The Artist decides at his absolute discretion to publish on the Portal the works he intends to sell and that works will be submitted to the Portal’s examination in order to decide if to post them for sale or not. This decision is only left to the discretion of the Portal without this may give rise to any right from the Artist.
The Portal commits itself to promoting the published works, in order to sell them at the price demanded by the artist or at the best price offered by the Purchaser and accepted by the Artist.
The Portal and the Artist will work to carry out all the actions they deem appropriate to promote the works to the contacts that the Portal will provide for the promotion.
Considered the special nature of the initiative of the Portal, is intended that the Portal will carry out the activities in favor of the Artist, without territorial reference or competence areas and any relevant constraints.
The Artist is informed about the procedure of acceptance or refusal of the registration in accordance with the criteria known at the time of the subscription of this agreement.
As for the ways and criteria of the fulfilment of the assignment, the Portal will carry out its activity autonomously and independently, and will implement all the marketing actions it will deem as most appropriate at its absolute discretion.
The works that will be accepted and published in the “Home Page” area, just because of the open nature of the contract, will be exclusively released to the Portal.
The Artist may in any case act in his/her own name or through other operators without prejudice to the royalty right referred to in the following paragraph 4. Consideration and reimbursements of expenses in favor of the Portal in all cases and for all the selling procedures.
The royalty to the Portal is due even if the artist decides to withdraw the work from the portal.
The Portal operates all over the world, for this reason the Artist has to declare to be interested in selling his/her works without any territorial limit.
The artist declares that the works that he/she records in the Portal are his/her exclusive property not subject to any kind of constraints, such as: Claims from third parties, pledges, sureties and guarantees, or anything else that might restrict the sale, and declares from now to free the Portal from any liability for false statements related to the above exposed. The incorrect or false information by the Artist will set up the right to royalty in each of the cases referred to in the preceding paragraph, without prejudice to additional compensation for damages that may arise.
The Artist declares under his/her responsibility that the published works don’t derive from illegal properties such as: theft, copying, copyright violations, etc...
At the time of the stipulation of this contract, the Portal will deliver to the Artist all the documents necessary for the fulfilment of the assignment, and will commit itself to providing all the necessary promotion and information for the achievement of the set goals.
Given the correct fulfillment of the obligations under Articles. 1, 2 and 3 as a consideration for the activity performed by the Portal, the Artist is obliged to pay to the Portal, which accepts, a royalty amounting to 15% + VAT of the sales that the Portal will implement directly or through third parties appointed by the Portal or by the Artist himself/herself.
The royalty will be paid also in the event that the Artist at his/her incontestable discretion decides to withdraw the works from the portal within twelve months from the publication. The Artist commits himself/herself to immediately inform Eplatform if he/she sold the works through other channels in order to delate the works from the Portal and pay the contractual royalty.
The royalty has to be paid simultaneously with the collection of the works sale value by the Artist. The royalty has to be paid also in the case that the Artist would withdraw the works from the Portal and give it free of charge according to his/him decision.
The assignment is meant to be conferred for an indefinite time and may be terminated at any time by both parties without the obligation of the existence of a good cause, without prejudice to the right to royalty in favor of Eplatform as established in Paragraph 4. The royalty is not due in case Eplatform will terminate the contract and remove the works from the site before the sale.
It is understood that the Artist, both currently and in the future, cannot divulge and/or use in any way and/or place and/or time, news about the customers, the organizations and the corporate procedures of the Portal that he/she knows because of his/her performance of the Portal activities.
The Parties agree for the right to terminate the relation at any time, without the requirement of a prior notice, except for what is established in the previous art. 5 "Duration".
Without prejudice to the provisions of the above mentioned art. 4, the parties acknowledge that for specific actions and activities that will be previously agreed in written form, the Portal will be able to receive a refund of the expenses incurred for travel, room and board, always after the presentation of the expenses proofs and related reports.
The Parties agree to establish the exclusive jurisdiction of the Court of Milan for all disputes deriving from and/or related to this contract, in derogation from the ordinary territorial jurisdiction and with the exclusion of the competition of Courts prescribed by law as an alternative way. The applicable law is that of the Italian Republic.
Any communication that will take place by registered letter or email, will have a legal value. For the purpose of the communication pursuant to this Agreement, the correct contact information is the one indicated in the epigraph. Any changes must be communicated to the other party.