iamplify

Help
MediaFactory > Register
Already registered? Log In
Welcome to the iAmplify MediaFactory Registration
Sign-up below, upload your media, create products, promote them and earn a substantial revenue share.
If you have any other questions, please click here to view our FAQ.
Start amplifying your content and your business today. Welcome to iAmplify.
*Amplifier Name
This unique name is how you are listed in the iAmplify Store and on your Bio page
Referred by
If you are being referred by a current iAmplify partner, please input their Amplifier Name here
*First Name
*Last Name
Website URL
*Email Address
Must be a working email
*Retype Email Address
*Password
Minimum 6 characters
*Retype Password
TERMS OF SERVICE - PLEASE REVIEW AND CHECK BOX BELOW

								IAMPLIFY LLC

PUBLISHING TERMS & CONDITIONS

iAmplify, LLC, a New York limited liability company with an address at 303 South Broadway, Suite #105, Tarrytown, New York 10591 (collectively with our licensees and assignees referred to in this Agreement as "iAmplify") provides users with a platform for the sale, use and distribution of digital content through its network of properties and its affiliates, resellers, and distributors (the "iAmplify Service") and the associated website, www.iamplify.com (the "Site"). 

Use of the iAmplify Service is contingent upon acceptance of this Terms of Service Agreement (the "Agreement"). iAmplify may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Site.

RIGHTSHOLDER'S CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY RIGHTSHOLDER OF SUCH RULES, CHANGES, OR MODIFICATIONS.

The parties hereby agree as follows:

1.Definitions.
1.1."Confidential Information" shall have the meaning ascribed to it in Section 12.

1.2."iAmplify Affiliate Network" shall mean the network of third-party websites using the eCommerce Store Widget and other means to distribute content (including but not limited to Rightsholder Content) through an agreement with iAmplify subject to the terms and conditions set forth at http://iamplify.com/terms .

1.3."eCommerce Store Widget" shall mean iAmplify's proprietary media player software, including all necessary code, software and related components, that allows end users to (i) stream samples of Rightsholder Content at no cost; (ii) follow a link to a landing page on the iAmplify Site that allows the end user to purchase and download Rightsholder Content; and (iii) follow a link to a landing page on the iAmplify Site that allows such end user to sign up to become part of the iAmplify Affiliate Network, and/or other functions as may be included in the future.

1.4."Rightsholder Content" shall mean the audio and/or audiovisual content owned or controlled by Rightsholder that Rightsholder provides to iAmplify for distribution hereunder.

1.5."Rightsholder Site" shall mean any websites that the Rightsholder owns or operates.

1.6."Referral Fee" shall have the meaning ascribed to it in section 3.2

1.7."Revenue Share" shall have the meaning ascribed to it in Section 3.1.


2.Authorization to Distribute.
2.1. Authorization. Rightsholder hereby authorizes iAmplify on a non-exclusive revocable worldwide basis during the Term to host, copy, edit for timing, stream, publicly perform, sell and distribute the Rightsholder Content via the iAmplify Service to end users for personal use, and to authorize third-party subdistributors (including the iAmplify Affiliate Network) to do the same.  iAmplify shall have the right to assign Rightsholder Content to appropriate categories within the iAmplify Service.  iAmplify may remove Rightsholder Content from the iAmplify Service at any time.  

2.2.Ownership. As between iAmplify and Rightsholder, all right, title and interest in and to all Rightsholder Content and the Rightsholder Site, including but not limited to all copyrights and equivalent rights embodied therein and all trademarks, service marks, trade dress, artwork, names, likenesses and biographical material that Rightsholder associates with the Rightsholder Content shall remain the sole property of Rightsholder. All rights not expressly granted herein are reserved by the owner.  As between iAmplify and Rightsholder, all right, title and interest in and to the iAmplify Service, including but not limited to all copyrights and equivalent rights embodied therein and all trademarks, and service marks, shall remain the sole property of iAmplify. 

2.3.Trademarks, Names and Likenesses. Rightsholder hereby grants to iAmplify a revocable, non-exclusive, worldwide right to use all the trademarks, service marks, trade dress, artwork, names, likenesses and biographical material that it associates with the Rightsholder Content for the sole purpose of promoting the sale and distribution of the Rightsholder Content. All use of any trademarks hereunder shall inure to the benefit of the owner.

3.Compensation. 
3.1.iAmplify shall pay to Rightsholder a payment of twenty-five percent (25%) of Gross Revenue (the "Revenue Share"). For the purposes of this Agreement, "Gross Revenue" shall mean any and all money actually received by iAmplify from the sale and distribution of the Rightsholder Content via the iAmplify Service less refunds and returns and payment processing fees. Any Revenue Share payment shall be paid in U.S. Dollars. Any termination of this Agreement shall not affect iAmplify's obligation to pay the Revenue Share as set forth herein.

3.2.Rightsholder may use the iAmplify Affiliate Network for the sale and distribution of Rightsholder Content via the Rightsholder Site, and earn an additional Referral Fee of 30% of Gross Revenue.  Rightsholder must join the iAmplify Affiliate Network by enrolling via http://affiliates.iamplify.com/scripts/signup.php?pid=default to earn a Referral Fee. All payments due for the distribution of content via the iAmplify Affiliate Network shall be subject to the terms and conditions of the iAmplify Affiliate Network, and shall be treated and paid separately from any Revenue Share payments and statements due hereunder.

3.3. Rightsholder may refer other content owners ('Referred Expert') to the iAmplify Service for the sale and distribution of audio and/or audiovisual content owned by the Referred Expert, and earn ten (10) percent of the Referred Expert's Gross Revenue.  The payment will be made on an annual basis, no later than April 31, for the previous calendar year.? The Referral Bounty is not deducted from nor does it affect any other payments made to you or payments made to any experts that you refer.  For the avoidance of doubt, these payments will come from the iAmplify portion of Gross Revenue.

3.3.iAmplify shall pay the Revenue Share within ninety (90) days of the end of each calendar quarter in which the Revenue Share is earned for transactions occurring at least thirty (30) days before the end of the quarter and for the last thirty (30) days of the previous quarter.  This thirty (30) day period allows for quarterly sales revenue collection, customer returns and payment processing.  Notwithstanding the foregoing, if the aggregate Revenue Share for any particular calendar quarter is less than five hundred dollars ($500), iAmplify shall not pay the Revenue Share for that quarter, but instead carry over the balance to the next calendar quarter. Together with any payment of the Revenue Share, iAmplify shall deliver a detailed statement setting forth the basis for the calculation of the Revenue Share.  In the event of any change to iAmplify"s general Revenue Share payment practices which results in a decrease to the minimum quarterly aggregate Revenue Share requirement and/or faster payment cycles, iAmplify shall pay Rightsholder according to the new practices.    

3.4.The payment described in this Section 3 is full and final compensation to Rightsholder and no additional payments shall be payable to Rightsholder for any reason.

3.5.For a period of one (1) year following the delivery of any statement delivered hereunder, Rightsholder shall have the right to audit and examine the books and records of iAmplify as the same pertain to the calculation of the Revenue Share for such statement, provided that such examination shall take place no more than one time per calendar year or once with respect to any particular statement, during normal business hours at the offices of iAmplify, on reasonable written notice, and at Rightsholder's sole expense.  Should any such audit reveal underpayment of any amounts payable hereunder, iAmplify shall promptly pay to Rightsholder the balance of any underpayment.  All information of iAmplify discovered or disclosed in an audit shall be deemed to be the confidential information of iAmplify.

4.User Information. 
4.1.iAmplify shall disclose to Rightsholder the names and e-mail addresses of clients who have purchased the Rightsholder Content. Any information supplied by end users via the iAmplify Service shall remain the sole property of iAmplify. Any personally identifiable information shared with Rightsholder shall be subject to Rightsholder's adherence to the privacy policy of iAmplify available at http://iamplify.com/terms.  

5.Term and Termination.
5.1.The Term of this Agreement will be from the Effective Date until terminated by either party upon ninety (90) days written notice.  Rightsholder may terminate the agreement by emailing expert@iamplify.com with the word "Terminate" in the subject line.  

5.2.All portions of this Agreement that are reasonably intended to survive any termination or expiration of this Agreement shall remain in full force and effect following the expiration or earlier termination of this Agreement.

6.Account, Password Security 
6.1 Rightsholder will receive a password and account designation upon completing the Service's registration process. Rightsholder is responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password or account. Rightsholder agrees to (i) immediately notify iAmplify of any unauthorized use of Rightsholder's password or account or any other breach of security, and (ii) ensure that you exit from Rightsholder's account at the end of each session. iAmplify cannot and will not be liable for any loss or damage arising from Rightsholder's failure to comply with this Section 6.

Rightsholder agrees to provide true, accurate, current and complete information as prompted by the Site's registration form (such information being the "Membership Data") and maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If Rightsholder does not, or iAmplify has reasonable grounds to suspect that the Rightsholder has not, iAmplify has the right to suspend or terminate your account and refuse any and all current or future use of the Site. Membership Data and certain other information about you are subject to our Privacy Policy.

7.iAmplify Obligations.
7.1.iAmplify shall host a designated landing page on the iAmplify Site for end users to purchase the Rightsholder Content.

7.2.iAmplify may, at its sole discretion, promote the sale and distribution of the Rightsholder Content in the iAmplify catalog available at the iAmplify Site and via other means.

8.Representations and Warranties.
8.1.iAmplify hereby represents and warrants that:
8.1.1.it has full authority to enter into this Agreement and to fully perform the obligations hereunder;
8.1.2.it shall not act in any manner or enter into any agreement which conflicts or interferes with its performance hereunder, and that no agreement previously entered into will interfere with its performance hereunder; and
8.1.3.the iAmplify Service shall not infringe the rights of any third party.

8.2.Rightsholder hereby represents and warrants that:
8.2.1.it has full authority to enter into this Agreement and to fully perform the obligations hereunder;
8.2.2.the Rightsholder Content and all materials and services provided to iAmplify hereunder, and iAmplify's sale and distribution of the Rightsholder Content as contemplated by this Agreement, shall not infringe the rights of any third party
8.2.3.it shall not act in any manner or enter into any agreement which conflicts or interferes with its performance hereunder, and that no agreement previously entered into will interfere with its performance hereunder; and
8.2.4.unless otherwise agreed in writing by the parties, it shall be solely responsible for obtaining and paying for any clearances or licenses for any third party intellectual property or content included in the Rightsholder Content and shall be solely responsible for paying any and all authors or performers featured in the Rightsholder Content..

9.Indemnification. 
Each party shall defend, indemnify and hold the other and its employees, officers, directors, managers, members, licensees, successors and assigns harmless from and against any and all damages, liabilities, cost and expenses, including legal expenses and reasonable attorneys' fees, resulting from third party claims, actions, or proceedings arising out of any breach or alleged breach by the indemnifying party of any warranty, representation or agreement made by it in this Agreement. In claiming any indemnification hereunder, the indemnified party shall promptly provide the other party with written notice of any claim which the indemnified party believes falls within the scope of the foregoing indemnification.  The indemnified party may, at its own expense, participate in the defense if it chooses, provided that the indemnifying party shall control such defense and all negotiations relative to the settlement of any such claim. Any settlement that adversely impacts the indemnified party shall not be final without the indemnified party's prior written consent.

10.Limitation of Liability. EXCEPT PURSUANT TO THE INDEMNITY OBLIGATIONS IN SECTION 7, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THEIR POSSIBILITY.

11.Disclaimer. THE IAMPLIFY SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IAMPLIFY EXPRESSLY DISCLAIMS ALL LIABILITIES FOR DAMAGES RESULTING FROM THE USE OF THE IAMPLIFY SERVICE AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT AS EXPRESSLY SET FORTH HEREIN. IAMPLIFY MAKES NO WARRANTY THAT (i) THE IAMPLIFY SERVICE WILL MEET RIGHTSHOLDER'S REQUIREMENTS, (ii) THE IAMPLIFY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE IAMPLIFY SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY RIGHTSHOLDER FROM IAMPLIFY OR THROUGH OR FROM THE IAMPLIFY SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

12.Confidentiality. iAmplify and Rightsholder hereby agree that all information regarding a party's finances, business, marketing plans, as well as all other information that a receiving party knows or should reasonably understand is confidential ("Confidential Information") shall be maintained as confidential by the receiving party. The Confidential Information shall not be disclosed at any time to any person other than agents, employees, counsel and accountants bound by confidentiality obligations except to the extent required by an order of a court or other tribunal having jurisdiction or pursuant to rules and regulations of a governmental body. These obligations of confidentiality shall not apply to any information which (i) is or becomes known to third parties without any obligation of confidentiality other than through a breach by the recipient, (ii) is known by the receiving party at the time of receipt as shown by written records, (iii) is independently developed by the receiving party without reference to the Confidential Information, or (iv) the disclosing party permits the disclosure of by prior written consent. Each party agrees that the Confidential Information is of great value to the other, and if disclosed to third parties other than as permitted herein would cause irreparable harm; therefore, in the event of any breach or threatened breach by the receiving party, the disclosing party shall be entitled, in addition to other remedies that may be available, to equitable relief as may be necessary to protect the disclosing party against such breach or threatened breach.

13.Miscellaneous.
13.1.Notice. Notices to each party shall be sent by email to the addresses provided by the parties.  All notices to iAmplify shall be sent to expert@iamplify.com.  

13.2.iAmplify may assign this Agreement without the prior written consent of Rightsholder in the event of any sale, merger or change of control of iAmplify or a sale of all or substantially all of its assets. This Agreement is binding upon and shall inure to the benefit of the respective successors and/or assigns of the parties hereto.

13.3.No Waiver. Failure by either party to exercise any right or remedy under this Agreement does not signify acceptance of the event giving rise to such right or remedy. No waiver in any particular circumstance should be construed as a bar to a party's refusal to waive other or subsequent defaults, breaches or events. 

13.4.Limitations. Rightsholder agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the iAmplify Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

13.5.Governing Law; Submission to Jurisdiction. The validity of this Agreement, the construction and enforcement of its terms, and the interpretation of the rights and duties of the parties under this Agreement shall be governed by the internal laws of the State of New York, without regard to conflicts of law rules. The parties hereto agree that the state and federal courts sitting in the County of New York, New York shall be the proper forums for any legal controversy arising out of or in connection with this Agreement, and the parties hereby irrevocably and unconditionally consent to the exclusive jurisdiction of such courts for such purposes and to venue therein.  In addition, the parties hereby waive any right to assert that the County of New York is an inconvenient forum.  The parties agree that service of process may be made on them in any manner available under any applicable law or intentional convention.

13.6.Relationship of the Parties. Nothing contained in this Agreement shall be construed to constitute the parties to be partners or joint ventures with or agents for one another. Neither party shall have the authority to, nor shall either, obligate or bind the other in any manner whatsoever, except as may be otherwise specifically provided in this Agreement.

RIGHTSHOLDER'S CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY RIGHTSHOLDER OF SUCH RULES, CHANGES, OR MODIFICATIONS.
I certify that I have the rights to use, distribute, and sell any content that I upload to iAmplify
I Agree to the Terms and Conditions
The following fields are required: