Music Program – Terms and Conditions
Hi, we’re Harp-School. We’ve met before over at Harp-School.com. It’s good to meet you again and we’re really glad you’re keen on selling your music with us.
Read on for details about your artist responsibilities, the process of selling your items on the Harp-School Store and how you can earn money with us.
This Harp-School Artist Agreement (the “Agreement”) contains the complete terms and conditions that apply to an individual’s or entity’s participation in the Harp-School Store Music Program (the “Program”).
As used in this Agreement, “we”, “us”, “our,” “Harp-School” or “Harp-School.com” means the company Harp School, SIRET 50051360100038, located at 6 bis chemin de Sahorle, 66300 Vinça, France, its successors and assignees.
“You”, “you” and “your” mean the applicant to the Program.
“Site” refers to Harp-School’s site at www.harp-school.com and any other Site owned or controlled by us.
“Titles” means your composed sheet music and all associated content such as song title, cover art, product descriptions, classification data, tablature and other music types. “Digital Albums” means your uploaded MP3/FLAC/ALACs and all associated content such as the musical composition, song title, cover art, product descriptions, classification data, and other music types that constitute your music Album. Under this Agreement, Harp-School will become the non-exclusive digital retailer of various Titles for which you own, control, and/or have licensed the worldwide digital print music rights and/or various Digital Album for which you own, control, and/or have licensed all rights necessary for distribution (including any musical compositions incorporated therein).
Your Harp-School Store Sheet Music Titles and Digital Albums must adhere to all requirements of this Agreement. We reserve the right (but will have no obligation) to review the appropriateness of your content, and may choose to remove it from our Site in our sole discretion. If you do not comply with these guidelines or any terms and conditions of this Agreement, we also reserve the right to terminate your participation in the Program.
1. Agreement Acceptance
2. Agreement Amendment and Modifications
The Program may change over time and as such the terms of the Agreement will need to change as well. We reserve the right to change the terms of this Agreement at any time at our discretion. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures, and Program rules. We will give you notice of any changes by posting new terms in place of the old with a revision date indicated at the top and /or sending an email to the address associated with your Harp-School Artist Account.
If any modification is unacceptable to you, your only recourse is to terminate your participation and this Agreement as set forth herein below. Your continued participation in the Program following our posting of a change notice or new agreement on our Site will constitute binding acceptance of the change. If you wish to terminate this Agreement, you must immediately withdraw all of your content by un-publishing it.
3. Terms of the Agreement
The terms of this Agreement will become effective upon your participation and/or acceptance and will end when terminated by you or us. Either you or we may terminate this Agreement at any time, with or without cause. If we terminate you from the Program, we will send notification to the email address associated with the Program account. You are only eligible to earn commissions on sales of your Titles and Digital Albums, which occurred during the term of this Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
4. General Description
Sheet Music Titles
You grant Harp-School the non-exclusive right to market and sell your sheet music Titles digitally on our Site as part of our Digital Download Sheet Music library, as set forth in Section 12 below. Harp-School shall have the right to store and serve the Titles from Harp-School’s servers or from Harp-School’s service provider’s servers. Customers who purchase Title(s) will have unlimited access to view their purchased Title(s). If a Title is removed from the site it will no longer be for sale. However, customers who have previously purchased the Title will still have viewing and printing access to that Title.
You grant Harp-School the non-exclusive right to market and sell your Albums, as Digital Albums in MP3 (and FLAC/ALAC high quality formats if available) on our Site as part of our Digital Album library, as set forth in Section 12 below. Harp-School shall have the right to store, perform and serve the Digital Albums from Harp-School’s servers or from the Harp-School’s service provider’s servers. Customers who purchase digital music will have unlimited access to play the Digital Albums from such services. If a MP3/FLAC/ALAC is removed from the site it will no longer be for sale. However, customers who have previously purchased the Digital Album will still have the playing access and the ability to download. Customers will have the right to download the MP3/FLAC/ALAC and keep it on their devices and/or other media storage for their personal or family use.
5. Digital Rights Management
Harp-School provides no digital rights management protection (DRM) for PDF files of Titles. PDFs are protected with a watermark that shows date of purchase, order and customer information, as a deterrent against unlawful reproduction or duplication. You agree that this provides adequate protection against unlawful distribution of the Titles. Harp-School provides no DRM protection for the Digital Albums.
6. Application & Submission Process
6.1. Program Application & Item Submission
To apply to the Program, you must submit a complete Program application on our Site, which includes, at a minimum, your contact information and preference for form of payment. Once the form has been submitted you will be assigned an Harp-School Artist Account ID.
Once your application to the Program is complete, you may begin submitting items by email or using our dedicated online forms as described hereinafter (6.2, 6.3, 6.4).
You own all digital files that are provided to Harp-School. As such, Harp-School shall not use the files outside the scope of the licenses granted to us in this Agreement.
You shall provide to us, at your own expense, each Title or Digital Album that you intend to sell on our Site. We will not return any electronic files of physical content/media you send.
6.2. Sheet Music Submission
Send the following files and information to [email protected], or using to our dedicated form at www.harp-school.com/shop/upload/
- The Sheet Music file (required), must be in a PDF format.
- The Editable Source File (recommended), from your editing software (Finale, MuseScore, Sibelius, etc.). This is often requested (see 6.4.a).
- Title details (required): Name, Composer, Genre(s), Harp Type: lever (34+ strings) / lap (22+ strings) / pedal / llanera), Instrumentation (harp solo, orchestral, etc.), Level, Description (optional).
- Audio Recording (required), of your Title (full piece or excerpt – MP3 format) played on a real harp, to comply with Harp-School’s Sheet Music Store Standards (see 6.4). As such, a software generated audio will be rejected.
- Video (optional), with an excerpt or the entire Title you submitted (MP4 format, or YouTube link).
- An Image/Photo (optional) to use as product thumbnail, subject to Harp-School’s approval (see 6.4.). A default product thumbnail will be applied to your product if you don’t provide an image.
6.3. Digital Album Submission
Send the following files and informations using our dedicated form at www.harp-school.com/shop/upload/
- The Audio File(s) in MP3 format – minimum quality: bitrate: 256 kbps (320 kbps is recommended). If you are unable to provide such quality, a “low quality” notice will be displayed on your product page.
- Additional recommended formats (increase sales): FLAC or ALAC, these are lossless (CD high quality) formats that bring additional value to your recordings. See our Digital Album Guideline if you need help with these formats.
You do not need to provide MP3 files if you submit lossless formats. We will convert your files in MP3 for you. Do not convert MP3 files to FLAC or ALAC as this will create “fake” lossless files that we will reject.
Metadata: please make sure your audio files are “tagged” properly so music players will be able to display your track information (name, artist, etc.). See our Digital Album Guideline if you need help with audio tags.
Compression: you must upload all your audio files in a single compressed ZIP format.
- Album/Song details (required): Name, Composer, Genre(s), Description (optional).
- Album cover (required) in an image format (JPEG, PNG). A default cover will be applied if not provided.
- Video(s) (optional) with excerpts or full tracks of the album you are submitting: MP4 format, or YouTube link(s).
6.5. Complying to the Harp-School Store Standards
As part of Harp-School’s Identity Guidelines, Marketing strategy and ambition to guarantee the best customer experience, your items must comply with Harp-School Store Standards. As such, the following policy applies to your items and their use on the Harp-School Store:
(a) Harp-School pays close attention to the writing quality of the Sheet Music published on the Harp-School Store. You should pay particular attention to the writing quality of your sheet music. The Sheet Music’s Source file (editable, generated by your editing software) can be requested by Harp-School, so that Harp-School can apply minor changes to your Sheet Music and make sure it complies with Harp-School’s Store Standards (notation quality, layout, readability, etc.). By submitting your Sheet Music to the Program, you agree that Harp-School can make minor changes to your item for that purpose. If we make such edits to your files, we will send you an email notification to the email address associated with your Harp-School Artist Account.
(b) Harp-School will generate excerpt(s) of your Sheet Music, in a JPEG image format, watermarked with Harp-School logo, and to use as a preview on your Sheet Music product page. By submitting your Sheet Music to the Program, you agree that Harp-School will create such image preview of your Sheet Music.
(c)Harp-School will generate excerpt(s) of your Digital Albums’ audio tracks in MP3 format, to use as a preview on your Album sales page. By submitting your Digital Albums to the Program, you agree that Harp-School will create MP3 preview(s) of your audio file(s).
6.5. Publishing / Unpublishing your items
We have the right but without any obligation to release your Title and Digital Albums as part of our standard update process. Publishing your item can take up to 30 days; however, we reserve the right (but will have no obligation) to review the submitted content, PDF or MP3/FLAC/ALAC files and to not allow the Title or Digital Album to be added to our site or to remove Titles or Digital Albums if we believe it violates this Agreement, is illegal, violates the rights, harms, or threatens the safety of any person, or creates the potential for liability for us, our suppliers, service providers, partner companies, or any of our users or customers.
If Titles or Digital Albums are rejected or removed from the Site post publishing, we will send you an email notification to the email address associated with your Harp-School Artist Account.
6.6. Music in the Public Domain and other Non-Exclusive Content
While it is acceptable to arrange public domain music and submit it as a Title, we require that any new additions to our Site are arrangements that provide additional value that is not currently represented on our Site such as a level-specific arrangement or an arrangement in a style that is different from the original. If we determine that your arrangement does not provide enough unique value then we will reject your Title for publication and/or remove your Title from the Site.
6.7. Spam Policy – Prohibited Content
You shall deliver all files free and clear of viruses, worms or other potentially harmful code. You agree that you will not or shall not post, submit, or otherwise provide to the Site, any Prohibited Content. “Prohibited Content” means any content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (ii) bullies, harasses, or advocates stalking, bullying, or harassment, of another person; (iii) involves the transmission of “junk mail,” “chain letters,” unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, reproduces, performs, uses, incorporates, samples or distributes an illegal or unauthorized copy or derivative work of another person’s work that is protected by copyright or trade secret law; (vi) is involved in the exploitation of persons under the age of 13 in a sexual or violent manner; (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses and other harmful code; (viii) contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software; (ix) violates any applicable law, including, but not limited to laws and regulations governing unfair competition, anti-discrimination and false advertising; or (x) otherwise violates this Agreement or creates liability for Harp-School.
You must ensure that all content is in compliance with our Program terms and conditions and this Agreement at the time you submit it to us. If you discover that the content you have submitted does not comply, you must immediately withdraw the content by un-publishing it. You may submit a new version that complies with this Agreement. We are also entitled to remove or modify any content, including the metadata and product description you provide for your Title and/or Digital Album, for any reason, including if we determine at our discretion that it is Prohibited Content or otherwise does not comply with our content requirements.
7. Qualifying Products and Reporting
Digital Sheet Music Title
For a sale to qualify for a commission payment, the customer must purchase one or more of your Titles using our online ordering system and remit full payment to us. Customers who purchase your Titles are purchasing the right to view and download the sheet music Titles PDFs. If a customer cancels their order, we will remove that sale from your commission payment. We will track and process product orders placed by customers for your Titles.
For a sale to qualify for a commission payment, the customer must purchase one or more of your Digital Albums (Digital Albums/Song(s) in MP3/FLAC/ALAC) using our online ordering system and remit full payment to us. Customers who purchase your Digital Album are purchasing the right to play and download the MP3/FLAC/ALAC audio files. If a customer cancels their order, we will remove that sale from your commission payment. We will track and process product orders placed by customers for your Digital Albums.
We will make available to you reports summarizing your sales activity when a transaction occurs. The form and content of the reports may vary from time to time at our discretion. We will not provide reports of your sales unless you request it. You can request your sales activity reports by sending an email at [email protected], and we will provide you with the report under 15 days.
8. List Price
You will provide a list price (“List Price”) for each Title and Digital Album you submit. The current List Price policies are as follows:
The List Price will be in US dollars (USD).
The List Price will exclude all other costs associated with an order.
If we offer your Titles for sale in another currency (the “Sale Currency”) other than USD, we may convert the List Price to the Sale Currency at an exchange rate we determine, and periodically update the converted List Price in order to reflect current exchange rates.
There is a minimum List Price for Titles and Digital Albums :
Minimum Sheet Music Title pricing starts at $1.99.
Minimum Digital Album pricing starts at $4.99.
There is a maximum List Price for Digital Albums: $19.99
You will earn commissions, which shall be the full and complete consideration for the rights granted hereunder, based on the Sale Price of Titles and Digital Albums according to schedules we establish. Sale Price is the List Price minus any promotional discounts issued by Harp-School. You grant permission to Harp-School to discount your Titles when opportunities arise to promote and potentially increase the sales of your Titles. The current Commission schedule is as follows:
Unless otherwise indicated, you will earn:
- 60% of the Sale Price in USD for your Sheet Music Titles.
- 70% of the Sale Price in USD for your Digital Albums.
9.2 Payout and Schedule
Commission payments will be made in USD via Paypal, Stripe, Bank Transfer or Harp-School Gift Certificate. If you change your payment method, the change will be effective with the next payment.
Here is the payment schedule for each of our payment method options:
PayPal: Your commission will be paid instantly to your PayPal account when a buyer purchases one of your items. Paypal takes a fee on your commission payment, see PayPal’s website for an up to date PayPal fee amount (for your reference, PayPal fee is currently 3,5%+0,25c).
You will need to have a Paypal account, and provide us with your Paypal account email. Depending on your country, you will need to manually withdraw the money from your Paypal account to your bank account.
Stripe / Bank Transfer: We will pay commissions monthly approximately 30 days following the end of the calendar month in which they are earned. We will send you payment for the commissions earned on products that were purchased during that month.
Bank Transfer only: If the commissions payable to you for any month are less than $20.00, we will hold those commissions until the total amount due is at least $20.00.
Stripe: you will need to have a Stripe account, and provide us with your Stripe account email.
Bank Transfer: you will need to provide us with your bank account’s IBAN / BIC information.
Commissions will be paid net of refunds, bad debt, and any taxes charged to a customer or applied with respect to sales to a customer.
All commissions may be reversed for violation of the Program terms or breach of this agreement. If thereafter your Titles and/or Digital Albums accrue no commissions during the following month, we will send you a bill for the overpayment.
All commissions and/or accompanying statements will be binding and deemed acceptable by you if not challenged within one (1) year of issuance.
10. Customer Policies
Customers who buy products through this Program will be deemed to be customers of Harp-School. Accordingly, all Harp-School rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time.
We are solely responsible for processing payments, payment collection, requests for refunds and related customer service, and will have sole ownership and control of all data obtained from customers and prospective customers in connection with the Program.
Harp-School is responsible for collecting and remitting any and all sales taxes imposed on their respective sales of Titles and Digital Albums to customers. You are responsible for any income or other taxes due and payable resulting from payments to you by Harp-School under this Agreement.
12. Grant of Rights
You grant to Harp-School, throughout the term of this Agreement, a nonexclusive, sublicenseable, irrevocable, worldwide right and license to:
(a) reproduce and store Titles and Digital Albums on one or more computer facilities, and reformat, convert and encode Titles and Digital Albums;
(b) display, perform, market, transmit, reproduce, distribute, sell and otherwise digitally make available all or any portion of Titles and Digital Albums through Harp-School and its Site, including to permit customers and prospective customers to download, access, print, and/or view online, including on portable and remote devices, the Titles and to download, access and perform, including on portable and remote devices, the Digital Albums;
(c) permit customers to “store” Titles and Digital Albums that they have purchased from us on servers (“Virtual Storage”) and to access, display, perform and transmit such Titles and Digital Albums from Virtual Storage from time to time both during and after the term of this Agreement;
(d) display, perform, transmit and distribute portions of Titles and Digital Albums, such as first page or pages of music or sound samples of an MP3, for the purposes of marketing, soliciting and selling the Titles (refer to 6.4);
(e) use, reproduce, adapt, modify, and distribute, as we determine appropriate, in our sole discretion, any content, art, and metadata that you provide in connection with your Titles and Digital Albums;
(f) to reproduce and use your name, likeness, image(s) and voice and the name of your band (if any) on or in connection with the Site and the distribution of your Titles and/or Digital Albums, and in any and all promotional or advertising material related to such use;
(g) transmit, reproduce modify, and otherwise use (or cause the reformatting, transmission, reproduction, and/or other use of) your Titles and Digital Albums as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g., caching to enable display); and
(h) distribute your titles and Digital Albums in all digital formats by all digital distribution means available.
You grant us the rights set forth in this Section 12 on a worldwide basis. If you do not have the world rights to your Titles or Digital Albums, then we will not be able to offer them on Harp-School and you may not submit them to our Site. By participating on the Site, you agree that you have the world rights to your Titles and Digital Albums.
13. Representations, Warranties and Indemnities
You represent and warrant that:
(a) you have the full right, power and authority to enter into and fully perform this Agreement and will comply with the terms of this Agreement;
(b) you own or otherwise have the all of the rights necessary to grant us the rights and licenses granted in this Agreement and you have and will have the right to grant the licenses granted herein, free and clear of all liens, restrictions, charges, claims and encumbrances, including from any record label;
(c) neither the exercise of the rights authorized under this Agreement nor any materials embodied in the content, Titles or Digital Albums, nor its sale or distribution as authorized in this Agreement will violate or infringe upon the intellectual property, proprietary or other rights of any person or entity, including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights, or contain defamatory material or violate any laws or regulations of any jurisdiction;
(d) you will ensure that all Titles and Digital Albums delivered under the Program comply with the technical delivery specifications provided by us and do not contain any Prohibited Content;
(e) you will be solely responsible for accounting and paying any co-owners, co-administrators, artists, producers and other commission participants of any Titles or Digital Albums or portion thereof any commissions with respect to the uses of the content and their respective shares, if any, of any monies payable hereunder;
(f) you will obtain and pay for any necessary clearances and licenses for all Digital Albums, including (i) all mechanical commissions payable to publishers and/or authors or co-authors of copyrighted musical compositions embodied in Digital Albums from sales, performances or other uses of Digital Albums, (ii) all payments that may be required under collective bargaining agreements applicable to you or third parties, (iii) all rights to record all artists appearing on the Digital Albums; and (iv) any other commissions, fees and/or sums payable with respect to the Digital Albums;
(g) Harp-School and its licensees shall not have any obligations to any third parties arising out of their use of the Titles or the Digital Albums including, without limitation, to any union or guild, any performing rights society or for any statutory license (including, but not limited to, ASCAP, BMI, SESAC, SACEM,etc.).
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Harp-School, its directors, employees, affiliates, licensees, subcontractors and assigns from and against any loss, claim, liability, damage, action or cause of action (including reasonable attorneys’ fees) that arises from any breach of your representations, warranties or obligations set forth in this Agreement. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing.
14. Ownership and Control
This Agreement does not grant you any license or other rights to any intellectual property or technology owned or operated by us or any of our affiliates, including, without limitation, any trademarks or trade names. Nothing in this Agreement restricts any rights we may have under applicable law or a separate permission.
15. Force Majeure
Harp-School will not be liable to you for any failure or delay in the performance of its obligations hereunder caused by any event or circumstance beyond its control, including, but not limited to, denial-of-service attacks, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, and labor conditions.
16. Relation of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or make any representations on our behalf. You will not make any statement that would contradict anything in this Section.
17. Limitation of Liability
We will not be liable for indirect, special, punitive or consequential damages or any loss of revenue, profits or data arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such. Any remedies you may have against us in connection with this Agreement shall be limited to the right to recover damages, if any, in an arbitration proceeding as set forth below, and you waive any right or remedy in equity. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under this Agreement for the 12-month period preceding any claim.
You acknowledge and agree that Harp-School cannot ensure that your Titles and Digital Albums will be protected from theft or misuse or that customers will comply with any content usage rules Harp-School may make applicable in connection with the use of Digital Sheet Music and Digital Albums, and Harp-School will have no liability arising from a failure of any security system or procedure or any of customer to comply with any content usage rules. Harp-School relies on complex systems and processes. We strive to make our systems and processes error-free and efficient, but we cannot guarantee that they will be and we will have no liability arising from system or process failures, interruptions, inaccuracies, errors or latencies.
We make no express or implied warranties or representations with respect to the site, program or any products sold through the site or the program including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
19. Independent Investigation
You acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
20. Dispute Resolution
These Terms and Conditions are subject to French law. Any disagreement or dispute which is not resolved by mutual agreement falls within the exclusive competence of the Courts of Perpignan, France, even in case of multiple defendants or introduction of third parties. Given the international dimension of the Internet, Harp School reminds the User that the User must comply with all the mandatory rules and public policy applicable in the country where the User resides.
This Agreement shall be governed by and construed solely and exclusively in accordance with France laws, without giving effect to any law that would result in the application of the law of another jurisdiction.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent, but we may assign this Agreement without restriction. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. This Agreement may be freely assigned and/or transferred by Harp-School, including by change of control, merger, operation of law or otherwise. This Agreement constitutes the entire agreement between you and us regarding the subject hereof. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
21. Copyright Takedown Notices
Harp-School takes copyright protection very seriously. Every title we sell on Harp-School has been provided by an organization or person that has claimed the right to sell the title being offered.
It is the Company’s policy to terminate the account of any User who repeatedly infringes copyright upon prompt notification to the Company by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Company Properties in a way that constitutes copyright infringement, please provide Harp-School with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Company Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for notice of claims of copyright infringement is as follows: [email protected]
In the case of a valid DMCA copyright takedown notice as outlined above, Harp-School reserves the right to provide the contact email address of the User who has been served the takedown notice to the copyright holder.