For the purpose of this subsequent Anti-Fraud Policy, the “End User” will be the person or legal entity that has entered into a contractual relationship with us, accepting the Terms & Conditions (EULA) and providing content that will be made available on DSPs (“Digital Service Providers”). “We” or “Us” are the service providers, DistroBeat GmbH.

 

Purpose

The purpose of this Anti-Fraud Policy is to provide:

  • A clear definition of what we define as “fraud”.
  • A summary to End Users of their responsibilities for avoiding fraudulent activities.
  • Guidance to all parties involved as to actions which should be taken when we, the DSP, or any other third party involved, suspect any fraudulent activity.

 This document is intended to provide guidance and should be read in conjunction with:

 

Definitions

​In this section we define the most important keywords:

  • End User – Defines the person or legal entity that has entered into a contractual relationship with DistroBeat GmbH for the use of the platform.
  • User Account – Defines Accounts owned by End Users on the platform.
  • DSP – Defines the Consumer Store (Digital Service Provider)
  • Fraud – Defines the unauthorized exploitation of material protected by copyright (“Copyright Infringement”); the copyright infringement of any law that regulates the ownership of legal right holders; the use of (well-known) artist, band or label names or artwork which may create confusion or false expectations related to content which is served to consumers by DSP (Artist Spam); the use of automated mechanisms or similar means to increase the amount of streams or downloads while pretending to be real consumers (Artificial Streams); the upload of distorted / white-noise music also to generate revenues and other unauthorized activities which are in breach with the EULA or consequently the agreements we have with DSP’s.

 

Policy

Fraud in all its various forms is illegal and is therefore unacceptable for us:

  • Our main goal is to avoid and eliminate fraudulent usage of our Services.
  • Any indications of fraud will be intensively investigated.
  • If a DSP identifies fraudulent streams, they may take down the content and inform DistroBeat GmbH about the case, reserving the right to withhold from future royalty payments the amounts previously generated through suspicious activities.
  • The entire back catalog and all new tracks distributed via DistroBeat GmbH are logged and matched against several content databases to avoid multiple uploads of the same song as in copyrighted materials, as well as uploads of “white noise”, “empty songs”, “construction kits” and, in general, any other unauthorized activity.
  • The entire list of client accounts is being monitored for unauthorized activity such as the creation of multiple, duplicate accounts by a single person, the sharing of account data with 3rd parties, the misuse of coupon codes and similar activities which are strictly prohibited.
  • In the event of suspected fraudulent activity:
    • Revenues in any Account that are received in connection with content that we believe, in our sole discretion, violate the End User License Agreement, will be blocked and held in escrow
    • Accounts that have been blocked can only be unblocked following the strict protocol described below.

 

Consequences

The imminent consequences of fraudulent use of our Platform and/or Services are:

  • If an End User is suspected and / or deemed breaching the End User License Agreement, we reserve the right to terminate the contractual relationship.
  • Any royalty amounts due to an End User from any DSP for fraudulent or unauthorized use of the service may be recouped by withholding such amounts from future payments due to an End User.
  • To the extent any fraudulent and/or infringing activities are determined to be caused by the End User’s actions, any costs incurred by us or our providers (including legal fees and expenses) in connection therewith, in addition to other remedies, will be deducted by us from any future payments due to an End User.

 

Takedowns

If content is being marked as suspicious by a DSP we will initiate a take down on our sole discretion. However, please note that the DSP may initiate the take down by themselves without prior notification.

Blocked Account Policy

In the event that we are notified about your account:

  • If an End User account is being marked as suspicious by a DSP we might, in our sole discretion, block his account.
  • We keep the right to discontinue the partnership with the End User immediately, to close his account and to forfeit all earnings that were generated through DistroBeat’s distribution platform.
  • We do not refund any paid fees (including, but not limited to, payments against subscription plans) for blocked accounts.
  • Certain Consumer Stores (DSPs) may also have policies related to fraud and suspected fraudulent activities and the End User agrees that it is his responsibility to investigate such policies and such policies shall be binding on the End User hereunder.
  • For accounts that contain infringing content (confirmed by one or more DSPs) and/or violate the End User License Agreement and/or any other of DistroBeat’s policies we keep the right to block all royalties.

 

Unblocking a suspicious Account

Under the following circumstances the End User Account may be unblocked:

  • The User has to provide all requested information and proofs within one week of the request.
  • All received information can be verified.
  • The End User profile is fully completed.
  • The End User sends us a copy of an identification document (passport, national id or driving license) to verify his identity.

(Last Update: March 23, 2021)