Seller Agreement

Nonexclusive License Agreement

Welcome to Artsprojekt

The following terms of this Nonexclusive License Agreement ("Agreement") apply if you create products with Zazzle Inc. 's ("Zazzle") design tools and/or publish a Design to be displayed and/or offered for sale on the website located at the URL www.artsprojekt.com operated by Zazzle (the "Site"). "Design" means any and all artwork, photographs, sketches, drawings, text, and digital images that you send to Zazzle for placement on the Site or on physical or electronic products made by or for Zazzle ("Products").

Licenses. By uploading Designs to the Site or creating Designs with Zazzle's design tools, you grant the following licenses to Zazzle: the nonexclusive, worldwide, transferable, sublicensable right to use, reproduce, publicly display, sell, and distribute the Design in or on Products and in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site and Products; and the right to make modifications to your Design as necessary to prepare your Design for use in a particular Product category if you agree that your Design may be used in such category. If you select the "customizable" option, you also agree that Zazzle and its customers may make changes to the Design and combine it with other designs for the purposes of creating and ordering Products. You agree that, for a period of thirty-six (36) months from launching your store on this Site (even if you remove your Designs from the Site), you will not offer or authorized any other third party to offer on-line, made-to-order products bearing images, graphics or logos owned by you.

You may remove your Design from the Site at any time, and you retain all copyright and other intellectual property rights in your Design. Upon the removal of a Design, the licenses above will terminate, except that Zazzle will fulfill any orders placed prior to termination and Zazzle may continue to use your Design in marketing and promotional materials if such materials were printed prior to removal of the Design.

Tags & Descriptions. At the time you publish a Product, you will be asked to provide information (title, description, tags, categories) about your Design so that visitors to the Site can search and find relevant products. You will make best efforts to provide accurate, non-misleading information about your Designs and you will not submit unrelated information in connection with your Design for any purpose. If Zazzle determines that information is misleading or inaccurate or that it violates the rights of a third party, Zazzle may delete such information or your Design, in its sole discretion.

Pricing. Zazzle determines the price at which Products are sold on the Site and affiliated sites. You can see Zazzle's standard retail prices (and its volume discounts) at [insert url]. The actual retail price for Products incorporating your Designs may vary based upon Your Royalty Rate (see below).

Royalty. Zazzle will pay you a royalty for all sales of Products incorporating your Design ("Royalty"). Zazzle's standard royalty rate is 10% ("Standard Royalty Rate"), but you have the option of selecting any royalty rate between 10% and 99% (in increments of .1%) for each of your Designs as incorporated in each Product category ("Your Royalty"). If you select a royalty rate greater or less than 10%, Zazzle will change the retail price to reflect the increased royalty rate payable to you.

Your Royalty will be calculated as follows:

Revenue actually received by Zazzle for sales by Zazzle of Products incorporating your Design minus:

• Amounts charged for shipping, handling, packaging, insurance, and sales or similar taxes
• Refunds, credits, and reversals and
• Referral Fees for such sales and
• Upcharges for special sizes, framing, and embellishments ("Upcharges") multiplied by Your Royalty Rate.

Zazzle will also pay you a Royalty at the Standard Royalty Rate for "Upcharges" received by Zazzle based on orders for Products incorporating your Design, subject to deductions for returns, credits, and reversals.

Transaction Fee. If you select a Royalty Rate over 20%, Zazzle will retain a transaction fee of 5% of Your Royalty for sales of Products that are subject to the higher rate.

Ineligible Sales. Zazzle will not pay you a Royalty for sales of any Products which incorporate a Design that violates this Agreement, the Artsprojekt User Agreement or any of your representations below. For example, if Zazzle discovers that one of your Designs infringes someone else's copyright or that you do not have the right to use the Design, Zazzle reserves the right to reverse all Royalties for such Designs, whether due or already paid.

Statements and Payments. Royalties are payable for all sales of Products incorporating your Design. Zazzle maintains a statement of Your Royalties (both pending and paid). You may check your statement in the "My Artsprojekt" and "My Account" sections of this Site or the Zazzle.com site. Zazzle will pay Your Royalty. in accordance with the selections you make in the "payment settings" section of your account. Zazzle makes the following options available:
1) receive payment as soon as you have reached the Royalty. threshold set by Zazzle from time-to-time and in accordance with Zazzle's payment schedule (45 days after the end of the month); or
2) have Your Royalty. held in your account until you choose to have your payment made (after reaching the Royalty. threshold set by Zazzle); or
3) hold Your Royalty. in your account to apply toward a purchase on the Site.

On the Payment Settings page within the "My Artsprojekt" and My Account sections, you may also choose your method of payment (for example, check or PayPal). Zazzle, in its discretion, may change the methods of payment that are available, and certain methods of payment may not be available for all balances. For example, if you choose to receive payment by check, Zazzle may set a minimum balance as a pre-requisite to issuing a check. In such case, you will be required to select an alternative payment method in order to receive payment of a balance below the minimum. Any such restrictions will be reflected on the Payment Settings page, which may be updated by Zazzle from time to time.

Marketing & Promotions. Zazzle may market, promote, and sell Products on the Site, on other websites, and/or through distributors and wholesale or retail channels. Zazzle may run promotions (including volume discounts and special sales discounts). Zazzle is responsible for the cost of promoting the offer and producing and fulfilling the orders, and you acknowledge that your Royalty will be based on the amount of revenue Zazzle actually receives for the sale of Products.

Representations. You represent that:

• You are the owner of the Design or that the Design is in the public domain; and
• You have the legal right grant this license to Zazzle and to enter into this Agreement; and
• To your knowledge, no one else claims ownership of, or exclusive rights to, the Design; and
• The Design does not infringe the privacy, celebrity, moral or other rights of any third party; and
• The Design is not defamatory or obscene; and
• The Design does not contain any defamatory, obscene or discriminatory content or any illegal material; and
• Zazzle may legally make and sell Products incorporating the Design without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party; and

Artsprojekt User Agreement. This Agreement supplements the Artsprojekt User Agreement, which is incorporated by this reference.