You, the undersigned applicant, will be referred to as the MEMBER, and your products that you are offering for sale will be referred to as your GOODS. You and DigitalCuts.com agree to the following:

1. DigitalCuts.com will represent you in the sale of your goods as a Consignment Merchant.
   
2. You, the MEMBER are entitled to an individual web-based MEMBER page that describes yourself, your background, and your career. The web page will also contain one color photograph, sized to fit a predetermined space on the page (200 pixels x 200 pixels). It will contain hyperlinks to your GOODS for sale, your personal web site (if applicable), and your concert or live appearance dates and locations. It is your responsibility to provide the materials to be included in the MEMBER’s page to DigitalCuts.com.
   
3. Upon acceptance of this application, you are entitled to enter the MEMBERS ONLY section of the DigitalCuts.com web site and any member events scheduled on the web site. All DigitalCuts.com members have equal access to the member services.
   
4. You agree to provide DigitalCuts.com, with one copy of your CD or cassette tape that you wish to offer for sale with this Membership Application. Upon acceptance of this application, you will provide DigitalCuts.com with ten (10) copies, or some other reasonable number of copies of your Compact Disc(s) and/or Cassette Tape(s).
   

5. You may offer additional alternative GOODS for sale on the DigitalCuts.com web site. Examples of additional goods can include such items as Tee Shirts, Baseball Caps, and other promotional GOODS. Non-promotional items will be considered and sold by mutual agreement.
   
6. The title (ownership) of the GOODS shall remain at all times, until a bona-fide sale, with the owner of the consigned GOODS. You may terminate your membership, recall and re-take possession of the consigned property at any time provided a 30 day written notice is delivered to DigitalCuts.com. You are responsible for shipping costs (C.O.D.) for GOODS that you recall.
   
7. You warrant that you own the Title and Copyright to the above GOODS and have not infringed on any Copyright owner. You also agree to bear all costs and responsibility for any Copyright infringement claim against the above GOODS.
   
8. You also agree that the GOODS are free to be sold and distributed and are not prohibited to be sold or distributed by any other prior or existing agreement between you and any other third party.
   
9. You are responsible for the quality of the GOODS, unless DigitalCuts.com provides packaging and duplication services for the GOODS. It is your responsibility to replace defective GOODS.
   
10. DigitalCuts.com shall sell the goods consigned to it by the MEMBER at a price determined by the MEMBER.
    

11. Shipping of the GOODS to a buyer shall be the responsibility of DigitalCuts.com. The collection of monies from a buyer shall be the responsibility of DigitalCuts.com.
    
12. DigitalCuts.com will request additional GOODS when our supply is limited. Your agree to ship additional GOODS upon request.
    
13. As compensation for sales made, DigitalCuts.com shall receive a commission according to the following price structure:
    
    For any item from $5.00 to $9.00 - DigitalCuts.com shall receive a $2.00 flat fee
    For any item from $9.01 to $13.50 - DigitalCuts.com shall receive a $3.00 flat fee
    For any item $13.51 or higher - DigitalCuts.com shall receive a $4.00 flat fee

 

12. DigitalCuts.com will provide a quarterly statement to the MEMBER. Each statement will be accompanied by payment in full for all sums due to you. Should any sums not be paid when they are due, then you shall have the right, but not obligation, to repossess all your merchandise currently in DigitalCuts.com’s possession.
    
13. If requested in writing, DigitalCuts.com shall permit an audit by you or your representative, of DigitalCuts.com’s books and records, together with a physical inspection of the premises and inventory of your GOODS. The inspection may be done at your convenience, provided the inspection is during normal business hours and does not interfere with normal business activities.
    
14. It is the MEMBERS responsibility to protect your Member’s password and for any authorized or unauthorized use made of your password. You will not use or permit anyone to use DigitalCuts.com service to guess passwords or to access other systems or networks with authorization. DigitalCuts.com will fully cooperate with law enforcement authorities in the detection and prosecution of illegal activity.
    
15. MEMBERS are expected to be familiar with and to practice good Internet etiquette (Netiquette). You will comply with the rules appropriate to any service to which DigitalCuts.com may provide access. You should not post, transmit, or permit Internet access to information you desire to keep confidential. You are not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against DigitalCuts.com by offended users. DigitalCuts.com reserves the right to refuse or terminate service at any time. The MEMBER will indemnify DigitalCuts.com and hold DigitalCuts.com harmless from any damage to DigitalCuts.com business, service, equipment, network, operations, or reputation resulting from MEMBER’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
    
16. SPAM Policy: The transmission of any type of material, whether graphical or sexual in content, to other Members or non-subscribers without their express consent or previous solicitation is prohibited under the terms of this agreement. Any violations of our SPAM policy will result in immediate termination. Your company further acknowledges and agrees that DigitalCuts.com is not responsible for and cannot control the content of email messages or fax messages sent to Members by third parties who access your web page.
    
17. This agreement shall not be construed to provide a dealership or franchise. You shall be free to sell on whatever terms you may desire, the GOODS to any entities that you may desire.