ARTICLE 1 - Definitions
Digital platform: Any Internet site, web or mobile application, allowing the referencing, the listening online or the downloading of sound creations.
Digital distribution: Availability on digital platforms of the titles provided to Kick Label for the purpose of online listening or downloading via the Internet.
Original creation: Work of the mind made up of musical composition, lyric, voices, sounds and/or sound effects having never before been publicly distributed by another party.
Artist: An individual or group of individuals performing under a stage name.
Dashboard: An interface in the form of a secure website allowing the Artist to publish his or her musical works and to have an overview of his or her performances as well as the revenues generated on a daily basis.
MasterCard: MasterCard bank card provided by Kick Label to the Artist allowing him/her to make cash withdrawals, payment at the point of sale or online with his/her Royalties and whose balance can be consulted on the Dashboard.
Royalties: Revenues received thanks to the musical performances (Streaming and track purchases) made from the different platforms.
Takedown : Removal of the titles from one or several digital platforms.
ARTICLE 2 - Transfer of Digital Distribution Rights
Within the framework of its promotion, the Artist transfers to Kick Label all the digital distribution rights of its original creations. The Artist will not be able to transfer these rights to another third party without the prior agreement of Kick Label. However he will be able to carry out by himself and in his name any other distribution within the framework of his self-promotion.
Kick Label undertakes to distribute the original creations on its partner international digital platforms whose names will be communicated subsequently to the Artist in the event of acceptance of the latter in their catalog.
ARTICLE 3 - Distribution costs
Kick Label will take charge of all the distribution costs as well as the administrative and material needs necessary for the diffusion of the original creations on the digital platforms.
ARTICLE 4 - Intellectual Property
The Artist fully retains the intellectual property rights of his original creations, in particular the copyright.
ARTICLE 5 - Responsibility
The Artist recognizes to have all the rights relative to the creations submitted to Kick Label for diffusion. Kick Label disclaims all responsibility in the event of a conflict of rights opposed by a third party, and as a result, the Artist undertakes to resolve, alongside Kick Label, any legal action taken by third parties against Kick Label. In the event of violation of Copyright on titles submitted by the Artist, Kick Label will be able to remove from the platforms all the litigious contents without any compensation of any kind whatsoever being able to be considered.
ARTICLE 6 - Digital platforms
Kick Label collaborates with the following digital platforms within the framework of the digital distribution of the titles which are provided to him (non exhaustive list): iTunes, Apple Music, Spotify, Deezer, Napster, Qobuz, Amazon Music, Tidal, Google Play, Pandora, Shazam, Youtube Music etc. Tracks can be accepted or rejected on one or more platforms according to their respective criteria. Therefore Kick Label cannot guarantee a visibility on a specific platform but will use all means at its disposal to distribute the titles on a maximum of platforms.
ARTICLE 7 - Video distributions
Kick Label does not support the distribution of video contents.
Within the framework of its promotion, the Artist reserves the right to diffuse the video clips or audiovisual contents relating to its original creations.
ARTICLE 8 - Data format
For qualitative reasons, the original creations must be provided to Kick Label at least in 16 bits / 44 Khz WAV format, and at best in 24 bits / 48 or 96 Khz WAV. Kick Label reserves the right to refuse any recording that does not respect these digital constraints.
The Artist must also provide Kick Label with all the information concerning the musical creations: the Artist's stage name, authors, composers, titles of each track as well as the album or Single, but also a cover in JPG format of at least 1080*1080 pixels, not pixelated, indicating the Artist's stage name as well as the title of the work, with no mention of any caption or commercial or promotional text or any brand logo.
ARTICLE 9 - Promotion
Kick Label reserves the right to use the media provided by the Artist (musical tracks, images, etc.) in the context of the promotion of Kick Label and/or the Artist on the social networks or Internet sites.
ARTICLE 10 - Artificial listening
Any manipulation of the number of listens by any means whatsoever, including the use of scripts, robots, or intensive listening loops that do not represent an organic or natural listening pattern is strictly prohibited. The platforms do not remunerate the listening resulting from these abuses, no payment of royalties will be possible and may result in a withdrawal of the titles from all platforms.
ARTICLE 11 - Duration
The present contract is valid until withdrawal of the platforms of all the titles of the Artist, at his own initiative (takedown), or at the initiative of Kick Label in case of non respect of the contractual conditions.
ARTICLE 12 - Remuneration of the artist
In accordance with the laws in force on the rights relating to musical performances, the listening on the digital platforms is subject to remuneration in proportion to the number of listenings carried out (Performance Royalties). The Artist authorizes Kick Label to collect these rights in order to transfer them to him. The rate of remuneration of each listening is defined according to several criteria of which the country of listening, the type of subscription (free, premium), the digital platform, etc. This rate is updated monthly according to the listening profile of the listeners (free subscription, premium subscription, listening country, etc.).
Kick Label will retain a 10% commission for management costs on the Royalties received by the Artist.
ARTICLE 13 - Disputes and competent court
Any dispute will be settled amicably before any legal proceedings. The competent court of law will be the one in Madrid.
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Version of these General Distribution Conditions: 24/03/2021
By clicking on the button "Validate" you accept without reservation the present General Conditions of Distribution.