AGREEMENT FOR USE OF IMAGES
Make part of this agreement:
Store / Partner: ALUMINARTE ATELIER DE DECORAÇÕES LTDA. ME - A legal entity governed by private law, registered with the CNPJ under no. 05.563.980 / 0001-54, headquartered at 3.300 Benjamin Constant Street, Vila Nova, in the city of Blumenau (SC), CEP 89.035-100, hereinafter of PARTNER.
Artist: According informed in the on line form.
The above-identified parties have, among themselves, fair and correct the present agreement for use of image, which will be governed by the Brazilian Civil Code and by the following clauses and conditions:
CLAUSE ONE - THE OBJECT OF THIS TERM
1.1 The purpose of this term is the assignment of the copyrights of ARTIST images and engravings for the publicity, exhibition and commercialization in the commercial stores (physical store and e-commerce) owned by PARTNER.
1.2 The PARTNER owns the commercial shop called TOP QUADROS and holder of rights of the electronic address and the virtual store www.topquadros.com.br, where the images and / or engravings object of this contract will be divulged, exposed
1.3 Images and / or engravings provided by ARTIST are provided in digital image files and made available electronically through our online form.
1.4 The images and / or engravings given will be broken down by name / alphanumeric code of authorship of ARTIST sent through the online form and that will become an integral part of this term.
1.5 The images and / or engravings will have set the minimum price according to the PARTNER’s standard price chart.
1.6 Images and / or engravings may be disseminated, displayed and marketed in a pure, individual or collective manner, or in products made and manufactured by PARTNER.
SECOND CLAUSE - DECLARATION OF AUTHORITY
2.1 The ARTIST states, under civil penalties, that it is the sole author of the images and / or engravings made available to the PARTNER through this agreement, being solely responsible for any claim and / or claim of practice of plagiarism and / or violation of Third-party copyright.
CLAUSE THREE - AUTHORIZATION OF IMAGES AND / OR ENGRAVINGS
3.1 Through this term, ARTIST authorizes the use of the images and / or engravings now provided to PARTNER for exclusively commercial purposes, which may print, elaborate and manufacture any licit products with said images / engravings, without any intervention by ARTIST.
3.2 Through this term, ARTIST declares and grants the exclusive right for the PARTNER to disclose, display and commercialize the images and / or engravings assigned to the whole national territory, in the format of Posters ARTIST is free to work in other non-conflicting media As well as to market other works not registered in the way that suits the Artist. Top Quadros reserves the right to develop new products in new formats.
CLAUSE FOUR - ASSIGNMENT OF RIGHTS PROTECTION
4.1 The PARTNER is expressly prohibited from transferring the rights that are being ceded in this term to third parties without the express authorization of the ARTIST.
CLAUSE FIVE - OF THE VALIDITY OF THE PRESENT
5.1 This term has an indefinite expiration and may be re-committed by either party at any time.
CLAUSE SIX - ARTIST'S RETRIBUTION
6.1 In retribution of the assignment of use and marketing rights subject to this term, PARTNER shall pay the ARTIST, as retribution, the value corresponding to the percentage of 20% (twenty percent) on the unit value of each image and / or engraving Commercialized.
6.2 The unit marketing value of each image and / or engraving will be assigned by the PARTNER, without any interference by the ARTIST.
6.3 The unit value corresponds only to the value of the image / engraving, not including in this value those related to the printing, frames, finishes and other props added by the PARTNER in the elaboration / manufacture of the products marketed.
6.4 The PARTNER shall pay the Artist monthly, always on the 10th (ten), or the first business day thereafter, in a single installment (cash) via the MOIP account.
6.5 In order to register on our site and to be able to sell your works, it is necessary that the Artist has Moip account so that he can receive his commissions. Top Quadros is not responsible if the Artist has problems in his account.
6.6 Top Quadros reserves the right to choose and indicate the PAYMENT INTERMEDIATORS used on the site, as well as to change them in the course of its activities.
6.7 The determination of the images and / or engravings marketed in the previous month shall be carried out on the first working day of the following month and the marketing report sent to ARTIST by the 5th (five), or the first working day thereafter, of the respective month.
CLAUSE SEVEN - PARTNER OBLIGATIONS
7.1 During the term of this agreement the obligations of PARTNER are:
A) The creation, elaboration and adaptation of the electronic pages, the virtual store in the electronic address (www.topquadros.com.br) for the publicity, exhibition and the commercialization of the images and / or engravings of the ARTIST;
B) Commercialize the images and / or engravings and other products with these final product, being responsible for receiving orders, billing, sending the product to the buyer to the address indicated by the latter, without any costs to the ARTIST;
C) To disclose, display and market in the physical store TOP QUADROS and in the virtual store (www.topquadros.com.br) the images and / or engravings of authorship of the ARTIST as well as any products manufactured by the PARTNER with said images during the whole term of this contract, and must be disclosed in a way that facilitates its visualization and location;
D) To Maintain the identification of the authorship of the ARTIST in each image and / or engraving in the physical store TOP QUADROS and in the virtual store (www.topquadros.com.br);
E) To Present information about the products in an organized way so that the buyers visitors can have easy access to the products marketed;
F) To Keep the electronic address available 24 (twenty four) hours a day;
G) To Keep the ARTIST data updated in their records;
H) To Keep ARTIST's sales control panel updated with the amounts to be paid and already paid.
I) To Make the monthly payment of the retributions to the ARTIST until the 10th day (10), or the first business day thereafter, in a single installment (in cash) via the MOIP account after the calculation of the images and / or prints commercialized in the previous month.
CLAUSE EIGHT - OF THE ARTIST'S OBLIGATIONS
8.1 During the term of this agreement the obligations of the ARTIST are;
A) To make available to the PARTNER images and / or engravings of its authorship for the divulgation, exhibition and commercialization in the physical store TOP QUADROS and in the virtual store (www.topquadros.com.br);
B) To Describe the images and / or engravings available to the PARTNER, through the form.
C) To respond for the authenticity of the authorship of the images / engravings, answering for possible allegations and / or complaints of plagiarism and violation of the copyrights of third parties;
D) To Allow the PARTNER the unrestricted use of the images and / or engravings in the elaboration and manufacture of products of its market line;
E) To Maintain the exclusive right of the PARTNER to use, divulge, display and commercialize the images and / or prints in the format of Posters, given through this
F) To Keep your registration data always up to date with the PARTNER.
CLAUSE NINE - GENERAL CONDITIONS AND REQUIREMENTS OF THIS TERM
9.1 The parties agree on the general conditions and requirements described in the following paragraphs:
9.2 The PARTNER is a company totally independent from the ARTIST and in this way, is the sole responsible for any transaction, service or negotiation that execute with third parties, not being able to represent the other in any time or pretext.
9.3 The PARTNER shall not assign or transfer the rights and obligations hereunder without the prior and express consent of the ARTIST.
9.4 For the dissemination, exhibition and commercialization of the images and / or engravings and other products with these elaborated, the PARTNER will carry out his activity in the best way that suits him, developing his activities with complete freedom, having no obligation to report to the ARTIST.
9.5 The prices of the images and / or engravings and other products with these elaborated, marketed by the PARTNER, will be fixed by it, without any intervention of the ARTIST.
9.6 The PARTNER shall obey a minimum criterion established between the parties for the fixing of the values of the images and / or engravings.
9.7 The financial retribution to the ARTIST will be solely and exclusively on the sales value of the images and / or engravings, not including any additions arising from the printing, framing, finishing and other props added by the PARTNER in the manufacture of the products marketed.
9.8 There will be no minimum quota of images and / or engravings to be provided by the ARTIST, as well as there will be no monthly quota for the sale of images and / or engravings by the PARTNER.
9.9 There shall be no advance payment.
9.10 There will be no employment relationship between the parties agreed, since this term is strictly a commercial partnership, absent the requirements set forth in art. 3 of the CLT;
9.11 All communications and understanding, during the term of this agreement must be made in writing (letters, e-mail's), which will form an integral part of this term.
9.12 The PARTNER may arrange meetings with the ARTIST to define directives, give directions or instructions, in order to assist him in the elaboration of new images and / or engravings, being optional his attendance
9.13 Any tolerance for non-fulfillment of any obligation related to this term, by any of the parties, shall be considered mere liberality, not constituting novation, precedent invocatable or tacit alteration of its terms, nor any right acquired by the other party.
9.14 This instrument ratifies and represents all understandings maintained between the parties with reference to the subject matter of this term, commencing any and all prior understandings, whether written or oral, relating to the subject matter hereof.
After reading this Agreement for use of images, the Artist agrees with all its content.