TTAB
`
`April 22, 2008
`
`Commissioner for Trademarks
`P.O. Box 1451
`
`Alexandria, Virginia 22313
`THE UNITED STATES PATENT & TRADEMARK
`TRADEMARK Trial & APPEAL BOARD
`
`Interlocutory Attorney: Brian D Brown
`
`Cancellation Petition #9204861?
`
`Registration #1517808
`
`Anthony Ferrari
`
`Petitioner
`
`vs.
`
`The Chaperones
`
`Registrant
`
`Nicholo Salvato & Thomas Ronca
`
`Re: Eight more Disclosure Exhibits
`
`Dear Mr. Brown,
`
`Enclosed are eight
`
`(8) more disclosure exhibits totaling fifty
`
`four (54).
`
`A copy of these discovery exhibits have been sent to
`
`the Petitioners attorney Alexis Mueller.
`
`I|||H|||||||l|||||lll|||||lllllllllllllllllllllll
`
`0424-2008
`
`US. Patent & TM0lclTM Mail Rep! D1. #34
`
`

`
`Respectfully,
`
`
`
`Mr. Nicola Salvavy
`
`
`
`
`
` Mr. T omas ROIICB.
`
`
`
`The Chaperones
`10324 Forum Hills Place
`
`Las Vegas, Nevada 89144
`239 821-1024
`
`Cc: Attorney Alexis Mueller"
`
`

`
`December 2 7, 2006
`
`Ms. Angela Depascale
`400 W. Main Street Ste. #330
`Babylon, New York 11702
`
`Re. Website Guest book acknowledgement
`Tommy Ronca’s Chaperones in 2003
`
`Dear Angela
`
`I have enclosed a copy of you signing my group ”The Chaperones” website
`guest book on March 5"‘ 2003. Here is where you acknowledged the fact that I got
`back with Iohnny Contino, who was also using the name for many years with
`permission from Nick Salvato and Tony Amato. Sonny and you always knew I
`played as an original Chaperone and acknowledged it was my right to do so. You
`both also knew that Tony Ferrari never played with any of the original Chaperones
`up until he sang with me in Westbury Music Fair in 2004 and he was never an
`original singer with the group and he was never on any recordings the original
`Chaperones made.
`
`My letter to Sonny you possess isn't worth the paper it is written on. I never
`sold the name or assigned it
`to Sonny or anyone.
`Tony Ferrari has also
`acknowledged the permission l gave sonny was terminated when Sonny passed
`away and that is why he called me to extend the granted permission. That is when
`I reiterated to Ferrari ”no girl singer on larger venues” stipulation in which he
`agreed.
`
`You have now been impeached with your own signing of this website book in
`2003, acknowledging the existence of my group.
`Iohnny Contino was always
`using the Chaperones name during the years of the trademark and prior.
`I was
`very surprised when you said to me last October 2006, that you would come down
`”like a ton of bricks”
`any of us performed as The Chaperones when you knew we
`were in March of 2003.
`
`Sincerely,
`
`g
`The Chapmmes .
`%3ii3§f:d;i?§tttt$;““W
`Cc:lzglzgllzgéiy71-"errari
`
`W, 9:96 9 X6 /, .7
`
`/46,,p,.;i,¢,; /at /2:"/2%‘/l4%’0n
`0‘rQ apt weer
`fig/,Q‘g/aid/2&9
`
`
`
`

`
`Html Gear — Guest Gear \'ic\\ Gucstbook
`
`Page
`
`fjam
`‘:2 LL}3I.';;LIz1j,' (I3)UJ'./."UU3 ' H151);
`‘\:.1'~. 31:‘, ‘.‘;‘?:.»x".'.i;~ ;
`
`':.1r,'m.'
`
`.23.-'5.
`
`
`
`f'ox::1 ~..;.v.c7;I
`
`'
`
`'.‘« 131: .,:’.'.‘,"|"?‘..
`c
`<
`1‘
`um.-. LU “.‘.‘€.“
`
`-
`
`.
`.0
`
`.
`",’IlU. 1;.
`
` ‘
`
`
`
`'_'r‘.1('»:'_'~.'
`
`l}.7:'1i?»,’"'.(ILi_'.
`
`/1 L
`
`1.; 1,1
`
`.-
`
`a..
`
`.
`
`
`1'.'(:n.'7."
`:.m‘_'A
`
`t':. :. '_v,r:‘ai sen}:
`war? i.?r.1:- '.".1r7. *;v3cc?r*"2:‘
`
`'
`
`Imp://htnllgcar,tripod.com/guest/contrnl.gucst?u’ ()rigfn1z1l_phapcrones ti
`
`$!/
`
`((7
`1/ c.
`
`j.--
`)
`/ /7113 1/
`
`'1 ,'
`V.
`r
`/1,: 4.//»(;f//(NZ/0//,(
`
`D
`
`a r fi%g,¢é /5/2 805/
`
`.
`
`C//5 C /0.5 4/63
`é,1(,é'//a/7’-
`/»:% /#7
`€67/7 71/44/6
`
`

`
`Aud/Vid
`
`Mailing List
`
`Our Hisrory
`
`TONY FERRARI & FRANK ALFINO have kept THE CHAPERONES entertaining all these years,
`because of the love for their music. The 50's and 60's were a big part of their lives growing up and
`the love of music has been with them all of these years. THE CHAPERONES recordings are still
`played today on all of the major radio stations throughout the United States,
`‘MAN FROM THE
`MOON‘, ‘SHADOW AND ME‘, ‘DANCE WITH ME‘. In the early 1960's their songs ‘CRUISE TO THE
`MOON‘ and 'SHINING STAR‘ hit the charts with a bullet.
`
`‘
`
`‘
`
`I
`
`/
`
`.
`
`5,
`
`;i
`’
`
`aw“ '
`
`Today TONY and FRANK have added to the group two new members CATHERINE SANTANIELLO ‘
`and VITO BALSAMO. No stranger to the entertainment business CATHERINE has been performing T
`professionally since her high school days. Entertaining audiences with her vocal versatility in great
`top 40, disco and rock and roll styles.
`1/
`.
`§ aclditi
`to THE CHAPERONES family is an entertainer that is known thought out the
`Rock and Roll world. His hit songs are imitated by many vocal and dance bands of yesterday and
`today. In February 1962 VITO BALSAMO released his first hit ‘Gloria’ and in ti
`.~
`an upbeat version of ‘Unchained Melody‘ hit the airwaves.
`D715?’
`1/
`V
`‘ "
`'
`”
`in their care
` 5 and VITO have crossed paths many times,
`’
`merican Band Stand) to the Murray the K and Clay Cole show. Have perl
`‘
`Gaye, Jay and the Americans and The Tokens, Have been interviewed on th
`/’ 16%] 7/70 M
`Mickey B's Doo Wop radio show, performed live at Madison Square Garden, Ra
`~//
`Atlantic City and Las Vegas, as well as performing for corporate and private aft.
`Special Thanks to our great friend and manager the late SONNY £761: /4 5 5/‘Ag’
`and his wonderful wife ANGELA -
`Thank you for all the help and inspiration that you have given us though«
`Sonny will be in our hearts forever.
`
`~.
`
`~
`
`-..'-,2‘
`}/ ‘ii/\
`
`-7‘
`
`flag #
`
`\ ,/ *' ’
`T
`.
`
`.
`
`\ ‘
`
`‘
`
`V _
`
`..,, ,_
`
`..--
`,
`.
`.52‘ J v 7
`‘
`’
`I
`]/’& /‘r
`.
`
`7
`
`0 IQ
`
`Goback
`
`‘
`
`lofl
`
`em‘ /15 4/5’
`
`
`
`4/ l6/2008 6:30 PM
`
`
`
`

`
`'
`
`L?err.u-3’\.~3
`
`Tony Ferrari's Clhaperones Guestbook
`
`ac!
`
`to Tony’. e;c.ri's Ciiapggnas | Vieu[gy_rstba_o_lg | ggg gues’~:i3_o_ok
`We have '54 entries displayed on 6 pages.
`<<__l-'irst
`| <Prev I 1_23Q_5§ | Next> | Las’: >3
`Comments:
`
`Submitted by
`Name: Carlie
`From: LI
`
`Wed, Night was another great Show You guys are something else. I
`thought Joann would show to. Wanted to talk about what she wrote on
`mis guest bool<.Or maybe she is to busy with the an other
`site ............... ..
`ANYHOW see you again on Wed, same time same placesame
`station................. ..
`
`Added: January 11, 2008
`Comments:
`
`Good to see The Chaperones are still putting out the sounds. Keep up
`the great work. Havent seen frank and Claire since I wrote articles for
`the L1 Spotlight. Glad your all still around. Sony I be on L1 to see you
`guys.
`Rich K
`
`Added: January 8, 2008
`comments:
`
`‘U
`
`'0
`
`l-lappy,Happy New Year To THE CHAPERONES.
`I Can't wait until Feb. when THE CHAPERONES & PARTY MARTY are doing
`This Gala Event. This will Be one of the highlights of my Life. I can really
`say I have followed you my whole life. Being From Farmingdale. My
`parenls and there Friends were at the clubs ( Like The Music Lounge &
`others) and the kids went to all the Summer concerts with the town Of
`Oyster Bay. Under the Stars named by Tony Ferrari and Frank Alfino,
`and Sonny Dee.
`All our friends from Fanningdale, Bellmore, Commack,and of course the
`Hamptons are READY TO PARTY!!!!!!!!!! See you before at The other
`shows.
`I will thank you ahead because I know how great this will be........ ..
`
`©€9©©@9©©@9©©39©©€3©
`
`.13
`
`Added: January 5, 2008
`
`Wishing everyone a HAPPY NE‘
`Hope 2008 will be Good To all.
`Thanks for all your support dun
`our shows.
`
`again HAPPY NEW YEAR!!!! ®
`Added: January 1, 2008
`Comments:
`
`/L7:»~€
`/78/‘K171/OTM
`£427/7e,([&7£/0’? 0'2
`/«fig. :4 /5/'7 5475*
`
`I found your wonderful, excitin
`heading somewhere else. I fiar
`things they said. so to pick anc
`have all the right stufi‘. I did se
`Your web site sounds great. I ll M/,15C /osczfio
`azfiizgif 4% ‘V7
`
`AM
`
`Submitted by
`Name: Rich Kaye
`v
`From: Florida by way of Long island
`E-mail: rir':*.
`::v_:_’-v‘.;g!_.: czn
`
`Submitted by
`Name: Jackie
`From: Farrningdale 50 Years
`
`Submitted by
`Name: The Chaperones
`From: LI
`E-mail: f.'opyi~'rin6I‘. Uaolmom
`
`\..
`
`.< -
`
`'— '
`
`\
`
`\
`
`,
`/
`
`Submitted by
`Name: GUEST BOOK JUNKIE
`From: AZ,Vegas, NY
`
`Iof3
`
`

`
`Submitted by
`Name: Linda
`From: All of L.I.
`E-mail: tony/lynn6DTQ'::nl._con1
`
`Submitted by
`Name: Bruce G
`From: NY & FLa
`E-mail: r£uvelmu:;ic' -mo:_rna1l,cur_n,
`
`Submitted by
`Name: JOANN
`From: LONG ISLAND
`'
`I *\
`
`/
`I
`\
`
`//'
`
`Submitted by
`Name: TONY FERRARTS
`CHAPERONES
`From: Good ol USA
`\ E-mail: toggliirnnsfi -'nal.r.3ni
`\‘ 7‘ ~ .— - _ -.,”-'//
`
`\
`
`,
`
`Submitted lbv
`Name: Chapemnes........'ll'ony 8:
`Linda
`From: Wonderful World
`E-mail: tor_wlyr~.n58.-I aoI.cum_
`
`I “‘*‘"""//A
`
`/
`
`I
`\.
`
`.
`
`\
`
`2 of3
`
`Comments:
`TELL ME ITS TRUE? the chaperone's and Sountrac
`are one group, it will be great..This will be a Great group!
`Added: December 27, 2007
`Comments:
`HAPPY NEW YEAR EVERYONE.......... ..TO ALL OUR FANS AND FRIENDS.
`AND TO THOSE WHO ARE JUST CHECKING US OUT FOR A FRIEND?
`WE HAVE HAD AT LEAST 36 FANTASTIC YEARS OF PERFORMING FOR
`AIL OF OUR FANS, AND ENJOYING EVERY MINUTE. THANKS TO SONNY
`DEE, GARY, MICKEY B AND STEVIE. WF HAVF MANY THINGS Pl ANNFD
`FOR 2008. S0 KEEP YOUR E-MAILS CO
`.
`.
`_~
`wrm DATES, TIME AND PLACE.
`# 796», ’}/ff / 7
`/
`_
`
`AGAIN HAPPY HEALTHY NEW YEAR
`
`/
`
`r
`
`.,
`
`._,
`
`.
`
`'
`
`Your Fan the guest book Junkie
`
`Added: December 30, 2007
`
`U
`. / I.
`
`2
`
`Comments:
`Joann please E mail us. Yes The Chaperones have a Great 2008 Planned
`many SURPRISES are to came.TONY,FRANKIE,KATHY and others Have
`been working overtime to keep Chaperones busy,busy busy. We have
`the line up. Send us an e-mail or call us.
`Hope to hear from you shortly.
`HAVE A HAPPY NEW YEAR,2008 Will shine @ © © ©
`SE33"?
`
`Added: December 29, 2007
`
`2
`
`:7
`
`Comments:
`This stuff just never goes away, 25 years ago when i played bass with
`The Chaperones, I remember this nonsense going on back then. I can't
`believe it is still going on now. Having played with you for several years I
`recall once seeing another band called the Chaperones w/ T Amato and
`Nicky S— they were embarassing to watch and did one job in NY and
`never were heard from again. I know there is someone down here in Fla
`who claims he is an original Chaperone and uses the name today- yes he
`is the same person you and I remember being a backup singer with the
`Charades. I remember how he was always kissing your b*’°‘* to let him
`join your band. 1 also worked for several years with Vito Balsamo and I
`know that people are always trying to steal or prevent the real artists
`from keeping their names. Good Luck in this ridiculous, never ending
`battle and I am certain the truth will come out and you will retain rights
`to the name The Chaperones.
`
`\/
`
`Added: December 29, 2007
`
`7
`
`22
`
`.,
`
`i?
`
`/7‘/5 7:
`am23239.5@;§.5§.52.5 //5 *’ ’‘’‘‘”
`@,;£/75g/<Xce>l/aW 0
`
`v, w >4/'
`
`~.-'/ 3
`
`>4
`
`:4
`
`>4
`
`\ Added: December 26, 2007
`Comments:
`THANK YOU ALL!!!!!!!!!!!!!!l!!!!!!!
`The count down is near, The end of a v
`But with all my friends and Family we l
`We have many things coming up for all
`,
`_
`A very Merry Christmas, & Happy New /5 6
`Cf/{E}
`Thanks for all your personal emails of
`"
`Than=<s.T&ME§S§®
`2Q,¢é,4§,7/' -3174 50
`
`W667 I #
`d7
`
`,
`
`Added: December 23, 2007
`
`4/10/2008 7:31 AM
`
`

`
`W/507405‘
`0 ‘Q
`/7 6 40
`/=ao/no/’
`7%/«Ls
`/(5
`/I a ;/-
`,0gAr//ca 4. V/f76/7/56$/~,"
`77%.:
`My», C/25% arc/7&5.
`/5
`/<26?"
`0% 8
`/&~{&V“x50/‘P
`/’/J} %fl/)¢)f¢7
`0'!/Q5 L503/'.
`/4’/3’°f
`0'/2
`75/25
`flégflemmqy
`
`gc
`
`‘{h_:,,~,.
`
`‘.
`
`.'"v4;a*.~=-~r‘s«r¥:*37*i='fi~?*3
`
`V
`
`"
`
`Pémtos sf‘ The eiraup
`
`map://www.thecrnaper0nes.com/n’hotos_9’ag
`
`.w.
`
`I 3 =1
`
`5*: ,«.-1~*:'_'.r*r:2-1295;
`
`I
`
`j,::.-_
`
`
`
`.s~..,.-
`
`
`
`
`
`
` V
`
`‘
`
`%
`‘
`
`v—#:s;75i2z3” #5 my A
`
`F0/<
`fl.»/vtnl,0‘ n
`ace/L/Lfi/7L/C5/4 49
`,4%g._ 4?’ /J/75/4%
`a//J (:/a Safe
`;;¢A‘,é;7¢ $.57
`
`

`
`3 ;.
`
`,5’
`‘_
`.
`4 A
`’-
`
`
`-H ‘
`
`9
`
`9»
`
`.
`
`\W"»'!‘3C€i»
`'
`
`"~
`
`"
`
`M
`
`‘T?
`
`_
`
`a...
`
`*""*
`.
`
`«E1
`“-5’
`“V
`
`,
`II
`
`
`
` 3NOH‘3dVH33}-LL
`
`/’.
`‘ @/%r“%
`I‘
`
`
`
`.
`
`P%Wmp/
`
`V15
`
`-1.‘o
`
`
`
`

`
`aperoncs 1,?) «V
`
`Ii;‘.jJZII \/‘JV/‘JW.0.lHl:lJIE'¢‘1.[.)ClU£lC5.\JUl|1llI‘\ulMU_ ‘I nuutxa/Lnnapcluarca 3,
`
`—«
`
`.»:'s;::1~.;::§-:::_~..r¢,-'» 2:
`
`v
`
`-
`
`
`
`’
`
`The Chapemnes CD
`
`‘
`
`#"T:‘1r;A'.1s-vr‘wr~
`
`
`
`(Z.1::~'.o'uYn”..‘:‘
`1:
`‘
`f
`: ’
`~;§~“': fin
`
`“Li
`§
`‘
`
`‘>
`/2
`
`P.
`
`/
`
`Go back
`
`Z.
`
`flif
`
`xifi %?g»”>’5/ é/7
`<
`3
`
`__’_
`
`_
`
`/452%,’ “H C7 ‘"3 W '/1'
`
`Cc;//Ce/./cz;//ch O79
`N&i5# /5/‘ 7 800°’
`;//..5 /05 MN 4::
`
`

`
`
`
`PMB 347 7652 Sawmill Road
`Dublin, Ohio 43016-9292
`614-787-5397
`
`atozreoairhelp.mac(cDmac.com
`www.at0zre}gair‘nelD.com
`
`March 2, 2008
`
`The Chaperones
`10324 Forum Hills Rd
`
`Las Vegas, Nevada 89144
`Attn. Nick Salvato
`
`Re: Booking
`
`A to Z is planning an event on August 23, 2008, and l want to make sure that this date is
`still good for you folks? I would like the band to play/perform from 7:00 PM until 11:00
`PM
`
`I understand the rate is still $3000.00 for the band, plus an additional $1000.00 for
`traveling expenses.
`
`Please confirm the date & time requested, and the rate.
`
`I will let you know the address of the gathering place once I’ve firmed up our
`arrangements.
`
`Respectfully,
`3:75 WWDQ
`
`C;
`
`C 4/f(:/ 7
`.=
`/‘
`_
`,
`2-
`‘*/W
`./3=¥/%«r// M»
` me
`.e%.# /mo‘/0o°—
`p;/2.5C /55‘/Hf‘?
`
`@m,’é.7z"~/i ~53
`
`

`
`l—r ~ "77:
`_ _
`
`W57
`[, ’j\‘
`Ex’
`
`.
`.
`l\/lt.lSlC & Recording
`
`[
`
`A
`
`g-$3
`
`Chris Rowles
`9288 Grassi Way
`Suite 103
`Naples, FL 34114
`
`239. 777. 6050
`
`MUSIIC DEVELOPMENT CONTRACT
`
`This agreement is entered into by and between Nicholas Salvato § 1 he Chaperones) (Client”)
`and Chris Rowles (“Developer”) (together, the “Parties”).
`
`The effective date of this agreement is Januam 114"’ 2006 (“Effective Date”).
`RECWALS
`
`WHEREAS, Developer offers the following services and related services: digital music
`recording, corporate identity design and development, print design, CD—ROM design and
`development, logo design and development, computer graphics design and development.
`
`WHEREAS, Client wishes to have Developer provide services for compensation.
`
`NOW, THEREFORE, in consideration of the promises and mutual covenants and agreements set
`forth herein, Client and Developer agree as follows:
`
`DEFINHTIONS
`
`“Existing Client Content” means the material provided by Client to be incorporated into the
`Product.
`
`“Developer Tools” means the sofitware tools of general application, whether owned or licensed to
`Developer, which are used to develop the Product.
`
`“Development Schedule” shall he, only when applicable, as set forth in Schedule B to this
`Agreement, which lists the deliverable items contracted for (“Deliverables”) and the deadlines
`for their delivery.
`“Error” means, only when applicable,‘a.ny failure of a Deliverable or Product to (i) meet the
`Specifications, if any, or (ii) to properly operate.
`
`“Payment Schedule” shall he set forth in Schedule C to this Agreement and is the schedule by
`which payments under this agreement shall be made.
`
`“Product” means the material that is the subject of this agreement as ti-"her """~“""“ ’
`paragraph 1.1, below.
`K;
`‘§{J0?/7*—/
`“Specifications” for the product, only when applicable, shall be 2
`.'T\
`i
`'~
`/
`a
`/04
`DEVELOPMENT AND DElL1l‘\/ERY or lDElLlVElR. /{Q4/£0 7/
`Ia'” C7 IQ
`_,
`1.1. Developer agrees to develop, on lbehalfofClient, the followi
`_
`_l
`'
`production demo.
`'4‘ /7&5//Q 7L
`1.2. Developer shall use his best efforts to develop each Delivemlflg ,/ # /57 7 6/0 5‘
`accordance with the Specifications, if any.
`%
`(/15 [C /Elia‘,//fclifi
`gm 7’//I/‘7LlE¢’
`ac-A75 /74$‘
`
`

`
`1.3. All development work will be performed by Developer or his employees or by approved
`independent contractors who have executed confidentiality agreements, where appropriate.
`1.4. Developer shall deliver all Deliverables and/or Product within the times specified in the
`Development Schedule and in accordance with the Specifications, if any.
`1.5. Developer agrees to comply with all reasonable requests of Client as to the manner of
`delivery of all Deliverables, which may include delivery by electronic means.
`1.6. Client agrees to pay according to the Payment Schedule.
`1.7. If the Client, following the execution ofthis Agreement, alters the Specifications, or alters
`the nature and/or scope of the project as described in paragraph 1.1, or requests additional work,
`Developer reserves the right, upon notification to the Client, to (i) modify the Payment Schedule
`or (ii) charge Client on an hourly basis for the additional time at the rate of $100 per hour.
`1.8. Except as expressly provided in this Agreement or in a later writing signed by the Client,
`Developer shall bear all expenses arising from the performance of its obligations under this
`Agreement.
`1.9. Except as expressly provided in this Agreement, this Agreement does not include any
`maintenance work on the Product or later enhancements to the product.
`
`TESTING AND ACCEPTANCE
`
`2.1. All Deliverables shall be thoroughly tested by Developer (if applicable) and all necessary
`corrections as a result of such testing shall he made, prior to delivery to Client.
`2.2. When applicable, in the event that a Deliverable or Product delivered to Client has an Error,
`Client shall notify Developer within 7 days of delivery or shall waive its objections. Upon
`notification to Developer, Developer shall have 7 days to make a correction to the Deliverable or
`Product and present the repaired Deliverable or Product to Client. if the Payment Schedule calls
`for work under this Agreement to be paid by piece rate, time spent correcting Errors is to be
`included in the amounts in the Payment Schedule. lf the Payment Schedule calls for work under
`this Agreement to be paid by hourly rate, time spent correcting Errors shall be billed to Client
`according to the hourly rate in the Payment Schedule.
`COPYRIGHTS
`
`3.1. Client will retain copyright ownership of Existing Client Content.
`3.2. Developer will retain copyright ownership of the following material (“Developer’s
`Components”) to be created in the development of the Product and to include any and all of the
`following:
`7 6/_./.
`a. Developer’s existing tools, such as (original music, stock
`b. Content created in connection with development ofthe P1 /76 7;/7/*/()1/J
`artw k,
`'
`' al
`' ).
`or origin music
`0 }fl
`3.3. Client will retain copyright ownership of, and Developer agrt
`convey to Client all rights, title, and interest in the same, the folio
`Components”) to be created in the development of the Product an
`following: (artwork, photos, original music).
`
`_
`Q//5 6/05 (“Mfg
`
`JCc'7{ ff;//ft //af/2?//’
`Z1 /57 73009
`
`64¢/i/£1/l 7‘
`
`JV
`
`cM%//M24’
`
`

`
`3.4. Developer will retain copyright ownership of any copyrights not specifically granted to
`either party by this Agreement (“Non—specified Components”).
`3.5. Developer, however, grants to Client a royalty—free, worldwide, perpetual, irrevocable, non-
`exclusive license, with the right to sublicense through multiple tiers of sub-licensees, to use,
`reproduce, distribute, modify, publicly perform, and publicly display the Developer’s
`Components and Non-specified Components in any medium and in any manner, unless such
`rights are specifically limited by this Agreement. This license includes the right to modify such
`copyrighted material.
`3.6. Client, however, grants to Developer a royalty-free, worldwide, perpetual, irrevocable, non-
`exclusive license, to use, reproduce, distribute, modify, publicly perform, and publicly display its
`Existing Client Content and Client’s Components (if any) for the sole and limited purpose of use
`in l)eveloper’s portfolio as self-promotion and not for direct commercial sale.
`3.7. For the purposes ofthis agreement, “copyright” shall be deemed to include copyrights, trade
`secrets, patents, trademarks, and other intellectual property rights.
`3.8. Ifany third party content or Developer "fools are used in the development ofthe Product,
`Developer shall be responsible for obtaining and/or paying for any necessary licenses to use third
`
`party content.
`
`CONlFllDENTlAl_.llTY
`4.1. The terms ofthis Agreement, Existing Client Content, and other sensitive business
`information are confidential (“Confidential lnformation”). Developer and Client agree, except as
`authorized in writing, not to disclose to any third party Confidential lnformation. Developer
`agrees to return to Client promptly, upon completion ofthe Product, all Existing Client Content.
`WARRANTIES, COVENANTS, AND lNDEMNIFlCA'lION
`5.1. Developer represents and warrants to Client the following: (i) Developer has the full power
`to enter into this agreement without restriction, (ii) except with respect to Existing Client
`Content, and properly licensed materials, the performance, distribution, or use ofthe Product will
`not violate the rights of any third parties, and (iii) Developer agrees to defend, hold harmless,
`and indemnify Client and its representatives from and against all claims, defense costs,
`judgments, and other expenses arising out ofthe breach ofthe foregoing warranties.
`5.2. Client represents and warrants to Developer the following: (i) Client has the full power to
`enter into this agreement without restriction, (ii) the performance of this Agreement will not
`violate the rights of any third parties, and (iii) Client agrees to defend hold harmless. and
`indemnify Developer and its representatives from and against all
`.%~_ 0 '-
`< ,0,/7 / -w
`judgments, and other expenses arising out ofthe breach ofthe fo
`/"26 /U '
`/
`.
`1
`_
`TERMlNATlON
`/%= A Ac /) f /c {(21%} //4:4/G‘.
`6.1. lf Developer fails to correct an Error according to paragrapl
`.
`terminate this agreement without making any further payments 2
`5‘? ?Q /lfléfi ‘ f “L577 308
`
`-
`
`:
`
`_
`
`;
`
`Schedule.
`6.2. No termination of this Agreement by any party shall affect l
`I
`hourly rate for all time spent producing Deliverables and/or Pro: /.5‘0’/03 U?/‘QC?’
`.
`,
`,
`35/if, /5/I/fl /71 ‘fié J I7]
`
`MUISCELLANEOUS lPROVlSlOl
`
`623/; ~////‘c/ez/'
`
`

`
`7.l.1hbAgtunmtwnuimfi¢enfimunchmmdhgIMqzarnm1ofmepnrfi=anqn:udu
`aHpfimwfitunmonl\mdummiingsoraznunum.mdmuynmhadmed,modified, or
`wlivedexccpt inamignedwriting.
`7.2. EXCEPT AS PROVID ABOVE WITH R1’-JSPEC'l"I'O'I'I-IIRD PARTY
`INDEMNIFICATION. NEIHIERPARTYSI-lAI.L BE LIABLE TOT!-IE OTHER PARTY
`FOR ANY INCIDENTAL, CONSEQUENTIAL SPECIAL, OR PUNITIVE DAMAGES OF
`ANY KIND OR NATURE. INCLUDING. WIT!-IOUT IJMITATION. THE BREACH OF THIS
`
`
`
`' Specifications
`Rncurd vocalsfct 12 aon¢s.uchosa1byC|ient.-mixwithudsdnganewlyrecorded
`backgxounduaoompanisnent aspucliatnmnsfiurrosulflnauuaksattdpneuzxattoauaudupon
`pmdnctionanddisuibutionentity.
`Schodulls
`
`Developmamschedule
`0naumdinamd(withCumtmd2flsgroupmunbm)buubumencmua«dmandJmmry
`31.2009
`
`Schedulu C
`
`Payment Schedule
`$400 deposit, hnlfdue on completion of recording, and the Iamaindet due upon deliver of pro-
`psoduction master.
`Developetslullhepuid unan hourly basis. andhisratenndbiningprooedumsareaafollowsz
`chm-gesueS100perhosn.Thcmininnnnhilliminc:etumissixminmnsow1/toofmhmn.
`Timcspuutonindividu|tahis_mun3eduptnthaneanl0thofmhour.'
`
`(For piece tam)
`Delivcxables
`Downpuymentufl)
`Milestonol
`Mileaone2
`Total Payment
`
`R:euIflingComplete
`Masteling Complene
`
`V
`
`Payment Duo
`~-~-C-~—* » '
`$400
`34200 #726 S/J’é/7
`34200
`> 9
`.
`_
`$8800 /ofi 74 (3/7
`£4 06 El
`
`/‘Z9/Z
`
`0
`
`4% ‘ —#f/J/76/ado
`
`cflsc /0566/“£5
`5c‘A;A.:;£ ¢\>‘$4
`C007‘,//21250’