DIGITAL DISTRIBUTION AGREEMENT
Take advantage of distribution to multiple digital outlets.
Distribution to all of the major digital outlets.
PLEASE READ THE FOLLOWING DIGITAL DISTRIBUTION AGREEMENT (“Agreement”) CAREFULLY BEFORE USING THIS WEBSITE. All users of this site who are contemplating the sale and distribution of digital audio recordings through this website or via third party retailers agree that access to and use of this site are subject to the following legally binding terms and conditions and other applicable law.
Welcome to Dubb Spot Records
Dubb Spot Records provides the http://www.dubbspotrecords.com website for its artists, labels, members, friends and other permitted users. Dubb Spot Records is, to name a few, a music distribution site built on supporting and sharing global urban content – bringing together artists and fans.
These are the basic deal points if you, the Artist or Label, decide to distribute your music with Dubb Spot Records:
- Term: 36 month period with an automatic renewal for additional one (1) year period, which you can get out of at any time with ninety (90) day written notice.
- Exclusive meaning present and future releases that have not already been released by another label, distribution company or agency before the term of this agreement.
- Type of Service: Digital Distribution on other Retailers sites (e.g. iTunes, eMusic) including sound recordings and music videos, compilations and the use of sound recordings in films, television programs and advertisements (sync licensing).
- Ownership: You own all your recordings and publishing.
- Revenue Share: Digital Distribution on all other Retailers – 70% for sound recordings and videos; 60% for compilations and 50% for sync licensing of the income received by Dubb Spot Records goes to you.
- Accounting: Semi-annually
- A one-time $50 set-up fee is required before distribution of your first release. There are no other fees to release singles and albums for the duration of this distribution agreement.
** Pay Distribution Set Up Fee Now **
(before paying, read all information below in full)
These are the terms and conditions of which you have to agree to in order to submit to Dubb Spot Records.
The Detailed Agreement:
- Services – Dubb Spot Records seeks to exclusively distribute and sell certain master recordings, videos and sync licenses submitted by you during the Term (collectively referred to as “Masters”) via the Internet (“Services”) in a variety of formats via other authorized and pre-approved third party Internet retailers (“Third Party Retailers”).
- Term – The term of this distribution Agreement shall be thirty-six (36) months from the date of the specified above and it will automatically renew for additional one (1) year periods unless terminated in writing by either party ninety (90) days prior to the end of the then current period. For purposes of this distribution Agreement, the term (“Term”) is defined as the initial thirty (36) month period plus any automatic renewal periods.
- Owner’s Grant of Rights – During the Term, Owner grants Dubb Spot Records the exclusive right:
- To digitally distribute, sell, advertise, publicly perform and broadcast throughout the Territory, the Masters, in all forms of digital or electronically transmitted media now known or hereafter devised.
- To transmit, distribute, license and exploit the Masters via digital downloads, Internet transmission to consumers for the Term.
- The right to stream or broadcast each Master in any duration (“Preview Clips”) on a gratis basis for purposes of inducing users to download the Masters. Owner agrees that to the extent that the Owner controls or administers rights in any underlying musical composition embodied in the Masters, no royalties or payments with respect thereof shall accrue or be payable with respect to any such gratis Preview Clip stream. For the avoidance of any doubt, the Preview Clip shall be available on the Website or any Third Party Website in such a manner so as to allow consumers to listen to the Preview Clip but not download the Preview Clip.
- The exclusive right to use in the Territory the approved name, likeness and biography, approved album artwork, lyrics and liner notes of each artist whose performance is embodied in said Master in connection with the advertising, publicizing or sale of Masters in all configurations
- Dubb Spot Records shall not: edit, remix, re-sequence or otherwise alter any Master delivered by Owner to Dubb Spot Records in any manner.
- All rights not specifically granted to Dubb Spot Records herein are expressly and irrevocably reserved for the Owner.
- For the avoidance of any doubt and without limiting the rights granted by Owner to Dubb Spot Records herein, it is understood and agreed that Dubb Spot Records shall be authorized to i. Directly engage in the digital distribution of the Masters including but not limited to the Website (“Direct Distribution”); and ii. Make the Masters available for digital distribution through third parties including, by way of example only, “iTunes” and other Third Party Retailers approved by Owner.
- Owner shall not grant and has not granted to any third party in the Territory any rights that are inconsistent with the rights granted to Dubb Spot Records hereunder.
- Income – In consideration of the rights granted to Dubb Spot Records hereunder, and conditioned upon Owner’s full and faithful performance of all the terms and conditions hereof, Owners shall be paid:
- An amount equal to seventy (70%) percent of Dubb Spot Records’ Share Net Receipts (as defined herein) actually received by Dubb Spot Records on account of any sale, of the Masters via Third Party Retailer (Owner’s Share of Third Party Income”). Includes 70% sound recordings and video, 60% compilations and 50% sync licenses.
- “Gross receipts” shall be understood to all monies actually received by Dubb Spot Records in relation to the sale, license or exploitation of the Masters hereunder
- Net Receipts shall be understood to all monies actually received by Dubb Spot Records in relation to the sale, license or exploitation of the Masters hereunder (“Gross Receipts”), less any and all bona-fide costs and fees incurred in connection with Dubb Spot Records’ Third Party Distributions, including but not limited to encoding fees, transaction processing fees, applicable sales taxes, public performance and or union scale fees (where applicable).
- Owner’s Share of Net Receipts shall be inclusive and Owner shall be solely responsible for the payment of any publishing, mechanical royalties and any third party payments due to any other royalty participants associated with the Masters.
- Owner’s Share of Gross Receipts shall be inclusive and Owner shall be solely responsible for the payment of any publishing, mechanical royalties and any third party payments due to any other royalty participants associated with the Masters.
- Payments, Accounting and Auditing Rights – Dubb Spot Records shall account to and pay Owner’s Share of Net and/or Gross Receipts as follows:
- On a semi-annually basis, beginning of second quarter and fourth quarter, five (5) days after the beginning of April and October calendar months. Such accounting shall include the gross and net receipts received by Dubb Spot Records from all sources (including Direct and Third Party Distribution) specified herein and the amount due to the Owner.
- Payments will be made to Owner via check or paypal.com. Owner may withdraw royalty payments anytime using their paypal.com account or receive a check once their account has reached the minimum amount of Two hundred fifty dollars ($250). If paypal option is selected, Owner must have a paypal account in order to withdraw royalty payments. Once Owner has initiated a withdrawal, it may take up to 5 business days for funds to appear in Owners paypal account.
- Owner will be required to submit a valid W-9 form to Dubb Spot Records before any payments are to be made to Owner.
- All payments are made in original currencies where the sale occured. Supported currencies include USD, CAD, Euro, Yen, Brazilian Real, Pound, Mexican Peso.
- Owner shall have the right to audit Dubb Spot Records’ books and records to verify the accuracy of such statements, once with respect to any statement, once in each year, at Owner’s expense, at the place where Dubb Spot Records maintains such records, during Dubb Spot Records’ normal business hours and on at least thirty (30) days’ prior notice. Any objection relating to any accounting statement, or any lawsuit arising therefrom, must be made (and any lawsuit commenced), no later than one (1) year after the date the statement is rendered and Owner hereby waives any longer statute of limitations that may be permitted by law.
- Representations and Warranties
- Owner represents and warrants that: (i) it is the owner of the Masters; that (ii) it has the right to enter into this distribution Agreement and to perform all of its obligations hereunder; and that (iii) no Masters, artwork, metadata, or any other materials furnished by Owner to Dubb Spot Records shall, in whole or in part, infringe upon any other material, or violate or infringe upon any common law or statutory rights of any person, firm or corporation, including, without limitation, contractual rights, copyrights and rights of privacy.
- Owner agrees to indemnify, defend and hold Dubb Spot Records harmless from and against any and all losses, costs and expenses arising out of any breach or alleged breach by Owner of its representations, warranties, covenants, agreements or undertakings pursuant to this Agreement.
- Dubb Spot Records represents and warrants that it has the right to enter into this Agreement and to perform all of its obligations hereunder.
- Dubb Spot Records shall indemnify, defend, and hold Owner harmless from and against any and all losses, costs and expenses arising out of any breach of any representations, warranties, covenants, agreements or undertakings by Dubb Spot Records pursuant to this Agreement, provided, however, that Dubb Spot Records’ aggregate liability hereunder shall not exceed the sums received by Dubb Spot Records with respect to the underlying transaction that gave rise to the breach.
- The parties agree and acknowledge that the relationship between the parties is that of independent contractors. This distribution Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other’s agent, partner, employee, or representative.
- The Owner must advertise that their music, videos and compilations are available for stream, purchase or download on distribution services such as iTunes, Napster, Amazon, Zune, etc. They must advertise this verbally at any public performance that the Owner performs at. Additionally they must advertise this fact on the Owners website as well as any sites where it leases space such as Purevolume or Myspace.
- If the Owner has digital masters available for purchase on iTunes, they must provide a link to their storefront through the Owner website so that their fans may be able to easily purchase their material.
- The Owner is responsible for providing any parental advisory information in regards to a digital distribution master to Dubb Spot Records. Dubb Spot Records will then forward this information to any of its distributors. Failure to do so resulting in a removal of title from retailers and needing to be resubmitted will result in Owner paying any associated fees for the correction.
- The changing of a band or groups name, the removal or addition of any members or changing the entity’s name in any other way does not void this contract in any way. Dubb Spot Records shall still have the right to distribute the digital masters. The Owner should make Dubb Spot Records aware in writing as soon as possible if a band or group has changed its name for any reason.
- Changing of metadata or information once a distribution release has been distributed will be subject to fees.
- Owner shall provide Dubb Spot Records with masters in wav format, front album cover (1400 x 1400, 300 dpi .jpg), track list, barcode (bar codes are provided for free), and any other information pertinent to the release of the music. Failure to provide these items during submission may result in fees responsible by Owner. If artwork is not received in stated format, Owner agrees to pay $25 for artwork resizing. If Owners content is already being digitally distributed by another aggregator, Owner cannot submit those particular songs for distribution. Dubb Spot Records will not re-release said content.
- Dubb Spot Records will have the right to assign this Agreement to any affiliate or successor of Dubb Spot Records. Owner acknowledges and agrees that neither this Agreement nor any right or interest hereunder may be assigned or transferred by Owner without the express written consent of Dubb Spot Records.
- All notices hereunder shall be sent in writing via certified, registered or express mail (e.g Federal Express) All notices to Dubb Spot Records shall also be sent to Dubb Spot Records, 538 Retreat Court K, Odenton, Md. 21113 Attn: Billie Walker.
- This Agreement shall be deemed to have been made in the State of Maryland, and its validity, construction, performance and breach shall be governed by the laws of the State of Maryland.
- All actions or proceedings seeking the interpretation or enforcement of this Agreement shall be submitted for final binding arbitration under the commercial rules then pertaining of the American Arbitration Association in Maryland.
- Owner acknowledges that it has been advised to seek independent legal and business counsel with respect to this Distribution Agreement and that Owner has either sought and obtained such counsel or deliberately refrained from doing so.
- Owner acknowledges that there is a $50 non-refundable set-up fee required at the time of this agreement. And all distribution releases both singles and albums are not charged a fee after the initial set-up fee, for the term of this agreement.
BY SELECTING “I AGREE”, YOU HAVE A CLEAR UNDERSTANDING OF THE DIGITAL DISTRIBUTION AGREEMENT WITH DUBB SPOT RECORDS UNDER THE TERMS AND CONDITIONS SPECIFIED ABOVE.
PLEASE PRINT A COPY FOR YOUR RECORDS.
YOU WILL BE CONTACTED BY DUBB SPOT RECORDS WITHIN 1 WEEK AFTER SUBMISSION.
BEAR IN MIND THIS IS NOT VALID UNTIL YOU HAVE RECEIVED AN ACCEPTANCE EMAIL, AN AGREEMENT FROM US WITH BOTH SIGNATURES AFFIXED AND YOU HAVE PAID YOUR SETUP FEE.