Custom Agreement

Custom Sticker Design Agreement

 

This Custom Sticker Design Agreement ("Agreement") is between Kim Williams, KTHXBAI ("Designer") and the Customer.

 

1. Scope of Service

The Designer agrees to create custom sticker designs according to Customer specifications for in-house printing only. This service covers design consultation and creation, with printing handled as a separate service by the Designer.

 

2. Intellectual Property Rights

a) The Designer retains all intellectual property rights, including copyright, to all designs created under this Agreement, except for designs incorporating Customer's branded logos, trademarks, or other brand-specific elements ("Customer Branded Designs").

b) For Customer Branded Designs, the Customer retains rights only to elements that were their intellectual property prior to the creation of the design.

c) The Designer reserves the right to release non-branded designs for public sale at any time at the Designer's sole discretion. 

 

3. Copyright and Trademark Compliance

a) The Customer warrants that any materials, logos, or designs provided for incorporation into the custom work do not infringe upon any copyright, trademark, or other intellectual property rights.

b) The Designer will not create designs that infringe upon third-party copyrights or trademarks.

c) If Customer requests designs that would infringe upon intellectual property rights, such requests will result in immediate forfeiture of any credited amount, and the Designer reserves the right to terminate this Agreement.

 

4. Design Process and Limitations

a) All designs created under this Agreement will be used exclusively for printing by the Designer's in-house printing service.

b) Source files will not be provided to the Customer under any circumstances.

 

5. Credit and Ordering Terms

a) The purchase price of the custom design listing will be credited toward Customer's first order.

b) Customer must finalize and submit their first order within 60 days of this Agreement to utilize their credit.

c) Failure to submit an order within 60 days will result in forfeiture of the credit.

 

6. Modifications and Revisions

2 rounds of revisions are included as part of this Agreement. Additional revisions may incur extra charges.

 

7. General Provisions and Jurisdiction

a) This Agreement represents the entire understanding between the parties.

b) Any modifications to this Agreement must be made in writing and agreed upon by both parties.

c) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. The parties agree that any dispute arising from this Agreement shall be subject to the exclusive jurisdiction of the courts of Texas, without regard to conflicts of law principles. However, this choice of law and forum selection shall not deprive either party of any mandatory consumer protection afforded by the laws of the customer's jurisdiction of residence.

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