Thank you in advance for submitting your sample artwork ("Artwork") to Ink-Hound, Inc. ("Ink-Hound"). This Agreement details the terms and conditions between Ink-Hound and you ("Artist") concerning your submission of Artwork to Ink-Hound.
1. Consideration of Artwork.Artist grants Ink-Hound a 90-day exclusive right to review and consider the Artwork. During this 90-day period, Artist shall not use the Artwork for any commercial use. All materials sent to Ink-Hound will be treated as non-proprietary and non-confidential.
2. No Obligation. Use of the Artwork by Ink-Hound is at Ink-Hound's sole discretion. Ink-Hound is under no obligation to use the Artwork at all, or to use the Artwork in any specific manner or for any specific period or duration of time. Art used on shirts for sale is solely selected by Ink-Hound.
3. Term of Agreement.
- 3.1 This Agreement terminates 90 days from the submission of the Artwork. If during that 90-day period Ink-Hound disclaims any interest in using the Artwork, the Agreement is terminated. If this Agreement is terminated during the initial 90-day period, neither Artist nor Ink-Hound shall retain any obligations under Sections 6, 7, or 8 of this Agreement.
- 3.2 If during the 90-day period Ink-Hound informs Artist of Ink-Hound's intent to use the Artwork, then this Agreement becomes perpetual unless subsequently terminated by Ink-Hound after the sale of such artwork.
4. Copyright Ownership.Artist retains copyright ownership of the Artwork submitted 90 days after art submission or 7 days after the completion of the sale of a winning design.
5. Grant of Rights. Artist grants Ink-Hound an exclusive, perpetual, irrevocable, transferable, world-wide, right and license to use, reproduce, print, publish, publicly display, transmit, market, sell, distribute, and sublicense the Artwork in all forms and media now known or hereafter developed during the 90 day period. Ink-Hound may make or authorize non-substantive changes to the Artwork to prepare it for production use.
6. Non-competition.
Artist shall not use the Artwork in any manner with the sole exception that Artist may display or incorporate the Artwork in a personal portfolio or collection for promotional purposes related to Artist's work during the 90 day period or for 7 days following the winning art sale.
7. Artist Compensation.
Ink-Hound shall pay Artist a flat fee of $2.00 per piece of Apparel sold. Example, during the sale period for the piece of art, 943 shirts sell. The artist will receive a commission check of $1,886 no later than 15 days after sale date.
8. Specific Hat Submission Terms.
If artwork is chosen to be the winning hat design, the artist grants Ink-Hound the right to sell and distribute the entire inventory of the first and only run of that design. This includes pieces of that run sold after the 7 day window after the completion of the sale. The Artist regains rights to the design and will still earn $2 commission for every item sold. For example, if 250 hats sold during its initial sale on the front page and Ink-Hound produced 300 in the first and only run of the design, Ink-Hound has the right to sell the remaining 50 hats. The Artist will receive $500 in commission for the initial sale and then will earn $2 for each of the 50 remaining hats sold after that point.
9. Independent Contractor; Payment of Taxes. Artist is an independent contractor and is solely responsible for, and shall pay when due, any fees and/or dues, or contributions due to any unions or guilds, all estimated tax, withholding, social security, disability, unemployment, self employment, and other taxes imposed on Artist by the U.S. government or any state or local tax jurisdiction.
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10. Credit.Ink-Hound shall provide Artist with appropriate credit in the Artwork, at Ink-Hound's discretion.
11. Artist Representations.. Artist represents and warrants that he/she has the right to enter into this Agreement, that the Artwork is original and has not been previously used commercially, and shall not infringe upon or violate any copyright, or any other personal or proprietary right of any kind of any third party. Artist indemnifies Ink-Hound, its officers, directors, employees, successors and assigns, against any and all losses, expenses (including attorney's reasonable fees), or damages arising out of any breach of Artist's warranties, representations, and obligations hereunder. This paragraph shall survive the expiration or termination of this Agreement for any reason.
12. Termination.Ink-Hound may terminate this Agreement for any reason immediately upon written notice to Artist. If Ink-Hound terminates this Agreement for any reason other than Artist's breach of the Agreement, Artist shall be entitled to retain the amounts paid to Artist up to the date of such termination and shall not be entitled to any further compensation. If Ink-Hound terminates this Agreement as a result of Artist's breach of the Agreement, Artist shall return all amounts paid to Artist hereunder. Upon such repayment, all rights granted to Ink-Hound under this Agreement shall terminate, and Ink-Hound shall have no further obligation of any kind to Artist.
13. Ink-Hound may, but has no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
14. This Agreement is binding upon and inures to the benefit of the executors, administrators, heirs, and assigns of the Artist and Ink-Hound. Any notices permitted or required under this Agreement shall be deemed sufficient if sent via email to legal@Ink-Hound.com and email receipt is acknowledged by Ink-Hound. Ink-Hound shall communicate with Artist via email address provided by Artist. This Agreement represents the entire agreement between parties, and may not be modified or terminated other than by a writing executed by both parties. If one or more of the provisions contained in this Agreement is held invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. The waiver of any breach of any provision of this Agreement, regardless of the number or extent of such waivers, shall not be construed as a modification of this Agreement or as a waiver of any other breach of that provision or of any other provision of this Agreement. If, in the opinion of either party, the other has breached this Agreement, the such party shall notify the other in writing of that breach, which shall not be a ground for any action, claim, or proceeding unless the alleged breach has not been substantially cured within thirty (30) days after receipt of notice. In the event of Ink-Hound's breach, Artist may seek damages only; in no event shall the Artist be entitled to interfere with, enjoin, or otherwise restrain Ink-Hound's exclusive right to use and incorporate the Artwork on or in apparel, garments, and other items. This Agreement shall be interpreted according to the laws and in the state and federal courts of the State of Indiana, and both parties consent to the exclusive personal jurisdiction, and waive any objections to the venue, of such courts.
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