Author Terms

Welcome at StampReady. Thanks for visiting our Author Terms. By now you should already be familiar with our general Terms and you are now interested to become a StampReady Author. We are really excited to add you to our team.

These additional Author Terms are a part of these Terms and apply only to StampReady Authors. In order to become an Author, you will need to accept these Author Terms and agree with the rights and obligations set out in these terms.

1. Definitions

‘author’ means a user who creates a module and/or template to be purchased by StampReady and may be used by StampReady in any way they seem appropriate.

‘item’ means, but not limited to, the collective name of modules and/or templates combined.

‘module’ means a part of a template created by you as an author to be purchased and used by StampReady.

‘template’ means a complete newsletter made out of a selection of 10 (in words: ten) different modules.

‘you’ means the author and user whose details are registered with StampReady as the account holder.

Unless clearly inappropriate, singular terms refer also to the plural number and vice versa. All other words defined or explained in the Terms have the same meaning here. If there is any inconsistency between what we say in these Author Terms and what is in the general Terms, what we say in these Author Terms overrules.

If you still want to become an author, please continue reading. It will not take long and by the end of it you will know everything there is to know about being an author.

2. How to become an author?

2.1
Becoming an author is free. However, there are a couple things you will need to warrant in exchange for the right to be an author, which are outlined in these Author Terms. Obviously, your item which you want to sell to StampReady is being submitted to a review process.

2.2
You will only need to read these terms and accept these terms once you opt in to become an author on your account settings page. By doing so you are agreeing to work within these terms and conditions.

3. Process of selling your items

3.1
From time to time StampReady will open up a period for authors to supply modules and templates up for review, to be approved and purchased by StampReady (‘batch’). This batch contains a certain number of open spots (to be determined by StampReady) to be filled with approved modules. An approved template equals 10 (in words: ten) modules. Once all spots in a batch have been filled it is no longer possible to put your item up for review. The status of each batch is being tracked on your account in the authors section.

3.2 You will provide the following:

1. Ownership: When you sell a module and/or template to StampReady you will sell it with the right to use it as their own and with the exclusive rights and control over the module and/or template.

3.3 Price establishment:

1. Module price: Every module has the same fixed purchase price of USD 12.50 (in words twelve United States dollars and fifty United States dollar cents) which is set by StampReady and may change at the discretion of StampReady, from time to time.
2. Template price: This is the fixed purchase price of USD 150 (in words: one hundred and fifty United States dollars) set by StampReady. This template price may change at the discretion of StampReady, from time to time.
3. Taxes: Some transactions may be subject to tax, but these are already included in the purchase price.

3.4 Review
StampReady has a minimum standard which all modules and templates should meet. We have rules about what we accept and do not accept. We will always provide constructive feedback. However, we are not obliged to give you any reasons for rejecting your module and/or template. StampReady has the final say on whether items are accepted and purchased by StampReady.

3.5 Right to use
Once the module and/or template has been purchased by StampReady, StampReady will become the owner of the module and/or template and will have the right to use the module and/or template however they seem appropriate, see item 3.2(i).

3.6 Your earnings
For every approved module or template to be purchased by StampReady, you will receive a fixed purchase price set by StampReady. You can find the fixed purchase prices under item 3.3. These fixed purchase prices may change at the discretion of StampReady, from time to time. Any changes to these purchase prices will take effect on and from the date on which notice of these changes is posted by StampReady.

3.7 Exclusivity
As an Author for StampReady you are allowed to sell your items, which have been purchased by StampReady, elsewhere. The only condition is that the content will be significantly different than the content available on StampReady and the module and/or template should be (solely) compatible to the StampReady editor.

3.8 No Variation
You are not permitted to change these terms (or our general Terms) as they apply between you and StampReady. Any different or additional terms that you try to impose on StampReady on your items will have no effect against StampReady or its users.

4 Process of payment

4.1 Earnings payment
We will pay you the fixed price for the approved module or template (‘your earnings’ or ‘earnings’). You can keep track of your earnings on your account.

4.2 To avoid any confusion, only your earnings from the purchase of your items will be payable to you. As well as the earnings awarded to you as an author in the prize pool (see item 5).

4.3 Thresholds
The payout of your earnings will only be possible when your earnings on your account reach the minimum threshold amount of USD 50.00 (in words: fifty United States dollars) (‘minimum threshold amount’).

4.4 Timing earnings payment and procedure:

1. We will hold the balance of your earnings until they are paid out to you, the StampReady account holder. You can set up your payment information which must be owned by you, the StampReady account holder. When your earnings reach the minimum threshold amount, we will make a monthly payout to your payment destination;
2. The payment of your earnings will take place every first week of the month, only when the earnings on your account have reached the minimum threshold amount;
3. You must provide us with the correct details and invoice information when you set your payment destination;
4. Despite the above, we reserve the right to pay your earnings to you, at any time, at our discretion;
5. You may bear some or all expenses incurred by us in transferring your earnings to you.

4.5 Payment errors
We will continue to hold your earnings if we are not able to pay your earnings to you for whatever reason, including if:

1. we do not have the correct payment details;
2. we cannot contact you by using the contact details that you have supplied.

4.6 Currency conversions
As we work with people all over the world, we might encounter different currencies. When we make a payment to you as an author, you are responsible for all costs related to the conversion of the total amount of the payment from United States dollars into the currency that you want. For instance, in the case that your financial institution may charge you additional fees to make this conversion possible. StampReady does not in any event control either the conversion rates or your financial institution’s fees.

4.7 Holding earnings
StampReady may decide that a module and/or template of yours does not comply with an applicable law or any of our rules or standards, including the StampReady Terms and these Author Terms. In that case, we can, at our discretion, inactivate the module and/or template or your membership. We may also hold any earnings on that module and/or template or your account for up to two years and may release those held earnings during that period if we are satisfied that any dispute or issue about your item has been resolved.

5 Prize Pool

5.1 In addition to your earnings, StampReady hosts a monthly prize pool with a minimum amount of USD 1,000 (in words: one thousand United States dollars). Every approved and purchased module will compete for this monthly prize. Every first of the month a new prize pool is hosted by StampReady (‘prize pool’). The status of this prize pool is tracked in the vault on the dashboard of your StampReady account and is being managed by StampReady (‘the vault’).

5.2 The awarding of the prize pool is established by the following:

1. Every first of the month the vault is being reset and every approved and purchased module will be competing for the prize pool;
2. StampReady will calculate live which module has been send out during each month by its users;
3. By the end of each month the prize pool will be distributed proportionally to the relevant author(s) by StampReady;
4. The frequency of usage is being established only by the sent email campaigns by the StampReady user. To avoid confusion, only modules which have been used in email campaigns which have been send out by the StampReady user will participate in the prize pool;
5. If participated in the prize pool, the author will receive an invoice automatically on the billing page of the author’s account;
6. The amount of the prize pool may vary from time to time at the discretion of StampReady;
7. No correspondence on any of the rules above will be entered into.

6 Taxes that apply

As an author of StampReady, you are responsible for paying any taxes that apply to you.

7 Your warranties and responsibilities:

7.1 As an author you warrant to us and each user of your items that:

1. the item is of tolerable quality and suitable for the purpose for which it is has been obtained;
2. you have the rights required to sell that item to StampReady;
3. StampReady’s purchase of the item does not infringe the intellectual property rights of someone else;
4. the item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
5. the item does not breach any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
6. the item does not contain viruses or other computer codes, files or programs which are meant to limit or destroy the functionality of other computer software or hardware;
7. where relevant, you have the appropriate model or property release for your item, and you can produce a copy of that model or property release when requested by us or a user of your item;

7.2 As an author you warrant to us that:

1. you will follow any author instructions provided by us, act in good faith, and provide assistance and co-operation as we reasonably request;
2. information and documentation, you give us (like your name, address and payment information) is accurate.

7.3 Users use of your item
We are not liable for any loss suffered by you as a result of a user or any other person making use of your item contrary to the StampReady Terms.

7.4 StampReady’s use of your item
StampReady will become the owner of the module and/or template once the purchase price of the item has been awarded to your account. We may use the whole or part of your module and/or template in any way we seem appropriate. This includes promotional use such as, but not limited to, the use in public relations, emails, on a features page, or on other sites (for example social networks). No compensation is payable for these uses.

7.5 Item removal
We have the right to remove an item for any reason, using our reasonable discretion. For instance, we may evaluate our inventory in order to keep the StampReady portfolio up to date and contain a level of quality that meets the latest technical standards and market trends. It is also possible that issues about an item might be brought to our attention such as errors, representations, or even violations. In such case we always try to inform you about this issue. Before an item is removed, we always intend to inform you, but this is not always feasible or possible, so we cannot guarantee this. StampReady will not be responsible for any loss that you may suffer as a result of your item being removed.

8 Personal information

In order to facilitate a transaction by StampReady, we need your relevant and accurate user information. We may also provide the financial institutions with your relevant information for matters such as invoicing. We agree that we will keep your user information confidential and only use this information for that StampReady transaction in compliance with applicable privacy and data protection laws.

9 Legal relationship

Nothing in these Author Terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and StampReady. Neither you nor we can act on behalf of the other in any way.

10 Governing law and jurisdiction

These Author Terms will be governed by Dutch law, and you submit to the exclusive jurisdiction of the Dutch courts.

Thank you for reading this entire document and we are thrilled to have you join us as an author. We wish you all the very best in creating your items for StampReady and we hope you will enjoy being a part of making the world of email templates more beautiful than ever.