commission

terms of service

This Agreement (“Agreement”), entered between NiM and Client, shall govern the respective rights of NiM and Client with respect to the work described herein.

I. Scope of Work Commissioned

NiM and Client expressly agree that the work to be created by NiM pursuant to Client’s specifications shall be limited to, unless modified in a writing signed by both parties, the following artwork, hereafter known as “the Work”:

Product:
2-3 Thumbnail Sketches.
1 Fully Rendered Product.

NiM agrees that the Assets shall be of first class quality, artistically produced, with aesthetic content technically correct and of a quality equal to current standards for Assets of similar character and purpose.

II. Deadlines and Completion

Upon receipt of Client’s specifications pursuant to Section I, which Client agrees are true and complete at the time of execution of this Agreement, NiM agrees to complete the Work upon the agreed deadline.

III.A. Non-Commercial Rights Transferred (Default License)

NiM and Client agree that the following rights shall be transferred from NiM to Client upon receipt of full payment. NiM agrees to the perpetual non-commercial non-exclusive license of the following rights (including, but not limited to, the right to display, modify, transmit, transfer, and create derivative works) to Work to Client, excluding only the right to authorship credit, which is retained by NiM.

III.B. Commercial Rights (Once Purchased)

NiM and Client agree that the following rights shall be transferred from NiM to Client after written agreement and upon receipt of the commercial license fee.

1) NiM grants to the Grantee the exclusive right to use or reproduce the produced work for the type of merchandise agreed upon by NiM and Grantee.

2) This grant permits the Grantee the exclusive right to manufacture, distribute, and sell the merchandise. Further, NiM grants to the Grantee the right to reproduce the produced work on the Grantee's website and all other Grantee promotional materials.

3) During the term of the contract, NiM agrees that they will not make or sell or distribute forms of the produced work that is the subject of this contract aside from self-promotion.

4) NiM shall retain all copyrights in and to the produced work. The Grantee shall identify NiM as the creator of the produced work on the licensed products and shall reproduce thereon, a copyright notice for NiM which shall include the word "Copyright" or the symbol for copyright "©", NiM, and the date and year of the first publication.

5) NiM understands that all profits from the sale of NiM's merchandise will benefit the Grantee.

IV. Compensation

For commissions totaling UNDER $55:
The Client shall deliver payments as follows: 100% within (15) days before work begins. Additional fees will be charged for revisions that are not due to any fault on the part of NiM made after (5) minor changes, and for revisions reflecting a new direction to the assignment, or new conceptual input.

For commissions totaling UNDER $100
:
The Client shall deliver payments as follows: 50% at start of work as down payment. 50% within (15) days upon receiving 2 sketches. Additional fees will be charged for revisions that are not due to any fault on the part of NiM made after (5) minor changes, and for revisions reflecting a new direction to the assignment, or new conceptual input.

For commissions totaling ABOVE $100:
The Client shall deliver payments as follows: $25 flat at start of work as down payment. 30% within (15) days upon receiving 3 sketches and the remainder prior to receiving the final concept. Additional fees will be charged for revisions that are not due to any fault on the part of NiM made after (5) minor changes, and for revisions reflecting a new direction to the assignment, or new conceptual input.

V. Termination/Kill Fee

Client may terminate this Agreement at any time by sending written notice thereof to NiM at the address provided herein. Upon such termination, Client agrees to compensate NiM as follows:

(1) Partial Completion. If this Agreement is terminated by Client after Partial Completion by NiM, NiM shall retain ownership of all rights of copyright and the original artwork, including but not limited to completed artwork, sketches, and comps.

(2) Full Completion. If NiM has completed the finished artwork at the time of cancellation, Client agrees to compensate Illustrator in full as otherwise provided in this Agreement.

VI. Non-Payment; Remedies

Any delinquent payments due shall bear interest at the highest applicable statutory rate in any jurisdiction in which the Agreement is made. If no such statutory rate applies, payment delinquencies shall bear interest at a rate of two and one-half percent (2.5%) per month. Client agrees that it shall bear responsibility for any fees incurred by NiM in enforcing this Agreement, including but not limited to attorneys’ fees and court costs.

VII. NiM's Right to Authorship Credit

NiM may use Work in their portfolio (including, but not limited to, any website that displays NiM's works). When asked, Client must properly identify NiM as the creator of Work. Client does not have a proactive duty to display NiM's name together with Work, but Client may not seek to mislead others that Work was created by anyone other than NiM.

VIII. Severability; Integration

Client and NiM agree that this Agreement shall not be amended except by a writing executed by both parties, and expressly state that this writing shall constitute a complete expression of the entire agreement between the parties, and that no additional terms exist that are not included herein. To the extent any provision contained in this Agreement shall be found to be void, invalid, or otherwise unenforceable in any way, such invalidity shall not affect the remainder of this Agreement, which shall remain in full force and effect.

IX. Unauthorized Use by Client; Indemnity

Client agrees to indemnify NiM against any and all claims and expenses, including but not limited to attorneys’ fees and costs, incurred as a result of Client’s unauthorized use of the Work under this Agreement, including the enforcement of this Agreement by NiM.

X. Warranty of Originality

NiM represents and warrants to Client that, to the best of Nim's knowledge and belief, the Work assigned by this Agreement is original and has not been previously published or licensed to any third party. This warranty shall not extend to any unauthorized or undisclosed use of the Work by Client which may infringe upon the rights of any other person. Client agrees that it shall hold NiM harmless for any claim or liability caused by Client’s use of NiM’s product to the extent such use infringes upon the rights of any other person.

XI. Release of Liability

Client agrees that it shall not hold NiM or any agent thereof liable for any damages arising from NiM’s failure to complete the Work in a timely manner, regardless of whether such failure was caused by intentional or negligent acts or omissions of Illustrator or of any third party.

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