Concerning images commissioned by the Taomerle Publishing Association and described below:

Upon illustrations, artwork, and other visual for inclusion in Published works

1. Commission and Grant of Rights

The Illustrator acknowledges and agrees that the Artwork hereunder been specifically ordered and commissioned by the Company. The Illustrator hereby sells, assigns, and transfers, and the Company hereby purchases the sole and exclusive license to produce, publish, and/or sell in printed or digital format the Artwork for the legal term of copyright, and any and all extensions, renewals, and revivals thereof throughout the World. All original artwork will remain the property of the Illustrator. The Company agrees not to make any substantive changes to the Work without consulting the Illustrator.

2. Sale and Purchase of Artwork (Advance)

The Illustrator hereby sells, assigns, and transfers, and the Company hereby purchases the sole and exclusive license to produce, publish, sell, in any printed or digital Artwork payable as follows:

Per color illustrations: $50

Per BLack & white Illustration: $25

Royalties commence if/when picked up by a publisher (Section 3)

This advance fee is a non-refundable fee, even if the Work is not published by the Company. The Company shall have the right of refusal to purchase the physical artwork from the Illustrator.

3. Royalties

Royalties for the sale of books and other media would apply. Subject to the exceptions hereinafter mentioned and so long as copyright protection subsists in the Work, the Illustrator shall be entitled to the following royalties from the sale of the published Work, less returns:

  1. Hardcover and Paperback Editions: The Company shall pay the Illustrator, subject to the exceptions hereinafter mentioned, the following royalties from sales of the published work :
    • Ten percent (10%) of net profit price when sold;Export : With respect to copies of hardcover or softcover editions of the Work sold by the company for resale outside of North America, a royalty equal to five percent (5%) of the list price.
  2. Non-Book Trade Sales : On bulk sales of a special edition bearing the imprint of a third party for promotional purposes, or for sale outside the traditional book trade, a royalty of five percent (5%) of the net profit.
  3. Free Copies / Copies at or below Cost : No royalties shall be payable for copies given away for promotion, or for any copies sold at cost price or below.
  4. For editions printed in other languages, royalties will be the same as those applied to the English edition.
  5. All royalties will be paid in U.S. dollars. When the Company receives monies from sales made in currencies other than U.S. dollars, the royalties shall be paid in U.S. funds and the amount paid will be calculated at the conversion rate on the day the funds.

Commencing on the Company’s date of initial publication of the Work, the Company shall provide the Illustrator with annual statements of regular sales of the Work for each 12-month period ending December 31 of each year. Statements shall be mailed or emailed out no later than 30 days after the end of each 12-month period. A royalty cheque in the amount owed shall follow such statements no later than ninety -(90) days after the statement date. If the royalties due are less than $25.00, the Company may defer the payment of royalties until such statement indicates the sum of $25.00 or more to be due.

4. Copyright

The copyright for the Artwork shall belong to the Illustrator.

5. Credit

  1. The Illustrator’s name shall be printed on the front cover, title page and with biography and optional photograph on the back cover. The Company shall use their best endeavors to ensure that the Illustrator is given full acknowledgement in any edition of the Work sublicensed by the Author to a third party.
  2. The Illustrator shall ensure that any exhibition of the Artwork shall make full acknowledgement to the Work, to the Company.

6. Promotion

The Illustrator shall permit the Company free of charge to use the Artwork to promote the Work in catalogues, advertisements and other promotional material. The Illustrator has the right to use the Artwork for self-promotional purposes.

7. Failure to Deliver

If the Illustrator fails to make delivery of the Artwork, or if the Artwork delivered is not satisfactory to the Company, the Company may, at his/her option, at any time thereafter, without prejudice to his/her other rights and remedies, do one or more of the following:

  1. Terminate this Agreement by giving written notice, in which event the Companyagrees to pay the Illustrator a Cancellation fee (see Section 10);
  2. Request the Illustrator to work cooperatively with the Company to make the Artwork satisfactory to the Company within a period to be fixed by the Company, in which event the Illustrator shall use his/her best efforts to do so.

If the Illustrator fails to deliver the Artwork satisfactory to the Company in accordance with subparagraph (b), the Company may terminate this Agreement as provided in subparagraph (a).

8. Cancellation

Should the Company for any reason cancel publication they shall pay to the Illustrator a cancellation fee to be agreed and proportional to the degree of completion. The Company shall have no rights in any Artwork so cancelled.

9. Warranty

The Illustrator represents and warrants that:

  1. the Illustrator has full power to make this Agreement;
  2. the Illustrator is the sole creator of the Artwork and is the owner of the rights herein granted;
  3. the Artwork is original and has not been previously published;
  4. the Artwork does not contain any obscene, libelous or defamatory matter; and
  5. the Artwork is in no way a violation or an infringement of any existing copyright or license.

12. Competitive Works

The Illustrator shall not, without the written permission of the Author, publish or authorize the publication of any works based on material in commissioned by the Company, or of a nature such that it is likely to compete with the Work.

13. Publication

The Company shall publish the Work at such time, and in such manner, as may be determined by the Company. The Company shall revert all rights to the Artwork to the Illustrator if, for any reason in the Company’s sole discretion, the Work is not published.

14. Assignment

The Company may assign this Agreement with the prior written agreement of Illustrator to a successor by reason of merger, consolidation, or sale or exchange of assets or any other reorganization as the Company may determine. The Illustrator may assign any net sums due to the Illustrator under this Agreement, but may not assign or delegate the Illustrator’s duties or obligations under this Agreement.

15. Entire Agreement

This Agreement constitutes the entire Agreement between the Illustrator and the company concerning its subject matter and supersedes any and all prior agreements, arrangements or understandings (whether written or oral) relating hereto. No addition or modification of any provision of this Agreement shall be binding upon the parties unless it is in writing and signed on behalf of the Author and the Illustrator.

16. Applicable Law

This Agreement shall be governed by and interpreted in accordance with the laws of the Arizona.