Artist Registration

Bathtub Music Online Agreement v3.07

By clicking on the “I Agree” button below, you (“Artist”) agree to the following
terms of this online agreement.

The artist hereby authorizes Bathtub Music, Inc (bathtubmusic.com) to sell your items from its online store on a non-exclusive basis. Furthermore, you agree to provide Bathtub Music, Inc with your items at your expense. These items will be stored and maintained in a facility operated by Bathtub Music.
Within two weeks, artist will deliver 5 units of each product to Bathtub Music. Upon arrival of merchandise, Bathtub Music will make artist’s products available for purchase via bathtubmusic.com. Bathtub Music retains sole control of all business, creative, and technical aspects and may refuse to post certain material for any reason and for no reason. Bathtub Music retains the right to terminate this agreement at any time.
Artist agrees that Bathtub Music will receive a commission of $3 for each Physical CD/EP or DVD sold. For every downloadable song sold it will retain $0.30 per song. Bathtub Music shall makes it best efforts to make payments to artists twice a month for all monies due artist for any amount over $20 less the Bathtub Music commissions.
In no event shall artist hold Bathtub Music liable for any losses resulting from any fraud perpetrated on Bathtub Music or artist relating to or stemming from internet transactions contemplated by this agreement. Products missing or damaged during shipment in route to a Bathtub Music customer are the artists’ sole responsibility. In addition, Bathtub Music shall not be held liable for any consequential damages (such as lost profits or work) resulting from any failure or any technical difficulties within bathtubmusic.com or related to Bathtub Music. The artist is solely responsible for any defects to the product such as CD “skips” and other faulty craftsmanship. The artist hereby certifies that the products sent are complete and not missing any essential parts or materials. If a product is sold and later found to be defective, Bathtub Music reserves the right to charge the artist for the sale of the defective product at the commission rate listed above plus any shipping charges incurred.
Artist agrees that artist has the legal authority to enter into this agreement. Should any claims be brought against the artist or Bathtub Music relating in any way to this agreement, artist agrees to indemnify and hold Bathtub Music, as well as their agents, representatives, principals, employees, officers, and directors harmless from and against any loss, damage, or expense incurred, suffered by or threatened against the artist or Bathtub Music, Inc.
The artist states and verifies to Bathtub Music that the content contained in the recordings (CD format, MP3s or otherwise) and artwork for the CD/Album described by the artist upon setup of their recordings for sale with Bathtub Music is 100% copyrighted by the artist; in the case that this is not so, the artist states and verifies that all royalties and mechanicals are the sole responsibility of the artist to pay, and the artist indemnifies Bathtub Music from any such legal action occurring as a result of copyright violations on the part of the artist. The artist also agrees to indemnify Bathtub Music from all publishing fees for the presentation of on-line music, including, but not limited to BMI, ASCAP, Henry Fox Agency, and other fees regarding their copyright protection, and the artist agrees to indemnify Bathtub Music from all such claims should any be brought on behalf of the artist or related to the artist.
Artist hereby grants a license to Bathtub Music where by Bathtub Music may allow internet users to listen to and purchase artist’s recording, and view and or listen to any or all artist provided products, artwork, photos, images, graphics, logos, or sounds, free of any performance rights royalties. Artist represents that it has the necessary rights and permissions to grant such licenses, and agrees to indemnify Bathtub Music, and to be solely responsible for any claims for payment of any and all costs, fees, and expenditures (including attorney’s fees) that may be incurred directly or indirectly as a result of artist’s recordings being available for purchase through Bathtubmusic.com. Additionally, Bathtub Music also has the right to market the artist’s products in whichever way it deems to be most advantages in helping to promote and sell the artist’s work/merchandise/songs.
If the artist or Bathtub Music terminates this agreement for any reason, the artist’s merchandise will only be returned upon request of the artist. If this occurs, all shipping expenses shall be the sole responsibility of the artist. Bathtub Music reserves the right, at its discretion, to return items to you at your expense at any time. If the artist refuse the return of such items, Bathtub Music will dispose of the merchandise in such a manner as we see fit.
If any portion of this agreement is found to be illegal or unenforceable, that portion is severable, and the remaining portions of this agreement shall remain in full force and effect.