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Artist Distribution Agreement for

  1. This Agreement governs the relationship between DIXTRIT.media ('us/we/our') and  ('you'), in respect of any musical works; sound and/or visual recordings ('Works') that you submit to us for inclusion in any of the services ('Service') as defined on DIXTRIT.media in writing or verbally agreed.
  2. 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 a non-exclusive, worldwide license to use, reproduce, distribute, display, publicly perform, exhibit, broadcast and transmit and make available 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 trademarks, 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.
  3. You grant to us (on behalf of yourself) all necessary consents under the Copyright, Designs and Patents Act 1988 ('Act') and any modification or re-enactment thereof to enable us to make the fullest possible use of the Works in accordance with the provisions of this Agreement including without limitation any and all consents required under Part II of the Act. The Artist will hold copyright at all times.
  4. Only as soon as sales reports and money are made available by stores, and upon full and faithful performance of all the material terms by all parties, % of Royalty base price in connection with the income through Digital outlets worldwide will be paid to you. Revenue shall be accounted quaterly, however, there is an initial three months from when we begin managing your content until you receive your first report. After this period, reports will be updated every three months.
    With respect to our distributed work, which embodies your performance together with the performance(s) of other artist/s, We are not under any obligation to pay this/these artist/s as they will be considered ‘employee for hire’.
  5. 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.
  6. 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 suffered or incurred by us as a result of any infringement of, or allegation or claim of infringement of, any Intellectual Property Right made against Us in relation to any content supplied to Us by You.
  7. Termination:
    1. This Agreement may be terminated by you upon 10 business days written notification (including notification by email) of such termination providing there are no outstanding payments due to us and that such may be taken from your royalty balance. It is your obligation to cancel the storage and maintenance subscription at this point. Any further subscription payments shall be forfeited. Upon contract termination and per your request, we shall instruct our partners within 30 days to remove recordings from all platforms. We are not responsible for third-party exploitation after removal instruction. You are responsible for any third-party take-down fees.
    2. Refund shall only be given if We are proven to be in direct violation of this Agreement.
    3. 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.
  8. You 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. DIXTRIT.media 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.
  9. Each party to this agreement shall keep confidential all information disclosed within the agreement and up to two years after termination.
  10. 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.
  11. In the event that we are required to perform Catco/PPL registration on your behalf you grant us permission to act as rights holder for all submitted tracks. This copyright is for purely administrative purposes and is a legal requirement of the PPL. This does not affect any other copyrights mentioned in this Agreement.
  12. Neither party shall be liable for failure to perform or delay in performing any obligation under this Agreement, if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to 'acts of God', war, civil commotion or industrial dispute. If such act shall make performance of this Agreement impossible for more than three months, shall be treated as frustrated and terminated at that date.
  13. This Agreement constitutes the entire agreement between us in respect of the subject matter of it and no terms, obligations, representations, promises or conditions, oral or written, express or implied have been made or relied upon, other than those contained in it. The provisions contained in each clause and sub-clause of this Agreement shall be enforceable independently of each of the others and its validity shall not be affected if any of the others is invalid. If any of those provisions is void but would be valid if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.
  14. This Agreement shall be construed and performed in all respects in accordance with and shall be governed by the laws of The Federal Republic of Nigeria only and the parties irrevocably submit to the exclusive jurisdiction of the Nigerian 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.
  15. Unless terminated under clause 7.1, 7.2, 7.3 or 12, the term of this Agreement shall be two years from date signed and will automatically renew for successive two year periods unless either Party provides written notice to the other Party to terminate this Agreement at least 30 days before the next anniversary of this Agreement.
  16. The Parties agree that no third party will acquire any third party rights under this contract, and the provisions of the Contracts (Rights of Third Parties Rights) Act 1999 are expressly excluded.

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