Music Distribution Agreement sample
Music Distribution Agreement A Music Distribution Agreement governs the distribution of music, specifying distribution channels, royalties, distribution terms, and rights of distribution for music content.
This Music Distribution Agreement (hereinafter referred to as the "Agreement") is entered into as of [Effective Date], by and between StreamSound Distribution (hereinafter referred to as the "Distributor") and [Client's Name] (hereinafter referred to as the "Artist"). Both the Distributor and the Artist may also be referred to as a "Party" or collectively the "Parties."
2.1. Music Distribution
The purpose of this Agreement is for the Distributor to distribute the Artist's musical recording titled "Sunset Serenade" (hereinafter referred to as the "Recording") to major online music platforms as specified in section 4.
The Artist hereby grants the Distributor the non-exclusive, worldwide, and royalty-free right and license to reproduce, market, promote, distribute, and sell the Recording in digital format through the Distribution Channels as specified in section 4 of this Agreement.
4.1. Online Music Platforms
The Distributor will distribute the Recording to major online music platforms, including but not limited to, Spotify, Apple Music, Amazon Music, Google Play, and Tidal (collectively, the "Distribution Channels").
5.1. Distribution Royalties
The Artist agrees to pay the Distributor a fixed percentage of ninety (90) percent of the net revenue generated by the Recording through the Distribution Channels, while the Distributor shall retain ten (10) percent as a distribution fee. Net revenue is defined as the gross revenue collected from the Distribution Channels, minus any and all taxes, fees, and deductions required by applicable law, including any fees, charges, or costs levied by the Distribution Channels or payment processors.
5.2. Payment and Reporting
Within fifteen (15) days after the end of each calendar quarter, the Distributor shall provide the Artist with a royalty statement and make a payment of the royalties due to the Artist, as calculated in accordance with this section 5. The royalty statement shall include the revenue generated by the Recording for the said calendar quarter, as well as a detailed accounting of the applicable deductions, taxes, fees, and charges.
5.3. Audit Rights
The Artist has the right to audit the Distributor's records in relation to this Agreement upon reasonable notice and at the Artist's own expense, provided that such audits shall not be conducted more than once per calendar year.
6.1. Artist Representations and Warranties
The Artist represents and warrants to the Distributor that the Artist has full right, power, and authority to enter into this Agreement, that the Artist owns and controls all intellectual property rights in and to the Recording, and that the Artist has not, nor will not, enter into any agreement or arrangement conflicting with the terms of this Agreement.
6.2. Distributor Representations and Warranties
The Distributor represents and warrants to the Artist that it has the necessary resources, skills, and expertise to perform its obligations as set out in this Agreement and that it shall use reasonable endeavors to distribute the Recording according to the terms herein.
Both Parties agree to indemnify, defend, and hold the other Party harmless from and against any and all liabilities, damages, claims, costs, and expenses (including reasonable attorney's fees) arising out of any breach of any of either Party's representations, warranties, or obligations pursuant to this Agreement, so long as the indemnified Party promptly notifies the indemnifying Party of any such claim and reasonably cooperates in the defense or settlement thereof.
8.1. Initial Term
This Agreement shall commence on the Effective Date and shall continue in full force and effect for an initial term of two (2) years, unless terminated earlier in accordance with the provisions of this section 8.
8.2. Termination for Cause
Either Party may terminate this Agreement immediately upon written notice if the other Party is in material breach of any provision herein, which breach has not been cured within thirty (30) days after receipt of written notice specifying the nature of the breach.
8.3. Effect of Termination
Upon termination of this Agreement, the Distributor shall cease all distribution activities concerning the Recording, and all rights granted to the Distributor under this Agreement shall revert to the Artist. Any royalties due to the Artist up to the date of termination shall be paid by the Distributor within thirty (30) days of termination.
This Agreement shall be governed by and construed according to the laws of the United States and the laws of the state of [State]. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in [State, City].
10.1. Entire Agreement
This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and representations relating to the subject matter hereof. This Agreement may only be amended or modified by a written instrument executed by both Parties.
10.2. Binding Effect
This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.
10.3. Severability
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that achieves the intent of the Parties to the greatest extent possible.
No waiver by either Party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of a similar nature.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date mentioned above.
Distributor:
StreamSound Distribution
By: ____________________________
Title: __________________________
Artist:
[Client's Name]
By: ____________________________
Title: __________________________
In this Music Distribution Agreement, you will see the following sections:
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