Anti-Fraud Policy
For End-Users
Table of Contents:
1. Introduction
2. Definitions
3. Policy
4. How Tarabtronic Deals with It
5. What We Are Doing About It
6. How We Handle Suspected Fraud
7. Consequences of Fraudulent Use
8. Severity, Strike Policy, and Account Blocking
9. Withholding Royalties (“Escrow”) for Blocked Accounts
10. Takedowns
Introduction
For the purposes of this Policy, the “End User” refers to the individual or legal entity that has established a contractual relationship with Tarabtronic, having accepted the Terms of Use and providing content for distribution on Digital Streaming Platforms (DSPs). In this document, “We” or “Us” denotes Tarabtronic, the service provider.
This Anti-Fraud Policy outlines the guidelines and actions concerning End Users of our platform and services, defining what constitutes “Fraud” and setting out the consequences for fraudulent behavior.
Specifically, this Policy aims to:
1. Provide a clear definition of “Fraud” in the context of our services.
2. Emphasize our zero-tolerance stance towards fraudulent activities.
3. Clarify End Users’ responsibilities in preventing fraudulent actions.
4. Offer guidance on actions to be taken when fraudulent activity is suspected.
5. Specify the responsibilities for conducting investigations into fraud-related activities.
6. Ensure the protection of rights holders who may be affected by fraudulent activities.
This document is meant to offer guidance and should be read in conjunction with:
– The Privacy Policy
– Terms of Use
Definitions
– End User: The individual or legal entity in a contractual relationship with Tarabtronic, using the platform and providing content for DSP distribution.
– End User Account: Accounts owned and created by End Users.
– DSP: Digital Streaming Platforms, such as Spotify, Apple Music, and Tidal, or any other channel linked to Tarabtronic through a contractual relationship.
– MDFS: Monetization through Digital Fingerprinting Systems (e.g., YouTube Content ID, Facebook Rights Manager).
– Fraud: Any activity that violates the law, DSP policies, or Tarabtronic’s policies. This includes but is not limited to:
– Unauthorized use of copyrighted material (Copyright Infringement).
– Violation of ownership rights of legal right holders.
– Deceptive use of artist, band, or label names or artwork to mislead consumers (e.g., Musical Spam and Misleading Content).
– Use of automated digital bots or similar means to generate false clicks on payment-generating links (Click Fraud).
– Uploading distorted, silenced, or deceptive music to generate unauthorized revenue or other prohibited activities.
– Unlawful streaming and monetization of content in violation of DSP terms and conditions.
– Unauthorized monetization of content through MDFS.
– Royalties: Income corresponding to the original rightsholders, categorized as “legitimate royalties” or “illegitimate royalties” depending on whether they result from rightful or fraudulent content exploitation.
Policy
Fraud in any form is unacceptable and detrimental to Tarabtronic and the entire music industry. It has far-reaching consequences, including:
– Losses for Tarabtronic, DSPs, and other content creators.
– Potential damage to copyrights and reputation.
– Negative impact on Tarabtronic’s reputation and relationships with DSPs, affecting other End Users.
Our primary objective is to prevent and, if necessary, eliminate fraudulent usage of our services. Any indications of fraud will be thoroughly investigated and addressed firmly and systematically.
How Tarabtronic Deals with It
Most DSPs utilize algorithms and human resources to detect potential fraud, unauthorized or artificial streams, and abusive use of their services. When they identify fraudulent activity, they remove the content and inform Tarabtronic. DSPs may also withhold any income generated from suspicious activities.
What We Are Doing About It
We take proactive measures:
– Continuous monitoring and analysis of sales data to detect irregular activities.
– Fingerprinting our entire catalog and new tracks to prevent multiple uploads of the same song, “white noise,” or unauthorized content.
– Quality Control (QC) processes to identify misleading metadata and fraudulent activity.
How We Handle Suspected Fraud
When Tarabtronic detects or suspects unauthorized activity (e.g., bot-generated streams, click fraud, music spam, abusive MDFS usage), we follow these steps:
1. Issue a warning through our Strike Policy System.
2. Investigate the matter further.
3. In cases of confirmed fraudulent activity, apply a strike to the End User Account.
Consequences of Fraudulent Use
For End Users found in breach of the Terms of Use, Tarabtronic reserves the right to:
– Terminate the contractual relationship.
– Recoup any royalties generated from fraudulent use by withholding them from future payments.
End Users may also be held responsible for costs incurred by Tarabtronic or its providers in dealing with fraudulent activities.
Severity
, Strike Policy, and Account Blocking
Severity
We categorize detected issues into four severity tiers, with F0 being the most critical and F3 being less severe. The severity level is determined based on the nature and impact of the violation.
Strike Policy
When F1, F2, or F3 issues are detected, a strike is applied to the End User Account, and the following actions may be required:
– Completing information details in the “My Account” page.
– Providing identification documents.
– Providing artist profiles, website URLs, and social media profiles.
Strike Levels
– STRIKE 1: End User is informed. Questioned content is taken down. Warning of royalty payment delay on the 2nd strike and account block on the 3rd strike.
– STRIKE 2: End User is informed. Questioned content is taken down. Royalty payment delay: Any outpayment request is delayed by 3 months. Warning of account block and royalty retention for the 3rd strike.
– STRIKE 3: End User is informed. End User account is blocked. Entire catalog is taken down. Legitimate royalties are held in escrow for a minimum of 24 months, up to 5 years, following DSP policies and Spanish Civil Law. Illegitimate royalties are returned to DSP.
Account Blocking Policy
In cases of repeated violations of Terms of Use, this Anti-Fraud Policy, or agreements with DSPs, Tarabtronic may block the End User Account, leading to:
– Termination of the contractual relationship.
– Removal of the entire catalog.
– Inability to access Tarabtronic’s services.
– Holding legitimate royalties in escrow, as per DSP policies and Spanish Civil Law, until disputes are resolved.
Withholding Royalties (“Escrow”) for Blocked Accounts
Revenues associated with content that Tarabtronic believes violate the Terms of Use may be blocked and held in escrow for a minimum of 24 months, up to 5 years, in accordance with DSP policies and the Spanish Civil Law. This is done to:
– Facilitate refunds of illegitimate royalties per DSP requests.
– Address legitimate rights holder claims for withheld royalties.
Takedowns
Tarabtronic initiates takedowns of confirmed infringing content from End User Accounts, including content involved in F0, F1, F2, or F3 issues. In cases of F3 issues, takedowns may apply to the entire catalog at Tarabtronic’s discretion. DSPs may also take down content at their discretion.