Creator Agreement

1. Overview

This Creator Agreement ("Agreement") governs the relationship between creators ("Creator" / "You") who upload designs and sell merchandise through the MerchNique platform, and MerchNique Technologies Pvt. Ltd. / MerchNique Inc. ("MerchNique" / "We").

By creating a Creator Profile and uploading designs to MerchNique, you agree to this Agreement.

2. Creator Eligibility

• You must be at least 18 years old (or the age of majority in your jurisdiction).
• You must have a valid MerchNique account with a verified email and phone number.
• You must complete the Creator Profile with accurate information.
• MerchNique reserves the right to approve, reject, or revoke Creator status at any time.

3. Design Ownership & License

• Ownership: You retain full ownership of your original designs.
• License Grant: By uploading a design, you grant MerchNique a non-exclusive, worldwide, royalty-bearing license to reproduce, display, and sell merchandise featuring your design through the platform.
• No Transfer: This license does not transfer ownership. You may use your designs elsewhere.
• Revocation: You may revoke the license by deleting a design from the platform. Existing orders with the design will still be fulfilled.

4. Intellectual Property Warranties

• You warrant that each design you upload is your original work or you have the necessary rights/licenses to use it commercially.
• You warrant that your designs do not infringe any third-party copyrights, trademarks, patents, or other IP rights.
• You agree not to upload content that is defamatory, obscene, hateful, or otherwise objectionable.
• MerchNique may conduct automated or manual design moderation and remove content that violates these terms.

5. Revenue & Royalties

• Royalty Rate: Creators earn a 10% royalty on the selling price of each product sold featuring their design.
• Price Breakdown (India, ₹699 T-shirt example):
  • Base Cost (production + materials): ~₹250
  • Creator Royalty (10%): ₹69.90
  • Shipping: ₹50-80
  • GST (5-12%): ₹35-84
  • Payment Gateway (2%): ₹13.98
  • Platform Margin: Remaining amount
• Royalties are calculated after applicable taxes and payment processing fees.

6. Payouts

• India Creators: Monthly payouts via NEFT/UPI to registered bank account. Minimum threshold: ₹200. TDS deducted as per IT Act.
• US Creators: Monthly payouts via PayPal or ACH. Minimum threshold: $25. 1099-K issued for IRS reporting.
• Payouts are processed by the 10th of each month for the previous month's sales.
• Returns/refunds that occur after payout will be adjusted in the next cycle.

7. Content Guidelines

Designs must not contain:

• Copyrighted characters, logos, or brand names without authorization
• Hate speech, discriminatory content, or calls to violence
• Explicit sexual content or pornography
• Personally identifiable information of others without consent
• Political propaganda or election-related content (in regulated jurisdictions)
• Content promoting illegal activities

8. Indemnification

You agree to indemnify and hold harmless MerchNique from any claims arising from your designs, including intellectual property infringement claims, defamation claims, or any third-party claims related to your uploaded content.

9. Termination

• You may terminate your Creator status at any time by deactivating your Creator Profile.
• MerchNique may terminate Creator access for violation of these terms, IP infringement, or inactivity exceeding 12 months.
• Pending royalties will be paid out within 30 days of termination.

10. Dispute Resolution

Disputes shall be resolved in accordance with the General Terms of Service dispute resolution provisions applicable to your region (India: arbitration in Bengaluru; USA: arbitration in Delaware).