In the act of submitting artwork (also referred to as the “design”) to TeeFizz, you the user agrees to abide by all terms of this agreement. When submitting artwork, you agree to provide complete, current and accurate personal information to TeeFizz.
Artist License Agreement
When submitting artwork to TeeFizz, you the artist grant the company a non-exclusive, royalty-free, worldwide, all-inclusive license to utilize, reproduce, modify, publish, translate, derive alternatives of, display, and distribute, in whole or in part said artwork by TeeFizz. The utilization of the design and any personal information you provide is including but not limited to product creation and selling, media, commercial and marketing purposes. The license you grant to TeeFizz will stand in perpetuity until you terminate the agreement. And you the artist agree to not sell or terminate the agreement as long as both parties are abiding by the agreement. You also agree to not provide an exclusive license to any other entity for a design you have provided to TeeFizz without providing advanced notice to TeeFizz. You also acknowledge that not every design you submit will be chosen to be utilized and printed by TeeFizz, and no obligation exists for TeeFizz to use a submitted design. You also agree to provide any and all information that you are aware or become aware of that suggests a design you have submitted infringes upon another entity’s copyright or any other rights of that entity.
Warranty of Design
You the artist certifies that any and all designs, artwork or related materials submitted to TeeFizz:
1) have not and will not violate any applicable laws
2) will be entirely owned and created by you the artist
3) are works that you are able to grant the licenses above
4) do not defame or violate the rights of any person or entity such as copyrights, intellectual property, personal or privacy rights or any other applicable rights
5) do not include obscene, pornographic, or offensive subject matter.
You the artist also certifies that you have the right to grant the license provided in this agreement and that right does not infringe on the rights of any other individual or entity.
Compensation for License Fees on Original Run of Sale on TeeFizz
The “Original Run of Sale” for a TeeFizz shirt includes a 3 day period where the shirt will be promoted on the TeeFizz Homepage and available for purchase. During this run of sale, TeeFizz will provide $1.00 compensation per shirt sold to the artist of the design.
Compensation for License Fees on Additional Print Runs by TeeFizz
TeeFizz may choose to print further runs of any submitted design for multiple reasons, including but not limited to:
1) Fulfilling size exchanges or replacing merchandise lost in transit. Any prints for exchanges or replacements will not earn additional compensation.
2) Print and sale of submitted designs at events or physical locations. Compensation for these print runs will be $1.00 per shirt sold.
3) Non-Original-Run-of-Sale website sales. Shirts sold on the website not during the “Original Run of Sale” time period will have a compensation for sales of $1.00 per shirt sold. The artist may request that any design be temporarily or permanently made “out of stock” on the TeeFizz site. To do so, e-mail notification/request sent to email@example.com is required for change of availability for any design.
While designs are under the non-exclusive license with TeeFizz, an opportunity to exclusively license the rights for the design may arise from a third party. If an opportunity arises, either in the form of an offer from the third party, or a submission process from the artist to the third party, you the artist agrees to provide notice of your pursuit of this opportunity immediately upon the reception from, or submission to the third party. TeeFizz also reserves the right to make a competing offer for exclusive rights to the design if TeeFizz so chooses.
Termination of License
The artist alone may terminate a license. To terminate a license you the artist can provide written notice to TeeFizz at 3166 Hummingbird Hill Drive, Poland Ohio 44514, or email the notice to firstname.lastname@example.org. At the time of the termination of the license, if TeeFizz has inventory utilizing the design that the notice is in reference to, the artist agrees that TeeFizz can sell all of that remaining inventory.
Payment of License Fees – Terms of License Fees
Payment of the License Fees outlined in this agreement for products produced with artwork submitted will be paid within 30 days of the sale of that product. TeeFizz will attempt to make payments to artists twice a month (on or around the 1st and 15th ). Payments will be made through Paypal, or another method selected by TeeFizz if Paypal is not an option. You the artist agrees that TeeFizz has the right to change the amounts of the license fees paid to you and any other artist at any time for any reason, as long as it is applied to all artists. If you decide that the fee change is unacceptable, you may opt out of the Artist Agreement at any time by providing written notice, and TeeFizz will no longer produce shirts with your design(s). TeeFizz is not responsible to pay fees for products that are not paid for, or are returned by a customer. You the artist agree that the fees described in this agreement will be the full 100% compensation for the designs you submit and in-turn are entering into the TeeFizz artist agreement. You also agree that you are not due any other compensation for the sale of products using your design. You also agree that any marketing or promotional efforts utilizing your design are free from compensation. You the artist also agree to be solely responsible for any and all taxes that are due for the license fees paid in compensation for use of your designs.
In the submission of artwork to TeeFizz, you the artist will continue to retain any and all copyrights to your artwork, and they are subject to the TeeFizz License that is granted by the artist.