Seller Artist Agreement
This Seller Artist Agreement (“Agreement”) is entered into by and between:
BeatStore.in, having its principal place of business at 318, Fortune 80, University Road, Udaipur, Rajasthan, India (hereinafter referred to as the "Company", which expression shall, unless repugnant to the context or meaning thereof, be deemed to include its successors, executors, and permitted assigns), of the First Part;
AND
The individual or entity registering as a Seller Artist on the Company’s web platform [https://beatstore.in] (hereinafter referred to as the "Seller Artist", which expression shall, unless repugnant to the subject or context, include its successors, executors and permitted assigns), of the Second Part.
In case the Seller Artist is a minor (below eighteen [18] years of age), this Agreement shall be entered into by their legal guardian on their behalf, and the Seller Artist shall be the sole beneficiary hereunder. The Seller Artist shall have the option to ratify the Agreement upon attaining the age of majority.
The First and Second Part may hereinafter be referred to individually as a “Party” and collectively as the “Parties”.
WHEREAS:
- The Seller Artist is engaged in the creation of Instrumentals (also known as Beats/Sound Kits);
- The Company owns and operates an online platform accessible via [https://beatstore.in] (“Webapp”), which provides a marketplace for Seller Artists to license their Instrumentals to registered buyer artists and enables free, non-commercial downloads.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and obligations herein, the Parties agree as follows:
DEFINITIONS
Instrumental / Beat: Refers to original music compositions (with or without vocals) uploaded by Seller Artists to the Webapp for licensing or free download.
Buyer Artist: A registered user of the Webapp (e.g., vocalist, rapper, brand, producer, etc.) who licenses or downloads Instrumentals via the Webapp.
License Agreement(s): The agreement(s) entered into between Seller Artist and Buyer Artist for licensing Instrumentals. These include:
- Free For Profit
- Non-Exclusive and
- Exclusive Rights licenses.
License Fee: The amount paid by the Buyer Artist to the Seller Artist for licensing an Instrumental.
Commission Fee: The fee payable by the Seller Artist to the Company, calculated as a percentage (default: 10%) of the License Fee, unless the Seller Artist subscribes to a Paid Plans, in which case the percentage may differ as per the plan.
Paid Subscription Plans: Monthly or yearly plans offered by the Company for Seller Artists (e.g., Premium Plan) with additional benefits and reduced or waived Commission Fees.
Technical Assistance: Support provided by the Company for uploading or managing Instrumentals on the Webapp (excluding issues caused by the Seller Artist’s own hardware/software).
Payment Gateway Charges: Charges incurred for processing online transactions, passed through or deducted by the Company.
User: Any individual/entity accessing or registered on the Webapp, including Seller Artists and Buyer Artists.
REPRESENTATIONS AND WARRANTIES
- Each Party affirms they have the legal authority and capacity to enter into this Agreement.
- The Seller Artist represents and warrants that all uploaded Instrumentals are original and do not infringe upon the rights of any third party. If samples or third-party content are used, appropriate permissions and credits must be obtained and disclosed at upload.
- The Seller Artist agrees that BeatStore.in is not liable for any infringement arising from unlicensed samples or third-party content.
- The Seller Artist remains solely responsible for information shared with Buyer Artists and agrees to provide accurate metadata and licensing details.
- The Parties agree to maintain professionalism and avoid actions that may damage the reputation of the other Party.
- The Company acts only as a facilitator and is not a party to any License Agreement between the Seller Artist and Buyer Artist.
GENERAL TERMS
- This Agreement becomes effective upon registration of the Seller Artist on the Webapp and remains binding unless terminated in accordance with the Terms and Conditions of the platform.
- The Seller Artist agrees to comply with the platform's Terms & Conditions, Privacy Policy, and any other applicable policies.
- The Company does not license Instrumentals directly, nor does it claim ownership over them.
- The Seller Artist retains full ownership and copyright of their Instrumentals.
- The Company is granted a non-exclusive, worldwide, royalty-free license to display, host, and distribute the Instrumentals for the purpose of facilitating sales and downloads through the Webapp.
- The Company may use the Seller Artist’s name, likeness, and Instrumentals for marketing and promotional activities. If the Seller Artist objects, they may notify the Company in writing, and such use shall cease within seven (7) calendar days of receiving the objection.
REPRESENTATIONS AND WARRANTIES
- The Seller Artist shall upload only original or properly licensed Instrumentals to the Webapp.
- The Seller Artist must complete the registration, verification, and profile setup process before any licensing activity.
- Any change to bank account details must be requested via info@beatstore.in, and processed by the Company within 5 working days.
- The Company reserves the right to approve or reject Seller profiles or uploaded Instrumentals based on verification of authenticity and accuracy of information.
BASIC ACCESS AND PAID SUBSCRIPTION PLANS
At BeatStore.in, Seller Artists are offered distinct subscription options that define the scope of access, features, and financial arrangements available through the Webapp. These subscription tiers—namely the Percentage Plan and Premium Plan are designed to meet different creative and business needs, while ensuring transparency in their respective offerings.
Under the Percentage plan, a Seller Artist is permitted to upload unlimited beats and unlimited cutomizable licenses to the Webapp. All license types outlined under this Agreement, including standard, exclusive, and custom agreements, may be offered by the Seller Artist within this plan. Basic insights related to track views, plays, and engagement shall be made available to support the Seller Artist in tracking their beat performance. Revenue generated from the licensing of these beats shall be split in such a way that ninty percent (90%) of the net income (excluding applicable taxes and payment gateway fees) is transferred to the Seller Artist, while ten percent (10%) is retained by BeatStore.in as its commission, excl gst.
The Premium Plan is a paid subscription tier that expands access and tools available to the Seller Artist. Subscribers under this plan shall be entitled to upload an unlimited number of beats on the Webapp. No commission shall be levied by BeatStore.in on revenue generated under this plan; the Seller Artist shall retain one hundred percent (100%) of their earnings, with the only deductions being the necessary transactional fees imposed by the payment processor or applicable taxes. Payouts will be processed through direct bank transfer, and it is the responsibility of the Seller Artist to provide accurate banking details to ensure seamless disbursement.
Premium Plan subscribers gain access to detailed analytical dashboards, offering insight into beat performance metrics such as listens, purchases, and visitor trends. Beats uploaded under this plan may be featured in curated editorial playlists at the discretion of BeatStore.in to increase visibility and reach.
Seller Artists may receive limited access to abandoned cart details for the purpose of re-engaging potential customers. They are permitted to send messages and discount coupons through our platform interface. However, no personal user information, including email addresses or other identifiable data, is disclosed to Seller Artists. Any attempt to misuse the engagement tools or circumvent platform restrictions shall constitute a breach of this Agreement.
Premium Plan subscribers are distinguished with a Crown icon to reflect their status. The Blue Tick badge, however, is reserved exclusively for popular sellers who meet specific performance and credibility criteria. Pricing autonomy is retained by the Seller Artist, though BeatStore.in may offer suggested pricing tiers to assist in maintaining market consistency. Features such as Auto-fill allow for repeated use of previously selected attributes—genres, pricing, tags, etc.—streamlining the upload process for active users. Premium Plan subscribers are further permitted to offer custom licensing terms and make use of Coupon Enrollment features to generate promotional codes aimed at driving sales and engagement. Access to performance-based KPIs is also provided to assist in strategic improvements.
In cases where the Seller Artist completes transactions with clients independently and outside the licensing system of BeatStore.in, they shall remain solely liable for honoring and managing those agreements. BeatStore.in shall bear no responsibility or legal obligation toward such independently executed transactions.
Premium subscribers may choose to enroll in the Beat Placement Service offered by BeatStore.in. This optional service involves the Company promoting Seller Artist beats to established or high-profile artists with the intention of negotiating custom placements. In the event of a successful placement, BeatStore.in shall be entitled to a minimum commission of twenty percent (20%) of the final licensing fee, subject to variation through mutual agreement depending on the terms of each specific deal. By enrolling in this service, Seller Artists grant BeatStore.in permission to proactively share and distribute their beats without requiring separate consent for each potential placement opportunity.
While BeatStore.in commits to a good-faith effort in facilitating such placements, it does not guarantee their occurrence, and no refund shall be issued if placement is not achieved. When placements do occur, BeatStore.in will provide necessary legal support, including but not limited to, negotiating terms, formalizing agreements, and ensuring contractual compliance.
Seller Artists may also receive event-based email notifications—for example, when a beat is downloaded in MP3 format or when a cart is abandoned by a Buyer Artist. These notifications are intended for improving sales opportunities and engagement, and must not be used for unsolicited or spam messaging. Unauthorized or unethical use of these features may lead to suspension or termination of the Seller Artist’s account.
BeatStore.in reserves the right to update, modify, add, or remove any features associated with the Premium and Pro Exclusive Plans without prior notice. All such modifications shall take immediate effect upon publication on the Webapp. No refunds shall be issued for any partial usage of paid plans. Upgrades from Premium to Pro Exclusive Plans are permissible for Seller Artists with annual subscriptions. In such cases, the Seller Artist must only pay the remaining differential fee for the upgraded duration; however, any previously paid subscription fees shall remain non-refundable.
For support, clarifications, or inquiries related to subscription plans and their features, Seller Artists may contact the BeatStore.in support team at info@beatstore.in.
PAYMENTS AND COMMERCIAL TERMS
It is understood by the Seller Artist that BeatStore.in (hereinafter referred to as "the Company") operates a ‘Beat Marketplace’ through its web application (hereinafter referred to as "Webapp") where the Seller Artist can license their Instrumentals to Buyer Artists through License Agreements. The Seller Artist acknowledges that the Company offers a range of Services on the Webapp—some free-of-charge and others accessible via paid subscription plans.
Accordingly, the Parties agree as follows:
License Fee
Upon registration on the Webapp, the Seller Artist is permitted to upload Instrumentals for licensing to Buyer Artists. The License Fee shall be paid by the Buyer Artist to the Seller Artist under a License Agreement.Commission
Unless the Seller Artist has subscribed to a paid subscription plans, they agree to pay the Company a Commission on the License Fee.Gateway Fee
All Seller Artists, regardless of Subscription Plan, shall bear the payment processing Gateway Fee (inclusive of taxes). This Fee is distinct from and does not include the Commission.
In the event of payment-related issues with Subscription Plans, the Seller Artist may manually renew their subscription or update payment details via the Webapp. If technical difficulties persist, the Seller Artist may reach out to the Company at info@beatstore.in.
The Seller Artist acknowledges that they are solely responsible for invoice management concerning their licensed Instrumentals.
The Company will generate a downloadable Payment Receipt for the Buyer Artist once payment has been successfully made.
Buyer Artists may request an Invoice for their License Fee payment. The Seller Artist is obligated to provide this Invoice to the Company, so it may be made available to the requesting Buyer Artist.
The Seller Artist is fully responsible for the accuracy of their bank account details shared with the Company. If incorrect details lead to misdirected payments, the Company shall bear no responsibility for the error or its recovery, as payments are processed through third-party gateways (e.g., Razorpay). It is the Seller Artist’s duty to regularly ensure the accuracy of their banking information.
RIGHT TO USE
By accepting this Agreement, the Seller Artist is granted usage rights for the Webapp as per their chosen Subscription Plan. This Agreement does not grant the Seller Artist any ownership rights over the Webapp.
ACCEPTANCE
The Parties agree to abide by this Agreement in good faith and with mutual respect.
WAIVER
Any waiver of rights or terms herein will not be considered a waiver of any other term or future application of the same term.
The Seller Artist agrees not to dispute any consented amendments made to this Agreement.
FORCE MAJEURE
Neither Party shall be held liable for failure to fulfill obligations due to events beyond their control, including natural disasters, pandemics, legal restrictions, or technical failures. Notification must be made in writing within 15 days of such an event.
NON-DISPARAGEMENT
The Seller Artist and the Company agree not to make any defamatory or disparaging remarks about each other, unless legally required.
VALIDITY
This Agreement remains valid unless:
- The Seller Artist deletes their account.
- The Company deletes the Seller Artist’s account due to a material breach that is unrectifiable.
If a breach occurs:
- The account may be suspended without notice.
- Suspension continues until resolved or disproven within 30 days.
- If the breach is not rectified within 3 days or is unrectifiable, the Agreement will be terminated and the account deleted.
Instrumentals uploaded by the Seller Artist will be hidden during suspension and permanently deleted upon termination.
The Seller Artist shall not be entitled to any refund in case of suspension, termination, or deletion.
ASSIGNMENT
This Agreement is non-transferable and non-assignable.
BINDING NATURE
This Agreement is binding upon both Parties.
SEVERABILITY
If any clause is found unenforceable, the remaining Agreement remains valid. Any unenforceable provision shall be replaced by a valid one closest in meaning.
ENTIRE AGREEMENT
This document supersedes all previous communications and represents the entire understanding between the Parties. Amendments must be made in writing and accepted digitally by both Parties.
INDEMNITY
The Seller Artist agrees to indemnify BeatStore.in and its affiliates against claims arising from their actions, legal violations, or breaches.
Conversely, BeatStore.in agrees to indemnify the Seller Artist against third-party claims resulting from the Company’s legal violations.
NOTICES
All communication must be in writing and can be sent via:
Email (preferred):
- Company: info@beatstore.in
- Seller Artist: As per details provided during sign-up
Postal Mail:
- Company Address: As listed with the Ministry of Corporate Affairs or as updated by BeatStore.in
Both Parties declare their contact details to be correct and valid.
GOVERNING LAW AND DISPUTE RESOLUTION
Disputes shall be attempted to be resolved amicably. Failing resolution within 30 days, the matter will be settled by arbitration under the Arbitration & Conciliation Act, 1996, in Rajasthan, India, in English/Hindi.
The arbitration decision will be final. Each Party will bear its own legal costs.
Legal proceedings, including arbitration, shall be subject to the exclusive jurisdiction of Rajasthan courts.
The Company retains the right to initiate criminal proceedings in cases of fraud, forgery, or criminal misconduct by the Seller Artist.
AMENDMENT OF THE AGREEMENT
BeatStore.in may update this Agreement at its discretion. Such changes will be uploaded to the Webapp and deemed effective immediately.
The Seller Artist is expected to review the Agreement regularly. Continued use of the Webapp implies acceptance. If not agreed upon, the Seller Artist may delete their account.
MISCELLANEOUS
- BeatStore.in does not manage or track royalty collection for any Subscription Plan.
- Also BeatStore.in do not manage any copyrights or Artist Seller Instrumentals
- Seller Artists will receive the Buyer Artist’s name and email (if shared by the Buyer) for completed orders.
- For bank/account detail changes, contact info@beatstore.in.
- Seller Artists may choose to use Coupons created by BeatStore.in. Customization may not be available.
IN WITNESS WHEREOF
This Agreement is an electronic record under Indian law. It becomes binding once the Seller Artist clicks on the ‘Submit and Agree’ checkbox during registration on BeatStore.in. No physical or digital signatures are required.