Fresible Music

FRESIBLE MUSIC DIGITAL DISTRIBUTION AGREEMENT

Last Updated – 1st March, 2025

Welcome to the Fresible Music Artist Digital Distribution Agreement ("Agreement"). This Agreement outlines the terms and conditions under which Fresible Music offers its Digital Distribution Service. By creating an account on fresiblemusic.com, you automatically agree to and are considered to have signed this Agreement. Please read carefully. Use of the Digital Distribution Service constitutes your agreement to and acceptance of this Agreement.

Authorization & Exclusive Rights
1. You appoint Fresible Music (a trademark of Fresible Technologies Limited, referred to as “we,” “us,” or “Fresible Music”) as your exclusive distributor for the digital distribution of your authorized content (“Your Content”).
2. Fresible Music is granted the exclusive right, during the Agreement's term, to:
  1. Digitally distribute Your Content to our full network of partner platforms and digital music services.
  2. License, reproduce, and deliver Your Content and associated assets (e.g., artwork, metadata) across the digital services, including download, streaming, and mobile use.
3. All authorized content distributed through Fresible Music must be original, fully cleared for distribution, and free of legal or rights issues.
Agreement to Terms upon Signup
By signing up on fresiblemusic.com, you acknowledge that you have automatically agreed to, and signed this Agreement. This Agreement is deemed legally binding as of the date of signup.
Term of the Agreement
1. The Agreement takes effect upon your account signup and remains valid unless terminated per the terms specified herein.
2. Either party may terminate this Agreement by providing written notice under the conditions of section 14 (Termination).
Revenue Share and Payments
1. Revenue Split: Fresible Music retains 25% of net royalties from your content distribution, and you receive 75%.
2. Minimum Payout: Payments will be made when the balance meets a minimum of 50,000 Naira or USD 50, whichever is lesser.
3. Payment Schedule: Once your account balance meets the payout threshold, payments will be processed between the 12th - 16th of every month. Royalty reports are usually received 20 days before payments are made.
4. Currency Conversion: All payouts are issued in the applicable currency, based on the exchange rate at the payout time.
5. You can review earnings and royalty statements through your secure account login. Royalties are calculated based on Fresible's received revenues and are updated monthly.
Content Standards and Originality Requirement
1. Only original content may be submitted for distribution. You confirm that you hold all necessary rights to distribute any content submitted under this Agreement.
2. Fresible Music will not distribute:
  1. Misleading content, public domain material, or content that infringes on third-party rights.
  2. Sound-alike performances intended to mimic other artists or creators.
  3. Mixtapes or a combination of tracks by multiple artists that are not yours
3. Any unauthorized or misleading submissions may result in content removal, financial penalties, or account suspension. Fresible Music reserves the right to ban users who attempt to distribute infringing content.
No-Refund Policy on Reviewed Content
1. No refunds will be provided once a song or release has been submitted and reviewed by Fresible Music. The review process constitutes a service, fulfilling our obligation to assess and prepare your content for distribution.
2. Fresible Music operates a strict no-refund policy once a song or release has been submitted and undergone our internal review process. This policy is in place due to the nature of the service we provide. The review process itself constitutes a service where our team assesses and prepares your content for distribution. This includes quality checks, formatting, and ensuring your release meets the requirements of our partner platforms.
3. As such, once this service has been rendered, it cannot be reversed, and the value provided through the review process cannot be retracted. This is analogous to other professional services where work performed cannot be undone, and payment is due for the expertise and time invested.
4. We strongly advise all artists and labels to thoroughly check and ensure their music is final and ready for distribution before submission. If you have any uncertainties or concerns regarding your release, please contact our support team prior to submission. We are here to assist and guide you through the process, but it's crucial to understand that once the review process has begun, it signifies the commencement of a service that cannot be refunded.
Quality Standards Compliance
1. Fresible Music endorses high-quality music products. Content submissions must meet technical standards, metadata accuracy, and editorial criteria as outlined in partner guidelines.
2. We reserve the right to reject or remove content that does not meet these quality requirements, including:
  1. Content that fails to comply with retail and editorial policies, or contains artist names flagged on service watchlists.
  2. Products submitted with incorrect, incomplete, or non-compliant metadata or artwork.
Delivery & Takedown Timeline
1. Content takedowns from digital platforms typically take up to two weeks from the date of request. Fresible Music is not liable for delays in takedown actions by partner platforms. Content removal requests initiated by Fresible Music will be submitted to our partner platforms in a timely manner. However, the actual takedown process is subject to the policies and procedures of each individual platform. These platforms typically require a processing period, which can take up to two weeks from the date of the takedown request to complete the removal of the content.
2. Fresible Music acknowledges the potential impact of content remaining accessible during this processing period and will make reasonable efforts to expedite the takedown process where possible. However, we cannot guarantee the specific timeframe for content removal, as this ultimately depends on the platform's response. Therefore, Fresible Music is not held liable for any delays in takedown actions that occur due to the internal processes of our partner platforms.
Additional Revenue Opportunities
1. Fresible Music may extend Your Content to additional monetization channels (e.g., mobile, conditional downloads, licensing for internet radio) where available, consistent with the terms of this Agreement.
2. Revenue from such channels will be included in the standard royalty calculations and reported within your account dashboard.
Account and Content Management
1. User Responsibility: You must maintain accurate account information and ensure that all submitted content, artwork, and metadata comply with this Agreement and our partners' standards.
2. Metadata Optimization: Fresible Music reserves the right to adjust metadata to enhance content visibility, improve revenue potential, and meet quality standards.
Audit Rights
1. Fresible Music will maintain accurate records of royalty transactions. You may request an audit of your account records once per year, at your expense. In cases where an audit reveals a discrepancy exceeding 10% in your favour, we will reimburse your audit costs.
2. Audit requests must be submitted in writing with a minimum of 30 days’ notice.
Artificial Streams
1. Please note that streaming platforms impose penalties for artificial plays (bots, fake streams, or manipulated playlists). These penalties may include song removal, revenue loss, or account suspension. To safeguard your music, please employ only organic promotional methods.
2. If any artist is discovered to have violated the provision in subsection (a), Fresible Music retains the right to remove any release at any time.
3. Fresible Music also reserves the right to report any artist found to be in violation of this provision to the appropriate legal authorities.
4. If you engage in the use of artificial streams, we will remove all of your music from every store and streaming platform globally.
5. Any user found to be involved in the use of artificial streams will have their account blacklisted. This will prevent them from releasing music through any distributor, including Fresible Music.
6. We will impose an additional administrative penalty fee on any account found to be using artificial streams.
7. Payment of the penalty fees is enforceable through legal action.
8. Fresible Music also reserves the right to withhold, in its entirety, royalties from previous and future sales for the artist. This is to cover any unforeseen expenses accruing to Fresible Music.
Indemnification
1. You agree to indemnify, defend, and hold Fresible Music harmless from any claims, damages, losses, or costs arising from unauthorized or infringing submissions, non-compliance with this Agreement, or breach of third-party rights.
Limitations of Liability
1. Fresible Music is not liable for indirect, incidental, or consequential damages resulting from the use or distribution of Your Content.
2. In cases of distribution delay or service interruption, Fresible's liability is limited to the amount of royalties owed to you during the period in question.
Termination
1. Fresible Music reserves the right to terminate this Agreement immediately if you violate any of its terms, submit unauthorized or infringing content, or fail to meet your responsibilities as outlined.
2. Upon termination, Fresible Music retains the right to continue collecting royalties from previously distributed content.
3. Termination by either party does not affect rights or obligations accrued before termination.
Modifications to the Agreement
1. Fresible Music reserves the right to modify this Agreement. Substantial changes will be posted on fresiblemusic.com, and continued use of the service will constitute acceptance of the updated Agreement.
2. In cases of significant changes, we will notify you by email.
Governing Law and Jurisdiction
1. This Agreement is governed by the laws of the Federal Republic of Nigeria. All disputes related to this Agreement shall be resolved exclusively in the Lagos State High Court of Nigeria.
Entire Agreement
1. This Agreement supersedes all prior agreements between the parties concerning the distribution of content. Any waiver of terms must be in writing, and signed by both parties.