Funny Money Entertainment’s User Agreement for Merchants

PARTIES: This is a user agreement ("Agreement") between the owner and/or authorized agent ("Owner") of the album or albums ("album") and Funny Money Entertainment ("Funny Money Entertainment"), a Texas Corporation, P. O. Box 2325, Cypress, TX 77410.

1. LICENSE: Owner grants Funny Money Entertainment a nonexclusive worldwide license to market, promote, display, sell, transmit, and distribute owner’s albums through Funny Money Entertainment.com and affiliated websites by any and all electronic means and/or via any other distribution and marketing methods.
2. RIGHTS: Owner retains all rights to album including full editorial control over album and ownership of the copyright. Owner retains the right to publish, license, market, promote, display, sell, transmit, and distribute album through any additional methods or websites by any and all electronic means and/or via any other distribution methods. Owner retains the rights to publish album as compact discs and form agreements with any and all other entities of Owner's choosing. Owner retains ownership of album.
3. PAYMENTS: For the sale of albums, Funny Money Entertainment will pay Owner an amount equal to 50% of the selling price of the album for all copies distributed and sold through Funny Money Entertainment.com.   For promotional services, we shall pay owner an amount equal to 50% of the current retail price we prescribe for the sale of Funny Money Entertainment’s storage, bandwidth, and webmaster services used to download your authorized content for promotional use only, collectively (“internet promotional services”).  The current retail price for internet promotional services is $2.95.  Funny Money Entertainment will maintain accurate records of album sales. Funny Money Entertainment will pay Owner within thirty (30) days following the end of each quarter for albums sold during that quarter.  The quarters will end on the last day of each of the following months:  March, June, September, and December. 
4. WARRANTIES: Owner warrants to Funny Money Entertainment that Owner is the sole owner and/or authorized agent of the album and all related intellectual property, and that the Owner has full power to make this agreement. Owner guarantees that neither the album or any rights or licenses granted by this Agreement will (i) violate any contract by which Owner is bound or any applicable law or regulation or (ii) violate or misappropriate any copyright or other intellectual property rights of any third party. Owner agrees to accept full responsibility for material contained in album and shall hold Funny Money Entertainment harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) related to album or material contained in album.
5. LISTING FEE: Owner will pay to Funny Money Entertainment a one-time listing fee in the amount of $19.95 for each album listed at FunnyMoneyEntertainment.com. 
6. TERM AND TERMINATION: Either party may terminate this Agreement at any time with or without cause upon written notice including email. Funny Money Entertainment will provide full payments due up to time of termination of Agreement. Funny Money Entertainment will pay Owner within thirty (30) days following the end of the last quarter for albums sold during that quarter upon termination of Agreement.
7. GENERAL: This Agreement shall be governed by the laws of the State of Texas without regard to conflicts of laws provisions.
8. COVER IMAGES & DESCRIPTIONS: Each album at FunnyMoneyEntertainment.com is required to have a cover image, play list and description.  The cover image, play list and description the Owner provides will be used on the album’s product page within FunnyMoneyEntertainment.com, and in other areas of the site if it is featured, recommended, etc. 
9. MODIFICATION OF AGREEMENT:  We reserve the right to change, modify, add to or remove all or part of this Agreement.  Notice of any such changes shall be sent to the Owner by email at least seven (7) days prior to their effective date.  In the event that you do not consent to any such proposed changes, your sole recourse shall be to terminate the Term of this Agreement by notice to us as provided above, and your failure to do so within ten (10) days of the date of any such email from us to you shall constitute your acceptance of such changes.  This agreement may be supplemented, amended, or modified only by the mutual agreement of the parties.  No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by all parties contained within this original agreement.
10. SEVERABILITY:  If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable, such determination shall not affect any other provision hereof, and the unenforceable provision shall be replaced by an enforceable provision that most closely meets the commercial intent of the parties.