MUSIC DISTRIBUTION AND LICENSING AGREEMENT
This Music Distribution and Licensing Agreement (the “Agreement”) is made and entered into on this 8 day of August, 20, by and between:
4oepackmobb, a LLC organized and existing under the laws of CO with its principal place of business located at [Your Address] (hereinafter referred to as “Licensee”),
AND
Any music uploader a [Corporation/LLC] organized and existing under the laws of [State/Country], with its principal place of business located at [Distributor/Label Address] (hereinafter referred to as “Licensor”).
WHEREAS, the Licensee operates a digital music streaming and radio platform (the “Platform”) which provides users with access to music content for streaming; and
WHEREAS, the Licensor holds the legal rights to distribute and license music content and desires to grant the Licensee the right to use certain music for streaming on the Platform under the terms and conditions outlined in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows:
1. Grant of License
1.1 Licensing Rights
The Licensor hereby grants the Licensee a non-exclusive, non-transferable, revocable license to use, distribute, and stream the music content (the “Content”) provided by the Licensor on the Platform, subject to the terms and conditions of this Agreement.
1.2 Scope of License
The rights granted under this Agreement are solely for the purpose of streaming, broadcasting, and making the Content available to users of the Platform for personal, non-commercial use.
1.3 Territory
The rights granted hereunder are worldwide, unless otherwise specified in writing by the Licensor.
2. Music Content and Royalties
2.1 Content Delivery
The Licensor will provide the Licensee with the music content, including but not limited to audio files, metadata, artwork, and associated rights necessary for the Licensee to stream the Content on the Platform.
2.2 Royalty Payments
The Licensee agrees to pay the Licensor a royalty for each stream, download, or broadcast of the Content, as specified in Exhibit A (Royalty Payment Schedule) of this Agreement. The payment structure may be adjusted periodically based on mutual agreement.
2.3 Reporting and Audits
The Licensee will provide the Licensor with quarterly reports detailing the number of streams, downloads, and other relevant metrics associated with the use of the Content. The Licensor may request an audit of the Licensee’s records to verify the accuracy of the reports and royalty payments.
3. Content Ownership and Intellectual Property
3.1 Ownership of Content
The Licensor retains all ownership and intellectual property rights to the Content, including copyrights, trademarks, and related rights. Nothing in this Agreement shall transfer ownership of the Content to the Licensee.
3.2 Licensee’s Use of Content
The Licensee shall only use the Content in accordance with the terms of this Agreement and shall not alter, modify, or sublicense the Content, except as expressly authorized by the Licensor.
3.3 Copyright Compliance
The Licensee agrees to comply with all applicable copyright laws and regulations in the distribution and streaming of the Content. The Licensee shall promptly remove any Content from the Platform if the Licensor provides written notice that the Content is infringing on the rights of a third party.
4. Duration and Termination
4.1 Term
This Agreement will begin on the effective date and will remain in effect for an initial term of [12 months] unless terminated earlier as provided in this Agreement. The Agreement will automatically renew for successive [12-month] periods unless either party provides written notice of its intent not to renew.
4.2 Termination for Cause
Either party may terminate this Agreement immediately upon written notice if the other party breaches any material term of this Agreement and fails to cure such breach within [30] days after receiving notice of the breach.
4.3 Termination for Convenience
Either party may terminate this Agreement for convenience by providing [60] days written notice to the other party.
4.4 Effect of Termination
Upon termination of this Agreement, the Licensee will immediately cease using the Content and remove it from the Platform. The Licensee will continue to make any required royalty payments for Content streamed prior to termination.
5. Indemnification
5.1 Indemnification by Licensee
The Licensee agrees to indemnify, defend, and hold harmless the Licensor from any and all claims, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising out of the Licensee’s use of the Content or any breach of this Agreement by the Licensee.
5.2 Indemnification by Licensor
The Licensor agrees to indemnify, defend, and hold harmless the Licensee from any and all claims, damages, liabilities, or expenses (including reasonable attorneys’ fees) arising out of the Licensor’s ownership of the Content or any breach of this Agreement by the Licensor.
6. Miscellaneous
6.1 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of [State/Country], without regard to its conflict of law principles.
6.2 Entire Agreement
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, whether written or oral, relating to the subject matter hereof.
6.3 Amendments
Any amendments or modifications to this Agreement must be made in writing and signed by both parties.
6.4 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
Exhibit A: Royalty Payment Schedule
To be Determined