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Intellectual Property Rights (IPR) Form

Terms of Business


Crystal Clear Media Group. strives to provide its clients with total customer satisfaction. World Media Group, Inc. is not responsible for errors or mistakes due to unclear instructions or lack of instructions communicated to (CRYSTAL CLEAR MEDIA GROUP.). Due to the multiple variables in audio, video and / or package manufacturing, all customer due dates remain as estimates only. At (CRYSTAL CLEAR MEDIA GROUP, INC.) we will do everything we can to meet or exceed your projected deadlines and / or release dates. Communication with your Customer Service Representative is extremely important in regard to meeting any project release dates and related functions, shipping schedules and your project timetablesWe require you to supply us with written directions and comments when at all possible. Delays in YOUR communication dealing with any aspect of your project (layout and design, typesetting proofs, color proofs, electronic files, deposits, test approvals, etc.) will have a direct effect on your expected schedules.

PROPRIETARY RIGHTS: Customer is solely responsible for ensuring that it holds all ownership or legal rights to the intellectual property, information or other materials submitted to Crystal Clear Media Group. Crystal Clear Media Group agrees to fill Customer’s order only upon the express understanding that Customer warrants and represents to Crystal Clear Media Group. that Customer has full right, title, license or other interest such as to allow it to lawfully have reproduced or copied all of the intellectual property, information or materials submitted to Crystal Clear Media Group by Customer. Further, Customer expressly agrees that it will hold harmless & indemnify Crystal Clear Media Group against all costs, damages, expenses or other losses (including without limitation all attorneys’ fees & litigation expenses) incurred by Crystal Clear Media Group as a result of any claim by any person or entity that they have a proprietary or other interest in the intellectual property, information or materials submitted to Crystal Clear Media Group by Customer. At Crystal Clear Media Group’s sole discretion, Customer will assume the defense and expense thereof of Crystal Clear Media Group in any claim, legal action, arbitration, mediation, alternative dispute resolution process or other proceeding of any kind. Customer’s warranty and representation and hold harmless and indemnification agreement extends to all form of intellectual property of any type, including without limitation all copyright, trademark and patent rights under the laws of any nation, state, province or locality and any international treaty, agreement or convention of any kind relating to any form of intellectual property.

LIMITATION OF LIABILITY:  CRYSTAL CLEAR MEDIA GROUP, INC. DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING ALL WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  Crystal Clear Media Group shall not be liable under any circumstances for any incidental or consequential loss or damages, including but not limited to loss of profits, and the Customer expressly waives any and all claims for any such loss or damages. Crystal Clear Media Group is not liable for freight charges in the event of delayed completion dates. Under no circumstances shall Crystal Clear Media Group liability exceed, nor shall Customer’s available remedies extend beyond, return of the full fees or charges paid for any services provided by Crystal Clear Media Group.

MATERIALS:  Crystal Clear assumes that the client has backup copies of all audio and electronic file contents and that materials issued to Crystal Clear are for the sole purpose of executing production of a project and are not required to be returned. Crystal Clear will treat all materials with professional care; however cannot be liable for damage or loss due to fire, casualty, negligence, or any other circumstance while materials are in the possession of Crystal Clear. Customer's materials warehoused in Crystal Clear’s facilities or vendor partner facilities are not insured and are stored at customer's risk.
Client agrees to allow Crystal Clear to use the finished product as samples or for promotional purposes. Client will not be billed for any product kept by Crystal Clear to use as samples.

ORDER CANCELLATION: Crystal Clear reserves the right to refuse or cancel any order. Orders canceled at any time by customer will be subject to any expenses incurred by Crystal Clear prior to cancellation of the order at the agreed pricing in customer’s written price quote or as detailed on the current Crystal Clear website.

TERMS OF SALE

1. Terms of Sale are 75% down, balance due upon completion of project. Crystal Clear Media Group will accept Visa, Master Card, and American Express, personal or business check for your down payment, with the balance paid by certified funds, Visa, Master Card or American Express. Payment Terms available on approved credit.

2. Finance Charges of 1½% per month (18% annual) will accrue on all balances not paid within sixty (60) days of invoice date.

3. A SERVICE CHARGE OF $100.00 will be assessed for each returned check.

4. A Storage and Handling Fee of $175.00 will be added to your account on all finished goods not picked up within 10 working days after completion of project unless other arrangements are made with either your sales representative or Crystal Clear Media Group. Accounting Department.

5. Deposits paid at 100% of project cost including freight and over run will be discounted by 3%.

6. All print, duplication and packing orders ARE CONSIDERED COMPLETE AT plus or minus 10% of quantity ordered. You must accept up to a 10% over-run in your costs. You will be billed for the actual amount printed, duplicated and packaged.

7. Delivery of your materials for production indicates that you understand and accept the price and terms stated in your written price quote or as detailed in the current Crystal Clear Media Group Website. Client agrees that if purchase is made with a credit card, their signature on the IPR Form represents the same agreement and obligation as signing a credit card sales slip in person.

CONTINUING GUARANTEE: For the purpose of inducing the extension of credit to Customer or of inducing Crystal Clear Media Group’s temporary forbearance from collection of accounts for monies due from the Customer, the undersigned herby absolutely and personally guarantees, on a continuing basis, the performance of the Customer shown on the first page hereof, including but not limited to the due and prompt payment of all present and future indebtedness, whether secured or unsecured and regardless of how the indebtedness is represented or incurred. The undersigned also consents to any extensions or alterations of any obligations and guarantees such without prior notice, demand or pursuit of remedies against the party primarily liable. The Guarantee shall continue effective until the undersigned has notified Crystal Clear Media Group in writing of its cancellation, but such cancellation shall not alter any obligation of the undersigned arising hereunder prior to receipt of such written notice by Crystal Clear Media Group. The undersigned herby further agrees to indemnify and hold Crystal Clear Media Group harmless from any loss, damage or expense caused by or arising out of any default on the part of the Customer in making payment of any part or all of such sums, and in the event of default agrees upon demand to pay Crystal Clear Media Group the amount of any such loss, damage, or expense. The undersigned further agrees to pay all reasonable cost, expense, attorneys’ fees, or agency fees incurred in the enforcement of this Continuing Guarantee, or in the enforcement of any obligation of the Customer under these Terms of Business, including by not limited to the collection of any past due indebtedness, and whether or not suit is filed.

 

Crystal Clear Payment Methods

INTELLECTUAL PROPERTY RIGHTS (IPR) INFORMATION


IMPORTANT! ORDERS WITHOUT THIS INFORMATION CAN NOT BE PROCESSED!
Please print and submit this form with your materials for production.

BOLD fields are required.
Customer Service Representative:
You must select a customer service representative before submitting this form.
Your Email Address:
Artist:
Title:
Company:
NOTE: "Company" name must match name of copyright info on the disc if applicable.
Address:
Street address only. No PO Boxes.
City:
State:
Zip:
Phone: ()-- ext. 
Distribution within organization: Retail  Free to public  Other 

Countries Where Distributed:  USA   Canada   Mexico   Europe   Japan   Other  

Complete the section(s) below describing the content that is applicable to the media you have ordered:
(Note: MP3 or Enhanced Disc content requires completion of both ROM and Audio sections.)

A. CD-ROM / DVD-ROM Content:
Are you the IPR Owner of the entire disc content?  yes   no
*If Not IPR owner, list all included non-owned software, freeware, and shareware products. Attach necessary distribution licensing documentation from the IPR owner. Some shareware and freeware products require distribution licensing. Consult the software vendor for what is necessary. Click here for more info and links to licensing agreements for some of the most commonly used freeware and shareware products.

B. CD / DVD Audio Content
Are you the IPR Owner of the entire disc content?  yes   no
*If Not IPR owner, proof of replication licensing from IPR owner for licensed tracks is REQUIRED.
Sampling/mixing of additional recordings not owned (regardless of type, quantity, and length) requires licensing of those original recordings.
(Note: Letters of Indemnity are not adequate. LICENSED content requires proof of licensing for replication. OWNED content indicates the individual/organization completing this form is the IPR owner.) Click here for more information regarding audio licensing.

Content/Music Type
Check Here if Compilation 


AN ATTACHED LIST OF TRACKS TITLE, ARTIST, AND IPR OWNER IS REQUIRED.

YOU MUST READ AND AGREE TO EACH OF THE FOUR ITEMS BELOW
  I affirm that all information provided herein is true and that all disc contents indicated as being "licensed" are properly licensed for replication under the terms of the original rights holder(s) with proof of such licensing and/or trademark authorization attached.
I affirm that I have applied for and paid any applicable mechanical licensing fees for all "cover" versions of selections included on my disc to The Harry Fox Agency or other applicable agency. Go to http://www.harryfox.com/public/songfile.jsp for more information
I affirm that I am the intellectual property rights owner for all contents indicated as being "owned" and approve of replication by Crystal Clear Media Group.
I agree to abide by the current version of the Anti-Piracy Compliance Program procedures and standards of the International Recording Media Association (available at www.recordingmedia.org). Crystal Clear Media Group, Inc. reserves the right to refuse the processing of any order not complying with the Anti-Piracy Compliance Program guidelines. Undersigned shall indemnify and defend Crystal Clear Media Group against all claims, suits, liability and expense on account of alleged infringement of any patent, copyright or trademark, resulting from or arising in connection with the manufacture, sale, normal use or other normal disposition of any article or material furnished hereunder or with the performance of any service provided hereunder.
  I have read, understand, and agree to the price and terms in my written price quote including (but not limited to) information regarding fill deviation, tax, art fees, shipping, turn time, pricing for additional services that might be applicable to my order, and payment terms.
NOTE: (If you do not have a written price quote from Crystal Clear, please contact us immediately for an official, written quote before you can continue your order.)
  I have read, understand, and agree to the current Crystal Clear Media Group payment terms and conditions as noted below. http://www.crystalclearcds.com/order/paymentterms.php







  I understand and agree that if paying by credit card, my typed name below is my “digital signature” and represents the same agreement and payment obligation as signing a credit card sales slip in person.

Name of Representative from Party Soliciting Order:

Date:  07/30/2010
CD Duplication CD ROM Replication CD Manufacturing Crystal Clear Disc Duplication & Tape Dallas Texas
Crystal Clear Media Group - 10451 Markison Rd. Dallas, TX 75238 - 1.800.880.0073 - Email
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