The following terms of this Designer License Agreement (“Agreement”) apply for content creators of TheStreetMall (“TheStreetMall” “we” or “us”) when you submit a Design and/or create content using TheStreetMall’s tools to be displayed and/or offered for sale on website(s), mobile site(s) and/or app(s) owned or operated by or for TheStreetMall (“Site”). “Design” means any and all artwork, photographs, sketches, drawings, text, stitch files, digital images or product specifications that you send to Zazzle for placement on the Site or on physical or electronic products made by or for TheStreetMall (“Products”). Users of the Site who refer purchasers to the Site are referred to as “Affiliates.”
By uploading Designs to the Site or creating Designs with TheStreetMall’s design tools, you grant the following licenses to TheStreetMall: 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. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Products; (ii) promotional “streams” of audio/video/photographic Content on the Website, (iii) Products or Design placement in magazines, television shows, movies, and other media; and (iv) the sale of Products available on the Site through third party product feeds. You also grant us the license and the right to make modifications to your Design as necessary to prepare your Design for use in a particular Product category or for other manufacturing purposes, if you agree that your Design may be used in such category.
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 TheStreetMall will fulfill any orders placed prior to termination and TheStreetMall may continue to use your Design in marketing and promotional materials if such materials were created prior to removal of the Design.
Tags, Spam and Descriptions.
At the time you post a Product for sale, 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 agree not to submit unrelated information in connection with your Design for any purpose. If TheStreetMall determines that information is misleading or inaccurate or that it violates the rights of a third party, TheStreetMall may delete such information or your Design(s) entirely, in its sole discretion.
By using the Site, you agree to use the Site and conduct your business in a manner that demonstrates common sense and respect for the rights of TheStreetMall, other Designers, Users and third parties and in accordance with applicable laws and regulations.
What is prohibited?
Here are some of the basic rules for labeling your products:
Only use accurate and relevant terms that describe the specific Product in your listing.
You must not label a Product with related, but inaccurate words.
You may not intentionally misspell your products (unless such misspelling is part of the Design).
You may use a short descriptive phrase as a tag if it accurately describes your item.
You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.
You should only state what the item is, not what the Product may become or potential uses for the Product.
You may not use words that are derogatory
You may not use malicious tags or descriptions.
You may not use copyrighted material.
Tags or attributes that are duplicates are not allowed.
If you do not follow the rules set forth above, your product will not be approved for publication at TheStreetMall’s discretion.
We reserve the right at any time to remove, limit, suspend, terminate our service and User accounts, prohibit access to our sites and their content, services and tools, delay or remove Designs and Products (including websites) from the Site and discontinue our relationship with any Designers that we determine in our sole discretion are in violation of the above-listed guidelines, including but not limited to tags that infringe the intellectual property rights of third parties, or are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable. Any Account posting or hosting objectionable Content or recommending objectionable websites are subject to termination. Also, we reserve the right to remove content that we determine in our sole discretion is primarily intended to promote a Product or service.
TheStreetMall will pay you a royalty for all public (i.e., not to you) sales of Products incorporating your Design (“Royalty”). TheStreetMall’s royalty rate is set at 10% of product price. All prices are preset by TheStreetMall. Royalties earned in currency other than your selected payment currency will be converted to your payment currency and is subject to foreign currency conversion fees.
Your Royalty Rate multiplied by Net Sales of Products incorporating your Design. “Net Sales” means the purchase price received by TheStreetMall minus amounts charged for (i) shipping and handling, packaging and insurance; (ii) sales or similar taxes; (iii) refunds, credits, and reversals; (iv) the face value of the postage
We encourage you to review our guidelines and familiarize yourself with what constitutes Design violation. As noted above, you agree that you will forfeit any Royalties for products that violate our Design guidelines and rules.
We pay monthly or based on minimum threshold of RM50. If you do not achieve minimum threshold, the amount will be brought forward to the next month. TheStreetMall will make a payment to you by Paypal for the amount of such royalties no later than 60 days after the end of the month to which the accrued Royalties has met or exceeded the minimum threshold.
TheStreetMall will not pay you a Royalty for sales of any Products which incorporate a Design that violates this Agreement. For example, if TheStreetMall discovers that one of your Designs infringes someone else’s copyright or that you do not have the right to use the Design, we reserves the right to reverse all Royalties for such Designs, whether due or already paid.
Marketing and Promotions.
TheStreetMall may market, promote, and sell Products on the Site, on other websites, and/or through distributors and wholesale or retail channels. TheStreetMall may run promotions (including volume discounts and special sales discounts). TheStreetMall 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 TheStreetMall actually receives for the sale of Products.
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 TheStreetMall 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 does not contain any defamatory, obscene or discriminatory content or any illegal material; and
TheStreetMall 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
If you have a dispute with one or more Users or Designers, you release TheStreetMall (and TheStreetMall’s officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
None of the provisions of this Agreement shall be deemed to constitute a partnership or agency between you and TheStreetMall. This Agreement shall be construed in accordance with the applicable laws of Malaysia.