ART LICENSING AGREEMENT : This Artist Licensing Agreement (the “AGREEMENT”) is entered into effective this date between“ARTIST” or “BRAND”(Name) and Infinite Creations Pvt. Ltd. (“VENDOR” or “MERCHANT”). All references to the Merchant in this Agreement shall include Merchant’s parent companies, affiliates, and subsidiaries.Hence forward, Infinite Creations Pvt. Ltd. will be mentioned as Vendor or Merchant in this agreement. Artist/Brand ( Name ) will be mentioned as Artist or Brand in this agreement.
Scope of this Agreement. This Agreement applies to any image, graphics, digital assets, or digital images created or taken by Artist and delivered to the Merchant (collectively known as “IMAGES”). This Agreement governs the relationship between the parties and in no communication or other exchange, shall modify the terms of this Agreement unless agreed to in writing.
Rights: All Images and rights relating to them, including copyright and ownership rights in the media in which the Images are stored, remain the sole and exclusive property of the Artist. This license provides the Merchant with the rights to reproduce, publicly display, and distribute the Images for the agreed upon terms as set forth in the Agreement and signed by Artist or Brand. Images used for any purpose not directly related outside of those terms, must be with the express permission of Artist and may include the payment of additional fees, unless otherwise agreed to in writing.
Images may contain copyright management information (CMI) at the discretion of the Artist in the form of either 1) a copyright notice © and/or 2) other copyright and ownership information embedded in the metadata or elsewhere, unless otherwise agreed to by the Parties. Removing and/or altering such information is prohibited and constitutes violation of the Digital Millennium Copyright Act (DMCA) and Artist will be responsible to the Merchant for any penalties and awards available under that statute.
Relationship of the Parties: The parties agree that Artist is an Organization, and that neither Artist, nor Artist’s/Brand employees or contract personnel are, or shall be deemed to be, employees of Merchant. No agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. Neither party is authorized to act as agent or bind the other party except as expressly stated in this Agreement. Artist and the Images or any other deliverable prepared by Artist shall not be deemed a work for hire as defined under Copyright Law. All rights granted to Merchant are contractual in nature and are expressly defined by this Agreement.
Creation: The manner and method of creating any Image is solely at the discretion of Artist and the Merchant has no right to control Artist’s/Brand manner and method of performance under this Agreement. Artist will use his/her best efforts to: (a) ensure that the Images conform to Merchants’s specifications; and (b) submit all Images to Merchant in publishable quality, on or before the applicable deadlines, if any (c) restrain itself from copyright infringement of artwork, design or any other copyrighted material. In an event of Copyright Infringement comes into light, the Artist will be liable for all legal proceedings and merchant will not be held responsible for distributing or printing of such copyrighted material.
Delivery: Artist may select delivery of photographs in JPEG and PNG at a resolution that Artist determines will be suitable for the Images as licensed. It is the Artist's/Brand responsibility to verify that the Images are suitable for reproduction and that if the Images are not deemed suitable, the Artist will be notified within five (5) business days. Artist’s/Brand sole obligation will be to replace the Images at a suitable resolution. Artist/Brand has no obligation to retain or archive any Images delivered to Merchant.
Fees: As agreed upon the terms, in Annexure I. In the event rights are revoked, all images in the possession of Merchant will be removed from all forms of media within thirty (30) days. Merchant will not charge any fee or commission apart from the charges mentioned in Annexure 1.
The Artist/Brand is not allowed to discuss any details of the Fees charged or any part of this deal with anyone outside the Brand and/or its employees. The art of the artist/brand remains the copyright of the artist/brand.
Transfer and Assignment: Artist/brand may not assign or transfer this agreement or any rights granted under it. No amendment or waiver of any terms is binding unless in writing and signed by the parties. However, the invoice may reflect, and Artist/brand is bound by authorizations that could not be confirmed in writing because of insufficient time or other practical considerations.
General Law/Arbitration: This Agreement sets forth the entire understanding of the parties, and supersedes all prior agreements between the parties. This Agreement shall be governed, interpreted and enforced in accordance with the laws of the State of India. Any claim or litigation arising out of this Agreement or its performance may be commenced only in courts physically located in New Delhi, India and the parties hereby consent to the personal jurisdiction of such courts. In the event of any litigation arising out of or relating to this Agreement, the prevailing party shall not be entitled to recover its attorneys’ fees incurred in the litigation. If parties are unable to resolve the dispute, either party may request mediation and/or binding arbitration in a forum mutually agreed to by the parties.
Severability: If one or more of the provisions in the Agreement is found invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not be affected. Any such provisions will be revised as required to make them enforceable.
Waiver: No action of either party, other than in writing agreed to by the parties, may be construed to waive any provision of this Agreement and a single or partial exercise by either party of any such action will not preclude further exercise of other rights or remedies in this Agreement.IN WITNESS WHEREOF, the parties have caused this Licensing Agreement to be duly executed as of the dates written below
Under Signee has full authority to sign and take decisions for the artist or the brand.
The terms and nature of agreement are valid for a period both parties agree to the terms.
Brand/Artistic Name: _______________________
For Each Product Sold by the Merchant/Vendor via different channels including Online and Offline Markets
The Brand/Artist will earn Brand Royalty worth 10% of the selling price of the product irrespective of the platform on which it is sold
The payment will be made to Brand/Artist on the monthly basis.