SeatMerch Artist Licensing & Print-on-Demand Agreement
By submitting your application you (the "Artist") agree to the following terms with SeatMerch, LLC ("SeatMerch"). These terms govern SeatMerch's right to manufacture, fulfill, and sell merchandise on the Artist's behalf using artwork supplied or approved by the Artist.
1. Grant of License
Artist grants SeatMerch a non-exclusive, worldwide, royalty-bearing license to reproduce, manufacture, print, fulfill, ship, market, and sell merchandise bearing the Artist's name, logo, likeness, and uploaded or approved artwork ("Artist IP") solely through the SeatMerch platform and its print-on-demand vendors. The license is effective on acceptance and continues until terminated under Section 9.
2. Ownership & Rights
Artist retains all ownership of Artist IP. Artist represents and warrants that (a) Artist owns or has all necessary rights to the Artist IP, (b) the Artist IP does not infringe on any third party's intellectual property, publicity, or privacy rights, and (c) Artist has authority to enter into this agreement on behalf of the artist/entity. Artist will indemnify and hold SeatMerch harmless from any third-party claim arising from Artist IP or this representation.
3. Revenue Share & Hard Costs
For each item sold through the SeatMerch platform attributable to the Artist, SeatMerch first retains a platform royalty equal to 20% of Gross Sales as its fee for operating the platform, marketing, and customer support. "Gross Sales" means the customer-paid price of the merchandise itself, excluding shipping charged to the customer, taxes, refunds, and chargebacks. From the remaining 80% of Gross Sales, SeatMerch then deducts documented hard costs — including print-on-demand production, blank goods, fulfillment and shipping charges from SeatMerch's vendors, and payment processing fees. Whatever remains after the SeatMerch royalty and hard costs belongs to the Artist.
4. Payments
Artist earnings accrue at order capture (net of hard costs and the SeatMerch platform royalty) and are paid out monthly for the prior calendar month, provided the Artist's accumulated balance is at least USD $25. Payments are made via the payout method on file (ACH, PayPal, or check). Artist is responsible for keeping payout details current and for all taxes on income received. SeatMerch will issue 1099s where required by U.S. law.
5. Production, Quality & Returns
SeatMerch and its print-on-demand vendors handle production, quality control, packing, shipping, customer service, and returns. SeatMerch may modify base products, blanks, suppliers, and pricing at any time. Customer-issued refunds and chargebacks reduce the corresponding royalty.
6. Approvals & Content Standards
Artist-submitted designs are subject to a SeatMerch review for legal, technical, and content standards. SeatMerch may reject or require changes to any design or product, including content that is unlawful, defamatory, hateful, sexually explicit, or that infringes a third party's rights. Approval of one design does not guarantee approval of future designs.
7. Marketing & Promotion
Artist grants SeatMerch the right to use the Artist's name, logo, photos, and product mockups to market the Artist's storefront and SeatMerch generally (e.g. site listings, search results, social posts, email campaigns to opted-in fans, and case studies). Artist may opt out of general SeatMerch promotional use upon written request.
8. Data & Fan Information
Customer order data is owned by SeatMerch as the merchant of record. Fans who explicitly opt in to the Artist's mailing list at checkout or on the Artist's storefront are shared with the Artist for the Artist's direct marketing use, subject to applicable privacy law (CAN-SPAM, GDPR, CCPA, etc.). Artist agrees to honor unsubscribe requests promptly.
9. Term & Termination
Either party may terminate this agreement on 30 days' written notice. SeatMerch may continue to fulfill orders placed before termination and during a 30-day sell-off period. Sections 2 (representations & indemnity), 4 (payments accrued), 8 (data), 10 (liability), and 11 (general) survive termination.
10. Disclaimers & Limitation of Liability
The SeatMerch platform is provided "as is." To the maximum extent permitted by law, SeatMerch's aggregate liability arising out of or related to this agreement will not exceed the total royalties paid to the Artist in the 12 months preceding the claim. Neither party is liable for indirect, incidental, consequential, or punitive damages.
11. General
This agreement is governed by the laws of the State of Tennessee, without regard to conflict-of-laws principles. Disputes will be resolved in the state or federal courts located in Davidson County, Tennessee. This agreement may be updated by SeatMerch on 30 days' notice; continued use after the effective date constitutes acceptance. If any provision is unenforceable, the remainder remains in effect. Nothing in this agreement creates an employment, partnership, or joint-venture relationship.