JUNGLE ENTERTAINMENT VENTURES

DIGITAL DISTRIBUTION - TERMS AND CONDITIONS

 

By submitting digital content using the distribution service offered through http://www.jungleglobal.com, you have willingly entered this agreement, made on the day of your submission.

 

BETWEEN: You, the uploader, of the address provided in the submission form (hereinafter called "OWNER") of the first part.

 

AND

 

JUNGLE ENTERTAINMENT VENTURES, a private limited liability company incorporated under the laws of Nigeria and having its head office at 117B, Wetheral Road, Owerri, Imo State, Nigeria (hereinafter called “Distributor”) of the second part.

 

Hereinafter collectively referred to as the “Parties” or individually as a “Party”.

 

WHEREAS

 

Owner wishes to enter into this Agreement with Distributor whereby Distributor undertakes the distribution of product in the territory on the terms and subject to the conditions contained herein.  

 

Distributor is an organization that exploits most relevant applications of internet technology in advancement of Africa’s music business providing digital distribution services. 

 

NOW THEREFORE, THIS AGREEMENT WITNESSES that in consideration of the mutual promises and covenants herein parties hereby agree as follows: 

 

TERM & TERRITORY: The initial term of this Agreement shall come into effect on the Effective Date and, unless terminated earlier in accordance with the terms of this Agreement shall continue in full force and effect in perpetuity. The first contract period shall commence on the execution of this agreement. 

 

CONTRACT DURATION: 24 MONTHS, to renew automatically unless terminated, in order to avoid downtime at the platforms.

 

MINIMUM COMMITMENT: 1 Product

 

TERRITORY: The Entire World

 

SERVICES: During the specified contract period, Owner shall license artistic works, which may include any or a combination of digital asset types to Distributor, for the purpose of MONETIZATION, not excluding, DIGITAL DISTRIBUTION and NON-INTERACTIVE ONLINE RADIO USE, not limited to any platforms which exists now or will exist in the future, unless mutually agreed. Any further contract periods may be agreed between both parties pending Owner’s content's commercial performance. Nothing herein is intended to prohibit Owner from performing independent services to any event, client or organization, as long as they do not conflict with the purposes of this agreement.

 

COSTS: Distributor will pay all distribution costs, at-least in connection with Owner’s minimum distribution commitment to Distributor.

 

ROYALTY SETTLEMENT: Upon full and faithful performance of all the material terms by all parties, Seventy Percent (70%) of Royalty base price in connection with the income through Digital outlets worldwide will be paid to Owner. Revenue reporting will be issued to Owner commencing from 3 months after the release of each product. Distributor will only make payments above $200, and Owner will be responsible for all charges relating to payments made. Distributor will only make payments to bank accounts in Owner’s name or business name.

 

WARRANTIES: During the term of this agreement, Owner will not enter into any agreement which would interfere with the full and prompt delivery of services by Distributor. During the term of this agreement, Owner will not at any time / period digitally distribute, or authorize the digital distribution of your performance to any third party outlets directly or indirectly. Owner warrants that Owner owns and controls the necessary rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions shall not violate or infringe the rights of any third party. With respect to content submitted to Distributor which embodies your performance together with the performance(s) of another artist/s, Distributor is not under any obligation to pay this /these artists/s. Owner warrants that liability is going to be restricted, all liabilities in respect of the content would be borne by the maker “Owner” 

 

DISPUTE RESOLUTION: Any controversy or claim arising out of or relating to this agreement shall first be resolved by negotiations and mediation before referral to Nigerian courts.  

 

GOVERNING LAW: This Agreement shall be governed by and constructed in accordance with the Laws of the Federal Republic of Nigeria only. 

 

INDEMNITY and LIABILITY: If for any reason a court of the applicable jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

 

TERMINATION: This agreement may be terminated within 30 days with a written notice if either party is in breach of the terms of the Agreement and, in the event of a breach capable of being remedied, fails to remedy the breach within 21 days of receipt of notice thereof in writing. Parties’ termination of this Agreement shall be effective without prejudice to any rights which may have accrued before the date of the termination.

 

CONFIDENTIALITY: Owner undertakes to keep confidential and not disclose to any third party any confidential information supplied by Distributor under this agreement. Owner has agreed that they shall maintain the following matters in the utmost secrecy and confidence. Owner clearly understands and agrees that the terms of this contract are confidential and Owner and/or its principals or any agent, employees or representatives shall not divulge the contents of this contract to any person(s) without the prior written consent of both Parties. In a case where any part of this agreement is revealed to an unauthorized person(s) by Owner, it shall be assumed that the Distributor has suffered damages, and will withhold all payments due as damages for the breach. This is also a basis for immediate termination.