SERVICE:

All CD'S are priced between $4.99 & 20.99 artists picks the selling price. Artists receives 70% of the selling price per CD sold, New Artists Online receives 30%. Artists Royality checks are mailed monthly. (see details of SETTLEMENT).

After your account is setup, you will get a detailed email with much of the policy info contained below.

ORDER FULFILLMENT OPTIONS:

P&H CHARGES TO BUYERS:

Standard (default) Postage and Handling Pricing for Buyers is as follows:Domestic and International customers are charged $2.50 USD PER ORDER.

We are responsible for inventory that is in our possession and it is insured.We are NOT responsible for items that are damaged in transit from merchant and/or on-transit to buyer.We prepare a receipt / packing list for each order and generally ship within 24 hours provided inventory is on-hand.You can also view your inventory on-hand in our Accounting area.

Warehouse Address for Your Inventory:

New Artists Online Inc.
P.O. Box 21437
Philadelphia, PA 19141

Please pack your shipment carefully to prevent breakage of jewel cases with a note listing your account name and shipment contents.

PROMO COPIES FOR NEWARTISTSONLINE ARTIST PAGES AT SIGNUP:

The new account setup charge includes the encoding of sample clips, scanning of CD cover etc. to populate your newartistsonline artist page.We ask that you send 1 copy of each CD to newartistsonline for this purpose.Please provide with your inventory.

Send Promos to:
New Artists Online Inc.
P.O. Box 21437
Philadelphia, PA 19141

SETTLEMENT:
The month’s sales and books are closed at month’s end.By the 15th day of the following month, you will be sent a check for the net amount due. New Artists Online Inc. requires a formal name in which monetary funds (checks) can be paid out to monthly for sales of your CD. Monthly Settlement amounts LESS THAN $20 USD are carried forward and paid once the amount due the artist exceeds $20 USD.

SIGN-UP FEES FOR NEW MERCHANTS:
The cost for signing up is based on the Number of CD’s that you initially register to sell using our network.The signup fee schedule is as follows:

Setup includes the establishment of your account, loading of CD’s to system, secure access to back-end administration systems, newartistsonline artist page and setup.

PAYMENT CAPTURE AFTER ORDER SHIPMENT:
To reduce risk to our customers, we do not capture the authorized credit card charge until we have confirmation of shipping. We will close the order once it shipped capturing the payment on the buyer’s credit card.

BUYER/CUSTOMER CHARGES:

ALL CHARGES FOR THE SALES OF YOUR MUSIC PRODUCTS WILL APPEAR ON THE CUSTOMER’S BILL FROM NEWARTISTSONLINE.COM.

OUR BUYER RETURN POLICY:
All CDs are guaranteed to play perfectly for 14 days from receipt. Any CD that does not play perfectly may be returned, with prior authorization, for a replacement copy of the same CD.All returned CDs require a return authorization number prior to their return.To acquire a return authorization, email customer service identifying the CD and order with a description of the defect.Note that all returned CDs must be in the same condition as when they were received, including the jewel box and liner notes.newartistsonline.com will process these returns and manage the process.Should money have to be returned for some reason, your account will be charged the returned amount.REFUNDS apply if and only when a CD will not be restocked.

CHARGEBACKS OF FRAUDULENT OR DISPUTED ORDERS:
Newartistsonline aggressively monitors in real-time for orders placed with stolen credit cards and other means of fraud.Our chargeback rate is less than 1%, however, in the event of a chargeback due to fraud or some other buyer dispute, the amounts charged back by the credit card companies will be deducted from the respective artist account against their next settlement.Newartistsonline will provide all documentation to protest the chargeback to the credit card companies, but sometimes we lose and are charged for the fraudulent or disputed amounts.It is the merchant’s responsibility in the rare case that may cause a deduction against sales and/or loss of shipped merchandise.

TERMINATION OF SERVICE:
Service and relationship with newartistsonline.com can be terminated with 30 days written notice by either party.Email is acceptable.We will properly package your remaining inventory and ship back to you COD to the address indicated on your merchant profile. The COD shipment of your remaining inventory will occur within 30 days of the termination of service.Newartistsonline reserves the right to inactivate any merchant account due to bad email address, inappropriate content, failure to provide inventory or other reasons which prevent the buyer from being serviced in the most satisfactory manner.

ARTIST WARRANTY:
You represent and warrant that (a) the Music Merchandise is your or your band’s own original work, and contains no sampled material, (b) you have full right and power to enter into and perform this agreement, and have secured all third party consents necessary to enter into this agreement, (c) the Material does not and will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights (d) the Material does not and will not violate any law, stature, ordinance or regulation; (e) the Material is not and will not be defamatory, trade libelous, pornographic or obscene, (f) all factual assertions that you have made and will make to us are true and complete, and (g) if any member of your group is a minor, you hereby warrant that you have the legal right to execute this Agreement on behalf of the minor artist and guarantee such person’s performance of the terms of this Agreement.You shall be responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with the Music Merchandise, including but not limited to any applicable union and/or guild payments, “sample” or “replay” licenses or payments, and mechanical, synchronization or public performance royalties.You agree to indemnify and hold us and our merchandise buyers harmless from any and all damages and costs, including reasonable attorney’s fees, arising out of or related to your breach of the representations and warranties described in this section.You agree to execute and deliver documents to us, upon our reasonable request, that evidence or effectuate our rights under this agreement.These warranties shall survive any termination of this agreement.

USE OF AUDIO FOR PROMOTION OF SALES:

You hereby grant to newartistsonline.com permission, on a non-exclusive basis, throughout the universe, to do the following things

(a)to prepare and encode artist audio, or any portion thereof (including sound clips), for Digital Transmission, and the making of Digital Phonorecord Deliveries, in any format (e.g., Real Audio, MP3, etc.), and by any means, now known or hereafter devised,

(b)to display, copy, reproduce (and to mechanically reproduce each musical composition included in the artist’s music), exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute through any electronic means (including analog and digital), including Digital Streaming Transmission and Digital Phonorecord Delivery, electronically publish and synchronize with visual images any or all of the artist’s music, including any portion thereof, and to include them in compilations for such promotional purposes, by any and all means and media now known or hereafter devised for the purpose of sales promotion.

NAME:

You hereby grant to newartistsonline.com permission, on a non-exclusive basis, throughout the Universe, to use your name(s), group name, approved photograph and/or likeness(es) and biographical materials solely in connection with the distribution, exploitation, promotion, marketing and advertising of the Music Merchandise, and newartistsonline.com site.You also agree not to assert any privacy, publicity, moral or similar rights held by you (and any other person(s) whose performances are embodied in the Music Merchandise) under the laws of the United States and any other country in connection with the exploitation of such materials.

CLIENT’S RESERVED RIGHTS:

You shall at all times retain all right, title and interest in and to your Music provided by you hereunder, including, without limitation, the copyrights therein and thereto.

DISCLAIMER:

THE SERVICE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.NEITHER THIS AGREEMENT OR ANY DOCUMENTATION FURNISHED UNDER IT IS INTENDED TO EXPRESS OR IMPLY ANY WARRANTY THAT THE ONLINE TRANSACTION SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE OR THAT THE SOFTWARE WILL PROVIDE UNINTERRUPTED, TIMELY OR ERROR FREE SERVICE.THE SECURITY MECHANISM INCORPORATED IN THE SOFTWARE HAS INHERENT LIMITATIONS AND MERCHANT MUST DETERMINE THAT THE SOFWTWARE ADEQUATELY MEETS ITS REQUIRMENTS.

MERCHANT ACKNOWLEDGES AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT ITS OWN DISCRETION AND RISK AND THAT MERCHANT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR SALE OF SUCH MATERIAL AND/OR DATA.

MERCHANT ACKNOWLEDGES AND AGREES THAT NEW ARTISTS ONLINE INC. IS NOT RESPONSIBLE FOR ANY CONTENT OF ITS MERCHANTS AND BY USING THIS ECOMMERCE SYSTEM DOES NOT IMPLY THAT IT REFLECTS THE OPINION OF MANAGEMENT OR OWNERSHIP OF NEW ARTISTS ONLINE INC.NO CONTENT DEEMED ILLEGAL CAN BE SOLD USING NEWARTISONLINE.COMANY LIABILITY OR DAMANGES THAT MAY RESULT FROM THE SALE OF ANY MATERIAL USING THE NEWARTISTSONLINE.COM NETWORK WILL BE THE SOLE RESPONSIBILITY OF THE MERCHANT AND/OR CONTENT CREATOR.NEWARTISTSONLINE.COM RESERVES THE RIGHT TO DENY USE OF OUR SYSTEM AT ANY TIME.

THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF PENNSYLVANIA, WITHOUT REFERENCE TO CONFLICT OF LAWS PRINCIPLES.ANY DISPUTE BETWEEN YOU AND NEWARTISTSONLINE.COM REGARDING THIS AGREEMENT WILL BE SUBJECT TO THE EXCLUSIVE VENUE OF THE STATE AND FEDERAL COURTS IN THE CITY OF PHILADELPHIA

IN THE STATE OF PENNSYLVANIA.Your sole remedy for a breach of this Agreement by newartistsonline.com shall be an action at law for money damages, if any.You hereby waive any right to, or to seek, injunctive or other equitable relief in connection with any breach or alleged breach of this Agreement by newartistsonline.com.This Agreement may not be amended unless an officer of newartistsonline.com has approved and signed such an amendment in writing.You shall be solely responsible for providing all copyright notices and other legal notices in connection with your sales merchandise.If any provision of this Agreement is held invalid,
the remainder of this Agreement will continue in full force and effect. This Agreement is the entire agreement between you and newartistsonline.com and supersedes any other communications or advertising.

You represent that you have carefully read this agreement, that you understand its contents, and that you have had an opportunity to seek independent legal advice with respect to the review and advisability of entering into this Agreement.

I HAVE READ THE ABOVE AND AGREE TO BE BOUND BY NEWARTISTSONLINE.COM FOR THE PURPOSE OF MUSIC MERCHANDISING.

I am over the age of 18, and have authority to accept for the band.

FINAL NOTE:

DISCLAIMER
Mixtapes /CD’s that exclusively available on newartistsonline.com are provided courtesy of the record companies and managers for promotional use only – NOT FOR SALE. All fees paid to newartistSonline.com are for promotional services, shipping/handling and maintenance of the website. The use of this service is intended to offer an efficient channel of distribution for the music merchant. By completing this application, you are accepting its terms and agreement.