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Artists Agreement

ARTIST CONTRIBUTOR AGREEMENT: Updated August 2015

 

RECITALS

 

    Whereas, SelfPubBookCovers.com (the “Distributor”) is in the business of providing one of a kind artwork, consisting of two or more photographs, to its customers for use as book covers, and

 

    Whereas, Artist has or will create artwork by combining two or more photographs for use as a book cover, and

 

    Whereas, Artist desires to have Distributor represent Artist in the licensing of such artwork.

 

    It is therefore agreed as follows:

 

    1. Grant of Authority.  Artist hereby appoints Distributor as Artist’s exclusive distributor of the Artwork submitted to Distributor with this Agreement solely for a book cover for print and ebooks (the “Licensed Cover”).  In connection therewith Artist grants to Distributor, its licensees and assigns, the exclusive rights throughout the world to distribute, publish, use, transmit, crop and otherwise display the Licensed Cover, and to license the use of the Licensed Cover to others for use as a book cover, including advertising, publicity and promotion in connection with such use as a book cover.

 

2. Representations. 
        

a. Artist represents and warrants that (i) the Licensed Cover was created by Artist by using two or more stock photography images which were licensed by Artist from a reputable stock photography agency, or images that are in the public domain, or original art or photography created by Artist without incorporating any third party copyright material and that their cover is one-of-a-kind, and once sold it is never sold again; (ii) that each such stock photography usage license is sufficient to grant to Artist and Distributor the rights Artist is granting to Distributor herein including the right to publish up to 250,000 copies of print books; (iii) that the Licensed Cover is original to Artist, and does not infringe upon any copyright, trademark or trade dress, or other intellectual property rights, of others; and (iv) that Artist has obtained valid model releases from each person who appears in the Licensed Cover sufficient to convey the rights granted to Distributor herein.

 

        b. For Licensed Covers using stock photography, Artist shall submit to Distributor upon request, copies of each such stock photography license, the name of the agency, the name and code number of each licensed image, the print run licensed, a copy of the licensed image, any other limiting terms of such stock photography license, and a copy of each applicable model release.

 

        c. For Licensed Covers using public domain material, Artist shall submit to Distributor copies of the public domain material and a description of where such material was acquired or found by Artist.

 

        d. For Licensed Covers using original art or photography, Artist will, upon request of Distributor, submit reference material to establish the independence of the concept from which the Licensed Cover was derived.

 

    3. Term.

 

        a. This Agreement shall commence upon the date of execution and shall continue indefinitely thereafter until and unless terminated upon at least thirty (30) days advance written notice (the “Termination Date”).  Such termination shall not affect any license granted by Distributor for a Licensed Cover prior to the effective date of such termination, which license shall continue in full force and effect according to its terms.  
    
        b. Distributor shall delete all digital files containing the Licensed Cover from its website within a reasonable time after the Termination Date,except that Distributor may retain copies of its non-public database solely for archival and legal purposes.  In addition, Distributor may retain a digital copy of the Licensed Cover in its Published Cover Section if the Licensed Cover has been licensed for use prior to the Termination Date.

 

    4. Artist Compensation for Covers Sold:

 

         a. Standard Commission. At the time of submission of the Licensed Cover, Artist shall indicate the price Artist wants Artist’s cover sold at, with a minimum price which the Distributor shall charge the user as a license fee for the Licensed Cover, which shall not be less than $69.  The Standard Commission paid to the Artist is $50 on a $69 cover sold, or 70% on covers priced above $69.  Distributor shall pay such sum to Artist within ten (10) days of Distributor’s receipt of the applicable license fees. A $1 fee will be collected on every cover SOLD to cover storage space for all the artist's work on our servers. When a back cover/spine project is requested, the fee paid is $75. The project must be created using either Adobe Photoshop (or similar image software like GIMP) and either Adobe InDesign or Adobe Illustrator. Payment will be made after the Distributor has received the final working files: jpg background and either the Adobe InDesign or Adobe Illustrator file.

 

 

        b. Affiliate Partner Program Artist Compensation: 

 

When a book cover is sold to a NEW author who signed up through an Affiliate Partner Program link, the artist will receive a $45 commission on a $69 cover. If a cover sells for more than $69 via an Affiliate link, artist will receive a 65% commission within 30 days. The Standard Commission of $50 on a $69 cover sold, or 70% on covers priced above $69, DOES NOT CHANGE for covers sold that don't come from Affiliate links. This is ONLY ON NEW SALES from authors who sign up via an Affiliate link.

 

 

    5. Indemnification. Artist agrees to fully indemnify and hold harmless Distributor, its employees, directors, officers, licensees, and anyone else associated with the use of the Licensed Cover as authorized herein, from and against any and all claims, liabilities, costs, expense, or damages including attorney’s fees and expenses, arising out of any alleged or actual breach of Artist’s warranties or obligations under this Agreement including, but not limited to, representations that public domain material is in fact in the public domain, and original art is infact not copied from any copyrighted material of others.

 

    6. Copyright Credit. Copyright to the stock photography used by Artist is retained by the photographers or the stock photography agency, as specified in the license agreement between Artist and the stock photography agency.

 

    7. Right of Refusal.  Distributor has the right to refuse to accept the Licensed Cover for any or no reason, and to remove the previously accepted Licensed Cover for any or no reason.
    
    8. Jurisdiction. This agreement shall be interpreted in accordance with the laws of the State of New York and the parties consent to the exclusive jurisdiction of the Federal and State Courts located in New York County, New York.

 

    9. Miscellaneous.

 

        a. This Agreement constitutes the entire agreement between Artist and Distributor regarding its subject matter.  If any provision of this Agreement is held to be void or invalid, the remainder of this Agreement shall remain in full force and effect.  Failure by Distributor to enforce any provision of this Agreement is not a waiver of future enforcement of that or any other provision.

 

        b. By clicking on “Accept” Artist is over the age of 18 years, and hereby acknowledges that Artist has read the Agreement, has understood its terms and has been given the opportunity to seek legal advice.

 

        c. By clicking on “Accept for Minor” you, as the accepting party, represent that you are the parent or legal guardian of the Artist who is a minor, that you have read the Agreement, have understood its terms, have been given the opportunity to seek legal advice, and do hereby consent and grant permission for Artist to enter into this Agreement, and to be personally bound to its terms as parent or guardian of the Artist.  

I Accept | I Accept for Minor