Online Services Dealer: Authorized Online Services Card Dealer Agreement
YamahaMusicSoft / Licensing agreement for authorised dealers
Between Yamaha Music Interactive, Inc. (YMIA) 6600 Orangethorpe Avenue, Buena Park, California 90620 And
(dealer details to be found in Yamaha Online Service Registration Form)
§1 SUBJECT OF THE AGREEMENT
YMIA grants the authorised dealer the right to use the offer in the “yamahamusicsoft.com” for the resale of music software data (Midifiles, Styles, Registrations, Voice Packs etc.) to end customers subject to the following terms and conditions.
The authorised dealer can request Yamaha download products via the Internet and offer them for sale in his/her shop by transferring download data once onto data storage media such as a disc or USB stick and/or by selling them to end customers electronically.
§2 ACCESS TO A DEALER ACCOUNT/OBLIGATIONS OF THE AUTHORISED DEALER
The conclusion of an agreement in the Download Service requires that a Yamaha distributorship agreement has already been concluded. The authorised dealer recognises YMIA’s General Terms and Conditions; these are an integral part of the distributorship agreement and can be found on the Yamaha homepage.
The authorised dealer first makes a new registration in the YamahaMusicSoft indicating an unambiguous company name.
On receipt of the licensing agreement duly signed by the authorised dealer, YAMAHA will communicate an access code with which the authorised dealer can then buy from the YamahaMusicSoft. Communication of the access code constitutes the conclusion of the agreement. After successful registration, access to the Yamaha account is possible at any time via email and code.
The authorised dealer undertakes to keep his/her access data secret, to protect them against loss and to ensure no misuse can be made of the access code by the authorised dealer’s employees and/or any third parties. YMIA must be informed immediately in the case of loss of the code or any risk of misuse. The authorised dealer is liable for the costs and any compensation for damages arising from misuse by third parties. He/she releases YMIA from any claims from third parties, in particular from the GEMA or other copyright controlling organization.
In as far as the authorised dealer has received access authorisation to the YamahaMusicSoft and indicates that he is an authorised dealer on his/her homepage, such homepage must comply with all legal requirements. Should this not be the case, YMIA is entitled to cancel this agreement on important grounds.
§3 OBLIGATION CONCERNING THE RESPECTIVE SINGLE DOWNLOAD PER CUSTOMER PURCHASE ORDER
The authorised dealer is obliged to make only one individual single download for each customer purchase order. The individual single download alone ensures the required licensing (GEMA etc.) via the Yamaha Shop System. Data that have been downloaded for customers may NOT be saved in any database or server system of the authorised dealer, in fact they must be deleted after the downloading and copying procedure.
On principle multipleusage of any download data whatsoever is prohibited and in case of violation will lead to immediate cancellation of this agreement without notice.
The authorised dealer is obliged to inform his/her customers that YAMAHA products are copyrighted material and, with the exception of one single backup copy, may not be copied. Noncompliance is liable to prosecution.
§4 DISCOUNT AND PAYMENT
The dealer receives a discount on all purchases made from the YamahaMusicSoft. The following discounts are granted on the individual categories
Single titles as Midifiles, Songs or Styles: 25%
Registration Packs: 25%
Song , Style and Voice Packs: 25%
YAMAHA reserves the right to alter the conditions.
The purchases made in the YamahaMusicSoft are to be paid by each individual order using one of the standard payment methods in the YamahaMusicSoft. Invoicing of all download purchases is made on the basis of net prices (YamahaMusicSoft retail price without VAT), minus the discount. An invoice (order confirmation) will be provided directly after each order.
The authorised dealer makes notification of any complaints/differences at the latest within 12 weeks after the download, complaints received after this period cannot be considered.
The dealer makes all efforts to achieve monthly download sales of at least 100,00 euros.
§5 PRICING FOR RESELLING
The dealer is free to set prices as he/she chooses, the prices indicated by YMIA are the manufacturer’s recommended retail prices.
§6 Sales overview
The authorised dealer can at any time view the purchases made and print out an overview via “My Yamaha Account”.
YMIA will only save the respective authorised dealer’s data for statistical purposes and will not pass these on to third parties. The authorised dealer gives his express permission for such storage.
Claims for damages of any kind made by the authorised dealer against YMIA are excluded.
§8 DURATION AND TERMINATION OF THE AGREEMENT
The agreement is concluded for an unlimited period and can be terminated with a period of notice of one month to the end of the month. In the case of the termination of the distributorship agreement, this licensing agreement shall also be terminated with simultaneous effect.
§9 PLACE OF JURISDICTION
The law of the United States is applicable. In as far as the authorised dealer is a businessman, California is the exclusive place of jurisdiction.
Any alterations or extensions to this agreement, including this provision, must be made in writing. Should any provision of this agreement be or become invalid in part or in full, this shall in no way affect the validity of the remaining provisions of the agreement. The invalid provision shall be replaced by a provision that comes as close as possible to the intended purpose of the invalid provision.
Copyright © 2001-2016 Yamaha Music Interactive, Inc.