Digital Distribution Agreement

You hereby acknowledge and accept this Agreement as a final, valid, and legally binding agreement between the Parties, pursuant to which you agree to avail our services for the distribution of your sound recording(s) through the digital service providers selected by you.

If you are entering into this Agreement on behalf of one or more individuals, a group, Distributor, or any other entity, then by accepting this Agreement, you represent and warrant that you are duly authorized to execute this Agreement on behalf of such person(s) or entity(ies), to bind them to the terms herein, and that we shall be entitled to rely upon such authority for the purposes of performing our obligations under this Agreement. In such circumstances, the term “You” shall be deemed to include such individuals and entities.

Further, if you are below eighteen (18) years of age, you hereby represent and acknowledge that you are entering into this Agreement through your legal guardian, who shall be deemed to have reviewed, understood, and approved the terms and conditions of this Agreement on your behalf.

By clicking to agree to this Agreement, you hereby acknowledge that you have read, understood, and accepted the terms and conditions set forth herein. You are therefore requested to carefully review the same in full prior to providing your acceptance.

1. DEFINITIONS
   • “Distributor” shall mean ForeVision Digital.
   • “Registered Account” shall mean the user account independently created and duly registered by you on our website link: https://app.forevisiondigital.com for the purpose of availing the distribution services offered by us.
   • “Website” shall mean https://forevisiondigital.com/
   • “Subscription” shall mean the subscription plan selected by you, as specified on our website from time to time.
   • “Digital Master” or “Digital Masters” shall mean any copy or copies of your sound recording(s), including any underlying musical compositions, literary works, lyrics, vocals, performances, or other content embodied therein, which you own, control, or in respect of which you possess all necessary rights, licences, clearances, consents, and permissions required for digital exploitation and distribution. Such Digital Master(s), when submitted or made available to us through your account or otherwise on your behalf, shall be deemed to have been provided for the purposes of sale, download, storage, transmission, hosting, caching, reproduction, duplication, distribution, marketing, promotion, sharing, print exploitation, lyrics exploitation, communication to the public, and digital transmission, including but not limited to streaming services, YouTube monetization, synchronization, user-generated content (UGC) creation, CRBT services (including caller tunes, ring tones, and real tones), and any other present or future modes of digital exploitation. Any sound recording(s), together with the underlying musical compositions, vocals, lyrics, literary works, artwork, metadata, or related content provided by you or on your behalf to us, shall be deemed to constitute Digital Master(s) and shall be subject to the terms and conditions of this Agreement.
   • “Digital Store” shall mean any third-party platform as specified in Annexure-A of this Agreement, including distributor, telecom operator, digital retailer, digital streaming platforms (DSPs), social media platform, content monetization service, user-generated content platform, or any other entity authorized by us from time to time for the marketing, hosting, exploitation, distribution, sale, licensing, communication to the public, or other commercial use of the Digital Masters pursuant to the terms of this Agreement. This shall include, without limitation: (a) CRBT / Telecom Platforms: Bharti Airtel, Vodafone Idea, BSNL, JioTunes, Vi, Airtel Caller Tunes, and similar telecom-based caller ring back tone or ringtone services; (b) Indian Streaming and Download Platforms: WYNK, Gaana, JioSaavn, YouTube Music, and any similar domestic streaming platforms; (c) International Streaming / Download Platforms: Apple Music, iTunes, Spotify, Deezer, Amazon Music, SoundCloud, Tidal, Pandora, Napster, Mixcloud, KKBOX, LINE Music, Tencent, NetEase, Anghami, Boomplay, Triller, Qobuz, Joox, AWA, iHeartRadio, 7digital, and similar global platforms; (d) Social Media / UGC / Content ID Platforms: YouTube, YouTube Content ID, Meta (including Facebook, Instagram, and WhatsApp), TikTok, Snapchat, LyricFind, Musixmatch, and other user-generated content, short-video, lyrics, or monetization platforms; and (e) Any Other Platforms: Any present or future platform, technology, service, or channel now known or later developed, which we may approve or appoint for the exploitation of the Digital Masters. For the avoidance of doubt, the foregoing list is illustrative and not exhaustive, and we shall have the right to add, remove, suspend, or substitute any Digital Store in the ordinary course of business.
   • “CRBT” (Caller Ring Back Tone) means the service through which a selected audio clip, including but not limited to a portion of a sound recording, musical composition, or other audio content, is played to a calling party in place of the standard ringing tone while a call is being connected to the called party.
   • “Territory” shall mean worldwide for the purposes of distribution, exploitation, and availability of your Sound Recording(s).
   • “Artwork” shall mean the album cover artwork, thumbnails, images, logos, graphics, photographs, visual designs, liner materials, and any other artwork or visual content relating to the Digital Master(s) of the sound recording(s), which is provided, uploaded, submitted, or otherwise shared by you or on your behalf to us through your registered account or by any other authorized means. Such Artwork may be used by us for the purposes of distribution, sale, marketing, promotion, storage, synchronization, print exploitation, download, transmission, hosting, caching, reproduction, display, advertising, communication to the public, and any other exploitation of the Digital Master(s) during the term of this Agreement. Any Artwork supplied by you or on your behalf in connection with the upload or delivery of the Digital Master(s) shall be deemed to form part of the licensed materials under this Agreement and shall remain subject to the terms and conditions herein.
   • “Metadata” shall mean all descriptive, technical, commercial, and identifying information relating to each Digital Master, including but not limited to: track title, album title, artist name, featured artist name, genre, language, composer, lyricist, songwriter, publisher, copyright information, label name, ISRC and UPC identifiers, explicit content designation, release date, original release date, territories available for release, pricing information, artwork credits, biographical information, sales data, promotional information, and any other data customarily associated with the digital exploitation of sound recording(s).
   • “Term” shall mean the duration for which the digital master(s) are distributed, in accordance with the Subscription selected by you.
   • “Master Revenues” shall mean the net revenues received from the commercial exploitation of the Sound Recording(s).

2. OUR SERVICES
   • The Distributor shall provide digital distribution and related services to you (“Services”), which shall include the ingestion, processing, encoding, delivery, and making available of your Digital Master(s) on various digital stores, streaming platforms, and other exploitation channels (collectively, “Platforms”) within the Territory, in accordance with this Agreement and the subscription plan selected by you. The subscription plans are specified in Annexure-B and detailed on our website.
   • As part of the Services, the Distributor shall enable you to upload your Digital Master(s) through your registered account and shall use commercially reasonable efforts to process and deliver such Digital Master(s) to the relevant Platforms. You acknowledge that all delivery and release timelines are subject to the technical requirements, ingestion processes, and review timelines of the respective Platforms.
   • We enable you to upload your digital master(s) of your sound recording(s), including musical compositions, literary works or vocals, or any other intellectual property embodied therein (collectively referred to as “Digital Master(s)”), through your registered account for the distribution of your digital master(s) through the various digital stores, which shall be provided to you in accordance with the Subscription chosen by you.
   • As a part of our services, we will automatically generate unique identifying codes (UPC and ISRC codes) for each Digital Master(s). However, if you have an ISRC and/or UPC code prior to this Agreement, then you shall be responsible for providing us with the same. It is hereby clarified that once an ISRC and/or UPC is generated by us or provided by you, such code(s) shall remain final and shall not be altered, modified, or replaced by us under any circumstances.
   • Subject to the subscription plan selected by you, the Distributor may enable monetization of your Digital Master(s) on Platforms, including the collection of revenues, ad-supported monetization, and other platform-specific monetization features, all of which shall remain subject to the terms, policies, and approvals of the relevant Platforms. The Distributor shall also provide access to reports and/or statements reflecting the performance and revenues (if applicable) generated from your Digital Master(s), subject to the availability of such data from the Platforms. The Distributor reserves the right to revise, modify and/or amend any statements, reports or accountings if incorrect, incomplete or missing information, data or reporting is received from the DSPs.
   • The Caller Ring Back Tone services (“CRBT”) and any other additional services shall be made available to you subject to the subscription plan selected by you. In the event you opt to avail CRBT services, you acknowledge that the distribution of your Digital Master(s) to the relevant CRBT platforms shall be undertaken in accordance with the applicable technical requirements, processes, and timelines of such platforms, and may take a reasonable period of time. You further acknowledge and agree that such distribution is subject to the policies, review processes, and approvals of the concerned CRBT platforms, and accordingly, we do not warrant or guarantee any specific timeline for the availability or activation of your Digital Master(s) on such platforms. It is further clarified that once you have provided the caller tune or ring back tone timing specifications, and the relevant Digital Master(s) have been made available on the concerned CRBT platforms, the same shall not be altered, modified, or replaced thereafter.
   • You hereby agree and acknowledge that in the event you have opted for our yearly services subscription module, we shall be responsible for the distribution and collection of revenues solely in respect of the Digital Master(s) delivered by you during the subsistence of the applicable yearly term. Our responsibility shall extend only to the Digital Master(s) previously delivered during such term and shall not apply to any future tracks or additional Digital Master(s), unless and until you renew the yearly services with us in accordance with the terms of this Agreement.
   • The Distributor may further provide catalogue management services, including takedown, re-delivery, or updates to Digital Master(s), subject to applicable processes, limitations, and/or additional charges, as may be specified from time to time.
   • The Services are subject to the technical requirements, ingestion processes, review policies, and timelines of third-party platforms, and we do not guarantee acceptance, timing of availability, continued hosting, or monetization of any Digital Master(s). We reserve the right to reject, suspend, or remove any Digital Master(s) that do not comply with applicable technical, legal, or platform requirements. Further, the provision of Services is dependent on the accuracy and completeness of the materials and metadata provided by you, and any delays or failures arising from incorrect or incomplete submissions shall not be attributable to us.
   • The Distributor reserves the right to reject, suspend, or remove any Digital Master(s) from distribution in the event such content does not comply with applicable technical requirements, platform policies, this Agreement, or applicable law, or if required by any competent authority.

3. DISTRIBUTION REQUIREMENTS
   • We currently accept Digital Masters in WAV and MP3 format. For the purposes of the requirements of the digital stores that may be conveyed to us, we reserve the right to convert audio files of the Digital Masters. Furthermore, we may ask for different formats or file sizes from time to time during the term of the agreement for the purposes of distribution of the Agreement.
   • When uploading each Digital Master(s), you must provide Distributor with all the necessary metadata (defined above), including cover artwork (jpg and png format). Please note that the cover artwork should be provided to us with a size of up to 100 MB. Furthermore, you shall also indicate to us if the Digital Master(s) contain explicit content, so that such a digital store may tag it accordingly.
   • Once you have uploaded the Digital Master(s) through our account, you can delete it any time during the term of this Agreement.
   • In the event you have opted for our album distribution services, you acknowledge and agree that the track sequence selected and approved by you for the album shall be final. Once the album has gone live on the relevant platforms, such sequence shall not be altered, modified, or replaced under any circumstances.
   • You hereby agree and acknowledge that in the event you are entering into this Agreement through your own label and elect to avail the digital distribution services of ForeVision, ForeVision shall be credited in the P-Line and C-Line in respect of such Digital Master(s) for the purposes of such digital exploitation, if you have opted for ForeVision Pro and Yearly services. For the avoidance of doubt, you shall continue to retain all right, title, and interest in and to the Digital Masters and all intellectual property rights therein. However, in the event you opt for our CRBT+, yearly+, or album services, you shall be provided with the option to include your name and/or your label’s name in the P-Line and C-Line credits.
4. GRANT OF RIGHTS:
   • Subject to the terms of this Agreement, you hereby agree to appoint us as your Distributor on a non-exclusive, sub-licensable, transferable, worldwide basis for the sale, marketing, promotion and distribution, public performance, communication to the public, and reproduction of the Digital Masters delivered by you to us for exploitation on the selected digital stores. Such appointment shall include the right to communicate the Digital Masters to the public; to sub-license; reproduce; host; store; transmit; cache; publicly perform; convert; stream; enable downloads; digitize; sync; print; encode; make available; publish; and otherwise digitally exploit and electronically transmit the Digital Masters in any manner necessary for their commercial exploitation on the selected digital platforms. Please note that since you have granted us a non-exclusive right to distribute the Digital Master(s), you acknowledge and agree that you remain free to appoint other distributors for the same Digital Master(s). However, in the event that the same Digital Master(s) are delivered to or exploited through another distributor or platform, such multiple listings may result in conflicts, duplication, metadata discrepancies, content claims, revenue attribution issues, takedowns, or other platform-level complications. You further agree that we shall not be liable for any loss, delay, suspension, removal, demonetization, revenue misallocation, or other complications arising out of or in connection with such parallel or multiple distribution of the same Digital Master(s) through third parties.
   • Furthermore, you hereby grant to us and the selected digital stores a non-exclusive, sublicensable, worldwide licence to use, sell, promote, reproduce, display, publish, copy, communicate to the public, transmit, host, store, convert, sync, download, encode, adapt, integrate, digitally modify, and otherwise exploit your artwork, lyrics, metadata, biographical material, photographs, logos, text, statements, and any other materials delivered by you to us (collectively, the “Promotional Materials”), solely for the purposes of marketing, promotion, sale, distribution, and exploitation of the Digital Master(s) on the selected digital platforms. For the avoidance of doubt, such licence shall include the right to format, resize, crop, compress, translate, create thumbnails, excerpts, previews, and platform-specific adaptations of the Promotional Materials as may be required for technical, commercial, or compliance purposes, provided that no material alteration prejudicial to your reputation shall be made without your prior written consent.
   • You hereby agree and acknowledge, authorises us and Digital Store(s) to use the names, images, signatures, or any likeness biographical material, metadata shared by you including track and/or album name,  Artwork or any other material shared by you to us for marketing materials for the sale, promotion, marketing, sync, download, publicly perform, communicate to the public, reproduce, store, record, host, cache, encode, integrate, adapt, modify and advertising of the applicable Digital Master(s) which is offered for sale or other use under the terms of this Agreement (e.g., an artist or band name may be used in an informational purposes, such as textual displays or other informational passages, to identify and represent authorship, production credits, and performances of the applicable artist or band in connection with the authorized exploitation of applicable Digital Masters). You agree that Digital Store(s) and we shall have the unrestricted right to market, promote, and advertise the Digital Masters available for distribution for the purposes of fulfilling our distribution services. Nothing herein shall obligate us or any of the Digital Store(s) to actually exercise any rights granted under this Agreement.
   • You hereby agree to authorize third party and/or licensee of Us, which offer services in connection with the creation, use, and exploitation of Your Digital Master(s) for the “User Generated Content” embodying your Digital Master(s), including without limitation, YouTube, Facebook, Meta, and Instagram (collectively “UGC Services”). Without limit the foregoing, you hereby agree that we shall have the right to authorize the UGC Services in the following manner: (a) To synchronise and authorise others to synchronise your digital masters with visual images and/or combine excerpts of your Recordings with any series of still or moving images, either pre-capture, post-capture or as a live stream; (b) to use and include your Digital Masters and/or remixes of your Recordings in “Mix Content” which shall mean the combination of two (2) or more whole or partial audio-only tracks which may be harmonically, rhythmically or otherwise mixed, remixed, edited or mashed up; (c) to store, host, reformat, make on-demand streams of, and display your Recordings as have been embodied in user videos, “art tracks,” audio-only tracks (including remixes), label videos and Mix Content, and to make your Recordings available on and through the UGC Services, including without limitation, in embedded YouTube shorts; (d) to reproduce, distribute your Digital Master(s), to the extent necessary for the purpose of engaging in any of the foregoing activities, to collect all income from the foregoing activities, and to create reference files and fingerprints of the Recordings, and to store and use such files; (e) to grant the UGC Services all necessary rights to (and to pass through such rights to users as applicable) in connection to such Digital Master(s), in Google’s so-called “Audio Swap Library” (or any successor product thereto which is owned or controlled by Google) and similar “libraries” of the UGC Services, which consist of master recordings any of which users may add to their user videos and/or Mix Content, as applicable; and (f) display album artwork in association with audio-only tracks created in connection with the UGC Services. The UGC Services will also have the rights to: (AA) create so-called “art tracks” using your Digital Master(s); (BB) create reference files and fingerprints of your Digital Master(s); and (CC) use your Digital Master(s) in Facebook, Meta, Instagram properties that include musical emojis/stickers, video re-mix, send-a-lyric, virtual reality experiences, singalong with lyrics. “UGC Services” shall include all mirror and derivative sites, including mobile, all replacements or successor versions thereof, and all international versions thereof, and any features thereof made available to paying or non-paying users through application programming interfaces (or “apps,” as such term is commonly understood in the technology industry), and any other product, device or service (including mobile devices), including embeds and playback pages, capable of accessing the videos and audio-only tracks made available on or through the UGC Services websites, even if accessed through a means other than such websites.
   • You hereby acknowledge and agree that, during the Term and throughout the Territory, the Digital Stores and we shall have the right and licence to take all actions necessary or desirable to effectuate the rights granted under this Agreement and to distribute, exploit, and otherwise make available the Digital Master(s) and Materials in accordance with the terms hereof. Such rights shall include, without limitation, the right to store, host, cache, reproduce, format, convert, encode, adapt, edit (solely for technical or formatting purposes), transmit, communicate to the public, make available, publicly perform, and otherwise digitally exploit the Digital Master(s), artwork or any other Material(s) shared by you to us, as well as to comply with or give effect to our agreements with the Digital Stores, as such agreements may be amended from time to time during the Term. You further acknowledge and agree that Digital Stores may grant end users or customers certain usage rights in respect of the Digital Master(s), including rights that may survive the expiration or termination of this Agreement (including perpetual consumer-use rights), and you agree that neither we nor the Digital Stores shall be liable for such continued consumer access, provided that no new commercial exploitation shall be undertaken by us following termination, except as required for operational, accounting, or compliance purposes. As previously stated, we and/or the Digital Stores reserve the right, in our reasonable business judgment, to refuse, suspend, remove, or discontinue the distribution or exploitation of any Digital Master(s) or Materials, including content that has already been delivered to or made available on the Digital Stores. You shall be deemed to have reviewed and approved all artwork, photographs, biographical materials, metadata, and other information or materials supplied by you to us, and you represent and warrant that the same are accurate and do not infringe any third-party rights.
   • You acknowledge and agree that we shall not be liable for any unauthorized copying, reproduction, distribution, communication to the public, or other infringement of the Digital Master(s) committed by any end user or third party on or through the selected Digital Stores. Any such unauthorized acts shall constitute independent actions of such end users or third parties and shall not be attributable to us. Notwithstanding the foregoing, upon receiving written notice from you of any alleged infringement, we may use commercially reasonable efforts to assist you in addressing such infringement, including by coordinating with the relevant Digital Store in accordance with its applicable policies and procedures. For the avoidance of doubt, we shall not be obligated to initiate legal proceedings or incur material costs.
   • You hereby grant us a non-exclusive, worldwide, royalty-free licence during the Term to use, reproduce, display, publish, communicate to the public, and otherwise exploit the Digital Master(s), artwork, logos, metadata, photographs, name, signatures, voice, and any other materials shared by you (collectively, the “Materials/Likeness”) for the purposes of marketing, publicity, and promotion of the Digital Master(s) and our services, including without limitation on our website, social media platforms. For the avoidance of doubt, such use shall be limited to promotional and marketing purposes and shall not constitute a separate commercial exploitation of the Digital Master(s) independent of their distribution under this Agreement.
   • You reserve all rights and licenses not expressly granted to Us and the selected Digital Stores (s) hereunder.

5. YOUR OBLIGATIONS:
   • You shall be responsible for obtaining and paying for all or any necessary clearances, permissions, approvals, and authorizations required for the distribution, reproduction, communication to the public, display, public performance, and commercial exploitation of the Digital Master(s) and all related content, including without limitation the underlying musical works, lyrics, performances, samples, third-party materials, artwork, photographs, metadata, and any other materials shared by you to us (collectively, the “Content”), throughout the Territory and during the Term. However, in the event that Artist inadvertently fails to provide the correct metadata, then such data shall be rectified within 7-10 days, upon notification from Artist.
   • Your delivery and/or uploading of the Digital Master(s) and/or the Content shall constitute your absolute and unconditional representation and warranty that you have obtained and secured all rights, consents, licenses, approvals, and permissions necessary to enable us and the selected Digital Stores to sell, distribute, reproduce, communicate to the public, publicly perform, promote, monetize, and otherwise exploit the Digital Master(s) and Materials as contemplated under this Agreement. You further represent and warrant that such rights include all necessary permissions from composers, lyricists, performers, producers, session musicians, featured artists, authors, publishers, and any other contributors involved in the creation of the Digital Master(s), and that all underlying works embodied therein have been duly cleared. To the extent permitted under applicable law, you further warrant that all contributors have irrevocably waived, or have agreed not to assert, any and all so-called “moral rights” or similar rights (including rights of attribution and integrity) that may otherwise restrict or interfere with the exploitation of the Digital Master(s) and Materials in accordance with this Agreement.
   • Furthermore, you, shall be responsible to provide the timely payment (i) any and all royalties and other income due to artists, authors, co-authors, copyright owners, co-copyright owners, producers and other record royalty participants from sales or other uses of Digital Masters, (ii) all mechanical royalties payable to publishers and/or authors or co-authors of copyrighted musical compositions embodied in Digital Masters from sales or other uses of Digital Masters unless you have availed the services of split royalties from us, (iii) all payments that may be required under union, guild or other collective bargaining agreements applicable to You or third parties other than us  and (iv) any other royalties (including without limitation mechanical royalties), fees and/or sums payable with respect to the Digital Master(s) or Materials shared by You, including, without limitation, any royalties that may be required to be paid, pursuant to the applicable laws of any jurisdiction, as a result of authorized exploitations to us or the Digital Stores wherein your Digital Master(s) being distributed during the term (including, for purposes of clarity, the Compositions) for so-called performer’s rights, equitable remuneration rights or neighbouring rights, however characterized under local law.
   • If any portion of your Digital Master(s) now or in the future is administered in any territory (ies) by any PRO, you shall be responsible for notifying such third-party PRO(s) of this Agreement. You understand and acknowledge that we will not be making any such on your behalf or otherwise.
   • If you want to route a percentage of your earnings collected from us to another artist, co-author, copyright owners, co-copyright owners, producers, and other record labels (“Contributor”), then you shall be responsible to update, specify such a contributor, along with the allocated percentages, by using our Split Royalties Feature.
   • You are responsible for keeping yourself updated and compliant with platform policies, and under no circumstances shall the distributor be held accountable for this responsibility.
   • You hereby agree and acknowledge that you shall be solely responsible for the registration of your works with the relevant recognised and authorised copyright societies in which you are enrolled as an author, and for the collection of all authors’ royalties directly from such societies. You further agree that we shall have no obligation to register the underlying works on your behalf, nor to collect, administer, or account for any author royalties payable by such copyright societies, and that any such royalties shall be payable to you directly in accordance with the rules and regulations of the respective society.
   • You hereby agree that if you share with us AI-generated Digital Master(s), then such Digital Master(s) may be distributed, subject to it meets following criteria (a) such Digital Master(s) is unique in nature (b) it should not infringe rights of any third party(ies) (c) you have provided us with proper permissions and clearances.
   • You acknowledge and agree that we do not provide, and cannot be deemed to provide, any legal advice in connection with your obligations to any third party, including, without limitation, co-authors, performers, producers, publishers, copyright societies, or any other rights holders. Accordingly, you are strongly advised to seek independent legal counsel prior to entering into this Agreement and prior to delivering or uploading any Digital Master(s) or related Materials to our services. Your execution of this Agreement and/or uploading of any Digital Master(s) shall constitute your confirmation that you have either obtained such independent legal advice or voluntarily elected not to do so.

6. COMMISSION & PAYMENTS:
   • With respect to the distribution of your Digital Master(s), we shall credit to your account the revenues received by us from Digital Stores wherever the Digital Master(s) are distributed, subject to the deductions set out herein. Such revenues shall be credited after deduction of:

• any applicable PayPal fees or other payment processing charges (including those applicable to foreign users);
• any deductions, withholdings, or charges retained by the Digital Stores, including but not limited to taxes, tariffs, administrative fees, royalties, or payments made to third parties; and
• deduction of our commissions as outlined in Clause 6.3 of this Agreement.
  • You acknowledge and agree that we shall only be obligated to account for and remit revenues actually received by us. Further, if you are an Indian user registered with us, all payments due to you under this Agreement shall be remitted through recognised Indian banking channels, including NEFT, IMPS, or such other electronic transfer mechanisms as may be available from time to time.
  • In consideration of the Services rendered under this Agreement and subject to the subscription plan selected by you, we shall be entitled to deduct the following commissions from revenues generated from the exploitation of your Digital Master(s): (collectively referred to as the “Commission”)
• ten percent (10%) from audio distribution services;
• fifteen percent (15%) from YouTube Content ID, Music and Shorts services, and
• twenty percent (20%) from lyrics-related services; or
• where you have opted for free services, twenty percent (20%) from audio distribution services, twenty percent (20%) from YouTube Content ID, Music and Shorts services, and twenty percent (20%) from lyrics-related services.
  • You shall be solely responsible for providing accurate payment details, including any bank account details, and we shall not be liable for any delay, failure, or misdirection of payment arising from incorrect or incomplete information provided by you.
  • Once the payment has been credited to your account and has reached the threshold of Rs. 1000/-, then you will be able to withdraw the payments from your account at your discretion. You will be responsible for any bank fees or other charges related to such withdrawals. Any such payment that we will receive in foreign currency will be converted to Indian Rupees at either the same rate received by us or through the current spot exchange rate at the time of the transaction. We cannot offer any legal, tax, accounting, or other advice; please consult your own advisors regarding those matters.
  • You hereby agree and acknowledge that, as a condition precedent to the release of any payments, you shall be required to duly complete and submit the prescribed Know Your Customer (KYC) documentation in the event of your first withdrawal request. We reserve the right to withhold or delay the release of any amounts due to you until such KYC documentation and any supporting information or verification as may be required under applicable law or banking regulations have been satisfactorily completed. For the purposes of verification and compliance with applicable Know Your Customer (“KYC”) requirements, the concerned party shall provide such documents and information as may be reasonably required, including a copy of the Aadhaar Card, PAN Card, and bank account details, including a cancelled cheque, bank passbook or such other supporting documents as may be requested.
  • Furthermore, you hereby agree that we shall be entitled to rely on the payments and accounting received from the Digital Stores. Any objection relating to any accounting statement or any lawsuit arising therefrom must be made (and/or lawsuit commenced) no later than one (1) year after the date the statement is rendered, and you waive any longer statute of limitation that may be permitted by law. You shall have no right to inspect or audit our books and records, or those of Digital Stores.
  • You hereby agree and acknowledge that we make payments via PayPal for Non-Indian Users and for the Indian User through recognised Indian banking channels, including NEFT, IMPS, and may deduct fees incurred by us in remitting payment. During the term, we may change or add additional payment methods. Also, you shall be responsible for providing us with your active email ID for the purposes of establishing effective communication with you. Furthermore, subject to applicable law, we shall be entitled to deduct and withhold any taxes at source, as required under applicable regulations.
  • If we receive a claim or notice or reasonably suspect that any of your Digital Master(s) or Material shared by You, infringes any third party rights, violates this Agreement or any law, rules or regulations, that there is a dispute regarding the Digital Master (s) or Materials (including without limitation as to ownership or payment of monies), or that your activities involve misrepresentation, misconduct, deception, fraud, or other inappropriate conduct, then in addition to any other available rights and remedies, we may suspend or terminate our distribution services of your Digital Master(s) (subject to the notification specified hereinunder) and/or the Term of this Agreement and/or deduct payment of monies subject to the losses incurred by us. In case you wish to rectify your termination, then you shall be solely responsible for the verification of the same. Furthermore, in the event that the platform subsequently reverses or adjusts any amounts due to fraud, invalid activity, or reporting corrections, we reserve the right to adjust future payments or recover such amounts from you.
  • In the event that we incur or are charged any penalty, fine, withholding, deduction, or other financial liability by any Digital Store (including, without limitation, Spotify) arising out of or in connection with the use of artificial streaming methods, bots, or any fraudulent, manipulated, or artificial activity initiated by you or by any third party acting on your behalf, you shall be solely responsible for such amounts. Accordingly, we shall be entitled to deduct an amount equal to such penalty or charge (which may be USD 10 or more per instance, or such higher amount as imposed by the Digital Store), subject to our receipt of notice or confirmation of such penalty from the relevant Digital Store. Details of such deduction or liability shall be reflected in your dashboard and/or account statement.
  • Upon the confirmation from your end for withdrawal of the payment, we will release your amount within a timeline of 15 days from such receipt. In case of any issues faced by you, then such queries will be communicated by you to us at the email address: admin@forevisiondigital.com.

7. REFUND:
   • No refunds shall be applicable in respect of the subscription fees or the Commission payable to us. A refund shall only be processed in the event we fail to distribute your Digital Master(s) within thirty (30) days from the date of upload, unless we have communicated the reasons for such non-distribution to you. Any refund shall further be subject to our refund policy published on our website, as amended from time to time. Notwithstanding the foregoing, you shall not be entitled to any refund under the following circumstances: (Non – refundable categories)

• where you request a takedown after the Digital Master(s) have been uploaded and processed;
• where you cancel the subscription plan after purchase.
• where a third-party requests takedown of the Digital Master(s) on account of alleged infringement or violation of rights;
• where the Digital Master(s) is taken down due to lack of proper authorization, ownership, or necessary rights, including in relation to cover songs;
• In the event the sound recording(s) falls under any of the following categories:
• business, brand, corporate, or advertisement tunes;
• Happy Birthday tunes, name tunes, or other speciality tunes;
• meditation tracks or voice-over content for businesses or individuals;
• brand promotional or commercial content;
• content containing the names, likenesses, or references to celebrities or Very Very Important Persons (VVIPs) without requisite authorization;
• content containing objectionable, offensive, vulgar, sexually explicit, or inappropriate words or expressions;
• current affairs or news-related content;
• prank or joke content;
• political content;
• corporate-use content; or
• any other promotional material or commercial-use content; and
• Language Restriction (Non-Indian Users): where the uploaded content of a non-Indian user is in a language other than English, provided that this restriction shall not apply to Indian regional languages.

8. TERM AND TERMINATION:
   • You agree that the term of this Agreement shall remain till your association with us for the distribution of your Digital Master(s).
   • In the event if you wish to suspend or terminate the services with us, then the same shall be communicated through our registered email id: admin@forevisiondigital.com. Upon the receipt of the suspension or termination from your end, we will cease the distribution of Your Digital Masters from the respective Digital Stores within the timelines specified by us to you through email.
   • In the event of any claim, allegation, notice, dispute, fraud, misrepresentation, copyright strike, takedown request, copyright infringement, artificial streaming, or other complaint received from any Digital Store, rights holder, third party, or authority in relation to the Digital Master(s) or Materials delivered by you, we shall not be liable for the same. Upon receipt of such a claim or notice, we shall promptly notify you using the contact details available in your account. You shall, within two (2) days from receipt of such notification, provide a complete written response along with all supporting documentation necessary to address or dispute the claim. In the event that you fail to provide an adequate response within the stipulated time, or fail to respond altogether, or if the claim is determined (by the relevant Digital Store or competent authority) to be valid, fraudulent, misleading, or attributable to your acts or omissions, we shall be entitled, at our sole discretion and subject to the severity of the matter, to: (a) suspend or remove the affected Digital Master(s), (b) deduct any royalties or revenues payable to you, subject to the severity of the claim; (c) Take down or remove the Digital Master(s) from the selected digital store(s), (d) terminate this Agreement in accordance with its terms. Such withholding or suspension shall continue until the matter is resolved to our reasonable satisfaction.

9. RENEWAL:
   • In the event you have opted for our yearly subscription services, you acknowledge and agree that such services shall expire upon completion of the applicable subscription term. For the avoidance of doubt, no automatic renewal or extension shall apply. However, all Digital Master(s) uploaded prior to the expiry of the subscription term shall continue to be distributed by us unless you request withdrawal of such Digital Master(s) from our services in accordance with this Agreement.
   • In the event you wish to renew the yearly subscription services, such renewal shall be subject to your confirmation through your dashboard or pursuant to any renewal communication sent by us following the expiry of the applicable subscription term. Upon such confirmation and renewal, the terms and conditions of this Agreement shall continue to apply to you and the renewed services.
   • In respect of any other services opted for by you, you acknowledge and agree that such services shall remain valid only for the specific subscription term applicable to such services. For the avoidance of doubt, all Digital Master(s) uploaded prior to the expiry of such term shall continue to be distributed by us unless you request withdrawal of such Digital Master(s) from our services in accordance with this Agreement.

10. OWNERSHIP:
    • As between the Parties, all right, title and interest in and to (i) Your ‘s Digital Master(s) and Artworks, (ii) all copyrights and equivalent rights embodied therein, and (iii) all materials furnished by You, except as to any rights of us (whether pre-existing or under this Agreement), shall remain the exclusive property of You, it being understood that under no circumstances you shall have any lesser rights than it would have as a member of the public. You hereby authorise and grant us a non-exclusive, sub-licensable, worldwide license of the digital master(s) track for the purpose of distribution, sale, market, promotion, store, reproducing, hosting, transmitting, and caching.

11. INDEMNIFICATION AND LIMITATION OF LIABILITY:
    • You will indemnify, defend and hold harmless, to Us and your selected Digital Store(s) and affiliates (and their respective directors, officers and employees) from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of a claim by a third party by reason of: (i) a breach of any warranty, representation, covenant or obligation by committed by You under this Agreement; (ii) If Digital Master(s) Artwork, Metadata or any other materials shared by you to us violates or infringes the rights of another party. You hereby agree to reimburse us and the selected Digital Store(s) and affiliates on demand for any actual payments made in resolution of any liability or claim violated by You.  You may assume control of the defence of such a claim. We may participate in the defence of such proceedings, subject to our sole discretion. Pending final determination of any claim involving such alleged breach or failure, we may withhold sums due hereunder in an amount reasonably related to the amount of such claim. You shall have the right to participate in the defence of any action instituted on a claim for which You are responsible to indemnify us using counsel chosen by you at your own expense.
    • You represents and warrants that you  have  the full authority to act on behalf of any and all owners of any right, title and interest in connection to the Digital Master(s)  ,artwork, or any other material shared by you; and You have  full authority to enter into this Agreement and to fully perform its obligations hereunder and has obtained all necessary third party consents, licenses and permissions necessary to enter into and fully perform its obligations herein; that it owns or controls the necessary rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions by the other party hereto shall not violate or infringe the rights of any third party; that it shall not act in any manner which conflicts or interferes with any existing commitment or obligation of such party, and that no agreement previously entered into by such party will interfere with such party’s performance of its obligations under this Agreement.
    • The warranties and indemnifications herein shall survive the termination of this agreement.

12. REPRESENTATION AND WARRANTIES
    • You hereby represent and warrant to us that:

• You are at least eighteen (18) years of age and possess the legal capacity, right and authority to enter into and perform your obligations under this Agreement; provided that, if you are below the age of eighteen (18) years, this Agreement shall be entered into through your parent or lawful guardian, who shall consent to and be bound by the terms of this Agreement on your behalf.
• you own or are otherwise fully vested of the necessary copyrights and other rights in order to make the grant of rights, licenses and permissions herein, and that the exercise of such rights, licenses and permissions by Us, your selected Digital Stores, and our and their respective permitted successors and assigns shall not violate or infringe any applicable law, rule or regulation or the rights of any third party;
• You have secured all third-party grants of rights, consents, licenses, and permissions necessary, including, without limitation, mechanical, synchronization, and any other licenses from copyright owners or proprietors, to grant all rights and licenses and otherwise fully perform all obligations hereunder, and shall make all payments and otherwise comply with all of your obligations under this Agreement;
• Your Digital Master(s) and Materials shared with us, including, do not and will not affect the authorized use thereof by us, Digital Stores and their Customers shall not, infringe any copyright, trademark or other intellectual property or other rights (including without limitation rights of publicity, privacy or moral rights), of any third party, or violate any applicable treaty, statute, law, order, rule or regulation;
• The files in connection with your Digital Master(s) and Materials shared by us that you upload or otherwise provide to us do not and will not contain any bugs, viruses, Trojan horses, or other defects or harmful elements or digital rights management restrictions;
• there are no actual or threatened claims, litigation, administrative proceedings or other actions regarding your Digital Master(s) or Materials or otherwise adverse to full exploitation of all rights and licenses granted hereunder;
• all data, metadata, and information provided by you under or in connection with this Agreement is and will be true, accurate, and complete, and you agree to update the same promptly as necessary during the Term;
• you will hereby agree and acknowledge that we will not be responsible for any payments other than those specified in this Agreement;
• you will use the Site and Service only in accordance with this Agreement and not for any fraudulent, infringing or inappropriate purposes;
• any sale, assignment, transfer, mortgage or other grant of rights in or to your interest in any of the Digital Master(s) or Materials shall be subject to our rights hereunder and the terms and conditions hereof;
• there is no existing agreement, and you will not enter into any agreement or perform any act, which materially interferes or is inconsistent with the rights granted to us hereunder;
• you covenant and agree not to make any claim or bring any legal action related to this Agreement, against any Digital Store or UGC Service, so long as such entities are not in violation of the rights you have granted to us hereunder;
• You have read and understand this Agreement and have had the opportunity to consult with independent legal counsel in connection with it.

13. NO WARRANTIES AND LIMITATION OF LIABILITY
    • YOU HEREBY AGREE AND ACKNOWLEDGE THAT THE SITE AND SERVICE ARE OFFERED AND PROVIDED TO YOU AS-IS. WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION AS TO THE AMOUNT OF INCOME THAT MAY BE EARNED BY OR PAYABLE TO YOU HEREUNDER, OR AS TO THE CONDITION, QUALITY, CONTINUITY OF OPERATION, PERFORMANCE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF OUR SITE OR SERVICE. WE DO NOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE OR SERVICE WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, OR SECURE. ANY AND ALL WARRANTIES ARE EXPRESSLY DISCLAIMED AND EXCLUDED. ADDITIONALLY, IN CONNECTION WITH WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THAT ALL MUSIC SERVICES AND STREAMING SERVICES WILL CROSS-REFERENCE THEIR MUSIC LIBRARIES AND UPLOADS WITH OUR DATABASE OR THAT OF ANY ID SERVICE, OR THAT OUR SECURITY MEASURES WILL IDENTIFY ALL UNAUTHORIZED UPLOADS OF CONTENT ON ANY SERVICE OR PLATFORM.
    • TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER US NOR ANY OF ITS AFFILIATES, EMPLOYEES, OWNERS, REPRESENTATIVES OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOST SALES, LOSS OF DATA OR LOSS OF GOODWILL, FOR ANY ACTS OR OMISSIONS OF DIGITAL STORES OR THEIR CUSTOMERS, ID SERVICES, OR FOR YOUR USE OF OR ACCESS TO THE SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL WE PROVIDE AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT EXCEED THE SUMS ACTUALLY DUE TO YOU IN ACCORDANCE WITH THIS AGREEMENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE AGREEMENT BETWEEN US AND YOU.

14. GENERAL PROVISIONS:
    • ENTIRE AGREEMENT: This Agreement, together with our Privacy Policy applicable to our Site generally, contains the parties’ entire understanding and supersedes any prior or contemporaneous correspondence, agreements or understandings regarding the subject matter herein. We may amend the terms of this Agreement from time to time, in which case we will notify you by changing the date at the top of this Agreement (so please be sure to check back often) or via e-mail or by notice to your dashboard on the Site. You must terminate your account if you do not agree to the revised Agreement; your continued use of the Site or Service will be deemed your acceptance.
    • NO AGENCY OR JOINT VENTURE: The parties agree and acknowledge that the relationship between the parties is that of independent contractors. This Agreement shall not be deemed to create a partnership or joint venture, and neither party is the other’s agent, partner, employee, or representative.
    • BINDING ON SUCCESSORS: This Agreement shall be binding on the assigns, heirs, executors, personal representatives, administrators, and successors (whether through merger, operation of law, or otherwise) of the parties.
    • NOTICES: Any notice, approval, request, authorization, direction, or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes. For every Action which is not included in this agreement, both parties shall serve a Notice to the other Party with the prior 7 days intimation. Any notices or deliveries required herein shall be deemed completed when hand-delivered, delivered by agent, or placed in the Indian Mail, postage prepaid, to the parties at the addresses listed herein. In case of the email. It shall be deemed completed from the date such notice has been communicated to the other party via email.
    • CURE: If either party hereto alleges that the other has breached this agreement, they must notify the other party in writing of such breach, and then the other party shall have a period of forty-five (45) days to cure such breach unless otherwise expressly mentioned in this Agreement.
    • VERIFICATION: We shall verify the authenticity of the Digital Master(s) and recording, and only after being satisfied with its authenticity, we will accept it and begin distribution within a reasonable time.
    • ACT OF GOD: It is mutually agreed that neither party shall be responsible for any provision in this contract when prevented from complying with a contractual provision due to any Act of God or any other legitimate condition beyond the control of the appropriate party.
    • ARBITRATION: In the event of a dispute between the Parties regarding the terms, construction or performance of this Agreement, such dispute shall be settled according to the rules of the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be Cooch Behar, West Bengal, India. The arbitration proceedings shall be conducted in the English language. The arbitral award rendered by the arbitrator shall be final and binding upon the Parties and may be enforced in any court of competent jurisdiction in the State of West Bengal. The costs of arbitration, including but not limited to the arbitrator’s fees, venue or conference room charges, and other administrative expenses, shall be borne equally by both Parties, unless otherwise determined by the arbitrator in the final award.
    • ATTORNEY’S FEES: In the event of any dispute arising out of this Agreement, each party shall bear its own attorneys’ fees and costs, unless otherwise awarded by a competent court or arbitral tribunal.
    • COVENANT OF GOOD FAITH AND FAIR DEALING: Both Parties agreed to perform their obligations under this Agreement, in all respects, in good faith.

ANNEXURE-A

DISTRIBUTION PLATFORMS

ANNEXURE-B

SUBSCRIPTION PLANS

The “Artist” or “Entity” acknowledge and agrees that the Distributor shall provide the following music distribution service plans, as may be selected by you from time to time:

1. Under the “FOREVISION SOCIAL” plan (FREE/Per Song), the Distributor shall distribute the relevant sound recording(s) on social media and short-form content platforms, including Facebook, Instagram, Triller, TikTok, Snapchat, and YouTube. You shall receive free ISRC and UPC codes, access to a royalty dashboard, unlimited artist profiles, and split royalty functionality for up to one hundred (100) collaborators. You shall be entitled to retain eighty percent (80%) of the royalties earned from such music exploitation. The distributed content shall remain live on the applicable platforms for the lifetime of the content without any renewal requirement.

2. Under the “FOREVISION PRO” plan, available at a fee of INR 499/- per song, the Distributor shall distribute the relevant sound recording(s) on Indian and international streaming platforms, YouTube, and lyrics platforms. You shall receive free ISRC and UPC codes, access to a royalty dashboard, unlimited artist profiles, and split royalty functionality for up to one hundred (100) collaborators. You shall retain ninety percent (90%) of streaming royalties and eighty-five percent (85%) of YouTube royalties derived from exploitation of the content. The Distributor shall endeavour to make the content live within four (4) to seven (7) business days from submission and approval of all required materials. The distributed content shall remain live for the lifetime without any renewal requirement.

3. Under the “FOREVISION CRBT+” plan, available at a fee of INR 699/- per song, the Distributor shall distribute the relevant sound recording(s) on Indian and international streaming platforms, YouTube, and lyrics platforms, and shall additionally facilitate caller tune availability on telecom networks, including Jio, Airtel, Vi, and BSNL. The plan shall further include custom C-Line and P-Line support, editorial playlisting support, free ISRC and UPC codes, access to a royalty dashboard, unlimited artist profiles, and split royalty functionality for up to one hundred (100) collaborators. You shall retain ninety percent (90%) of streaming royalties and eighty-five percent (85%) of YouTube royalties derived from exploitation of the content. The Distributor shall endeavour to make the content live within two (2) to three (3) business days from submission and approval of all required materials. The distributed content shall remain live for the lifetime of the content without any renewal requirement.

4. ForeVision Yearly Plan: Under the ForeVision Yearly Plan, available at a subscription fee of INR 2,599/- per year, the User shall be entitled to distribute unlimited tracks and/or albums during the applicable subscription period across Indian, international, YouTube and lyrics platforms. The plan includes free ISRC and UPC allocation, access to an advanced analytics dashboard, royalty dashboard, unlimited artist profiles, split royalty functionality for up to one hundred (100) collaborators, and YouTube Music and Content ID services. Content submitted under this plan shall generally be made live within four (4) to seven (7) business days. The User shall retain ninety percent (90%) of streaming royalties and eighty-five percent (85%) of YouTube royalties. Content distributed under this plan shall remain available on DSPs for lifetime without requiring any renewal for continued availability.

5. ForeVision Yearly+ Plan: Under the ForeVision Yearly+ Plan, available at a subscription fee of INR 3,299/- per year, the User shall be entitled to distribute unlimited tracks and/or albums during the applicable subscription period across Indian, international, YouTube and lyrics platforms. The plan includes free ISRC and UPC allocation, access to an advanced analytics dashboard, royalty dashboard, unlimited artist profiles, split royalty functionality for up to one hundred (100) collaborators, YouTube Music and Content ID services, caller tune services on Jio, Airtel, Vi and BSNL networks, custom C-Line and P-Line support, and editorial playlisting support. Content submitted under this plan shall generally be made live within two (2) to three (3) business days. The User shall retain ninety percent (90%) of streaming royalties and eighty-five percent (85%) of YouTube royalties. Content distributed under this plan shall remain available on DSPs for lifetime without requiring any renewal for continued availability.

6. ForeVision Album+ Plan: Under the ForeVision Album+ Plan, available at a fee of INR 999/- per album, the User shall be entitled to distribute albums, EPs and LPs across Indian, international, YouTube and lyrics platforms. The plan includes free ISRC and UPC allocation, access to an advanced analytics dashboard, royalty dashboard, unlimited artist profiles, split royalty functionality for up to one hundred (100) collaborators, YouTube Music and Content ID services, caller tune services on Jio, Airtel, Vi and BSNL networks, custom C-Line and P-Line support, and editorial playlisting support. Content submitted under this plan shall generally be made live within two (2) to three (3) business days. The User shall retain ninety percent (90%) of streaming royalties and eighty-five percent (85%) of YouTube royalties. Content distributed under this plan shall remain available on DSPs for lifetime without requiring any renewal for continued availability.

Please note: The Distributor reserves the right, at its sole discretion, to add, remove, discontinue, amend, modify, or otherwise restructure any subscription plan, module, feature, pricing, offering, or benefits associated therewith from time to time, with or without prior notice to You; provided however, that such modification shall not materially prejudice any ongoing services already paid for by You prior to such change.