Master Tone definition

Master Tone means (i) a digital copy of a thirty (30) second portion of a Master Recording sounded to a calling party; or (ii) a digital audio file embodying a thirty (30) second portion of a Master Recording that is played back to the user of a mobile, cellular, or wireless communications device when such device is receiving an incoming call. All such authorization shall be non-exclusive and shall extend to sales to customers who are located throughout the United States and Canada. COMPANY agrees that CD Baby shall have the right to approve the excerpt of each particular Master Recording that may be used as a Master Tone. All other rights, obligations and provisions hereof shall apply with respect to such Master Tones. COMPANY shall only host the Master Recordings and Master Tones on servers located in Vancouver, British Columbia, and may only sell the downloads and Master Tones directly to consumers and shall not sell or otherwise distribute the downloads and Master Tones through or to other vendors, including by way of syndication, linking, bundling arrangements, co-branded sites and the like without the prior written consent of CD Baby. COMPANY shall also have the right to stream promotional audio clips of not more than thirty (30) seconds duration, and to use approved album artwork and artists' names, and approved likenesses and biographical material concerning artists that are provided by CD Baby in connection with such downloads and Master Tones, and the promotion thereof (subject to any artist-related or other restrictions or limitations as to which CD Baby may give COMPANY notice from time to time). Each artist or other third party who shall provide CD Baby with rights to one or more Master Recordings is sometimes referred to herein as a "Rightsholder".
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Examples of Master Tone in a sentence

  • DY Mobile agrees that, once DY Mobile begins distributing a Master Tone of a specific Universal Sound Recording, where a monophonic or polyphonic ring tone embodying the underlying composition contained in the applicable Master Tone is also for sale by DY Mobile or by an Approved Mobile Provider, DY Mobile or such Approved Mobile Provider (as applicable) will give prominent placement for the applicable Master Tone.

  • COMPANY agrees that CD Baby shall have the right to approve the excerpt of each particular Master Recording that may be used as a Master Tone.

  • In the event that COMPANY shall materially breach this Agreement, including by any failure to account, failure to utilize and/or update accurate information with respect to any download or Master Tone that COMPANY elects to distribute, failure to comply with the security obligations hereunder, or otherwise, then, in any such event, CD Baby shall have the right upon notice in writing to COMPANY to terminate the term hereof with immediate effect.

  • Such accounting shall include each download and Master Tone distributed hereunder by -------------------------------- [***]Certain information on this page has been omitted and filed separately with the Commission.

  • With respect to Master Tones, COMPANY shall pay CD Baby the greater of: (a) [***] percent ([***]%) of the applicable retail price to COMPANY’S customers with respect to each download or transmission of a Master Tone; or (b) the applicable wholesale price set by CD Baby from time to time with respect to each download or transmission of a Master Tone.

  • During the Term, DY Mobile agrees to pay Universal in connection with the provision of the Master Tone Content the greater of *** percent (***%) of Retail Price or $*** per Master Tone downloaded.