This AGREEMENT is made by and between Missingink and (Client) to define and clarify the responsibilities and representations of each and to memorialize the terms and conditions of each. This agreement can only be enlarged or modified by written agreement.
Missingink agrees to:
- build, manage, and maintain the Client’s online merchandise shop
- report all domestic CD, digital, and book sales, of SoundScan registered titles, to SoundScan
- handle all customer service, collection of payments, packing and shipping of merchandise orders
- provide Client with a monthly Sales Analysis and Payout
- pay all sales taxes on Client’s merchandise that Missingink sells directly to consumers
Client agrees to:
- agrees to add a link to the store from their Official Site
- agrees to deliver Client-provided merchandise to Missingink in a timely manner as to allow for the timely delivery of orders
- agrees to allow Missingink to publicize the relationship the Client has agreed to in this agreement
- represents that it has all rights (including copyrights, trademarks and service marks) to the merchandise covered by this agreement and that it has the ability to license those rights to Missingink. Client also acknowledges that all such rights remain its sole responsibility and that Missingink assumes no obligation or liability therefor
- represents that it is not under any disability, restriction or prohibition with respect to its right to enter into this Agreement
- Client shall obtain and pay for any and all clearances and licenses as may be required in the territory or any portion thereof for uses of your authorized content, and authorized artwork and metadata. Specifically, and without limiting the generality of the foregoing, you shall be responsible for and shall pay (i) any royalties and other sums due to artists, authors, co-authors, copyright owners and co-owners, producers and any other record royalty participants from sales or other uses of digital masters, (ii) all mechanical royalties or other sums payable to publishers and/or authors or co-authors of musical compositions embodied in digital masters from sales or other uses of digital masters, (iii) all payments that may be required under any collective bargaining agreements applicable to you or any third party, and (iv) any other royalties, fees and/or sums payable with respect to your authorized content, and authorized artwork, metadata and other materials provided by you to us. You agree that the amount payable to you is inclusive of any so-called “artist royalties” that might otherwise be required to be paid for sales or exploitations pursuant to the applicable laws of any jurisdiction
Duration of Agreement
This agreement is effective from the effective date (indicated below). The client can exit this agreement at anytime with a 30-day written notice. Upon exiting this agreement the store link will be deactivated and all remaining merchandise will be shipped back to the client at the clients expense. Shipping fees must be paid prior to merchandise being shipped. Merchandise left unclaimed for more than 30 days after the store has been disabled is subject to a $15 per month storage fee. Merchandise left unclaimed for 90 days after the store has been disabled will be disposed of unless an arrangement has been made between Missingink and the client for long-term storage.
Missingink will pay the Client, on a monthly basis, 80% of all monies received by Missingink from online sales. This rate includes all products including digital download sales. Client sets all price points. No free goods, premiums, or give aways will be offered without Client’s prior approval in each instance. The store is equipped with a coupon code function. Missingink takes commissions on the retail price before coupon discounts are applied.
Missingink charges a $20 fee each month to every shop. This $20 fee will be in addition to any commission that Missingink might take for orders placed that month.
All payments due the client will be made by the fifteenth day of the following month for commissions of $50 or more. Missingink will hold sales commission checks until $50 is reached.
Overall appearance to match existing artist site and populating shop with all hard good items carries no charge or monthly maintenance fees. If digital downloads are to be sold in the artist shop a $25 per album fee is required for setting up digital downloads for online sales.
Shop Bandwidth and Storage Includes
- 1 Gigabyte disk space; web, and other content
- 10 Gigabyte Bandwidth/Transfer per Month
- Additional Bandwidth $0.22/Gigabyte
- Additional Disk Space $0.22/Gigabyte
What is Bandwidth?
Bandwidth (consumed bandwidth) is a measurement of the flow of data from one computer to another. When someone requests an image or page data from your web site, that data is transferred through wires from our data center – which travels through a communication path. The amount of data that travels that path is measured as bandwidth.
Bandwidth is also calculated upstream or when sending data from your computer to our data center.
Most sites which provide basic services such as physical products, photo galleries, news, tour dates, etc. will rarely, if ever, use their monthly allocated bandwidth. However, sites offering free downloads (music, videos, images, etc.), or downloads of unusual size (raw audio files, large videos, etc.) may use more than is allocated to their account. In these circumstances bandwidth overage charges will apply.
You can easily estimate bandwidth by multiplying the size of a file by the number of times that it is requested.
- Example 1
- Assume you are selling, or giving away, a 15-track album. Each track is exactly 6 Megabytes and you assume 500 people will download the entire 15 tracks.
- 15 songs, each at 6MB = 0.087 Gigabytes*
- 15 songs, each at 6MB x 500 downloads = 43.95 Gigabytes
- Assuming you’ve already used your bandwidth for the current month, you’re charges would be:
- 15 songs, each at 6MB = $0.019 (per download set) x 500 downloads = $9.66
- Example 2
- Assume you have a photo gallery that contains 100 photos. Each photo is 400 Kilobytes and you have 10,000 visitors view every photo once in a month.
- 100 photos, each at 4KB = 0.00039 Gigabytes*
- 100 photos, each at 4KB x 10,000 visitors = 3.8 Gigabytes
- While this would fit well within your monthly bandwidth allocation, let’s assume you’ve already used your bandwidth for the current month, you’re charges would be:
- 100 photos, each at 4KB x 10,000 visitors = $0.84
*There are 1024 Megabytes in a Gigabyte
Missingink reserves the right, according to it’s own discretion, to charge a storage fee for client articles over a certain size/amount. Each store shall include 12 cubic feet of storage, and shall be alloted one (1) additional cubic foot of storage per $500 in sales per month over $1,000. Clients not meeting these terms may elect to have materials returned to them, or, at Missingink’s discretion, be charged a storage fee of $2.50 per month per cubic foot of storage. Example of cubic feet: 4 boxes of 30 CD’s = 1 cubic foot. One case of t-shirts (17″x16″x22″) = 3.46 cubic feet.
Lost, Stolen and Defective Product Fees
USPS First Class Mail can be selected as the shipping method at checkout for any order weighing under 1 pound. First Class Mail shipments include no insurance from the USPS. If a First Class Mail package is lost there is no path for reimbursement for the lost shipment from the USPS. For the initial shipment, the customer pays the shipping fees. In these instances, we bill the client back for the actual shipping costs to reship the product. We do not charge a fulfillment fee for reshipping lost shipments.
If an order weighs over 1 pound the First Class Mail option is omitted from the shipping options at checkout. The only shipping options available for orders weighing over 1 pound are USPS Priority Mail, FedEx and UPS. All of these shipping methods include $100 worth of insurance by the respective carriers. If the overall product cost of a shipment exceeds $100 we add additional insurance to cover the cost of the shipment if lost. If a Priority Mail, FedEx or UPS shipment is lost Missingink files a claim for the lost shipment with the respective carrier. The carrier reimburses Missingink for the lost shipment which covers the reshipment fee and reimburses the artist for the cost of the lost product.
In the instance we have proof of delivery for a shipment from the carrier yet the customer states the product did not arrive, we request the customer check with their mail carrier and local post office to see if they can shed any light on the issue. In 90% of the cases the package shows up based on insight provided by the carrier. If after investigation it is determined the package was stolen, the carrier will not reimburse Missingink for stolen packages. In the case of a stolen package, Missingink will charge the client back for only the reshipment fees and will handle all logistics of coordinating the reshipment of the stolen package with the customer in the clients behalf with will charge no additional fulfillment fees.
In the instance of a customer receiving a “defective product” (LP or CD skips, T-shirt has a hole in it etc) Missingink charges the client back the shipping fee for reshipping the defective product. In addition, Missingink charges a reshipment fulfillment fee of $2.50 for a single item shipment + .50¢ for each additional item if a shipment has multiple items. If the client requires that we bring the defective product back from the customer we charge the shipping fees incurred to ship the defective product back to Missingink as well.
Bulk Shipping Fees – Turnaround
Bulk shipping fees relate soley to requests by Client to ship Client’s products in bulk back to Client or to a third party on behalf of Client. These shipments are charged at the rate of Client acknowledges that short notice disrupts Missingink’s staff from normal daily duties and requires dedicated team members to stop other projects to focus on outgoing bulk shipments requests. Therefore, Missingink charges fees based on turn times requested for these shipments as detailed below:
Notice to Ship Fee Per Box
- 72 hours notice $10.00 per outgoing box
- 48 hours notice $15.00 per outgoing box
- 24 hours notice $25.00 per outgoing box
- Same Day notice $50.00 per outgoing box
Any bulk shipping fees initiated by the client will be applied to the credit card on file.