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Artist Partner Agreement, Modern Mural

The following is a legal agreement between an Artist Partner ("You", "Your", "Partner", "Artist") who provides photos and/or illustrations ("image", "content", "artwork") to www.modernmural.com website ("Modern Mural", "Us", "We", "Our"). By reading the following terms and agreeing to them you are bound to the terms of the Artist Partner Agreement. By uploading your images to a personalized FTP account, you assure and guarantee that the following are valid:

  • You own the image and its content, or have permission to use the image and its content. If you are not the owner, you must have the right to display, reproduce, and sell the image. If you are caught and found guilty of copyright infringement, we will immediately terminate the Artist Partner agreement and criminal prosecution may occur. By agreeing to these terms, you license Modern Mural to use the image.
  • You must have rights to depict any identifiable persons in the content. Along with the uploaded image you must present a valid, legal and signed Model release form if such persons appear in the content. In addition, any persons under the age of 18 must have a valid signed guardian's Model release form to be submitted with the image.
  • We may, at any time, remove any approved image if we find it to be poor quality, contain inappropriate subject matter, or if it infringes on any right. We reserve the right to cancel your agreement at our sole discretion due to inappropriate content or otherwise.

Image Qualifications

  • The image should be submitted at its highest resolution possible. Keep in mind that we produce oversized printed artwork and superb resolution is the key to qualifying your art to be printed.
  • Please remove existing trademarks. By uploading your images you grant us the rights to reprint your artwork. Because your image is on our website and we are acting as your agent on our website, we will supply it with a Modern Mural watermark.
  • We review every image before uploading it to our website. If your image is declined for approval it may be because of the following reasons: poor image quality (extreme graininess, noise, and discoloration), inappropriate content, inadequate lighting, inadequate composition, compression marks, copyright/trademark infringement, or violent / adult content.

Compensation

Commissions through Modern Mural are automatic anytime a print is ordered containing your art. You will receive a commission of $20 USD for each physical print we use for one of our designs sold under $300, and $30 for each item above $300 in price. We never distribute or sell the original digital copies of your art, we only sell physical prints. Because of this, you retain rights to your images. In addition, there are no third party distributors. As an Artist Partner, you grant us the rights to be a non-exclusive agent in providing printed artwork to our clients. By agreeing to these terms, you also allow us the right to use the images to promote the Modern Mural website and in our online gallery. We reserve the right to crop, enhance, reproduce, or modify your images in order to promote our designs. No fee will be paid to the Partner for Our promotional use of such images.

Termination

Both the artist partner and Modern Mural may at any time terminate the artist partner agreement with a written notice and proof of identity. Once the partnership is terminated, we will remove your images from our website within 7 (seven) days. If for any reason your membership is terminated due to copyright infringement or any other serious case (which is determined at Modern Mural's discretion) your images will be removed from our website and we will automatically yield the earnings that are remaining in your account.

Indemnification

You agree to indemnify, defend, and hold harmless Modern Mural and its officers, employees, affiliates and suppliers against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this Agreement, the use of the Website and the use or the inability to use any Image, your failure to abide by any restriction regarding the use of an Image, or any claim by a third party related to an Image.

Warranty and Liability

THE WEBSITE AND THE IMAGES ARE PROVIDED "AS IS". WE OFFER NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY IMAGES, THE WEBSITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MODERN MURAL DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR THE IMAGES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SITE INCLUDING WITHOUT LIMITATION ANY OF THE CONTENT OR INFORMATION CONTAINED THEREIN. We reserve the right to make changes to the agreement with the knowledge of the artist partner.