ELIGIBILITY CRITERIA AND FUNDING RULES

1. Eligibility For Grants
   1. The SAMPRA Development Fund (“the Fund”) will consider applications from professional recording artists and record companies that are members of SAMPRA and who wish to apply for financial assistance in order to perform at live music events staged in South Africa or abroad.
   2. Applicants must have identified opportunities, or have been invited, to perform at national or international live music events.
   3. Applicants must be based in South Africa.
   4. The live show applied for must feature live performances, and not pre-recorded performances.
   5. Projects applied for should demonstrate potential for national, or continental or international appeal.
   6. SAMPRA can utilise its own appointed travel agent(s) to make travel and accommodation arrangements on behalf of travellers mentioned in the application. Where the recipient elects to use their own travel agent, the recipient shall provide the contact details of the travel agent to verify that travel and accommodation reservations have been made in accordance with these rules
   7. Per diems related to the approved travel and touring support will be processed and paid in the week of travel. Kindly note that per diems will be paid in accordance with the SARS rate.
2. Application Deadline Applications can only be lodged during the open window, as determined and announced by the Fund annually.
3. Decision Deadline The Board of the Fund will decide on the granting of the applications within three (3) months following the last day of submission of applications. The decision of the Board of the Fund on an application shall be final and not reviewable or appealable.
4. Budget
   1. The maximum amount an applicant can be awarded per trip by the Fund is Five Hundred Thousand Rand (R500 000.00), exclusive of VAT, where applicable.
   2. The Fund shall not finance more than fifty percent (50%) of the travel and touring total budget.
   3. Applications must relate only to costs that constitute the overall budget presented for the envisaged project.
   4. Travel and touring costs include, but not limited to:
      • road travel costs, including car hire
      • air travel
      • accommodation
      • visa application fees
      • band fees
      • per diems. (as per SARS Subsistence Allowance rate) - https://www.sars.gov.za/tax-rates/employers/subsistence-allowances-and-advances/
5. Other Sources of Funding
   1. The applicant must disclose in the application, other sources of funding secured for the touring project. The Fund will not approve the funding of any touring project if the applicant has not demonstrated that the applicant has secured other sources of funding to allow the touring project to proceed as scheduled.
   2. Once approved by the Fund, the applicant shall not accept any funding for the same project from any South African-based collective management organisation. Acceptance of funding from another South African-based collective management organisation for the same project shall render the award by the Fund null and void, and the funding shall be withdrawn.
   3. Where the applicant receives funding for the project approved by the Fund from another South African-based collective management organisation concurrently with or after the Fund makes payment to the applicant for the project, the Fund shall be entitled to recover all the money paid by the Fund to the applicant for that project.
   4. For avoidance of doubt, South African-based collective management organisations include AIRCO, CAPASSO, IMPRA, RiSA AV (RAV), and SAMRO.
6. Application Procedures
   1. The application form must be completed in full and in English. Incomplete applications will not be considered.
   2. No application fee is payable.
   3. The applicant may be requested to provide supplementary documentation and information from time to time for processing the application. Failure to provide such information within a reasonable time frame may deem the application to be unsuccessful without further notice.
   4. The application form and all information submitted by the applicant will be retained for record and audit purposes and will not be returned to the applicant.
   5. Applications received after the closing date for applications will not be considered.
   6. Applicant will only be funded once in a period of 6 months.
7. Vetting Procedures
   1. Upon receipt of an application, the Fund will conduct a preliminary screening and may seek clarification or supplementary information from the project applicant. Failure to provide such information within a reasonable time frame will deem the application to be unsuccessful without further notice.
   2. The project applicant may be required to attend assessment panel meetings to present their applications and answer questions.
8. Assessment Criteria
   1. The Fund Board shall select grant recipients based on the individual merits of each application.
   2. The Fund reserves the right to reject an application on grounds, including, but not limited to:
      • applications that are incomplete or contain incorrect information or fail to comply with the requirements set out in these Rules; or
      • a petition is presented, or a proceeding is commenced, or an order is made, or a resolution is passed for the winding up, or bankruptcy of the project applicant; or
      • a false, inaccurate or incomplete statement or representation is contained in the application, or a promise of performance is made knowingly or recklessly that it will not be able to fulfil or deliver such promise or performance; or
      • the project applicant is in default of its obligation(s) under other Project Agreements with the Fund.
9. Project Agreement
   1. If an application is approved, a Provisional Offer Letter will be sent to the applicant.
   2. The Provisional Offer Letter will set out the amount of funding support to be offered, as well as the Terms and Conditions applicable to the funding.
   3. The successful applicant will be required to sign and return the acceptance of the Provisional Offer Letter to the Fund within the period specified therein (“Offer Period”). The Fund shall be deemed to have withdrawn the offer to make the proposed funding support to a successful applicant if the Fund does not receive the duly signed acceptance of offer on or before the expiry of the Offer Period, as set out in the Provisional Offer Letter.
10. Disbursement of Approved Funding Support
    1. Travel bookings will be processed after the Project Agreement has been duly signed and the project applicant has submitted all the required documents. In a case where, at the time of receiving the grant, the recipient had paid in part or in full for travel expenses, proof of this must be provided in the Progress Report.
    2. The applicant must provide satisfactory performance of appropriate milestones, and strictly in accordance with the terms and conditions as set out in the Project Agreement.
    3. The Fund reserves the right to withhold/withdraw any further Funding to the travel and touring project if some funding cannot be accounted for, or if there is any delay in submission of the progress report or the Completion Report does not comply with the Fund’s requirements.
11. Finished Product
    1. The beneficiary shall provide progress reports to the Fund and shall complete the traveling and touring project within the timelines stated in the application for funding.
    2. Should the beneficiary not comply with the terms and conditions of the grant, the Fund reserves the right to recover the money disbursed as a grant from the member’s SAMPRA royalty payments. SAMPRA royalties will, therefore, be withheld until the amount granted has been fully repaid.
12. Publicity And Acknowledgment
    1. The project applicant shall acknowledge the funding support from the Fund and SAMPRA in all its publicity/media events as well as in publications (including but not limited to press releases, promotional literature, websites, etc.) issued to promote the project.
    2. Successful applicants shall be required to include the SAMPRA andFund logos in all productions and promotions. The logos are available upon request at info@samprafund.co.za. However, SAMPRA and the Fund reserve the right to require the project applicant to immediately cease and desist from using any promotional materials in which any reference to SAMPRA and the Fund is found. The following disclaimer must also be included in any publications and media events related to the funded project –“SAMPRA and the SAMPRA Development provide funding support to the project only, and do not otherwise take part in the project. Any opinions, findings, conclusions or recommendations expressed in these materials/events (or by members of the project team) are those of the project organisers only and do not reflect the views of SAMPRA and/or the SAMPRA Development Fund.”
    3. The project applicant shall provide the Fund with details of the project achievements, including successful marketing and commercialisation of the project deliverables and awards. The Fund and SAMPRA shall be entitled to provide the name of the applicant(s), a description of the project, and the value of the funding that has been provided in their publicity and reports. Such forms of publicity will include www.samprafund.co.za and www.sampra.org.za as well as any of the SAMPRA Group magazines.
13. Exclusive Mandate Upon the Fund disbursing the grant to a beneficiary, the beneficiary irrevocably accepts to be represented by SAMPRA for Neighbouring Rights administration and collection globally for a period of five (5) years after the funding was provided by the Fund. Effectively, this means that the beneficiary shall remain a member of SAMPRA for the world and without any exclusions from representation in any territory.
14. Prevention of Bribery or Kickbacks
    1. The project applicant shall advise their employees, subcontractors, agents and other personnel who are in any way involved in the project that they are not allowed to offer to or solicit or accept from any person any money, gifts or advantage in the conduct of or in relation to the project.
    2. The offer of an advantage to an employee of the Fund or of SAMPRA or Fund Director or SAMPRA Director with a view to influencing the approval of an application is a criminal offence. Any such offer by any of the project member(s) or agent(s) will render the application null and void, and may result in criminal charges being instituted against such person(s).
15. Personal Data Personal data provided as part of the application process will be used by the Fund to process the application, to conduct research and surveys, to comply with relevant regulations, and to enforce its rights and powers under the Project Agreement.
16. Enquiries Enquiries regarding the application for funding support should be addressed to the SAMPRA Development Fund:
    Physical Address:Sunnyside Office Park
    Sentinel House
    32 Princess of Wales Terrace
    Parktown, Johannesburg.
    
    E-mail:info@samprafund.co.za
    Website:www.samprafund.co.za