Agreement for Digital Art Licensing and Sales
1. Scope of Agreement
The Individual Artist agrees to provide digital artwork to BienArts CY for the purpose of selling it as art prints, mobile cases or/and services (the designs can be used for the items and services that the BienArts CY pre-agreement with the Individual Artist, not for all). BienArts CY agrees to sell the artwork under the terms and conditions specified in this Agreement.
2. Compensation
BienArts CY agrees to pay the Individual Artist with the agreed percentage % of the selling price for each agreed item or/and service sold that features the digital artwork provided by the artist. Payments will be made on a monthly/quarterly basis.
3. Reporting
BienArts CY agrees to provide the Individual a report of the agreed item or/and service that sold on a monthly/quarterly basis.
4. Copyright and Ownership
The copyright of all digital artwork provided remains with the Individual Artist. BienArts CY acknowledges that it has no ownership rights over the artwork.
5. Usage Restrictions
BienArts CY agrees that the digital artwork provided by the Individual Artist will only be used for printing on agreed items or/and services. BienArts CY will not print the artwork on any other products or sell items featuring the artwork without the express written consent of the Individual Artist.
6. Notification of Sales
BienArts CY agrees to notify the Individual Artist in advance if it plans to sell items featuring the digital artwork outside the agreed terms.
7. Confidentiality
With respect to this Agreement and any information supplied in connection therewith and designated by the Individual Artist to the BienArts CY and vice versa, as confidential, the parties agree to hold it confidential. The above undertakings shall not apply to information which is to be disclosed in accordance with the laws of Cyprus.
8. Waiver
No failure or delay by any party in exercising any of its rights under this Agreement shall be deemed to be a waiver of such rights and no waiver of a breach of any provision of this Agreement shall be deemed to be a waiver of any subsequent breach of the same or any other provision.
9. Force Majeure
Neither party shall be in breach of this agreement nor liable for delay in performing, or failure to perform, any of its obligations under this agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.
10. Termination
Either party may terminate this Agreement with 14 days days written notice. Upon termination, BienArts CY must cease all use of the digital artwork and settle any outstanding payments to the Individual Artist.
11. Miscellaneous
11.1 Any notice required or purported to be given under this Agreement to any of the Parties hereto by the other Party shall be in writing and may be given by personal delivery or by email to the respective address stated above or to such other address which may from time to time be notified by each party to the other.
11.2 None of the Parties hereto shall have the right to assign or transfer its interest, rights and obligations under this Agreement to any other party without the written consent of the other Party hereto on condition however that such consent shall not be unreasonably withheld or delayed.
11.3 All amendments and additions to this Agreement shall be made in writing and signed by the Parties.
11.4 All the above terms and conditions are essential in this Agreement and in the event any of the Parties is in breach of the Agreement, then the innocent Party has the right to claim legal damages and/or to cancel this Agreement as the case may be, notwithstanding any other provisions in this Agreement.
12. Governing Law
This Agreement shall be construed and interpreted in accordance with the laws of the Republic of Cyprus and the Parties hereto irrevocably submit to the exclusive jurisdiction of the courts of Cyprus in connection herewith.