AGREEMENT.
This is a legally binding agreement between The Imaginary Records ("Label") and the Artist ("You"). By submitting music through TIR or signing with TIR, you agree to all terms contained herein. Read carefully before proceeding.
Section 1 — Parties
Label: The Imaginary Records, a sole proprietorship owned and operated by Aabyd Khan, located at Village Gund Saderkote Bala, Block Hajin, District Bandipora, J&K, 193504, India. Contact: theimaginaryrecords@gmail.com.
Artist: The individual, group, or entity that has agreed to distribute or sign music through TIR, as identified during registration or onboarding.
Section 2 — Grant of Rights
The Artist grants The Imaginary Records a non-exclusive, worldwide license to distribute, stream, download, and monetize the Artist's music through our distribution partners PDL India (Phonographic Digital Limited) and Conyfer, and their downstream platforms (including Spotify, Apple Music, Amazon Music, YouTube Music, Tidal, JioSaavn, Deezer, and 200+ more).
The Artist retains 100% ownership of their master recordings and publishing rights at all times. TIR does not claim ownership of any content.
Section 3 — Royalty Split
Net royalties received by TIR from distribution partners shall be split as follows:
- Artist receives: upto 85% of net royalties
- Label retains: 15% as a distribution and services fee
"Net royalties" means gross income received by TIR from distribution partners, minus any platform fees, currency conversion charges, or withholding taxes imposed by third parties beyond TIR's control.
Section 4 — Distribution Timeline
TIR commits to submitting approved releases to distribution platforms within 24 to 48 hours of receiving complete, compliant release materials. Platform processing times may vary; typical live date is 1–5 business days from submission. TIR is not liable for delays caused by platform processing queues.
Section 5 — Lock-In Period
Artists agree to a 6-month minimum commitment from the date of first release under TIR. During this period, the Artist may not distribute the same content through competing services without prior written consent from TIR. After 6 months, either party may terminate with 30 days' written notice.
Section 6 — Royalty Payments
Royalties are processed and paid monthly, typically within 45–60 days of the close of each reporting period (as determined by our distribution partners). Payments are made via PayPal or other agreed methods. Artists must maintain valid payment information. Unclaimed royalties will be held for up to 12 months before being forfeited.
Section 7 — Royalty Disputes
The Artist has a 30-day window from the date of each royalty statement to raise disputes. Disputes must be submitted in writing to support@theimaginaryrecords.in with specific details. TIR will investigate and respond within 15 business days. After the 30-day window, statements are deemed accepted.
Section 8 — Copyright Claims
If a copyright claim, Content ID dispute, or takedown notice is received by TIR related to the Artist's content, TIR will notify the Artist via email within 48 hours of receiving the notice. The Artist must respond with counter-claim documentation within 7 business days. Failure to respond may result in acceptance of the claim and removal of the affected content.
Section 9 — Artist Warranties
The Artist warrants and represents that:
- They own or control all rights to the submitted music, including master recording rights, composition rights, and sample clearances
- The music does not infringe on any third-party intellectual property rights
- All featured artists, producers, and contributors have provided written consent for the release
- The music does not violate any laws or regulations
- All metadata provided (artist name, album name, ISRC, etc.) is accurate and truthful
Section 10 — Prohibited Activities & Fraudulent Conduct
The following activities are strictly prohibited and constitute material breach of this Agreement, subject to immediate penalties:
- Stream Fraud: Using bots, clickfarms, automated tools, or any artificial means to inflate streaming counts, listener numbers, or playlist placements
- Copyright Infringement: Submitting music that samples, interpolates, or copies third-party copyrighted material without proper clearance
- Identity Fraud: Submitting music under a false artist name or impersonating another artist
- AI-Generated Content Fraud: Submitting AI-generated music while falsely representing it as human-created where platforms prohibit AI content, or without required AI disclosure
- Metadata Fraud: Providing false ISRC codes, UPC codes, or metadata to manipulate chart positions or royalty calculations
- Platform Manipulation: Any activity designed to manipulate DSP algorithms, editorial playlists, or recommendation systems through fraudulent means
- Label Impersonation: Using TIR's name, logo, or brand without authorization
- Duplicate Releases: Submitting the same content through multiple distributors simultaneously without TIR's written consent
Section 11 — Penalties for Violations
Violations of this Agreement, particularly those outlined in Section 10, shall result in the following consequences:
- Immediate account termination without notice
- Immediate takedown of all content distributed through TIR
- Forfeiture of all outstanding royalties owed to the Artist
- Financial penalty of ₹50,000 (INR) [approx. $600 USD] per instance of stream fraud or copyright infringement proven by platform data or third-party investigation
- Financial penalty of ₹1,00,000 (INR) [approx. $1,200 USD] for identity fraud or deliberate copyright infringement causing legal action against TIR
- Full indemnification: The Artist shall be liable for 100% of all costs, legal fees, fines, damages, and losses incurred by TIR as a direct result of the Artist's violation, including but not limited to: distribution partner penalties, DSP bans, legal representation fees, court costs, and reputational damages
- Reporting to authorities: TIR reserves the right to report fraudulent activity to Indian law enforcement, distribution partners (PDL India, Conyfer), and relevant DSPs
- Blacklisting: The Artist may be permanently blacklisted from all TIR services and from distribution through TIR's partner networks
⚠ LEGAL NOTICE: Stream fraud, copyright infringement, and distribution fraud are violations of Indian law (Copyright Act, 1957; Information Technology Act, 2000) and international treaties. Artists found engaging in such activities may face civil suits, criminal complaints, and DSP-level bans affecting all their existing and future music, including music distributed through other platforms and distributors outside of TIR.
Section 12 — Label-Level Consequences
The Artist acknowledges and agrees that fraudulent or illegal activity by the Artist can cause direct harm to TIR at the label level, including: platform bans for all TIR artists, loss of distribution partner agreements, reputational damage, legal liability, and financial penalties imposed on TIR by partners.
In such cases, the Artist who caused the violation shall bear sole financial and legal responsibility for all label-level consequences, including compensating TIR for all losses suffered by the label, its other artists, and its business operations as a result of the Artist's actions.
TIR shall have the right to pursue civil remedies against the offending Artist to recover all such damages in full.
Section 13 — Takedowns & DMCA
If TIR receives a valid DMCA takedown or copyright claim against the Artist's content, TIR will process the takedown as required by law and notify the Artist within 48 hours. TIR is not liable for any losses resulting from legitimate takedowns of infringing content. The Artist indemnifies TIR against all claims arising from copyright infringement by the Artist.
Section 14 — Termination
Either party may terminate this Agreement with 30 days' written notice after the initial 6-month lock-in period. TIR may terminate immediately for material breach (including but not limited to violations under Section 10). Upon termination:
- Releases will be removed from platforms within 30–90 days
- Outstanding royalties (minus any penalties or deductions) will be processed within 60 days
- The Artist's obligation to indemnify TIR for pre-termination activities survives termination
Section 15 — ISRC & Metadata
TIR may register ISRC codes on behalf of the Artist through IMI India (PDL India). These codes remain associated with the specific recordings. The Artist is responsible for providing accurate metadata. TIR is not liable for delays, chart ineligibility, or other issues arising from inaccurate metadata provided by the Artist.
Section 16 — Confidentiality
Both parties agree to keep the financial terms of this Agreement confidential. Neither party shall disclose the specific royalty rates, fees, or business terms to third parties without written consent, except as required by law.
Section 17 — Dispute Resolution
In the event of a dispute, the parties agree to first attempt resolution through good-faith negotiation. If unresolved after 30 days, disputes shall be submitted to mediation in Jammu & Kashmir, India. If mediation fails, disputes shall be resolved by binding arbitration under Indian Arbitration and Conciliation Act, 1996. The prevailing party shall be entitled to recover reasonable legal fees.
Section 18 — Artist Liability for Label Consequences
This section explicitly establishes that the Artist is solely liable for any consequences suffered by The Imaginary Records as a result of the Artist's actions, including but not limited to:
- Distribution partner account suspensions caused by the Artist's fraudulent activity
- Platform bans affecting TIR's entire catalog due to the Artist's violations
- Legal fees, settlements, or judgments TIR faces due to the Artist's copyright infringement
- Revenue loss to TIR from platform penalties imposed because of the Artist's conduct
- Reputational damage to TIR's brand caused by the Artist's public misconduct
The Artist agrees to fully indemnify, defend, and hold harmless The Imaginary Records from all such consequences without limitation.
Section 19 — Governing Law & Entire Agreement
This Agreement is governed by the laws of India, specifically applicable in Jammu & Kashmir. This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions. Any amendments must be in writing and signed by both parties. If any provision of this Agreement is found unenforceable, the remaining provisions remain in full force.
By submitting music to TIR or registering as a TIR artist, you acknowledge that you have read, understood, and agreed to all terms in this Distribution Agreement. This Agreement is legally binding under Indian law.
Contact: support@theimaginaryrecords.in
The Imaginary Records, Village Gund Saderkote Bala, Block Hajin, District Bandipora, J&K 193504, India.