COPY CORP GLOBAL
DIGITAL MERCHANDISE AGREEMENT
PART 1 – MERCHANDISE
The creator allows the business to create ‘merchandise’ on behalf of the creator, using the creator’s media and
materials (whether provided directly or sourced from the available media disseminated by the creator), and to
offer this merchandise for sale through media as chosen by the business. Materials, manufacturing, warehousing,
and distribution will be selected by the business on behalf of the creator.
PART 2- EXCLUSIVITY
Under this agreement, there is no presumed or actual rights to exclusivity over the creator’s services or activities.
No restrictions or caveats are placed on the activities of the creator through this agreement.
PART 3 – LENGTH OF TERM
Under this agreement, there is no minimum term applied to the creator. The creator or Copy Corp Global may
terminate this agreement at any time through writing or email to the respective party. Termination of this
agreement does not absolve either party of any outstanding financial requirements to the other party. It may take upwards of 72 business hours (Monday to Friday, 8am - 6pm AEST) to finalise the cancellation and remove the products from the store; orders may still be accepted during this period.
PART 4 – RIGHTS TO USE
a) By entering into this agreement, the creator authorizes Copy Corp Global, without restriction, to
obtain and redistribute any media created or distributed by the creator prior to entering this agreement
and during the term of this agreement. This does not apply to materials owned by a third party, and
that the creator does not otherwise own the rights to use.
b) By entering into this agreement, the creator agrees to allow Copy Corp Global to redistribute media
c) By entering into this agreement, the creator agrees to allow Copy Corp Global to redistribute media
through any medium or platform as chosen by Copy Corp Global without notice
PART 5 – FORCE MAJEUR
Neither Party shall be liable for any failure to perform under this agreement when such failure is due to causes
beyond that Party’s reasonable control, including, but not limited to, acts of state or governmental authorities,
acts of terrorism, natural catastrophe, fire, storm, flood, earthquakes, accident, and prolonged shortage of
energy. In the event of such delay the date of delivery or time for completion will be extended by a period of
time reasonably necessary by both Copy Corp Global and if the delay remains in effect for a period in excess of
thirty days, the creator may terminate this agreement immediately upon written notice to Copy Corp Global.
PART 7 – GOVERNING LAW
The Parties shall make a good-faith effort to amicably settle by mutual agreement any dispute that may arise between them under this Contract. The foregoing requirement will not preclude either Party from seeking injunctive relief as it deems necessary to protect its own interests. This Contract will be construed and enforced in accordance with the laws of Australia, excluding its choice of law rules.
PART 8 – LIMITATION OF LIABILITY
a) Except as set forth in this section below, in no event will either party be liable for any special, indirect,
incidental, or consequential damages nor for loss of data, profits or revenue, cost of capital or downtime
costs, nor for any exemplary or punitive damages, arising from any claim or action, incidental or
collateral to, or directly or indirectly related to or in any way connected with, the subject matter of the
agreement, whether such damages are based on contract, tort, statute, implied duties or obligations, or
other legal theory, even if advised of the possibility of such damages.
b) Notwithstanding the foregoing, any purported limitation or waiver of liability shall not apply to
creator’s obligation under the indemnification or confidential information sections of this agreement or
either party’s liability to the other for personal injury, death or physical damage to property claims.
PART 10 – ACCEPTANCE
Both parties reserve the rights to reject any order or business requests upon receiving them. Once accepted, a
separate agreement is entered into and rejection or cancelation thereafter will be subject to that agreement.
SECTION 11 – CREATOR PROFIT SHARE
Under this agreement, the creator shall be entitled to a share of the profit of sales equal to 80%, with 20%
being retained by the business. In the event that the financial figure requires rounding, the figure will be
rounded in accordance with standard practices. Payments to the creator shall be made through PayPal, to the
creator’s chosen PayPal account from the business’ chosen PayPal account, unless otherwise agreed. Payments
shall be paid at the end of each month, within 72 hours; excluding weekends and public holidays. Profits are the residual of a transaction once cost of goods, labor, taxes, and miscellaneous costs involved with production are subtracted from the transaction value.