Tshirt Terrorist Signature Series
Terms and Conditions of Artistic Involvement
“Artist Agreement”

 

1. Special Terms for Artists

The terms in this section are without limitation to the terms in of the Tshirt Terrorist User Agreement that apply to Artists, both Artists and Buyers, and all Users of the Tshirt Terrorist Website.

• License and Use of Artwork

Tshirt Terrorist empowers artists to earn money from their Artwork by making it immediately available for sale on products, most notably t-shirts, and hoodies, and any and all products made available on the Website, both current and forthcoming – without giving up control of their rights. You, the Artist retain all of your ownership rights, including all copyright and other intellectual property rights, in the Artwork you submit to the Website.

Without limitation to any other rights and licenses you grant to Tshirt Terrorist, its affiliates or third parties in connection with the Tshirt Terrorist Services, including but not limited to: General Terms for All Users of the Website and any Licensor T&Cs, you hereby grant Tshirt Terrorist the rights and license set forth in this Artist Agreement for the purpose of enabling us to carry out the Website Services. You hereby instruct Tshirt Terrorist to facilitate the sale of your Product(s), which includes facilitating payment processing and arranging for manufacturing of your Product(s), in respect of the orders placed by the Buyers via the Website, and any and all other sales ecosystems set up by Tshirt Terrorist, including with third parties, and Tshirt Terrorist will facilitate such payment and manufacturing in accordance with reasonable business practices.

• Sale of your Products

As an Artist, you wish to use the Tshirt Terrorist Services to facilitate your marketing and sale of your Products and to facilitate the manufacture of your physical Product(s) by third-party suppliers once an order has been made through the Website, and the subsequent third-party delivery of your Products to your Customer. Tshirt Terrorist will provide the Services on the terms set out in this Artist Agreement.

Importantly, it is essential that all Artists respect the intellectual property rights of others, including copyrights, trademark rights and publicity rights. Artists may only submit their original creations. If you are submitting Artwork you didn’t create yourself, then you must have permission from the applicable rights holder who owns that content. Respecting the intellectual property rights and other legal rights is an essential principle of the Website.

Furthermore, displaying your Artwork on the Website comes with important legal responsibilities. It is your responsibility to make sure you are not violating these rights as set out above, or breaking any other laws, by publishing your Content, offering your Product(s) for sale and otherwise using or accessing the Tshirt Terrorist Services.

• Payment Terms

You hereby authorize Tshirt Terrorist to collect, hold and/ or distribute the retail price (“Sale Proceeds”) from Buyers on the terms set out in this Payment Terms section as Tshirt Terrorist sees fit. A shipping charge will also be charged to the Customer for the shipping of your Product(s), which will not affect the amount to be distributed to you.

You authorize Tshirt Terrorist to retain the full value from the Sale Proceeds for your Product(s), before distributing your Commission (which will include any tax where applicable).

Your Commission will be calculated at 10% (ten percent) of the full value of the retail price (Sales Proceeds). You acknowledge, through acceptance of the terms set out in this Artist Agreement, and without limitation to the Tshirt Terrorist User Agreement, to which this agreement addends, that the value of the calculation, and the nature of the Commission in its full disclosure, has been explained to you, as these pertain to the operational costs and marketing costs of maintaining the Website and its Services, as contracted by Tshirt Terrorist in the facilitation of presenting your Product(s) for sale.

Your Commission Period will be calculated for the complete list of sales for your Product(s) in your Product Category (also: Name of your Brand, and/ or Your Signature Range and/ or Title of Your Arist Page) for a period of time, determined within this Artist Agreement, as being no less, and no more than one full calendar month.

Your Commission Payment, as calculated, for the Commission Period, both set out in the paragraph/s above, will be presented in the format of a Website generated Sales Report, most notably, a delimited Excel document, and/ or any other generated point-of-sales (POS) report, which may reference sales of your Product(s) by the Website and its Services, and include, but not be limited to: Tshirt Terrorist storefronts, events and promotions, and any other third party sale ecosystems.

Your Sales Report will be presented to you at the email address you have provided, by no later than the 7^th of the next calendar month from the current reported Commission Period.

Your Commission Payment will be made via Direct Bank Transfer, (EFT) following the presentation of a Sales Report for a respective Commission Period, not before the 7^th and by no later than the 15^th, of the following calendar month, from the current reported Commission Period.

2. Artist Responsibilities

Notwithstanding Tshirt Terrorist’s obligations set out above, to facilitate the sale of your Product(s) on its Website, and all other obligations pertaining to the operating of the Services utilised by the Artist, the following responsibilities would need to be adhered to by the Artist in terms of this agreement.

• Artwork presented for use on Product(s) on the Website would need to conform to the required specifications for both production (manufacturing and printing) and display (in the Artist Category/ Brand/ Range/ Page). The specific device or program format for submitting Artwork may needs vary, though it should conform to basic digitised specification in terms of resolution (300dpi minimum), and incorporate curves (vectors) as well as allow for background transparency.

 

• In certain instances Artwork submitted by the Artist may require modifications necessary to prepare the Artwork for use in a particular product category or for other manufacturing purposes. In such instances the Artist may be approached to make these modifications. If the Artist is unable or unwilling to make these modifications, Tshirt Terrorist reserves the right to make these modifications, themselves, or through any third party service contracted to the production of these Product(s) or the facilitation of the use of the Services on the Website, in the interests of acquiring the necessary purpose for Product display and presentation and sale.
• While under no obligation in terms of this agreement, or in terms of the standard User Agreement governing the use of the Website by Artists and/ or Buyers, Tshirt Terrorist would request the Artist to respectfully consider any and all means and channels of promotion available to the Artist, in order to promote their Artwork, for the good of their Artwork/ Category/ Brand/ Range Page, and in the interests of increased sales and exposure, for both the Artist, and for the good of the Community of Artists utilising the Website, and for the good of Tshirt Terrorist and the Website Services.

 

3. Termination

The Artist and Tshirt Terrorist reserve the right to terminate this agreement at any stage. Following termination by either party, all outstanding Commissions will become immediately due as payable to the artist, in terms of the calculation and presentation of Artist Commissions detailed in the paragraph/s above.

These commissions would include those calculated for Artwork featured on existing Product(s) on the Website, or in any sales ecosystem utilised by Tshirt Terrorist.

The individual Artwork rights subsist with the Artist, and Tshirt Terrorist relinquishes the right to produce any Product(s) featuring these artworks, from the date of the mutual or singular termination of the agreement.

The Artist acknowledges they have no further claim, for payment, past, present or future, and further, that they may not seek to find Tshirt Terrorist liable for any claim to damages by the Artist in terms of the agreement, and that on presentation of final payment for Commissions earned on Product(s) through the agreement, the agreement in itself will thus be legally terminated, and henceforward nulled.

This termination does not extend to the removal of individual Artwork from the Website, by either the Artist or Tshirt Terrorist, for whatever reason, by either party, including, but not limited to: any and all rights violations, intellectual or otherwise, Artwork non-relevancy, hate-speech and other forms of public contention, or for any other reason not cited here. Upon removal, all Commissions owing to the Artist, including Commission on existing Product(s) yet to be sold, become immediately due and payable.

The Artist acknowledges that Tshirt Terrorist may continue to use their Artwork in marketing and promotional materials if such materials were created prior to the removal of the singular and/ or specific Artwork from the Website.

Upon termination, all Artwork contained within the termination of that agreement will be removed from any and all marketing and promotional materials, and from the Website itself, and will not be utilised in any way, shape of form, by Tshirt Terrorist, respectfully.