Terms and conditions
of use

Version of these General Distribution Conditions: 24/03/2021

ARTICLE 1 - Definitions

Digital platform: Any website, web or mobile application, allowing the referencing, online listening or downloading of sound creations.

Digital distribution: Provision on digital platforms of the titles provided to Kick Label for the purpose of online or downloadable listening via the Internet.

Original creation: Work of the mind consisting of musical composition, lyrics, voices, sounds and/or sound effects that have never been publicly broadcast by another party.

Artist: Individual or group of individuals performing under a stage name.

Dashboard: Secure website interface allowing the Artist to publish their musical works and have an overview of their performance as well as the royalties generated on a daily basis.

MasterCard card: MasterCard bank card provided by Kick Label to the Artist, allowing them to withdraw cash, make payments in stores or online with their royalties, and whose balance is visible on the Dashboard.

Royalties: Income earned through music performances (streaming listens and title purchases) made from various platforms.Takedown: Removal of titles from one or more digital platforms.

ARTICLE 2 - Assignment of Digital Distribution Rights

As part of its promotion, the Artist assigns to Kick Label all digital distribution rights to their original creations. The Artist may not assign these rights to any other third party without prior agreement from Kick Label. However, they may carry out any other distribution for self-promotion purposes in their own name. Kick Label agrees to distribute the original creations on its international digital platforms, the names of which will be communicated to the Artist later, in the event of acceptance of the creations into their catalog.

ARTICLE 3 - Distribution Costs

Kick Label will cover all distribution costs, as well as administrative and material needs necessary for the dissemination of the original creations on digital platforms.

ARTICLE 4 - Intellectual Property

The Artist retains full intellectual property rights to their original creations, including copyright.

ARTICLE 5 - Liability

The Artist acknowledges that they own all rights related to the creations submitted to Kick Label for distribution. Kick Label disclaims all liability in the event of a legal dispute brought by a third party, and therefore the Artist agrees to resolve any legal action taken against Kick Label. In the event of a violation of copyright on titles submitted by the Artist, Kick Label may remove all contentious content from the platforms without any compensation of any kind being payable.

ARTICLE 6 - Digital Platforms

Kick Label collaborates with the following digital platforms for the digital distribution of the provided tracks (non-exhaustive list): iTunes, Apple Music, Spotify, Deezer, Napster, Qobuz, Amazon Music, Tidal, Google Play, Pandora, Shazam, Youtube Music, etc. The tracks may be accepted or refused on one or several platforms according to their respective criteria. Therefore, Kick Label cannot guarantee visibility on a specific platform but will use all means at its disposal to distribute the tracks on as many platforms as possible.

ARTICLE 7 - Video Distribution

Kick Label is not responsible for the distribution of video content. As part of their promotion, the Artist reserves the right to distribute the video clips or audiovisual content related to their original creations.

ARTICLE 8 - Data Format

For quality reasons, original creations must be provided to Kick Label at least in 16-bit/44kHz WAV format, and preferably in 24-bit/48 or 96kHz WAV format. Kick Label reserves the right to refuse any recording that does not comply with these digital constraints. The Artist must also provide Kick Label with all information regarding the musical creations: stage name of the Artist, authors, composers, titles of each track as well as of the album or single, but also a cover in JPG format of at least 1080*1080 pixels, non-pixelated, indicating the stage name of the Artist as well as the title of the work, without any mention of commercial or promotional text or logo of brands.

ARTICLE 9 - Promotion

Kick Label reserves the right to use the media provided by the Artist (music tracks, images, etc.) for the purpose of promoting Kick Label and/or the Artist on social networks or websites.

ARTICLE 10 - Artificial Streams

Any manipulation of the number of streams by any means, including the use of scripts, robots, or intensive looped streaming that does not represent a model of organic or natural streaming, is strictly prohibited. Platforms that do not pay royalties for streams resulting from these abuses will not be reimbursed, and it may result in the removal of the tracks from all platforms.

ARTICLE 11 - Duration

This contract is valid until all of the Artist's tracks are removed from the platforms, either at the Artist's own initiative (takedown) or at Kick Label's initiative in case of non-compliance with the contractual conditions.

ARTICLE 12 - Artist Remuneration

In accordance with current laws on performance royalties, streams on digital platforms are subject to remuneration proportional to the number of plays (Performance Royalties). The Artist authorizes Kick Label to collect these royalties in order to pay them back to them. The remuneration rate for each stream is determined based on several criteria, including the country of the stream, the type of subscription (free, premium), the digital platform, etc. This rate is updated monthly based on the listening profile of the audience (Free subscription, Premium subscription, Country of streaming, etc.). Kick Label will retain a commission of 10% for management fees on the royalties collected for the Artist.

Article 13 - Disputes and Competent Court

Any dispute will be settled amicably before any legal proceedings. The competent court of jurisdiction is that of Madrid.

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