EAR Distro: Terms and Conditions

Effective Date: July 10, 2023

These Terms and Conditions ("Agreement") govern your use of the distribution service provided by Elton Audio Records, LLC ("Elton Audio Records," "we," or "us"). By using our distribution service, you agree to be bound by this Agreement.

Definitions

1.1."Artist" refers to the individual or entity utilizing the distribution service provided by Elton Audio Records to distribute their music.

1.2."EAR Distro" refers to the distribution service offered by Elton Audio Records.

1.3."EAR ID" refers to the unique identification assigned to an Artist upon engaging in an Artist management contract with Elton Audio Records or subscribing to EAR Distro. The EAR ID is required for using the distribution service.

Service Access and Eligibility

2.1.Access to EAR Distro: Users can access EAR Distro by becoming an EAR Management or Development artist and obtaining an EAR ID. The EAR ID acts as a key to access the distribution service.

2.2.Subscription Requirements: Each main artist using EAR Distro must have a valid EAR Distro subscription associated with their artist name. Managed artists with access to "Artist Hub" are charged $40 per year, while artists outside the network are charged $80 per year. Additional charges may apply for optional Artist Hub memberships.

Account and Privacy

3.1.Account Creation: Users are not required to create an account to use EAR Distro. However, if an account is created, the use of personal information is subject to the Elton Audio Records Privacy Policy, available at www.eltonaudio.com/privacy.

Fees and Payment

4.1.Subscription Fees: Artists using EAR Distro are responsible for the payment of subscription fees. Managed artists with access to "Artist Hub" are charged $40 per year, while artists outside the network are charged $80 per year. Additional charges may apply for optional Artist Hub memberships.

4.2.Payment Process: Payment for subscription fees will be processed according to the payment method chosen during the subscription process. All applicable taxes, if any, shall be the responsibility of the artist.

Cancellations and Termination

5.1.Cancellation Fee: If an artist cancels their EAR Distro subscription within the first year, a cancellation fee of $50 will apply.

5.2.Notice of Cancellation: Artists are required to notify Elton Audio Records at least one week prior to cancelling their subscription. Failure to provide adequate notice may result in the immediate removal of the artist's music from stores within 24 hours.

Limitations of Liability

6.1.No Guarantees: Elton Audio Records does not guarantee the delivery or availability of distributed content, as it is subject to the policies and outages of digital streaming providers and online stores.

Copyright Responsibilities

7.1.Ownership and Copyright Clearance: Artists distributing content through EAR Distro must own the necessary copyrights or have obtained proper licensing and clearances for their music. If Elton Audio Records represents the copyrights of an artist through a separate agreement (e.g., EAR Publishing deal), the artist is responsible for clearing any samples, cover licenses, fees, or damages unless explicitly communicated in writing to Elton Audio Records prior to distribution.

Distribution through Partners

8.1.By using EAR Distro, you grant Elton Audio Records the non-exclusive right to distribute your music through distribution partners, which may include but are not limited to Amuse, Symphonic, The Orchard, Universal Music Distribution, Sony Music Distribution, AWAL, Kobalt, and any other current or future partners.

8.2.The selection of distribution partners is at the discretion of Elton Audio Records, and they may vary over time. Elton Audio Records will make reasonable efforts to ensure widespread distribution of your music.

Single Subscription per Main Artist Name

9.1.Each EAR Distro subscription is valid for one main artist (filing) name.

9.2.Additional subscriptions may be required if an artist wishes to distribute music under different main artist names.

Media Content Distribution

10.1.By using this form or engaging in EAR Distro, you grant Elton Audio Records and its partners the non-exclusive right to distribute media content on behalf of the copyright owner/licensor.

10.2.This distribution right extends to various forms of media, including but not limited to audio, image, and text, for the purpose of promoting and supporting the artist, their music, and the EAR Distro service.

10.3.Elton Audio Records and its partners will make reasonable efforts to ensure accurate representation and distribution of the media content provided by the artist.

Release Timing and Project Errors

11.1.Elton Audio Records shall not be held accountable for projects that do not release at the scheduled release time or date or experience delays in project updates after submission or public release.

11.2.Elton Audio Records shall not be responsible for errors or changes in project display, playback, or spelling that are caused by streaming services, stores, and/or multimedia playing devices. Such issues are beyond the control of Elton Audio Records, and reasonable efforts will be made to address any technical problems encountered.

Dispute Resolution

12.1.Dispute Process: In the event of any disputes or legal issues, the following process will be followed: (a) Cure Provision: The parties shall make good faith efforts to resolve any dispute through informal negotiations. (b) Mediation: If a resolution cannot be reached through negotiations, the parties agree to submit the dispute to mediation. (c) Arbitration: If mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. (d) Litigation: If arbitration is not successful, the parties may pursue litigation.

12.2.Indemnification: Artists using EAR Distro agree to hold Elton Audio Records harmless and not pursue damages under any circumstance arising from the use of the distribution service.

Governing Law and Jurisdiction

13.1.Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflicts of law principles.