Collaboration Agreement
The Terms and Conditions governing all parties in the Collaboration System
There are THREE roles in a collaboration as explained below:-
1. Producer – The person who initiated the collaboration and automatically holds the administrator position (“Admin”).
2. Collaborator – Every party (including parent/guardian of a minor) who is involved in the collaboration of a project invited by the Producer to collaborate on a project and may be offered a percentage of earnings from the project content sales for a set number of years as commission.
3. Uploader – The Producer or any of the Collaborators involved in the project, who is authorised by the Producer to upload the content derived from the collaboration on to the website https://www.eightstock.com/ (known as “Website”).
A. Terms and Conditions Applicable to All Parties in the Collaboration
1. The Collaborators hereby agree to irrevocably assign any rights they may have over any photographic, film, video, vector, illustrations and other media content derived from a project (known as “Contents”) including any intellectual proprietary rights or copyrights, artwork and design to the Producer who is the sole copyright owner of the Contents. By assigning all their rights to the Contents to the Producer, the Collaborators also give the Producer the right to modify the Contents in any way or by any means including creating derivative works and such other variations in accordance with the terms herein. The rights herein given to the Producer is perpetual and worldwide and notwithstanding if any of the Collaborators’ account is closed or terminated the rights shall remain with the Producer.
2. All parties hereto agree to allow the Collaboration System on the Website to divide and disburse the earnings from the sales of the Contents derived from the collaboration, based on the Earning Percentage (%) and Years Entitled mutually agreed by the Producer and respective Collaborator. The computation of the entitlement between the Producer and the Collaborators is calculated down to the nearest thousandth for example, any amount of 0.0012, the amount entitled will be 0.001, and any excess or balance from the entitled amount shall be for the benefit of the Producer.
3. The earnings from sales of the Contents will automatically be divided and disbursed by the Collaboration System to the Producer and Collaborators involved in a project.
4. All parties will be given access to the earnings dashboard on the Website to monitor the income derived from the sales of the Contents approved for sale on the Website.
5. The Producer has no right to make changes or take action on the following without the consent of the respective and/or all collaborators:-
- Change the Earning %
- Change the Years Entitled
- Change the Role of Collaborators
- To Remove Collaborator(s)
- Delete Contents Derived from the Collaboration
- Delete Collaboration Group
6. To make or take action on any of the changes mentioned above in item 5, the Producer is required to send a request to the Collaborator(s) involved to get their consent. The Collaborators have seven (7) days to respond or the request will be considered rejected and there will be no changes to the collaboration details. If the changes require the consent of all the collaborators (Delete Contents and Delete Collaboration Group), all the Collaborators must give their consent within the said seven (7) days. Even if one of the Collaborator doesn’t give his/her consent, the Producer won’t be able to take action and there shall be no changes.
7. At the end of the Collaborators entitled earning period, the Producer who is the sole copyright owner of the Contents is entitled to 100% of the earnings from the sale of the Contents and the Collaborators will have no further claims to any earnings from the project.
8. If a Collaborator leaves the collaboration group before his/her earning term ends, all his/her earnings will automatically be transferred to the Producer.
9. The Producer and Collaborators may utilise the Sample Agreement made available by United Gig Ltd on its Website, and the terms and conditions may be changed according to the agreed terms between the parties. However, United Gig Ltd will only recognise the Terms and Conditions of a collaboration as stated here and United Gig will not be liable for any disputes resulting from this.
10. All parties are advised to obtain such insurance coverage in protecting any damage to any property, injury or harm to any person arising from the Collaboration, at their own cost.
B. Producer Responsibilities/Entitlement
1. The Producer is the sole copyright owner of the Contents derived from the collaboration and is fully responsible for the Contents uploaded on to the Website whether by themselves or anyone appointed by the Producer to be the Uploader.
2. The Producer is responsible for all the releases and shall ensure that it is genuine and authentic, truthful and legal.
3. The Producer is responsible to register this Collaboration on the eightstock Collaboration System and will upload the Contents to the Website. The Collaborators acknowledge that the Contents uploaded are subject to the approval of United Gig to be made available for sale on the Website.
4. The Producer shall be responsible to upload or assign the Uploader to upload all the required Releases to the Website. The Producer shall keep and be responsible for all Releases and related documents connected to the Contents and shall provide them upon request by United Gig Ltd or when needed.
5. The Producer has the right to appoint or change the title of the Uploader without the consent of the Uploader. The Producer must ensure the Uploader complies with all the terms and conditions related to the duties of uploading content. Any breach by the Uploader of any such terms and conditions shall be deemed to be a breach by the Producer.
C. Collaborator Responsibilities/Entitlement
1. Each Collaborator warrant and represent that they have the capacity to enter into this Collaboration. The Collaborator may be entitled to a share of the earnings from the sales of the Contents derived from the collaboration according to the Earning Percentage (%) and Years Entitled as mutually agreed by the Producer and respective Collaborators.
2. The Collaborators must agree to assign any rights they may have to the Contents derived from the collaboration to the Producer including the Releases required for the Contents to be leased for any use in accordance to the terms of the Release. The rights assigned will entitle the Producer the rights to modify the Contents in any way and by any means as the Producer may deem fit including creating derivative works and such other variation in accordance with the terms of the Release.
3. Each Collaborator is liable for and bear their own tax in their respective countries.
D. Uploader Responsibilities/Entitlement
1. An Uploader is the Producer or any one of the Collaborators in a collaboration that is authorised by the Producer to upload the Contents to the Website.
2. The Uploader is not authorised to upload any Contents derived from the collaboration or elsewhere except with the approval of the Producer. The Uploader shall be responsible for any Contents uploaded which is/are in violation of the terms and conditions herein.
3. All terms and conditions regarding any uploading of contents stated here and/or the Contributor Agreement are applicable to the Uploader and must be strictly adhered to.
E. Breach By Any Parties
1. If there are any violations or breach of any terms and conditions stated here and also terms agreed to prior on the Website by any party herein, United Gig Ltd has the absolute right to remove any images or suspend or freeze their respective accounts on the Website and/or suspend such party from any activities in his/her account and/or creating any new collaboration for a period that United Gig Ltd may deem fit and proper, until such violation or breach is rectified within the period specified by United Gig Ltd. In the case where there’s a failure on the part of the party in breach to rectify the violation and the account is frozen, United Gig will be entitled to impose a penalty of an amount equivalent to a certain percentage on all the future earnings of the party in breach as United Gig may in its absolute discretion deem fit and proper. The penalty imposed will not affect the account of other parties not in breach.
2. Should any party hereto commit any fraud or misconduct including obtaining the Releases by any party, such party will be held responsible for any losses/penalties and all legal consequences/actions resulting from the said fraud or misconduct. United Gig views this as a serious violation, and will be entitled to freeze or close the account of the Collaborator and/or Producer and forfeit all earnings derived from all the collaborations.
3. United Gig Ltd is not responsible for any additional terms and conditions not stated here and United Gig Ltd shall not be held responsible in any way whatsoever for any disputes resulting from this and it is up to the parties to resolve the matter among themselves.
4. The Producer and the Collaborators hereby expressly indemnify and keep United Gig Ltd indemnified of any claims, loss or damages consequential to any breach of the terms and conditions of this agreement including any claims by end users or members of United Gig and/or all the terms that they agreed to prior on the Website and/or any fraudulent act by any party hereto.