Seller License Agreement
This Seller License Agreement (the Agreement) sets forth the terms and conditions of a publishing agreement by and between sellers (the Licensor) and us (Highend3D Marketplace). By the act of delivering content to us, either electronically or otherwise, and for the considerations, warranties, and covenants set forth herein to sell:
1.1 Licensed Products. The “Licensed Products” shall refer to any material published by Highend3D Marketplace including but not limited to: 3D models, objects, datasets, databases, textures, images, products, plug-ins, character rigs, scripts, motion files, collections, packages, materials, shapes, custom UI skins, tutorials, frequently asked questions, words, music, films, video game, images video games, movies, sessions, courses, software and other subject matter related thereto in their configuration, and which are hereby licensed to Highend3D Marketplace by the Licensor and made subject to the terms and conditions of this Agreement.
1.2 Licensed Intellectual Property. “Licensed Intellectual Property” shall mean any and all copyright, patents, trade secrets, trademarks, trade names, trade dress rights, and any other intellectual property and other rights, which relate to or form any part of the Licensed Products.
1.3 Sales Revenue. The “Sales Revenue” for the Licensed Products shall be the sales price(s) paid for the Licensed Product(s) sold or licensed by Highend3D Marketplace. Reductions to the Sales Revenue shall be made for rebates, refunds, dealer or distributor discounts and the like. Neither sales taxes nor income taxes or the like shall be included in Sales Revenue.
2.1 Appointment; Grant of Rights and License. You hereby appoint Highend3D Marketplace, as a non-exclusive distributor, with world-wide, perpetual rights and licenses, to publish, market, distribute, sell, translate, transfer and sublicense, whether bundled or not bundled with other CC Marketplace products or services, all Licensed Products and Licensed Intellectual Property; and (ii) Licensor hereby grants to CC Marketplace a non-exclusive, world-wide, perpetual, non-royalty bearing, fully-paid-up rights and licenses to use, modify, reproduce, prepare derivative works and otherwise exploit any or all of the foregoing, and to use, reproduce and distribute generally all trademarks, trade names, trade dress and service marks of Licensor for Highend3D Marketplace’s marketing purposes (all of the foregoing appointments, rights and licenses are referred to herein collectively as the “License”). Under the License, you agree that Highend3D Marketplace may, at its sole discretion:
a) exercise the License in whole or in part with respect to the Licensed Products in any software format and on any computer hardware platform;
b) translate, convert or otherwise modify the Licensed Products;
c) create derivative works from the Licensed Products;
d) license or sublicense any or all Licensed Products under Highend3D Marketplace’s license, sublicense or end-user agreements, or under Highend3D Marketplace’s OEM, bundling or reseller agreements; and
e) determine and have final discretion with respect to all marketing and pricing decisions regarding the Licensed Products.
2.2 Retention of Rights by Licensor. Nothing in this Agreement shall be construed as limiting Licensors rights to utilize the Licensed Product itself or grant licenses to the Licensed Products to other parties provided that such licenses do not conflict with the rights granted to Highend3D Marketplace hereunder.
3.1 Royalty. Licensor shall be entitled to a “Royalty” equal to fifty-five percent (55%) Less Transaction Fee, of (a) the Sales Revenue of all Licensed Products sold by Highend3D Marketplace during the Term hereof and (b) Highend3D Marketplace’s net royalty income received from any sublicensee of Highend3D Marketplace during the Term hereof, subject to the terms and conditions set forth in this Section. If a Licensed Product is a part or component of a larger item or bundled, then the Sales Revenue shall be only that portion of the Sales Revenue of the larger item or bundle that is fairly, reasonably and conclusively allocated by Highend3D Marketplace to the part or component that is the Licensed Product. If any Licensed Products are sublicensed by Highend3D Marketplace to any sublicensee(s) and then resold or re-sublicensed to another third party by the sublicensee(s), the Royalty payable by Highend3D Marketplace to Licensor for any such transaction(s) shall be limited to fifty-five percent (55%) of whatever payment(s), Less Transaction Fee, Highend3D Marketplace receives from the sublicensee(s). There are no other royalties, fees or any other compensation payable to Licensor under this Agreement except as expressly specified in this paragraph.
3.2 Royalty Payments. Payments for previous month are calculated on the 1st of each next month. Payments will be made on the 7th of each month for previous month sales. This is to allow time for refunds and disputes from the previous month to be resolved before payments are made. Payments are made through Paypal or Moneybookers directly. The Royalty shall be paid in United States dollars or converted where available in services such as Paypal. The Royalty and Sales Revenue shall be determined according to the definitions set forth above and, in the event of any uncertainty beyond said definitions, in accordance with generally accepted accounting principles consistently applied. Payments are processed by banks and due to holidays and weekends, depending on the month, actual money transfer to sellers may occur anywhere between the 7th-11th of the following month. Bank transfers are subject to Paypal and Skrill timing and sometimes delays occur with these services unrelated to the timing of our bank transfers.
3.3 Demonstration Copies. Highend3D Marketplace and its Sublicensees shall have no Royalty obligation to Licensor for copies of any Licensed Products used by Highend3D Marketplace for demonstration, evaluation or advertising purposes.
3.4 Other.Except for the foregoing, there are no other royalties, fees or any other compensation payable by Highend3D Marketplace to Licensor or any third party under this Agreement. Licensor agrees that the consideration paid to it herein is fair and sufficient consideration for the rights and licenses granted, and, therefore, agrees to waive any right it has to modify the consideration included in this Agreement.
4. Chargebacks and Fraud
4.1 Chargebacks. Marketplace Sellers are responsible for all chargebacks related to items they sell. Marketplace Sellers will be held responsible for any chargeback where the Marketplace Seller fails to respond to any and all information requests, or if the response is insufficient to fight the chargeback. Marketplace Sellers will be held responsible for the amount of the order, as well as all fees assessed by the bank for the issuance of the chargeback. These fees are not assessed nor covered by Highend3D Marketplace and are the Marketplace Seller's responsibility unless the charge is from a stolen or fraudulant credit card, in which Highend3D Marketplace will pay the chargeback fees for the seller. If a chargeback is issued and covered by the issuer's protection policy, you will not be held responsible for the monetary amount. However, all chargebacks are closely monitored. A high number of chargebacks for your Marketplace Seller account will result in further action by Highend3D Marketplace. If a chargeback fee is greater than the amount of money owed to Licensor than Licensor's account will become negative in royalty payments until the cost of chargeback is met through additional salesof Licensor's products.
4.2 Fraud Prevention. Highend3D Marketplace is subscribed to special fraud prevention services which allow for a strict set of defined and detailed rules to prevent fraud. Highend3D Marketplace monitors and checks every purchase and builds new rules in an on-going basis to give Marketplace Sellers the most amount of protection from fraud and chargebacks.
5. Prohibited Items and Seller Performance
5.1 The following items cannot be sold on Highend3D Marketplace.
- Pornography. All items of an adult themed nature are prohibited.
- Illegal or stolen items. This includes items obtained unlawfully as well as products and videos that violate U.S. copyright & trademark laws.
- Counterfeit, pirated, scanned, or knockoff versions of digital products and videos
- Defective and / or misrepresented products
5.2 Marketplace Seller Performance. Customer service is the highest priority for Highend3D.com/Highend3d.com and we expect the same to be true for all Marketplace Sellers on our marketplace. It is the Marketplace Seller’s responsibility to accurately identify items through items traits and clear description, quickly and accurately confirm orders, and resolve customer issues in a courteous and professional manner. Failure to adhere to the highest standards for customer service may lead to a Marketplace Seller’s suspension pending the resolution of any issues. Sellers are responsible for the security of their email accounts and payment addresses, preventing their Creativecrash.com/Highend3d.com from being hijacked with passwords sent to their own verified email accounts. We monitor logins, succcessful and failed -- any suspicious login attempts or activity from suspicious IP addresses, including using proxy servers may result in the account being locked until indentity can be verified.
5.3 Consequences for non-performance. Violations of the policies above may result in any or all of the following actions:
- Listing cancellation
- Temporary account suspension
- Account termination
- Limits on account privileges
- Account balance adjustment
- Loss of Marketplace Seller privileges
- Referral to law enforcement
- Locked Account until seller can verify identity with photo ID or passport
- Withholding of pending payments until issues are resolved. Payments may be withheld for up to 120 days if your account is permanently suspended. This is to make sure all pending returns, refunds, and chargebacks are addressed before payment is issued and adjustments are made to your account.
6.1 Contact. Highend3D Marketplace will make every effort to contact the Licensor prior to taking action for violations of Marketplace Seller terms and conditions.
6.2 Customer Information. Customer information, including email address, may only be used in the context of customer service related to products sold on Highend3D Marketplace. Use of any customer information for purposes outside of Highend3D Marketplace's system is strictly forbidden.
6.3 Other Violations. Other violations of Marketplace Seller terms and conditions include:
- Listing inaccurate or incorrect product information or item description descriptions resulting in the misrepresentation of products.
- Failure to deliver an item for which payment was accepted.
- Failure to respond to all customer inquiries pre and post order
- Non-response to Highend3D Marketplace Customer Service staff inquiries
- Unclear pricing - descriptions include instructions to contact Marketplace Seller for pricing details or to negotiate a price (even though the product does have a valid price attached to it)
- Canceling an order on Highend3D Marketplace and redirecting a customer to pay you via PayPal or any other means.
- Threatening or abusive language or attempts to intimidate Highend3D Marketplace's staff, fellow Marketplace Sellers, or buyers
- Inclusion of personal or political commentary that may be considered defamatory in product descriptions
- Attempting to bribe a customer with benefits in exchange for positive feedback or other similar actions
6.4 Basic Rules. To point out some basic rules, when you sell with us we ask you to:
- Do not include any links to external sites (we promote your products here, help us sell them)
- Do not list your email. If users want to contact they can use the contact form on our site or the upcoming "Pre-Sales Questions" and "FAQ" section.
- Do not sell this asset anywhere else for a lesser expensive price. Undercutting hurts our business and is not acceptable by our selling partners.
- Use our Bug System, Feature Request System, and Forum for your product. These are great community building tools and will result in higher sales for both of us.
- Include wireframes and good descriptions of your products
- Use spell check. If you are providing a description in multiple languages, you must include english
- Clean up your zip files; Organize your files into logical structures and keep things simple/clean
- Do not try to circumvent our systems. We work hard for our community and we hope you respect our rules.