Sugarlift Artist Agreement
This agreement becomes effective when executed below, when the artist creates or updates his or her artist profile or uploads new works to Sugarlift. The agreement is between the artist and Sugarlift, LLC, (“Sugarlift”).
Both the artist and Sugarlift agree that the artist wishes to make their artwork available for sale through Sugarlift and to appoint Sugarlift as an independent non-exclusive reseller of their artwork.
Both the artist and Sugarlift also agree to the following:
1. AT WILL. The artist and Sugarlift agree that the arrangement for Sugarlift to sell the work of the artist is at will.
2. FINANCIAL TERMS. The agreement is subject to the following terms:
(1) GROSS REVENUE. Gross revenue is defined as the proceeds from the sale, excluding applicable taxes, before any costs related to the sale are paid for. Costs include but are not limited to discounts, shipping, handling, and the art advisory fee.
(2) ARTIST SHARE. Sugarlift and artist agree that payout structure for artist and Sugarlift will be defined as below: When Sugarlift sells an artwork on behalf of the artist, the artist shall receive 50% of the gross revenue. This includes sales of UNIQUE WORKS, UNFRAMED PHOTOGRAPH OR DIGITAL EDITION, SCULPTURE or COMMISSION SOLD AT AN ART FAIR, POP-UP EVENT, E-COMMERCE OR ART ADVISORY SERVICE unless otherwise expressed in writing.
(3) DISCOUNTS. In making any sale, Sugarlift at its discretion may offer discounts, subject to the terms above. Discounts are not included in the calculation of gross revenue and should not impact the artist share unless otherwise expressed in writing.
(4) PAYMENT SCHEDULE. Payments to artist will be made monthly, on the last business day of each month, for sales that occurred in the month preceding the month in which payment is made. For example, if a sale occurred on December 15th, artist would receive his or her share of the sale on January 31st.
4. MARKETING. Artist grants Sugarlift worldwide, transferable, non-exclusive, right and license to: (i) use, reproduce, distribute, publicly perform and publicly display copies of the artists artwork and associated content; and (ii) access, view, use, crop, resize, copy, distribute, license, publicly display, publicly perform, transmit and broadcast copies of said artwork in any form, medium or technology now known or later developed for the purpose of promoting the artist and/or Sugarlift. Artist acknowledges and agrees that the foregoing license rights are granted on a royalty-free basis and that artist’s sole compensation for the grant of such license rights, if any, will be in the form of the artist’s share of revenue as defined in Paragraph 2.
5. INDEMNIFICATION. Artist will indemnify Sugarlift against and hold it harmless from: (a) any claim by a third party that the artwork covered in this agreement or its use or reproduction infringes or misappropriates any copyright or other intellectual property; (b) any claim by a third party that this agreement conflicts with, violates, or breaches any contract, assignment, license, sublicense, security interest, encumbrance, or other obligation to which artist is a party or of which it has knowledge; (c) any claim relating to any past, present, or future use, licensing, sublicensing, distribution, marketing, disclosure, or commercialization of the artwork by the artist; and (d) any litigation, arbitration, judgments, awards, attorneys’ fees, liabilities, settlements, damages, losses, and expenses relating to or arising from (a), (b), or (c) above.
6. ARBITRATION. In the event a dispute arises under this agreement, the parties shall confer with all reasonable dispatch and endeavor to arrive at a solution; failing agreement, the dispute shall be submitted to a single arbitrator either agreed to by the parties, or appointed by the American Arbitration Association, who shall decide the dispute under the rules of the Association; and any decision by an arbitrator shall be final and binding upon both parties.
7. CHOICE OF LAW. This agreement shall be governed by the law of the State of New York.