Terms and Conditions

Nasty Casty Records only accepts original music from the Artist or Artist’s management.  If you are not the Artist who created the music or that Artist’s management, do not submit music.  By submitting music to Nasty Casty Records for any one of its compilation CDs you hereby attest to the fact that you are the creator of said music and have the right to sell and redistribute the music.

  1. Eligibility. You must be an Artist/Band that is not signed to either a recording contract or distribution agreement.  You must be the creator of the original music submitted for consideration, and have the right to sell and distribute the music.
  2. Terms. Nasty Casty Records (NCR) agrees to perform the following:
    1. NCR will author, design, produce and manufacture 1,000 CDs.
    2. CDs will be packaged in clear tray jewel case, with a 4-page, full-color insert and celo-wrapped.  CD will include band name and photo, song title, band members’ names and band website or MySpace site.
    3. NCR will furnish the Artist with 50 CDs for each song published, i.e. one (1) song = 50 CDs, two (2) songs = 100 CDs at no additional cost other than applicable shipping costs (Section 4).
    4. List price on CD is $15, Artist may sell it for any price up to $15 or give it away as a promotional item.  All proceeds from the sale of the Artist’s CDs belong entirely to the Artist.
    5. NCR will retain an inventory of no more than twenty five percent (25%) of CDs from the initial run for retail and or promotional purposes.  All proceeds from NCR’s sales belong entirely to NCR.  At their discretion, NCR reserves the right to produce additional CDs for sale.  For each additional 1,000 CDs produced, the Artist will receive 25 CDs at no additional cost other than applicable shipping costs.
    6. NCR will distribute the CD for digital download through NastyCastyRecords.com and other digital distributors of their choice for a minimum period of two (2) years.  Artist will receive a seventy percent (70%) royalty fee for each one of their songs sold via digital download.  Royalties will be paid out on a quarterly basis once the Artist has earned a minimum of fifty dollar ($50).
    7. NCR will include hyperlinks to all its digital distributors from its website at http://www.NastyCastyRecords.com.
    8. NCR will include hyperlinks to all its digital distributors from its MySpace site at http://www.MySpace.com/nastycastyrecords.
    9. NCR will include a link from its website to each Artist’s website or MySpace site for a minimum of two (2) years.
    10. Artist will receive a free one-month banner ad at http://www.NastyCastyRecords.com and http://www.RadioScreamer.com.
    11. NCR will conduct direct e-mail marketing campaigns for digital sales using mailing lists provided by Artist(s).
    12. NCR will conduct direct e-mail marketing campaigns for physical sales using its own proprietary mailing lists.
    13. NCR will seek physical distribution through record stores, specialty shops and live events.
    14. In addition to the above mentioned marketing efforts each band will benefit from the marketing and sales efforts of all the other bands on the CD.
    15. Internet Airplay: NCR will rotate songs from CD on its Website and MySpace site on a regular basis.
    16. Radio Airplay: At its own discretion NCR will submit music to relevant radio stations in an attempt to receive some airplay for the artists.  NCR makes no guarantee of radio airplay, express or implied.
  3. Conditions. Nasty Casty Records respects the intellectual property of others, and requires that our Artists do the same.
    1. You may not submit any material that infringes any copyright, patent, trademark or other proprietary rights of any person or entity. It is Nasty Casty Records’ policy to terminate any relationship with any infringer.
    2. Nasty Casty Records prohibits the “abuse” of any and all pornographic material.  You may not submit pornographic images to be included on CD artwork or website, nor may you submit a hyperlink to a pornographic website or images.  The following types of images constitute “abuse” and may not be used under any circumstance:
      1. Pornographic images. This includes, images depicting genitalia, nudity, or sexual situations.
      2. Images that are illegal and/or are in violation of any United States laws.
      3. Images that infringe on the copyrights of any entity excluding the user.
    3. ANY violation of the aforementioned restrictions will result in immediate removal of your ad and or hyperlink–NO refund will be issued.
  4. Fees. Artist agrees to pay a onetime authoring/marketing fee of $150 per song included on CD (limit two songs per Artist).  In addition, Artist agrees to pay all applicable shipping costs associated with the delivery of their CDs.
  5. Disclaimers. NCR is not responsible for and makes no warranties, express or implied, as to the originality of the content submitted for and included on its compilation CDs.  The content of music does not necessarily reflect the opinions or policy of NCR.  NCR is not responsible for the content, accuracy or opinions expressed in Artist’s songs.  In addition, NCR is not responsible for any damage, injury or loss caused by Artist(s), their music or their fans.
  6. Limitation on Liability. IN NO EVENT SHALL NASTY CASTY RECORDS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NCR’s LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO NCR.
  7. Disputes. The Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. Artist and Nasty Casty Records agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
  8. Indemnity. You agree to indemnify and hold Nasty Casty Records, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys’ fees, made by any third party due to or arising out of your use of the NCR Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.

5/4/2011