EAR Distro: Terms and Conditions
Last Updated: January 19, 2025
These Terms and Conditions (“Agreement”) govern your use of the EAR Distro service operated by Elton Audio Records, LLC (“Elton Audio Records,” “EAR,” “we,” “our,” or “us”). By using EAR Distro, you agree to be bound by these terms.
1. Definitions
1.1. EAR Artist
An individual or entity currently under artist management with Elton Audio Records.
1.2. Non-EAR Artist
An artist who is not under management with Elton Audio Records.
1.3. EAR Distro
The digital music distribution service operated by Elton Audio Records.
1.4. Artist Hub
An internal artist portal that provides access to EAR Distro and various management and marketing tools.
1.5. Management Fee / Distribution Fee
A percentage-based fee deducted from royalties. EAR Artists pay a management fee; Non-EAR Artists pay a distribution fee.
2. Access & Eligibility
2.1. Access for EAR Artists
EAR Distro is free for all EAR Artists. No subscription or distribution fee applies. Access is granted through Artist Hub, which is provided at no cost as part of EAR’s management services.
2.2. Access for Non-EAR Artists (Collaborators)
Non-EAR Artists collaborating on a project distributed by an EAR Artist do not need to subscribe to Artist Hub. However, they are subject to a distribution fee equivalent to the main EAR Artist’s management percentage, deducted from their royalties before payment.
2.3. Access for Independent Non-EAR Artists
Non-EAR Artists who wish to use EAR Distro independently (not through collaboration) must subscribe to Artist Hub and will also be subject to a distribution fee.
2.4. Catalog Transfer Requirement
All artists using EAR Distro must transfer their catalog to be eligible for support, editorial pitching, and reporting. Migrated releases will appear under the Elton Audio Records copyright and publishing line.
3. Fees & Royalties
3.1. EAR Artist Fees
EAR Artists are not charged for EAR Distro or Artist Hub. Instead, a management fee (agreed upon in their contract) is deducted from all income, in place of a distribution fee.
3.2. Non-EAR Artist Fees
Non-EAR Artists pay a distribution fee matching the EAR Artist’s management fee percentage. This fee is deducted from royalties prior to payment.
3.3. Royalty Payments
Royalty payments are issued quarterly (January 15, April 15, July 15, and October 15). The payment amount is calculated after all applicable fees are deducted. Collaborators must submit a completed Client Info Form to receive payments via ACH.
3.4. Minimum Threshold
A minimum of $50 in earnings is required to receive a royalty payment. Amounts below this threshold will roll over to the next quarter.
4. Rights & Ownership
4.1. Ownership
Artists retain 100% ownership of their master and publishing rights unless otherwise agreed upon in a signed EAR Publishing agreement.
4.2. Publishing Representation
If the artist enters into a publishing agreement with Elton Audio Records, rights may be assigned to EAR for a set contractual term for both publishing and master use.
4.3. Copyright Line
All releases distributed via EAR Distro will include the line:
© [Year of Release] Elton Audio Records.
5. Editorial & Promotional Services
5.1. Editorial Pitching
Editorial pitching to DSPs is included automatically as part of EAR Distro and managed through EAR’s distribution partner.
5.2. Additional Promotion (EAR Pitch)
Playlist pitching (EAR Pitch) and other promotional services are optional and must be purchased separately. They are not required for distribution.
6. Cancellation & Catalog Migration
6.1. Cancellation Process
Artists may choose to cancel their use of EAR Distro at any time. There is no cancellation fee. A transition period will be provided, during which the artist may migrate their releases to another distributor.
6.2. Metadata Transfer
Upon cancellation, EAR will provide ISRC and UPC codes to facilitate smooth migration. Artists are responsible for re-uploading their content to the new distributor.
6.3. Post-Management Access
Artists leaving EAR management may retain their catalog on EAR Distro; however, they will lose the ability to distribute new music unless other terms are negotiated.
7. Account Termination
7.1. Termination Rights
EAR reserves the right to terminate any artist’s access to EAR Distro at its discretion, particularly if:
The artist is found engaging in streaming fraud
The artist submits music they do not own or have rights to
The artist's releases result in DSP penalties or fines to Elton Audio Records
EAR will provide notice of termination and support for catalog migration if applicable.
8. Limitations of Liability
8.1. No Guarantees
EAR makes no guarantees regarding DSP performance, editorial placement, or delivery speed. Errors or delays from DSPs are not the responsibility of EAR, though reasonable efforts will be made to resolve issues.
9. Dispute Resolution
9.1. Process
In the event of a dispute, parties agree to the following steps:
a. Informal Resolution: Attempt good-faith negotiations
b. Mediation: Submit to a third-party mediator if unresolved
c. Arbitration: Binding arbitration under AAA rules
d. Litigation: If necessary, legal proceedings may occur in New Jersey courts
9.2. Indemnification
Artists agree to indemnify and hold Elton Audio Records harmless from claims or damages arising from the use of EAR Distro.
10. Governing Law
This Agreement shall be governed by the laws of the State of New Jersey, without regard to conflict-of-law provisions.