Design Submission Terms and Conditions

The CollarFree.com website (Site) may allow you to upload designs or other images (Designs) for the purposes of having such Designs considered to be printed and sold on articles of clothing.  The following Design Submission Terms and Condition (Design Terms) govern all Design submissions.  By submitting a Design to the Site, you agree to be bound by all of the terms and conditions of these Design Terms. 

Collar Free, Inc. (Collar Free) reserves the right, at its sole discretion, to modify or replace any of these Design Terms at any time (including, without limitation, with respect to payment).  Changes will be posted on the Site.  It is your responsibility to check the Design Terms periodically for changes.  Your Design will be subject to the Design Terms in effect at the time your Design is submitted to the Site.  The Design Terms are subject to the Website Terms of Use.

You represent and warrant that all Designs submitted by you to the Site shall be your original work and will not infringe or otherwise violate the rights of any third party.  For clarity, you represent and warrant that none of your Designs contains any trademarks, logos, copyrighted material or any other intellectual property belonging to any third party.

Collar Free reserves the right to reject or remove any Design, at anytime, for any reason. Designs that do not include “Master Art” ready for print will be automatically rejected. 

Design Selection.

By submitting a Design to the Site, you grant Collar Free a worldwide, non-exclusive, royalty-free, sublicenseable and transferable right and license to use, reproduce, distribute, prepare derivative works of, display and perform the Design in connection with the Site’s design selection process. You hereby agree that, by submitting your Design, you shall not reproduce, sell or submit the Design to any third party for any commercial apparel purpose for ninety (90) days after the date of submission (during which time the Design is being subject to the Collar Free design selection process).  For clarity, during this period, you shall not submit the Design to another company to be potentially produced on apparel.  Once such ninety (90) day period has expired, if your Design was not chosen for print by Collar Free, you are free to use the Design for commercial apparel purposes; provided that, you must email Collar Free (at jimmyandpat@collarfree.com) to notify us where and when it will be commercially produced so that it can be removed from the Site.

Selected Designs.

Designs are selected to be printed and sold based on Collar Free’s voting and rating system.   Designs that are selected according to such system shall be Selected Designs.  Notwithstanding such voting/rating system, Collar Free reserves the right to reject any Design, or designate any design as a Selected Design.  If your Design becomes a Selected Design, you hereby do and shall grant to Collar Free (and its successors, assigns, third party services providers (e.g. contract manufacturers), distributors, resellers and other channel partners) an exclusive, worldwide, perpetual, irrevocable, sublicensable and transferable license to use, reproduce, modify, distribute, publicly display and otherwise exploit the Selected Design on and in connection with the manufacture, sale, promotion and distribution of clothing products.  For clarity, a Selected Design may be reworked by professional designers to prepare it for use.  Additionally, if the Design meets the criteria of the copyright laws of the United States, Collar Free may (and you shall reasonably assist Collar Free to) register the design with the U.S. Copyright Office.

Nothing contained hereunder requires that Collar Free use, produce or distribute any Selected Design. 

You may use or continue to use your Selected Design for any purposes that are not subject to the exclusive license above.

Royalties and Cash Prizes

This section applies only to designers who have Selected Designs.  You will be paid a one time $200 cash prize when your design becomes a Selected Design. You will also receive a royalty for each shirt (that incorporates your Selected Design) that is sold by Collar Free online or through wholesale distribution based on the royalty schedule set forth below. The schedule is based on the cumulative sales of a designer’s designs, not individual designs. Ex: One design that sells 1,000 units or 2 designs that sell 1,000 units combined results in the same payment of royalties.  Royalties will be paid monthly via Paypal. The one time cash prize will be paid when a design becomes a Selected Design and is approved for production.  It is your responsibility to setup and provide Collar Free with your email registered with Paypal.  If you exceed $500 in royalties and/or prizes in one (1) year, you will need to provide the necessary information to complete a W-9 to be paid as an independent contractor.  Payment will accrue and be held, but not forfeited until this information is provided.  You will also receive five (5) free shirts that incorporate your Selected Design.  Royalties are not payable with respect to Custom Competitions (as described below).

Royalty Schedule

Custom Competitions

Collar Free from time to time will partner with 3^rd parties to provide custom competitions to the design community (Custom Competitions).  The prize or compensation for these competitions will vary based on the competition, and the royalty structure above will not apply.  The prize or compensation will be clearly stated in association with the said competition.

Custom Competitions will utilize the Collar Free voting engine, but the 3^rd party partner reserves the right to choose the winning design at their discretion.

Custom Competitions may be subject to additional or different terms and conditions.  Such terms and conditions will be posted in association with the applicable Custom Competition. 

Designer Profiles

Collar Free encourages the sale of all other artwork and services by the designers using the Site.  Therefore, the Site may provide you with the ability to engage in chat forums or create a designer profile (in which you can promote and sell your artwork).  You shall not post any content to your profile (or otherwise to the Site – e.g. to a chat forum) that directly conflicts with Collar Free’s business.  Direct conflicts are considered, but not limited to, posting (in your profile or to a forum) links to purchase clothing (e.g. t-shirts) from non-Collar Free websites (including, without limitation, your personal or professional website).  Collar Free reserves the right to delete any profile or forum posting in its sole discretion. 

General

Updated November 4th, 2008