By submitting your work to OtherTees you are agreeing to the following Artist Agreement which serves as a binding contract between you and OtherTees.com


Agreement by and between ... ("Artist")
and
OtherTees Krystian Żmijewski ("OtherTees")
Pralników 5, 66-470 Kostrzyn nad Odrą, Poland
VAT NUMBER: PL8512850071


GRANT OF RIGHTS/ARTIST SUBMISSION

1. If we will pick your design we will contact you via e-mail to arrange all details regarding print. Within 10 business days after the sale period OtherTees will contact you to let you know about # of t-shirts with your design sold

2. Artist grants OtherTees the non-exclusive, world-wide license and right to use, reproduce, print, publish, publicly display, market, sell and distribute the ... art ("Artwork") in all forms and media on all types of apparel and garments of any kind. OtherTees is granted 3 days (72hours) license period to sell products with your design printed on it. OtherTees retains the right to display artwork and use it in promotional materials indefinetely.

3. Artist grants OtherTees the non-exclusive, world-wide license and right to use, reproduce, print, publish, publicly display, market, sell and distribute the ... art ("Artwork") in all forms and media on all types of apparel and garments of any kind. In case art is picked to be sold in OtherTees Shop (http://www.othertees.com/shop/), OtherTees is granted indefinite license period to sell products with art printed on it. Artist can revoke that license at any time by contacting OtherTees ([email protected]).

4. OtherTees reserves the right to make small changes to artwork to prepare it for production/printing on apparel and garments.

5. Artist obliges to deliver the Artwork to OtherTees in printable digital format (.psd, .ai, .png or any other format accepted by OtherTees).

COPYRIGHT OWNERSHIP

1. Artist retains copyright ownership of the Artwork.


NO OBLIGATION

1. Use of the Artwork by OtherTees in apparel and garments is at OtherTees sole discretion. OtherTees is under no obligation to use the Artwork at all, or to use the Artwork in any specific manner or for any specific duration of time.

2. OtherTees reserves the right to reverse the decision to print/sell your design for any or no reason at all. OtherTees also reserves the right to modify your design for production/printing process (colors, size, etc.).

ARTIST COMPENSATION

1. If art is chosen to be printed by OtherTees you will be paid 1$ per every item bearing your design, which is sold during the sale period of your design.

Together with all products sold during "limited" sale period (72 hours) OtherTees will also print/produce a certain % of products extra (about 3-6% of the sold amount) which are used as replacements for items that go missing in the post, damaged or products that are returned for exchange, complaint etc. Commission will not be paid for these products. The Artist also agrees that OtherTees may sell any remaining products of their design (products from returns, extra stocks) at a future date in a Sale format (sold at reduced price) or other format of OtherTees's choosing.

2. If art is chosen to be printed by OtherTees to be featured in OtherTees Shop (http://www.othertees.com/shop/) in "Print on Demand" format Artist will be paid following commissions:

Clothing:

- product sold at regular retail price - 3$ per item sold
- product sold at "reduced price" (up to 15% discount from base price) - 2$ per item sold
- product sold at "sale price" (15% discount and over) - 1$ per item sold
- product sold at "mega sale price" (25% discount and over) - 0.50$ per item sold

Mugs:

- product sold at regular retail price - 1$ per item sold
- product sold at "reduced price" (up to 15% discount from base price) - 0.80$ per item sold
- product sold at "sale price" (15% discount and over) - 0.60$ per item sold
- product sold at "mega sale price" (25% discount and over) - 0.30$ per item sold

Posters:

- product sold at regular retail price - A2 size - 2$ per item sold / A3+ size - 1.80$ per item sold
- product sold at "reduced price" (up to 15% discount from base price) - A2 size - 1.50$ per item sold / A3+ size - 1.30$ per item sold
- product sold at "sale price" (15% discount and over) - A2 size - 1$ per item sold / A3+ size - 0.80$ per item sold
- product sold at "mega sale price" (25% discount and over) - 0.50$ per item sold / A3+ size - 0.40$ per item sold

Tote Bags:

- product sold at regular retail price - 2$ per item sold
- product sold at "reduced price" (up to 15% discount from base price) - 1.50$ per item sold
- product sold at "sale price" (15% discount and over) - 1$ per item sold
- product sold at "mega sale price" (25% discount and over) - 0.5$ per item sold

Sack Bags:

- product sold at regular retail price - 2$ per item sold
- product sold at "reduced price" (up to 15% discount from base price) - 1.50$ per item sold
- product sold at "sale price" (15% discount and over) - 1$ per item sold
- product sold at "mega sale price" (25% discount and over) - 0.5$ per item sold

Pillowcases:

- product sold at regular retail price - 1$ per item sold
- product sold at "reduced price" (up to 15% discount from base price) - 0.70$ per item sold
- product sold at "sale price" (15% discount and over) - 0.50$ per item sold

All the "Print on Demand" payments are processed by OtherTees once a month on a monthly basis with reservation that Artist has a minimum balance amount of 100$.

3.All payments may be processed in USD or EURO. National Bank of Poland exchange rate from the day of payment will be used to calculate the payment amount in any other currency than USD.
4. Artist acknowledges that OtherTees makes no representations, warranties, or covenants with respect to the level of sales, if any, for the apparel, garments or other items or the amount of fees to be earned by Artist.
5. The commissions will not include a fee for the sale of Products which were returned by the Customer (on the basis of a complaint or withdrawal from the purchase) or for the sale of Products which has been cancelled.
6. OtherTees reserves the right to correct any mistakenly counted commission which can occur due to the system errors. Either in favor of the artist or to the disadvantage of the artist. 
7. Artist will be contacted by OtherTees representative with commission amount details which Artist earned during the print run.
8. Artist shall issue an invoice to OtherTees through Paypal service or his own invoicing system for the earned commission amount.
9. Invoice should contain following details:

- issue date
- invoice number
- Artist name and address,
- tax number (or company details)
- OtherTees company details as recipient:

OtherTees Krystian Żmijewski

Pralników 5

66-470 Kostrzyn nad Odrą

POLAND

TAX NUMBER: PL8512850071

10. All the commissions are paid to the Artist through Paypal. Paypal commissions are paid by the Artist.


ARTIST REPRESENTATIONS

Artist represents and warants that:

a) the Artwork is Artist's original product, owned and created/controlled by Artist;

b) Artist have the full right and power to enter into and perform this agreement;

c)  Artwork is not subject to any third party agreements which conflicts with this Agreement or might limit, restrict or impair the rights assigned or granted to OtherTees;

d)  Artwork does not and will not violate any law or infringe upon any intellectual property right, right of privacy or publicity or any rights of any third party, including any trademark, copyright, trade names, inventions, discoveries, patents.
Artist agrees to indemnify, reimburse, defend OtherTees from all costs, expenses (including reasonable legal/attorney fees) and/or damages, loss, liability related to:
a)  breach of any rights of a third party, including, without limitation any intellectual property or privacy right (trademark, copyright, trade names, inventions, discoveries, patents;

b)  any claim that Artwork caused damage to a third party;
This paragraph shall survive the expiration or termination of this Agreement for any reason.

CREDIT

1. OtherTees shall provide Artist with appropriate credit in the Artwork, at OtherTees discretion.

INDEMNIFICATION

1. You agree to indemnify, reimburse, defend OtherTees from all costs, expenses (including reasonable legal/attorney fees) and/or damages, loss, liability related to:

a) breach of any rights of a third party, including, without limitation any intellectual property or privacy right (trademark, copyright, trade names, inventions, discoveries, patents)

b) any claim that one of your Design/Artist Submissions caused damage to a third party

TAXES

1.  All earnings paid to Artist by OtherTees.com are net earnings and are subject to taxes.

2. OtherTees.com will deduct an advance payment towards taxes and other official and administrative fees (i.a. WHT, VAT) that OtherTees is obliged to pay in different countries around the world.

3. When obliged OtherTees.com will pay withholding tax (WHT income tax) in Poland. Any other taxes applicable in Artist country are subject to his own consideration and must be paid by the Artist himself. Artist is an independent contractor and is solely responsible for, shall pay when due any taxes/fees/dues imposed on Artist by the government of the country he lives in or any local tax jurisdiction.

4. If EU special rules do not apply, the domestic WHT rates can be decreased by a DTT concluded between Poland and the payment recipient’s country of residence if certain administrative conditions are met (i.e. the payer obtains a valid certificate of a fiscal residence of the payment recipient/beneficial owner).

5. You're bound by this Artist Agreement to provide OtherTees.com with your Taxpayer information when asked for. You may be assured that all your personal information are safe with us and will be only used for our settlements with Revenue Services. In case of lack or incorrect data provided, OtherTees reserves the right to withhold payment until receipt of relevant data.

6. Artist commits to provide OtherTees with the Certificate of Tax Residence when asked for. This certificate confirms that the Artist pays taxes in the country that has issued it. OtherTees reserves the right to request valid Certificate of Tax Residence in case of its expiry.

TERMINATION

1. OtherTees/Artist may terminate this Agreement for any reason immediately upon written notice to  Artist/OtherTees.

2. If OtherTees terminates this Agreement for any reason other than Artist’s breach of the Agreement, Artist shall be entitled to retain the amounts paid to Artist up to the date of such termination and shall not be entitled to any further compensation.

3. If OtherTees terminates this Agreement as a result of Artist’s breach of the Agreement, Artist shall return all amounts paid to Artist hereunder. Upon such repayment, all rights granted to OtherTees under this Agreement shall terminate, and OtherTees shall have no further obligation of any kind to Artist.

GENERAL PROVISIONS

1. This Agreement is binding upon and inures to the benefit of the executors, administrators, heirs, and assigns of the Artist and OtherTees. Any notices permitted or required under this Agreement shall be deemed sufficient if sent via email to [email protected] and email receipt is acknowledged by OtherTees. OtherTees shall communicate with Artist via email address provided by Artist.

This Agreement represents the entire agreement between parties, and may not be modified or terminated other than by a writing executed by both parties. If one or more of the provisions contained in this Agreement is held invalid, illegal, or unenforceable in any respect, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired. The waiver of any breach of any provision of this Agreement, regardless of the number or extent of such waivers, shall not be construed as a modification of this Agreement or as a waiver of any other breach of that provision or of any other provision of this Agreement.

If, in the opinion of either party, the other has breached this Agreement, the such party shall notify the other in writing of that breach, which shall not be a ground for any action, claim, or proceeding unless the alleged breach has not been substantially cured within thirty (30) days after receipt of notice. In the event of OtherTees breach, Artist may seek damages only; in no event shall the Artist be entitled to interfere with, enjoin, or otherwise restrain OtherTees  non-exclusive right to use and incorporate the Artwork on or in apparel and garments.

The legal relationship established under this Agreement shall be construed in accordance with and governed by the Polish law. To matters not governed by this Agreement, provisions of the law, in particular the provisions of the Polish Civil Code, shall apply.