1. This Agreement governs the relationship between DistroGraphy India Private Limited (OPC), trading as DistroGraphy of Plot No.2665, Beltal, Pattamundai, Odisha-754215 (‘us/we/our’) and ____________________ (‘you/your/the Artist/label/company’) in respect of any musical works or sound recordings (‘Works’) that you submit to us for inclusion in any of the services (‘Service’) as defined on www.distrography.com, in writing or verbally agreed.

2. Grant of Rights.

2.1 In consideration of the sums payable to you and the services provided by us pursuant to this Agreement, you grant to us and our licensees for the term of this Agreement:

A) a non-exclusive world-wide licence to use, reproduce, distribute, display, publicly perform, exhibit, broadcast and transmit and make available by all means and media (whether now known or existing in the future) the Works for distribution in the Service and for all promotional purposes including without limitation for the purposes of internet radio broadcast; and use, reproduce and display in the Service any trade marks, service marks or trade names relating to you and the name and likeness of you and the band/artist whose performances are embodied in the works.

B) You have licensed your content Exclusively to DistroGraphy for monetization of content across any all platforms worldwide and services including 

• The Performing Rights
• Digital Streaming/Download Platforms
• OTT Platforms
• IVR Full Tracks (Operator Based)
• CRBT
• Video Streaming/Download
• Youtube Content ID
• Lyric Distribution
• Sync Rights

C) Synchronise the Works in timed relation with moving images (for example, incorporating the Work into the soundtrack of a video game, advert, film or television show) (‘Sync Rights’)

3. Standard Service prices shall be listed at www.distrography.com, agree verbally or in writing. Services carried out shall be as listed on www.distrography.com at time of purchase. We reserve the right to renegotiate payment amount in the event that additional non-standard services are requested. In such case all prices shall be agreed by both parties in writing and paid in full before commencement. We are not obliged to provide any services above and beyond what has been paid for. Upon third party failure to fulfil service we shall assist with ‘best endeavours’ but are not responsible or liable for such failure.

4. Payment shall only be made to You if accumulated outstanding earnings exceed 1000 Rs/$12*. This threshold shall be carried over until such a time as it is attained. Only monies earned within the preceding months shall be paid and only if received from retailer/licensee. As regards royalty payment to You, any transaction charges shall be passed on. You agree that Your user account and revenue may be frozen at Our discretion if We believe that materials submitted to Us by You are illegal, fraudulent or violate the terms of service of DistroGraphy or any of Our partners. If such submitted material is found to be as the previous sentence then service fees paid to Us and also subsequent royalties shall be forfeited. You agree that royalty payments will only be made once We have received appropriate and verified licensing documents to cover the volume of sales in appropriate territories.

When your generated royalty is paid to you, 10% TDS will be deducted. Actually, this is the law of Government of India to deduct 10% TDS from music royalty.

5. If you have distributed any misleading content or content that you are not the owner, if there is any copyright claim on it or if we find that content you distributed in wrong way to generate revenue then we will immediately remove that content from all music stores and we’ll suspend your account from our portal without notice or proofs. If needed, you can also face a legal case. From the day of the content removal process, you will not receive any past or future months sales reports of your content.

6. You warrant, agree and undertake both on behalf of yourself that the Works are original to you and have not been copied from any third party; the Works do not infringe any copyright, trademark or other proprietary or intellectual property rights of any third party or include any material which are defamatory of any party or obscene; you are not under any disability, restriction or prohibition, whether contractual or otherwise with respect to your right, power and authority to enter into and perform this Agreement and grant the rights herein expressed to be granted to us and in particular, the Works do not contain any viruses or other programming routines that detrimentally interfere with computer systems or data. You warrant that you have obtained appropriate licensing for cover versions for release within territories needing such.

7. You agree to indemnify and reimburse Us in full via Your royalty balance and/or separate payment against any claims, liabilities, damages, losses or expenses (including legal fees) suffered or incurred by us as a result of your breach of any of the warranties or undertakings in this Agreement, or any claims by any third party including but not limited to claims for payment of outstanding debts for services provided or goods supplied by such third parties.

8. We have the right to terminate this Agreement immediately if We believe You are engaging in fraudulent or illegal activity, or following any behaviour deemed by Us as threatening, disrespectful, unprofessional or otherwise carried out by You or any associated parties. Any breach of our terms and conditions by You would result in a non refund of payment.

9. The Artist will submit all content in a Work within a reasonable and pre-agreed time for release and distribution in an agreed format. Upon late submission We shall try best endeavours to perform the agreed Services. We are not obliged to commence Services before receipt of ALL necessary content. DistroGraphy is not responsible for third-party failure to make content commercially available, remove content from sale, adhere to instructions submitted or fulfil any action requested in any way by You or Us.

10. The Artist, labels and representatives shall at all times refer to available help material before contacting us. This includes all known resources provided by us, including but not limited to help documents, online data, written and oral advice. Subject to our discretion, violation of this will lead to Agreement cancellation after one written warning from us.

11. Each party to this agreement shall keep confidential all information disclosed within the agreement and up to five years after termination.

12. You shall provide accurate contact details for you and/or your representative(s). If supplied payment details are inaccurate any monies paid towards You using these incorrect details shall be forfeited.

13. This Agreement shall be construed and performed in all respects in accordance with and shall be governed by the laws of India and the parties irrevocably submit to the exclusive jurisdiction of the Indian courts. In the event of a dispute between the Parties arising out of this deed, they undertake to attempt to settle the dispute by engaging in good faith with the other in a process of mediation before commencing arbitration or litigation.

14. There are no returns and refunds on the services offered by us once your payment done.

15. Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

16. Certain content, products, and services available via our Service may include materials from third parties. Third-party links on our site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.

17. Here are the instructions on how we pay hundred percent royalty to our clients. Our company mostly uses second party platform for music and callertune distribution and for this our partner company charges five to fifteen percent commission from the royalty generated and our company does not charge any fees from the remaining royalty. We provide the remaining royalties to our client labels and artists. Because we do not charge anything from the remaining royalty, so we call it hundred percent royalty.

18. If the platform ever reaches its closing time/discontinue the platform, it is the duty of the platform to inform you and the company can remove and transfer your content from your order. Your subscription money will not be refunded. The company may give you the royalties received from your music or may not give it to you depending on the situation. The owners and employees associated with the company will not be held liable for this.

19. You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.