Artist agreement

The license agreement and the preliminary agreement

concluded [DATE] between: 
TEEQUILLA Joanna Dziennik located in Poland, Koralowa Street 103, 71-220 Szczecin, registered in Central Registration and Information on Business, tax identification number 8522423620, hereinafter referred to as TEEQUILLA

and [YOUR PERSONAL DETAILS], hereinafter referred to as Designer.

 

§1

  1. Terms, which are used in the Agreement indicates:
    1. Project – unique graphic design designed by Designer, verified and accepted by TEEQUILLA, in order to use it by TEEQUILLA to products offered in the Internet store at www.teequilla.com,
    2. Product – the product offered to sale in the Internet store at www.teequilla.com, that contain the Project accepted by TEEQUILLA,
    3. Agreement – this license agreement,
    4. Preliminary agreement – the agreement concluded between TEEQUILLA and Designer that obligate the Designer to transfer to TEEQUILLA the copyright property rights to the Project,
    5. Promised agreement – the agreement which the subject matter is to transfer the copyright property rights to the Project by Designer to TEEQUILLA, in accordance to the terms specified in the  Preliminary Agreement,
    6. Convention - Berne Convention for the Protection of Literary and Artistic Work of September 9, 1886, completed at Paris on May 4, 1896, revised at Berlin on November 13, 1908, completed at Berne on March 20, 1914, revised at Rome on June 2, 1928, at Brussels on June 26, 1948, at Stockholm on July 14, 1967, and at Paris on July 24, 1971, and amended on October 2, 1979.

 

§2

  1. Designer declares, that he has the copyright property rights to the Project and is entitled to grant the license to use the Project and also to conclude the Preliminary agreement and the Promised agreement.
  2. Designer grants TEEQUILLA with a non-exclusive license to use the Project, which is valid on territory of countries that are the parties of Convention, for the period of 3 years starting from the date when Agreement is concluded.
  3. TEEQUILLA may use the Project to the extent necessary for the production, promotion and sale the Products offered by TEEQUILLA.
  4. The license contains using the Project on following scopes of operation:
    1. within the scope of record and reproduction the Project: the production and duplicate of copies by way of printing, reprographic, magnetic storage and digital technique,
    2. within the scope of trade the original or the copies on which the Project was recorded – the distribution, recording on computer data storage, projecting, gratuitous lending, rental of the original or copies,
    3. within the scope of dissemination of the Project – public performance in the Internet, by e-mail, in the press, on TV and in advertisement.
  5. TEEQUILLA may authorise another entity to use the Project in the extent specified by this Agreement.
  6. The parties represent that the Designer has delivered TEEQUILLA the Project [FILENAME] by e-mail.

 

§3

  1. TEEQUILLA will pay towards Designer the remuneration on terms defined in this clause, due to granting a license.
  2. TEEQUILLA will pay towards Designer commission in amount of 1  EURO for each Product sold by TEEQUILLA.
  3. TEEQUILLA will pay the remuneration after the Designer generate the remuneration in amount of 50 EURO at least, subject to paragraph 5.
  4. The payment shall be made within 14 days of receiving by TEEQUILLA the information about fulfilment of condition defined in paragraph 3., by bank transfer on Designer’s bank account.
  5. TEEQUILLA will pay toward Designer due remuneration within 14 days of making statement of the termination the Agreement, regardless of the amount of remuneration.
  6. If it is required by tax law provisions or provision about social insurance, the income tax withholdings and social insurance premiums will be deducted at Designer’s remuneration.
  7. The remuneration referred to in this clause contains the remuneration for using Project on all scopes of operation referred to § 2 paragraph 4.

 

§4

TEEQUILLA shall obligate to hand over the Designer the information about the amount of sold Products via Designer’s profile on website www.teequilla.com.

 

 

§5

  1. Designer declares that:
    1. is a sole author of the Project,
    2. has copyright property rights to the Project,
    3. the Project is not encumbered with any third party rights (including license granted to a third party),
    4. the Project does not infringe third party rights.
  2. Designer shall bear responsibility for the legal defects of the Project.
  3. Designer shall be obligated to protect TEEQUILLA harmless against any requests, claims and costs arising from breach copyrights, patents or protection rights.
  4. Designer shall release TEEQUILLA from liability and ensure a legal protection in any court dispute or out of court proceedings arising from the charge that the Project encumbered in whole or in part the copyright property rights, trade secret or another third party rights. In particular, in case of losing a case, the Designer shall pay the compensation awarded by court or another authorised organ or any compensation established in settlement and shall repay the total costs of legal support incurred by TEEQUILLA.

 

§6

  1. TEEQUILLA may terminate the Agreement while observing 1 month notice if TEEQUILLA resign from selling Product.
  2. Designer may terminate the Agreement while observing 1 month notice if TEEQUILLA commits qualified delay in payment of remuneration for at least 14 days.
  3. TEEQUILLA may renounce the agreement if the Project has legal defects or does not meet with the requirements specified in § 5 paragraph 1.
  4. If TEEQUILLA renounces the agreement for the case defined in paragraph 3, the Designer will pay towards TEEQUILLA penalty charge in amount …. EURO. TEEQUILLA shall be admissible to demand supplementary compensation if the amount of real damage exceeding  the amount of penalty charge.   

 

§7

  1. Designer shall obligate to transfer to TEEQUILLA the copyright property rights to the Project.
  2. TEEQUILLA is entitled to demand the conclusion of the Promised Agreement within 1 year of the conclusion the Preliminary Agreement.  
  3. The Promised Agreement shall be concluded within 14 days from the TEEQUILLA’S demand.
  4. Transfer the copyright property rights to the Project shall be effected with commission in amount of 1  EURO for each Product sold by TEEQUILLA after concluding the Promised Agreement. The commission contains the remuneration for using Project on all scopes of operation.
  5. Transfer copyright property rights contains using the Project on following scopes of operation:
    1. within the scope of record and reproduction the Project: the production and duplicate of copies by way of printing, reprographic, magnetic storage and digital technique,
    2. within the scope of trade the original or the copies on which the Project was recorded – the distribution, recording on computer data storage, projecting, gratuitous lending, rental of the original or copies,
    3. within the scope of dissemination of the Project – public performance in the Internet, by e-mail, in the press, on TV and in advertisement.
  6. Designer will pay towards TEEQUILLA the penalty charge in amount of …EURO if the Designer does not conclude Promised Agreement despite of the fact of being summoned. TEEQUILLA shall be admissible to demand supplementary compensation if the amount of real damage exceeding  the amount of penalty charge.  

 

§8

  1. The Agreement is concluded upon TEEQUILLA notify the Designer about  acceptance of the Project via e-mail on address designated by Designer on his profile on website www.teequilla.com.
  2. Any changes to this Agreement or withdrawal from the Agreement must be send by e-mail on pain of validity, on the following address:
    1. TEEQUILLA: info@teequilla.com
    2. Designer – e-mail address designated on Designer’s profile on website www.teequilla.com.
  3. This agreement shall be governed by the Polish law.
  4. In matters not regulated by this agreement, the provisions of the Act on copyright and related rights and the Convention shall apply.
  5. Any disputes arising from or in connection with the Agreement shall be submitted for resolution to a court competent for the TEEQUILLA’s registered office.