Agreement of collaboration with artists | Señor Cool
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Agreement of collaboration with artists

First.- Purpose of the collaboration

By virtue of the present agreement, the Provider (hereinafter, “ARTIST”) consents to transfer to the “SEÑOR COOL” its rights of: (i) reproduction; (ii) distribution; (iii) public communication and/or (iv) transformation, (hereinafter, “rights”) conferred by the Law of Intellectual Property 1/1996 of 12 April (hereinafter, LPI), with respect to the creations, artworks, images and designs that s/he created in accordance with the terms and conditions foreseen in the present instrument.

Said transfer is made on the part of the ARTIST to SEÑOR COOL for the sale of different products with the stamping or silk-screen printing of the creations, artworks, images and designs, although they will be always property of the ARTIST.

Second.- Terms of the transfer of the rights

  • The ARTIST declares that his/her creations, artworks, images and designs are original and wholly his/her property.
  • The ARTIST will respond for those creations, artworks, images and designs that s/he uploads to the website owned by SEÑOR COOL that are offensive, discriminatory, or obscene or that damage the sensibility of the person and SEÑOR COOL reserves the right to remove them and, if appropriate, eliminate the ARTIST’s account.
  • The ARTIST consents to transfer, for the purposes described in the first clause, the economic rights of his/her creations, artworks, images and to SEÑOR COOL, but said transfer will never be exclusive.
  • SEÑOR COOL can exhibit the creations, artworks, images and designs on its Website and social network profiles, including adaptations and modifications of same, as well as for its own advertising campaigns but, in any case, must always make clear mention of the author of the work, and without any cost to SEÑOR COOL.
  • The economic rights comprise the exploitation or transformation by the artist or by third parties of the creations, artworks, images and designs in any format or medium and by any existing system, procedure or modality currently known or unknown.
  • The ARTIST reserves the right to choose those products through which s/he wants to sell his/her creations, artworks, images and designs.
  • For the entire duration of the present agreement, SEÑOR COOL can transfer, assign the transferred rights or grant authorizations to third parties for their sale and exploitation. 
  • The ARTIST grants the transfer for the term s/he deems appropriate and, in any case, while his/her creations, artworks, images and designs remain on display on the Website and s/he does not cancel his/her account on same.
  • The ARTIST grants worldwide transfer. 
  • The ARTIST will keep confidential all information provided by SEÑOR COOL for execution of the agreement or that due to its very nature must be treated as such. Excluded from this category of confidential information is all information divulged by SEÑOR COOL that must be revealed in accordance with the laws or with a judicial resolution or with the act of a competent authority. This duty will remain in force for the entire term of the contractual relationship.
  • The ARTIST will be liable for the correction and accuracy of the documents provided to SEÑOR COOL in execution of the Agreement and will notify SEÑOR COOL immediately when s/he detects an error in order to adopt the corrective measures and actions s/he deems appropriate.
  • The ARTIST will respond for damages and losses to SEÑOR COOL and for possible claims from a third party that are directly caused by errors or negligence on the part of the ARTIST. 
  • The obligations established for the ARTIST through the present clause will be also of obligatory compliance for his/her possible employees, collaborators—external as well as internal—and subcontractors, and therefore the ARTIST will respond to SEÑOR COOL if these obligations are breached by these employees.
  • This agreement can be made public by petition of the parties. The expenses of making it public will be paid by the party who makes the request.
  • The ARTIST will execute the Agreement competently and professionally, complying with the demanded levels of quality and diligently caring for the materials of SEÑOR COOL s/he must use as a consequence of the agreement. 

Third.- Policy of Use

SEÑOR COOL will be solely liable and will decide on the commercial exploitation of the creations, artworks, images and designs transferred by the ARTIST.

Fourth.- Price and invoicing of rights

The price for transfer of the economic rights of the creations, artworks, images and designs of the ARTIST will be resolved through the payment of a royalty or commission per unit of product sold in accordance with the accompanying table at the following link and in accordance with the following rules:

  1. The payment of said royalty or commission will be made once SEÑOR COOL has charged the amount corresponding to the sale of the product through: (i) income in the current account of the ARTIST that s/he has registered on the website; (ii) telematically through PayPal and (iii) any other method indicated in the future by SEÑOR COOL.
  2. The ARTIST agrees that all data incorporated into his/her profile will be completely updated, above all that relative to his/her bank account, being liable for said update. In any event, SEÑOR COOL is not liable for the errors in income caused by the data provided by The ARTIST.
  3. The income from the royalty or commission, which will always be paid in euros (€), will be made in the first days of the following month once the commission has been confirmed and after the expiration of the term of claims on the part of the buyer and when the article has not been returned.
  4. Said amount for royalty or commission can vary at the request of SEÑOR COOL, without the need to obtain the ARTIST’s consent, it being sufficient for this purpose to modify the table accompanying the following link to display all the judicial purposes between the parties here involved.

The ARTIST bears the totality of the contributions, whatever their nature and character may be, that accrue as a consequence of the agreement, and will invoice SEÑOR COOL monthly for the income received for the commission or royalties per sale unit of the products with his/her creations, artworks, images and designs.

Fifth.- Price of manufacturing the products

The price of manufacturing those products with the creations, artworks, images and designs of the ARTIST transferred on them will be assumed in its totality by SEÑOR COOL, as well as all expenses, taxes, contributions, royalties or tariffs required by same.

The public sale price of the product will be that freely established by SEÑOR COOL, who can establish advantages for those consumers who acquire a large number of units.

Sixth.- Suspension of Artist account

The accounts of those ARTISTS who upload creations, artworks, images and designs of which they are not the creators or over which they do not hold any right will be automatically eliminated.

SEÑOR COOL reserves the right to suspend the accounts of ARTISTS who do not comply with the regulations or who use this platform for anything other than its intended purpose.

Seventh.- Length of the agreement

The term of the present Agreement will remain in force as long as the ARTIST maintains his/her account open on the website.

The ARTIST can close his/her account at any time, as well as remove his/her creations, artworks, images and designs, and from that exact moment, said works will no longer be available on the SEÑOR COOL Website and store, but only as long as there are no previous orders not yet fulfilled; in that event, SEÑOR COOL can retain the creations, artworks, images and designs while it finalizes the processes of purchase, invoicing and payment of the corresponding commission to the ARTIST.

Eighth.- Modification

SEÑOR COOL can voluntarily novate the clauses and conditions of the present agreement, accepting that the ARTIST can automatically do the same if s/he does not unsubscribe from the Website and, thus, generate obligations for the parties here involved.

Ninth.- Termination

SEÑOR COOL and The ARTIST can terminate The Agreement, with the right to indemnity for damages and losses caused, in the event of a breach of the obligations established in same, especially if SEÑOR COOL is damaged by a third party holding the rights over the Intellectual Property covered in this Agreement.

Tenth.- Notifications

All notifications by the Parties must be made by email with acknowledgement of receipt to the following emails:

Eleventh.- Judicial system and applicable legislation

The present Agreement is of a commercial nature and will be governed by its own clauses, as well as, in anything not foreseen in same, the provisions of the Code of Commerce, business practices and, in their absence, in The Civil Code, there being in no event any employment relationship between SEÑOR COOL and the ARTIST or with any of their staff or employees.

Twelfth.- Jurisdiction and Competence

SEÑOR COOL and the ARTIST, with waiver to their own jurisdiction if another corresponds to them, are subject to the Courts and Tribunals of the city of Madrid.