Music DISTRIBUTION AGREEMENT
THIS AGREEMENT between the parties: that is, Mor’geez Records cc herein refers to as “The Company,or Distributor,or We/Us” and the Artist: herein refers to as The “Artist, You” is for the exclusive distribution of any Master Recordings submitted to the Company for distribution by You the Artist and the performances embodied therein, in accordance with the terms and conditions itemized below.
- You guarantee that you are free to enter into and abide by the terms of this AGREEMENT and that you solely own or control the master recordings embodying compositions (referred to individually and collectively as the “Master”):
- You guarantee that you have the authority to provide exclusive distribution rights and that no other person, firm or corporation has any right, title or interest in or to the Master or any copy or duplicate. Additionally, you guarantee that you have not done or will do anything which is inconsistent with our complete distribution of said Master and said performances.
- This Agreement shall last for 5 year(s) continuing automatically thereafter until either you or us serves written notice on the other terminating the Term of the agreement giving the other thirty (60) days written notice.
- You further guarantee:
- In connection with the recording of the Master, all costs of recording, musicians’ fees, and royalties to any artists and arrangers have been paid in full by you and that you will be solely responsible for all above-stated royalties. Additionally, you will indemnify us against any losses, damages, costs or claims of any parties resulting from the services of the artists and musicians whose performances are embodied on said Master recordings.
- There are no liens, encumbrances and/or obligations in connection with the Master or with the performance not specifically set forth.
- You hereby agree to “drop ship” an initial shipment of 100 hardcopy units (if applicable) within 21 days of the date of this AGREEMENT and, to the best of your ability, will continue to supply us with records when demand from retail outlets or online pre orders so warrants. The address of the shipping location is:18 Heelra Road, Raumarais Park, Bramley, Johannesburg,Gauteng, 2090, South Africa.
- You will prepay any and all shipping and handling for all record shipments. It will be our responsibility to pay the shipping and handling on any returns or unsold merchandise.
- The term “records”, as used in this AGREEMENT, shall mean all transcriptions, duplication, encoding or any other method used to duplicate the performance, now known or to be later utilized, including, but not limited to: compact discs, phonograph records, audio cassette tapes, digital audio tapes, quality digital audio files, video files, DVD or any and all other digital delivery methods that now exist or may come into being.
- For the term of this AGREEMENT, you hereby assign, transfer and grant to us all rights (exclusive) to distribute in the Worldwide territory via the The Morgeez Music Stores on the internet without any limitation in and to the Master, all copies, and all performances embodied therein, including but not limited to:
- The non-exclusive distribution of the Master, all duplicates, and all the performances, edited, excerpted, altered in any manner or by any means whatsoever for the term of this AGREEMENT.
- The non-exclusive and perpetual right in the Worldwide territory to distribute, advertise, sell and otherwise deal in records manufactured from the Master or to refrain therefrom, upon such terms and conditions as we may decide, including the right to use and control all such records and the performances embodied therein.
- The non-exclusive right in Worldwide territory to use and publish and to permit others to use and publish the names, likenesses and photograph of all persons who performed in the recording of the Master, in connection with the sale of records produced from the Master.
- The right to distribute copies of the Master in markets in all of the Worldwide territory and to act as negotiator in securing licensing of the Master in presently unsecured territories.
- In full consideration of all the terms and provisions to be performed by you and for all the rights granted to us, we agree to pay you the sum of 70% of total sales per monthly basis inclusive of Singles downloads, Albums pre-order or hard copies and digital downloads, total income on Streams all bears 70% payable to you the or right owner artist. While Morgeez will be remunerated in 30% of all sales. No payment shall be paid for records returned or those records that remain unsold and returned by us to you.
- You agree to obtain all necessary mechanical licenses from the copyright owners of the compositions embodied on the Master and to pay mechanical license fees which may become due by the sale of records manufactured from the Master.
- We will be allowed to add to the label or any other packaging that the records are distributed by us.
- You further agree that for the duration of this AGREEMENT you will not permit these artists to record for third parties the same compositions embodied within the Master.
- We will compute royalties under this AGREEMENT within sixty (60) days after the first day of January and July of each year for the preceding six (6) month period and will pay royalties to you within said sixty (60) days.
- You further grant to us the right of first refusal to distribute the follow-ups to this release, under the same terms as set forth in this agreement, and that you will provide said follow-ups within thirty (30) days after receiving notice from us. We must accept or reject these follow-ups within thirty (30) days after receipt of the Master.
- GOVERNING LAW: This agreement shall be governed by the laws of South Africa and Gauteng Province under the exclusive jurisdiction of the South Gauteng High Court, Johannesburg. Arbitration and Mediation shall be also considered by both parties as alternative methods of dispute resolution should it be deemed appropriate according to the circumstances and agreed by both parties.
SCHEDULE 1 This refers to your music tracks submitted in the form of Album, EP or Single for distribution.
Your engagement with us duly justifies your understanding confirmation of your agreement to this terms and conditions. If you have any query, please contact us.