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Artist Ancillary Agreement

Additional Terms of Use – Artists

You, as the owner and/or creator of certain works that you would like to be distributed as book or e-book covers (“Works”) by Draft2Digital, LLC (“us” or “we” or “Draft2Digital”) by and through the functionality of bookcovers.com site (the “Services”), agree to these Additional Terms of Use for Artists.

By clicking accept and providing an electronic signature where you are given the option to do so, you agree to comply with and be bound by the following terms (the “Artist Agreement”), as well as the terms and conditions of our Terms of Use and Privacy Policy which are incorporated herein (collectively, the “Agreement”):

  1. For each Work you provide us, You represent, warrant and agree that: 
  2. You own all rights and/or have all permissions and consents necessary to allow the Work to be a part offered to third-parties through the Services; and
  • The Works do not, and will not when used as covers for e-books or other publications, include content that is 
  • Our exercise of the rights authorized under this Agreement and the materials provided or embodied in the Works you provide and the sale or distribution of the same will not violate or infringe upon the intellectual property, proprietary or other rights of any person or entity (including, without limitation, contractual rights, copyrights, trademarks, common law rights, rights of publicity, or privacy, or moral rights) or contain defamatory material or be offensive (as determined by Draft2Digital, which includes, but is not limited to, racial slurs, excessively graphic or violent material, or pornography), libelous, in violation of any third-party rights, of in violation of any law or regulation; 
  • You shall provide all materials that are necessary and requested by D2D, including cover art, necessary metadata and required third party copyright notices (which notices shall be less than 100 characters in length); 
  • You shall not disseminate or transmit to us any worms, viruses or other harmful, disruptive or destructive files, code or programs;
  • You will be solely responsible for accounting and paying any co-owners or co-administrators of any Work or portion thereof any royalties with respect to the uses of the content and their respective shares, if any, of any monies payable hereunder;
  • You agree that D2D may exercise the rights You provide herein and distribute Your Works through the Services; 
  • You shall comply with the Agreement and have the full right, power and authority to enter into and fully perform this Agreement on behalf of yourself and, to the extent you are accepting on behalf of a company, that company.   
  • For each Chosen Work, in addition to the rights otherwise granted under the Agreement, you grant Draft2Digital the worldwide, nonexclusive, and sublicenseable right and license to: 
  1. use, copy, modify, reproduce, distribute, translate, transmit, display and make derivative works of and distribute, sell and offer for sale such Works, in whole or in part, by all means now known or later developed, and in all languages and formats; 
  • market the Works, create derivatives of the Works for promotional purposes, and use your image, name and likeness in any medium worldwide in connection with the distribution, marketing and sale of the Works; 
  • reproduce and store Works on one or more computer facilities, and reformat, convert and encode Works and at various warehouses; 
  • use, reproduce, adapt, modify, and distribute, as we determine appropriate, in our sole discretion, any metadata and physical data that you provide in connection with Works;  and
  • transmit, reproduce and otherwise use (or cause the reformatting, transmission, reproduction, and/or other use of) Works as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g., caching to enable display)

You agree the foregoing rights may be assigned and sublicensed by us.   You may terminate the Agreement at any time and withdraw the foregoing rights, provided that you acknowledge and agree that (g) we may exercise rights under the Agreement for thirty days following your termination and (h) Authors (and their assigns) that purchased your Works through the Service prior to Your termination may continue to exercise all rights hereunder in connection with the e-book or publication for which the Work was purchased. 

  • You shall maintain ownership of Your Works subject to the rights and licenses granted herein.
  • Draft2Digital shall remit to You any royalties received from distribution of Works at those rates and subject to the terms available on the Payment Dashboard, which You acknowledge and agree is Your sole compensation and consideration for such distribution and the rights and licenses granted by You under this Agreement.  You acknowledge and agree we have no obligation to pay any royalties to you until after we receive payments for your Work from the applicable Author and, in the event of a failure on the part of any Author to pay us for your Work, we have no obligation to pay royalties to you for the same and your sole recourse shall be against said Author.  
  • To the fullest extent permitted by applicable law, You will defend, indemnify and hold Draft2Digital and its affiliates, as well as all their respective officers, directors, employees, affiliates, subcontractors, licensees, distributors and assigns (collectively, “D2D”) harmless from and against any loss, claim, settlement, penalty or liability (including reasonable attorneys’ fees) related to a third-party claim that arises out of any breach by You of the Agreement (“Claim”), and You agree that we may withhold monies due to You in the event of an actual or potential Claim or breach by You.
  1. In the event of a Claim, Draft2Digital has the right (but not the obligation) to provide the third-party making the Claim the personal and contact information you provide to us so that the third-party may contact you directly for resolution of the Claim. You acknowledge and agree that doing so shall not be a violation of any of your rights and that Draft2Digtial has no obligation to resolve, settle or perform any act or omission with respect to any Claim. Notwithstanding the foregoing or anything to the contrary in the Agreement, You may not settle or compromise any Claim that involves any admission, finding or determination of wrongdoing or violation of law by Draft2Digital. 
  1. To the extent You have a claim against a third-party related to a Work (including any Author for non-payment) for which you notify Draft2Digtial, You agree that Draft2Digital’s sole obligation with respect to the same is to provide you with the personal and contact information provided to us in relation to the Work; and, to the fullest extent allowable under appliable law, you release and discharge D2D from all other causes of action, claims for relief, lawsuits, charges, complaints, debts, liens, contracts, agreements, promises, liabilities, demands, damages, losses, rights, benefits, obligations, attorneys’ fees, penalties, statutory damages, costs or expenses of any kind or nature whatsoever, in law, equity or otherwise, known and unknown, liquidated or unliquidated.
  2. This Artist Agreement is intended to supplement, and not supersede the other portions of the Agreement, which shall remain in full force and effect.  To the extent there is a conflict among any term of the Agreement and the terms herein, the terms of this Artist Agreement shall control.