Artist Agreement
Updated on March 28, 2019
This Agreement contains the terms and conditions for submitting your design, including any artwork or other materials submitted, (hereinafter the “Design”) to Bullish Crypto Apparel Co. Please read this Agreement carefully.
Limited License You Grant to Bullish Crypto Apparel Co.
1.1
When you submit your Design to Bullish Crypto Apparel Co., you grant Bullish Crypto Apparel Co. a nonexclusive, royalty free (except for the commissions set forth), perpetual, worldwide, transferable license authorizing Bullish Crypto Apparel Co. 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, Bullish Crypto Apparel Co. may, at its sole discretion, select your Design to print and sell to customers t-shirts and other merchandise using or bearing your Design. In addition, under the terms of the foregoing license, Bullish Crypto Apparel Co. may, at its sole discretion, display the design selected on Bullish Crypto Apparel Co.’s website or other associated social media forum and print and sell to customers t-shirts or other merchandise using or bearing the Design selected. The foregoing license also authorizes Bullish Crypto Apparel Co. to reproduce, distribute, and display your Design on Bullish Crypto Apparel Co.’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 Bullish Crypto Apparel Co.’s website or other associated social media forum may publicly comment on or criticize your Design. You acknowledge, however, that Bullish Crypto Apparel Co. is not obligated to utilize your Design under this license in any way. To avoid any doubt, Bullish Crypto Apparel Co. may display and sell t-shirts bearing your Design on Bullish Crypto Apparel Co.’s website and also remove or disable access to such Design on Bullish Crypto Apparel Co.’s website at any time at Bullish Crypto Apparel Co.’s discretion, unless otherwise provided in this Agreement.
1.3
If Bullish Crypto Apparel Co. elects to sell t-shirts using or bearing your Design on Bullish Crypto Apparel Co.’s website, you may request that Bullish Crypto Apparel Co. discontinue selling your Design by giving Bullish Crypto Apparel Co. 30 days’ written notice. You acknowledge that Bullish Crypto Apparel Co. 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. Bullish Crypto Apparel Co. will continue to pay you commissions on t-shirts shipped to customers, under the terms of this Agreement, after receipt of said notice.
You Keep the Copyrights
2.1
Bullish Crypto Apparel Co. 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.
Commission
3.1
Bullish Crypto Apparel Co. will pay you a commission of $1.00 for each t-shirt sold using or bearing your Design are on sale at www.bullishcryptoapparel com.
Payment Terms
4.1
Commissions on qualifying t-shirt shipments resulting from a will be paid to you within 30 days of the end of the prior month’s sales.
4.2
Commissions on qualifying t-shirt shipments are paid monthly. At the end of each month Bullish Crypto Apparel Co. will determine the number of qualifying t-shirt shipments. The commissions on such qualifying t-shirt shipments will be paid to you within 30 days of the end of that month.
4.3
Bullish Crypto Apparel Co. will pay you via PayPal, or another method that Bullish Crypto Apparel Co. selects. You agree that Bullish Crypto Apparel Co. is not required to pay commissions to you for any t-shirt 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 Bullish Crypto Apparel Co. in this Agreement and that you are not entitled to receive any other amounts that Bullish Crypto Apparel Co. may receive as payment from Bullish Crypto Apparel Co.’s customers. Also, you agree that Bullish Crypto Apparel Co. may use your Design on Bullish Crypto Apparel Co.’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 Bullish Crypto Apparel Co. will not owe you any commissions, 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 to you.
Information You Provide to Us
5.1
When you submit your Design to Bullish Crypto Apparel Co., Bullish Crypto Apparel Co. may request personal information about you. If Bullish Crypto Apparel Co. so requests, you further agree to provide personal information that is accurate, current, and complete.
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 Bullish Crypto Apparel Co. 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 Bullish Crypto Apparel Co. 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 Bullish Crypto Apparel Co. 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 Bullish Crypto Apparel Co. 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 Bullish Crypto Apparel Co. within one (1) business day. You specifically agree to notify Bullish Crypto Apparel Co. 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 Bullish Crypto Apparel Co. 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
Bullish Crypto Apparel Co. reserves the right, in its sole discretion, at any time to return or take down, remove, or disable access to your Design on Bullish Crypto Apparel Co.’s website in the event Bullish Crypto Apparel Co. 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.
Limitation of Liability
7.2
IN NO EVENT SHALL BULLISH CRYPTO APPAREL CO., ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF YOUR USE OF, ACCESS TO, OR INABILITY TO USE THE BULLISH CRYPTO APPAREL CO. WEBSITE OR A LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF BULLISH CRYPTO APPAREL CO. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7.3
BULLISH CRYPTO APPAREL CO. ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DELAYED, LOST OR MISDIRECTED COMMUNICATIONS THROUGH THE BULLISH CRYPTO APPAREL CO. WEBSITE.
7.4
YOU SPECIFICALLY ACKNOWLEDGE THAT BULLISH CRYPTO APPAREL CO. SPECIFICALLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH ANY CLAIM THAT AN UNSOLICITED DESIGN SUBMITTED BY AN INDEPENDENT ARTIST HAS VIOLATED THE INTELLECTUAL PROPERTY RIGHTS OF ANOTHER.
Indemnity
8.1
You agree to indemnify, defend and hold harmless Bullish Crypto Apparel Co. 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 Bullish Crypto Apparel Co. 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.