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V. Labels Subject to Partner Approval (Please read this section in its entirety)

Beatport.com and other partners will have to approve your label brand prior to adding content. With this said, you will not see Beatport.com and/or some partners on the “Stores” list until they do approve the label. Your brand may be denied at first, but this does not mean that Symphonic Distribution will not resubmit your brand for consideration upon request. Symphonic Distribution does not guarantee approval (as no distributor has the ability to grant approval) to any partner but we do guarantee that we will work as hard as possible to ensure your brand is live and communicate to you exactly what is needed for inclusion into a particular partner platform.

Suggestions for being accepted: Beatport.com and other partners must approve your label by reviewing a Soundcloud profile. We also recommend to 3-6 releases within the Content Portal before application is delivered and you may choose to hold the release (not submit) until approval to a particular store is granted. To further improve chances, Symphonic Distribution recommends that your material be distributed to partners in our network prior to your brand being submitted to partners requiring approval. If you do not have a Soundcloud page, please create one and upload at least 5 songs that our representatives at these partners can review.  Every month, we deliver a list of clients for consideration and if not approved, we will notify you and set you up for re-approval later.

Checklist for your Soundcloud Profile: - Ensure that your profile has at least 5 of the best songs you plan on releasing.  - Ensure that your profile has a client bio touching on the Clients’ future plans, artists, and releases. - If any artists are supporting the tunes of your Client, list them on the song title (IE: Supported by Artist)

Own The Rights Of Your Content! Partners will not accept songs for which you do not own the rights to. If you are discovered to be illegally selling music that is not owned and/or allowed to release, it may result in legal action and termination of your account from Symphonic Distribution as well as through these partners.

Sales Quota (Beatport): Historically, Beatport has had a sales quota for all record labels distributed. Their rules state that if your sales do not meet a quota of $500.00 gross per quarter, it may be reviewed and possibly cut from Beatport. Beatport may have the right to enforce or not enforce this rule at anytime thus Symphonic Distribution cannot guarantee you will remain on the partner platform if quota is not met or for any other reason as Beatport.com and any partner reserves the right to refuse any release and/or label they wish to refuse. Symphonic Distribution will provide the Client tools and resources to increase the chances of the Quota being received.

Transfer Limitation: If Client is not approved through Symphonic Distribution for any of the partner platforms, and/or is cut from a partner platform, Client may not engage in any other agreement whatsoever without written approval from Symphonic Distribution. Client would be in breach of contract and would be force to request a cancellation of agreement with the third party that signed the agreement with the Client. Symphonic Distribution reserves the right to deny any request presented to Symphonic Distribution pertaining to the Client’s brand within the term and 60 days after the term has concluded.

Release consistently: After you have become a client, we do recommend that you send 2-4 quality releases every single month. We understand it is difficult but the key to success (or an attempt to be successful) is to be consistent. In addition to being consistent, take pride in your work and brand and release quality material only. We recommend you contact at least 10 new producers daily via your Soundcloud profile to stock up on releases.

Promotion & Genre Specific: Using free social networks such as Facebook, Twitter, and Soundcloud can easily grow your presence and help you network with others. Symphonic’s independent research findings indicate that labels that ARE NOT genre specific generally do better in partners worldwide. Do not be afraid to release music in Dubstep, Breaks, House, Minimal, Tech House, Progressive House, and/or Drum & Bass to expand your reach.

Label Termination: Beatport.com and/or any other retailer holds the right to stop selling content from your label if they choose to. If this occurs, we will communicate the notice to you. Being terminated off one retailer does not mean that you will be terminated from our agreement and/or does not institute a breach of this agreement, as Client understands that this choice lies solely with a partner Symphonic Distribution has an agreement with.

W. Content Related

Denial Of Content

Some partners may or may not place content (individual releases) via their platform. Symphonic Distribution guarantees delivery of content to all partners chosen via the Clients’ Content Portal but does not guarantee placement of the recordings on any partner platform by the partner. Whether or not a partner processes the content is up to the partner. Symphonic Distribution and partners reserve the right to reject distribution of any recording at its discretion. With the over saturation of the music industry, many partners may choose to not place all or some content by a Client. Symphonic Distribution

Process. An email will be delivered to the Client from Symphonic Distribution explaining all of the processes pertaining to each and every department, system, network and/or service of Symphonic Distribution for Client to begin operations. When submitting content through Symphonic Distribution, Client will agree to terms and conditions for each individual release that confirms the release is accepted and ready to be distributed to chosen partners. Each guideline noted as a requirement and suggestion is to be followed carefully by Client to prevent any and all issues from occurring.

Changes / Errors after Submission. Each and every Client should ensure that their material is correct prior to delivering to our Content Department for approval and delivery to partner platforms. Changes / Errors such as replacement of files, takedowns of products, changing of image covers, meta data fixes (spelling changes, etc.), and/or anything else related to a Client’s release will be evaluated on case by case basis and may be denied by Symphonic Distribution and its partners. Client and any third party individual (artist, label owner, representative, and/or publisher) associated with the Change / Error is to communicate directly to Symphonic Distribution and must not reach out to any partner whatsoever. Failure to communicate directly to Symphonic Distribution may result in legal action and separate penalty fees. Symphonic Distribution will not guarantee that each and every partner will acknowledge and/or agree to any requested Change / Error described above.

Client Choice. Client has the right to deliver a release to all or some partners via the Symphonic Distribution Content Portal. Symphonic Distribution cannot guarantee that a partner will process a release on their brand platform if chosen by the Client.

Release Dates. Client agrees to deliver a release 2-3 weeks prior to the release date of the individual product to avoid delays and/or non-inclusion of a given product on a partner platform.

Content Schedules / Instructions / Suggestions. Symphonic Distribution will provide any additional notifications regarding Content Schedules, Instructions, and Suggestions to improve any of the pre-established processes via email and through any and all systems. Client acknowledges and hereby agrees to adhere to any content schedule, instruction, and suggestion given by Symphonic Distribution via those means. Changes Made By Partners. Partners receiving releases from Symphonic Distribution hold the right to modify a genre, label name, release name, and/or anything else relating to the release if they feel the need to do so. Symphonic Distribution will distribute your material “As Is” and Client understands that the way the content is submitted is how it will be delivered to the partners with full knowledge that Symphonic Distribution will not alter and/or change anything on the submitted release. Pricing. The price of your product may change at the request of Symphonic Distribution, Client, and Partner. All changes are to be made to benefit the product(s) associated and may be done by a Partner without approval from Symphonic Distribution and Client. Artwork. Client agrees to send cleared cover artwork as specified in previous sections of this agreement and also agrees to not include any third party logos of Partners Symphonic Distribution has agreements with and/or include website addresses in any area of the cover art whatsoever. Symphonic Promotions. Symphonic Distribution may choose a song and/or songs from your catalogue for its podcasts, live web shows, best of compilations (for charity purposes) and anything known or existing in the future. If Symphonic Distribution wishes to pick a song or songs from your catalogue, you will be notified if the opportunity is a royalty based opportunity or not. By signing this agreement you are granting Symphonic Distribution the right to place “Distributed By Symphonic Distribution – www.symphonicdistribution.com” on your releases. If you wish to not have this option, please write your option to not have “Tagging” via the notes section on the next page. If you forget to notify us and you do not want this, we can change the release to not have this feature in the future but we are advising to you via this clause in case of any objections. Copies of Submitted Content. Symphonic Distribution will not provide any copies of content submitted via its Content Portal platform. Any such request is to be made in written form and will be evaluated on a case by case with Client understanding that additional costs may apply.

Redeliveries, Takedowns, and Takedown Fees. Client agrees to provide Symphonic Distribution with replacement audio files if requested for the purpose of redeliveries of products. Client agrees that Symphonic Distribution may not host or hold the content (new releases, replacements, and/or takedowns) of a Client after a 1-year period and such redelivery, takedown, and/or anything else pertaining to a release will be evaluated and may be requested on a case by case. In the case of a complete catalogue removal, a fee of $500 must be paid to Symphonic Distribution in order for the catalogue takedown to occur. If an individual release needs to be taken down for any error made by the Client and/or a legal dispute requiring the release to be taken down, a fee of $50 must be paid to Symphonic Distribution for the takedown to occur and any additional legal fees may be charged. Symphonic Distribution is exempt from any issue pertaining to a label, artist, and/or release and will not be held liable for anything as written on possible cease & desist letters. Takedowns may take up to 1 year to complete. Streaming Via Mobile Apps, Website. Symphonic Distribution operates a website, mobile applications, and podcasts that may receive content distributed by Client for streaming. Material delivered from Client will be available for promotional use only with no payment being sent to Client for any play whatsoever. Client has the option to decline distribution to these platforms via the delivery portal.

Distribution to YouTube. By signing this agreement, you give permission to Symphonic Distribution to distribute a song and/or release to the Symphonic Distribution YouTube channel. Distribution to the YouTube channel is not mandatory but is automatically added for each account with each client having the option to deselect if they wish to not distribute a particular song and/or release. If “YouTube” is selected, you are giving permission to Symphonic Distribution to distribute and place the song(s) for promotional use only.

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