This ONLINE MUSIC DISTRIBUTION AGREEMENT is entered into by and between You/Rights Holder Vendor (hereafter “Vendor”) and Mahiber LLC (hereafter “Mahiber”). Vendor certifies to have authority to grant all of the licenses/licensed recordings herein by either uploading directly or authorizing indirectly on behalf of the vendor on Mahiber’s website. Vendor could be an individual, organization or representative of an organization with authority to grant all of the licenses/licensed recordings and agreements herein.
Please read this Online Music Distribution Agreement carefully before uploading albums/songs or using our website. By uploading or using our music distrbution system, you/Vendor agree to be bound by these agreements herein. If you do not agree to all the terms and conditions of this agreement, then you should not proceed using the website or use the services.
Online Music Distribution Terms
Mahiber is a social media company that also facilitates the selling of sound recordings or music downloads to consumers over the internet. Vendor hereby certifies that it owns or has the right to distribute, publish, sell, copy, transfer, convert, encode, integrate, digitally modify and deliver over the internet the master sound recordings transferred to Mahiber. Vendor hereby certifies that it owns or has the right to distribute, sell, publish, copy, transfer, convert, encode, integrate, digitally modify and deliver over the internet any artwork, writing, or pictorials supplied by Vendor to Mahiber for the purpose of promoting the sale of the sound recording.
Vendor hereby authorizes Mahiber to immediately release, sell via downloading and/or deliver over the internet the digital audio transmission of licensed recordings and any artwork, writings, or pictorials supplied by Vendor for the purpose of promoting the sale of sound recordings worldwide.
Vendor certifies and shall obtain or pay for any necessary clearances and licenses of the sound recordings and artwork. Vendor shall be responsible for and pay any royalties and other income due to artists, authors, co-authors, copy right owners, co-copyright owners, producers, and other record royalty participants from sales or uses of the Licensed Recordings. Vendor shall also be responsible on all mechanical royalties payable to publishers and/or authors or co-authors of copyrighted musical compositions embodied in the Licensed Recording from sales or other uses of the Licensed Recording. Vendor shall also be responsible for all payments that may be required under collective bargaining agreements applicable to any royalties, fees, with respect to the Licensed Recordings, artwork, and other materials supplied to Mahiber.
Vendor hereby grants to Mahiber the right to use and to allow others to use Vendor’s name, likeness of artist(s), group(s) or band(s), company information, and biographical material for the purpose of advertising and promoting the sale of the Licensed Recordings during the Term of Grant throughout worldwide.
The term "Name and/or Likeness" shall mean the name, voice, photograph, drawing, likeness, biographical material, any and all words, symbols, and logos which identify a person or group, and any and all trademarks, service marks, trade names, or similar properties, of, relating to or associated with a person or group, and any other exercise of the "right of publicity" of, relating to, or associated with a person or group.
The Terms of Grant shall commence upon the date hereof and shall continue until Vendor cancels in writing to Mahiber. Mahiber shall have (30) days after notice of cancellation or expiration of the term to remove all of Vendor’s music content from Mahiber’s website.
Mahiber shall retain written agreed percent commission derived from the sale of the digital audio transmissions embodying the Licensed Recordings. Vendor shall receive the balance of the written agreed percent commission minus transaction processing fees such as credit card transaction fees and other electronic commerce processing fees by banks and financial institutions including currency exchange fees where applicable.
Vendor is fully responsible to validate the accuracy of amount received from the sale of the vendor’s any music after the first distributed payment by Mahiber. Vendor has 30 days to claim and correct any error of payments made to the vendor by Mahiber from the sale of the vendor’s any music with written notice to Mahiber. Mahiber is not accountable nor responsible for any inaccuracies, mishaps of distributed payments and has the right to decline any retroactive payments beyond the 30 days validity granted to the vendor. Vendor shall return and credit, including, but not limited to, those on account of defective merchandise, errors in billing, and errors in transmission.
Mahiber agrees to maintain and preserve accurate books and records concerning all transactions relating to the distributions of the Licensed Recordings for a period of two (2) years following termination of agreement.
Vendor will indemnify and hold harmless to Mahiber from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorney’s fees and costs) arising out of a claim by a third party by reason of a breach of any warranty, representation, covenant or obligation of Vendor under this Agreement, or any claim that any Digital Audio Transmission, sound recording, printed material, or artwork provided to Mahiber by Vendor use thereof violates or infringes the rights of another party. Vendor will reimburse Mahiber for any actual payments made in resolution of any liability or claim that is subject to indemnification under this section.
This Agreement sets forth the entire agreement between Mahiber and Vendor with respect to the subject matters hereof. No Modification, amendment, waiver, termination or discharge of this contract or any other provision hereof shall be binding upon Mahiber unless confirmed by written statement signed by an officer of Mahiber. No waiver of any provision of this contract or of any default hereunder shall affect Mahiber’s rights thereafter to enforce such provisions or to exercise any right or remedy in the event of any other default or breach.
Mahiber reserves the right to unilaterally modify, amend, add, or delete provisions to this contract upon giving written notice to Vendor. Vendor will then have thirty (30) days to refuse to bound by the modification after which the provision will become a part of the agreement between Mahiber and Vendor without any further action required by either party.
This Agreement shall be deemed to have been made in the State of Delaware and its validity, construction, and effect shall be governed by the laws of the State of Delaware.