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Artist Agreement

If you haven't read the basic terms of use yet, please do so before signing up as artist.

Terms of Use: extras/terms-of-use — Disclaimer: extras/disclaimer — Privacy Policy: extras/privacy-policy

THIS ARTIST AGREEMENT EXPANDS THE TERMS ABOVE. The term "this Agreement" used on this page includes those terms above.

On this page "you" will always be referred to as "Artist" or "Registered Artist". Buyers will be referred to as "Customers" or "Registered Costumers". The term "product" referres solely to digital or downloable products.

BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

1. ARTIST PROGRAM

Registration and Approval of Application

After registration you are be able to login but adding products is restricted to fullhorn.tv. We will inspect your artwork based on the links you provided us with during registration. If we think your artwork might be suitable for fullhorn.tv we will ask you to send us a pilot product. We will examine this according to clauses 2. and 3.

By adding your first product to fullhorn.tv, in most cases unlisted at first, fullhorn.tv has accepted your Application. We may reject or cancel your application at our sole discretion. We may reject or cancel your application if we determine that your artwork is repeatedly unsuitable for our Program, including if it:

  • Does not correspond with our product philosophy, especially if your artwork is not related to 3D, animation, machinima, and filmmaking
  • Does not comply with our quality standard
  • Violates any term stated in clause 2.
  • Or if you do not provide fullhorn.tv with a bio and a self-portrait (see below) within one month, or if you are using somebody else's portrait

Artist's Obligations

Once your application was approved you provide us with a short bio and a high quality photographic self-portait of adequate resolution. fullhorn.tv does not accept icons, paintings, avatars, or images that are off-focus, blurred, underlit or where the Artist is not recognizable. The Artists warrants that he owns all necessary rights in that photograph, like stated in clause 2.

You must understand that as the Artist you are also the Seller, and therefore must:

  • Ensure all copies of your products bear a notice of ownership of the intellectual property rights in your products
  • Not offer to or sell to users any of your products that have not been approved by fullhorn.tv
  • Notify us of any information which may affect or assist in sales of your products
  • Provide us with full and accurate information regarding enhancements and new releases of your products
  • Act in good faith at all times and provide such assistance and co-operation as we reasonably request
  • Maintain registrations of all relevant intellectual property rights and of all names relating in any way to your products
  • Not sell or give away products submitted to fullhorn.tv as exclusive content on any other website or platform, or to companies or individuals in any other way.

In your Artist Account you can access your personal details which you will always keep up to date. Here you will also find your income and recent transactions.

Like affiliates you can use tools to generate HTML code for your website to promote your products. You must use the HTML code that we provide for each banner, text link, or other affiliate link we provide you with.

If you decide to use the promotion tools on your website you have to agree to the same terms as affiliates, excluding clause 6. You find the Affiliate Agreement here: extras/affiliate-agreement.

2. ARTIST'S WARRANTY

You warrant to fullhorn.tv and each Registered Costumer that each product you offer for sale:

  • You own the intellectual property rights in that product
  • Does not infringe the intellectual property rights of a third party
  • Is not false, inaccurate or misleading
  • Is not fraudulent, stolen or an unlawful item
  • Does not violate any applicable law, statute, ordinance or regulation (including but not limited to, those governing export control, consumer protection, unfair competition, criminal law, antidiscrimination or trade practices or fair trading laws)
  • Is not defamatory, unlawfully threatening or unlawfully harassing
  • Is not obscene and does not contain child pornography and does not constitute or contain material that is adult in nature or harmful to person under the age of 18 years
  • Does not contain any content that may be considered as prohibited or potentially prohibited content for the purposes of the Broadcasting Services Act 1992 (Cth)
  • Does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware
  • Would not create liability for fullhorn.tv or cause us to lose (in whole or in part) the services of its ISP or other suppliers
  • Would not cause fullhorn.tv to violate any applicable law, statute, ordinance or regulation by making it available on fullhorn.tv

You acknowledge and agree that any product offered for sale by you on fullhorn.tv must first be submitted to us to enable it to check the quality of the product and the information provided with the Product. fullhorn.tv may refuse, in its sole discretion, to allow you to offer the product for sale on fullhorn.tv. We are not required to give reasons for refusing to allow you to offer a product for sale.

You acknowledge and agree that if fullhorn.tv determines, in its absolute discretion, or is notified by a third party, that a product that you offer for sale does not comply with any applicable laws and/or this Agreement, fullhorn.tv may disable your Artist Account and withhold all amounts that you may have earned from the sale of the relevant product until the earlier of: any dispute in relation to the Product has been resolved to the satisfaction of fullhorn.tv, and the expiry of two years from the date your Artist Account is disabled.

If after two years, the dispute has not been resolved, fullhorn.tv will pay amounts standing to your credit in your Artist Account to you in accordance.

3. SELLING YOUR ARTWORK

You acknowledge and agree that fullhorn.tv will, in its sole discretion, determine the fee payable for each product on fullhorn.tv.

You support fullhorn.tv in creating promotional tools, e.g. but not limited to videos, images, or audio clips. No compensation is due or payable for such support from the Artist.

You administer your products regularly and independently, react immediately to messages added to the products by fullhorn.tv, and keep the descriptions up-to-date. You can easily do so by logging in to your Artist Account, and open your Artist detail page containing a list of all your products. Unlisted products will only be visible to you, and do not appear to other users.

Products on fullhorn.tv are continuously reviewed to ensure the library remains consistent with fullhorn.tv’s latest quality and technical standards, currency of software and market trends.

You acknowledge and agree that fullhorn.tv may, at its sole discretion, elect at any time and for any reason to remove or unlist your products from fullhorn.tv without notice to you. fullhorn.tv is not responsible for any loss that you may suffer as a result a product being removed or unlisted by fullhorn.tv.

fullhorn.tv is not liable for any loss suffered by you as a result of a Registered Costumer making use of a product that you offer for sale on fullhorn.tv contrary to the conditions on which the product was sold to the Registered Costumer.

You agree and acknowledge that fullhorn.tv may use the whole or any part of a product which you offer for sale at the fullhorn.tv webshop to promote fullhorn.tv. This promotional use may include use on a features page on fullhorn.tv itself, or on other sites (e.g. social networks). No compensation is due or payable for such uses of your product.

You agree and acknowledge that an affiliate registered at fullhorn.tv can use your product images in their promotion of fullhorn.tv. No compensation is due or payable for such uses.

You authorise fullhorn.tv to submit a DMCA notice to others on your behalf regarding unauthorised use or copies of your products made elsewhere — without obligation and at fullhorn.tv’s sole discretion.

Special Deals, Vouchers and Reward Points

Sometimes we might negotiate volume or other arrangements with Registered Costumers, or offer products at a special price at our sole discretion. We constantly offer vouchers, called "gold nuggets", to all Registered Costumers. All Registered Costumers collect Reward Points when purchasing products. These marketing instruments are referred to as "Special Deals". You give us permission to negotiate and offer Special Deals, and you accept these and the use of Vouchers and Reward Points for all Registered Costumers.

Special Deals might involve products being sold for prices that are different to the advertised prices on fullhorn.tv. This means that the fee payable to you is based on the revenue generated from the sales of your products via our site, which may not always be determined by reference to the advertised price. Special Deals might also involve a change to the commission rate for a product for a particular Special Deal (as well as the price).

4. OUR RIGHTS AND OBLIGATIONS

fullhorn.tv reserves the right to terminate this Agreement and your participation in our Artist Program immediately and without notice to you should you commit fraud in your use of the fullhorn.tv Artist Program or should you abuse this program in any way. If such fraud or abuse is detected, fullhorn.tv shall not be liable to you for any commissions for such fraudulent sales.

This Agreement will begin upon our acceptance of your artist application, and will continue unless terminated hereunder.

Accepting and Promoting Products

fullhorn.tv examines each product for suitableness according to the product philosophy as stated in clause 1 before it is accepted for sale on fullhorn.tv. If changes on the product are required fullhorn.tv will contact the Artists for modifications and to find a solution both parties will accept. Without the consent of both, fullhorn.tv and the Artist, the product will be rejected.

If not already done by the Artist, fullhorn.tv will create a downloadable zip file that Registered Costumer can download after purchasing the product.

fullhorn.tv will create a product page which generally contains several images and a presentation video. Nevertheless fullhorn.tv is not obligated to any amount of images or videos, and decides at its sole discretion how to design each product page.

5. TERMINATION

Either you or we may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

6. MODIFICATION

We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and fullhorn.tv Artist Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in our Artist Program following the posting of the change notice or new Agreement on our site will indicate your Agreement to the changes.

7. PAYMENT

If one or more of your products is sold over fullhorn.tv, fullhorn.tv will credit your Artist Account with the balance of the fee received from the Registered Costumer which is computed as followed: The Registered Costumer's total amount less Vouchers and payments via Reward Points. Any Affiliate commission is subtracted from that gross fee. The resulting net fee is split between the Artist and fullhorn.tv according to the Artist's commission for each product.

You authorize fullhorn.tv to collect and distribute such fees and commissions on your behalf. Commission rates may be varied by fullhorn.tv at its sole discretion, from time to time. Any changes to the commission rates by fullhorn.tv will take effect on and from the date on which notice of the variation is posted by fullhorn.tv on fullhorn.tv.

fullhorn.tv will pay you either via PayPal or Bank transfer whereas latter is only possible within the EU and may result in transfer fees. The minimum amount for a transfer is $50.-.

8. GRANT OF LICENSES

We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of fullhorn.tv Artist Program. You agree that all uses of the Licensed Materials will be on behalf of fullhorn.tv and the good will associated therewith will inure to the sole benefit of fullhorn.tv.

Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

9. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  • This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
  • You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
  • You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

10. INDEMNIFICATION

You hereby agree to indemnify and hold harmless fullhorn.tv, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and Agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.

11. CONFIDENTIALITY

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential", will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

12. MISCELLANEOUS

  • You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and fullhorn.tv. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other of your site or otherwise, that reasonably would contradict anything in this section.
  • Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
  • You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
  • This Agreement represents the entire Agreement between us and you, and shall supersede all prior Agreements and communications of the parties, oral or written.
  • The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
  • If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.

In parts published with permission from http://www.amnavigator.com/wm.htm