SNOCAP

SNOCAP, Inc. Dispute Resolution Policy and First Registrant Rule

All terms used herein shall have the meanings set forth in the Account Registration Agreement in which this Dispute Resolution and First Registrant Rule is referenced, and, by accepting the Account Registration Agreement, you agree with the terms and conditions of this Dispute Resolution Policy and First Registrant Rule, and you agree to be bound by its terms.

First Registrant Rule.

Before SNOCAP permits you to register content in the Database, you must complete the application and screening process. As part of this process, SNOCAP will determine if any of the content you wish to Register has been previously Registered by another SNOCAP Content Provider, or is otherwise potentially questionable.

Disputes or inconsistencies may arise when content is Registered in the SNOCAP Database. This can be the result of mistakes or fraud, or, for example, because two or more content owners have an ongoing dispute regarding their ownership of content. These disputes may involve claims to copyright ownership, or, for example, in the case of split-territory agreements between content owners, may involve disputes between parties over which countries they have the right to Exploit content in.

SNOCAP does not arbitrate or resolve disputes or conflicts involving content owners or Registrants. We rely on the representations and warranties of the first person to Register content in the Database that the claims made by that party about Registered content are true, correct and accurate. Those claims include representations and warranties that the Registrant has the right to Exploit the Registered content, to Register the content with SNOCAP, to set the Use Terms for that content, to make representations and warranties with respect to that content, to collect money for Exploitations of that content, to assume the responsibility to pay royalty participants out of monies collected for Exploitations, such as artists, songwriters and music publishers, and to indemnify SNOCAP and SNOCAP Enabled Retailers and hosts, owners, and operators of web sites which contain Artist's Stores for losses arising from any claims.

This SNOCAP policy is referred to as the "First Registrant Rule." If you Register your content in the Database, you may find that another SNOCAP Content Provider has already Registered the same content in their name, and that prior Registration may result in a conflict between the rights you believe you control and the prior Registration. Alternatively, a SNOCAP Content Provider Registering their content after you have Registered your content may find that there is a conflict between your Registration and the rights they think they control.
Dispute Resolution Policy.

In either of the instances outlined in Section 1 above, or in any other instance where there is a conflict between or among Registrants, it is the responsibility of the Registrants to resolve these disputes among themselves, and SNOCAP will not take any role in resolving those disputes, except as expressly set forth herein. Any settlement among the Registrants must include a provision that any disputed payments of monies previously paid by SNOCAP is resolved such that SNOCAP shall not be required to make any retroactive payment and any change of payee shall only apply going forward. SNOCAP's sole responsibility in those disputes is to notify the later Registrant of the prior Registration, to note in the Database that the particular Registered content is in dispute, provide the name and contact information for the First Registrant to the later Registrant, and to follow the joint written instructions of both the First Registrant and the later Registrant after they have resolved the dispute. If your content is disputed, either due to a prior Registration or a later Registration of content, it is up to you and the prior or later Registrant(s) to resolve the dispute among yourselves. SNOCAP will not be a party to such a dispute among Registrants. Such disputes may be resolved by the manner elected by the Registrants in dispute, which could include, for example, negotiation, arbitration, or litigation.
When a dispute is resolved, the Registrants in dispute must submit to SNOCAP a joint written instruction, court order or arbitration order instructing SNOCAP which Registrant(s) have prevailed in the dispute, which Registrants shall prospectively have control over the information in the Database and to whom all future payments shall be made, along with any other information We may require. This instruction may be a jointly signed letter that is jointly submitted to SNOCAP by the Registrants in dispute, a fully executed settlement agreement, a court order, or any other writing acceptable to Us.

Until such time, if ever, as a dispute is resolved, We will continue to account and pay monies We collect are collect from Exploitations of the disputed content, and maintain the Registration of the First Registrant in the Database. If the dispute is resolved in a manner that requires the payment of monies to the later Registrant, our only obligation is to account and pay monies to the later Registrant following SNOCAP's receipt of the joint written instruction described above from all parties to the dispute, including the First Registrant, starting with monies earned in the accounting period during which SNOCAP receives the joint written instruction.

That is, SNOCAP shall not "escrow" or otherwise hold any monies earned by the First Registrant during the period of the dispute, and SNOCAP is not to make any retroactive payment in connection with the resolution of the dispute.

If the parties to the dispute determine that the First Registrant is required to pay monies to the later Registrant for Exploitations of the content at issue prior to the resolution of the particular dispute, those monies must be paid by the First Registrant without the involvement of SNOCAP. Accordingly, SNOCAP will have no involvement regarding past monies paid to a Registrant. We are only responsible to follow the joint written instructions provided to Us by the parties to the dispute in resolution of the dispute for future monies collected.

In the event of a dispute or claim made by a person, firm, corporation or other entity that is not a Registrant, SNOCAP shall take appropriate action in its sole judgment to respond to such dispute or claim.

SNOCAP does not act as a fiduciary to Registrants or owe Registrants any fiduciary duties. You knowingly and voluntarily waive any and all claims that you may have that SNOCAP has breached any fiduciary duty, or comparable relationship of trust, that you may allege SNOCAP owes you.