Michael Dunn dba Enchanted Creek Studios, hereby known as the artist, does hereby appoint Name, dba Company, hereby known as the agent. as a marketing agent for the artist. for a period of one year, beginning MM/DD/YY and ending MM/DD/YY, unless otherwise extended by both parties.
This agreement is intended to be "persons" specific and shall not be assignable to any other persons.
In consideration of marketing services, the artist hereby grants, to the agent. the right to market products, and to reproduce images created by the artist, within certain restrictions. The restrictions are as follows:
- Note card images created by the artist may be reproduced by the agent and sold directly to the clientele of the Company under the following conditions:
- The images are accompanied by a notice indicating the artist (Michael Dunn,) the year of first publication and the copyright notice © or the word, "Copyright." and a notice that these are reproductions, not originals.)
- The quality of the cards shall be of a high degree that reflects the artist, and is subject to approval by the artist.
- Strict records will be kept of which cards are made and sold, and such records are open for examination by the artist, upon request.
- The images may not be used for any other purpose without the express written permission of the artist.
- The agent, shall compensate the artist, at a rate of $?.?? for each card sold, payable quarterly, no later than the last day of March. June, September, and December.
- The note cards may be distributed to other stores by the Company, in which case the artist shall be compensated at the rate of ??% of the price for which the Company sells them.
- There are no restrictions on the artist, as to how, where, or for how much he sells and distributes note cards he makes himself, other than those agreed to, in writing, in any further additions to this contract.
- The artist retains all copyrights to the images created by him, and is not restricted, in any way, from the use of these images.
- The agent may also sell and distribute other works of art created by the artist, under the terms agreed to by both parties, in writing, specific to each work of art, but which will also include the following:
- The artist reserves all rights and copyrights to any and all works of art created by him, other than those specifically agreed to by both parties, in writing.
- The artist shall offer each product for consideration by the agent and provide a net price to be paid to the artist, to compensate for the artwork itself, for delivery of artwork and/or costs incurred in shipping and handling to the office of the agent.
- In the event that the artist shall take on additional responsibilities for shipping and handling to the wholesale or retail customer, he shall be 100% reimbursed for these additional costs. These cost will not be included in the calculation of commissions.
- The agent shall be exclusively compensated for the sale of these "products" or "services" by adding his/her own mark-up to the costs agreed upon for each item. It is anticipated that, except for "low-end" items this mark-up shall be 50%. Low end items such as original, signed note cards shall be marked up at the rate of 100%. In the event that the parties agree and are successful in selling products or services in excess of this 50% or 100% mark-up, the parties shall split the excess profits 50%/50%. In any event, the setting of price for each item shall be a matter of agreement between the parties and a part of the offer of each product for sale.
- The artist shall reserve the right of review and approval of all sales materials, to be sold or distributed by the agent, and shall at all times reserve all other rights including copyright and right of reproduction to all materials provided, and shall not in any way have been considered to have conveyed such rights to these materials upon the termination of this agreement.
- In the event that this agreement shall be terminated at the end of one year, the agent shall only reserve the right to compensation for future sales to a party or parties introduced to the artist, as a result of the performance of this agreement, as well as complete right of ownership to promotional and other materials created by the agent. The following conditions apply.
- Compensation for future sales to parties introduced to the artist by the agent, shall be at the rate of 25% mark-up to base cost of each product, and shall last for a period of two years only.
- It shall be the responsibility of the agent to provide a list of such parties, and/or materials, on or shortly after the time of termination of this agreement. It shall be the responsibility of the artist to fairly and completely calculate these costs and regularly submit commissions.
- The agent shall maintain primary responsibility for marketing efforts including procurement of customers, billing, receipt of funds, and forwarding of funds to the artist. All products will be paid for prior to shipping or delivery with the exception of the note-cards mentioned above, and those works of art offered to the Company to sell on a commission basis, in which case a separate contract will accompany each piece, and except for those services performed on an "order" basis, in which case 50% of total moneys due shall be provided prior to commencement of "work" and the balance due prior to delivery.
- The agent shall be permitted to use images of the artist's work in advertising and marketing of the Company during the term of this contract. Any ads containing images or portions of images created by the artist shall include the message
"portions of this ad, copyright ", followed by the artist's name
and date of publication, as part of the display ad. The word "copyright"
could be replaced by the copyright symbol. If this information can be
reasonably placed in proximity to the image it will be. Each use is for
one use only and in no manner transfers any rights to the agent
concerning any future use, transferability, or other uses.
It is anticipated that in the performance of this agreement, all parties shall at all times maintain the highest possible standards of professional and ethical conduct ... and shall at no time perform any acts which might logically or ethically accrue to the detriment of the other.
The parties shall remain in regular contact, and shall engage in regular conversations as to the nature and scope of the exercise of this agreement. As part of the quarterly royalty payment, a detailed report as to what was sold will be included.
In the event this agreement is agreeable to all parties they need simply forward their complete approval to each other, via email initially, and then in written and notorized form within 30 days of agreement. Final approval shall not be considered achieved until each of the parties has submitted a final approval of all provisions. Such approval shall be considered complete and binding on all parties.
The commencement date of the agreement shall be considered to be the date approval of all parties is secured .notice of which shall be sent by EMail to each of the parties by the other. A written agreement shall be forwarded to each party and shall be considered as additional evidence of the previous execution of this agreement.
It is anticipated by the parties that future additions, subtractions and changes to this agreement may be made and agreed to by all parties. These changes shall be considered as additional changes and in terms, and, unless specifically stated, shall in no way be considered as a termination of this master agreement.