STREAMING PROMOTION SERVICES AGREEMENT

This Streaming Promotion Services Agreement (“Agreement”) is entered into between Emitha LLC (“Emitha,” “Company,” “we,” “us,” or “our”) and the client identified in the applicable invoice, proposal, payment authorization, onboarding form, or written communication (“Client,” “Artist,” “you,” or “your”).

By submitting payment, approving a proposal, responding affirmatively in writing, or otherwise engaging Emitha LLC for services, Client acknowledges that they have read, understood, and agreed to all terms contained herein.

1. SERVICES

Emitha LLC provides independent music marketing, playlist pitching, digital advertising, branding, promotional consulting, social media growth and related artist and label services (“Services”).

The specific Services to be provided shall be outlined in written communications, purchased packages, invoices, campaign proposals, onboarding materials, email correspondence, or other mutually agreed documentation.

Emitha LLC shall perform Services using commercially reasonable efforts and industry-standard practices.

2. NO GUARANTEES

Client acknowledges and agrees that Emitha LLC does not guarantee any specific number of: streams, playlist placements, followers, listeners, engagements, sales, algorithmic boosts, editorial placements, chart positions, media coverage, revenue, return on investment, or commercial outcomes of any kind.

Emitha LLC does not sell, manufacture, or guarantee streams. Emitha LLC does not operate a “pay-for-streams” service.

Any examples, testimonials, case studies, projections, prior campaign results, or estimated outcomes are illustrative only and shall not be interpreted as guarantees or promises of future performance.

Client further acknowledges that dissatisfaction with campaign performance, pace of growth, or perceived effectiveness shall not constitute failure to perform by Emitha LLC.

3. FEES AND PAYMENT

All fees are due in advance unless otherwise agreed in writing. Emitha LLC is not obligated to begin or continue Services until payment has been received in full.

Failure to make timely payment may result in: suspension of Services, cancellation of campaigns, delayed campaign execution, removal from scheduling, or termination of the campaign.

Any outstanding balances remain fully due and payable regardless of campaign status.

Client agrees that chargebacks, payment disputes, or payment reversals initiated after Services have commenced constitute a material breach of this Agreement.

Client shall be responsible for any costs incurred by Emitha LLC in recovering disputed amounts, including reasonable attorneys’ fees, collection fees, arbitration costs, and administrative expenses where permitted by law.

4. NO REFUND POLICY

ALL PAYMENTS MADE TO EMITHA LLC ARE FINAL AND NON-REFUNDABLE ONCE A CAMPAIGN OR SERVICE HAS COMMENCED.

A campaign shall be deemed commenced upon any of the following: campaign onboarding, strategy preparation, ad account preparation, contractor allocation, playlist servicing, outreach activity, campaign scheduling, launch preparation, consulting, creative preparation, DSP pitching, advertising spend allocation, or any work performed by Emitha LLC related to the campaign.

Client acknowledges that Emitha LLC immediately allocates resources, labor, contractor time, advertising spend, scheduling commitments, and operational costs upon campaign commencement.

Accordingly, Client agrees that refunds shall not be issued for: dissatisfaction with results, perceived underperformance, lack of playlist placements, lack of streams, failure to achieve commercial success, changes in artistic direction, release cancellations, delayed releases, account issues, DSP decisions, platform actions, or termination by Client after work has begun.

If Client requests cancellation before any campaign work has commenced, Emitha LLC may, at its sole discretion, approve a partial or full refund.

No refunds shall be owed for partially completed billing periods or unused promotional time once Services have begun.

5. TERM AND CONTINUED PROMOTION (SUBSCRIPTION)

Unless otherwise specified in writing, campaigns operate on a recurring month-to-month basis via our subscription model. Either party may terminate recurring Services by providing notice no fewer than seven (7) calendar days prior to the next billing date. This can be done on the client’s portal and is the responsibility of the Client to cancel.

If cancellation notice is not received at least seven (7) days before renewal, Client authorizes Emitha LLC to continue Services and process the next billing cycle.

6. CLIENT RESPONSIBILITIES AND WARRANTIES

Client represents and warrants that: Client owns or controls all necessary rights related to the music, recordings, artwork, trademarks, likenesses, content, and materials submitted to Emitha LLC; the submitted materials do not infringe upon any copyright, trademark, publicity, privacy, or other proprietary rights of any third party; the submitted materials are not defamatory, unlawful, fraudulent, misleading, or otherwise in violation of applicable laws or platform policies; Client has full authority to enter into this Agreement.

Client agrees to indemnify, defend, and hold harmless Emitha LLC and its owners, employees, contractors, affiliates, representatives, and agents from and against any claims, damages, liabilities, costs, expenses, losses, or legal actions arising from: Client’s music or content, Client’s breach of this Agreement, intellectual property disputes, unauthorized materials, or Client’s actions or omissions.

7. THIRD-PARTY PLATFORMS

Client acknowledges that Emitha LLC has no ownership, control, or authority over third-party platforms including but not limited to: Spotify, Meta, YouTube, TikTok, Instagram, Facebook, DSP editorial teams, playlist curators, or advertising platforms.

Emitha LLC shall not be liable for: playlist removals, editorial rejection, demonetization, reduced reach, algorithm changes, account suspensions, content takedowns, disabled advertising accounts, shadow bans, platform penalties, or any actions taken by third-party services.

Any third-party promotional activity engaged independently by Client shall be solely at Client’s own risk and responsibility.

8. TERMINATION

Emitha LLC reserves the right to suspend or terminate Services immediately, without refund, if Client: breaches this Agreement, engages in fraudulent or illegal conduct, initiates chargebacks, abuses or harasses Emitha staff, damages or threatens Emitha’s reputation, submits fraudulent materials, or engages in conduct reasonably deemed harmful, unethical, or disruptive.

Termination shall not relieve Client of any payment obligations accrued prior to termination.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW: EMITHA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, REPUTATIONAL DAMAGE, LOSS OF DATA, OR CAREER-RELATED LOSSES.

EMITHA LLC’S TOTAL MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CLIENT TO EMITHA LLC DURING THE THIRTY (30) DAYS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

CLIENT AGREES THAT ANY CLAIM MUST BE BROUGHT INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION OR REPRESENTATIVE PROCEEDING.

11. DISPUTE RESOLUTION

This Agreement shall be governed by and construed under the laws of the State of New York, without regard to conflict of law principles. The parties agree that any dispute arising under or relating to this Agreement shall first be submitted to good-faith mediation prior to litigation. If mediation is unsuccessful, the parties agree that exclusive jurisdiction and venue shall lie in the state or federal courts located in New York. Client expressly waives any objection to venue or jurisdiction in such courts.

12. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the parties and supersedes all prior discussions, understandings, representations, or agreements, whether oral or written. No modification of this Agreement shall be valid unless made in writing and agreed to by both parties. If any provision of this Agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

13. ACCEPTANCE

By submitting payment, approving an invoice, authorizing billing, signing electronically, replying affirmatively in writing, or otherwise engaging Emitha LLC for Services, Client acknowledges that they have read, understood, and agreed to be legally bound by this Agreement.

Emitha LLC
Streaming Promotion & Artist Marketing Services