Music Distribution
Music Distribution Agreement
WHAT IS COVERED IN THIS AGREEMENT
The Artist and representatives shall have available time to access any and all material and resources to educate themselves on the Services, Afrobeats Africa, and this Agreement before accepting this Agreement.
By submitting your musical works or sound recordings (‘Works’) to Afrobeats Africa for distribution, you AGREE TO THE FULL TERMS AND CONDITIONS OF THIS AGREEMENT; without limiting anything in the full Agreement, the following summarizes several items to note and are provided solely for your convenience. The full Agreement Terms and Conditions can be found here.
You warrant are at least 18 years of age and have the legal capacity, right, and authority to enter into this Agreement;
You are able to provide a copy or photographic image, front and back, of a Valid Government, Issued ID or Passport;
The Afrobeats Africa Music Distribution Service enables you to upload to our servers digital files containing audio-only musical sound recordings or audio-visual works and the underlying musical compositions, literary works, dramatic works, or spoken word content embodied therein (“collectively, “Recordings ”) for distribution to digital stores, streaming services, and other digital services within our distribution network ( “Digital Stores”); which shall include User Generated Content (“UGC”) Services [as defined below]), who may make your Recordings available to their customers and end users (“Customers”).
You authorize Afrobeats Africa to exploit the Compositions (including the lyrics of such Compositions), throughout the Territory for all Recordings and other Materials in order to enable Afrobeats Africa and Digital Stores to fully exploit all their rights hereunder free of any claims, liens, encumbrances or other restrictions. Your uploading or surrender of Records to Afrobeats Africa or its representatives and delivery of any other Materials shall be your unqualified warranty and representation to us that you have obtained any and all such rights required and necessary for Afrobeats Africa and your selected Digital Stores to sell, distribute, publicly perform, promote, and otherwise exploit such Recordings and Materials as contemplated under this Agreement, including the waiver of all so-called “moral rights”, under the laws of any jurisdiction, on your behalf as well as on behalf of any and all contributors involved in any manner with the creation and delivery of your Recordings.
Copyright Ownership: You represent and warrant that you are the sole owner of all rights, including copyright, in and to the Works, or that you have obtained all necessary licenses, consents, and permissions to exploit the Works.Grant of Rights and Territory. You grant Afrobeats Africa a non-exclusive, sub-licensable, worldwide right to distribute and monetize the Works through any of our services.
Term and Termination: The term of this agreement is one year. This agreement will automatically renew for successive one year periods unless either party provides written notice to terminate at least 90 days before the next anniversary. We may terminate this agreement immediately for any breach of the terms, including illegal, unethical or other public bad behavior.
Royalty Payments: We will pay you 100% of the revenue generated by the distribution and monetization of the Works through our services, after the collection of our commission of 25% and any additional agreed upon fees as outlined in our fee schedule. Music Distribution is a FREE service, and Afrobeats Africa does offer other fee based services.
Representations and Warranties: You represent and warrant that the Works do not infringe on any third-party rights, and that you have obtained all necessary approvals and licenses to use any third-party content included in the Works.
Indemnification: You agree to indemnify and hold Afrobeats Africa harmless from any claims, damages, liabilities, costs, or expenses arising from the distribution and monetization of the Works.
Governing Law: This agreement will be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any principles of conflicts of law.
Dispute Resolution: Any disputes arising from this agreement will be resolved through mediation then arbitration, and if not resolved, then the jusitiction for court would be the Southern District courts of San Diego, State of California, United States of America.
Beneficiary Designation: You may designate a beneficiary to receive any compensation due to you under this agreement in the event of your death by completing the beneficiary designation form provided by Afrobeats Africa.
Each party to this agreement shall keep confidential all information disclosed to them while in the agreement plus three (3) years,
For the term of this Agreement and for the period of three (3) years thereafter, without the prior written consent of the other party, neither party shall either directly or indirectly solicit or entice away (or seek or attempt to entice away) from the employment of the other party any person employed (or any person who has been so employed in the preceding six (6) months)
TERMINOLOGY
We understand that some of the terms used in this Agreement may not be familiar to everyone. To help you better understand the terms used in this Agreement, we provide the following explanations:
"Works": This refers to any musical works or sound recordings that you submit to us for inclusion in any of our services.
"Services": This refers to the distribution and promotion of your musical works or sound recordings on various platforms, including but not limited to online streaming and download services, radio and television broadcasts, and live performances.
"Territory": This refers to the geographic area where we will provide the Services. In this Agreement, the Territory is worldwide, except where noted with respect to certain territories outside of the United States. Please note that we are unable to offer Services to residents of North Korea, Russia, Myanmar, Cuba, Iran, Lebanon, Syria, Libya, Sudan, or Somalia due to US law.
"Royalties": This refers to the payment you will receive for the use of your Works. The amount of royalties you receive may vary depending on the type of use and the revenue generated.
"Term": This refers to the length of time that this Agreement will be in effect. The initial term of this Agreement will be specified in the online form you use to agree to these terms. The Agreement will automatically renew for successive terms of the same length unless either party provides written notice of termination at least 30 days before the end of the current term.