Buyer; for the purpose of this Agreement the individual, group, company or organisation who selects and purchases shall herein be referred to as Buyer and shall include any partners, associates or parties otherwise working on behalf of such.
Artist; for the purpose of this Agreement the individual, group, company or organisation who writes, produces, composes, mixes, creates or otherwise supports the creation and submission to ghostproducers.co a musical production shall herein be referred to as Artist and shall include any partners, associates or parties otherwise working on behalf of such.
Company; for the purpose of this Agreement, ghostproducers.co, part of Mphatik Music, shall herein be referred to as Company and shall include any partners, associates, companies, volunteers, staff or parties otherwise working on behalf of or supporting such.
Master; for the purpose of this Agreement the composition, musical production, mix and any and all rights to such composition, musical production and mix, or part thereof, submitted to Company by Artist shall herein be referred to as Master and shall include any components, parts and intellectual property thereof. This includes but is by no means limited to any project files, remix packs, audio files, MIDI data or other similar intellectual properties.
The Master submitted is an original production not previously released or made public in full or in part.
The Master submitted by Artist of a comparable standard and quality to industry releases with reference made to the top 100 Beatport chart for a similar genre for comparison.
The Master submitted by Artist to Company is unique and is free from and does not infringe on any copyrighted material that doesn’t have the express written permission of the copyright holder and that any such permission is hereby supplied to Company with this agreement.
The master does not contain samples with the exception of one shot samples and vocal recordings. Any musical productions submitted that contain vocals from sample packs or other material that has otherwise been made accessible for public consumption, purchase or otherwise must clearly be labelled upon submission and must contain only royalty free recordings of which the Artist has the right to use and derive profit from. In any case, any submissions containing vocal samples from sample packs must be supplied with an instrumental equivalent.
Any charges, costs or debts accrued through additional performances, recordings or other work commissioned, contributed or offered for the production of the Master have been or will be settled by the Artist and any responsibility financial or otherwise will not be transferred to Company in any situation arising through any means.
Any and all monies gained from the sale, performance, sync or other such public use of the Master after the transference of rights to the Buyer shall remain that of the Buyer. Neither the Artist nor the Company shall profit from the Master or any of its exploitation forward from the date of sale by Company, with the exception of the distribution of monies derived from the sale to Buyer.
Only upon sale of the Master to the Buyer any and all rights to and ownership of the Master are surrendered by Artist and Company and transferred in full and without exception to Buyer, whom shall be entitled at all times to the sole right of production, reproduction, exploitation, distribution and sale, use and performance (including broadcasting) throughout the World by any and every means whatsoever.
The Artist shall be paid 70% (seventy percent) of the sale price after Fair Deductions. The Company shall be paid 30% (thirty percent) of the sale price after Fair Deductions. Company reserves the right to mark up or reduce the sale price of a track as they see fit where the Artist has specified a fee to be received upon the sale of the Master and will endeavour to maintain this Artist fee wherever possible. Fair Deductions for the purpose of this agreement are deemed to be those that are reasonable and fair to all parties, including but not limited to currency conversion fees and money handling fees (such as those incurred by Paypal). Fair Deductions may also on occasion include at the discretion of the Company costs incurred for hiring professional services to support the Master and the success of the sale of such. This may include but is not limited to professional mixing, mastering, arrangement and engineering services and studio costs required where, for example, the Artist is not able to provide to the standard required for any reason. Any such services will be invested in by the Company at the discretion of the Company, and are under no obligation to invest in such services. Where the Company invests in such services, the sale price will be raised to ensure minimal financial impact to the Company and Artist upon the sale of the Master and any fees specified by the artist to be received upon the sale of the Master are adhered to wherever possible.
The Artist is responsible for paying any Paypal or other payment provider fees incurred by the receipt of funds from Company and is also responsible for paying any taxes on their income as defined by their resident country.
Should the Artist directly or indirectly involve more than 1 (one) person (such as a duo or joint production team of more than 1 (one) member) then Artist assumes full responsibility for all parties, payments to such members and other dissemination to the respective individuals, companies and organisations as per their individual agreements, verbal or written.
In respect of the sale of Master, the Company’s relationship and responsibility of payment is with the Artist only and shall take no responsibility for the dissemination of the payment to any parties external to that of the Artist.
The individual, company or organisation responsible for submitting the Master to Company is the same individual, company or organisation that owns the controlling rights to the sale of the Master, or has the express permission of the rights owner to make such submission to Company under the terms of this agreement.
The Artist shall under no circumstance release, upload, share or otherwise make public any files, recordings or properties relating to the Master once submitted to Company without the prior written permission of Company. The Artist shall to the very best of their ability endeavour to keep these files private, secure and free from external access.
Any failure to do adhere to these guidelines in the case of any such leak the Company and Buyer reserve the right to commence legal action to the full extent of the law including but not limited to loss of earnings, breach of copyright and other damages.
The present Agreement conclusively governs the contractual relationship between the parties. By proceeding with your submission, collateral verbal agreements lose their effectiveness.
Changes and additions to the Agreement must be in writing. This applies also to any departure from the written form requirement. Statements by email or fax comply with the written form.
By proceeding you acknowledge that you have been advised to seek and have duly taken independent expert legal advice of the terms of this Agreement prior to proceeding with an Artist submission.