American Society for Collective Rights Licensing
ASCRL MEMBERSHIP AGREEMENT
PART VI.
AGENCY TERMS
I. AGENTS.
You may designate that the reprographic funds distributable to you may be payable to an agent. Such a designation shall be submitted on the ASCRL Agent Agreement form, which shall be updated from time to time, as may be required by ASCRL. Agency designations may be revoked only in accordance with the terms of the Agent Agreement. When you appoint an agent they will be your agent for all purposes and all dealings with ASCRL.
A. Agent Appointment.
Your appointment is for them to act in your name, place, and stead, and with full power of substitution, as your attorney in fact. The Agent’s appointment and authority shall be exclusive, and you abrogate your, and you retain no, authority to engage directly in any dealings with ASCRL while the appointment is in effect. The appointment includes appointment for all dealings with ASCRL (including without limitation, agreeing to the ASCRL Mandate, ASCRL Membership Agreement, amendments thereof, all financial transactions, payment instructions, termination, and all other matters with ASCRL). While the appointment is in effect, ASCRL, and those acting under its instruction, shall be entitled to rely exclusively upon all acts, deeds, and omissions of the Agent, which shall all be binding upon you, the same as if the agent’s acts, deeds, and omissions your own. By accepting the appointment the Agent warrants and represents that it has the full power, and authority, to act in your behalf, and that they shall fully, faithfully, and completely perform all acts for you for all purposes provided for in the agreement.
B. Termination of Appointment.
The appointment can be terminated by ASCRL at any time, for any reason, for cause, and or without any case. ASCRL shall determine, in its sole and absolute discretion, when such termination will be effective. Upon termination, you shall modify your registration with ASCRL and update any changes needed to your account information to act in your own behalf.
The Principal and or Agent may terminate the Agent’s Authority, by noticing the termination on the ASCRL web portal. Such termination will be effective 90 (ninety) days after ASCRL receives the notice on the portal, except that if such termination occurs during an open claims period such termination shall be effective 90 (ninety) days after the close of the open claims period. The distributions of any remuneration shall be made in accordance with the appointment until the termination becomes effective.
C. Payments Pending Dispute.
If a dispute arises in connection with a payment to you or the Agent, ASCRL may withhold the payment until the Agent and you obtain a final arbitration order directing ASCRL in regard to the payment. The Principal and or Agent may forfeit the payment if the arbitration is not resolved within twelve (12) months.
D. Indemnity.
You and the Agent do jointly and severally agree to indemnify, protect, defend, and hold harmless, ASCRL, its officers directors, employees, and agents (herein the “indemnified parties”) from and for any and all claims, demands, actions, proceedings, liability, and costs (including legal fees, investigation fees, administration fees, arbitration fees, and or court costs), that they may incur and or that may arise out of or in connection with any acts taken by the Agent or you, and or any of the indemnified parties’ own acts (except those that constitute a violation of federal or state statute, that constitute a willful tort, or that arise solely from their own gross negligence) and that concern their dealings with you and the Agent. This indemnity supplements and does not replace any other indemnity you provide to the indemnified parties.
E. Resolution of Disputes With Agent.
If a dispute arises concerning this agreement, the Agent, and or Principal, and any dealings between them or with them, it shall be resolved exclusively by binding arbitration as provided for in this ASCRL Membership Agreement.
F. Execution of Agency Agreement.
Your appointment of an agent may be executed electronically. Electronic copies of the appointment shall be binding as originals, and shall be relied upon by ASCRL, the Agent, the Principal, and any other party to whom the Appointment may be provided. The appointment is subject to acceptance by ASCRL, and it may be refused by ASCRL with or without cause.
PART VI.
AGENCY TERMS
I. AGENTS.
You may designate that the reprographic funds distributable to you may be payable to an agent. Such a designation shall be submitted on the ASCRL Agent Agreement form, which shall be updated from time to time, as may be required by ASCRL. Agency designations may be revoked only in accordance with the terms of the Agent Agreement. When you appoint an agent they will be your agent for all purposes and all dealings with ASCRL.
A. Agent Appointment.
Your appointment is for them to act in your name, place, and stead, and with full power of substitution, as your attorney in fact. The Agent’s appointment and authority shall be exclusive, and you abrogate your, and you retain no, authority to engage directly in any dealings with ASCRL while the appointment is in effect. The appointment includes appointment for all dealings with ASCRL (including without limitation, agreeing to the ASCRL Mandate, ASCRL Membership Agreement, amendments thereof, all financial transactions, payment instructions, termination, and all other matters with ASCRL). While the appointment is in effect, ASCRL, and those acting under its instruction, shall be entitled to rely exclusively upon all acts, deeds, and omissions of the Agent, which shall all be binding upon you, the same as if the agent’s acts, deeds, and omissions your own. By accepting the appointment the Agent warrants and represents that it has the full power, and authority, to act in your behalf, and that they shall fully, faithfully, and completely perform all acts for you for all purposes provided for in the agreement.
B. Termination of Appointment.
The appointment can be terminated by ASCRL at any time, for any reason, for cause, and or without any case. ASCRL shall determine, in its sole and absolute discretion, when such termination will be effective. Upon termination, you shall modify your registration with ASCRL and update any changes needed to your account information to act in your own behalf.
The Principal and or Agent may terminate the Agent’s Authority, by noticing the termination on the ASCRL web portal. Such termination will be effective 90 (ninety) days after ASCRL receives the notice on the portal, except that if such termination occurs during an open claims period such termination shall be effective 90 (ninety) days after the close of the open claims period. The distributions of any remuneration shall be made in accordance with the appointment until the termination becomes effective.
C. Payments Pending Dispute.
If a dispute arises in connection with a payment to you or the Agent, ASCRL may withhold the payment until the Agent and you obtain a final arbitration order directing ASCRL in regard to the payment. The Principal and or Agent may forfeit the payment if the arbitration is not resolved within twelve (12) months.
D. Indemnity.
You and the Agent do jointly and severally agree to indemnify, protect, defend, and hold harmless, ASCRL, its officers directors, employees, and agents (herein the “indemnified parties”) from and for any and all claims, demands, actions, proceedings, liability, and costs (including legal fees, investigation fees, administration fees, arbitration fees, and or court costs), that they may incur and or that may arise out of or in connection with any acts taken by the Agent or you, and or any of the indemnified parties’ own acts (except those that constitute a violation of federal or state statute, that constitute a willful tort, or that arise solely from their own gross negligence) and that concern their dealings with you and the Agent. This indemnity supplements and does not replace any other indemnity you provide to the indemnified parties.
E. Resolution of Disputes With Agent.
If a dispute arises concerning this agreement, the Agent, and or Principal, and any dealings between them or with them, it shall be resolved exclusively by binding arbitration as provided for in this ASCRL Membership Agreement.
F. Execution of Agency Agreement.
Your appointment of an agent may be executed electronically. Electronic copies of the appointment shall be binding as originals, and shall be relied upon by ASCRL, the Agent, the Principal, and any other party to whom the Appointment may be provided. The appointment is subject to acceptance by ASCRL, and it may be refused by ASCRL with or without cause.
