Search Logotrader
Advance Search
DESIGNERS AGREEMENT (EXCLUSIVE)

This following document contains the terms and conditions of the contract between the prospective designer and LogoTrader

This Agreement sets out terms according to which designers shall provide vector logos, vector illustrations and other vector designs to LogoTrader and its members. It governs the modalities of the transactions between the designers and the purchasers, which can occur through the website located at www.LogoTrader.com (the Site) for members of LogoTrader and other distribution avenues for other potential buyers. This Agreement is complimentary to the Terms of Use and Membership Agreement enunciated at the Site and to which all members that upload or download content have to adhere to. In the case that there is any conflict between the terms of this Agreement, the Membership Agreement and the Terms of Use, the terms of this Agreement shall prevail.

Background to the Agreement

  • This document is quite long but it contains vital terms and conditions which affect the rights and obligations of Designers. By ticking the I agree box at the end of this document, it becomes a valid contract between the member intending to upload data or materials to the site (you or the designer) and LogoTrader, administrator of the Site. It is advised that you print a copy of this Agreement for your own records.
    • The Designer desires to appoint LogoTrader as his sole agent for the distribution of exclusive content created by the designer on the terms and conditions described in this document. This Agreement is subject to periodic reviews or changes can be made to suit specific clients.
    • After accepting the terms of this Agreement, the Designer can upload Exclusive Content to LogoTrader by following the procedures enunciated in the site. This Agreement shall govern each upload effected and will be confirmed at the time of the upload.
    • This Agreement shall remain effective until such time it is revoked according to its terms. Should a Designer feel that the provisions of this Agreement are no longer satisfactory to him, he can undertake the termination process as described under Term and Termination.
  • General Terms
    • By completing the registration process with LogoTrader, the designer agrees to be legally bound by the conditions described in this Agreement. You are advised to read this document fully. These terms can be altered at any time through an update of this posting. You are advised to keep track of changes made to this posting as the terms are binding to you.
    • LogoTrader retains the right (but not the obligation) of refusing and removing any uploaded Exclusive Content that are in violation of this Agreement or that are otherwise offensive such as contents that are illegal, obscene, indecent, defamatory, or that may offend any particular religious or cultural group and infringe upon the rights of others. LogoTrader may decide to report all illegal activity to the competent authorities. You agree and hereby assent that your account information and content may be accessed, preserved and disclosed to the proper authorities insofar as it is needed to (a) comply with the requirements of the law (b) enforce the terms and conditions of this Agreement (c) attend to grievances of third parties regarding your content (d) attend to your own requests for customer service (e) ensure that the rights, property and security of LogoTrader, its users and the general public are respected. You acknowledge that LogoTrader can and will put an end to the membership of any designer that has been found to be in violation of this agreement
  • Registering as a Company
    • If you are acting on behalf of a company and can provide legal invoices to the clients (as described below), there is no need to provide government-issued ID (e.g. Drivers license or passport) in order to authenticate your identity
  • Registering as an Individual
    • In the absence of company details such as VAT number, then a piece of government-issued identification is needed. LogoTrader undertakes to never share this information with anyone.
  • Ownership of Submitted Artwork
    • Any uploaded Exclusive content remains the property of the individual who has uploaded it unless the artwork has been purchased by LogoTrader. The submitted artwork may not be used, changed or exhibited without the specific approval of the designer
    • Any uploaded Exclusive content remains the property of the individual who has uploaded it unless the artwork has been purchased by LogoTrader. The submitted artwork may not be used, changed or exhibited without the specific approval of the designer
  • Payments from Clients
    • All payments are made directly to the designer. The Designer hereby declares that he is the sole owner of the bank account he has provided in his account information and that all revenue received will be declared to his local authorities. All designers found to be committing fraud on the payment account will be disqualified from further use of LogoTrader
  • Customizing Designs
    • The potential client may also request that you customize a design to suit his taste by checking the checkbox customize prior to completing the purchase. The cost for customization is pre-set by the designer for each design and the client will need to pay more for this service. If the customize checkbox is checked, a message system service has been set up by LogoTrader to enable communication with the buyer. A period of 10 business days is available to the designer to submit the final design. Exchange of contact information (email, company name, phoneetc.) is strictly prohibited. LogoTrader reserves the right to monitor the exchange of messages between the designer and the buyer
  • Taxes and Reporting
    • The designer is the only person responsible for fulfilling his legal requirements regarding income tax and other taxes according to the law applicable to the country or state he lives in. LogoTrader shall not issue any tax forms
  • Indemnity
    • You agree that all losses, costs, and damages incurred by the LogoTrader and his representatives or agents arising from any action, claim suit, proceeding or demand initiated by a third party against us
      • the supply of personal financial information through the site
      • submission of postings and acceptance of offers from other people
      • any breach contract between you and other members of the site
      • breach of any terms of this Agreement
      • Non-payment of taxes on the income received through this site
      • Any omission or deliberate transgression against a member of the site
      • Non-payment of invoices to other members including disputes.
      • Obligations towards other members
    • This defense will outlast this Agreement and your use of the website
  • Use of the Website
    • This website should be used in a lawful manner. You agree that while using this website you shall not
      • Provide a false name or invalid physical or email address
      • Use the account of another member without authorization
      • Use the user name of another member to participate in projects
      • Submit material that is protected by copyrights, and other proprietary rights unless you are the owner of these rights or have received the permission of the owner to use these materials
      • Infringe upon any law, rights of other people or the rights of LogoTrader.com
      • Post untrue, incorrect, deceptive, offensive, or libelous content (including personal information) on the site.
      • Issue spam, chain letters or pyramid schemes
      • Issue viruses or other programs that may harm LogoTrader and its members and users
  • Submission of Artworks
    • All designs submitted must be your own creation and should not contain any copyrighted or trademarked material in them, unless LogoTrader has specifically requested you to do so.
    • Non-vector files should not be uploaded
    • The Designers will use the established upload procedures or any such procedures determined by the buyers to upload Exclusive Content to the site. LogoTrader reserves the right to determine whether such content is appropriate for posting.
    • LogoTrader may turn down designs or delete uploaded designs at any time for any reason such as if it is too simple, ugly, not uniqueetc.)
    • LogoTrader becomes the sole agent of the designer for the distribution of the designs uploaded to the site to members and third parties, and for the collection of all revenues that may accrue from these sales.
  • Submission Requirements
    • The Vector File
      • Must be compatible to Adobe Illustrator 8 (EPS/AI)
      • Must be compatible to Adobe Illustrator 8 (EPS/AI)
      • Must have been created in Illustrator, Freehand, Xara or CorelDraw
      • Must not include any gif or jpg files
      • Must not be copyrighted by a third party
      • May contain text as a complement to the composition, if required
      • Should not contain copyrighted effects such as brushes, swatches and strokes
    • The designer should ensure that
      • All layers are unlocked and guides turned off
      • All layers are unlocked and guides turned off
      • Unnecessary color swatches are removed
      • Layers are rightly named
      • Multiple versions of the same vector file are submitted with minor differences in color
      • Photography, sketches or 3D renders are hand traced (autotracing is prohibited)
      • Fonts are converted into paths/outlines before submission
      • Unnecessary shapes or dots are removed from the drawing
      • Pasteboard area is left blank
      • stray paths and points outside the art board are removed
      • all shapes used during the drawing process are closed
      • any transparent objects, drop shadows, bevels and embosses are removed
    • The RAR file
      • consists of 1 vector EPS/AI file (Adobe Illustrator 8 compatible) and two other types of files
      • should not exceed 5 MB
      • should not have any caption or descriptive text used in the JPEG preview
    • The Designer should ensure that
      • features are not compatible with AI 8 (e.g. transparency effects) are not used
      • The alternative file folder does not contain personalized text messages. This may lead to account suspension.
      • Personal naming systems are not used to name files
      • File names accurately reflect the content of the file. The designer acknowledges that naming files starting with A or 1 so that they appear first in search results is not allowed.
    • The JPG file
      • Is meant to show in frontend.
      • Should be exactly 300 by 300 pixels with a white background
    • The designer should ensure that
      • All designs are ordered neatly, if there is more than one being submitted
      • The JPEG preview matches the illustration. If this is not the case, the designer understands that his design may be declined.
    Protection of Intellectual Property Rights
    • The Designer agrees not to post Exclusive Content, Descriptive Information and other material that is subject to any patent, trademark, copyright, trade secret, right to privacy, right to publicity or any other law or right.
    • The Designer acknowledges that by uploading content he is declaring that he is the owner of all rights pertaining to that content
    • The Designer agrees that LogoTrader and his representatives shall not be liable to any damage or claim that may result from the posting of Exclusive content by the Designer to the website

    Compensation

    • The Designer acknowledges that all transactions between a client and the designer are logged for the purpose of calculating credits.Credits shall be stored in a debt-account, which shall be accessible to the designer through the Control panel
    • The Designer agrees that a portion of all credits received shall be used to pay membership fees to LogoTrader. Membership fees are variable and may change without notice by posting onto the site. If at any time, the Designer feels that the membership fees are not acceptable to him, he may opt to terminate this Agreement
    • The Designer understands that LogoTrader, as a Belgian company, has to add VAT (21%) to the amount paid for clients that have no VAT number (individuals). For clients outside Belgium and those with a valid VAT number, no VAT will be calculated in the invoice
    • LogoTrader is entitled to withhold any such amount as it deems fit, owing to outstanding payments owed by the Designer to it or as a result of any perceived possibility of claims that may arise from transactions effected by the Designer, from the revenue attributable to the Designer

    Passwords

    • The responsibility of using the Member name and password for accessing the different services of the site is strictly on the Designer. LogoTrader is entitled to accept the Member Name and password of the Designer as confirmation of the Designers wish to upload material to the website. LogoTrader shall not be responsible for exclusive content submitted under your Member Name and Password

    Managing Exclusive Content

    • LogoTrader has established policies and procedures that must be followed before Exclusive Content can be posted or offered for sale and license. Besides appraising the general quality of the uploaded content, LogoTrader cannot review all Exclusive Content or Descriptive Information that has been submitted. LogoTrader, however, may still opt to remove uploaded content which it feels are in violation of this Agreement or any rights of third parties. In such an event, the Designer agrees to forfeit all payments due to him for the rejected uploaded content
    • LogoTrader has the right, but not the obligation, to make corrections to the Uploaded content. Any screening of uploaded content that LogoTrader may perform is done as a courtesy only and will not give rise to commitment
    • Uploaded content that has not been sanctioned by LogoTrader shall not be made available to purchasers for sale or licensing without the express written agreement of LogoTrader. LogoTrader may opt to sell non-accepted uploaded content through other distribution avenues as it deems fit. The compensation arising from this new transaction will be subject to new rates that will be agreed upon by the parties to the trasaction.
    • Given the complexities of vector designs, LogoTrader cannot take the responsibility of ensuring compliance of agreements between designers and clients. The designer therefore agrees that the uploaded content may be used in other ways not considered in this Agreement or in the Content License Agreement. You hereby agree that LogoTrader has in no case be liable if the Designer is considering action against clients that may have breached his rights

    Requirements for an Invoice

    • The law requires that limited companies, sole traders or VAT registered individuals/companies state some information on the invoices that are submitted to customers
      • For Limited Companies
        • Limited companies must show the following information
        • Full company name as shown on the certificate of incorporation
        • Business name
        • Address where documents may be delivered
      • For Sole Traders
        • Business name if the trader is not using his own name
        • Address
      • VAT
        • A unique invoice number
        • Customers name and address
        • VAT registration number
        • 0Date of supply to the customer
        • Description of the good and services provided
        • Quantity and unit price
        • Name and address of the business
        • VAT rate applicable to each good and service
        • Amount owed without VAT added

    Confidential Information

    • For the purpose of this Agreement, confidential information refers to any and all data, information, documents, software or materials that pertain to the business and operation of LogoTrader, its members, affiliates, licensors or licensees. It includes information on the business operation, processes, products, designs, pricing, promotions, business plans, business opportunities, alliances, Content, graphics, documentation, finances, research, development, know-how, trade-secrets, training materials, personnel, identities or personal information of any kind pertaining to members, clients, methodologies, Site content belonging to others and other intellectual property
    • The Designer agrees not to divulge such information to third parties during or after the expiry of this Agreement

    Representations and Warranties

    • The designer hereby states that
      • He is legally entitled or authorized to enter into this Agreement
      • He owns all uploaded Exclusive Content and/or possesses the right to grant license rights stipulated in this Agreement
      • He has not granted rights that would conflict with this agreement to third parties regarding uploaded content at the site
      • Uploaded content does not contain any feature that may prevent purchasers from using, copying or otherwise enjoying it
      • Uploaded content is free from any malware such as viruses, worms or any other device that may damage the site, the content, or any computer system
      • The content contains all Descriptive information to facilitate it marketing on the site and that the Descriptive information is correct and complete is every way
      • The content does not infringe on the copyright, trademark, right of privacy or right of publicity of any third party
      • The content is not offensive to any group of people
    • The designer further represents and warrants that
      • He shall not license his own exclusive content save in exceptional circumstances for creative purposes only
      • He shall not license the content to a few contributors only
      • He shall not enter into an illegitimate agreement with another member to effect (i) and (ii) above

Term and Termination

  • This Agreement shall be in force until terminated. The designer may terminate this Agreement owing to Still Content at any time by providing 30 days of written notice. The method of providing notice should be help@LogoTrader.com or any such method of written notice which will give clear indication of your identity and state the will to terminate. The Designer undertakes to inform LogoTrader of the categories of Exclusive content to which the termination applies
  • LogoTrader may also put an end to this agreement for Still Content or any reason by giving the Designer 30 days notice via email, as recorded on the membership information. Should the Designers membership be terminated as a consequence of the terms of the Membership Agreement, this would be the notice of termination for this present agreement
    • L;iquidated all of its assets, dissolved its corporation or stops doing business
    • Makes an assignment for the benefit of creditors
    • Becomes bankrupt
    • Appointed a receiver manager who has begun procedures for filing bankruptcy, dissolution or liquidation
    • Becomes insolvent
    • Been found to be in breach of this agreement
  • LogoTrader may opt to terminate this agreement and claim the credits contained in the Designers account for its administrative costs if it has noted
  • L;iquidated all of its assets, dissolved its corporation or stops doing business
  • Makes an assignment for the benefit of creditors

Effect of Termination

  • Once the Agreement terminated for Still Content, all rights granted to LogoTrader will cease to exist and LogoTrader shall remove the Exclusive Content from the site with immediate effect
  • LogoTrader will retain all the credits of the Designer unless the Designer applies for a new account within 90 days
  • The termination of this Agreement shall in no way affect LogoTraders rights, defenses and limitations of liability stated in this Agreement, the Membership Agreement or the Terms of Use of the Site. The terms provided under Managing Exclusive Content, Confidential Information, Representations and Warranties, Indemnity, Disclaimer of Warranties and all limitations of liability shall remain in force even after the end of the Agreement

Disclaimer of Warranties

  • THIS SITE AND ALL OF ITS CONTENTS ARE PROVIDED BY LOGOTRADER AS IS AND IS NOT SUBJECT TO ANY REPRESENTATION, WARRANTY OR CONDITION. LOGOTRADER DOES NOT CLAIM THAT THE SITE AND ITS CONTENTS WILL BE AVAILABLE CONTINUOUSLY FOR SALE OR LICENSE OR THAT THE SERVICE WILL BE ERROR-FREE
  • LOGOTRADER DOES NOT GUARANTEE THAT THE CONTENTS DOWNLOADED FROM THE SITE IS FREE FROM VIRUSES OR ANY OTHER TYPE OF MALWARE

Limitation of Liability

  • THE DESIGNER BEARS THE SOLE RESPONSIBILITY AND RISK FOR THE USE OF THE SITE AND THE CONTENTS AND INFORMATION HELD THEREIN
  • IN NO CASE SHALL LOGOTRADERS OR ITS REPRESENTATIVES AND AGENTS BE RESPONSIBLE FOR ANY CLAIMS FOR DAMAGE FOR LOSSES, LOSS OF BUSINESS INFORMATION, INTERRUPTION OR ANY FORM OF FINANCIAL LOSS AS A RESULT OF RELIANCE ON THE SERVICES OFFERED BY THE SITE, EVEN IF LOGOTRADER HAS BEEN ADVISED ON THE POSSIBILITY OF SUCH DAMAGES. THIS STANDS GOOD FOR ACTION BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE
  • IN ANY CASE, THE MAXIMUM AGGREGATE LIABILITY INCURRED BY LOGOTRADER SHALL NOT EXCEED THE FEES COLLECTED BY LOGOTRADER FOR THE EXCLUSIVE CONTENT, WITH A MAXIMUM BEING SET AT $1000 UNITED STATES DOLLARS
  • THE LIMITATION OR EXCLUSION CLAUSES DEFINED ABOVE MAY BE PROSCRIBED IN CERTAIN COUNTRIES AND MAY THEREFORE NOT BE APPLICABLE IN SOME CASES. IN SUCH CASES, THE LIABILITY OF LOGOTRADER, ITS REPRESENTATIVES AND AGENTS, SHALL BE TO THE GREATEST EXTENT ALLOWED BY LAW

Applicable Law

  • The Site is operated by LogoTrader in Belgium. It can however be accessed from people all over the world. Each country has its own set of laws which may be different from those in force in Belgium. The Designer agrees to submit himself to the laws of Belgium and be bound by the decisions of the Courts of Belgium with respect to the contents of this Agreement
  • The Designer agrees to compensate LogoTrader for the cost of any required notice sent by registered mail or overnight courier with proof of delivery notice
  • The Designer agrees to relinquish any right with regards to:
  • All disputes with regards to this agreement will be submitted for arbitration in Belgium
  • Should LogoTrader undertake legal action or arbitration measures against the Designer, he undertakes to compensate LogoTrader for all the legal costs incurred if LogoTrader has been found to be justified

General

  • The Designer acknowledges that he has studied the terms of the Membership Agreement and the Terms of use of the website as well and agrees to be bound by them
  • Should LogoTrdaer fail to enforce any provision of this Agreement, this shall not be viewed as a relinquishment of the rights provided to it under this Agreement
  • The terms of this Agreement applies to the Designer, his heirs, executors and legal representatives. The Designer may not transfer his obligations under this Agreement to a third party without the express written consent of LogoTrader. LogoTrader may transfer his obligations to a third party insofar as the third party agrees to be bound by the terms of this Agreement
  • If the terms of this Agreement cannot be enforced either in part or in whole, and the parties fail to reach an agreement, a court of competent jurisdiction shall give its ruling on the parts of the Agreement that cannot be enforced
  • This agreement is subject to change through written consent of the parties involved or through posting of amendments on the site by LogoTrader. If the Designer continues to provide content or fails to terminate the Agreement within thirty days of posting such an amendment, it shall be construed that he is agreeable to the new terms

Contact

  • For any further information on this agreement, please contact LogoTrader at help@LogoTrader.com or phone on (403) 265-3062

Acknowledgment

  • You acknowledge that you have read this Agreement, and understood it. You concur that you have the possibility to seek independent legal advice prior to agreeing to it
  • You agree to be bound by the terms and conditions stated in this agreement in exchange for LogoTraders services including the means for selling or licensing the content you provide
  • You further acknowledge that this agreement replaces any other agreement, proposal, or communication between you and LogoTrader relating to the subject of this Agreement