Non-Exclusive contract

.SensAy

New member
Hey guys,
so I took the template contract from myflashstore and edited it abit so that i get royalties after someone exceeded the limit of 2000 copies and wanted to know if the contract works or if I could make it any better

THIS AGREEMENT, made and entered into on the %MFS_ORDER_DATE% serves as a legally binding contract between Tyron Selvan ("Licensor") and %MFS_CLIENT_NAME% ("Licensee"). This agreement grants the Licensee non-exclusive rights to the instrumental named "%MFS_BEAT_NAME%" ("Instrumental").

Master Recording

The Licensor hereby grants the Licensee the right to record vocal and/or instrumental synchronization to any or all parts of the Instrumental. The Licensee understands that their non-exclusive usage of the Instrumental is limited to one new composition and if the Licensee wishes to use the Instrumental in other new compositions, then the Licensee must obtain another license to use the Instrumental from the Licensor. The Licensee also agrees to refrain from editing the Instrumental that is being licensed in this agreement, by removing any melodies, instruments, drum programming or sounds that are contained within the Instrumental.

Profitable Distribution

The Licensee is limited to distributing one (1) version of the Master Recording for profitable use. If The Licensee exceeds the distribution limit of two thousand (2000) copies of the Master Recording, which can be distributed on any kind of recording media including, the Licensor has to be paid 50% in royalties with any money made in further sales.

Ownership

The Licensor maintains 100% full rights (copyright and ownership) of the instrumental, and can continue to sell it non-exclusively and/or exclusively. The Licensee has neither the right nor authority to sell or license the rights to the Instrumental whether in whole or part to any other party. In the event another individual purchases exclusive rights to your licensed Instrumental you will retain your non-exclusive rights under the limitations listed in this agreement and until these terms have been fulfilled.

Credit

The Licensee must give production credit to the Licensor for any and all distributed material. This can be done verbally (through recorded vocals on the Master Recording) or written in or on the CD booklet or outside cover. The Licensor reserves the right to keep an audio signature at the beginning of all non-exclusive instrumentals.


By receiving this contract via email, you automatically agree to the terms stated above and gain non-exclusive rights to the Instrumental.
 
Questions--

*"Any kind of recording media, including..." what?

*50% of what? (contracts need to be specific)

*Regarding credit, I would stipulate that a text credit ("produced by" or "featuring the music of") must be included in any hard copy/physical product version (including but not limited to CD, CD single, tape, Vinyl 12-inch, 10-inch, or 7-inch) and in the mega-data for any digital version (MP3 or other).

The above ideas should not be construed in any way as "legal advice."
 
Questions--

*"Any kind of recording media, including..." what?

*50% of what? (contracts need to be specific)

*Regarding credit, I would stipulate that a text credit ("produced by" or "featuring the music of") must be included in any hard copy/physical product version (including but not limited to CD, CD single, tape, Vinyl 12-inch, 10-inch, or 7-inch) and in the mega-data for any digital version (MP3 or other).

The above ideas should not be construed in any way as "legal advice."

Does this work?

Profitable Distribution
The Licensee is limited to distributing one (1) version of the Master Recording for profitable use. If The Licensee exceeds the distribution limit of two thousand (2000) copies of the Master Recording, which can be distributed on any kind of recording media. The Licensor has to be paid 50% of any money made after exceeding the distribution limit of two thousand (2000) copies of the Master Recording in royalties.
 
50% is a lot, btw. That may cause some contention there.
You have to be specific. "50% of gross sales of physical product." Or, "50% of net sales of physical product." Are you asking to be paid retroactively for the records sold prior to the 2000 copy mark? This is called a "royalties from 'record one'" clause and must be spelled-out specifically.

This is not legal advice.
 
Since mfs delivers this agreement after the payment is made definitely make this super clear on your site or you're probably gonna have issues.

From my experience, a lot cats who buy beats online would just rather cash you out then do a split. :cool:

So, if it were my contract I would just make it state that if the licensee exceeds the distribution limit then they have to buy another license.

Hope this helps.
 
OKay thanks do you know if people get a contract when they purchase the beat from my website because i put the HTML player from mfs on my site and if you want to buy a beat you get redirected to paypal immediately. And because the contracts I use are the ones from MFS they have these codes "%MFS_BEAT_NAME%" that would fill in their MFS name but since its my website idk what I could make that work if you get what I'm saying
 
You'll have to talk to someone at MFS to find out if the code is site specific or not.
 
OKay thanks do you know if people get a contract when they purchase the beat from my website because i put the HTML player from mfs on my site and if you want to buy a beat you get redirected to paypal immediately. And because the contracts I use are the ones from MFS they have these codes "%MFS_BEAT_NAME%" that would fill in their MFS name but since its my website idk what I could make that work if you get what I'm saying

Do yourself a favor and set one of your beats (a test file) for $.05 and buy it so you can see how the buying process works.

Or contact mfs to see if they have a demo cart where you can make a demo payment to see how it all works.

To answer your question: the mfs cart adds the "contract" to the download page, so after a customer buys a beat they get redirected to this page and are able to download the beats and the agreement.

Those variables "%MFS_BEAT_NAME%", "%MFS_BEAT_NAME%", etc. only work within the mfs cart.

So, If you place that code anywhere on your website - they will not work.
 
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