This Label Distribution Agreement ("Agreement") is entered into by and between Final Take Production Pvt. Ltd., operating under the brand name FT Tunes ("FT Tunes", "Distributor"), and any record label, music company, rights holder, or authorized representative ("Label") using FT Tunes' distribution services.
By submitting content to FT Tunes for distribution, the Label acknowledges that it has read, understood, and agreed to the terms of this Agreement.
The Label hereby appoints FT Tunes as its non-exclusive digital distribution partner for the distribution, administration, monetization, and management of its music content through digital music platforms worldwide.
FT Tunes accepts such appointment subject to the terms of this Agreement.
The Label grants FT Tunes a non-exclusive, worldwide license to:
This Agreement does not transfer ownership of any copyrights, trademarks, master recordings, or intellectual property rights to FT Tunes.
The Label shall retain full ownership of all:
Nothing contained in this Agreement shall be construed as an assignment of ownership to FT Tunes or Final Take Production Pvt. Ltd.
The Label represents and warrants that:
The Label shall be solely responsible for securing and maintaining all necessary licenses, permissions, and clearances.
FT Tunes shall use commercially reasonable efforts to distribute content to digital service providers including, but not limited to:
FT Tunes does not guarantee platform acceptance, playlist placement, promotion, chart performance, revenue generation, or continued availability of content.
All platform decisions remain solely under the control of the respective digital service providers.
Revenue generated from the Label's content shall be shared as follows:
"Net Revenue" means revenue actually received by FT Tunes from digital service providers and authorized monetization sources after deduction of applicable taxes, banking charges, payment processing fees, chargebacks, refunds, withholding taxes, and mandatory third-party deductions.
Royalty payments shall be based solely on reports and payments received from digital service providers.
FT Tunes reserves the right to withhold payments where:
No royalties shall become payable until corresponding funds have been received by FT Tunes.
The Label shall be solely responsible for compensating its artists, producers, composers, licensors, and other rights holders.
The Label may request removal of content by submitting written notice to FT Tunes.
FT Tunes may immediately suspend, remove, or block content if:
Content removal timelines are subject to the policies and processing times of the relevant digital service providers.
The Label shall be solely responsible for resolving all copyright, ownership, royalty, neighboring rights, trademark, or contractual disputes relating to its content.
FT Tunes shall have no obligation to participate in or finance any legal proceeding relating to such disputes.
The Label agrees to indemnify, defend, and hold harmless FT Tunes, Final Take Production Pvt. Ltd., its directors, officers, employees, contractors, affiliates, partners, successors, and assigns from any claims, damages, liabilities, penalties, losses, costs, expenses, or legal fees arising from:
This Agreement shall remain in effect until terminated by either party.
Either party may terminate this Agreement by providing thirty (30) days written notice.
FT Tunes may immediately terminate this Agreement or remove content if:
Termination shall not affect accrued rights or payment obligations existing prior to termination.
To the fullest extent permitted by law, FT Tunes and Final Take Production Pvt. Ltd. shall not be liable for:
The maximum liability of FT Tunes under this Agreement shall not exceed the amount of fees retained by FT Tunes during the twelve (12) months preceding the claim.
Both parties agree to keep confidential all non-public business information, royalty reports, financial data, account information, and proprietary business information exchanged during the course of the relationship.
This obligation shall survive termination of this Agreement.
Nothing in this Agreement shall create a partnership, joint venture, employment relationship, agency relationship, or fiduciary relationship between the parties.
The parties shall remain independent contractors.
This Agreement shall be governed by and construed in accordance with the laws of India.
Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts located in Kolkata, West Bengal, India.
This Agreement constitutes the complete and exclusive agreement between the parties concerning the subject matter herein and supersedes all prior negotiations, communications, and understandings.
FT Tunes reserves the right to update this Agreement from time to time. Continued use of the services following publication of an updated Agreement shall constitute acceptance of the revised terms.
By submitting content for distribution through FT Tunes, the Label confirms that it has read, understood, and agreed to be bound by this Agreement.
The parties agree that electronic signatures, digital approvals, online acceptance, scanned signatures, and electronic records shall have the same legal effect as original handwritten signatures and shall be enforceable to the fullest extent permitted by applicable law.