Mobile Rights Clause Samples

Mobile Rights. The extension of the License to include ringtones, ringbacks and other telephone uses is set out in the Modification (hereafter such extension is referred to as the “Ringtone License Extension”). The terms of the Modification are incorporated herein subject to the following changes: a. All references to “EZ” are hereby replaced with “Traffix”. b. The last sentence of Section 1 and all of Section 5 of the Modification is hereby deleted; c. Section 3 of the Modification is hereby deleted and replaced with the following: “Traffix will pay Madacy a royalty equal to the greater of (i) 10% of the sales proceeds on any mobile use of the License (where the ringtone or group of ringtones, etc. are the subject of a sale, as opposed to where the ringtone is obtained pursuant to a subscription or premium) and (ii) $0.10 for each ringtone which is downloaded, delivered or otherwise conveyed by Traffix (by direct sale, premium, subscription or otherwise). In addition, Traffix will be responsible for all third-party music publishing costs/performance rights relating to the distribution of the song. The term “sales proceeds” does not refer to the sales proceeds paid on a Traffix Sale Event or EZ-Tracks Sale.