Submit DesignBY CHECKING THE BOX, I AGREE TO THE TERMS AND CONDITIONS OF THIS SUBMISSION AGREEMENT
Design Submission Agreement
Now Comes Applicant who submits an original work of authorship (hereinafter the "Work") to The Tiger District, LLC doing business as College District (hereinafter "College District"), through its website Collegedistrict.com for evaluation for possible printing on clothing and wall graphics (the "Items"). Applicant is submitting the Work for evaluation under the terms and terms and conditions of this Submission Agreement ("the Agreement") to which Applicant agrees by selecting "I Agree."
- Applicants represents that the Work (a) is original of authorship to which Applicant owns all right, title and interest, (b) has not been previously published, and (c) does not contain any trademarks, logos, copyrighted material, or any other intellectual property ("protected material") belonging to any third party, except any protected material on which any college and university has granted a license for use. Any final production of any Work containing protected material of a college or university shall be subject to final approval by such college or university or its authorized agent.
- Upon submitting the Work to College District, Applicant shall not (a) display, copy or print the Work or any other works that are substantially similar to or derivative of the Work or (b) allow others to display, copy or print the Work or any other works that are substantially similar to or derivative of the Work on any Items, as described above or otherwise for a period of ninety (90) days after submission for evaluation by College District (the "Evaluation Period").
- During the Evaluation Period, Applicant grants College District an exclusive license to print, reproduce and publish the Work and display the Work on its website collegedistrict.com ("Website") or any other website, as part of the evaluation process. Applicant acknowledges that College District has the sole right to determine whether to print, reproduce, publish and display the Work on its Website or any other website. Additionally, Applicant acknowledges that College District may exclude the Work from consideration for any reason, including but not limited to poor design, offensive content, failure to comply with terms and conditions of this Agreement, potential infringement of the works of others, or any other reason, etc., without notice to Applicant. Further, Applicant acknowledges that College District has no obligation to print, reproduce, publish or display the Work. The decision of College District is final and binding. College District has no obligation to advise Applicant as to why any Work was rejected or did not win a contest or was not selected for display, reproduction or printing.
- Once the ninety (90) days have passed and Applicant is sent notification that the Work has not been chosen for print or production by College District, Applicant may sell, display, copy or print the Work for any commercial or non-commercial purpose. However, Applicant shall not make reference to or use the Website to promote the Work. Additionally, College District may continue to display the Work on its Website.
- If the Work is selected for printing or production by College District, Applicant shall execute a copyright assignment in order to assign to College District all right, title, and interest in and to the copyright in the Work. Upon execution of the assignment, College District shall have exclusive rights in and to the Work, including but not limited to: reproducing the Work on the Items or otherwise, selling Items bearing the Work, making derivative works of the Work, using the Work on its website and on promotional material, and filing any civil action for past infringement. Applicant retains no rights in and to the Work. Applicant agrees to provide College District with all information as may be required in order to register the copyright in the Work at no cost.
- In consideration for the copyright assignment, College District shall pay to Applicant the sum of Five Hundred and No/100 Dollars ($500.00). Payment will be mailed to Applicant within ninety (90) days after College District receives from Applicant (1) an executed copyright assignment and (b) a high resolution artwork deemed suitable for print. If the high resolution artwork is not deemed suitable for print, College District will notify Applicant of the reason(s) for its determination by email and will make a good-faith effort to assist Applicant in presenting a suitable hi-resolution format. Additionally, any time the Work is used for a different college or university (a) in a different color scheme or (b) in a substantially similar format ("re-purposed use"), additional consideration of $250.00 per re-purposed use shall be paid to Applicant, up to a total maximum payment for any Work and re-purposed use thereof of $5,000.00.
- This Agreement constitutes the entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.
- Applicant shall indemnify, defend and hold harmless College District against all losses arising out of or resulting from any claim, suit, action or proceeding (each, an "Action") by a third party related to or arising out of a claim that the Work or use thereof solely in compliance with this Agreement, infringes an intellectual property right of any third party or violates any U.S. Law. College District notifies Applicant of any Action and cooperates with Applicant at the Applicant's sole cost and expense. Applicant shall immediately take control of the defense and investigation of such Action and shall employ counsel of its choice to handle and defend the same, at Applicant's sole cost and expense. Applicant shall not settle any Action in a manner that adversely affects the rights of College District without College District's prior consent [, which shall not be unreasonably withheld or delayed].
- Each party shall, upon the reasonable request, and at the sole cost and expense, of the other party, promptly execute such documents and perform such acts as may be necessary to give full effect to the terms of this Agreement.
- The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
- This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person any legal or equitable right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement.
- College District may assign or otherwise transfer any of its rights, or delegate or otherwise transfer any of its obligations or performance, under this Agreement, without Applicant's prior written consent. This Agreement is binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
- This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
- If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
- This Agreement shall be governed by and construed in accordance with the internal laws of the State of Louisiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Louisiana or any other jurisdiction) that would cause the application of Laws of any jurisdiction other than those of the State of Louisiana. Any legal suit, action or proceeding arising out of or related to this Agreement or the licenses granted hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of Louisiana in each case located in the Parish of East Baton Rouge, each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Service of process, summons, notice or other document by mail to such party's address set forth herein shall be effective service of process for any suit, action or other proceeding brought in any such court.
- In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of or related to this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and court costs from the non-prevailing party.