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Producer Agreement and Terms

These terms were last updated on July 2nd, 2019

Definitions

  • When we say “we”, “us” or “Beatpulse” it’s because that’s who we are and we own and run the Beatpulse marketplace.
  • When we say “work” we are meaning “tracks”, “instrumentals” or “beats”
  • When we say “you” or the “producer” in these Terms and agreement we are referring to you, the producer whose details are listed as the “Beatpulse Producer account” holder. A member who makes tracks available for sale on Beatpulse marketplace. All other words defined or explained in the Beatpulse Producer Terms have the same meaning here.
  • When we say “user”, “buyer” we are meaning ‘’customer” or people who are using or purchasing through Beatpulse marketplace.
  • When we say a “another producer” or “collaboration producer” we are meaning another producer who is involved in such work with you.

Additional policies

We also apply to your use of the Site include our Privacy Policy https://beatpulse.co/privacy-policy , which sets out the Terms on which we process any personal data we collect from you and customers, or that you provide to us. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate.

Submission

We have rules about what we accept and don’t accept. Although we always like to provide constructive feedback we’re not obliged to give you any reasons for rejecting your works. We have the final say on whether works are accepted for Beatpulse marketplace.

You should carefully read the following Terms and conditions before you submitted your work to us or Beatpulse marketplace as well as any related services and applications. Your use of our service implies that you have read, understood, and accepted these Terms and Conditions.

 

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Platform and Services and you must discontinue use immediately.

WHEREAS, Producer is the producer of and owns all right title and interest including copyright in his/her music, tracks, Instrumental or beats (hereinafter “Work”) and agrees to provide such work to publishing, licensing and selling such work through Beatpulse marketplace.

NOW THEREFORE, in consideration of the foregoing and the mutual covenants and promises contained herein and other good and valuable consideration the receipt and adequacy of which is hereby acknowledged, the Producer intending to be bound legally, agree as follows:

1. GRANT OF RIGHT:

Producer hereby grants to Beatpulse, its successors, representatives, and assigns, the right to publish (i.e., upload, publish, licensing and selling), in accordance with the terms and conditions of this Agreement, the Work in all forms throughout the world, during the full term of copyright and any renewals and extensions thereof, except as provided herein. The Producer shall execute and deliver to Beatpulse any and all documents which the Beatpulse reasonably deems necessary or appropriate to evidence or effectuate the rights granted in this Agreement. Further, Beatpulse may use the work for the promotional purpose on all Beatpulse services. Producer acknowledges that Beatpulse has no responsibility towards the samples and/or third-party loops, music, and sounds used in the composition of Producer’s work.

2. OWNERSHIP:

Beatpulse acknowledges that Producer is the sole and exclusive owner of the Work and of all associated federal registrations and pending registrations (including copyright registrations), and Beatpulse shall do nothing inconsistent with such ownership. Beatpulse further agrees that it will not claim ownership rights to the work, or any derivative, compilation, sequel or series, or related work owned by or used by the Producer. Beatpulse agrees that nothing in this term and agreement shall give Beatpulse any copyright, or interest in the work other than the right to publish, licensing and selling the same in accordance with this agreement.

3. MODIFICATIONS TO THE WORK:

  • Beatpulse is allowed, without the prior written consent of the Producer, to change, modify, remaster of the music/instruments and/or Work as it fits and up to the standard of Beatpulse.
  • Producer acknowledges that Beatpulse will use “Beatpulse” voice tags or watermark into music/instrumentals.

4. REVENUE DISTRIBUTION, PRICING AND AUDIT RIGHTS:

All Revenue generated through the work will be distributed by the parties as follows:

  • To Beatpulse – Fifty Percent (50%), minus Two Percent (2%) Fixed sale transaction fees = Forty-Eight Percent (48%)
  • To Producer – Fifty Percent (50%) minus Two Percent (2%) Fixed sale transaction fees = Forty-Eight Percent (48%) [Fixed – Producer will always receive a minimum of 48% from generated from each work unless is a collaboration with another producer – Follow section 5 “COLLABORATION”

Track Pricing: Beatpulse have exclusive rights to price up to the Producer’s music/Instrumentals except for exclusive rights. Following are the music/instrumental pricing for licensing such tracks:

5. COLLABORATION:

If the Producer collaboration with another producer who is already a member of Beatpulse marketplace, All Revenue generated through the work of collaboration will be distributed by the parties as follows:

    • To Beatpulse – Fifty Percent (50%), minus Two Percent (2%) Sale transaction Fees = Forty-Eight Percent (48%)
    • To producers – Fifty Percent (50%) minus Two Percent (2%) Divided by the number of producers = Distributed percent for each producer

If the Producer collaboration with another producer who is a non-member of Beatpulse marketplace, Is the producer own responsibility to pay a collaboration to those producers.

 

Is the producer responsibility to inform us of each collaboration before the producer has submitted works to us, Beatpulse is not responsible for any consequences violation in such works.

6. DISCOUNT AND PROMOTIONS:

  • Sometimes we might negotiate volume sales or other arrangements with buyers as part of creating business development opportunities for the producer (special deals). In order for us to make this possible you give us permission to negotiate special deals. We might also offer pricing promotions to Beatpulse buyers. Generally, this will be covered by our setting of prices (see section 4). In some cases, if pricing promotions involve a change in the producer fee or licensing terms, then it is a special promotion and the following sections are relevant.
  • Given the nature of special deals, the prices of your items under the special deal may vary from the advertised item price. This means that your earnings on the sale of your works in a special deal may not always be determined by reference to the advertised price of your works on the Beatpulse platforms. Given the nature of special deals and special promotions, the producer fee may differ for special deals or special promotions.
  • Special deals and special promotions might also involve you entering supplementary licensing arrangements to allow the buyer/Beatpulse user to use your item in particular ways (including demo download). If these supplementary licenses are substantially different from the standard Beatpulse licenses.

7. PAYMENT TERM:

Unless otherwise agreed to in writing by both parties, all payments due hereunder shall be made in the United States (US) currency on within the 1st week of the month or the following business day if such date occurs on a weekend or holiday.

 

If you did not receive your payment in the giving time of the month then please contact us at the following email address to resolve any issues: [email protected]

 

Payment methods available for Buyers:

  • We use third-party payment processor (“Braintree”) and (“Stripe”) to process any transaction on our platform and these third parties have their own terms and conditions and privacy policy for refunds, chargebacks, transaction, and other fees and unauthorized transactions. These third parties are not owned and/or controlled by Beatpulse Ltd,. If any transaction is subject to payment services’ refunds, chargeback, fees or unauthorized transactions, we will deduct that amount from your current Beatpulse Payout account.
  • Producer acknowledges that Beatpulse may, at its sole discretion, issue a credit or refund to any buyer in certain circumstances involving issues with Producer’s work as further outlined in the “Beatpulse Refund Policy” or transactions that may be reversed for other reasons. If that happens, Beatpulse reserve the right to deduct that amount from your Beatpulse account.
  • If Producer breaches any warranty made to Beatpulse, Beatpulse may offset any amount, which Beatpulse have to pay to the third party as a result of Producer’s breach of warranty, against any payments due to Producer.
  • Whenever Beatpulse makes a payment to Producer, Producer will be responsible for all costs of converting the amount and transfer fees of the payment from US dollars into his/her preferred currency. Producer’s financial institution may charge him/her additional fees for conversion. Beatpulse doesn’t control either the conversion rates or producer’s financial institution’s fees. 

8. WORK’S REMOVAL:

Beatpulse has the right to remove an item for any reason, using our reasonable discretion. Also, issues about a music/instrumental/or work might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we can’t guarantee this. We will not be responsible for any loss that you may suffer as a result of your work’s being removed.

If the Producer will wish, then every music/instrumentals or work’s and personal appearance on the marketplace will be deleted (use of the producer name, the producer Beatpulse account, etc.) within an additional 60 days span of the request by the Producer follow Section 12 “TERMINATION”

9. PRODUCER’S ACKNOWLEDGEMENT:

By agreed below, Producer hereby represents and warrants that:

  • The producer is the creator of such work and the sole owner thereof and that no other party has any rights in and to the work;
  • Beatpulse may change the price of Producer’s work at any time without prior consent.
  • The producer will always receive a minimum of Fifty Percent (50%) from generated revenue on each sale, and minus Two Percent (2%) as transactions fee. Which will be deducted from Payout balance work unless is a collaboration with another producer – Follow section 5 COLLABORATION.
  • Beatpulse may use Producer’s work in every promotion.
  • Beatpulse is allowed, without the prior written consent of the Producer, to rename, re-mixing, re-mastering of the music/instruments and/or Work as it fits and up to the standard of Beatpulse.
  • Producer acknowledges that Beatpulse will use “Beatpulse” voice tags or watermark into music/instrumentals and/or work before publishing such work to the Beatpulse marketplace.
  • Beatpulse will use the untagged version of the producer’s work for streaming playback.

10. NO EXCLUSIVITY AND COOPERATION:

This is not an exclusive agreement, it is expressly understood and agreed by the Parties hereto that Producer may publish his/her work to any third-party platform, at his/her sole election, and that percentage of revenue received from each sale of work will vary depending on producer’s choice to publish. Further, both parties shall cooperate with each other in every respect. Nothing contained in this Agreement shall constitute or be construed to be or to create an employee-employer relationship, partnership or joint venture between the parties.

11. EXCLUSIVE LICENSE:

In any event, Producer does hereby assign, transfer and set over to Beatpulse, its successors and assigns, one Hundred Percent (100%) of Producer’s entire right, title and interest, including without limitation any and all so-called “moral rights,” in and to the Works, together with all copyrights therein and thereto throughout the world and any and all renewals and extensions of copyright therein now known or hereafter existing under any law, rule, statute and/or regulation now known or hereafter enacted or promulgated, and including without limitation the exclusive right to administer such copyrights. While your work is on Beatpulse marketplace the original owner of the work shall not sell, assign, let or the Exclusive rights (copyright of the material) of such instrumental without contacting Beatpulse at [email protected] If the producer will make a request to remove the music/instrumental(s), then the track(s) will be deleted from the platform within Sixty Days (60 days) after the producer request in writing to the Beatpulse at [email protected] If this requirement shall be breached by the Producer, in such a breach of this term and the producer sells an exclusive license and/or copyright without notice to the Beatpulse. Also, if the Beatpulse gets legal issue because of the violation of the term by the Producer works, then the producer shall be responsible for each damage/cost/loss caused by the new copyright owner/exclusive licensee towards Beatpulse.

12. TERMINATION:

Either party may terminate this Agreement upon Sixty Days (60 days) prior written notice to the other party. Upon termination of this Agreement, Producer agrees to allow Beatpulse market on Sixty Days (60 days) to delete all the producer works from Beatpulse marketplace (Beatpulse will no longer have permission to sell such works after the termination).

Beatpulse is allowed to save all producer works data files for exiting buyer who is already bought a license from Beatpulse marketplace, but Beatpulse not permitted to sell or publish to Beatpulse marketplace.

Beatpulse agrees to discontinue use of the work, upon the termination of this Agreement, as quickly as practicable, and in no event longer than the time specified herein.

The last payment from all the license that sold before the termination will follow section 7 “PAYMENT TERM”

13. THIRD-PARTY COPYRIGHT INFRINGEMENT:

In the event, there is an infringement of any third-party copyright for the work and Publisher becomes aware of such infringement, Beatpulse may give Producer written notice to that effect, including with such written notice evidence establishing a prima facie case of infringement. Producer shall defend, indemnify and hold Beatpulse and its successors, assigns and licensees harmless from any and all claims (including claims related to Copyright infringement), as per section 11 “EXCLUSIVE LICENSE” of this agreement.

14. WARRANTY AND LIABILITY:

Producer hereby represents and warrants to the Beatpulse that

(a) The producer has full power and authority to enter into this Agreement, and

(b) The producer will not violate the terms of this agreement with any third party.

(c) Producer shall defend, indemnify and hold Beatpulse and its successors, assigns and licensees harmless from any and all claims (including claims related to Copyright infringement), actions and proceedings, and the resulting losses, damages, costs and expenses (including reasonable lawyers’ fees) arising from any claim, action or proceeding based upon or in any way related to Producer’s breach or alleged breach of any representation, warranty or covenant in this agreement, and/or from the acts or omissions of Producer

15. CREDITS:

In accordance with the terms and conditions of this Agreement, the due credit in the said Work shall be given to Producer.

16. ENTIRE UNDERSTANDING:

This Agreement and any attachments to it constitute the entire understanding between the Parties with respect to the subject matter hereof. Any prior Agreement, promises, negotiations, discussions, or representations, whether oral or written, not expressly set forth in this Agreement are of no force or effect. The terms and conditions of this Agreement shall prevail over any contrary or inconsistent terms of any notice or any other document.

17. GOVERNING LAW:

This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the United Kingdom without regard to the conflict of law provisions thereof. Any dispute arising under this Agreement shall be settled by arbitration.

Contacting us

Questions, comments and requests regarding this Agreement Term should be addressed to Beatpulse at  [email protected]
If you have any other questions about this Agreement Term, the practices of this site, or your dealings with this site, please contact us at:

Changes In Terms and Condition

We may make changes to these Terms at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.
We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities.

Your acceptance of these terms

By registering a Producer account and submit a work to this platform or Beatpulse Marketplace, you signify your acceptance of this agreement and terms. If you do not agree to this term, please do not register or complete the Beatpulse Producer account. Your continued use of the site after changes of terms will be regarded as acceptance to the changes.

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