Artist's Services Agreement (ASA)

The Artist's Services Agreement (ASA) as part of the Terms of Use is made between COCOLORE (hereinafter “We”; “us”; “our”, etc.) and artists or designers (“you”) who wish to use our services on www.cocolore.com (the website) in order to promote and share their talent in art.

We are a market place for artwork and have an understanding for fashionable art. We put the artist or designer (“you”) in the focus by promoting you with a personal profile as well as presenting your artwork in a fashionable way such as the street style look and by giving the customer the opportunity to watch how an artwork is created (your artwork video). Therefore, we promote the Meet & Greet between Fashionistas and Artists. We value high quality, which you will find like a golden line in every aspect of our daily business: in t-shirt quality, in our business and customer services such as the availability or the website and artwork design. By using our service, we take care about the whole product fulfillment such as the marketing and sale in order to deliver a physical product (“your artwork”) to customers.

By using our Services, you agree to this ASA.

 

1.    Our services

We offer you a wide range of services with a focus in quality services such as:

  • Product fulfillment for offering your artwork in our shop:
    Payment, processing, customer services, third party product manufacturing and shipping,
  • Promoting your talent on our artist platform,
  • Promoting your artist journey including artwork video and artwork story,
  • Visualizing your art, such as tee pictures in street style look

1.1    Product fulfillment

Cocolore acts as an independent contractor between customers who purchase products and artists who offer their designs for sale. Cocolore obtain orders from customers and is responsible for the product fulfillment which includes the customer’s payment, product delivery and artist’s payment.
Cocolore delivers the services for you until termination, which means you need to cancel your Artist Account. In case of termination, Cocolore is free to sale your products, which are still on stock.

1.2    Promoting your talent

Cocolore is free to act in any capacity for marketing and sales in order to promote your artwork. We offer you an artist platform where you are free to publish information about you and your artwork to let the customer know where you are and what you offer for sale. You are free to publish information about you and how customers can reach you (for instance information about your personal website, facebook, deviant art, youtube etc.). Please be aware, that this information is public and available for everybody who visits your site.

1.3 Promoting your artist journey

You offer us your designs, videos how you created the artwork and the artwork story why you painted the artwork. We believe that customers want to feel connected with your art – and the best way to do so is to tell them how and why it was created. Cocolore is free to use your material (design, video, story) for marketing in order to push your sales.

1.4 Visualizing your art

To make more of your artwork and to give customers a better look on how your art looks on t-shirts, we display your art in street style look, among other things. To do so, you grant us the right to give your design to third parties in order to realize pictures that show your artwork in street style look.

 

2.    License

You grant COCOLORE a non-exclusive royalty worldwide free license to use your intellectual property for the purpose of selling your art.
You instruct Cocolore to proceed manufacturing, shipping, payment and customer services.

 

3.    Creating an Artist Account

In order to use our services, whether for sale or not, you need to become a registered member by creating a username and password protected account. When registering, you must provide accurate, complete and updated information. You are not allowed to use a username, which is vulgar or discriminate other persons. You may never use another users’ account without permission.
You acknowledge and agree that Cocolore may access, retain or disclose your account information if required by law.

4.    Intellectual Property Rights and Content

By using COCOLORE’s services you own and retain all rights in your content. You represent and warrant that:

  • You own all intellectual property rights of your design,
  • You own a commercial license for using music in your artist video,
  • Your artwork stories are not copied but created by your own,
  • Your content will not infringe the intellectual property rights or other rights of any person or entity, including without limitation trademarks, patents, copyrights and moral rights as well as publicity or rights of privacy,
  • Your content does not contain misleading or false information, defamatory, pornographic, harassing, harmful or threatening content

 

COCOLORE preserves the right (but has no obligation to do so) to screen your content before made public on the website, to remove your content or to terminate your account if COCOLORE assumes you infringe intellectual property rights.

4.1 Procedure for Reporting Infringements of Intellectual Property Rights

If you believe that your content has been used in a way that infringes your intellectual property rights under the Digital Millenium Copyright Act (“DMCA”), you need to provide us with the following information:

  • a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property rights that has been infringed
  • a description of the content that has been infringed
  • the URL where the infringed content is placed
  • your contact information
  • a statement by you that you have good faith belief that the person is not authorized to use the content
  • a statement by you, made under penalty of jury, that the information of claimed infringement is accurate and that you are authorized to act on behalf of the owner

Send your claim to dmca@cocolore.com. Please be aware, that your claim is invalid, if you provide us not with all the above requirements.

4.2 Procedure for supplying a counter-notice

If Cocolore has received a report that state infringements of copyrights against you, the noted work will have been removed after screening. You will not be able to view or update the claimed content. It is possible, that not the whole content infringes against intellectual property rights but parts of it such as music, logos or other small parts in your picture.
If you believe that the removal was a mistake you can send us a counter-notice with the following information:

  • a physical or electronic signature of the person authorized to act on behalf of the owner of the intellectual property rights of the material that is claimed to be infringed
  • a description of the content that has been removed
  • the URL where the claimed infringed content was placed
  • your contact information
  • a statement by you that you have good faith belief that the content that has been removed is a result of mistake or a misidentification
  • a statement by you that you consent to the jurisdiction of the Federal District Court for the judicial district where you live, and that you will accept service of process from the person who provided the claim to COCOLORE or such person’s agent.

If we receive a counter-notice (dmca@cocolore.com), we will send a copy to the original complaining party in order to inform the party about the counter-notice and next steps.

 

5.    Artist platform

For COCOLORE, the artist should be placed in the focus. Therefore, we offer you an artist platform where you are free to publish information about you and your artwork to let the customer know where you are and what you create. You are free to publish information about you and how customers can reach you (for instance information about your personal website, facebook, deviant art, youtube etc.). Please be aware, that this information is public and available for everybody who visits your site.

By offering information about you, you grant COCOLORE the right to use your information and publish parts of it on third-parties websites such as facebook or YouTube to push your sales.
The Artist platform is also a place where customers can contact you and ask for personal prints, which will be facilitated by us. In case a customers wants to purchase something of you, we will send you an e-mail that informs you about the order, which Cocolore will facilitate.

 

6.    COCOLORE Shop

The Cocolore shop is the place, where customers are able to purchase your artwork. By using our services, you will be placed in the focus. This means, that we grant artists a limited range of designs, which in fact increases your popularity and the chance to make more profit. We do not want to overload the customer with a multitude of designs but offer an exclusive range of designs for a specific period of time. By visiting your personal login area, you can see which topic is currently demanded for the shop. Independently of that, customers can always demand your artwork by asking on the artist platform for your art. Cocolore does not recommend or select any artists’ artwork, which will be available in the shop. Customers decide with their click rate which artwork will be available in the shop. The different topics ensure, that every few weeks new products will be available in the shop
To gain more information about the process, please visit your personal login area.

7.    Marketing and Advertising

You reserves the right, but has no obligation, to push your sales by promoting your artwork via different marketing and sales channels, for example featuring them in blogs, newsletters, social media platforms.
If you individually promote market and promote your products you must do so in accordance with the Terms of Use and this ASA. Please be aware, that commercial emails sent by you to market and promote your products available on our website must comply with the following:

  • The emails “From”, “To” must be accurate and stated by you personally and not in behalf of COCOLORE. The routing information, including the originating domain name and email address must be accurate and identify the person who send the email.
  • The subject line does not be misleading but clear and precise. You must state it as advertisement.
  • You must provide a return email address so customers can ask you not to send future email messages to that email address and you must respect that request.
  • The email must include your valid physical postal address

If you promote your products via YouTube videos you can post our logo in your video and use in the description part of YouTube the link to the product.

COCOLORE may prohibit you from linking products to our shop if it violates any of our agreements or policies.

 

8.    Payment

You authorize COCOLORE to take responsibility of the product fulfillment to sell your artwork. This implies that COCOLORE takes over customer’s payment and will pay you a royalty, which is 18.5 per cent of the sales price before taxes and shipping charges (e.g., a customer pays $32 for a shirt, then, your margin is $5.92 for this order).
We will pay you 30 days after sales reduced by cancellations on your Paypal deposit or direct bank deposit.
If you earn less than the dollar amount selected as the payment threshold, which is currently less than $20 for the given month, then the amount of royalties will be paid until the payment threshold is reached.
It is your responsibility to make sure that COCOLORE has the accurate bank account details. If we are unable to pay you we will hold your royalty for twelve months from the payment date.

 

9.    Campaigns and Discounts

For special campaigns such as the shop opening, Cocolore offers artists special margins. Please be aware, that the offered margin is the percentage rate on the value between customers’ final price (=after taxes and shipping charges) and Cocolore’s fix costs (=manufacturing costs). Please check the details in your private artist account. The offered campaign margin refers to a given time horizon and a fixed amount of customers orders. The special margin will only be paid for new artist’s registration. Cocolore has the right to shorten or to extend the period of the campaign.

 

10.    Taxation

Each party is responsible for their own taxes associated with each transaction, meaning you have to take care of your taxes that result from COCOLORE sales. We recommend you to consult a tax advisor

 

11.    Termination of your Membership

In its sole discretion, with our without your notice COCOLORE can terminate your account when you infringe any COCOLORE agreements.
You can terminate your account, by which COCOLORE will delete your information and sell your t-shirts, which are still on stock.