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These terms and conditions govern your use of Fresh Music Marketing’s Website, By accessing this website, you agree to comply with and be bound by these terms and conditions. If you do not agree with any part of these terms and conditions, please refrain from using Fresh Music Marketing.
IMPORTANT: IF YOU ARE SUBMITTING FOR SPONSORSHIP ON OUR CONTACT PAGE, BY SELECTING “I ACCEPT THE TERMS & CONDITIONS” YOU AGREE TO ENTER THE FOLLOWING CONTRACT IF YOU ARE ACCEPTED. PLEASE READ ALL PARTS AS THIS IS A LEGALLY BINDING AGREEMENT
This Agreement (“Agreement”) is entered into by and between United Catholic Media (“UCM”), Fresh Music Marketing (“FMM”), “[Content Creator]” (collectively, the “Parties”) about YouTube “The Platform”.
Please pay attention to #21 as it includes information about Instagram & Tik Tok royalties. No matter where you post, the rules of the agreement below apply.
2.1 Royalty Sharing: UCM and FMM agree to share up to 30% of the Net Music Royalties generated from videos posted by [Content Creator] that qualify under the royalty monetization rules of the Platform. The library used will determine which entity pays the royalties.
2.2 Platform Dependency: Royalty payments are based solely on statements and earnings reports provided by YouTube. Royalty payments can be based on demographics and many other factors UCM and FMM unfortunately cannot control. UCM and FMM cannot not be liable for discrepancies in Platform reporting, non-eligibility of videos, or changes in Platform policy that affect royalties.
2.3 Platform Reporting Delays: UCM and FMM unfortunately have no control over reporting delays by the Platform, which may take up to 2-3 months. Payment to [Content Creator] will occur after UCM or FMM receives final royalty reports from the Platform.
2.4 Payment Timing: UCM and FMM will use their best efforts to remit payment within 30 days of receiving Platform royalty statements. However, they do not guarantee a specific timeframe for payments simply due to Platform dependency.
2.5 Guarantee of Royalty Amount: There is no guarantee as to the amount or occurrence of royalties. Royalties are entirely dependent on Platform performance, compliance with Platform monetization rules, and the audibility of the music used in the video.
2.6 Tax Responsibilities: Each Party is responsible for their own taxes resulting from payments made under this Agreement. UCM and FMM are not responsible for withholding or remitting taxes on behalf of [Content Creator].
2.7 Definition of Net Music Royalties: Net Music Royalties are defined as total earnings from YouTube shorts for qualifying videos, less any Platform-imposed fees, deductions, or other costs such as Distribution cuts from Sony/Warner.
3.1 Content Ownership: [Content Creator] retains responsibility for their own Content, including its compliance with Platform rules, laws, and intellectual property rights.
3.2 Song Usage: Each video posted by [Content Creator] should include a song from either UCM’s or FMM’s library if applicable. Do NOT include other music on top of the audio or in the video. YouTube has strict guidelines when it comes to mixing audios.
3.3 Audibility Requirement for Royalties: To qualify for royalty sharing, the song used from UCM’s or FMM’s library must be audible in the video. Videos where the song is muted or not clearly audible are unfortunately not eligible for royalty payments.
4.1 Exclusive Relationship: [Content Creator] agrees to exclusively work with UCM and FMM when it comes to using the shorts music library in this way.
4.2 Competitors: [Content Creator] shall not create or post Content for any other company or entity offering similar services as UCM or FMM without written consent. This includes not featuring or promoting music from competitors.
5.1 Termination Rights: UCM and FMM value long-term partnerships and aim to foster mutually beneficial relationships. However, they reserve the right to terminate this Agreement at their discretion, at any time, and for any reason. In the event of termination: 5.1.1 Forfeiture of Future Royalties: While termination is not the desired outcome, should it become necessary, the [Content Creator] will forfeit rights to any future royalty payments. 5.1.2 Immediate Cessation of Obligations: Upon termination, UCM and FMM’s responsibilities under this Agreement, will cease immediately. The [Content Creator], however, will remain obligated to uphold essential terms such as confidentiality and non-disparagement, which are crucial for protecting the integrity and reputation of both parties.
5.1.3 Notice of Termination: In recognition of the collaborative nature of this Agreement, UCM and FMM will provide the [Content Creator] with a minimum of seven (7) days’ written notice prior to termination. This notice period is designed to offer both parties time to manage any outstanding obligations and to ensure a smooth transition. 5.1.4 If any of the rules described in this agreement are broken by the [Content Creator] they shall forfeit all rights to any payments owed. This is not the desired outcome for any party.
6.1 Indemnification: [Content Creator] agrees to indemnify, defend, and hold harmless UCM and FMM from any and all claims, damages, liabilities, costs, and expenses (including legal fees) arising out of: 6.1.1 Content: Content created or posted by [Content Creator], including third-party claims of copyright infringement or Platform policy violations. 6.1.2 Disputes: Any disputes regarding royalties, Content eligibility, or actions by third parties. 6.1.3 Legal Issues: Any legal issues resulting from the use of UCM’s or FMM’s music or intellectual property.
7.1 Content Responsibility: [Content Creator] is solely responsible for ensuring their Content complies with copyright laws, intellectual property rights, and Platform policies.
7.2 No Responsibility for Infringement: UCM and FMM shall not be liable for any copyright infringement claims related to [Content Creator]’s Content.
7.3 Indemnification for Copyright Issues: [Content Creator] agrees to indemnify UCM and FMM for any claims or liabilities arising from third-party copyright claims.
8.1 Waiver of Legal Actions: [Content Creator] agrees not to pursue any legal action or class action lawsuit against UCM or FMM for reasons including, but not limited to:
8.1.1 Royalty Disputes: Disputes over royalty payments.
8.1.2 Platform Issues: Issues related to Platform monetization or Content eligibility.
8.1.3 Platform Actions: Actions by social media Platforms, including account suspensions or terminations.
8.1.4 Third-Party Claims: Any third-party claims related to the Content produced or posted.
9.1 Exclusion of Liability: Neither UCM nor FMM shall be liable for:
9.1.1 Indirect Damages: Indirect, incidental, consequential, punitive, or special damages, including loss of earnings or business opportunities.
9.1.2 Third-Party Claims: Claims arising from third-party actions, including Platform decisions or copyright claims.
9.1.3 Platform Issues: Platform-related issues such as algorithm changes, policy updates, or Content/Profile removals.
10.1 Confidentiality: The Parties agree to maintain confidentiality regarding the terms of this Agreement and related business or financial information, except as required by law or for enforcement purposes. This includes protecting the confidentiality of any proprietary information, trade secrets, and business strategies.
11.1 Content Creator: [Content Creator] represents and warrants that all Content created will not infringe on third-party rights and will comply with all applicable laws, Platform policies, and intellectual property rights.
11.2 UCM and FMM: UCM and FMM represent and warrant that they have the rights to grant the royalty-sharing terms and provide the songs as outlined in this Agreement.
12.1 Immediate Termination: UCM and FMM may terminate this Agreement immediately if [Content Creator] breaches any material term, including but not limited to exclusivity or audibility requirements.
13.1 Non-Liability: Neither Party shall be liable for delays or failures to perform due to circumstances beyond their control, including but not limited to natural disasters, strikes, or acts of terrorism. Such events shall not constitute a breach of this Agreement.
14.1 Independent Contractors: This Agreement does not create an agency, partnership, or joint venture between the Parties. Each Party is an independent contractor and shall not be deemed an agent or representative of the other.
15.1 Song Removal: If a song from UCM’s or FMM’s library is removed from the Platform, UCM or FMM has no control over this matter and while they pay out royalties they receive, they cannot pay royalties they did not receive. They are not liable for future revenue loss due to such removals, and no further or pending payments will be made due to the removal of the song.
16.1 No Audit Rights: [Content Creator] has no right to audit, inspect, or access UCM’s or FMM’s financial records, royalty statements, or internal communications. Royalty payments are based solely on Platform statements, which are final and conclusive.
17.1 Non-Disparagement: [Content Creator] agrees not to make any statements or engage in any conduct that could disparage, defame, or criticize UCM, FMM, or their affiliates. This includes statements on social media, online reviews, or any public comments.
18.1 Exclusive Dispute Resolution: Any disputes or disagreements between [Content Creator] and UCM or FMM arising under or related to this Agreement shall be resolved exclusively between the Parties.
18.2 Final and Sole Decision Maker: UCM and FMM shall be the final and sole decision makers in any dispute resolution process. [Content Creator] agrees to abide by their final decisions, which are conclusive and binding on all Parties.
19.1 Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the United States.
20.1 Payment will be made usually through PayPal, and the [Content Creator] is responsible for ensuring they have active payment methods available to receive their share of the royalties. Additional payment methods may be adopted upon mutual agreement of all parties.
21.1 If you’ve been allowed to use these audios on Instagram or Tik Tok, you understand that these platforms do not give detailed reporting when it comes to royalty payouts per video and per user. You understand that FMM and UCM will do their best to pay you accurately, but this cannot be guaranteed. Therefore, you waive your right to receive royalties from Instagram or Tik Tok. If it is not possible for FMM or UCM to retrieve these reports, you agree that the maximum compensation you will receive is $.05 per video made.
Interpretation:
The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice, and all Agreements: “Client,” “You,” and “Your” refer to you, the person accessing this website and accepting Fresh Music Marketing’s terms and conditions. “The Company,” “Ourselves,” “We,” “Our,” and “Us” refer to Fresh Music Marketing. “Party,” “Parties,” or “Us,” refer to both the Client and ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of us. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Cookies:
We employ the use of cookies. By accessing Fresh Music Marketing, you agree to use cookies in agreement with Fresh Music Marketing’s Privacy Policy. Most interactive websites use cookies to retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
License:
Unless otherwise stated, Fresh Music Marketing and/or its licensors own the intellectual property rights for all material on Fresh Music Marketing. All intellectual property rights are reserved. You may access this from Fresh Music Marketing for your own personal use subject to restrictions set in these terms and conditions. You must not:
This Agreement shall begin on the date hereof. Our Terms and Conditions were created with the help of the Free Terms and Conditions Generator.
User-Generated Content:
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Fresh Music Marketing does not filter, edit, publish, or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of Fresh Music Marketing, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Fresh Music Marketing shall not be liable for the Comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Additional Terms and Conditions:
In addition to the aforementioned terms and conditions, by accessing Fresh Music Marketing, you further agree to the following:
Refunds:
You acknowledge and agree that Fresh Music Marketing does not offer refunds for any services rendered. All payments processed by Fresh Music Marketing are non-refundable. However, if there are extenuating circumstances, Fresh Music Marketing may, at its discretion, consider refund requests on a case-by-case basis.
Membership Charges:
By accepting these terms, you consent to Fresh Music Marketing’s right to continue charging you until you cancel your membership. It is your responsibility to terminate your membership to cease further charges. Membership charges are billed on a recurring basis according to the terms of the membership plan you have selected.
Results Guarantee:
You understand and accept that Fresh Music Marketing cannot guarantee specific results from its services. While we strive to achieve the best outcomes for our clients, success is contingent upon various factors beyond our control, including market conditions and individual artist circumstances. No guarantees are made regarding outcomes, and individual results may vary.
Legal Claims Waiver:
By accepting these terms, you forfeit your right to pursue legal claims or lawsuits against Fresh Music Marketing. This waiver encompasses all grievances, including dissatisfaction with services, lack of results, or any other disputes.
Song Takedown and Removals:
Fresh Music Marketing assumes no liability for any takedown or removal of songs from online platforms. While we endeavor to comply with platform guidelines and best practices, any such actions by third-party platforms are beyond our control. It is the responsibility of the client to ensure compliance with platform terms of service and copyright regulations.
Royalties Disclaimer:
Fresh Music Marketing cannot promise or guarantee any royalties or financial compensation resulting from its services. While we work diligently to promote our clients’ music and increase their exposure, the generation of royalties is subject to various factors, including streaming rates, listener engagement, and music industry trends.
No Expected Results:
You acknowledge that success is not guaranteed, and the outcome of any campaign is dependent on various factors, including the quality of your music, your engagement with our services, and external market conditions. While we strive to achieve optimal results for our clients, the success of any campaign is not predetermined, and individual experiences may vary.
Advertised Estimates on Reach/Expectations
The advertised expectations from the plans are not gaurenteed and are based off a yearly plan that has monthly payment installment. Marketing is never exact and therefore these expectations should not be considered real, or a promise.
Indemnification:
By accepting these terms, you release Fresh Music Marketing from any liability and agree to indemnify and hold us harmless from any claims, losses, or damages arising from your use of our services. You agree to defend, indemnify, and hold Fresh Music Marketing harmless from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to Fresh Music Marketing; (ii) your violation of any term of these terms and conditions; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these terms and conditions and your use of Fresh Music Marketing.
By accepting these terms, you acknowledge that you have read, understood, and agree to be bound by all of the terms and conditions set forth herein. If you do not agree to all of the terms and conditions, you must not use Fresh Music Marketing’s services.
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