Sample License Agreement

BUTTR SAMPLE LICENSE AGREEMENT

This BUTTR Sample License Agreement (“Agreement”) governs your use of any audio sample, loop, composition, stem, sound recording, or related material purchased or downloaded through the BUTTR website (each, a “Sample”). By purchasing, downloading, or using a Sample, you (“User”) agree to the terms below.

1. Grant of License
   Upon payment of the applicable fee (“License Fee”), BUTTR grants User a non-exclusive, non-transferable, perpetual license to incorporate the Sample into new musical works created by User (“Recordings”). This License permits User to modify, reproduce, and publicly exploit the Sample only as incorporated within a Recording and subject to all restrictions in this Agreement. All Recordings are considered derivative works of the underlying Sample.

2. Permitted Uses (Independent Releases Only)
   User may incorporate a Sample into Recordings that are:
   (a) released independently (e.g., self-distributed singles, mixtapes, beat tapes);
   (b) not released or exploited by any major distributor, major record label, or qualifying independent label; and
   (c) have generated less than one million (1,000,000) cumulative streams across Spotify, Apple Music, YouTube, and any comparable DSPs.

   For such independent uses, no additional fee, royalty, or clearance is required beyond the License Fee.

3. Restrictions:
   User may NOT:

1. use the Sample in isolation, including as sound effects, standalone loops, or source material for new sample packs;
2. upload, sublicense, resell, share, loan, broadcast, rent, or otherwise redistribute and Sample except as embedded in a Recording;
3. use, advertise, or market the Sample in a manner that directly competes with BUTTR’s sample products or services;
4. include a Sample in any sample pack, loop library, preset bank, production toolkit, or similar product;
5. use the name, image, likeness, brand, or identity of any BUTTR creator (e.g., Kevin
   “Kofo” Ekofo, Ashton Sellars, etc.) without written consent.

4. Commercial Releases Requiring Clearance
   User must obtain formal sample clearance from BUTTR before commercially exploiting any Recording that:

1. is released or distributed by a Major Record Label or a Qualifying Independent Label;
2. is placed in film, TV, advertising, games, or other commercial media; or
3. has exceeded one million (1,000,000) cumulative streams across Spotify, Apple Music, YouTube, and comparable DSPs.

To clear such use, User must:

1. contact BUTTR for clearance instructions;
2. agree to a publishing split and master royalty allocation, typically including:
   - no less than 50% publishing ownership in favour of BUTTR and the relevant creators;
   - a producer credit for BUTTR and the individual Sample creator(s);
   - a commercially reasonable advance, if applicable;
3. ensure all metadata, liner notes, and credits reflect BUTTR’s creators appropriately.

5. Definitions

1. Major Record Label: Any label, distributor, parent, subsidiary, or affiliate of Sony Music Entertainment, Universal Music Group, or Warner Music Group, or any entity distributed by them.
2. Qualifying Independent Label: Any independent label or distributor whose releases have either (i) exceeded 100,000 streams in any calendar month or (ii) exceeded one million (1,000,000) cumulative streams across DSPs.
3. Recordings: New musical works created by User that incorporate a Sample.
4. Sample: Any sound recording, composition, loop, or related material provided by BUTTR.

6. Ownership
   All rights, title, and interest in and to the Samples (including underlying compositions and sound recordings) remain exclusively with BUTTR and the original creators. User acquires no ownership by purchasing or using a Sample.

7. Prohibited Exploitation & Termination
   Any use of a Sample outside the scope of this Agreement automatically terminates the License. Unauthorized use may result in legal action, takedown notices, royalty back-payments, and damages.

8. Credit Requirement
   For all commercial exploitations requiring clearance, User must credit:
   “Produced using BUTTR Samples – [Creator Name]”
   in all metadata, liner notes, advertising materials, and public descriptions where credits customarily appear.

9. No Waiver of Rights
   BUTTR’s failure to enforce any provision of this Agreement does not constitute a waiver of its rights.

10. Governing Law
    This Agreement is governed by the laws of Ontario, Canada, without regard to conflict-of-law principles.

11. Contact for Clearance
    To clear a Sample for commercial use, please contact:
    admin@buttrfx.com