Contributor Terms of Service

This document explains the terms ("Contributor Terms") by which you may sell licenses for digital files (“Files”) through Soundtrack LLC.’s online services, including StockMusic.net (“Services”), as a Contributor (“Contributor”) owner. By creating an account or accessing or using our Services, you (1) agree that you have read, understood, and agree to be bound by the terms and conditions of these Contributor Terms, together with the general website Terms of Service and the applicable Media Producer’s (Sync) License and Public Performance License (“Licenses” as further defined herein) which together constitute a binding agreement ("Agreement") between the person or legal entity named in the sign up process (referred to as "Contributor Owner", "you", or "your") and Soundtrack LLC. (referred to as "we", "us", "our", or "StockMusic.net"), and (2) that you have read and acknowledge the collection and use of your information as set forth in our Privacy Policy (the "Privacy Policy"), whether or not you are a registered user of our Services. If you open a Contributor on any of our Services on behalf of an organization or other entity, then (i) "you" includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to the Agreement, and that you agree to the Agreement on the entity’s behalf.

The Parties agree to the following:

• Contributor Owner Affirmations and Warranties. You agree that any Files you make available on our Services will not violate third-party rights of any kind including, but not limited to, any Intellectual Property Rights or rights of privacy. For the purposes of these Contributor Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, province, country, territory or other jurisdiction. You retain all ownership of the Intellectual Property Rights to your posted Files (subject to the licenses granted herein). StockMusic.net reserves the right to ban or remove access to any of our Services if we receive one or more copyright complaints against your listed Files. You understand that publishing your Files on our Services is not a substitute for registering it with the Canadian Intellectual Property Office, U.S. Copyright Office, the Writer's Guild of America, or any other rights organization. You affirm, represent and warrant the following:
  • You have the full right, power and authority to enter into the Agreement and to fully perform all of your obligations.
  • Your use of our Service is permitted by applicable law and all applicable rights holders.
  • Your Files and all parts thereof are owned and controlled by, or licensed to you Without limiting the generality of the preceding sentence, if your Files include third party samples, sounds and the like, the end user license agreement, terms of service, or the equivalent license held by you allows you to incorporate such elements in the Files created by you, and to license such Files to StockMusic.net and Users on the terms herein.
  • If your Files contain music, lyrics, and/or sound recordings, you own or have acquired all rights to use such music, lyrics, and/or sound recordings from the owner of the copyright of such music, lyrics, and/or sound recordings. Your Files and StockMusic.net’s and Users’ use of them as contemplated by these Contributor Terms and Licenses will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
  • StockMusic.net and Users may exercise the rights to your Files granted under these Contributor Terms and Licenses without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
  • You will not provide inaccurate, misleading or false information to StockMusic.net or to any other User. If information provided to StockMusic.net or another User subsequently becomes inaccurate, misleading or false, you will promptly notify StockMusic.net of such change.
  • You will not use our Services to direct Users to other services or sites to purchase Files.
  • By using our Services to sell one or more Files, you agree to pay StockMusic.net’s fees for such transaction, assume full responsibility for the content of the Files offered, and accept that StockMusic.net can remove Files for sale, and end your promotions at any time.
  • You agree that:
    • We will have discretion to increase or decrease the price of any File as we deem likely to maximize your overall performance;
    • We will have discretion to offer discounts or promotional downloads as part of special promotions, online sales, or campaigns, or to customers who we believe will make volume purchases or commitments or to help secure additional revenue on your behalf;
    • We will have discretion to temporarily or in select markets charge higher or lower prices to test pricing levels in an effort to maximize sales or revenue on your behalf;
  • StockMusic.net reserves the right to terminate an account, close a Contributor or remove products for any reason, including without limitation for a violation of these Contributor Terms or the general Terms of Service. Any rights granted to Users prior to such termination shall survive in perpetuity in accordance with the applicable License (as defined below).
• License Grant.
  • To StockMusic.net. By posting any Files on our Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to StockMusic.net a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Files and your name, voice, and/or likeness as contained in your File, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with our Services and StockMusic.net’s business, including without limitation for promoting and redistributing part or all of our Services (and derivative works thereof) in any media formats and through any media channels. You additionally agree to take additional steps as may be requested by StockMusic.net to verify and/or perfect the licenses granted herein to both StockMusic.net and any User who purchases a License to your File(s). You affirm that any listed Files are cleared to be sold under the applicable licenses listed below (“Licenses”):
    • Media Producer’s (Sync) License (where applicable)
    • Public Performance License (where applicable)
  • To Other Users. You grant and/or authorize StockMusic.net to grant each User of our Services who purchases a License to your Files with all the rights, and subject to all the restrictions, described in the applicable License purchased. You should review the Licenses carefully before uploading any Files.
• Refunds. You understand and agree that StockMusic.net has no obligation to provide refunds on any licensed Files, including but not limited to if StockMusic.net finds that the File has been downloaded by the User. You agree that any and all refunds are provided at the sole discretion of StockMusic.net. You understand and agree to StockMusic.net’s refund & exchange policy, which we may change from time to time.
• Artist Compensation
  • Subscription Licensing:
    • Revenue from subscription licenses is shared twice a year (January and July). Revenue is distributed based on the number of subscription downloads, divided evenly among contributing artists.
      • Media Producer’s License (Sync License).This license is the same as the Media Producer’s License but is valid only for media created while the customer is subscribed.
        • Rights Included: Mechanical rights
        • License Fee: Varies
        • Your Royalty Rate: Distribution split based on a percentage of all downloads
        • Publishing Split: StockMusic.net: 0%, You: 100%
      • Sound Effects License. This license is the same as the Media Producer’s License but specifically for sound effects, valid only for media created while the customer is subscribed.
        • Rights Included: Mechanical rights
        • License Fee: Varies
        • Your Royalty Rate: $1 per download, up to $5 per user per month
        • Publishing Split: StockMusic.net: 0%, You: 100%
      • Example Calculation:
        • If $10,000 is distributed to contributing artists in July, and the total downloads in the previous 6 months are 60:
          • Artist A: 25 downloads (41.67%) = $4,167
          • Artist B: 10 downloads (16.67%) = $1,667
          • Artist C: 10 downloads (16.67%) = $1,667
          • Artist D: 15 downloads (25%) = $2,500
  • Individual Licensing:
    • Public Performance License (Audio Only). This license allows customers to play your music as background “on-hold” music for business telephone systems or as background music in public settings such as bars, restaurants, retail locations, theaters, and other public areas.
      • Rights Included: Public performance rights
      • License Fee: $39.99 per individual track
      • Your Royalty Rate: 50%
      • Publishing Split: No publishing royalties
    • Media Producer’s License (Sync License)
      • Customers can use your music in audio/visual productions such as online videos, mobile apps, video games, podcasts, films, and commercials.
      • Rights Included: Mechanical rights
      • License Fee: $39.99 per individual track
      • Your Royalty Rate: N/A
      • Publishing Split: StockMusic.net: 0%, You: 100%
    • Extended License
      • This license allows customers to include your music on digital and/or physical media (e.g., CDs, vinyl records, digital downloads) for resale.
      • Rights Included: Mechanical rights
      • License Fee: Varies
      • Your Royalty Rate: 50%
      • Publishing Split: StockMusic.net: 0%, You: 100%
    • Sound Effects License
      • Similar to the Media Producer’s License, but with a specific focus on sound effects and includes a royalty rate.
      • Rights Included: Mechanical rights
      • License Fee: $2.95 per individual track
      • Your Royalty Rate: 50%
      • Publishing Split: StockMusic.net: 0%, You: 100%
• Payouts & Earnings. Unless otherwise agreed by the parties in writing, StockMusic.net shall send requested payouts according to published timeframes, and in the method you select during the payout setup process. Available payout methods are subject to change.
  • Our current payment terms (rates, fees, etc.) are at our sole discretion at any time and such change will apply to all transactions that occur after the published change.
  • Payout requests may only be made if the total amount due to you totals at least US$20.
  • Royalties are paid out twice a year each January and July and you may log into your Artist Account at any time to review a sales report that shows your current Royalties and Deductions.
  • StockMusic.net reserves the right to withhold payment or chargeback to your account any amounts otherwise due to us under these Contributor Terms, or amounts due to any breach of these Contributor Terms by you, pending StockMusic.net's investigation of such breach. StockMusic.net also reserves the right to hold payment for a period of time in its reasonable discretion to mitigate certain risk factors, including, but not limited to, selling history, seller performance, the riskiness of the listing category, or the filing of a dispute claim.
  • To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account.
  • Any third-party fees related to returned or canceled payments due to a contact or payment information error or omission may be deducted from the newly issued payment.
  • You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in our Services.
  • If you dispute any payment, you must notify StockMusic.net in writing within thirty (30) days of such payment. Failure to so notify StockMusic.net shall result in the waiver by you of any claim relating to such disputed payment.
  • Payment shall be calculated solely based on records maintained by StockMusic.net. No other measurements or statistics of any kind shall be accepted by StockMusic.net or have any effect under these Contributor Terms.
• Indemnification. Without limiting your other indemnification obligations in the Agreement (including in the Terms of Service) and with respect only to Files submitted for distribution on our Services, you hereby indemnify and hold StockMusic.net harmless from and against any and all claims, demands, costs, and liabilities (including all reasonable attorneys’ fees) of any kind whatsoever by Users or any other third parties, relating to the warranties made by you under this Agreement and any misconduct or misrepresentation.
• Warranty Disclaimer. STOCKMUSIC.NET’S PRODUCTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." STOCKMUSIC.NET DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO ITS PRODUCTS AND SERVICES OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THOSE ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, STOCKMUSIC.NET DOES NOT WARRANT THAT ITS PRODUCTS OR SERVICES WILL BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, WILL MEET THE Contributor OWNER’S OR ANY CUSTOMERS’ REQUIREMENTS OR WILL COMPLY WITH APPLICABLE LAWS.
• Limitation of Liability. EXCLUDING YOUR INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL EITHER PARTY BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY, OR FROM NEGLIGENCE OR STRICT LIABILITY), INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR FROM ANY DEFECT OR ERROR IN ITS PRODUCTS OR SERVICES, EVEN IF A PARTY HAS BEEN ADVISED OR SHOULD KNOW OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF STOCKMUSIC.NET ARISING FROM, RELATING TO, OR IN CONNECTION WITH THESE Contributor TERMS EXCEED THE AMOUNTS PAID TO Contributor OWNER UNDER THESE Contributor TERMS.
• General.
  • Independent Contractor. Neither party shall be deemed to be an agent of the other party for any purpose, and the relationship between the parties shall only be that of independent contractors. Neither party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect whatsoever.
  • Governing Law and Jurisdiction. These Contributor Terms are subject to the governing law, jurisdiction, class action waiver, and other dispute provisions set forth in the Terms of Service.
  • Assignment. Contributor Owner shall not assign, delegate, or otherwise transfer its rights or obligations under these Contributor Terms, by operation of law or otherwise, without the prior written consent of StockMusic.net and any such assignment shall be void. StockMusic.net may assign, delegate or otherwise transfer its rights or obligations without consent. These Contributor Terms will apply to all successors and assignees.
  • Changes to Contributors Terms. We may revise and update these Contributor Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of our Services thereafter. However, any changes to the dispute resolution provisions will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on our Services. Your continued use of our Services following the posting of revised Contributor Terms means that you accept and agree to the changes. You are expected to check this document regularly so you are aware of any changes, as they are binding on you.
  • Severability. If any of the provisions of these Contributor Terms are held by a court of competent jurisdiction to be invalid or unenforceable under any applicable statute or rule of law, it shall be replaced with the valid provision that most closely reflects the intent of the parties and the remaining provisions shall continue in full force and effect.
  • Conflicts. In the event of a conflict between these Contributor Terms and the Terms of Service-General, Terms of Service-Partners Agreement and/or a License, the conflicting provision of these Contributor Terms shall apply solely with respect to the subject matter of these Contributor Terms to the extent of such conflict.
  • Notices. All notices to you will be sent to the address designated below, and all notices to StockMusic.net will be sent to 3000-F Danville Blvd. #417, Alamo, CA 94507, USA

Last Updated: August 5, 2024