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NINETEENTH AMENDMENT DESIGNER SUBMISSION AGREEMENT

PLEASE CAREFULLY READ THIS AGREEMENT BEFORE UPLOADING ANY SUBMISSIONS TO THE NINETEENTH AMENDMENT WEBSITE (THE “PLATFORM”).

THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN 19TH AMENDMENT CO., A DELAWARE CORPORATION, WITH OFFICES AT 335 MADISON AVENUE STREET NEW YORK, NY 10017 USA (“NINETEENTH”) AND THE PERSON OR ENTITY AGREEING TO THE LICENSE AGREEMENT (“DESIGNER” OR “YOU”). THIS AGREEMENT IS EFFECTIVE AS OF THE DATE YOU CLICK THE “ACCEPT” BUTTON BELOW (OR ANY SIMILAR BUTTON OR LINK AS MAY BE DESIGNATED BY LICENSOR TO SHOW YOUR ACCEPTANCE OF THIS LICENSE AGREEMENT). IF YOU ARE ACCEPTING ON BEHALF OF YOUR EMPLOYER OR ANOTHER ENTITY, YOU REPRESENT AND WARRANT THAT: (I) YOU HAVE FULL LEGAL AUTHORITY TO BIND YOUR EMPLOYER, OR THE APPLICABLE ENTITY, TO THE AGREEMENT; (II) YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; AND (III) YOU AGREE, ON BEHALF OF THE PARTY THAT YOU REPRESENT, TO THIS AGREEMENT. ACCEPTANCE OF THIS AGREEMENT IS REQUIRED AS A CONDITION TO PROCEEDING WITH THE PROVISION OF SUBMISSIONS TO THE PLATFORM. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT OR IF YOU DO NOT HAVE THE LEGAL AUTHORITY TO BIND YOUR EMPLOYER OR THE APPLICABLE ENTITY, CLICK THE “DO NOT ACCEPT” BUTTON BELOW AND DO NOT UPLOAD OR PROVIDE ANY SUBMISSIONS TO THE PLATFORM.

For good and valuable consideration, receipt of which is hereby acknowledged, Nineteenth and Designer, intending to be legally bound hereby, agree to the following:

  1. “Design Submission” means any and all sample patterns, prototypes, mock-ups, pictures, samples, written description of design themes, technical drawings, artistic drawings, photographs, source of fabrication and technical specifications by Designer to Nineteenth. Nineteenth is not liable for any digital assets or physical products submitted to Nineteenth. As between Nineteenth and Designer, all rights, title and ownership of each Submission is and remains with Designer. Nineteenth may, at its sole discretion, reject a Submission if one or more of these are not provided or if one or more of these are not deemed adequate in accordance to Nineteenth’s guidelines.
  2. Nineteenth services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Nineteenth Amendment may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use Nineteenth Amendment's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
  3. You will need to set up an account in order to use the posting features of the Platform. You may not use a third party’s account without permission. When you are setting up your account, you must give us accurate and complete information. This means that you cannot set up an account using a name or contact information that does not apply to you, and you must provide accurate and current information on all registration forms that are part of the Platform. You have complete responsibility for your account and everything that happens on your account. If you find out that someone is using your account without your permission, you must let us know immediately. You may not transfer your account to someone else. We are not liable for any damages or losses caused by someone using your account with or without your permission. However, if we (or anyone else) suffer any damage due to the unauthorized use of your account, you may be liable. We may terminate your account at any time for any reason.
  4. Designer is solely responsible for any activity on your account. If designer shares account with other people, then the person whose billing information is on the account is ultimately responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Accounts are not transferable.
  5. Designer is solely responsible for providing proper care, content, and labeling tags for all garments sold on the platform. Designer is responsible for providing these tags to their manufacturing partner.
  6. Designer must work with a U.S. based manufacturing partner for all orders. U.S. based manufacturer must be approved and vetted by Nineteenth Amendment.
  7. Designer is solely responsible for paying maufacturing partners for all work commissioned to manufacturer partner through the NIneteenth platform. The relationship between designer and manufacturer is independent of Nineteenth. Designer must pay manufacturing partners upon receipt of invoice from manufacturing partner.
  8. Nineteenth may charge fees for using Virtual Showrooms, as well as a transaction fee for user purchases or wholesale orders on the platform. When you list an Item you have an opportunity to review and accept the fees that you will be charged as a commission for selling that Item. Nineteenth’s Fees and Billing Policy, which is subject to change, is incorporated into this Agreement by reference. Designers will be given prior written notice of these changes where applicable. Changes to the Fees Policy and the fees for Nineteenth's services are effective immediately after Nineteenth Amendment posts changes on the Site. However, Nineteenth may choose to temporarily change the Fees Policy and the fees for Nineteenth’s services for promotional events, and such changes are effective when Nineteenth posts the temporary promotional event on the Platform. Nineteenth may, at its sole discretion, change some or all of its services at any time. In the event Nineteenth introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
  9. You are responsible for paying all fees and applicable taxes associated with your proceeds from using the Platform. We provide plans for automatic bill payment as outlined in the Fees and Billing Policy. Nineteenth Amendment will automatically withdraw the amount due for the current month’s fees and charges. The Designer must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due and is subject to cancellation If a designer requests to put an account on hold this is considered a cancellation. To reactivate a cancelled account Designer must pay a $50 reactivation fee to Nineteenth. Collections launched on Nineteenth Amendment and or Designer studios will be taken down at the sole discretion of Nineteenth Amendment if past due.
  10. Designer represents and warrants that Designer is the sole and original designer and creator of each Design Submission and that Designer has not and shall not incorporate into any Design Submission any material from any other person for which the Designer does not have the necessary rights to do so. Designer represents that he or she is legally able and entitled under the laws of Designer’s jurisdiction to enter into this Agreement and to grant Nineteenth the rights described in this Agreement.
  11. You are an independent contractor and you will be solely responsible for any and all unemployment or disability insurance payments, or any social security, income tax or other withholdings, deductions or payments which may be required by federal, state or local law with respect to any sums paid to you hereunder. You will not be entitled to any Nineteenth employee benefits of any nature.
  12. You grant Nineteenth the right to use your name, trademarks, likeness and biography solely for advertising and promotion related to the sale of Items or in any derivative work thereof. Nineteenth will use commercially reasonable efforts to comply with any reasonable trademark usage or branding guidelines provided by the Designer.
  13. Except as otherwise indicated, this Platform and its entire contents (including, but not limited to, the text, photographs, information, software, graphics, images, sound, and animation) are owned by Nineteenth and are protected by domestic and international copyright, trademark, and other intellectual property laws. All copyrightable text and graphics, the selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of this Platform are ©2016 Nineteenth Amendment, All rights reserved. The name “Nineteenth Amendment,” and the other Nineteenth Amendment marks, phrases, logos and designs that we use in connection with our services are trademarks. We hereby give you permission to print materials from this Website for the sole purposes of viewing, reading, and retaining for reference the materials for non-commercial use. Any other copying, distribution, retransmission, or modification of information or materials on this Website, whether in electronic or other form, without our express prior written permission is strictly prohibited. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the material on this Platform. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable laws.
  14. Nineteenth shall have the right to assign this Agreement, or any rights and obligations hereunder, and all covenants and agreements hereunder shall inure to the benefit of and be enforceable by any assignee of this Agreement. Designer may not assign this Agreement or any rights or obligations hereunder without Nineteenth’s prior written consent.
  15. Designer hereby agrees to indemnify and save and hold harmless Nineteenth from and against any loss, liability, damage or cost it may incur, now and forever, arising out of or related to any services or information provided by Nineteenth.
  16. To the fullest extent permitted by law, neither Nineteenth Amendment, nor our employees or directors shall be liable to you for any lost profits or revenues, or for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with the Services or these Terms. In no event shall Nineteenth Amendment’s aggregate liability for any damages exceed the greater of one hundred ($100) US Dollars or the amount you paid Nineteenth Amendment in the past twelve months. Some jurisdictions do not allow limitations on incidental or consequential damages, so the above limitations may not apply to you.
  17. You release Nineteenth Amendment from any claims, demands and damages arising out of disputes with other users or parties.
  18. This Agreement and all aspects of the relationship between the parties hereto shall be construed and enforced in accordance with and governed by the internal laws of the State of New York and the United States of America, without regard to its conflict of laws provisions. The parties hereby agree to submit to the jurisdiction of the federal and state courts of New York for the resolution of any disputes regarding the subject matter of this Agreement.
  19. Arbitration. You and Nineteenth Amendment agree that any dispute or claim arising from or relating to the Terms shall be finally settled by arbitration, using the English language, administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules then in effect (those rules are deemed to be incorporated by reference into this section). Our arbitration will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under the Terms will take place on an individual basis: class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Nineteenth Amendment are each waiving the right to trial by jury or to participate in a class action. Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator.
  20. This Agreement will remain in force until terminated by either party, subject to Nineteenth’s right to sell off or otherwise dispose of any Items in inventory at the time of termination and Designer’s right to receive payment for Items sold.
  21. From initial signing of this agreement, Designer shall not, directly or indirectly, without the prior written consent of Nineteenth engage in any talks with, or business with, any vendor, retailer, or third party that Nineteenth is engaged with outside of Nineteenth-related work in perpetuity.
  22. Designer is solely responsible for the making and manufacturing of all products sold through Designer’s account on Nineteenth. If designer chooses to manufacture using the Nineteenth platform the designer must use the platform for all manufacturing communication and transactions.
  23. Designer is responsible for shipping products sold through their account within 4 weeks of receiving payment from customer. Designer or designer representative must input shipping provider and tracking number for each shipment at the time of shipment. If designer does not produce and fulfill within 4 weeks of receiving payment designer’s access to the Nineteenth platform may be revoked.
  24. Designer is responsible for all returns of product designer sells within 2 week of shipping said product to a customer. Designer must process returns through the platform. Designer must reimburse consumer within 48 hours of physically receiving a returned item. Designer may choose to not accept a return if product is damaged or shows signs of being worn, in which case product must be shipped back to the consumer. Designer must reimburse consumer for all products returned to and accepted as a returned item by the designer Reimbursement for returned items must be processed within 48 hours of an item’s return. Return reimbursement is facilitated through the Nineteenth Amendment platform.
  25. We reserve the right, in our sole discretion, to seek reimbursement from a designers in any of the following circumstances: (a) we provide a refund to a buyer because a designer did not promptly deliver the product(s), (b) we discover erroneous or duplicate transactions related to a designer, (c) we receive a chargeback from a designer's credit card issuer or reversal of payment for the amount of a buyer's purchase from a designer, or (d) a designer does not act in accordance with Nineteenth Amendment’s Terms of Use or any policy thereunder.
  26. During the term of this Agreement, Nineteenth hereby grants to Designer a nonexclusive, royalty-free, limited license to use and display Nineteenth trademarks solely for the purpose of advertising and promoting Nineteenth’s sale of Items on the Platform in compliance with the terms and conditions of this Agreement. Designer acknowledges Nineteenth’s exclusive ownership of the Nineteenth trademarks and that use of any of the Nineteenth trademarks by Designer, including any resulting goodwill, shall inure to the sole benefit of Nineteenth. Designer shall not do or suffer to be done any act or thing inconsistent with such ownership and shall not acquire or claim or assist third parties in acquiring or claiming any title in or to any of the Nineteenth trademarks, including by virtue of this Agreement or through Designer’s use of the Nineteenth trademarks. In addition, Designer hereby covenants that it shall not directly or indirectly undertake any action that in any manner might question, contest, challenge, infringe or impair the validity, enforceability, scope of rights or title of Nineteenth in any of the Nineteenth trademarks at any time during the term of this Agreement and thereafter. Designer shall use the Nineteenth trademarks only in a manner and form approved by Nineteenth.
  27. Internal Revenue Service regulations require that we file a Form 1099-K to report unadjusted annual gross sales information for designers located in the United States that meet both of the following thresholds in a calendar year (reporting): A. More than $20,000 USD in gross sales, and B. More than 200 transactions.To comply with these regulations, designers who approach 150 (one hundred and fifty) transactions in a calendar year, regardless of sales volume and aggregated across his or her Shops, will be required to provide taxpayer-identification information to Nineteenth Amendment.
  28. If you use outside manufacturing to help produce any of the items you sell on Nineteenth Amendment’s platform, you must be approved by Nineteenth Amendment. We ask you to share information on your use of outside manufacturing because transparency is important to us and our community. Failure to comply may result in the suspension of Designer’s account. If you enter into an agreement or a transaction with a manufacturer found through Nineteenth Amendment, you are contracting directly with that person or independent business. Nineteenth Amendment isn’t part of that agreement or transaction, and we’re not responsible for any losses you may suffer in connection with it.

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