TERMS AND CONDITIONS
MARKETING AND SALES OF PHOTOGRAPHS, ILLUSTRATIONS AND PRINTED POSTERS between FANARTIC AB and the partner
1.1 Inom Ramen AB, org. No. 559228-5638, operates the Fanartic.com Website
1.2 The designer/illustrator/photographer (hereinafter referred to as the Partner) produces originals and grants the right and creates the conditions for selling these via the websites.
1.3 Fanartic and the Partner have agreed that Fanatic will sell the Partner's Products on the Website and be responsible for printing them. The partner must provide a print-ready original for this. The parties have therefore entered into this agreement on the terms set out below.
The terms used in this agreement have the following meanings:
The agreement: This agreement with any annexes.
Advertising solutions: Banner advertising, sponsorship, collaborations, other forms of advertising, and other related solutions.
The products: The illustrations/designers/posters that will be sold on the Website
Original: Print-ready original in a high-resolution and print-friendly format.
Settlement period: Total sales during a quarter.
3.1 The partner grants Fanatic the right as a company, to private individuals and companies, to sell the products on the Website at an agreed price.
4 RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1 Fanatic has the right to freely market the Products in any way without the Partner receiving compensation for this or incurring costs arising from this marketing.
4.2 Fanatic is responsible for the structure, layout, technical implementation required to sell and print the Products.
4.3 The partner undertakes to ensure that originals are available for printing and publication during the contract period.
4.4 If the Products have been developed specifically for Fanatic, they may not be sold at another retailer during the term of this agreement. If the Products are already sold at the beginning of the agreement via another reseller, the Partner may continue to do so and initiate new partnerships for these works.
4.5 Fanatic has the right to remove paintings from the website if these do not sell according to the turnover that Fanatic wishes.
4.6 The partner owns their photographs / illustrations / designs. If the Partner wishes to have its products removed from fanartic.com, fanartic is responsible for ensuring that all products belonging to the Partner are removed from the website as soon as possible and all sales cease.
5 FINANCIAL REMUNERATION / PRICING
5.1 The commission to the Partner is based on the monthly sales of the Products sold via the Websites. The commission amounts to 15 or 20% of the sales price. This means that if a poster costs xxx kronor including VAT, the Partner receives xxx kronor including VAT.
5.2 The price of the Products is set in consultation between Fanartic and the Partner. However, the partner may not sell the Products cheaper in its store.
5.3 No later than the last working day of the month following the settlement period, Fanatic shall report to the Partner in writing and pay the amount for the previous settlement period's total commission income. The money is paid out of the Partner's provided account where F-tax must be available. In the event of late payment, a party is entitled to default interest following the Swedish Interest Act (1975: 635). In the event of a disputed invoice item, the party has the right to withhold the disputed amount until the dispute is resolved. Undisputed parts of the invoice must be paid on time.
6.1 Nothing else is agreed.
7 AGREEMENT TIME AND TERMINATION
7.1 The agreement enters into force as soon as it has been approved by both partners. Thereafter, the agreement is valid until further notice with 1 month's notice.
8 PREVIOUS TERMINATION
8.1 Each party has the right to terminate the Agreement in writing until immediate termination if:a) the other party materially breaches its obligations under the Agreement and does not make amends within twenty (20) days after written notice thereof.
9 LIMITATION OF LIABILITY
A party's liability for damages or other compensation due to a breach of this agreement, shall not exceed an amount corresponding to 1 price base amount.
10 FORCE MAJEURE
10.1 If a party is prevented from fulfilling its obligations under the Agreement or the performance becomes unreasonably onerous due to circumstances beyond his control which he could not reasonably be expected to have anticipated after the agreement and the consequences of which he could not reasonably have avoided or overcome If a subcontractor is prevented from fulfilling his obligations to a party due to such circumstances, this shall constitute grounds for exemption which result in the advance of the time of performance and exemption from penalties for impaired performance.
10.2 If a party's fulfillment of contractual obligations is substantially prevented for a period longer than three (3) months, the party may, without obligation to pay compensation, withdraw from the Agreement in writing.
11 INTELLECTUAL PROPERTY RIGHTS
11.1 The agreement does not imply any transfer of any intellectual property rights from one party to another party. A party does not have the right to use the other party's trademark, company name, or other trademark or business mark without the consent of another party.
The parties undertake to treat without confidentiality all information, both written, oral, and electronic received from the other party and not to disclose or otherwise disclose such information to third parties to a greater extent than is required for the fulfillment of the parties' commitment in the Agreement.
14 ORDER OF INTERPRETATION
If there is conflicting information between this document and the annexes to the Agreement, this document shall be valid before the annexes. If conflicting information appears in the annexes to this document, the annexes apply to each other in the order indicated in the list of annexes on the first page.
15 AMENDMENTS AND SUPPLEMENTS
Additions to and amendments to this Agreement and its annexes shall be in writing and informed to the Parties to be valid. E-mail must be valid as written communication.
A Party may not, without the written consent of the other party, transfer or sublease rights and obligations under this Agreement to third parties.
The failure of a Party to exercise any right under this Agreement or the failure to point out any particular relationship attributable to this Agreement shall not imply that the Party has waived its right in such respect.
19 DISPUTES AND APPLICABLE LAW
Disputes regarding the interpretation or application of the Agreement and related legal matters shall be decided by a Swedish court in Stockholm
As a partner, I accept these terms and want to sell my Products on Websites.