Terms (Subject to Change)

SIMPLE LEASE AGREEMENT

NON EXCLUSIVE BEATS LICENSE AGREEMENT

 

The Beat List (to be known in this agreement as “Licensor”) through this agreement gives Purchaser on TheBeatList.com (to be known in this agreement as “Licensee”) a non-exclusive license of a beat or beats (musical composition(s)) from TheBeatList.

 

WHAT THIS LICENSE PERMITS

 

Licensee is now allowed to use the Music in a worldwide, non-exclusive, non-transferable way as long as audio/visual performances are recorded in addition to the original musical compositions (which will be known through the agreement as “synchronization”). Licensee is given permission to distribute, sell, or broadcast only synchronization or mechanical reproduction with other visual or audio performances (vocals) added by Licensee. The granted permissions will include phono-record demos created using Licensor’s compositions (beats). Licensee is permitted to use the musical compositions in these forms as long as Licensee is following all restrictions and rules in this agreement. Licensor has the full authority and full right to issue other parties the right to use the Original Instrumental Composition (beat) that is being licensed in this agreement.

 

  1. A) This License forbids resale or other distribution of Licensor’s compositions (as they exist or with any type of modification) how they are or any type of modification. The beat(s) cannot be sold, loaned, rented, leased, assigned, remixed or rearranged, by licensee nor can the Licensee remove any melodies, instruments, drum programing or transfer all or any of the products sold or their rights to any other user without consent and an exclusive license written and agreed upon. The music also cannot be used for any competitive product.

 

  1. B) It is understood that the Licensee is responsible for clearing all samples, recreations, or interpretations that they want to use with the Original Instrumental Composition and Licensor is not liable for misuse of samples or copyright issues.

 

  1. C) It is understood by the Licensee that they cannot resell, license, lease any part or whole of the compositions to another user without written permission from the licensor. Licensor maintains one hundred percent copyright and ownership of the Original Instrumental composition that is being licensed in this agreement.

 

  1. D) Licensee understands that the beat cannot be used in TV, Film and DVD projects as backgrounds without obtaining written consent and/or another license agreement.

 

  1. E) On all productions using the Original Instrumental Composition the producer’s name must be included. This must be applied on all physical and digital media with a portion or sum of the Original Instrumental Composition in this agreement. This includes but is not limited to CD’s, CD covers, Cassette tapes, Cards, or any technology in existence or created in the future.

 

Example Credits

Music Produced by

 

[Producer]

The Beat List © 2021 All Rights Reserved. used under License.

MP3 Files Must Include – Produced by [Producer that made the instrumental]

 

OTHER TERMS TO BE OBSERVED BY AND BETWEEN THE PARTIES:

 

Any and all profits from the recording and distribution of any recordings that have the use of Original Instrumental Compositions from the Beat Productions Catalog after 2,000 unit sales or 5,000 streams will be divided as follows:

 

50/50

 

Licensee will either obtain another non-exclusive lease for the same beat, or seek an exclusive license. Securing an exclusive is subject to terms described in a separate exclusive rights agreement.

 

This agreement shall be binding upon the parties, their successors, assigns and personal representatives. Time is of the essence on all undertakings. This agreement shall be enforced under the laws of the State of Tennessee.

 

This is the entire agreement. It is understood that neither party is under the influence of any substance that may alter the judgement of the parties involved in this signing.

 

By Checking the box on The Beat List Checkout area, you agree to all terms of the website. This agreement will be updated from time to time when necessary.

Below is more information about how to renew leases and how to make an exclusive purchase.

 

LEASING RIGHTS
You will receive an encoded MP3 file of the untagged song, and/or a copy of the raw WAV file. The song file can be delivered digitally or through the mail on a CD. Leasing rights allow you to use the beat (or song) for ONE commercial recording or broadcast. This recording can then be distributed at your price for up to 2,000 copies or 5,000 streams. Selling more than 2,000 copies or having more than 5,000 streams means you must acquire a new lease or exclusive rights. You may also use the beat for non-profit promotional use or demos. You have full rights to record, alter, mix the beat/song in any shape, way, or form (except reselling the beat). You will receive a contract in the mail granting you non-exclusive rights to the beat. In the event that someone buys exclusive rights to the beat you have leased, your rights shall stand and the beat is still yours to use. You may also acquire new leasing rights if you sell more than 2,000 copies since your contract predates exclusive sale. The seller will not receive a royalty from the sale of records or downloads. You must however give full credit to the seller (artist and/or producer name) on all commercial recordings. Upon purchasing leasing rights, the seller still owns the beat(s) and the seller is able to resell the beat(s) to any other party until exclusive rights have been purchased.

EXCLUSIVE RIGHTS
You will receive a MP3 file of the beat (or song), untagged (free of soundmarks) and/or a copy of the raw WAV file. The song file can be delivered digitally or through the mail on a CD. Exclusive rights grant you unlimited commercial recordings and broadcasts. You have full rights to record, alter, mix the beat/song in any shape, way, or form (except reselling the beat). You will receive a contract in the mail granting you exclusive rights to the beat. You own the recording as a “work made for hire”. The original seller may no longer lease or sell the beat/song, except for prior leasing rights holders and his/her own promotional page (no downloads there). The seller will not receive a royalty from the sale of records or downloads. You must however give full credit to the seller (artist and/or producer name) on all commercial recordings.

SPECIAL USES: TV, Movies, Commercials, Websites

  • Charity organizations: can use song for free, but must give full credit to artist/producer
  • Student projects for school/college: can use song for free, but must give full credit to artist/producer
  • Commercials, In-house, company publications: for publications with less than 50,000 viewers exclusive rights suffice. Terms are to be discussed for larger publications.
  • Websites (less than 100,000 monthly hits): leasing rights suffice
  • Websites (other): must acquire exclusive rights
  • TV/Movie: terms are to be discussed

 

WEBSITE TERMS FOR PRODUCERS/CUSTOMERS

The Beat List Terms & Conditions

Effective date: February 9th, 2019

The Beat List operates thebeatlist.com website and other related websites and applications (the “Service”).

Below are terms and conditions that describe the Service, and may change or be added to from time to time. The term “you” or “your” in this agreement refers to an individual, representing yourself or, if applicable, acting as legal representative for a group, business entity or corporation.

 

CAREFULLY READ THESE TERMS AND CONDITIONS. BY USING OR PARTICIPATING IN THE WEBSITE OR RELATED SERVICES, YOU ARE CONSENTING TO BE BOUND BY THESE TERMS AND CONDITIONS AS SUCH TERMS MAY BE MODIFIED FROM TIME TO TIME AS DESCRIBED BELOW.

 

Use of Materials Found on the Website: The information, artwork, text, video, audio, pictures, software and other intellectual property (collectively, “Materials”) stored on the Website are protected by copyright and international laws. You may only access and use the Materials for personal or educational purposes or as specifically described in The Beat List terms and condition. You may not otherwise reproduce, distribute, publicly perform, publicly display, modify or create derivative works of the Materials, unless authorized by the appropriate copyright owner(s). In the event that you print Materials found on the Website, you must include any copyright notice originally included with the Materials on all copies. You may not link directly to any media file located on The Beat List server, except where explicitly allowed to do so. You should not attempt to claim any Materials as your own work. Any computer software downloadable or otherwise available on the Website is provided subject to the terms of the applicable license agreement. Before using The Beat List logo or trademark, please contact TheBeatList.com.

Copyright and Trademark Infringement Policy and Notification Procedure: The Beat List does not own the musical compositions, sound recordings, art or other written or visual images (collectively, the “Content”) posted by third parties to the Website. All Content is posted by an individual, group or company (collectively, the “Artist”) who has represented and promised to The Beat List that, along with other things, neither the Content or the names, trademarks and service marks where Content is promoted (collectively, the “Name”) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy, or moral rights. Buyers are required to clear any samples on any composition (beat) purchased.

 

Since TheBeatlist.com has no position to determine who has prevailing claim on Content or Name posted to the Website, its policy dealing with that is that they be resolved directly by the parties alleging misuse of their Content and/or Name (the “Complainants”) and the Artists. We recommend that Complainants immediately notify Artists about allegations of infringement by contacting the Artist. Typically, once notified of a claim, Artists voluntarily cease using such infringing Content and/or Name on the Website and elsewhere.

Complainants should notify The Beat List concerning any violations of names or copyrights by sending an email to thebeatlistofficial@gmail.com. In most cases, not long after being notified the content is removed in a reasonable fashion.

 

Refund policy: TheBeatList.com does not offer refunds. If there are any issues with a an ordered item please contact TheBeatList.com immediately. Premium services (recurring billings) can be cancelled anytime for any reason. If there is a cancellation by the Subscriber the period that is already paid for will not be reimbursed and the service will be active until the end of the period. TheBeatList.com reserves the right to cancel premium services for any reason at any time without notification. No refund will be given if user violated the Terms and Conditions of Web Site Use.

Premium service can be cancelled by emailing TheBeatListOfficial@gmail.com with cancellation request and artist name or order ID. Cancellation will be confirmed by email.

 

Your Conduct: You shall use the Website for lawful purposes only. You shall not post or transmit via the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without TheBeatList.com’s express prior approval, contains advertising or any solicitation with respect to products or services.

 

In addition thebeatlist.com reserves the right to refuse service, terminate accounts, and/or cancel orders at its sole discretion and without notification if conduct is considered unacceptable. 

 

Content: Content may contain profanity or otherwise inappropriate or offensive material for children or other members and/or users. Members and/or users must evaluate and bear the risk associated with the use of the Website and related services. Users are also encouraged to contact TheBeatList.com for evaluation of possible offensive material and will be handled at the discretion of The Beat List.

Warranty Disclaimer: YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND RELATED SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, MATERIALS AND RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THEBEATLIST.COM MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE WEBSITE OR ANY MATERIALS THEREIN, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, THEBEATLIST.COM MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THEBEATLIST.COM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS ON THE WEBSITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE, INFORMATION OR OTHER CONTENT OR MATERIALS PROVIDED IN CONNECTION WITH OR OTHERWISE AVAILABLE THROUGH THE WEBSITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SUCH OPINION, ADVICE, INFORMATION OR OTHER CONTENT. UNDER NO CIRCUMSTANCE WILL THEBEATLIST.COM INC BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE WEBSITE, OTHER THAN AS REQUIRED UNDER APPLICABLE CONSUMER-PROTECTION LAW. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU AND NOTHING CONTAINED HEREIN SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY LIABILITY BEYOND WHAT IS PERMITTED UNDER APPLICABLE LAW.

 

Limitation of Liability:

The information contained in this website is for general information purposes only. The information is provided by The Beat List and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of The Beat List. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, The Beat List takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

 

General Provisions: You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Your correspondence or business dealings with, or participation in promotions of or with parties found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations applicable to such dealings, are solely between you and such parties. These Terms and Conditions are governed in all respects by the laws of the State of Tennessee as such laws are applied to agreements entered into and to be performed entirely within Tennessee between Tennessee residents. Legal proceedings related to the matters herein shall be brought in and adjudicated solely in the courts of Nashville, Tennessee, United States of America. Both parties consent to extra-territorial service of process and submit to the jurisdiction of said courts. If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. TheBeatList.com’s failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement of the parties as to the subject matter hereof and supersede all prior proposals, discussions or agreements with respect thereto. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Age requirements for use of the Service: This Service is available for individuals aged 13 years or older. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions.

 

Modification of Terms and Conditions: From time to time TheBeatList.com may modify these Terms and Conditions in its sole discretion. When such modification is made, TheBeatList.com will post a revised version of these Terms and Conditions on the Website. Modifications will be effective when they are posted. TheBeatList.com is not required to provide you with notification that any such modification has been made. It is your responsibility to review these Terms and Conditions from time to time to be aware of any such modifications. Each time you log on to the Website, you will be deemed to have accepted any such modifications.

 

Music Distribution Agreement

 

1) Term and Territory

  1. The term of this Agreement shall be for one (1) year (the “Initial Term”). The Initial Term shall automatically renew for successive one (1) year periods (the “Renewal Term”). The Initial Term and Renewal Term(s), if any, are collectively referred to as the “Term.” Either party may terminate this Agreement during the Term subject to the provisions outlined below.
  2. The territory for this Agreement shall be the world (the “Territory”). Licensor may indicate any territorial restrictions regarding specific “Content” by contacting TheBeatList.com

 

8) Representations and Warranties

  1. Licensor’s representations and warranties.

 

  1. Licensor warrants, represents, and agrees that:
    1. unless otherwise noted, Licensor possesses all rights in and to the Content to enable Licensee to use the Content as contemplated in this Agreement. In the event Licensor does not possess all of the full and exclusive rights to the Content, Licensor shall inform Licensee upon delivery of the Content, which right(s) Licensor does not own or control. Licensor shall provide Licensee with any documentation requested by Licensee evidencing rights to use the Content intended under this Agreement;
    2. Licensor has the full right, power, and authority to enter into and fully perform this Agreement and all of Licensor’s obligations under this Agreement and to grant Licensee the rights granted in this Agreement. Licensor has not granted and will not grant or attempt to grant to any other person, firm, corporation or entity, rights of any kind which are inconsistent with the grant of rights to Licensee or which would in any way impair the rights granted to Licensee under this Agreement during the Term.
  2. Licensor explicitly warrants and represents that:
    1. the Content contains NO unauthorized “Samples.” “Samples” as used herein means any portion(s) or interpolation(s) of third party master recording(s) and/or composition(s), video(s) and/or other material(s), or portions thereof whether musical, lyrical or otherwise, not owned and/or controlled by Licensor. Licensor explicitly warrants and represents that the Content, the sale, distribution, and exploitation of the Content, or any uses of the Content contemplated herein shall not violate any law or infringe upon any common law or statutory rights of any person, corporation, or entity, including without limitation contractual rights, copyrights, trademarks, and rights of privacy or publicity;
    2. as required for use of the Compositions contemplated under this Agreement, except for those Compositions subject to paragraph 5 above, Licensor has obtained mechanical licenses for all Compositions and that Licensor shall administer and pay all mechanical royalty payments to the publishers/writers of the Compositions.
  3. Licensor shall make any and all payments, which may be due to artists, producers, musicians, Performers, writers and publishers when not otherwise addressed in this Agreement and all others whose work and/or performances are embodied on the Content and/or all artwork submitted by Licensor.

 

  1. Licensee representations and warranties.

 

  1. Licensee warrants, represents, and agrees that:
    1. Licensee has the right, power, and authority to enter into and fully perform this Agreement and all of its obligations under this Agreement;
    2. Licensee shall, at its sole cost and expense, encode and deliver the Content to Licensee Partners.

 

9) Indemnification

  1. Each party (the “Indemnifying Party”) will indemnify, defend, and hold harmless the other party and its affiliates, their respective officers, directors, employees, and agents (“Indemnified Party”) from and against any and all losses, liabilities, claims, obligations, costs, and expenses (including reasonable attorney’s fees) which result from or arise in connection with or are related in any way to a breach by the Indemnifying Party of any of its representations and warranties in this Agreement. If a third party asserts a claim or allegation which, if proven, would constitute a breach by the Indemnifying Party of any of its representations, warranties, covenants and or obligations under this Agreement, the Indemnified Party shall promptly notify the Indemnifying Party in writing. The Indemnifying Party shall have the right at its own expense to participate in the defense thereof with counsel of its own choosing, provided however that the Indemnified Party’s decision in connection with the defense or settlement of any such claim or demand shall be final. No Indemnified Party shall effect any settlement of any pending or threatened proceeding with respect to which indemnity could have been sought under this Agreement by the Indemnified Party without the prior written consent of the Indemnifying Party.
  2. Licensor shall indemnify Licensee, its officers, directors, employees, and agents from and against all third party claims, actions or demands against Licensee for use of the Content as granted in this Agreement which may constitute infringement of copyright and/or trademark, and violate rights of privacy and/or publicity. Licensor explicitly indemnifies Licensee from and against any and all actions, demands, or claims brought against Licensee for non-payment or insufficient payment of mechanical royalties.

 

10) Termination

  1. After the Initial Term, Licensor may terminate this Agreement upon sixty (60) days written notice to Licensee and Licensee must confirm in writing receipt of such notice. Upon termination or expiration of this Agreement, the rights granted to Licensee hereunder shall automatically revert to Licensor. Additionally, Licensor may, upon sixty (60) days written notice to Licensee, terminate this Agreement with respect to any particular Master, Composition or Additional Work without effecting this Agreement for the remaining Masters, Compositions and/or Additional Works.
  2. After the Initial Term, Licensee has the right to terminate this Agreement upon sixty (60) days written notice to the Licensor. Notwithstanding the foregoing, should Licensee file for chapter 7 or chapter 11 bankruptcy proceeding, termination of this Agreement is immediate and all Content shall be returned to the Licensor.
  3. Upon termination or expiration of this Agreement for any reason, Licensee shall cease all use and distribution of the Content and shall demand that Licensee Partners cease all use and distribution of the Content. Licensee shall promptly delete all forms of the Content from its website and demand that Licensee Partners delete all forms of Content from their websites within sixty (60) days of termination of this Agreement.

 

11) Survival of Revenues

Upon expiration or termination of this Agreement, all Revenues received by Licensee for the Content shall continue to be subject to the payment provisions outlined in paragraph 5 above for so long as Licensee receives such Revenues. After termination or expiration of this Agreement, the minimum payment threshold referenced in paragraph 5 shall not apply and Licensee shall pay Licensor its percentage of all Revenues received regardless of the amount payable.

 

12) Mediation & Arbitration

If a dispute arises out of or relates to this Agreement, or if there is a breach of this Agreement, and the dispute cannot be settled or resolved, then the dispute or breach shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The controversy or claim shall be settled by three (3) arbitrators, and all hearings shall be held in Austin, Texas. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction. In rendering the award, the arbitrators shall interpret this Agreement in accordance with the substantive laws of Texas without regard to its conflict of laws rule. Notwithstanding the foregoing, if a third party claim is brought against Licensee for copyright infringement, violation of rights of publicity, rights of privacy, or other unauthorized use of Content which is contrary to the rights granted by Licensor to Licensee in this Agreement, Licensee shall not be bound by this Arbitration provision and may defend itself and make a claim against Licensor in the appropriate court of law and/or equity.

 

13) Miscellaneous

  1. Under no situation or circumstance shall Licensee be required to accept any or all Content submitted by Licensor. Licensor has none of the rights granted under this Agreement unless Licensee officially accepts Content in writing (including via e-mail). Licensee will use reasonable efforts to make the Content available for sale on third party services, carriers, websites, and/or other platforms but makes no guarantee as to the timeliness of such availability or the manner in which it is presented by Licensee Partners to the public. Licensor understands and agrees that Licensee shall not be liable for any actual or potential lost revenue due to a delay or failure to have the Content available via third party services, carriers, websites, and/or other platforms. However, Licensee will work with Licensor and Licensee Partners to facilitate as many of Licensor’s preferences as possible.
  2. If any part of this Agreement is deemed invalid or unenforceable, it shall not affect the validity or enforceability of the remainder of this Agreement, which shall remain in full force and effect as if such invalid or unenforceable provision(s) were not a part hereof.
  3. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, executors, successors in interest, and assigns.
  4. In entering into and performing this Agreement, Licensor and Licensee each have the status of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture between the parties and neither is the other’s partner or employee.
  5. This Agreement and the document contain the entire understanding between the parties with respect to the subject matter hereof and may only be modified, altered, or amended by a written agreement signed by all parties. For purposes of this provision, a written modification, alteration, or amendment shall include e-mail transmission with proof of receipt and acceptance by the receiving party.
  6. Licensor agrees that it enters into this Agreement with all knowledge of its terms, freely and voluntarily, and with a complete understanding of all the consequences of entering into this Agreement. Licensor acknowledges that it has been represented in the negotiation and execution of this Agreement by an independent attorney of Licensor’s choice who is familiar with the practices of the entertainment industry or Licensor has willingly refrained from so doing.
  7. Subject to and in accordance with paragraph 12 above, this Agreement shall be governed by and construed in accordance with the laws of the State of without giving effect to any choice of law principles.
  8. All notices and communication desired or required between the parties may be made via e-mail transmission, provided however that the sending party obtain proof of receipt of such communication by the recipient either by return e-mail, follow up telephone call, or facsimile. Notices that pertain to any claim referenced in paragraph 9 shall be given in writing and delivered in any of the following ways: personally, via a commercial carrier which provides proof of delivery whether or not such delivery is made overnight with the postage prepaid.

The Parties have entered into this Agreement on the date first written above.

 

 

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