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The following terms of this Nonexclusive License Agreement ("Agreement") apply if you create graphic design and or upload design with As Prescribed Ind. to be displayed and/or offered for sale on websites owned or operated by or for As Prescribed Ind. (“Site”). "Design" means any and all artwork, photographs, sketches, drawings, text, stitch files, and digital images that you send to As Prescribed Ind. for placement on the Site or on physical or electronic products made by or for As Prescribed Ind. ("Products").
Licenses. By uploading Designs to the Site or creating Designs with As Prescribed Ind. designers, you grant the following licenses to As Prescribed Ind.: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site and Products; and the right to make modifications to your Design as necessary to prepare your Design for use in a particular Product category if you agree that your Design may be used in such category.
You may remove your Design from the Site at any time, and you retain all copyright and other intellectual property rights in your Design. Upon the removal of a Design, the licenses above will terminate, except that As Prescribed Ind. will fulfill any orders placed prior to termination and As Prescribed Ind. may continue to use your Design in marketing and promotional materials if such materials were printed prior to removal of the Design.
Affiliate Descriptions. At the time you publish a Product, you will be asked to provide information about your affiliate. You will make best efforts to provide accurate, non-misleading information about your Affiliate and you will not submit unrelated information in connection with your Affiliate for any purpose. If As Prescribed Ind. determines that information is misleading or inaccurate or that it violates the rights of a third party, As Prescribed Ind. may delete such information or your Design, in its sole discretion.
Pricing. As Prescribed Ind. determines the price at which Products are sold on the Site and affiliated sites. The actual retail price for Products incorporating your Designs may vary based upon Your Royalty Rate (see below).
Royalty. As Prescribed Ind. will pay you a royalty for all sales of public Products incorporating your Design ("Royalty"). As Prescribed Ind. standard royalty rate is 10% ("Standard Royalty Rate"), but you have the option of selecting any royalty rate between 10% and 30% (increments of 5%) for each of your Designs as incorporated in each Product category ("Your Royalty Rate"). As Prescribed Ind. list prices are based upon the Standard Royalty Rate. If Your Royalty Rate is greater than 10%, As Prescribed Ind. will change the purchase price to reflect the increased royalty payable to you.
Your Royalty will be calculated as follows: Your Royalty Rate multiplied by Net Sales of Products incorporating your Design. Net Sales means the purchase price received by As Prescribed Ind. minus amounts charged for shipping, handling, packaging, insurance, and sales or similar taxes; refunds, credits, and reversals. Transaction Fee. 3% applies to all purchases with royalty rates over the 10% standard.Ineligible Sales. As Prescribed Ind. will not pay you a Royalty for sales of any Products which incorporate a Design that violates this Agreement, the As Prescribed Ind. User Agreement or any of your representations below. For example, if As Prescribed Ind. discovers that one of your Designs infringes someone else's copyright or that you do not have the right to use the Design, As Prescribed Ind. reserves the right to reverse all Royalties for such Designs, whether due or already paid.
Statements and Payments. Royalties are payable for all sales of Products incorporating your Design. As Prescribed Ind. maintains a statement of Your Royalties (both pending and paid). You may check your statement in the "MyAffiliate" section of your account or by request to As Prescribed Ind. As Prescribed Ind. will pay Your Royalty in accordance with the selections you make in the "payment settings" section of your account. As Prescribed Ind. makes the following options available:
1. payment as per request from time-to-time and in accordance with As Prescribed Ind. payment schedule (45 days after the end of the month); or
2. hold Your Royalty in your account to apply toward a purchase on the Site.
On the Payment Settings page of your MyAffiliate Account, you may also choose your method of payment (for example, check). As Prescribed Ind., in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances. For example, if you choose to receive payment by check, As Prescribed Ind. set a minimum balance of $100.00 as a pre-requisite to issuing a check. In such case, you will be required to select apply credit as payment of a balance below the minimum. Marketing & Promotions. As Prescribed Ind. may market, promote, and sell Products on the Site, on other websites, and/or through distributors and wholesale or retail channels. As Prescribed Ind. may run promotions (including volume discounts and special sales discounts). As Prescribed Ind. is responsible for the cost of promoting the offer and producing and fulfilling the orders, and you acknowledge that your Royalty will be based on the amount of revenue As Prescribed Ind. actually receives for the sale of Products.
Representations. You represent that:
1. You are the owner of the Design or that the Design is in the public domain; and
2. You have the legal right grant this license to As Prescribed Ind. and to enter into this Agreement; and
3. To your knowledge, no one else claims ownership of, or exclusive rights to, the Design; and
4. The Design does not infringe the privacy, celebrity, moral or other rights of any third party; and
5. The Design is not defamatory or obscene; and
6. The Design does not contain any defamatory, obscene or discriminatory content or any illegal material; and
7. As Prescribed Ind. may legally make and sell Products incorporating the Design without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party; and
User Agreement. This Agreement supplements the As Prescribed Ind. User agreement, which is incorporated by this reference.
