DESIGNER’S LICENSE AGREEMENT
1. Description of the license agreement
The Designer assigns the license to Artsfighters to promote and sell the Artworks through Artsfighters on line shops on artsfighters.com and Instagram / Facebook pages, featured on a selected range of merchandising products (such as T- Shirts, Hoodie, Famed Posters, Posters and else) in exchange of fees (royalties) based on actual sales.
The Designer shall send the Artworks, in the format and high-resolution standards required from Artsfighters in order to meet clothing printing requirements.
Artsfighters will operate, through own and managed suppliers’ capabilities, all required activities to market, sell and distribute the apparel products featuring the Artworks, including: select and supply merchandise products, prepare mock up to be displayed in the Artsfighters on line shops, process the order and payment from customers, print the Artworks on merchandise and ship them to the customers, deal with any customer return and refund request and execution.
The parties expressly acknowledge that this Agreement does not create an exclusive relationship between the parties. Artsfighters is free to engage others to perform partnership and services of the same or similar nature to those provided by Designer and Designer shall be entitled to use the design for any personal or business reason including promotion or provide design licensing and services to others.
The Designer grant Artsfighters the right and license to display the Artworks for the purposes of promoting the Artworks and/or Artsfighters, including, without limitation, posting it on Artsfighters social media pages in Facebook, Instagram, Linkedin, Tik Tok and others, provided that name and authorship of the Designer will be always clearly stated and visible. Designer acknowledges that Artsfighters will define at its sole discretion the products offered for sale, the way to display the products on the on line shops and the related selling prices and may change or remove the products featuring the Artworks and the related selling prices at any time.
The agreement shall commence upon receipt of the Artworks in line with format and resolution requirements and shall be of an indefinite duration.
Designer can ask for permanent removal from Artsfighters on line shops of the products featuring the Artworks at any time with at least 7 days prior communication via email as specified in the header of hereby Agreement.
Either party can terminate this Agreement at any time with at least 7 days prior communication via email as specified in the header of hereby Agreement.
2. Ownership of the Artworks and Designer warranties
The Artworks are and will remain sole property of the Designer.
The Designer represent and warrant that the Artworks are own original work and does not contain any trademarks, logos, copyrighted material, content subject to right of publicity or privacy, or any other intellectual property belonging to any third party.
The Designer represent and warrant that the Artworks do not infringe any rights (including but not limited to copyright) of any third party.
Designer further represents and warrants that he is not bound by any exclusivity arrangements or other restrictive covenants by any other clients or customers which would prevent it from bounding this Agreement with Artsfighters. Designer agrees to indemnify, save and hold Artsfighters harmless from any and all damages, liabilities, costs, losses or expenses arising out of any finding of fact, which is inconsistent with Designer's representations and warranties made herein.
3. Designer compensation (royalty) and schedule of payments
The Designer assigns the license to Artsfighters of printing and selling the Artworks on a selected range of merchandise in exchange of fees (royalties) based on actual Net Sales, meaning full price paid from customers to Artsfighters excluding any incurring discount, additional shipping charges to customers and deducting any customer refund.
The commission amount is set at 10% of Net Sales as per above definition.
Artsfighters will share the sales report to Designer on a monthly basis and the payment will be executed when one of below condition is met:
1. Royalty amount to be paid to Designer is equal or greater than 50,00€ (fifty euros)
2. Time from last payment to Designer or from start from hereby agreement is equal or more than 6 months
3. Agreement termination
ARTSFIGHTERS will share with Designer (via the email or through specific log in page), within the end of the first 7 days from the beginning of each month, a dashboard showing the actual sales in units and net amount, along with the calculation of the royalty to be paid from ARTSFIGHTERS to the Designer. Sales report will be shared only in case of actual sales.
The royalty to be paid will be calculated on the net sales occurring in the second past month before the report issue in order to consider any customer refund to be deducted from the gross sales.
Designer alone will be responsible for the payment of any tax that arises as a result of receiving any payment from Artsfighters, its subsidiaries, related companies, partners, or licensors.