Distribution Agreement
Last updated: November 2023
Introduction
In addition to the general terms and conditions (TOS), the following additional terms and conditions ("DTOS") apply to your use of Vibe Distro's digital distribution service ("Distribution Service"). Capitalized terms not defined here shall have the meaning given to them in the TOS. If you do not agree with these DTOS, do not use the Distribution Service.
1. Service Description
The Distribution Service digitally distributes your music through various digital retailers over the Internet. You must be an approved user of the Site to use the Service. More information about the Service is available at www.vibedistro.com.
2. Defined Terms
The following defines the terms used in this agreement:
- "Album Release(s)": digital distribution of multiple recordings as a single album or EP, not exceeding 100 tracks.
- "Digital Distribution" or "Digitally Distribute": digital distribution of recordings for sublicensing, sale, public performance, electronic transmission or other means of access by end users, in any present or future format, including permanent or temporary downloads, ringtones, interactive or non-interactive streaming, and cloud services, with or without charge, and with or without identifiable reproduction.
- "Recording(s)": sound and audiovisual recordings of musical compositions you provide to us, along with metadata, rights management information, artwork, graphics, logos and other related materials.
- "Release(s)": refers to an album or single release.
- "Digital Service Provider" or "DSP(s)": our licenses and agreements with digital stores. DSPs may change at our discretion. Applicable platforms for each release will be in your panel. We may (but are not required to) send content to new DSPs or withdraw from removed DSPs.
- "Single Release(s)": digital distribution of a single recording as a single track.
3. Material Submission and Ownership
All content submitted from your panel will be considered "User Content" and will be subject to the TOS. You must guarantee that you own all usage rights or necessary licenses and that you will directly pay any fees or royalties to third parties (performers, producers, authors, etc.). You must provide confirmation of such authorizations if requested.
5. Distribution Service
Service features and conditions:
Content submission
Vibe Distro will submit your recordings to DSPs according to the type of release purchased. Scope varies by DSP. We may reject or suspend any content at our discretion.
Release types
Your panel will show which release types are available.
ISRC and UPC codes
We assign ISRC and UPC codes if you don't have them. They must not be resold.
DSP agreements
You accept that these DTOS are subject to DSP agreements and their anti-fraud policies. It is your responsibility to know and comply with them.
6. Fees and Payments
You must pay applicable fees for each release, as established in the TOS and visible in your panel. These fees may change without notice. You are responsible for taxes, commissions and charges related to your account.
7. Sales Revenue
Conditions on generated income:
Revenue distribution
We will pay you 100% of net revenue we receive for your releases, minus processing commissions and applicable charges. Revenue will be reflected in your "Vibe Distro balance/account" in US dollars. We may deduct any amount you owe us.
Fraudulent activity
If we suspect fraudulent activity or infringement: (i) we suspend access to your revenue, (ii) you may lose such revenue, (iii) we may deduct a minimum penalty of $1,000 USD for legal costs, (iv) other legal costs may also be deducted.
Sales data
We will share sales data we receive from DSPs in your panel. We are not responsible for errors in such information.
Free promotion
You and DSPs may promote your music without any payment.
Publishing rights
In distribution outside the US, if DSPs do not manage publishing rights, we might do it for you and deduct corresponding costs.
Bot prohibition
You agree not to use automated means to generate plays or fake income (bots, scripts, etc.).
8. Termination
Each party may terminate this agreement with prior notice, subject to closing clauses. After termination, content may be withdrawn, and we will continue to settle revenue generated during its validity.
Contact
For inquiries, support or claims, write to us at [email protected]