ARTIST AGREEMENT This Artist Agreement (hereinafter the “Agreement”) contains the terms and conditions for submitting your design, including any artwork or other materials submitted, (hereinafter the “Design”) to Money Line, a California corporation (“Money Line”). Please read this Agreement carefully.
"You" means you individually, and if you are accepting these Terms on behalf of a company or other legal entity, that legal entity. You represent and warrant that you are at least 18 years of age and, if you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind such legal entity. IF YOU DO NOT MEET THESE REQUIREMENTS OR DO NOT AGREE TO THESE TERMS OR THE PRIVACY POLICY, YOU MAY NOT CREATE AN ACCOUNT OR USE THE MONEY LINE SERVICES.
1. Limited License You Grant to Money Line.
1.1 When you submit your Design to Money Line, you grant Money Line a nonexclusive, royalty free (except for the commissions set forth later in this Agreement), perpetual, worldwide, transferable license authorizing Money Line to use, reproduce, modify, adapt, publish, translate, advertise, promote, import, create derivative works from, distribute, display (in whole or part), and to incorporate it in other products or works in any form, media, or technology now known or later developed, whether for commercial or marketing purposes or otherwise, and to distribute in connection with your Design, your name and other personal information that you provide to us.
1.2 Under the terms of the foregoing license, Money Line may, at its sole discretion, select your Design to print, have printed, sell, ship, have shipped, or distribute to customers t-shirts, mugs, or other products being sold on the website using or bearing your Design. In addition, under the terms of the foregoing license, Money Line may, at its sole discretion, display the Design so selected on Money Line’s website or other associated social media forum and print, have printed, sell, ship, have shipped, or distribute to customers t-shirts using or bearing the Design so selected. The foregoing license also authorizes Money Line to reproduce, distribute, and display your Design on Money Line’s website or other associated social media forum(s) and in advertising and promotional materials related thereto. You further acknowledge that third-party users of Money Line’s website or other associated social media forum may publicly comment on or criticize your Design. You acknowledge, however, that Money Line is not obligated to utilize your Design under this license in any way. For avoidance of doubt, Money Line may display and sell t-shirts bearing your Design on Money Line’s website and also remove or disable access to such Design on Money Line’s website at any time at Money Line’s discretion, unless otherwise provided in this Agreement.
1.3 If Money Line elects to sell any apparel or products using or bearing your Design on Money Line’s website, you may request that Money Line discontinue selling your Design by giving Money Line 30 days’ written notice. You acknowledge that Money Line may print, have printed, sell, ship, have shipped, or distribute to customers t-shirts using or bearing your Design in fulfillment of orders by customers for such t-shirts that are placed within a 30-day period following receipt of such notice. You also acknowledge that Money Line may continue to take and fulfill orders for t-shirts or other products using or bearing your Design after expiration of the 30-day period by selling, shipping, having shipped, or distributing such t-shirts in order to deplete existing inventories of such t-shirts. Money Line will continue to pay you commissions based on the royalty structure provided herein on t-shirts or related products shipped to customers, under the terms of this Agreement, after receipt of said notice.
1.4 You agree that you will not sell or license any part of your Design to Money Line in a way that would impair or restrict Money Line from fully using the license you have granted to us.
2. You Keep the Copyrights.
2.1 Money Line acknowledges that you continue to own all copyrights to your Design, subject to the license granted in these terms and conditions and any other provisions herein. You acknowledge that customers who own a lawfully made copy of your Design may sell or otherwise dispose of the copy.
3. Rights of First Negotiation
3.1 After you submit your Design to Money Line, Money Line may, in its sole discretion, send you constructive input regarding how to modify the Design to be more acceptable for selection by Money Line. In the event that you create a second design that modifies or otherwise changes the Design based on the content of Money Line’s constructive input (“Second Design”), you hereby agree that (1) you shall promptly notify Money Line in writing of the creation of such Second Design; and (2) grant Money Line the option to enter into a nonexclusive license for the Second Design under mutually acceptable terms and conditions before you assign, license, offer to license, or offer to assign the Second Design to a third party. If Money Line decides, in its sole discretion, to exercise the option, Money Line will notify you in writing within thirty (30) business days of receipt of the notice of creation of the Second Design.
3.2 In the event that you receive an offer to license the Design from a third party, you hereby agree that you shall promptly notify Money Line of such offer in writing. Money Line shall have ten (10) business days following the date you first present Money Line such offer to decide whether to negotiate an agreement to exclusively license the Design from you. If Money Line desires to negotiate such an agreement, Money Line shall, within said ten (10) business day period, deliver to you written notice thereof. Promptly after receipt of such notice, the parties shall commence negotiations for a period not to exceed 30 days after the date of Money Line’s notice to you. If Money Line does not provide notice within said ten (10) business day period, or if you and Money Line do not enter into a legally binding, written agreement for the exclusive license of the Design within said 30 day period, you shall be free to enter into an agreement with the third party.
3.3 Before you may sell your Design to a third party, you shall first offer the Design to Money Line in writing. Money Line shall have ten (10) business days following the date you first present Money Line such offer to decide whether to negotiate an agreement for the purchase of the Design from you. If Money Line desires to negotiate such an agreement, Money Line shall, within said ten (10) business day period, deliver to you written notice thereof. Promptly after receipt of such notice, the parties shall commence negotiations for a period not to exceed 60 days after the date of Money Line’s notice to you. If Money Line does not provide notice within said ten (10) business day period, or if you and Money Line does not enter into a legally binding, written agreement for the purchase and sale of the Design within said 60-day period, you shall be free to enter into an agreement with the third party on terms (considered as a whole) no more favorable to the third party than you offered to Money Line.
4. Payment Terms
4.1 Money Line will pay you via PayPal, or another method that Money Line selected. You agree that Money Line is not required to pay commissions or royalties to you for any t-shirt or other products that a customer does not pay for or that is returned. You agree that the payment amounts described above will be full and complete payment for the rights you grant to Money Line in this Agreement and that you are not entitled to receive any other amounts that Money Line may receive as payment from Money Line’s customers. Also, you agree that Money Line may use your Design on Money Line’s website or other associated social media forum or for other promotional purposes and you agree that such uses are royalty free. You agree that Money Line will not owe you any commissions, royalties, license fees, or other amounts for such uses. You agree to be solely responsible for all taxes of any kind or nature that arise due to payment of the commissions or royalties to you.
4.2 Instead of setting your pricing and profits, you will be paid the published profits on the sale of each of these products. For example, if a customer on the website purchases a t-shirt for $25.00, you as the artist will receive $2.50. If a customer purchases a t-shirt at $20.00, you as the artist will receive $2.50.
|
PRODUCT |
ROYALTIES |
|
All Men and Women Apparel |
$2.50 |
|
Baby Apparel |
$1.50 |
|
Drinkware |
$1.50 |
4.4 Payment to you shall be based on Net Revenue. Net Revenue means the gross revenue actually received by us for your Products, minus discounts, returns, refunds, redos, chargebacks, taxes and shipping revenue.
4.5 Track Your Earnings. When one of your prints or other products is purchased, it gets produced, packed and shipped while you get paid. Track your earnings in your Account (you get paid every 1st of the month via Paypal - with a 30 day per purchase grace period from date of shipment). Ex: if you sell something on Jan 15th, it ships on Jan 18th it will clear on Feb 18th and then you get paid on March 1st.
5. Information You Provide to Us
5.1 When you submit your Design to Money Line, Money Line may request personal information about you. If Money Line so requests, you further agree to provide personal information that is accurate, current, and complete.
6. Artwork Representation and Warranty
6.1 You represent and warrant that you are the sole author of the Design and that the Design is entirely your own original work and that your Design is distinct and different from other works.
6.2 You represent and warrant that you are either of the age of legal majority in your state, territory, province, country, or jurisdiction of residence or an emancipated minor.
6.3 You represent and warrant that the Design 1) is not prohibited by any applicable laws; 2) is not owned, in whole or in part, by any other person or entity; 3) does not defame, violate, or infringe the rights of another, including rights of publicity, personality, privacy, trademark, trade secret, patent, copyright, or any other intellectual property rights; and 5) is not obscene, pornographic, offensive, or objectionable. You also represent and warrant that you have the right to grant to Money Line the rights identified in this Agreement, and that such rights do not conflict with the rights of any other person or entity or your obligations to them.
6.4 You represent and warrant that, in the event your Design refers to the intellectual property rights of another, your Design is a new, original, and/or transformative work that parodies, satirizes, and/or provides social commentary on such intellectual property rights and your Design makes only fair use of such intellectual property rights. You agree to explain the instance of parody, criticism, commentary, and/or satire in your Design via an Artist Interview.
6.5 You agree to notify Money Line within one (1) business day if, after submitting your Design, you become aware that the Design defames, infringes, or otherwise violates the rights of another, including the trademark, trade secret, patent, copyright, right of publicity, privacy, or any other intellectual property right of another. You agree to submit to Money Line all information of which you are currently aware suggesting that your Design defames, infringes, or otherwise violates the rights of another. You specifically agree to notify Money Line when you submit your Design of any allegation of which you are aware that your Design infringes the intellectual property rights of another. If, after submitting your Design, you become aware of information suggesting that your design defames, infringes, or otherwise violates the rights of another, you agree to submit such information to Money Line within one (1) business day. You specifically agree to notify Money Line within one (1) business day of any allegation of which you become aware that your Design infringes the intellectual property rights of another. You also agree to notify Money Line within one (1) business day if, after submitting the Design, you license rights in the Design to another such that the rights identified in this Agreement conflict with the rights of another or your obligations to them.
6.6 Money Line reserves the right, in its sole discretion, at any time to return or take down, remove, or disable access to your Design on Money Line’s website in the event Money Line becomes aware that the Design does, is suggested to, or is alleged to defame, infringe, or otherwise violate the rights of another, including the trademark, trade secret, patent, copyright, right of publicity, privacy, or any other intellectual property right of another.
7. Indemnity
7.1 You agree to indemnify, defend and hold harmless Money Line and its employees, representatives, and agents, from any and all expenses, damages, costs, and liabilities including reasonable attorneys’ fees and litigation expenses, arising from or related to any claims, demands or proceedings initiated by any third party due to or arising out of your acts or omissions, including claims arising out of your breach of a warranty that you make in this Agreement. You specifically agree to defend, hold harmless and indemnify Money Line from any claims, damages, losses or liabilities (including payment of reasonable attorneys’ fees, costs, and litigation expenses) arising from any claims that the Design has violated the intellectual property rights of others.
7.2 You also agree to indemnify Money Line for any other liabilities associated with later acts by you or your representatives in connection with the Design, including any attempt to disaffirm this Agreement at any point in the future. You agree that you and all of your legal guardians and representatives will be bound by all provisions contained in this Agreement.
7.3 You also understand and agree that Money Line cannot control the use that Money Line’s customers make of Money Line’s t-shirts, Money Line’s website or other associated social media forum, or other items that may contain your Design. If a Money Line customer or a third-party user of Money Line’s website or other associated social media forum violates Money Line’s rights or your rights, or claims are brought against you due to the conduct of a customer or third-party user of Money Line’s website or other associated social media forum, you agree to look solely to the customer or third-party user for damages or indemnity arising from or related to such uses or claims. You agree that Money Line has no obligation to monitor the use of or content of any t-shirts, artwork, or other items made available or otherwise displayed on Money Line’s website or other associated social media forum, and Money Line will have no liability to you for Money Line’s failure to do so.
8. Liability Limitation
8.1 YOU AGREE THAT, IN THE EVENT OF ANY DISPUTE REGARDING YOUR DESIGNS, ARTWORK OR OTHER MATERIALS YOU PROVIDE TO US, ANY MONEY LINE LIABILITY SHALL BE LIMITED TO UNPAID COMMISSIONS OR ROYALTIES, IF ANY, OWED TO YOU PURSUANT TO THE TERMS OF THIS AGREEMENT. YOU AGREE THAT YOU WILL NOT BE ENTITLED TO TERMINATE OR RESCIND THIS AGREEMENT, OR TO SEEK EQUITABLE OR INJUNCTIVE RELIEF, OR TO ENJOIN, RESTRAIN OR OTHERWISE INTERFERE WITH THE EXERCISE OF THE LICENSES GRANTED IN THIS AGREEMENT. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEYS’ AND LEGAL FEES, OR TO INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
8.2 You acknowledge that the Money Line shall not be responsible if an order of a t-shirt or other related products using or bearing your Design cannot be implemented or if a commission or royalties cannot be paid due to acts of God, acts of war, strikes, governmental action, natural disasters, weather, acts of terrorism, discovery of a virus, computer problem, unauthorized intervention, human error or other error corrupting the administration or security of customers’ orders, or infringement or alleged infringement by your Design of the intellectual property rights of another. You acknowledge that Money Line makes no representation or guarantee, expressed or implied, in fact or in law, with respect to any order or commission or royalties and specifically disclaim all such warranties, including, without limitation, any warranty of merchantability or fitness for a particular purpose. You agree that any and all disputes, claims, and causes of action arising out of or in connection with your Design shall be resolved individually, without resorting to any form of class action.
9. Money Line’s Trademarks and Copyright
9.1 You agree that the Money Line trademark and related marks used on the Money Line web site and in Money Line’s t-apparel, products and other related products are trademarks of Money Line and are solely owned by Money Line. Except for designs and artwork provided by you, as between you and Money Line, all media, artwork, software, text, images, graphics, user interfaces, music, videos, photographs, trademarks, logos, artwork and other content on the Money Line site, including but not limited to the design, selection, arrangement, and coordination of such Content on the site is owned or licensed by Money Line, and is protected by copyright, trade dress, and trademark laws, and various other intellectual property rights laws.
9.2 Further provided that such use must immediately cease upon Money Line’s written request.
9.3 Except as expressly provided in this Agreement, no part of the site and no Content may be reproduced, recorded, retransmitted, sold, rented, broadcast, distributed, published, uploaded, posted, publicly displayed, altered to make new works, performed, digitized, compiled, translated or transmitted in any way to any other computer, website or other medium or for any commercial or other purpose, without Money Line’s prior express written consent. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trade secrets, trade dress, rights of publicity or trademarks with respect to any of the Content, and Money Line reserves all rights not expressly granted in this Agreement.
10. Transferability
You agree to notify Money Line within one (1) business day if you sell, assign, or otherwise transfer the Design, in whole or in part, to another. The parties’ obligations to each other under this Agreement will continue in full force following such transfer.
You agree that Money Line may, at any time without notice to you, assign, sell, or otherwise transfer all of Money Line’s rights under this Agreement to any person or entity that Money Line chooses, including any person or entity that acquires Money Line’s business or any portion of it. The parties’ obligations to each other under this Agreement will continue in full force following such transfer.
11. Resolution of Disputes
If a dispute arises between you and Money Line, you and Money Line agree that the parties will resolve any such claim (a "Claim") in accordance with one of the subsections below or as Money Line and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to these Terms or your use of the Money Line Services must be filed within one (1) year after the claim or cause of action arose.
Law and Forum for Disputes - These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within the State of California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Money Line must be resolved by a court located in the state of California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within the state of California for the purpose of litigating all such claims or disputes and waive any objection to such jurisdiction, including forum non conveniens.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, it shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions (the specific manner shall be chosen by the party initiating the arbitration); b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Improperly Filed Claims - All claims you bring against Money Line must be resolved in accordance with this Resolution of Disputes Section. All claims filed or brought contrary to the Resolution of Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Resolution of Disputes Section, Money Line may recover attorneys' fees and costs up to the greater of (i) its actual attorneys' fees and costs; and (ii) $1,000, provided that Money Line has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You may not assign or transfer your rights or obligations under these Terms. Any purported transfer or assignment in violation of the foregoing will be invalid. We may assign these Terms and our rights and obligations under them upon notice to you in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure or delay to exercise or enforce any right or provision of these Terms or any rights under applicable law shall not constitute a waiver of any of those provisions or rights.These Terms may not be otherwise amended except in a writing signed by you and Money Line.
These Terms, including without limitation, the Privacy Policy which is incorporated herein by reference, set forth the entire understanding and agreement between you and Money Line with respect to the subject matter hereof.
Notice for Users in California
Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.You may contact us at Money Line, 401 Wilshire Blvd. Suite 1200 Santa Monica California US 90401.
12. By clicking “I AGREE,” you acknowledge that you have read and accept this Agreement in its entirety. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such entity to this Agreement.
