REGISTRATION PROGRAM DESCRIPTION

FOR MEDIA-SHIFTING ORIGINAL CHARTBUSTER KARAOKE® MEDIA


The Chartbuster Karaoke Registration Program ("the Program") is a program of Phoenix Entertainment Partners, LLC ("Phoenix" or "we") that is designed to allow commercial karaoke operators ("you") who own original CHARTBUSTER KARAOKE® media to register their ownership of those media with Phoenix through a streamlined process, and in the process to receive from Phoenix a covenant not to sue those operators based on their commercial use of non-original media.


DEFINITIONS

These terms have the following meanings for purposes of the Program.

  • "Medium" (singular) or "Media" (plural) refers to any data storage device. Common examples include hard drives, USB drives, compact discs, DVDs, and SD cards, but these are not the only examples.
  • "Track" refers to a discrete (single) song in any applicable karaoke format. Common formats include MP3+G, CD+G, and MP4, but these are not the only examples.
  • "CB Track" refers to a Track that is marked within the video portion of the Track (1) with the registered trademark CHARTBUSTER KARAOKE (whether or not it also includes the TM or ® symbol), or (2) with the protectable trade dress associated with CHARTBUSTER KARAOKE karaoke tracks, or both.
  • "Original Medium" or "Original Media" refers to Media (1) that contain one or more CB Tracks and (2) that were originally sold by or under the authorization of Tennessee Production Center, Inc., Big Mama Digital Entertainment, Inc., or any related company of these entities.
  • "Non-Original Medium" or "Non-Original Media" refers to Media (1) that are not Original Media and (2) that contain CB Tracks.
  • A "Karaoke System" is a collection of Tracks stored on Non-Original Media that are used together as a single commercial unit. This is often referred to as a "rig." Generally, if two karaoke shows are played simultaneously, two Karaoke Systems are necessary.
  • "Media-Shifting" is the process of creating Non-Original Media by copying Tracks from Original Media or from other Non-Original Media.
  • "Use" of Tracks means playing Tracks or making Tracks available to be played.
  • "Commercial Use" of Tracks is any Use of the Tracks (1) in exchange for money or something else valuable, like free food and beverages, or (2) to encourage money or something else valuable to change hands. Examples of Commercial Use include being paid by a bar or restaurant to put on a karaoke show, being paid by a private individual to put on a private karaoke show at a party, providing free karaoke services as entertainment for a bar or restaurant's patrons, or providing free karaoke services as a fundraiser, but these aren't the only examples. Even private uses can be Commercial Uses, especially if money is involved.
  • "User" refers to a person who makes Commercial Use of Media-Shifted CB Tracks.


MEDIA-SHIFTING/COMMERCIAL USE POLICY

Phoenix's policy is that you may make Commercial Use of Media-Shifted CB Tracks as long as both of the following conditions are and continue to be met:

(1) You own, possess, and do not otherwise use Original Media that correspond, on a 1-original-to-1-non-original basis, to all of the Non-Original Media that are in Commercial Use. This is known as "1:1 correspondence."

AND

(2) You register and remain in good standing with the Program, fulfilling all requirements provided in this document.


REGISTRATION PROGRAM

Registration for the Program is available at https://pep.rocks ("the Website"). Here's how to register for the Program:

(1) Create a free account at the Website using your valid email address.

(2) Provide your basic contact information (full name, business name, address, telephone number, and website or other web presence like Facebook or Twitter).

(3) Tell Phoenix how many Karaoke Systems you're registering.

(4) Describe the Non-Original Medium or Media you're using (for example, Seagate External Hard Drive Serial No. ABC123456789).

(5) List the Original Media you own, by catalog number, disc title, or other identifying information, plus the number of each that you own. This information can be provided in a list to be uploaded or keyed in individually.

(6) Upload one or more photos of the Original Media. (This is just a general photograph or two to verify that you actually possess the Original Media. We do not need individual photos of discs.)

(7) Upload a copy of any certification documents previously issued to you. This can be a scanned document or a photograph as long as the text is legible.

(8) Pay the fee for the service, if any, using a major credit card (Mastercard, Visa, or Discover).

Photos and documents should be in .JPG, .PNG, or .PDF format. Phoenix may request additional information concerning any of the above items and may delay acceptance of the registration application until the information is provided.


FEES

The following fee schedule applies to registrations for the Program:

For Users who certify that they only play Chartbuster Karaoke® tracks from their original media (including playing directly from hard drives purchased from Chartbuster) No charge
For Users who own fewer than 10 original Chartbuster Karaoke® CD+G discs and no other Chartbuster Karaoke® media
Users who own SD cards, Super CDGs, or original hard drives are not eligible for this promotion
No charge
For any Karaoke System with an unexpired Chartbuster Certification document, uploaded at the time of application No charge
For any Karaoke System with an expired Chartbuster Certification document, uploaded at the time of application $25.00
per Karaoke System
For any Karaoke System not meeting the reduced-fee qualifications above $50.00
per Karaoke System

You are required to certify, among other things, that you qualify for free or discounted pricing listed above, if you choose to apply for it. An application that contains any material misrepresentation is subject to rejection and/or termination of registration.

These fees are one-time charges for registration. Phoenix may, from time to time, offer discounts from the above prices. You are responsible for any costs you incur as a result of participation in this process.


DIRECTORY LISTING

Upon completion and approval of your registration application, you may choose to be listed in Phoenix's online directory of licensees and providers. You will be identified as "CHARTBUSTER REGISTERED" or by a similar designation. Phoenix's directory includes the business name, license or registration number, operating location(s), and contact information (name, telephone, email, website, etc.) for each entry. The User may choose to include any, all, or none of this information in the directory. Phoenix reserves the right to modify or withhold directory listings that do not meet its community standards. Continuous availability of the online directory is not guaranteed.


CHANGES TO KARAOKE SYSTEMS

If, after registration, you obtain or dispose of Original Media, or any of the information provided during registration otherwise changes, you will need to adjust your records on the Website by logging in to your Website account and using the registration maintenance tool. There is no fee for changes to the registration; however, a fee may be charged if the change is the addition of a new Karaoke System, or a change that makes you ineligible for a free or reduced-price registration.

If you transfer an entire Karaoke System to a new owner, you must inform us that you no longer own the Karaoke System. We encourage you (but do not require you) to provide us with the new owner's basic contact information, and if the new owner agrees to maintain the registration for that Karaoke System, we will waive the new owner's registration fee.


QUALITY OF TRACKS

We require that any copies of Chartbuster Karaoke® tracks that you use meet minimum quality standards, including:

(1) MP3-encoded music files must be encoded at a bitrate of not less than 128 kbps or the bitrate provided on the original media, whichever is less

(2) All music, video, and audiovisual files, regardless of format, must be as substantially free of voids, dropouts, and graphical errors as the originals from which they are copied.


COVENANT NOT TO SUE

Upon successful completion of the registration application and acceptance of the application by Phoenix, the following Covenant Not to Sue will apply, subject to restrictions provided herein:

(1) Phoenix, for itself and its successors-in-interest of whatever kind or description, covenants and agrees not to initiate any action at law or in equity or sue the User at law or in equity in the future for copyright or trademark infringement or for any similar tort under federal or state law, based upon the User's Commercial Use of Non-Original Media corresponding with Original Media registered as part of the Program.

(2) This Covenant Not to Sue will terminate if (a) the User makes Commercial Use of Non-Original Media for which the User is not in 1:1 correspondence, or (b) the User sells or otherwise disposes of all of the User's Original Media, or (c) the User fails to keep Phoenix up to date with changes to the User's registration information, or (d) the User makes any material alteration to the content of the Original Media during the Media-Shifting process, other than reasonable downsampling or other customary format changes. Specifically, the User may not remove any trademarks, trade dress, copyright notices, or other indicia of rights ownership from the Tracks.


WHAT THIS PROGRAM IS NOT

This Program does not include a license under any intellectual property rights owned by Phoenix or any third party, and it does not constitute permission to copy, duplicate, or otherwise reproduce any content belonging any third party. This program does not expand the scope of the User's rights with respect to the Commercial Use of any intellectual property rights owned by any third party. Rather, this Program is intended to implement an acceptable use policy, which is intended to be strictly construed. No implied rights or permissions are granted in connection with this Program.


NOTICES

Notices to Phoenix should be directed as follows:

Phoenix Entertainment Partners, LLC
12245 Nations Ford Road, Suite 505
Pineville, NC 28134-8444
Fax: 704-588-8893
Email: customercare@phxep.com

Please note that notices sent by email and not acknowledged should be sent via a different method. Notices may be sent by Phoenix to the User by email or postal mail as indicated on the User's account. The failure to keep this information updated may result in the cancellation of the User's registration and termination of the Covenant Not to Sue.