Welcome to the Vendor Terms of Service for the AI Story Guru’s premade book cover marketplace. This Agreement outlines the terms and conditions that govern your relationship as a Vendor with our platform, where you can showcase and sell your pre-made book covers. By registering as a Vendor and submitting your Products for sale, you agree to comply with the terms set forth in this Agreement. Please read these terms carefully, as they define your rights, responsibilities, and obligations as a Vendor on our platform. If you have any questions or need clarification, do not hesitate to contact us.
These terms were last modified on March 21, 2024.
1: Parties
This Agreement is between the Book Cover Vendor (referred to as ‘Vendor’ or ‘Vendor’) and TRACY LLC, 312 West 2nd Street #A2234, Casper, WY 82601 (referred to as ‘Distributor’ or ‘Marketplace’).”
2: Background
The Distributor operates an online marketplace for ebook covers (‘Products’) designed by various Vendors and available for purchase by authors.
3.1 Definitions
In this Agreement, the following terms shall have the meanings set out below:
- Vendor: The book cover designer who agrees to the terms of this Agreement.
- Distributor or Marketplace: TRACY LLC, 312 West 2nd Street #A2234, Casper, WY 82601.
- Products: Book covers or other artwork designed by the Vendor and offered for sale on the Marketplace.
- Commencement Date: The date on which the Vendor registers on the Marketplace.
- Intellectual Property Rights: All intellectual property rights, including but not limited to patents, copyrights, trademarks, and design rights, whether registered or unregistered.
- Price: The amount set by the Vendor for the sale of a Product on the Marketplace but may not be less than $69 USD.
- Website: The Distributor’s online platform where Products are sold, including fictionbookcover.com and any related sites.
3.2 Interpretation
- 3.2.1 Clause, schedule, and paragraph headings are for convenience only and shall not affect the interpretation of this Agreement.
- 3.2.2 References to a person include a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- 3.2.3 Unless the context otherwise requires, words in the singular include the plural and vice versa, and words in one gender include any other gender.
- 3.2.4 A reference to a statute or statutory provision is a reference to it as amended, extended, or re-enacted from time to time and includes all subordinate legislation made under that statute or statutory provision.
- 3.2.5 The terms “including,” “include,” or similar expressions are illustrative and do not limit the generality of the related words.
4: Appointment and Grant of Rights
The Vendor grants the Distributor the non-exclusive right to display, promote, and sell the Products on the Marketplace in any manner deemed appropriate by the Distributor.
The Vendor retains full ownership of all intellectual property rights in the Products. The Distributor is granted a non-exclusive, worldwide license to market and sell the Products on the Marketplace.
5: Distributor’s Obligations
The Distributor will make reasonable efforts to promote, sell, and distribute the Products on the Marketplace. The Distributor will maintain accurate records of all transactions related to the Products.
6: Prices and Payment
- The Vendor sets the price for their Products, with a minimum price of $69.
- The Distributor will manage all payment processing and remit 70% of the net sale price to the Vendor. After deducting a 5% fee for credit card and related processing costs, you’ll receive 70% of the remaining amount, while the Distributor retains 30%.
- Payments are processed on the 15th and 30th of each month. If either date falls on a weekend or holiday, payments will be processed on the next business day.
- Any and all expenses, costs, and charges incurred by the Distributor in the performance of its obligations under this agreement shall be paid by the Vendor, unless the Distributor has expressly agreed in advance in writing to pay such expenses, costs, and charges.
7: Termination
7.1 Termination by Notice:
This Agreement may be terminated by either party with fourteen (14) days’ written notice to the other party.
7.2 Termination for Breach:
The Distributor may terminate this Agreement immediately if the Vendor breaches any term of this Agreement and fails to remedy such breach within seven (7) days of receiving notice, or if the Vendor’s conduct is deemed incompatible with the terms of this Agreement.
7.3 Inactivity:
If the Vendor has not submitted any new Products or made any sales for a period of twelve (12) months, the Distributor reserves the right to terminate the Vendor’s account and remove their Products from the Marketplace.
7.4 Customer Communication:
The Vendor agrees to respond to customer inquiries and resolve any disputes in a timely and professional manner. The Distributor may intervene if necessary to ensure customer satisfaction.
8: Limitation of Liability
8.1 Liability Cap:
The Distributor’s total liability under this Agreement shall not exceed the total amount paid to the Vendor in the three (3) months preceding the event giving rise to the claim.
8.2 Exclusions:
Neither party excludes or limits liability for fraud, death, or personal injury caused by negligence.
8.3 Indemnification:
The Vendor agrees to indemnify and hold harmless the Distributor from any claims, damages, or expenses arising from the Vendor’s breach of this Agreement, including but not limited to claims related to intellectual property infringement.
9: Confidentiality
The Vendor and Distributor agree to keep all confidential information shared between the parties private and not disclose it to any third party except as required by law.
10: Content Restrictions
10.1 Prohibited Content:
The Vendor agrees not to submit any Products that contain offensive, illegal, or infringing content. The Distributor reserves the right to remove any Products that violate this clause.
10.2 Breach of Vendor Terms:
Submissions that use low-quality stock images, images with watermarks, or stock elements with minimal alterations (e.g., basic background changes or typography) will be rejected. Any other violations of the Vendor Terms may also result in the removal of the Vendor’s covers from the catalog.
10.3 Incomplete Submissions:
Submissions lacking essential information, such as price, preview images, or cover titles, may be rejected. The Vendor must ensure that all required fields are completed as outlined in the step-by-step submission guide.
10.4 Quality Standards:
Covers that fail to meet professional quality standards—such as poor cutouts, inadequate blending, or other beginner-level mistakes—will be rejected. The Distributor’s customers expect high-quality, professional designs. If the Vendor’s current skill level does not meet these standards, the Vendor is encouraged to improve their skills before submitting work.
10.5 Use of AI:
If the Vendor uses AI in their designs, this must be clearly indicated in the product description; transparency in this regard is required.
11: Termination for Inactivity
If the Vendor has not submitted any new Products or made any sales for a period of 12 months, the Distributor reserves the right to terminate the Vendor’s account and remove their Products from the Marketplace.
The Vendor agrees to respond to customer inquiries and resolve any disputes in a timely and professional manner. The Distributor may intervene if necessary to ensure customer satisfaction.
12: Return and Refund Policy
12.1 Final Sale:
All sales of Products on the Marketplace are final. No returns or refunds will be issued unless the Product is found to be defective or not as described.
12.2 Vendor Responsibility:
If a Product is deemed defective or not as described, the fees paid to the Vendor for the sale of that Product must be returned to the Marketplace. This also applies in cases where the customer initiates a chargeback.
13: Tax Obligations and Reporting
13.1 Tax Responsibility:
The Vendor is responsible for complying with all applicable tax laws related to the sale of their Products on the Marketplace. The Distributor does not withhold taxes on behalf of the Vendor.
13.2 1099 Reporting:
If the Vendor earns more than $600 USD in a calendar year through the Marketplace, the Distributor is required by U.S. law to issue a Form 1099 for tax reporting purposes. The Vendor agrees to provide the necessary tax information to the Distributor for this purpose. Failure to provide the required information may result in withholding of payments until compliance is achieved.
14: Force Majeure
Neither party shall be liable for delay or failure to perform any of its obligations under this agreement due to events beyond its reasonable control, such as natural disasters, internet outages, or other unforeseen circumstances.
15: Waiver, Remedies, and Entire Agreement
No failure or delay by a party to exercise any right or remedy under this Agreement shall constitute a waiver of that right or remedy. The rights and remedies provided in this Agreement are in addition to any rights or remedies provided by law. This Agreement constitutes the entire agreement between the parties and supersedes all previous agreements relating to its subject matter.
16: Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Wyoming, USA. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in Wyoming.
