Milk Records Terms of Artist Services

The following terms govern the services provided by Milk Records:

1. Background:  These terms (Terms) govern the relationship between between Milk Records LLC (Milk Records) and you (Artist). The Artist employs Milk Records to render services for the Artist or in the Artist’s behalf for the purposes of distributing Compact Discs (CDs) or other media (individually, Product).
2. Background:  The Artist either has presented or will present Milk Records with Product for distribution, along with a setup fee (Free for a limited time!).
3. Background:  Milk Records shall not be bound by these terms until the Recordings and proper payment has been made or sufficient copies of the Product have been presented to it, at which time Milk Records shall be bound as provided herein.
4. CD Recordings and Product:  For purposes of these Terms the terms CD, Recording, and Product shall include all forms of recordings manufactured or sold primarily use as home entertainment. 
5. Artist Consent:  Milk Records agrees not to make or exploit any audiovisual product embodying the Artist’s performance without the Artist’s prior consent. The Artist will not take any action to induce Milk Records to infringe upon any copyright, or induce Milk Records to violate any law.
6. Termination:  These Terms are in effect until terminated in writing by either the Artist or Milk Records, provided that no termination of these Terms by the Artist shall revoke the rights of Milk Records to distribute Recordings presented to it prior to the date of termination.
7. Additional Recordings:  Each individual additional Recording shall be treated as entirely separate for purposes of these Terms.
8. Acceptable Format:  All Recordings shall be presented to Milk Records in a format acceptable to Milk Records. If the Recordings are not presented in an acceptable format, Milk Records can reject the Recordings.
9. Product Pricing:  The Artist determines the price at which Milk Records sells the Product (Sale Price).  The Artist may not select a price lower than the minimum price selected by Milk Records (Base Price). The Base Price is subject to change at Milk Records’s discretion. The Base Price is provided to the Artist on a web page (Web Page) available to the Artist. Changes in the Base Price which increase the Base Price above or within 10% of the Sale Price shall automatically increase the Sale Price to a price 10% above the Base Price.  The Artist has the right to change the Sale Price by notifying Milk Records in writing of the Artist’s desired Sale Price.  The Sale Price is exclusive of any shipping and/or handling charges.
10. Default Price:  If the Artist does not indicate a Sale Price, the Product will be sold at the Sale Price chosen by Milk Records (Common Price). The Common Price is posted on the Web Page.
11. Royalties:  Milk Records pays the Artist the following royalties (Royalties):
1. for Product sold in the United States: Milk Records pays the Artist the sum of fifty percent of the Sale Price exclusive of sales taxes in respect of Recordings presented to Milk Records by the Artist and sold, paid for, and not subject to return.
2. for Product sold in other countries: Milk Records pays the Artist a Royalty at the rate of one-half the Royalty the Artist would be entitled had said Product been sold in the United States. All governmental taxes and duties shall be subtracted from the Royalty.
3. for any Recording combined with the work of other Artists for the purpose of creating Product (a compilation), the Artist receives a pro rata share of the Royalties. The pro rata share shall be determined by dividing the number of Recordings by the Artist by the total number of Recordings on the Product.
12. Royalty Payment:  Milk Records makes payments to the Artist of accrued Royalties due to the Artist (Accrued Royalties) on the tenth day of each month that the Artist’s Accrued Royalties are equal to or greater than $50 on the first day of that month, such payment includes a Royalty statement (Royalty Statement).  Milk Records has the right to withhold from the Accrued Royalties reasonable reserves for Product returns and for credits of any nature owed Milk Records in relation to the Product. Such reserves are not greater than fifty percent of the Accrued Royalties, and such reserves are liquidated by Milk Records and paid to the Artist within six months of withholding.  Any Accrued Royalties, Withheld Royalties, or Royalties will bear no interest.  All Royalty statements and all other accounts rendered by Milk Records to the Artist are binding on the Artist and not subject to any objection by the Artist for any reason unless specific objection in writing, stating the basis for the objection, is given to Milk Records within six months from the date rendered and unless an action, suit or proceeding is commenced against Milk Records in a court of competent jurisdiction within one year from the date such specific objection is made in writing and received by Milk Records.
13. Promotional Product:  At the request of the Artist, Milk Records provides copies of the Product (Promotional Product) to persons who customarily receive Promotional Product. The Artist is responsible for payment of a shipping and handling charge as posted on the Web Page. This payment must be made before the Promotional Product will be provided. The Artist may elect to use Accrued Royalties to purchase Promotional Product, provided that such a request is made to Milk Records in writing at least fifteen days prior to the date on which such Accrued Royalties is payable.  No Royalties refund are payable on any Product shipped as Promotional Product. 
14. Current Address:  The Artist agrees to keep a current address on file with Milk Records. All Accrued Royalties which are unable to be paid due to the Artist’s failure to maintain a current address on file will be held for a period of one year, at which time such Accrued Royalties become the property of Milk Records. Any Royalty payment that is unpayable due to the Artist’s delay in presenting such check for payment is not reissued.
15. Name and Logo:  Milk Records’s name, logo, and web address (http://milkrecords.com) will appear prominently on all Product, if possible.
16. Limitations:  Except under these Terms, the Artist agrees that it will not record, allow recording of, manufacture, or allow manufacture of any Recordings or the work on which the Recordings are based, for the purposes of engaging in the sale or redistribution for a period of three years from the date on which the Recordings were originally presented to Milk Records.  This Section in no way limits the Artist's ability to make subsequent Recordings for Milk Records, to perform, or to make other recordings not based on the Recordings.
17. Artist Retention of Rights:  All Recordings together with the sound recording copyrights therein and the performances embodied therein, remain property of the Artist. Milk Records retains the right to duplicate the Recordings and any Product or reproductions or the Product made therefrom. Without limitation of the foregoing, Milk Records has the right to create Product from the Recordings, and to sell and deal in the same under any trademark, tradenames, or labels designated by Milk Records, or Milk Records may at its discretion refrain from any activity described.
18. Use of Image:  Milk Records has the right to use and to allow others to use the Artist’s name, signature, likeness, and biographical material for advertising and otherwise without restriction, in connection with the services performed by Milk Records.
19. Indemnification:  The Artist represents and warrants that it is under no disability, restriction, or prohibition, whether contractual or otherwise, with respect to the Artist’s right to accept these Terms and perform these terms and conditions, and with respect to the Artist’s right to any and all Recordings. The Artist agrees to and does hereby indemnify, save and hold Milk Records harmless from any and all loss and damage (including attorneys' fees) arising out of or connected with any claim by a third party which is inconsistent with any of the warranties or representations made by the Artist under these Terms, and the Artist agrees to reimburse Milk Records, on demand, for any payment made by Milk Records at any time with respect to any liability or claim to which the foregoing indemnity applies. Artist obligation to indemnify Milk Records specifically includes reimbursement of all costs and expenses, including attorney's fees, which are the result of any alleged or actual copyright infringement.
20. Modifications:  These Terms are the entire agreement between Milk Records and the Artist.  No modification, amendment, waiver, assignment, termination, or discharge of these Terms is binding upon Milk Records unless confirmed in writing signed by a duly-appointed officer of Milk Records. No waiver of any provision of these Terms affects Milk Records’s rights to enforce such a provision or to exercise any right or remedy in the event of any other default, whether or not similar.
21. Governing Law:  These Terms are deemed agreed upon in the State of Nebraska, U.S.A., and their validity, construction, and effect are governed by the laws of the State of Nebraska. Any legal actions arising from these Terms shall be brought in a court of competent jurisdiction within the State of Nebraska.
22. Assignment:  Milk Records may assign its rights by providing written notice to the Artist.