Artist Agreement

Last updated: August 26, 2025

1. Introduction

This Artist Agreement ("Agreement") is a legally binding contract between Eswatini Hits ("Eswatini Hits", "we", "us") and you as an artist, label, or rights holder ("Artist", "you") who uploads, distributes, or monetizes audio content on the Eswatini Hits platform.

This Agreement supplements the Eswatini Hits Terms and Conditions of Use and Privacy Policy. In the event of conflict, this Agreement governs artist-related matters.

By uploading content to Eswatini Hits, you agree to be bound by this Agreement.

2. Artist Eligibility and Representations

You represent and warrant that:

You are at least 18 years old or have legal authority to enter this Agreement
You own or control all master recording rights for the content you upload
You have obtained all necessary permissions, licenses, and consents
Your content does not infringe any third-party rights
You are legally entitled to receive payments under this Agreement

3. Ownership and Rights

3.1 Master Rights

You retain ownership of your master recordings.

You grant Eswatini Hits a non-exclusive, worldwide, royalty-free, sublicensable license to host, stream, download, distribute, promote, and monetize your content in connection with the Service.

Important: The term "royalty-free" in this license means that Eswatini Hits does not pay an upfront fee or advance for the license. It does not mean that you will not receive royalties. You will receive royalties from the Royalty Pool as described in Section 4 of this Agreement.

3.2 Publishing Rights

Eswatini Hits does not collect or pay publishing royalties.

All publishing, composer, and songwriter royalties remain your responsibility and must be collected through recognized collecting societies (e.g. SAMRO or equivalent).

By uploading content, you confirm that Eswatini Hits is authorized to exploit the master recordings only.

4. Monetization Model

4.1 Royalty Pool

Artist payments are made from a Royalty Pool, funded exclusively by:

Advertising revenue (including audio advertisements)
Paid user subscriptions

Eswatini Hits does not guarantee that the Royalty Pool will contain any minimum amount.

4.2 Streams and Downloads Eligibility

Only content that reaches both of the following thresholds within a payment period becomes eligible for revenue sharing:

At least 1,000 verified streams, and
At least 500 verified downloads

Content that does not meet both thresholds will not participate in the Royalty Pool for that period.

4.3 Points System

Eligible content earns points as follows:

1 Stream = 1 Point
1 Download = 5 Points

Streams and downloads are counted once only. Paid or promotional streams/downloads are not counted again in future periods.

4.4 Royalty Calculation

For each royalty period:

Eswatini Hits calculates the total points of all eligible songs that meet the thresholds
Each song's points are divided by the total eligible points
The result is multiplied by 100% to determine the song's percentage share
The artist receives that percentage of the Royalty Pool

Example: Song Points ÷ Total Eligible Points × 100% = Artist Share of Royalty Pool

4.5 Payment Schedule

Royalty payments are made quarterly, subject to:

Successful verification
Compliance with this Agreement
Completion of required payout information
Meeting the minimum payout threshold

Minimum Payout Threshold: E100 (SZL) or equivalent. Balances below this threshold will be carried forward to the next payment period. If your balance remains below the threshold for 12 consecutive months, you may request a payout of the accumulated balance.

5. Fraud, Abuse, and Artificial Activity

Eswatini Hits strictly prohibits:

Artificial or automated streams or downloads
Incentivized, purchased, or manipulated activity
Self-streaming abuse or coordinated schemes

We reserve the right to:

Exclude affected activity from calculations
Adjust or withhold royalties
Suspend or terminate accounts
Remove content permanently

5.1 Appeal Process

If you believe that our determination of fraudulent activity is incorrect, you may appeal by contacting support@eswatinihits.co.za within 30 days of receiving notice of the determination. Your appeal must include:

Detailed explanation of why you believe the determination is incorrect
Evidence supporting your position
Any relevant documentation

We will review your appeal and respond within 60 days. Our decision on the appeal is final. If the appeal is successful, any withheld royalties will be restored to your account.

6. Reporting and Transparency

Eswatini Hits may provide artists with:

Stream and download analytics
Estimated earnings

All reports are informational and subject to audit, correction, or adjustment.

7. Taxes

You are solely responsible for:

Declaring income
Paying applicable taxes
Comlying with local tax laws

7.1 Tax Withholding

Eswatini Hits may withhold taxes if legally required by applicable jurisdictions, including but not limited to Eswatini, South Africa, and other countries where tax treaties or local laws require withholding on royalty payments. You will be notified of any tax withholding before payment is processed. You are responsible for providing accurate tax information and any required tax forms (e.g., W-8BEN, W-9, or equivalent).

8. Content Removal and Termination

You may remove your content subject to reasonable processing time.

Eswatini Hits may remove content or terminate accounts for:

Legal compliance
Policy violations
Fraud or abuse
Platform integrity

Termination does not affect accrued but unpaid royalties unless forfeited due to fraud.

9. Disclaimers

Eswatini Hits does not guarantee streams, downloads, exposure, or income
Platform availability is not guaranteed
Earnings may fluctuate or be zero

10. Limitation of Liability

To the maximum extent permitted by law, Eswatini Hits shall not be liable for indirect, incidental, or consequential damages.

Total liability shall not exceed the greater of E500 (SZL) or amounts paid to you in the previous 12 months.

11. Governing Law and Disputes

This Agreement is governed by the laws of the Kingdom of Eswatini.

11.1 Dispute Resolution Process

Disputes shall first be attempted to be resolved informally through direct communication. If a dispute cannot be resolved informally:

Step 1: Contact support at support@eswatinihits.co.za with a detailed description of the dispute
Step 2: We will review and respond within 30 days
Step 3: If unresolved, either party may request mediation or arbitration (where permitted by law)
Step 4: If mediation/arbitration fails or is not available, disputes shall be resolved exclusively in the courts of Eswatini

The entire dispute resolution process, from initial contact to final resolution, should be completed within 90 days where possible, though complex disputes may take longer.

12. Entire Agreement

This Agreement constitutes the entire agreement between you and Eswatini Hits regarding artist content and royalties and supersedes all prior discussions.

By uploading content to Eswatini Hits, you confirm that you have read, understood, and agreed to this Artist Agreement.

Questions About the Artist Agreement?

If you have any questions about this Artist Agreement, please contact us.