CREATORS PROGRAM AGREEMENT
Last updated: 2024-12-25
PLEASE READ THIS CREATORS PROGRAM AGREEMENT CAREFULLY.
This is a contract between you (the “Creators”) and us (“DazzMart”). It describes how we will work together and other aspects of our business relationship. It is a legal document so some of the language is necessarily “legalese” but we have tried to make it as readable as possible.
The Creators Program Agreement applies to your participation in our Creators Program (the “Creators Program”). These terms are so important that we cannot have you participate in our Creators Program unless you agree to them.
Changes
We periodically update these terms. Additionally, we reserve the right to replace these terms entirely if, for instance, there are changes to the Creators Program, its termination, or its integration into an existing program. It is important that you regularly review this Agreement to stay fully informed about any updates. If you do not agree with the updates or replacements, you have the option to terminate the agreement, as described below.
Definitions
“The DazzMart Creators Program” refers to the promotional program provided to partners by us (hereinafter referred to as “DazzMart,” “we,” or “our”) through this Agreement. Partners may participate in the Creators Program, submit their Designs to dazzmart.com, and earn commissions based on Customer Transactions.
“Creators” refers to the partners involved in this promotional program, a collective of emerging designers, artists, illustrators, creative talents, and enthusiasts from all over the globe.
“Design” refers to the artistic creation by Creators, also known as “Artworks.” It involves applying elements designed by the Creator, such as illustrations, graphics, patterns, textures, text, colors, etc., to custom-made products, such as custom-made phone cases, sold on dazzmart.com.
“Customer” refers to the actual user who purchases our products, and the Customer Transaction must occur.
“Customer Transactions” means those transactions that are eligible for Commission pursuant to the ‘Customer Transactions’ section of this Agreement. Please refer to the section “Customer Transactions” for details.
“Commission” refers to a fixed percentage of each Customer Transaction as specified in this Agreement, also known as Creator Commission.
Creator Acceptance
Once you complete an application to become a Creator, we will review your application and notify you whether you have been accepted to participate in the Creators Program or not. Before accepting an application, we may wish to discuss it further with you and may reach out for additional information. Certain requirements or certification(s) may be necessary before we can accept your application. If we do not notify you of your acceptance into the Creators Program within ten (10) days of your application, it is considered as rejected.
If your application is accepted for participation in the Creators Program, the Legal Terms and Conditions of this Agreement will be in full force and effect upon notification of acceptance until terminated, as outlined below.
Legal Terms & Conditions
By submitting your design, also referred to as Artwork, collectively termed as “Design” to dazzmart.com, you express your intention to use the services offered by DazzMart, which include the marketing and advertising of your Design, and the manufacturing, distribution, and sale of your Design on physical products, and you agree to the following terms and conditions:
1. All Designs submitted by partners participating in the DazzMart Creator Program are subject to approval before being published for sale on the dazzmart.com. The approval process usually takes 3 business days from the submission date of the Design. If the submitted Design is eligible for sale on our website, the Design may also be removed similarly if:
– The Design that does not generate any sales in the past 3 months at all.
– The Design caused confusion to users of our website, such as but not limited to confusing designs, disregard of whether such confusion results in a high return rate of the corresponding products or not.
– Discovery of infringement or receipt of infringement notices.
For more information about Copyright Infringement and the Copyright Counter-Notice Procedure, please refer to our ‘Intellectual Property Infringement Policy.’ (https://dazzmart.com/intellectual-property/)
2. The Design is your own original work and does not contain any trademarks, logos, copyrighted material, any other intellectual property belonging to any third party, or content subject to a third party’s right of publicity or privacy.
3. The Design does not infringe any rights (including but not limited to copyright) of any third party.
4. This is a legal, binding agreement. You represent and warrant that you have the full right, power and authority to enter into this Agreement, agree to the Creators Program Agreement and that your agreement to them does not violate any other agreement you have entered into with a third party. If you have entered into an agreement with any third party concerning the Design, please advise us immediately via email.
5. As between you and us, you own and will maintain ownership of the Design. We do not and will not own the Design because of your submission of the Design.
6. By submitting the Design, you hereby grant us a worldwide, irrevocable, non-exclusive, right and license to use, upload, modify, reproduce, copy, exhibit, create derivative works of, distribute, sell, advertise, and display the Design, in any manner now known or hereafter devised. This license may be sub-licensed by us to others. You waive any “moral rights” you may have in the Design.
7. You also grant us a worldwide, irrevocable, non-exclusive, right and license to use, portray, display and publish your name, appearance, voice, likeness, photographic image, and biographical information, in any and all media now known or hereafter devised. This license may be sub-licensed by us to others.
8. You also understand that we are acting as an independent contractor for you, and will market and advertise the Design to the public, and obtain orders from customers for the purchase of products featuring the Design (such as custom-made phone cases). We will, and will arrange for third parties to, fulfill customer orders by facilitating payment for the manufacture, distribution, and delivery of products featuring the Design.
9. We understand that circumstances may change and recognize that, on a rare occasion, you may need to request a revocation of one or both of the irrevocable licenses you granted to us in paragraphs 6 and 7 above (the “Non-Exclusive License(s)”). On such a rare occasion, you can make this request by emailing us. Your email must have “Request for Revocation” in the subject line, include the title of the Design, and explain the basis for the request. You understand and agree that we are not obligated to revoke a Non-Exclusive License and that, if we do revoke a Non-Exclusive License, it may be done with certain conditions, for example, preserving our or our sub-licensees right to sell through any items bearing the Design and advertise and promote the same until all inventory is exhausted.
10. We also may terminate the Non-Exclusive Licenses by providing written notice to you, at the email address provided by you, of our election to terminate a Non-Exclusive License. Upon such notice, the Non-Exclusive Licenses shall terminate; provided, however, we and any sub-licensees and wholesale parties that sell the Design under our authorization, may, at their discretion, sell through any items in their possession bearing the Design and advertise and promote the same, until such time as the inventory of such products is exhausted.
11. If we facilitate the sale of custom-made phone cases featuring the “Design” through the dazzmart.com website, you will be eligible to receive Creator Commission. Please refer to the section “Customer Transactions” for details.
12. Creators (Members of the DazzMart Creators Program) automatically qualify for Affiliate without any conditions and without the need for application. You can access the Affiliate Area, utilize the Affiliate Tool, promote your Designs using your Affiliate Link, and you will be eligible to receive commissions in accordance with the Affiliate Program Agreement. For more details, please refer to the following URL:
Affiliate Program
https://dazzmart.com/affiliate-program/
Affiliate Program Agreement
https://dazzmart.com/affiliate-agreement
Please note: By promoting your Design using your Affiliate Link, you acknowledge your Affiliate and agree to comply with the Affiliate Program Agreement. You have the right to choose not to participate in the Affiliate Program, retaining only your participation rights in the Creators Program.
13. Our use of the Design and our payments to you are subject to your representation that you own the Design and that the Design does not infringe any third party’s legal rights.
14. You alone will be responsible for the payment of all taxes and fees (including bank fees) that arises as a result of receiving any payment from us, its subsidiaries, related companies, partners, or licensors.
15. You agree to defend, indemnify and hold us harmless, including our sublicensees (each an “Indemnified Party”) from and against any and all claims, damages, liabilities, costs and expenses (including without limitation reasonable attorneys’ fees and court costs) arising out of or relating to an Indemnified Party’s use of the Design (including reproducing, distributing, adapting, and displaying the Design) and/or a breach of this Agreement by you.
We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim.
You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
16. The Design must not disparage any person; it must not be indecent, obscene, hateful, tortious, untruthful, inaccurate, defamatory, slanderous or libelous; it must not promote bigotry, racism, hatred or harm against any group or individual or promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
17. You acknowledge that we may decline to render our services to you in connection with the Design by, for example, deciding not to market or advertise the Design, or taking down the Design from dazzmart.com, and that this can be done for any reason, at any time, and in our sole discretion. You agree that our decisions are final and binding.
18. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
19. We may, in our discretion, change these Legal Terms & Conditions at any time and such changes shall be effective immediately and incorporated into this Agreement. It is your responsibility to review any changes to the Creators Program Agreement.
20. Entire Agreement. This Agreement is the entire agreement between us for the Creators Program.
To the extent of any Terms and Conditions with the Project, the Terms and Conditions (https://dazzmart.com/terms-and-conditions/) set forth by us shall apply and are hereby incorporated by reference.
We object to and reject any additional or different terms proposed by you.
By submitting your Design, you acknowledge that you have read and agree to these Legal Terms and Conditions. Except to the extent that applicable law provides otherwise, this Agreement is governed by the laws of the United Kingdom. However, for matters related to intellectual property disputes, the Company reserves the right to enforce the provisions of the Digital Millennium Copyright Act (DMCA) under U.S. law.
– For the U.S. market: Any disputes related to copyright will be handled under the provisions of the Digital Millennium Copyright Act (DMCA). The Company reserves the right to remove infringing content and notify the relevant parties. In the event of disputes, both parties agree to submit to the non-exclusive jurisdiction of the courts in the United Kingdom or the United States.
– For other markets: This Agreement shall be governed by the laws of the United Kingdom, and all submitted content must comply with applicable local laws.
Customer Transactions
The entire process of the Customer Transaction refers to visitors or individuals to the dazzmart.com website adding items featuring your “Design” to their shopping cart, completing the purchase, and receiving the ordered items. This comprehensive process is considered a complete Customer Transaction.
1. Acceptance and Validity:
To be eligible for Commissions (Creator Commission):
(i) The Customer Transaction must occur, and you need to wait for the customer to receive the items. You should also wait for the deadline of the refund and return policy to expire before considering the transaction complete.
(ii) Creators are allowed to purchase custom-made phone cases featuring their own “Design” to earn Commissions.
2. Commission and Payment.
In order to receive payment under this Agreement, you must have:
(i) agreed to the terms of this Agreement;
(ii) complete all steps necessary to create your account on dazzmart.com in accordance with our directions;
(iii) have a valid and up-to-date payment method associated with your account;
(iv) complete any and all necessary tax documents so that we can process any payments that may be owed to you.
3. Commission Payment.
We will determine the currency in which we pay the Commission, as well as the applicable conversion rate. We will not issue more than one Commission payment or similar referral fee for any given Customer Transaction (unless we choose to do so at our discretion).
Reasons for commission decline include: (i) Order cancellation; (ii) Item returns; (iii) Failure in customer credit check; (iv) Violation of the Creators Program Agreement; (v) Duplicate order; (vi) Item out of stock; (vii) Other.
Taxes.
You are responsible for the payment of all taxes and fees (including bank fees) applicable to the Commission.
Commission Amounts.
(i) We reserve the right to alter or change the Commission amount.
(ii) The fixed commission rate for the sale of custom-made products featuring your “Design” (such as custom-made phone cases) is 10%.
(iii) The transaction amount for which Commission is paid does not include bank fees (such as transaction fees), any taxes (VAT/sales tax), credit card fees, shipping costs, and discounts from coupons. Additionally, the commission calculation is based on the actual net amount of the transaction, which is the amount after deducting the aforementioned fees and discounts.
Term and Termination
1. Term.
This Agreement will apply for as long as you participate in the Creators Program, until terminated.
2. Termination Without Cause.
Both you and we may terminate this Agreement by giving fifteen (15) days’ notice via email to the other party.
3. Termination for Agreement Changes.
If we update or replace the terms of this Agreement, you may terminate this Agreement by notifying us by mail, provided that you notify us within ten (10) days of the change in terms.
4. Termination for Cause.
We reserve the right to suspend or cancel your Creators Program at any time, without prior notice and in our sole discretion if you breach the Agreement. If you wish to terminate your participation in the Creators Program, you may email us to inform us.
If we determine that you are acting, or have acted, in a manner that negatively reflects on or affects us, our prospects, or our customers, we will terminate the partner relationship immediately.
5. Effects of Expiration/Termination.
Expiration of this Agreement, and termination of this Agreement: (i) without cause by us, (ii) by you with cause, (iii) by you according to the ‘Termination for Agreement Changes’ section, shall not affect our obligation to pay you a Commission, so long as the related payment by the Customer Transaction is recognized by us within thirty (30) days after the date of such termination or expiration.
Provided however, in the event of termination without cause by you, or for cause by us, our obligation to pay and your right to receive any Commission will terminate upon the date of such termination, regardless of whether you would have otherwise been eligible to receive Commission prior to the date of termination.
Except as expressly set forth in this section, you are not eligible to receive a Commission payment after expiration or termination of this Agreement.
