Hosting, Streaming and Remuneration Agreement, version 1.0
Contract number: {{contract_number}} Date: {{contract_date}}
Parties
1. RetLabel Studios, a brand of REAL8 (REAL8 Business Group), Vinkeniersweg 4, 9506 Grimminge (Geraardsbergen), Belgium, with its music studio in Lisbon, Portugal, email info@real-8.com, phone +32 456 99 50 62, website retlabel.nl, represented by Reggie Duisterhof, hereinafter "RetLabel";
and
2. {{artist_legal_name}}, performing as "{{artist_name}}", residing at / established at {{artist_address}}, {{artist_postcode}} {{artist_city}}, {{artist_country}}, date of birth {{artist_birthdate}}, email {{artist_email}}, phone {{artist_phone}}, hereinafter the "Artist". If the Artist is a band or group, the Artist is the group as a whole, represented by the person signing, who confirms that they are authorised to sign for all members;
together the "Parties".
1. Purpose
1.1 RetLabel runs an online music platform at retlabel.nl and in related apps (the "Platform"). On it, listeners can stream music for free and artists can publish their music, run an artist page and see their statistics.
1.2 Under this agreement the Artist may upload and publish music on the Platform free of charge. RetLabel hosts and streams that music on the Platform, and pays the Artist a fee per stream as set out in article 7.
1.3 This is not a distribution, recording or exclusive label agreement. RetLabel does not deliver the Artist's music to other streaming services or shops. The Artist remains free to release the same music anywhere else, at any time.
2. Definitions
- Content: all audio recordings (masters), the musical works (compositions and lyrics) contained in them, artwork, photos, videos, texts, names and other material the Artist uploads to or publishes on the Platform.
- Track: one audio recording uploaded by the Artist as part of a release (single, EP or album).
- Stream: one playback of a Track on the Platform by a listener.
- Qualifying Stream: a Stream that meets the conditions of article 7.3.
- Artist Portal: the Artist's account area on the Platform, with uploads, artist page, statistics, contracts, earnings and messages.
- External Link: a link the Artist adds to a release on another platform (such as Spotify, Apple Music, YouTube, Deezer or SoundCloud), to which the Platform redirects listeners.
3. Ownership and licence
3.1 The Artist keeps all rights. All ownership, copyrights and neighbouring rights in the Content stay with the Artist or with the rights holders the Artist works with. Nothing in this agreement transfers ownership to RetLabel.
3.2 The Artist grants RetLabel a non-exclusive, worldwide, royalty-free licence (apart from the stream fees in article 7), for the duration of this agreement, to:
a. store, copy and convert the Content into the technical formats needed for streaming; b. make the Tracks available for streaming on the Platform, including on the website, in RetLabel's apps and in embeddable players of the Platform; c. let listeners add Tracks to playlists, share them, and follow the Artist; d. show the Artist's name, artist name, likeness, biography, artwork and release information on the Platform; e. use the Artist's name, likeness, artwork and excerpts of up to 30 seconds per Track to promote the Artist and the Platform. This includes the homepage (for example "New signings" and "Trending"), newsletters and RetLabel's social media channels.
3.3 Downloads are only offered if the Artist switches this on for a release in the Artist Portal.
3.4 RetLabel will not sell the Content or license it to third parties. RetLabel may only use technical service providers, such as hosting and content delivery networks, to the extent needed to run the Platform.
3.5 When the Artist adds an External Link, the Platform only redirects the listener to it. That other platform's terms apply there, and RetLabel receives no rights in that release.
4. Collecting societies
4.1 This agreement does not affect rights the Artist has assigned to a collecting society or performing rights organisation (for example SABAM, Buma/Stemra, SPA, GEMA, SACEM or PRS). In the Artist Portal, the Artist states which society they are a member of, if any.
4.2 RetLabel is responsible for any licences required from collecting societies for the streaming of musical works on the Platform, and for reporting usage to them. Payments by collecting societies to the Artist come on top of the stream fees in article 7.
5. Obligations and warranties of the Artist
5.1 The Artist warrants that:
a. they own or control all rights needed to grant the licence in article 3, for every Track and all other Content. This includes the rights of co-writers, producers, featured artists, session musicians and any samples or beats used; b. the Content does not infringe the rights of third parties (including copyright, neighbouring rights, trademarks, portrait and privacy rights); c. the Content is not unlawful and does not contain hate speech, incitement to violence, or material that sexually exploits minors; d. all information they enter (credits, release data, payout details) is correct, and they will keep it up to date; e. they are 18 years or older, or a parent or legal guardian co-signs this agreement.
5.2 The Artist marks explicit lyrics with the "explicit" label.
5.3 The Artist keeps their own copies of all Content. The Platform is not a backup service.
5.4 The Artist indemnifies RetLabel against claims by third parties that result from a breach of the warranties in article 5.1, including reasonable legal costs. RetLabel informs the Artist of such a claim without delay and lets the Artist take part in the defence.
6. Publication, review and removal
6.1 The Artist decides what is published and when. They can schedule releases, and can remove a Track or release themselves at any time in the Artist Portal. Removed Content is no longer playable within 24 hours.
6.2 RetLabel may review uploads before they go live, and may refuse or remove Content that, in RetLabel's reasonable view, breaches this agreement, the law or the Platform's terms of use, or that is the subject of a credible notice of infringement. In line with the EU Digital Services Act, RetLabel then informs the Artist of the decision and the reasons for it, and the Artist can object through the Artist Portal.
6.3 RetLabel does not have to publish any particular Content and does not guarantee any number of streams, listeners or placements.
7. Stream fees
7.1 Rate. For every Qualifying Stream, RetLabel pays the Artist €0.003 (three tenths of a euro cent).
7.2 Threshold. Stream fees are paid from the 1,501st Qualifying Stream onwards. The first 1,500 Qualifying Streams of the Artist, counted in total over all of the Artist's Tracks since the start of this agreement, are not paid. After the threshold has been reached once, every further Qualifying Stream is paid.
Example: the Artist reaches 10,000 Qualifying Streams in total. The fee is (10,000 − 1,500) × €0.003 = €25.50.
7.3 Qualifying Stream. A Stream counts as a Qualifying Stream only if:
a. at least 30 seconds of the Track have been played; b. it was played by a listener other than the Artist, the members of the group, or accounts managed by the Artist; c. at most 5 Streams per listener per Track per 24 hours are counted (one listener means one account or, without an account, one device); d. it is not the result of stream manipulation as described in article 8.
7.4 Statements. The Artist can follow streams and earnings in real time in the Artist Portal. By the 10th of each month RetLabel finalises the statement for the previous month. Earnings become final after this monthly check.
7.5 Payout. The Artist can request a payout in the Artist Portal as soon as the final balance is at least €10. RetLabel pays within 30 days of the request, in euros, by bank transfer (SEPA) to the account in the Artist's name entered in the Artist Portal, or by another payment method that RetLabel offers in the Artist Portal. Costs RetLabel charges for payments to accounts outside the SEPA area may be deducted.
7.6 Taxes. The amounts in this article include any VAT due. The Artist is responsible for declaring the payouts to the tax authorities and for any taxes and contributions due on them. If the law requires RetLabel to withhold tax, RetLabel deducts it and informs the Artist.
7.7 Changes to the rate. RetLabel may change the rate, the threshold or the payout conditions for the future only. It does so by email at least 30 days before the change takes effect. Fees already earned are never reduced. If the Artist does not accept the change, they may end the agreement before it takes effect, as set out in article 11.
8. Fair play: no artificial streams
8.1 The Artist may not generate or buy Streams in an artificial way, or have anyone else do so. This includes bots, scripts, stream farms, paid fake plays, repeated playback without real listening, or the misuse of accounts.
8.2 Promotion that reaches real listeners, such as advertising or campaigns by promotion companies on the Platform, is allowed.
8.3 RetLabel uses automated and manual checks. Streams that RetLabel reasonably considers artificial do not count and are not paid. On serious or repeated manipulation, RetLabel may withhold the earnings involved, reverse earnings already credited for those Streams, suspend the Artist's account, or end this agreement under article 11.3. RetLabel informs the Artist with reasons, and the Artist may respond before a final decision.
9. Statistics and personal data
9.1 In the Artist Portal the Artist gets statistics on their Tracks and artist page, such as streams, listeners, followers, playlist adds, countries and traffic sources. Listener data is only shown in aggregated form that does not identify individual listeners.
9.2 REAL8 processes the Artist's personal data as controller, to perform this agreement, to make payouts, and to meet legal obligations, in line with the GDPR and the Platform's privacy policy. Public profile information is only shown as the Artist enters it.
10. Studio services
Studio sessions, mixing, mastering, video production, promotion campaigns and other paid services of RetLabel Studios are not part of this agreement. They are only provided under a separate order or quote. Signing this agreement does not oblige the Artist to buy anything.
11. Term and termination
11.1 This agreement starts when both Parties have signed it, and runs for an indefinite period.
11.2 The Artist may end this agreement at any time with 14 days' notice, through the Artist Portal or by email to info@real-8.com. RetLabel may end it with 30 days' notice by email.
11.3 Either Party may end this agreement immediately by email if the other Party seriously breaches it and, where the breach can be fixed, has not fixed it within 14 days of a written notice.
11.4 When the agreement ends:
a. RetLabel removes the Artist's Tracks from the Platform within 14 days, and deletes them from backups within 90 days; b. promotional posts already published under article 3.2(e) may remain, but no new ones are made; c. RetLabel pays out the final balance within 30 days, even if it is below €10 (unless it is below €1). This does not apply to earnings withheld under article 8.3; d. articles 5.4, 7.6, 9.2 and 12 to 14 keep applying.
12. Liability
12.1 RetLabel provides the Platform with reasonable care, but does not guarantee that it is always available or free of errors.
12.2 RetLabel is not liable for indirect damage, such as lost income, lost opportunities or lost data. RetLabel's total liability under this agreement is limited to the higher of €500 and the total amount paid to the Artist in the 12 months before the event that caused the damage.
12.3 These limits do not apply to damage caused by intent or gross negligence, or where the law does not allow liability to be limited.
13. Other provisions
13.1 This agreement, together with the Platform's terms of use and privacy policy, is the full agreement between the Parties about this subject. If they conflict, this agreement prevails.
13.2 Changes to this agreement, apart from those under article 7.7, are only valid if both Parties agree to them in writing or electronically in the Artist Portal.
13.3 The Parties may sign this agreement electronically in the Artist Portal. An electronic signature has the same legal effect as a handwritten one (Regulation (EU) No 910/2014, eIDAS). The Artist can also download this agreement, print it, sign it by hand and upload the signed copy. Both Parties receive the fully signed agreement as a PDF.
13.4 If a provision of this agreement is invalid, the other provisions remain in force. The Parties then replace the invalid provision with a valid one that comes as close as possible to its purpose.
13.5 Nothing in this agreement creates an employment relationship, partnership or joint venture between the Parties.
13.6 RetLabel may transfer this agreement to another company of the REAL8 Business Group, or to a successor of the Platform, if it informs the Artist in advance and the Artist's rights under this agreement do not change. The Artist may then end the agreement under article 11.2.
13.7 Notices under this agreement are sent by email: to RetLabel at info@real-8.com, and to the Artist at the email address in the Artist Portal.
13.8 This agreement is written in English. Translations are for convenience only. If they differ, the English text prevails.
14. Governing law and disputes
14.1 This agreement is governed by Belgian law.
14.2 The Parties first try to solve a dispute together. If that fails within 30 days, the dispute goes to the competent courts of Ghent, Belgium (division Oudenaarde).
14.3 If the Artist acts as a consumer, this does not take away the protection of the mandatory law of their country of residence, or their right to go to the court of their place of residence.
Annex A: Artist details
| Legal name | {{artist_legal_name}} |
| Artist / group name | {{artist_name}} |
| Group members (if a group) | {{group_members}} |
| Address | {{artist_address}}, {{artist_postcode}} {{artist_city}}, {{artist_country}} |
| Date of birth | {{artist_birthdate}} |
| {{artist_email}} | |
| Phone | {{artist_phone}} |
| Payout account holder | {{payout_account_holder}} |
| IBAN / payout method | {{payout_details}} |
| VAT number (if any) | {{artist_vat_number}} |
| Collecting society and member number (if any) | {{collecting_society}} |
| Parent or guardian (if under 18) | {{guardian_name}}, {{guardian_email}} |
Annex B: Stream fees at a glance
| Rate per Qualifying Stream | €0.003 |
| Unpaid threshold | first 1,500 Qualifying Streams in total |
| A stream counts after | 30 seconds of play |
| Maximum counted | 5 streams per listener per Track per 24 hours |
| Monthly statement | final by the 10th of the following month |
| Minimum payout | €10 |
| Paid within | 30 days of the payout request |
| Total Qualifying Streams | Fee |
|---|---|
| 1,500 | €0.00 |
| 5,000 | €10.50 |
| 10,000 | €25.50 |
| 100,000 | €295.50 |
| 1,000,000 | €2,995.50 |