Creative Affiliate Program

SoundExchange Creative Affiliate Program Terms And Conditions

Participation in SoundExchange's Creative Affiliate Program is open only to individuals involved in the creative process of making a sound recording (e.g., producers, mixers, engineers). You agree to the following terms and conditions, as provided herein and as amended from time to time.

1. Term and Termination. Your participation in the Program shall commence as of the Effective Date and continue for a period of twelve (12) months thereafter. You may terminate your participation in the Program at any time by providing SoundExchange with thirty (30) days written notice.
2. Annual Fee. The annual fee to participate in SoundExchange's Creative Affiliate Program is $20. The annual fee is non-refundable.
3. Benefits/Disclaimer. SoundExchange may alter or change the benefits offered in connection with the Creative Affiliate Program at any time for any reason without notice to Participant. SOUNDEXCHANGE AND ITS SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES, REPRESENTATIONS, OR COVENANTS RELATING TO THE BENEFITS OF PARTICIPATION, OR OTHER SUBJECT MATTER OF THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PARTICIPANT IS NOT RELYING AND HAS NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, EXPRESS OR IMPLIED, IN DECIDING WHETHER TO ENTER INTO THIS AGREEMENT.
4. Changes to Terms. In order to maintain flexibility in administering this Agreement, SoundExchange may change this Agreement from time to time in its sole discretion. Such changes shall be effective immediately and Participant shall be deemed to have notice of such changes when they are made available on the SoundExchange web site. Notwithstanding the foregoing, if Participant does not wish to accept any changes, Participant shall have the right to terminate his/her participation by providing SoundExchange written notice within thirty (30) days of notice of any changes to this Agreement. Participant shall not be entitled to any refund of dues in connection with a termination of this Agreement.
5. Publicity. Participant authorizes SoundExchange to disclose that he/she participates in SoundExchange's Creative Affiliate Program.
6. Miscellaneous.
   1. Notice to SoundExchange. All communications to SoundExchange by Participant shall be in writing and deemed received (i) when delivered in person; (ii) upon confirmed delivery by a recognized and reputable overnight delivery services (e.g., FedEx, UPS, DHL); (iii) by email to [email protected]; or (iv) five (5) days after being deposited in U.S. mails, postage prepaid, certified or registered mail, addressed to SoundExchange at the following address:
      SoundExchange, Inc.
      Account Services
      733 10th Street, NW, 10th Floor
      Washington, DC 20001
      Facsimile: 202-640-5859

   2. Choice of Law; Severability. This Agreement shall be governed by and construed in accordance with the federal laws of the United States; provided that to the extent not covered by the federal laws of the United States, the law of the District of Columbia shall apply without regard to its conflict of laws principles. Should any provision of this Agreement be rendered or declared invalid by a court of competent jurisdiction, such invalidity shall not invalidate any other provisions of this Agreement and such provisions shall remain in effect.
   3. ARBITRATION. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT, OR THE BREACH THEREOF, WHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL BE SETTLED IN THE DISTRICT OF COLUMBIA BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. THE ARBITRATION WILL BE LIMITED SOLELY TO THE DISPUTE OR CONTROVERSY BETWEEN PARTICIPANT AND SOUNDEXCHANGE. NEITHER PARTICIPANT NOR SOUNDEXCHANGE SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER PERSONS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. THE INDIVIDUAL (NON-CLASS) NATURE OF THIS DISPUTE PROVISION GOES TO THE ESSENCE OF THE PARTIES’ ARBITRATION AGREEMENT, AND IF FOUND UNENFORCEABLE, THIS ENTIRE SECTION 6(c) SHALL NOT BE ENFORCED.