Terms & Conditions for Artists
1) You represent, warrant, and covenant that (a) you own or otherwise possess all necessary rights with respect to the Content, (b) the Content do not and will not infringe, misappropriate, use, or disclose without authorization, or otherwise violate any intellectual property or proprietary right of any third party, and are not unlawful, fraudulent, threatening, abusive, libellous, defamatory, obscene, or otherwise objectionable, (c) Visualtroop reserves the right to reject any Content submitted should it be deemed unsatisfactory by Visualtroop and (d) you consent to the use of your likeness and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in Content to use such individual’s likeness, for purposes of using and otherwise exploiting the Content in the manner contemplated by these Terms and Conditions or, if any such identifiable individual is under the age of eighteen, you have obtained such written consent, release and/or permission from such individual’s parent or guardian.
2) You will grant Visualtroop the rights to manufacture, distribute and sell Products that include your Content and Visualtroop may request certain specifications for the Content to ensure it is suitable for production. You own all and retain all rights in your Content and henceforth, you do not need to seek the permission of Visualtroop should you decide to transfer the copyright of your Content to a third party.
4) SALES FEES AND COMMISSION: You will receive 15% commission on Net Sales of any Visualtroop products sold by Visualtroop that wholly incorporate the Content. “Net Sales” is defined as the retail price received by Visualtroop from its customer, i.e., the price charged after any promotional discounts, shipping, and taxes, excluding chargebacks and returned and/or defective products. Visualtroop may offer any products incorporating the Content at any price, for any amount of time in any market. Should You desire to withdraw from Visualtroop, Visualtroop will have to clear any possible stock remaining before withdrawal can be done. Sales Commissions shall be paid to You within 14 days from the end of every 2 months of the year in which they were earned. Calculation of Sales Commissions shall be in Visualtroop’s reasonable discretion and shall not be subject to audit or other verification by You.
5) Visualtroop will make reasonable attempts to produce and sell the Content, however, nothing in these Terms and Conditions obligates Visualtroop to promote, produce or sell the Content. Visualtroop may, among other things, use the Content and your Name in any manner, including but not limited to: (a) reproducing the Content and your Name on products, (b) selling products (including but not limited to art prints, greeting cards, and stationery) bearing the Content and which may include or be associated with your Name (subject to Visualtroop’s obligation to pay you the Sales Commission as defined and described above), (c) making derivative works of the Content to promote Visualtroop, (d) using the Content and your Name on our Site and otherwise to promote Visualtroop.