address information collected in connection with Product sales, except where restricted by:
Sensitive financial information, including payment credentials, fraud data, and internal risk analytics, shall not be shared.
Artist represents and warrants:
Artist shall indemnify Company against claims arising from breach of representations.
Company shall indemnify Artist against claims arising from Company’s breach of this Agreement.
Initial Term: one (1) year from acceptance.
Either party may terminate upon thirty (30) days’ written notice.
Previously sold Products may remain accessible to purchasers.
No new sales may occur following termination.
Accrued payment obligations survive termination.
Except for willful misconduct or breach of IP obligations, neither party shall be liable for indirect, consequential, or punitive damages.
This Agreement shall be governed by California law.
Disputes shall be resolved by binding arbitration in Orange County, California.
Electronic acceptance constitutes a legally binding signature.
