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Pattern Marketplace Terms & Conditions

KnitCrate Designer Marketplace Program - Terms and Conditions

This document defines and describes the relationship between KNITCRATE and you (“the Designer”).   Please must read through and click “I Agree to the Terms and Conditions” if you wish to upload patterns through the KNITCRATE Marketplace.

Introduction

Welcome to the KNITCRATE Designer Marketplace Program! Through the Marketplace Program, designers can take advantage of our active knitting and crocheting community and sell their patterns right on the KNITCRATE website via the Marketplace Portal, retaining full rights to his or her designs, and making 100% commission on their pattern sales! There is no exclusivity agreement, so the Designer can still sell his or her pattern on their own website, Ravelry, or another publication.  The Marketplace Program is designed to be an additional outlet for pattern sales.

Once you register and create an account, you can upload any pattern you have designed using any yarn and sell it to our community on the KNITCRATE website! This includes any patterns previously submitted to other publications/websites, provided there is no exclusivity agreement with the publisher and you are the sole owner of the design. 

Pattern Submission Requirements

  1. Designers are responsible for having each pattern tech edited and tested prior to final submission to KNITCRATE. 
  2. Photography needs to be high resolution (300 dpi) in .jpg format and no larger than 480x480 pixels. If it is beyond the means of the designer to do photography, we may be interested in working out an arrangement to piggyback on our in-house photography and a royalty on sales until costs are recouped.
    1. Modeled photographs are preferred to flat photos
    2. Modeled photographs are preferred to items on dress forms, mannequins (including heads), or dummies.
  3. You are the sole owner of the design and your submitted design is not under any form of exclusivity agreement.
    1. Please include copyright notice on the front page of the pattern (ex.: Copyright 2017, Designer's Name, All Rights Reserved")
  4. Pattern Support: Customer service for patterns in the Marketplace Program will be provided by the Designer, not by KnitCrate. KnitCrate needs a valid email address listed on the pattern, and the Designer must check his or her email regularly and respond to customer questions and concerns. The KnitCrate customer service department will direct all questions about the pattern directly to the Designer.
    1. Please include an email address for pattern support on the front page of the pattern (ex. For pattern support, please contact: designer@email.com)
  5. All charts must be computer generated and properly formatted

Designer Compensation

After you submit a pattern in the KnitCrate Marketplace, it is in Pending Status until our team reviews the pattern to make sure it adheres to the Pattern Submission Requirements.

Once approved and uploaded to the Designer Marketplace, you will receive payment each quarter (January, April, July, and October within 15 days of the end of the quarter) in the following amounts:

100% of your pattern sales through our site

100% of your pattern portions of kits through our site

The Designer will be paid the entire sales amount of the purchased pattern - KnitCrate takes no commission or upload fee.

If customers complain that they are not receiving timely and helpful responses to their questions about a Designer's patterns, KnitCrate may choose to remove these patterns from our website and will notify the Designer.

KnitCrate can choose to remove a pattern for any reason without notice. If KnitCrate decides to remove a pattern from the Marketplace Program, KnitCrate will pay the Designer any payments due to them for sales prior to the removal of the pattern.

License to Intellectual Property, Copyright, and Trademarks

The Designer retains full rights to his or her design(s).

Designer grants KnitCrate a limited right to its trademarks and copyrights for the purpose of marketing and selling the Designer’s pattern. At any time and at Designer’s discretion, the Designer may revoke this right in part or in whole. Upon termination of this agreement, KnitCrate shall immediately cease the use of Designer’s trademarks and copyright. KnitCrate grants the Designer a limited right to its trademarks and copyrights for the purpose of marketing and selling the Designer’s pattern. At any time and at the discretion of KnitCrate, KnitCrate may revoke this right in part or in whole. Upon termination of this agreement, the Designer shall immediately cease the use of KnitCrate trademarks and copyright.

The Designer’s pattern will be sold online at www.knitcrate.com and is not licensed for any other use.

KnitCrate may use the Designers’ submitted pattern(s) images to promote the Marketplace Program and individual patterns.

The Designer indemnifies KnitCrate from liability for all third-party claims, including (but not limited to) intellectual property infringement.

No Agency

KnitCrate is in no way an agent for the Designer and cannot contractually bind Designer or in any way act as Designer’s legal agent.

The Designer is in no way an agent for KnitCrate and cannot contractually bind KnitCrate or in any way act as legal agent for KnitCrate.

Limitation of Liability

KnitCrate will not be liable to Designer or third parties for consequential, special or indirect damages arising from sale, use, or display of Designer’s work.

The Designer will not be liable to KnitCrate or third parties for consequential, special or indirect damages arising from sale, use, or display of the Designer’s work related to the online sales process, including breaches of data security or any issues concerning credit card processing, KnitCrate online shopping cart processes, delivery of PDF files, returns, or refunds.

Dispute Resolution

If there is a dispute between the Designer and KnitCrate, the parties shall submit the dispute to arbitration by a mutually selected arbitrator. The arbitration shall be subject to the arbitration rules of the American Arbitration Association. The parties acknowledge that mediation usually helps parties settle a dispute. Therefore, either party may suggest mediation whenever appropriate through the American Arbitration Association or any other mediation process or mediator that the parties mutually agree upon.

Attorney’s Fees

If Designer and KnitCrate arbitrate or litigate a dispute, the losing party shall be responsible for payment of reasonable attorney’s fees and any arbitration or court costs.

Integration

Terms in this contract supersede any other terms in any other document related to this transaction unless the document is signed by both parties.

Choice of Law

This Agreement is governed by the law of the State of Florida.

Assignment of Rights

The Designer may not assign or delegate any of his or her rights or obligations under this agreement to any person without the prior written consent of KnitCrate, which KnitCrate may withhold in its sole discretion. KnitCrate may not assign or delegate any of its rights or obligations under this agreement to any person without the prior written consent of the Designer, which the Designer may withhold in its sole discretion.

Relationship Between Parties

The Designer and KnitCrate recognize and agree that the Designer is not an employee of KnitCrate. None of the benefits provided by KnitCrate to its employees, including but not limited to workers’ compensation insurance and unemployment insurance, will be provided by KnitCrate to the Designer or to any employee, agent, or servant of the Designer. The Designer agrees that he or she will file federal and state income tax returns either as a business entity or as part of the Designer’s personal income tax returns. The Designer agrees that he or she is not eligible to participate in any benefit plans of KnitCrate under any circumstances, even if the Designer should be found to be an employee of the Company by any governmental agency or court.

Representations and Warranties

The Designer represents and warrants to KnitCrate that there is no employment contract, independent contractor agreement, exclusivity agreement or any other contractual obligation to which the Designer is subject that prevents the Designer from entering into this agreement or from performing fully under this agreement.

I have read, understand, and agree to the Terms and Conditions of the Designer Marketplace Program at KnitCrate.