Seller Contribute Agreement
Website: Cgartbin.com. (http://www.cgartbin.com), including the accompanying hardware, software, databases, files, interfaces, algorithms, registered users and their data.
File:File “Content” means any material published at Cgartbin including but not limited to wire files ,digital models, 3d models, 3d illustration models, game models, 3d prints, sculptures, toys, images, Textures, photography, video presented, Plugins, brushes, Videos games, animation files, motion files, collections, bundles, packages, 3d models, digital files, eBooks, books, materials, shapes, scripts, tutorials, commonly asked questions, words, music, films and software in electronic form that may be accompanied by associated files, which has been placed in the Website archive and can be normally accessed from there.
User: a registered user or member. There are two types of Users: Buyer and Seller.
Buyer: a Website user registered to purchase, using various methods, rights to use Files displayed by and transmitted from the Website.
Seller: an individual (or legal entity) who is an author of, or possesses all rights to, Files that he/she provides to the Website for displaying, transmitting and/or selling to Buyers.
Upload: the act of a Seller transmitting File(s) to the Website for the purpose of displaying, transmitting and/or selling them to Buyers; also, any File(s) so transmitted.
Partners: affiliates, business partners and other third parties who contract with CGartbin for the purpose of displaying, transmitting and/or selling Files to Buyers.
Exclusive File: a File which is distributed exclusively through the Website or through Partners.
Exclusive Seller: a Seller who distributes his/her files exclusively on the Website or through Partners.
Confidential Information means certain information, concepts, data and know-how, whether orally, visually or in electronic or tangible form or otherwise, relating to the Services, the business and prospective business of CGartbin, and to CGartbin’ existing or potential products, processes and services, including without limitation, User lists, File lists, Contributor lists, trade secrets, inventions, technology, designs, methods, know-how, show-how, systems, software programs, works of authorship, financial records and information including pricing methods, customer lists and information, plans, proposals, projections, and marketing plans and strategies.
2. GENERAL PROVISIONS
This Agreement specifies the legal relationship between Gohitah Ltd T/A Cgartbin as operator of the Website and a Seller of Files to the Website. The Seller appoints Gohitah Ltd T/a CGartbin as an agent for the distribution and licensing of the Seller’s files, on either an exclusive or non-exclusive basis. Upon acceptance of the conditions of this Agreement, Seller can Upload Files for access on the Website, adhering to the terms and conditions of this Agreement for each File Uploaded. This Agreement comes into force at the moment of the Seller’s account registration on the Website and is valid up to the moment of its termination. If the terms or conditions set forth herein are unacceptable to the Seller should terminate this Agreement in accordance with the procedure given below.
3. PROVISION OF FILES
The Seller Uploads Files of different formats on the Website using internal CGartbin tools or other tools approved by Gohitah Ltd T/A CGartbin (e.g., website seller account or FTP). CGartbin alone decides which of the Files submitted by Seller are suitable for posting on the Website. In addition, both parties agree that all Files Uploaded by Seller are subject to the rules of Gohitah Ltd T/a CGartbin.
4. REQUIREMENTS OF FILES TO BE UPLOADED
By the act of Uploading Files, a Seller confirms and guarantees that:
• Seller is the owner of all necessary copyrights and related rights for the uploaded Files;
• Each Uploaded File had never been used and would never be used by Seller for the creation of, trademarks or registered trademarks, whether for personal use or for third party use;
• For any object, work or creation (work of art, toy, handmade work, etc.) subject to rights or permissions regarding the commercial use of its image that is depicted in any Uploaded File, the Seller has all necessary written permissions and clearances for the use of said image in this File, copies of which should accompany the File;
• All Files containing images of people or private property should be accompanied by the appropriate permissions (except for files flagged for “Editorial use only”);
• A Seller who represents the interests of a company, business or group of individuals ensures that he possesses all necessary documents and permissions regarding copyrights and related rights for the File as well as the right to sell files for commercial use.
5. CONTRIBUTORS RIGHTS & OBLIGATIONS - NON - EXCLUSIVITY AND EXCLUSIVITY:
Gohitah Ltd T/A Cgartbin allows you the opportunity to work with cgartbin.com in one of three manners: contributors who upload digital models which are available for sale with other digtial media stock market place (NON-EXCLUSIVE CONTRIBUTORS), contributors that upload digital media files that are exclusively sold on cgartbin.com (EXCLUSIVE 3d models, IMAGES, And other content) and contributors that are solely represented by cgartbin.com (EXCLUSIVE CONTRIBUTORS).
Contributors are required to keep at least seventy (70%) percent of their portfolio online with cgartbin.com for a period of at least six (8) months. You may disable all files older than eight months from the date of review at any time. You will be allowed to disable a total of thirty (30%) percent of your total digital files submitted within the past six (8) months. Digitial files that were disabled and then enabled again will be counted as new submissions, no matter of their original upload date.
Contributors shall receive a percentage (Royalties) from each sale made by cgartbin on their behalf as described in the paragraphs below. Considering the dynamic nature of the industry, Cgartbin and its distributors, affiliates etc. can represent the artist using different marketing techniques or models ( third party distributors etc.). Royalties are calculated based on net sales amounts after payment of referral fees, as described above. Notwithstanding the foregoing, provided Contributor is otherwise in compliance with the terms of this Agreement, cgartbin will not seek repayment of any overpayments made to Contributor. No Contributor shall be entitled to receive payment, nor shall cgartbin be liable for any such payment, unless and until the total amount of that Contributor’s unpaid earnings exceeds One Hundred U.S. Dollars (US$100.00).
Contributors are not allowed to download their portfolio (partly or completely) , especially if this is performed in order to take advantage of any available discounts and bonuses provided by cgartbin.com. Contributors who lost their own digital media files during a hardware failure are asked to contact support in order to receive a copy of their own files.
Non-exclusive contributors: A non-exclusive contributor is an artist who uploads digital media files, 3d models, textures, images and more that are also available for sale with other digital media stock martketplace. These contributors may upload their digital media file to cgartbin.com while selling the same 3d models and digital media files through other channels. Non-exclusive contributors shall receive a stable royalties 45% royalties with Fixed sale fee of $2.50 based on the total amount user paid to your files of the net sale price received by cgartbin.com for the content they have contributed to the site which are subsequently sold by cgartbin.com.
Exclusive digital media files: A contributor may work with other agencies in addition to cgartbin.com. However, the digital files provided to Gohitah Ltd T/a cgartbin.com and marked as being exclusive are sold only on cgartbin.com. An exclusive digital files is represented by concepts, models, wardrobe, and subject matter which provide a unique creative message and small variations in the digital files (variations in model shape, models textures, and detailing, for example) do not enable an digital file as being different. Exclusive digital files may only be sold through cgartbin.com and may not be offered through other channels. Contributors shall receive the rolyalties 52%-72% with sale fee of $2 of the net sale price received by cgartbin.com for the exclusive images they have contributed to the site which are subsequently sold by cgartbin.com. A Contributor may remove the exclusivity rights to an digital files with thirty (30) days prior written notice to cgartbin.com.
Exclusive contributors: An exclusive contributor is not represented by any other digtial media agency and will work solely with cgartbin.com for selling their digitial files. Exclusive contributors may, however, sell their other artwork on a digital artist-to-client basis, under a work for hire contract, outside of this Agreement. Exclusive contributors shall recive royalties from sixty (60%) goes up to (72% ) with Fixed sale fee of $1.50 (Seller levels:the more Files sold by the Seller, the higher level seller may obtain. The amount of compensation royalties paid to Seller from the sale of Seller’s product sold price increases as the level of the Seller increases based on seller level.) percent of the net sale price received by cgartbin.com for the exclusive digital files they have contributed to the site which are subsequently sold by Gohitha Ltd T/a cgartbin.com. Exclusive contributor’s submissions and acceptance of digital files is at cgartbin.com’s sole discretion. cgartbin.com may terminate an Exclusive Contributor’s status at any time with no advance notice; an Exclusive Contributor may terminate their status as an Exclusive Contributor with thirty (30) days prior written notice to cgartbin.com.
If a contributor breaks this Exclusivity Agreement, either for an exclusive digital media files or as an exclusive contributor, Gohitah Ltd T/a cgartbin.com reserves the right to invalidate and recover all earnings made by that Contributor through cgartbin.com sales commencing with the date the exclusive digital filesor portfolio were made subject to the Exclusivity Agreement.
cgartbin.com reserves the right to take any actions that it deems necessary to protect its rights, all rights of which are specifically reserved.
REQUIREMENTS FOR EXCLUSIVE FILES
By choosing the status of Exclusive Seller, Seller agrees to sell your files only on the cgartbin Website. If the Seller’s Files to be uploaded are already present on other stock or similar websites, the Seller shall remove portfolio from all other sites before user can be granted the status of Exclusive Seller to cgartbin. A Seller would become an Exclusive Seller upon approval of the request sent to cgartbin’ support service.
Files provided for sale on the Website should not be sold, distributed, licensed, transferred on a royalty-free basis, or transferred in any other way outside the Website. Upon acceptance of Exclusive Seller status, a Seller has a right to use Exclusive Files only for the following purposes:
Display by Seller on his/her own website, on which Files are marked as exclusively available only on cgartbin’ Website, and presented there for artistic purposes (not for resale or subsequent transfer of rights or license); cgartbin provides extra html code redirect banner display for seller websites which comes under affiliate program and increases the seller earnings upto 5 to10%.
Use of Seller’s Exclusive Files for creation and subsequent sale of commercial goods (e.g., movies, and shot clips, tv adds, T-shirts, icons, placards, etc.), if in the process of such activity the transmission or sale of license or rights for such digital material is not required.
6. DELEGATION OF AUTHORITY
Seller authorizes Gohitah Ltd T/a cgartbin to be an agent providing licenses for exclusive or non-exclusive Files to third-party Buyers. cgartbin and potential license-owners have the right to reproduce, use, publish, republish, compress, and transfer Files, as well as the rights to alter, modify, create and sell content or copies created using different technologies, and to exhibit, display publicly and replicate Files.
Also, by accepting the terms of this Agreement, Seller grants the right and a lifetime warranty, worldwide, exclusive or non-exclusive, non-transferable (sub) licenses to end-users in full compliance with the terms of the Website’s Standard and Editorial License Agreements.
Gohitah Ltd T/a CGartbin reserves the right to use the files as part of its own activities or activities of third parties related to the issuance of licenses for the Files, promotional purposes, marketing and advertising. Seller agrees that will not be paid commissions on the use of files for such purposes.
Gohitah Ltd T/a CGartbin reserves the rights to distribute Files not only on the Website directly, but also through Partners. Seller agrees that Cgartbin has the right to grant or pass along to Partners under separate agreements specific rights, constraints, obligations, licenses and other legal and business matters regarding Files. cgartbin has the implicit right to provide Partners with access to the Files accepted at the Website via its own program interfaces (API) or any other means sanctioned and approved by Gohitah Ltd T/a Cgartbin, provided such access does not breach the provisions of the Standard and Editorial License Agreements. Regardless of the means Partners or end-users use to acquire Files or the specific channels through which Files are made available to end-users, compensation to the Seller for the license of his/her files will be the same as if Cgartbin had completed the transaction.
The amount of compensation paid to Seller may vary, depending upon several factors [see “Compensation” section, below]. Seller agrees that changes to fees may be made by Cgartbin without any prior notification.
By accepting this Agreement, Seller gives consent to Gohitah Ltd T/a CGartbin for control of the amount of the fees paid to Seller for Files sold through Partners.
7. MATTERS OF INTELLECTUAL PROPERTY
Seller agrees that Gohitah Ltd T/a CGartbin forbids Uploading any Files or descriptive information in violation of a copyright, patent, trademark, right to property or any other similar and applicable law or proprietary right. Seller acknowledges and agrees that CGartbin, its management, office workers, employees, Partners, agents or affiliates are not liable for any direct or indirect damages resulting from intentional or accidental acts resulting from the use or inability to use any Files available on the Website.
Files marked “Editorial use only” are transferred on the basis of the Limited Standard License and cannot be used for commercial or promotional purposes. These Files could contain images of the people without the proper authorization of a model release, private property, recognized brands, and other items for which additional special permission for commercial purposes is required.
8. LOGIN AND PASSWORD
Seller understands that cgartbin uses the login and password as its sole means of establishing a Seller’s identity. The Seller agrees that he/she takes full personal responsibility for every action taken on the Website by any user logged into the Website using the Seller’s unique login and password, including any Upload to the Website, and the consequences of every such action are subject to the terms of this Agreement and the Standard and Editorial License Agreements.
9. WEBSITE MANAGEMENT
Gohitah Ltd T/a CGartbin has no ability to control all Uploads, or any other exchange of information conducted on the Website, and is not responsible for any such exchanges. CGartbin has the right to remove, delete, block or edit any File or portion thereof that may be considered by CGartbin as violating this Agreement or the rights of private or intellectual property, including similar rights of third parties, or being otherwise unacceptable. Seller agrees to the confiscation of any fees that were paid for such files. CGartbin also retains the right to correct errors and edit information in the Seller’s Files at own discretion.
10. CONFIDENTIAL INFORMATION
The Seller acknowledges that information obtained upon accepting this Agreement and using the Website may be confidential, personal, and/or valuable to cgartbin, and agrees that during the term of this Agreement and after the Agreement is terminated, he/she has no right to disclose or use any part of the confidential information, without unambiguous written permission of Cgartbin, except in cases explicitly stated in this Agreement.
11. DECLARATIONS AND GUARANTEES
Accepting the rules of this Agreement, the Seller declares and guarantees the following:
• The Seller has the legal rights and all necessary and sufficient authorities to accept this Agreement, is the sole and exclusive owner of the Files, is capable of granting all license rights specified under the terms of this Agreement, and will not Upload or grant the rights to any Files being in conflict with this Agreem
• No part of the Files Uploaded at the Website or otherwise transferred to Cgartbin contains any mechanism or means of protection which interferes with using, editing or copying said Files by means permitted in this Agreement or the Standard and Editorial License Agreements;
• The supplied Files do not contain harmful program code, viruses, worms, Trojan horses, or any invasive, destructive or malicious software; they are not part of a DDOS systems; they do not contain other mechanisms or devices designed for the purpose of or may be used for the removal, modification, disruption, or damage of Files or the Website;
• The Files contain full, necessary and sufficient cover information for their effective sale at the Website; the supporting information is complete and accurate, and does not contain false, inappropriate or contradictory meta-data;
• The Files supplied to Cgartbin are original works;
• The Files, as well as cover information included, do not infringe the copyrights, ownership rights or other allied rights of third parties.
The Seller further states and guarantee that he/she:
• does not license the supplied Files by any other means, except for periodic licensing within the framework of law for creative purposes;
• does not license Files which are the property of other authors (except when Files are the property of a group of authors to which Seller belongs, and for which Seller has exclusive licensing rights);
• does not license Files if he does not have all the required documents related to the publication and distribution of these Files.
12. COMPENSATION ROYALTIES, WITHHOLDINGS, PAYMENTS and PRICING
Compensation: Means Royalties, The amount of compensation paid to Seller may vary, depending upon the method used by Buyers or Partners to obtain Files, the specific channels through which Files are made available to Buyers, models(s) purchased, and the terms of individual contracts between Gohitah Ltd T/a CGartbin and Partners. In addition, the compensation paid to Seller also depends on the Seller’s level, which is assigned by CGartbin based upon the amount of Seller’s Files sold on the Website -- the more Files sold by the Seller, the higher level he/she may obtain. The amount of compensation paid to Seller from the sale of Seller’s product sold price increases as the level of the Seller increases. Calculation of the Seller’s payments is based on the price actually paid for the File, rather than on a “standard” price; if the Buyer has received a discount for the purchase of the File, the compensation to the Seller for this purchase will be derived from the cost paid by the Buyer including the discount, rather than the undiscounted cost basis of the File. The percentage of Seller’s compensation does not change, but is calculated from actual costs, which in the case of a discounted price may result in a lower cost, and a lower amount of compensation to Seller.
When Seller’s File is sold through Partners, the amount of compensation might be the same as described above (and depended upon the level of the Seller), or prices may be different with currency of the partner country with exchange rates, depending upon the contract in effect between Gohitah Ltd T/a CGartbin and each Partner,
CGartbin may be required to withhold taxes from Sellers’ compensation, depending upon Seller’s country of origin, information supplied by Seller and information supplied by tax authorities. Seller acknowledges that CGartbin is obligated make tax deductions and provide documentation as required by law.
Payments of compensation to Seller will be held by CGartbin. We pay Seller once a month in between 11th to16th date using PayPal express payment. The minimum seller funds withdraw amount is over US $99. If the seller funds below minimum balance US $99, then seller has to wait for reach the minimum amount for another following month for draw as long as the available balance in his/her account, after deducting all necessary payments (taxes, Bank Fee,legal, PayPal transaction Fees,, NZ GST for NZ Users or other similar payments arising from the application of this Agreement), meets or exceeds the established minimum payment amount.
Royalty Rates 2014
Royalties starts from 52% for exclusive members and 45% for non exclusive members
12.1 Purchase and Payment Processing.
a. You authorize Gohitah Ltd T/a cgartbin to collect money from the Customer and distribute payment amounts to you such as you are entitled, and permit cgartbin to retain the remainder of the proceeds of your Purchase, and to distribute portions of Purchases to cgartbin licensees, tax authorities, or other entities as the case requires under: (i) this agreement, (ii) standard Site policies, and (iii) in compliance with legal regulations.
b. Every calendar month by the fifteenth (12) day, or the following business day if the twelfth occurs on a weekend or holiday, cgartbin will process your royalty payments according to your account settings. cgartbin reserves the right to withhold requested payments in the following cases: (i) the amount is below the minimum amount allowed for a monthly royalty payment (as set by standard Site policies), (ii) your payments are on hold because a previous payment to you failed to be received, (iii) you have provided inaccurate payment information,or (iv) there is violation of Site policies that must be reconciled before any payment is made.
c. If cgartbin discovers and verifies, either on its own or after a notification by you, that you were paid less than your owed Royalty Amount (“Underpayment”), cgartbin agrees to provide accounting documentation to you and to correct such Underpayment in an expedited manner.
d. If a Purchase is reversed after you have been paid your Royalty Amount, or if for any reason Cgartbin has already paid to you a Royalty Amount in excess of the correct royalty payment for such Purchase (“Overpayment”), you acknowledge that such Overpayment is due from you to Cgartbin, and authorize Cgartbin to deduct from your future payments to settle any Overpayment, and agree to maintain all Stock Media Products on Cgartbin at reasonable and historical Product Prices until such Overpayment is corrected. If you discover or become aware of any Overpayment, you agree to notify Cgartbin of such Overpayment in an expedited manner for each occurrence.
5. Pricing of Stock digital Media Products.
a. Control: You control the price of Stock digital Media Products at the time of publishing, and may edit that price at any time thereafter. Such prices will be set in denominations of the United States Dollar.
b. Parameters: Cgartbin may set minimum and maximum price ranges (“Price Parameters”) for Stock Digital Media Products, based on reasons such as the category and complexity of a given Stock Media Product and the cost of certification and product reviews. For example, 3D models of edible fruit may have predetermined available price ranges that are lower than those of more complex 3D models, such as those of military vessels.cgartbin may set Price Parameters to conform to market norms, based on its sole discretion and whether by algorithm or manual judgment, and is not required to set Price Parameters at any time for any or all Stock Media Products.
c. Tiers: cgartbin may set price tiers for Stock Digital Media Products to conform pricing to predictable increments. An example of such pricing increments would be to allow you to select a price from a list such as: $19, $29, $49, $79 $99, $149, $199, $299, $399, $499, $599, $699 gradually follows. For purposes of clarity, this practice allows Cgartbin to avoid the situation where Customers have to decide between unusual pricing between products, such as $131.42for one product versus $137.87 for another.
Minimum Non Exclusive Digital content sale price start from: $19
Minimum Exclusive Digital content sale price start from: $39
Minimum Exclusive Contributor Digital content sale price start from: $49
d. Currency: Cgartbin may sell Stock Media Products denominated in any foreign currency, at pricing that is either above or below the current exchange rates of that currency to the United States Dollar. cgartbin will set such pricing in its sole judgment to optimize for pricing stability in foreign currencies, round prices to pre-determined incremental tiers in that particular currency, and reduce the risk of currency losses when exchange rates fluctuate. In all such cases, cgartbin will pay you the entitled royalty as if the Purchase had been originally denominated in United States Dollars and assume all losses or gains due to Purchases in foreign currency.
13. TERMINATION OF AGREEMENT AND ITS IMPLICATIONS
This Agreement is valid until its termination. The Seller has the ability and right to terminate this Agreement at any time.
To terminate the agreement, the Seller should send notification to Cgartbin at least 30 (thirty) days in advance of the proposed termination date, using the form at the CGartbin Website page Contact us. CGartbin can also terminate the Agreement at any time and for any reason.
If the Seller’s membership is terminated by CGartbin in accordance with the terms of the Membership Agreement, such termination shall be deemed sufficient notification and implicit termination of this Agreement.
In the case of termination, CGartbin asserts the following:
• All Uploaded Files of Seller would be removed from the Website search engine within 30 (thirty) days from the date of termination;
• Notwithstanding the fact of termination, CGartbin has the right and ability to continue licensing the accepted Files up to the time of their withdrawal from the Website search engine;
• Upon the expiration of the Agreement and after its termination, according to the terms and provisions of this Agreement, CGartbin shall continue to pay compensations due to the Seller for licenses issued to the Purchaser during the transitional
period in accordance with all the rights stated in this Agreement or required by the law;
• If CGartbin has sufficient reason to suspect Seller of fraudulent activities, CGartbin reserves the right to terminate the Agreement, stop accruing compensation to the Seller for issued licenses, delete the account and/or expropriate/freeze any payments of compensation to Seller.
14. LIMITATION OF LIABILITIES
The Seller understands and assumes all responsibility and risk of any kind when using the Website and/or services of the Website.
Gohitah Ltd T/a Cgartbin, its employees, management, Partners, shareholders, and agents are not responsible for failures of any kind or disruption of the Website functionality resulting in loss of business information, profit or other financial losses on the Seller’s and Buyer’s side.
In any case according to the terms of this Agreement or as a result of usage of the Website in the whole or any of its parts and resources in any way, the total amount of Gohitah Ltd T/a Cgartbin’ liability shall be limited to the compensation that cgartbin receives for Files identified as the subject matter of the claim, but in no case shall the financial part of such compensation exceed the equivalent of $10(Ten United States dollars).
15. APPLICABLE LAW
The Website is operated, managed and controlled by Gohitah Ltd T/a CGartbin . Bay of plenty, New Zealand. The Website is accessible for use in any country of the world.
In as much as the regulatory frameworks of countries have their own laws and regulations that may differ from the laws valid in the Bay of plenty, NZ, Seller agrees that this Agreement is governed by the laws of Auckland, NZ.
This Agreement does not fall under the jurisdiction of the UN Convention on International Trade Contracts.
For any questions concerning the provisions of this document, please contact CGartbin using the form or contact information given on the Website page Contact us.
BY ACCEPTING THIS AGREEMENT, SELLER ACKNOWLEDGES THAT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND HAS HAD AN OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE AGREEING TO IT.
IN CONSIDERATION FOR CGARTBIN’ AGREEING TO BE SELLER’S EXCLUSIVE OR NON-EXCLUSIVE AGENT, AND FURTHER FOR GIVING AND PROVIDING FACILITIES OF SALE AND DELIVERY OF FILE LICENSES, SELLER AGREES TO THE TERMS AND CONDITIONS OF THIS AGREEMENT.
SELLER FURTHER AGREES THAT THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN SELLER AND GOHITAH LTD T/A CGARTBIN, WHICH SUPERSEDES ANY PROPOSAL, OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN SELLER AND CGARTBIN RELATING TO THE SUBJECT OF THIS AGREEMENT.
Disclaimer: The original, legally binding version of this document is written in English, and it is translated into other languages for the courtesy of our non-English-speaking users. If there are any discrepancies between the English version and a translated version, the English version supercedes the translated version.