This Music Distribution Agreement ("Agreement") is made between JumpWave Music & Entertainment Group Inc. ("Distributor") and the end-user ("Artist"). By submitting any musical works for distribution, the Artist agrees to the following terms:
1. Grant of Rights
The Artist grants the Distributor the exclusive right to distribute the submitted musical works ("Works") on digital platforms, including but not limited to Spotify, Apple Music, and Amazon Music, on a worldwide basis.
2. Artist’s Responsibility for Rights
By submitting any Works for distribution, the Artist certifies that they hold 100% of the rights to all elements of the Works, including but not limited to:
Cover art
Beats
Samples
Featured vocals
Any other associated assets
The Artist guarantees that all such assets are legally obtained and free from any third-party claims. The Artist agrees to indemnify and hold Jumpwave harmless from any claims arising from the unauthorized use of these assets.
3. Distribution Services
Jumpwave will distribute the Works to various digital music platforms. The Artist may choose optional add-on services, such as promotion and playlist pitching, which are subject to additional fees.
4. Compensation and Royalties
Jumpwave will collect all revenue generated from the sale and streaming of the Works. After deducting any applicable distribution fees and charges for additional services, Jumpwave will remit 100% of the net royalties to the Artist. Royalties will be paid on a [monthly/quarterly] basis.
5. Artificial Streaming
In the event that Spotify or any other platform detects artificial streaming activity on any of the Artist’s tracks, Jumpwave reserves the right to:
Charge a "Spotify Artificial Streaming Penalty Fee" of USD $10 per track incurring the penalty, based on an exchange rate of EUR €10 (as of September 23, 2024).
Withhold royalties generated from the affected track(s).
Suspend the Artist's subscription and Jumpwave account if repeated artificial streaming activity is detected.
The Artist is responsible for ensuring that all streams are legitimate and organic. Any fees and penalties will be charged to the payment method on file.
6. Payment Plans
For select services, Jumpwave may offer interest-free payment plans, with 50% due on the day of purchase and the remaining 50% billed automatically in two weeks.
7. Refund Policy
All purchases of distribution packages and add-on services are non-refundable. Refunds will only be provided if Jumpwave is unable to deliver the agreed-upon services.
8. Termination and Cancellation
The Artist may cancel this Agreement at any time through the billing portal. Upon cancellation, distribution will continue until the end of the current billing cycle, after which all rights to the Works will revert to the Artist.
9. Dispute Resolution
Any disputes arising under this Agreement will first be subject to mediation. If mediation fails, disputes will be settled through binding arbitration in accordance with the rules of Ontario, Canada.
10. Governing Law
This Agreement is governed by the laws of Ontario, Canada, without regard to its conflict of law principles.
11. Miscellaneous
Entire Agreement: This document constitutes the entire agreement between the parties.
Amendments: Any changes to this Agreement must be made in writing and signed by both parties.
Severability: If any provision of this Agreement is found to be invalid, the remaining provisions will remain in effect.