This contract was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Standard Artist Submission Contract
This contract is made between the Artist and the Card Isle Corporation (hereinafter called the "Corporation").
This contract shall be effective beginning on the date of signing and remain in effect for an initial term of twelve (12) months (“Term”). Each Term shall automatically renew for subsequent periods of the same length as the initial Term, unless the Artist serves a written notice sixty (60) days prior to the annual expiration date of their desire to terminate, modify, or amend the contract.
In consideration of the mutual promises and agreements of the parties hereto, as hereinafter set forth, it is agreed as follows:
1. Definition of Agent:
If the agreement is contracted through a party other than the Artist, that contractor is considered the Artist's Agent (hereinafter called the "Agent"), who expressly warrants that he/she is authorized by the Artist to execute this agreement on behalf of the Artist.
2. Definition of Work:
For the purposes of this agreement any art, prose, or other creative efforts submitted to the Corporation by electronic or other means shall be subject to the conditions outlined in this agreement. These submissions shall be hereinafter called the Artist's "Work".
a. Work submitted with the intent of becoming the cover of a card will be hereinafter called "Cover Art" and will be the mechanism through which compensation is determined as defined by Section 5.
b. Work comprising of a string of characters submitted with the intent of becoming interior prose will be hereinafter called "Prose".
c. The Artist is encouraged to submit a string of characters, hereinafter called a “Logo”. The Logo is most commonly the Artist’s first and last name, but may also include an image of size, file type, and configuration as predetermined by the Corporation. The Logo may also include a slogan, tagline, or other prose associated with the Artist and their affiliated business(s), which the Corporation reserves the right to alter or remove if the Corporation deems it inappropriate or indecent.
3. Artist Membership Restrictions:
a. The title of Artist is offered and available to individuals who are 18 years of age or older. By signing this contract, the Artist represents and warrants that they are of legal age to form a binding contract with the Corporation and meet all of the eligibility requirements laid out in this contract.
b. In cases where an individual seeking the title of Artist shall fall under the age of 18, but above the age of 15, they may create and utilize a joint account with their legal Parent and/or Guardian, who must then sign this contract as their “Sponsor” and who shall be legally bound by all its terms. This Sponsor must be the legal Parent and/or Guardian of the minor, no exceptions will be made. By signing this contract, the Sponsor represents and warrants that they are the legal Parent and/or Guardian of the minor.
4. Terms of Submission:
The Artist, as an independent contractor, agrees to provide their Work to the Corporation under the following conditions:
a. The Artist will retain all rights to their submitted Work, but grant the Corporation license to use the submitted Work for commercial applications pertaining to greeting cards during the duration of the Contract and for use as promotional materials. Visible credit to the Artist will be included whenever possible, but may be left out according to the discretion of the designer of said commercial applications or promotional material.
b. If the Artist chooses to include written work, hereinafter called "Prose", with his/her Cover Art, then the company agrees to display up to three of his/her submissions as recommended inside text for his/her card with that Cover Art. The Artist agrees that, while Cover Art may be submitted with the intention of being paired with Prose of the same submission, the Corporation retains the right to alter the submitted Prose or substitute different Prose, and may empower the consumer to do the same.
c. Submission of Work, including Cover Art or Prose does not guarantee that it will be displayed or accepted. The Community Guidelines that are maintained by the Corporation are used to guide the decisions being made around what Work to accept and how to display accepted Work. The Artist agrees to follow the Community Guidelines.
d. The Corporation agrees to recognize the Artist on the back of each card printed with the Cover Art, with the Artist's Logo, excepting in cases of bulk purchase, in which the consumer may elect to remove the Artist’s Logo from the printed product or to replace it with their own logo. The Artist will retain credit for and ownership of the Cover Art, and will be compensated according to the standard Terms of Compensation laid out in Section 5.
e. The Corporation reserves the right to remove an Artist’s work from display at any time for any reason, according to the discretion of the Corporation. If this Contract is terminated, the Corporation has ninety (90) days to remove the Artist’s Work from display for commercial sale, to ensure that all previous orders have been processed in good faith and that the removal is done to thorough and good standards. The Artist may also request that Work be removed from display for commercial sale in writing and the Corporation will remove the Work from display within (90) days of said written request.
f. By submitting Work to the Corporation, the Artist thereby agrees to the terms of this contract and the Artist certifies that they shall not submit Work of which they are not the sole owner, or that they do not have permission from any other claimants to ownership of the Work to use it for commercial purposes. Any Work that is reported as a copyright or trademark violation will be immediately removed from display. The Artist will be solely responsible and liable for any claims arising from the submission of copyrighted or trademarked material and will indemnify the Corporation against all damages (including legal fees and expenses) arising out of such claims.
5. Terms of Compensation:
The Artist will be compensated with a royalty for cards sold that display his/her Work on the front cover. This royalty will be subject to the following conditions:
a. The royalty is set to a fixed amount of $0.20 for every card sold. Every twelve (12) months, the Corporation will reexamine this royalty rate. If deemed necessary, the Corporation may update this royalty rate to reflect current revenue goals and market variability. The Corporation will notify Artists of any changes to the standard royalty rate thirty (30) days prior to the conclusion of the quarter in which the new royalty rate is to take effect.
b. The Corporation reserves the right to offer promotional royalty rates to Artists. The Corporation may revoke, alter, increase, decrease, change, or rescind said promotional royalty at any time for any reason, unless otherwise stated in this Contract.
e. Royalties earned by the Artist will be totaled quarterly and paid within sixty (60) days of the end of each quarter. See Section 5, subheading h for further information.
f. Quarterly royalty amounts totaling less than ($5) five dollars will be held by the Corporation until such a time that the Artist accumulates an account balance of more than ($5) five dollars, at which point the balance will be paid at the conclusion of the subsequent quarter.
g. If this contract is terminated, the remaining balance of the Artist’s account will be paid in full by the conclusion of the subsequent quarter if the Artist has accrued ($5) five dollars or more in total royalties owed. If less than ($5) five dollars in total royalties accrued is due to the Artist upon termination, such amount shall be automatically forfeit and no longer payable by the Corporation.
h. The Artist agrees to provide the bank account information, tax information (including, but not limited to, forms required by the Corporation, the State of Virginia, and the US Federal Government), mailing address, and any other information necessary for the Corporation to effectively submit payment. If the Artist does not provide this information within thirty (30) days of the end of a quarter in which a royalty payment is due, they may forfeit the payment for that quarter.
i. The Corporation agrees to notify the Artist that they are eligible for a royalty payment within thirty (30) days of the conclusion of the Quarter in which they became eligible. Information regarding sales numbers and specific card sales is available to the Artist through their Artist Dashboard, found on the Corporation’s website. Upon the Artist’s written request, the Corporation may agree to provide more detailed information about sales, but reserves the right to deny requests for specific sales data to protect proprietary information and to ensure the security and integrity of the Corporation.
6. Warranty of Title:
The Artist agrees that the Work conveyed or licensed shall be good, and its transfer rightful; and the goods shall be delivered free from any security interest or other lien or encumbrance of which the Corporation at the time of contracting has no knowledge.
7. Indemnification Clause:
The Artist agrees to defend, indemnify and hold the Corporation and its subsidiaries, affiliates, licensors, employees, agents, third party information providers and independent contractors, harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand resulting from the Corporation's use of the Artist's Work. The Corporation reserves the right to handle its legal defense however it sees fit, even in the case of the Artist’s indemnification, in which case the Artist agrees to cooperate with the Corporation in the execution of its defense strategy.
8. Integration Clause:
This Agreement, along with any exhibits, appendices, addenda, schedules, and amendments hereto, encompasses the entire agreement of the parties, and supersedes all previous understandings and agreements between the parties, whether oral or written. The parties hereby acknowledge and represent, by affixing his/her hands and seals hereto, that said parties have not relied on any representation, assertion, guarantee, warranty, collateral contract or other assurance, except those set out in this Agreement, made by or on behalf of any other party or any other person or entity whatsoever, prior to the execution of this Agreement. The parties hereby waive all rights and remedies, at law or in equity, arising or which may arise as the result of a party's reliance on such representation, assertion, guarantee, warranty, collateral contract or other assurance, provided that nothing herein contained shall be construed as a restriction or limitation of said party's right to remedies associated with the gross negligence, willful misconduct or fraud of any person or party taking place prior to, or contemporaneously with, the execution of this Agreement.
9. Termination Clause:
The Corporation retains the right to modify or terminate this contract at any time. In witness whereof, the party or parties hereto have caused this agreement to be executed by its appropriate officer, the day and year first above written.
All Work uploaded to the Corporation’s website, and edits made to previously uploaded Work, is testament to the Artist’s agreement with this contract. This contract applies hereto forth from the day and time of uploading Work and to any future edits made to that Work.