Producer Agreement

1. Introduction

This Producer Agreement ("Agreement") governs your use of emaBeats (emabeats.com) as a Producer. It is in addition to our general Terms & Conditions. By applying for or using a Producer account, you agree to both. emaBeats acts solely as a marketplace facilitator; we do not own or claim rights to any music you upload.

2. Producer Eligibility

• You must be at least 16 years of age. A valid national ID or passport is required for verification (IDs in Eswatini are typically issued from age 16; a passport is acceptable where an ID is not yet held).
• You must hold a valid MTN Mobile Money (MoMo) account registered in your own name to receive payouts.
• Producer accounts are subject to approval by emaBeats before you can sell.

3. Content Ownership & Warranties

By uploading any Beat to emaBeats, you represent, warrant, and confirm that:

• You are the original creator and sole owner of the Beat, or otherwise hold all rights necessary to licence and sell it.
• The Beat does not infringe any third party's copyright, trademark, sample-clearance obligation, or other intellectual property right.
• You retain full ownership of your Beats at all times. You grant emaBeats a non-exclusive licence to host, stream, display, and promote your Beats on and off the Platform for the purpose of operating and marketing the marketplace.
• You upload and sell at your own risk. emaBeats is not responsible for unauthorised use of your music by a Buyer once a licence has been granted.

You are solely responsible for any uncleared samples in your Beats. If a Buyer or third party suffers loss due to an uncleared sample or infringing content you uploaded, that is your responsibility, not emaBeats'.

4. Licence Types You Offer

You choose, per Beat, whether to sell it as Basic or Exclusive:

• Basic (Non-Exclusive): may be sold to multiple Buyers. You must provide a high-quality WAV file (via download link) for Buyers to receive.
• Exclusive: sold once, after which the Beat is permanently removed from sale. You must provide the stems / trackout ZIP (via download link) for the Buyer.

You set your own price for each licence, within any minimum and maximum limits defined by the Platform. You may attach personal usage requirements (e.g. required credit) to each Beat, which become binding on the Buyer.

5. File Delivery Obligations

• WAV files (Basic) and stems (Exclusive) are delivered via your own public download links (Google Drive, Mega, MediaFire, or similar). You are responsible for keeping these links live and accessible.
• Where a Buyer requests files that are not already linked, you must deliver them within 24–48 hours of the request.
• Repeated failure to deliver, dead links, or delivering incorrect/incomplete files may result in penalties, withheld payouts pending resolution, suspension, or a permanent ban.

6. Earnings, Fees & Commission

• Commission: emaBeats retains a 5% commission on each sale. You receive 95% of the Beat's sale price as your earnings.
• Platform Fee: a separate 2% platform fee is charged to the Buyer (not deducted from you).
• Discounted sales: where you run a promotion (e.g. Buy 2 Get 1 Free), commission and earnings are calculated on the discounted amount actually paid. Beats given away free in a promotion earn you nothing and incur no commission.
• Your earnings accumulate in your emaBeats Producer account balance.

7. Payouts

• You may request a payout of your available balance to your registered MoMo number at any time.
• MoMo withdrawal fees apply to payouts and are borne by you. The applicable fee is calculated and shown to you before you confirm a payout request, based on the withdrawal amount.
• Example: a payout request of E100 with a E4 MoMo fee results in you receiving E96; your account balance is reduced by the full E100 requested.
• Payout requests are reviewed and, once approved, processed to your MoMo number. emaBeats may withhold or delay payouts where fraud, chargebacks, disputes, or policy violations are suspected, pending investigation.
• A payout can only be processed if your available balance covers the requested amount.

8. Producer Conduct

You agree that you will not:

• Upload plagiarised, stolen, or infringing content, or Beats containing uncleared samples.
• Misrepresent a licence, sell an Exclusive Beat you have already sold exclusively elsewhere, or "double-sell" exclusivity.
• Engage in fraud, fee circumvention, price manipulation, or money laundering.
• Fail to deliver purchased files, or provide dead or incorrect links.
• Harass, mislead, or abuse Buyers or other users.

9. Disputes & Enforcement

emaBeats is not a party to the licence between you and a Buyer and is not obligated to resolve disputes. However, as a courtesy and to protect the Platform, emaBeats may contact you regarding Buyer complaints, mediate informally, withhold payouts pending investigation, and — where you are found to have breached this Agreement, misused the Platform, or acted unethically — suspend or permanently ban your account.

Where an account is suspended or banned for cause, pending payouts may be withheld pending the outcome of any investigation.

10. Account Suspension & Termination

emaBeats reserves the right, at its sole discretion, to suspend or permanently terminate any Producer account for violations of this Agreement, repeated Buyer complaints, non-delivery, fraudulent or unethical activity, or conduct that harms the Platform or its users.

11. Disclaimer & Limitation of Liability

emaBeats is a marketplace facilitator provided on an "as is" basis. We are not responsible for the commercial success of your Beats, for disputes with Buyers, for losses arising from Platform downtime, payment-partner issues, or your own file-delivery failures. To the fullest extent permitted by law, our total liability to you shall not exceed the commission earned by emaBeats on the transaction giving rise to the claim.

12. Changes to This Agreement

We may update this Agreement from time to time. Material changes are reflected by the "Last updated" date. Where reasonable, we aim to give notice of significant fee or policy changes. Continued use of the Platform as a Producer after changes constitutes acceptance.

13. Governing Law

This Agreement is governed by the laws of the Kingdom of Eswatini, and any dispute is subject to the jurisdiction of the courts of Eswatini.

14. Contact

Questions about this Agreement can be sent to support@emabeats.com.

By applying for or using a Producer account on emaBeats, you confirm that you have read, understood, and agree to this Producer Agreement and to the emaBeats Terms & Conditions, and that all content you upload is your original work or content you are fully authorised to sell.