MAKEBOOMBOXES Artist Agreement

Version Aug 18, 2022

Art Gallery Overview:

MAKEBOOMBOXES is a community creativity platform for making artistic, brilliant, contemporary bluetooth speakers. We make radios into instruments of change and objects of enchantment. 

MAKEBOOMBOXES devices let you put an art show on a radio. By being a musical canvas for artists, these boxes fill sensation to the levels of song.

MAKEBOOMBOXES Online Art Gallery is a marketplace where artists, designers, creators, etc. can sell boombox-compatible add-on art products to people who care about music and art.

Artistic scope. Add-on art products uniquely enhance and compliment the visual surfaces of MAKEBOOMBOXES such as their: modular Art Face, grille covers, branding plate, soundboard, backboard and side walls, handle and guitar straps, etc.

Platform benefits. When you make art for sale in the MAKEBOOMBOXES Online Gallery, you get onboard with a new vehicle to sell your artworks, you get hip new formats to present your artwork, new audiences and ways to inspire, new and useful applications for your creativity, and new visual experiences to explore with other artists.

Artistic Collaboration. The Artist is a good faith participant in the MAKEBOOMBOXES Art Gallery and Community for the purpose of both selling their artwork in the form of MAKEBOOMBOXES-compatable products, and also for the purpose of contributing to the overall success of the MAKEBOOMBOXES community. Artistic collaboration and cooperation and mutual respect is an integral part of the ethos here.

How does the Art Gallery work for Artists?

What types of products? There are three different types of physical products that Artists can sell in the Online Gallery: 1. One-of-a-kind art objects, 2. Reproductions of original art/design, 3. Design Templates for novel add-on products of an artistic nature

What are the financials? The Online Gallery works similarly to marketplaces such as Etsy, etc. You set the asking and discounted pricing, and you get a percentage of the proceeds.

• One-of-a-kind: When MAKEBOOMBOXES sells your one-of-a-kind products, the net proceeds are shared between the artist and MAKEBOOMBOXES at a 50%-50% split percentage (after subtracting cost of mounting hardware, card processing fees and cost of supplied blank parts). The first 10 artists who become sellers get an early adopters incentive on the first 5 of their one-of-a-kind art-faces sold: a 90% of net sale payout and blank parts at no cost.
• Reproductions: When MAKEBOOMBOXES sells your reproductions products, you get 50% of the net proceeds after subtracting the production/manufacturing costs, and card processing fees. The first 10 artists who become sellers get an early adopters incentive on the first 5 of their reproductions art-faces sold: a 60% of net sale payout.
• Design Templates are licensed by MAKEBOOMBOXES under case-by-case agreement 

How do the art products get delivered to the purchaser? Depending on the kinds of product(s) you are adding to the Online Gallery, they will be delivered via:

• Upload-for-print: Your reproductions or templates are submitted digitally and MAKEBOOMBOXES will either mass-produce or print on demand. MAKEBOOMBOXES ships to the purchaser (see the Reproductions Product Details below)
• Consignment: your originals are handed off to MAKEBOOMBOXES for us to store and then ship when they are sold (see the Consignment Products Details below)
• Artist-Delivered: you will warehouse your own art products and ship to the purchaser when sold (see the details for artist-delivered below)

Warranty. The Artist hereby warrants that he/she created and possesses unencumbered title to the Artworks and that their descriptions are true and accurate. 

Exclusivity. The Artist will exclusively sell via the MAKEBOOMBOXES sales channels any works that are made available for public purchase in the specific product incarnations offered in their MAKEBOOMBOXES Art Collection. The Artist may not sell their works elsewhere in the forms and functions that make them compatible with MAKEBOOMBOXES products unless specifically released to do so by separate licensing agreement. The Artist is in no other way limited from selling their other non-MAKEBOOMBOXES-compatible artworks in whatever channels or venues or forms of reproduction they choose. 

Pricing and Payment. The asking price for the artwork is set by the Artist and may be changed at any time. Pricing minimums and price discounting up to 25% off asking price will be set at the sole discretion of MAKEBOOMBOXES. Payment to the Artist will be made by the 15th of the month following the month of sale. Artist payouts of less than $20 will be accrued until that amount is reached or no later than three months. MAKEBOOMBOXES will have sole discretion on the financial instrument(s) available for payout. 

Promotion. MAKEBOOMBOXES will use its best efforts to promote the sale of the Artworks. MAKEBOOMBOXES agrees to provide adequate display of the Artworks and to undertake other promotional activities on the Artist’s behalf. MAKEBOOMBOXES will identify clearly all Artworks with the Artist’s name and the Artist’s name will be included on the bill of sale of each of the Artworks.

Profile: The Artist will have a profile page on the MAKEBOOMBOXES online Art Gallery displaying the content provided by the Artist. The Artist will adhere to the common sense guidelines and standards of the MAKEBOOMBOXES community. MAKEBOOMBOXES may remove any products, descriptions, images or the profile in its entirety without notice and at its sole discretion.

Product Specifications. MAKEBOOMBOXES may at its sole discretion modify any product template or design specifications. The artist acknowledges that MAKEBOOMBOXES product decisions may render Artworks created under this agreement to no longer be supported or compatible with the MAKEBOOMBOXES products for which they were originally adapted.

Display. By uploading images and item description content to MAKEBOOMBOXES, you agree to allow other MAKEBOOMBOXES users to view them and you agree to allow MAKEBOOMBOXES to display the images and content on MAKEBOOMBOXES, or in emails from MAKEBOOMBOXES, and store the images, item description, profile and other content.

Termination of Agreement. Notwithstanding any other provision of this agreement, the Agreement may be terminated at any time by either MAKEBOOMBOXES or the Artist by means of written notification of termination from either party to the other. In the event of the Artist’s death, the estate of the Artist will have the right to terminate the Agreement.

Reproductions Products Details:

Upload-for-print. The Artist onboards their reproductions product(s) into their MAKEBOOMBOXES collection by uploading the image(s) digital form. MAKEBOOMBOXES manufactures physical and/or virtual reproductions products based on the digital Artworks provided by the Artist and with due diligence to reproduce the Artworks in high fidelity and fit and finish quality to the intended design of the Artist.

Title to Reproductions Products. Title to each of the uploaded Artworks remains with the Artist. Title does not ever pass to the purchaser nor MAKEBOOMBOXES. Commerical use of the uploaded Artworks by MAKEBOOMBOXES is limited to the specific MAKEBOOMBOXES reproductions product for which it was uploaded. Any additional product adaptations based on the uploaded Artwork require specific separate agreements and terms. The Artist grants to both the purchaser and MAKEBOOMBOXES the rights to display, promote, adapt, or modify the uploaded Artworks for any non-commercial use.

Manufacture and inventory of Reproductions Products. The Artist agrees that MAKEBOOMBOXES may manufacture at its own cost any quantity of the Artworks uploaded into MAKEBOOMBOXES. Payout to the Artist is based on actual sales, not pre-sale manufacturing. Manufacture and sale of reproductions are limited to only the product template(s) specified at the time of upload or subsequently under additional usage agreement(s) between the Artist and MAKEBOOMBOXES.

I’m Quality Control for Reproductions Products. The Artist is not responsible or liable for MAKEBOOMBOXES manufacturing defects, shipping damage or customer damages caused by MAKEBOOMBOXES reproductions products.

Consignment Products Details: 

Consignment. The Artist consigns to MAKEBOOMBOXES and MAKEBOOMBOXES accepts on consignment, those physical Artworks provided by the Artist.

Agency; Purposes for consignment. The Artist appoints MAKEBOOMBOXES as the sole agent for the Artworks consigned under the Agreement, for the purposes of exhibition and sale. MAKEBOOMBOXES will not permit the Artworks to be used for any other purposes without the written consent of the Artist. Neither the Artist nor other agents of the Artist will sell the consigned Artworks during the period of this agreement.

Duration of Consignment. The initial term of consignment for the Artworks is to be up to 24 months from the date physically delivered to MAKEBOOMBOXES, unless otherwise agreed to in writing. 

Display of Consigned Artwork. MAKEBOOMBOXES maintains sole control over the display, placement, lighting and labeling of the artwork under consignment. All works submitted on consignment will be display-ready adhering to the policies of MAKEBOOMBOXES. Art made to attach to MAKEBOOMBOXES core products will be appropriate for the MAKEBOOMBOXES mounting system(s). If works are submitted without mounting hardware, MAKEBOOMBOXES will be allowed to modify the Artwork by adding it, and the nominal cost of doing so will be subtracted from the sales proceeds of the Artwork

Quality Control for Consignment Products. The Artist is not responsible or liable for manufacturing defects of the MAKEBOOMBOXES blank art surfaces and mounting hardware underlying the consignment product(s), nor is the Artist responsible for shipping damage or damages to customers caused by MAKEBOOMBOXES reproductions products. It is the responsibility of MAKEBOOMBOXES to ensure that the consignment products meet the quality, reliability, and safety standards entitled to the purchaser.

Transportation Responsibilities for Consignment. Arrangements for packing and shipping charges, insurance costs, other handling expenses, and risk of loss or damage incurred in the delivery of Artworks from the Artist to MAKEBOOMBOXES and in their return to the Artist will be the responsibility of the Artist. a) Additional Provisions. If anyone other than the Artist is to deliver or pick up artworks, written authorization from the artist must be presented by the person transporting the works. All responsibility for the safe transfer of the works remain with the Artist. 

Responsibility for Loss or Damage, Insurance Coverage. MAKEBOOMBOXES will make all reasonable and best efforts for the safekeeping of consigned Artworks while they are in its custody, but will not be responsible for unforeseen damage to the Artworks. Due to MAKEBOOMBOXES’s inability to establish value of consigned Artwork for insurance purposes, the Artist will be required to maintain insurance coverage at his or her discretion. MAKEBOOMBOXES assumes no liability for losses that may occur. 

Fiduciary Responsibilities for Consigned Work. Title to each of the consigned Artworks remains with the Artist until the Artist has been paid the full amount owing him or her for the Artworks; title then passes directly to the purchaser. MAKEBOOMBOXES will pay all amounts due the Artist before any sale proceeds are made available to creditors of MAKEBOOMBOXES. 

Title to Consigned Artwork. Title to each of the consigned Artworks remains with the Artist until the Artwork is sold; title then passes directly to the purchaser. Title passes directly to MAKEBOOMBOXES for items not picked-up by the Artist within 15 business days following the end of the consignment period. 

Removal of Consigned Arworks from Storage. MAKEBOOMBOXES will not lend out, or release from its own possession any consigned Artworks without first obtaining written permission from the Artist. 

Return of Consigned Artworks After Termination of Agreement. Within thirty days of the notification of termination by either party, the unsold consigned Artworks covered under this agreement will be returned by MAKEBOOMBOXES. 

Reproduction of Consigned Artworks. The Artist reserves all rights to the reproduction of the Consigned Artworks except as noted in writing to the contrary. MAKEBOOMBOXES assumes the right to use images of consigned Artworks to publicize and promote the Artworks through social media, web page, print advertising and newsletters. In every instance of such use, the Artist will be acknowledged as the creator and copyright owner of the Artwork. 

Accounting for Consigned Artworks. A statement of accounts for all sales of the Artworks will be furnished by MAKEBOOMBOXES to the Artist on a regular basis. The Artist will have the right to inventory his or her Artworks consigned to MAKEBOOMBOXES and to inspect any books and records pertaining to sales of the Artwork. 

Miscellany

Modifications of Service. MAKEBOOMBOXES reserves the right to modify or terminate any service for any reason at any time, with or without notice.

Modifications of Agreement. MAKEBOOMBOXES reserve the right to alter this MAKEBOOMBOXES Artist Agreement at any time. If alterations constitute a material change to the Terms of Use, to be determined at the sole discretion of MAKEBOOMBOXES, MAKEBOOMBOXES will notify you via email according to the preference expressed on your account.

Refusal of Service. MAKEBOOMBOXES reserves the right to refuse service to anyone for any reason at any time.

Content Removal. MAKEBOOMBOXES may remove content (by way of example but without limitation: items, item descriptions, chat text, booth text, and information submitted in the forums) that MAKEBOOMBOXES determines is unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party's intellectual property, MAKEBOOMBOXES Terms of Use, MAKEBOOMBOXES Privacy Policy, or any other policy documents and community guidelines as posted on MAKEBOOMBOXES. MAKEBOOMBOXES has no obligation to do so, however.

Outside Usage. The Service makes it possible to post images hosted on MAKEBOOMBOXES to outside websites. This use is accepted. However, pages on other websites which display images hosted on MAKEBOOMBOXES must provide a link back to MAKEBOOMBOXES from each photo to its photo page on MAKEBOOMBOXES.

All MAKEBOOMBOXES graphics, logos, designs, page headers, button icons, scripts, and service names are registered or unregistered trademarks or service marks. MAKEBOOMBOXES' trademarks or name may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion.

Entire Agreement. This Agreement represents the entire agreement between the Artist and MAKEBOOMBOXES. If any part of this agreement is held to be illegal, void, or unenforceable in relation to any other part: in such case, the document will be construed as if such invalid or unenforceable provision had not been included.. A waiver of any breach of any of the provisions of this Agreement will not be construed as a continuing waiver of other breaches of the same provision or other provisions hereof. This Agreement will not be assigned, nor will it inure to the benefit of the successors of MAKEBOOMBOXES, whether by operation of law or otherwise, without the prior written consent of the Artist. 

Choice of Law. This Agreement will be governed by the law of the State of California.