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| AGREEMENT ON PUBLISHING 3D MODELS |
This Agreement on Publishing of 3d Models is a legal agreement between you (called "3d Model Vendor", hereinafter) and 3d02 (called "3d02", hereinafter) regarding the publishing of 3d Models. Both parties agree to be bound by the terms and conditions as follows:
OBLIGATIONS OF 3d MODEL VENDOR
3d Model Vendor shall use its best endeavors to ensure that the submitted 3d Models:
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Shall not contain any contaminating or destructive properties. |
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Will not corrupt or otherwise destroy any data or software contained on 3d02's server. |
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Will not in any way disrupt or interfere with any services provided by 3d02 to its users. |
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Shall not contain any advertising, marketing or promotional materials or information with the submitted 3d models. |
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Shall not contain anything that is misleading, deceiving, obscene, indecent, vulgar, offensive or defamatory against any person, illegal, unlawful or in breach of any applicable law, regulation, directive, statement or code. |
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When used by 3d02 or any user in accordance with this agreement, would not result in such use amounting to any infringement of intellectual property rights or rights of any third party or giving rise to any claim by any person. |
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Comply with all applicable laws and regulations, directives, statements and codes of practice when performing its obligations under this agreement. |
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SUPPORT OF SERVICE AND PRODUCT
Each 3d Model Vendor is obliged to provide support of service and product of their own 3d Model should problems or questions arise. Your customers should be able to contact you for support by mean of sending messages to you. As a 3d02 3d Model Vendor, we will provide you with a quick and easy way to communicate to your customers by using the 3d02 internal message service. Nevertheless, 3d Model Vendor may choose to contact the buyer via phone or email. Other than the communications between the users and 3d Model Vendor on issues relevant to the purchased product, no user details should be misused for any purpose. |
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GRANT OF LICENSE
The worldwide license of the 3d Model shall be granted by 3d Model Vendor to 3d02 for publishing, marketing, distributing, and selling activities. Also, in its sole discretion and under this agreement, 3d02 reserves all rights to license any or all 3d Models under 3d02's license or end-user agreement. |
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ROYALTY
A royalty that equal to fifty-five percent (55%) of the total valid sales of the 3d Models sold by 3d02 will be provided for the 3d Model Vendor. Furthermore, whenever there is a proof of any returned sales, 3d Model Vendor shall make no appeals whatsoever. |
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ROYALTY PAYMENTS
3d02 shall make the monthly royalty payments of the total valid sales of a certain month to 3d Model Vendor between the 15th and the 20th day of the following month. The payments will be made to 3d Model Vendor via Bank Wire with the minimum amount of US$ 100. In the event that the royalty is less than the said amount, it will be accumulated until it reaches the required minimum sum. The payments shall be made in United States dollars. Applicable bank / service fees or any other expenses incurred from the transfer shall be charged on the 3d Model Vendor's account. Eligible royalty payment will be bank wired to 3d Model Vendor by the 15th to 20th of each month. |
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DISPLAY OF MODELS
3d02 shall be entitled to display the 3d Models in any media include but not limited to banners, images, animations with the purpose of increasing sales figure on 3d02. The promotional materials may be posted on 3d02.com or any other third party's media. |
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SELLING TECHNIQUES
3d02 may adjust its techniques of selling from time to time with intentions of increasing sales figure i.e. allowance of discount etc. However, such techniques, when applied, will not affect 3d Model Vendor's royalty. 3d Model Vendor shall hereby authorize 3d02 to arrange the 3d Models for different ways of selling. |
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COPYRIGHTS OF 3d MODEL
Subjecting to the non-exclusive rights granted to 3d02 under this agreement, 3d Model Vendor shall retain ownership of the copyrights and all other rights in the 3d model. Similar rights can be freely granted to others by 3d Model Vendor during and after the term of this agreement.
3d Model Vendor guarantees that:
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3d Model Vendor is the sole and only owner of all Intellectual Property and the 3d Model or has a valid license from the owner thereof. |
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The rights of all Intellectual Property are valid and enforceable. |
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As permitted under this license, the using and exploiting of the licensed 3d model by 3d02 will not violate or infringe any intellectual property right of any other person or entity. |
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All reasonable expenses and costs (including attorney's fees) incurred by 3d02 in connection with any sustained litigation, claim, or arbitration concerning 3d Model Vendor's ownership of, or rights to, any 3d Model or intellectual property, or 3d02's rights granted hereunder, will be paid for by 3d Model Vendor. |
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INDEMNIFICATION
If any breach by either party of any expressed covenant or warranty set forth in this agreement is made, the breaching party shall give indemnification to the non-breaching party and its directors, officers, employees, representatives, and successors against, and hold them harmless from, any and all sustained claims, causes of action, losses, damages, judgments, settlements, liabilities, and reasonable costs and expenses incurred from any fact or circumstance constituting a breach by 3d Model Vendor during the term amounts owed by 3d Model Vendor to 3d02 under this indemnification or by virtue of any other material breach of this agreement by 3d Model Vendor. To qualify for this indemnification, any such breach are the subject of a specific finding of material breach by authorized arbitrators or a court of competent jurisdiction. However, payment shall not be deemed as a condition precedent to the enforcement of any rights of the non-breaching party. |
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TERMINATION
Either party may terminate this Agreement at any time upon written notice via email or regular mail.
Either party may terminate this Agreement in whole or in part immediately without further notice if the other party (the Defaulter) is in breach of any of the terms of this Agreement and, where the breach is capable of remedy, the other party has failed to remedy the breach within 14 days of the date of a written notice from the non-defaulting party specifying the breach and requiring its remedy. |
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DISCLAIMER
3d02 provides products and services related to this agreement "AS IS" WITHOUT WARRANTY OF ANY KIND. 3d02 provides no obligation and responsibility for any breach of copyrights, misuse between the registered users and the 3d Model Vendor. |
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GOVERNING LAW
The Agreement and any disputes shall in all respects be exclusively governed by and interpreted in accordance with the laws of Thailand. Any dispute in contract or at law arising out of or in connection with the Agreement that cannot be settled amicably shall be submitted to the competent court in Thailand. |
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AGREEMENT SUBJECT TO CHANGE
3d02 reserves the right to change the terms of this agreement with or without notice at any time. |
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