Terms of service for artists
ARTIST LICENSING AGREEMENT
This Artist Licensing Agreement (the “AGREEMENT”) is entered into effective this date, date of signing up for your artist account on our vendor portal and is an agreement between anyone signing up for this artist account (“ARTIST”) and HolyMowly (“PLATFORM”).
Scope of this Agreement. This Agreement applies to any graphics, digital assets, or digital images created or taken by Artist and delivered to the Platform (collectively known as “IMAGES”). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. This license provides the Platform with the limited right to reproduce, publicly display (online and offline), print, sell, and distribute the Images. Images used for any purpose not directly related outside of those terms must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing.
Relationship of the Parties: The parties agree that Artist is an independent contractor and that neither Artist nor Artist’s employees or contract personnel are, or shall be deemed to be, employees of Platform. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Images or any other deliverables prepared by Artist shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Platform are contractual in nature and are expressly defined by this Agreement.
Creation: The manner and method of creating any Image is solely at the discretion of the Artist and the Platform has no right to control Artist’s manner and method of performance under this Agreement. Artist will use his/her best efforts to: (a) ensure that the Images conform to Platform’s specifications; and (b) submit all Images to Platform in best quality.
Delivery: Artist may select delivery of designs in JPEG, PNG, or other standard formats requested by Platform at a resolution that both parties determine will be suitable for the Images as licensed. It is the Platform’s responsibility to verify that the Images are suitable for reproduction and that if the Images are not deemed suitable, to notify the Artist within five (5) business days. Artist’s sole obligation will be to replace the Images at a suitable resolution but in no event will Artist be liable for poor reproduction quality, delays, or consequential damages.
Credit: Platform agrees to recognize Artist as being the creator of the images by including Artist name and information within close proximity of the Images. Artist agrees to provide such information.
Royalties: Artist will be able to add his/ her own markup on top of our base price (our service cost + manufacturing fee) resulting in the selling price for our customers. The artist will be paid the difference between those two (selling price minus base price) on every sale, excluding shipping costs and taxes, made of their artwork by the Platform. Platform may offer discounts or promotion marketing events for its customers, and Artist understands and agrees that the royalty fee is of the final sale price.
The royalties shall be paid in full to the Artist on a monthly basis via his/her PayPal account, listed below by the Artist. The payout will take place during the first week of each month. Platform is not eligible for any fees imposed by PayPal during these payouts.
To ensure that Artist is aware when sales of their work have been made, Platform must provide Artist with the means of viewing online sales data. Artist must appreciate that the data of sales may take up to 14 days from the point of sale to become available. At the time of this agreement, the Platform’s business will still be in its early stages of development. As a result, Artist must appreciate that it may take some time for online sales to pick up (up to 12 months).
Payment Method: Artist agrees that all payments received from Platform shall be made via his/her PayPal account, provided by the Artist.
Duration: Upon signing this agreement, parties will be bound by its terms for 12 months beginning on the moment the artist has successfully created an account on the platform and is able to log in to the vendor portal. This agreement will automatically renew at the end of each term for a further term of 12 months unless either party gives the other written notice of termination.
Cancellation: If Artist wishes to cancel the contract at any other time throughout the 12 months period he/she must give notice of termination (via letter) 30 calendar days before they wish the contract to be terminated.
Exclusivity: This Agreement does not create an exclusive relationship between the parties. The Platform is free to engage others to perform services of the same or similar nature to those provided by Artist. Artist shall also be entitled to offer and provide services to others.
Transfer and Assignment: Platform may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties.
General Law/Arbitration: This Agreement sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the Province of Antwerp, Belgium. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in Antwerp, Belgium, and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.
IN WITNESS WHEREOF, the parties have caused this Artist Licensing Agreement to be duly executed as of the moment the artist signed up for a vendor account and therefore has accepted the Artist Licensing Agreement.