Content Submission Agreement and Terms

Content/Art Submission Agreement and Terms

Effective Date: 2025-Jun-19

Thank you for your interest in collaborating with Deviant Drip (the “Company”). This Artist Submission Agreement (the “Agreement”) governs the terms and conditions under which you (“Submitter”) submit original content/artwork (“Artwork”) to the Company for consideration and potential inclusion in merchandise or digital product offerings. By submitting Artwork, you agree to be bound by the terms of this Agreement.


1. Original Work and Eligibility

Submitter represents and warrants that the submitted Artwork is a wholly original creation, created solely by the Submitter without the use of AI-generated components, third-party copyrighted material, or unauthorized use of others’ intellectual property.

Submissions that are derivative, plagiarized, or substantially similar to existing works (as determined solely by the Company) will be disqualified. If infringement is discovered after a product has been listed, the related product will be removed and all profit-sharing payments will be forfeited.

The submitted Artwork must not currently be licensed, listed, or offered for sale through any other company, platform, or sales channel, including the Submitter’s own store. By submitting, you affirm that the Artwork is not under consideration or agreement with any other entity.

What This Means*:
We need to keep things legal, so legal costs and administrative overhead for processing reports of infringement (etc.) don't kill profits... and your share with it. 

You promise your submission is entirely your own, not copied or made with AI or someone else’s content.  Also, you can confirm that your concept/artwork isn't licensed or being sold elsewhere, as that could require take-down actions and costly disputes/arbitration/legal proceedings for you and us.  If it turns out you copied or reused something, or that the artwork is licensed/sold elsewhere, the Company can cancel your submission and withhold any money earned.


2. Ownership and Licensing Rights

Submitter retains full copyright ownership of their submitted Artwork.

By submitting Artwork, the Submitter grants the Company an exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, publicly display, adapt, edit, crop, modify, distribute, and sell merchandise derived from the Artwork. This license remains in effect for as long as the Artwork is offered for sale or used in the Company’s promotional and marketing materials.

The Company may exercise these rights across all formats, platforms, and marketing channels without restriction.

What This Means*:

You still own your art, period. 
Since you own it, we need permission to use it in a way that works on our merchandise. You’re giving us the exclusive rights to sell and promote it in any format, anywhere, for as long as it’s being used. You can’t license the same art elsewhere while it’s active, which hopefully prevents the possibility of involving you in complex (costly) dispute/legal matters.


3. No Obligation to Review or Respond

The Company is under no obligation to review, respond to, or provide feedback on any submitted Artwork. Due to the volume of submissions, the Company cannot guarantee acknowledgment or individualized communication. You will be contacted only if your submission is selected for further consideration.

What This Means:
We are a small business and don't have capacity where we can promise to reply or give feedback. You’ll only hear back if they’re interested.


4. Compensation

If your submission is selected and used on Company merchandise, you will receive fifty percent (50%) of the net profits from sales of products featuring your Artwork.

In cases where a single product features Artwork from multiple Submitters, that 50% share will be divided proportionally among all contributing Submitters, as determined by the Company in its sole discretion based on each Submitter’s contribution.

Net Profits” means gross revenue received by the Company from sales of products featuring the Artwork, less the following expenses: production and fulfillment costs, materials, third-party vendor fees, platform fees, payment processor fees, shipping, packaging, marketing, advertising, customer service, returns and refunds, taxes, chargebacks, and other reasonable operational overhead.

All net profit calculations are made in the Company’s sole discretion, and the Company will make commercially reasonable efforts to maintain transparent accounting, though the Company is under no obligation to provide detailed sales breakdowns to Submitters.  The Company’s determination of “Net Profits” and related accounting calculations shall be final, conclusive, and binding on the Submitter, and Submitter agrees not to contest or dispute such calculations.

What This Means*:
If your art is used, you’ll get 50% of the profit after business costs are taken out. We will act in good faith - using common sense calculations for profit (net profit = sale price - product costs and processing fees - avg. marketing costs - operational expenses, etc.). 
However, we are a small business with limited money for lawyers - to prevent long drawn-out & costly disputes/arbitration/legal proceedings; if there is a dispute around the profit calculation, we have the final say on how that profit is calculated and don't have to show you full breakdowns.


5. Payment Terms and Tax Compliance

5.1. Payment Schedule: Payments will be issued annually, provided the Submitter’s accumulated earnings exceed fifty dollars ($50 USD). If the threshold is not met, the amount will roll over to the next year.  
The Company will not contact the Submitter regarding earnings below the payment threshold or rolled-over amounts and will only initiate contact when a payment is due. 
Funds may roll over only once; if the payment threshold is not met by the end of the second consecutive year following the initial earning period, any unpaid earnings will expire and be forfeited.

5.2. U.S. Residents: Submitters who are U.S. persons (citizens or legal residents) must submit a valid IRS Form W-9 that matches the full legal name, mailing address, and taxpayer identification number (TIN) provided at the time of content submission.

Important: Individuals residing in the United States without lawful immigration status are not eligible for participation in the profit-sharing program or receipt of any compensation. The Company is unable to engage in business transactions with non-legal residents and will disqualify such submissions from payment eligibility.

5.3. Non-U.S. Residents: Foreign submitters must provide a valid Form W-8BEN. If a treaty exemption is claimed, it must be appropriately indicated.

5.4. Forfeiture of Payment: If valid tax documentation (Form W-9 or W-8BEN) is not submitted within thirty (30) days of selection, or if the submitted documentation does not match the information originally submitted with the Artwork, any entitlement to payment will be forfeited. The Company may withhold or permanently waive any unpaid compensation in such cases without liability.

5.5. Tax Responsibility: Submitters are solely responsible for reporting and paying all taxes associated with any compensation received. The Company will not provide tax advice.

What This Means*:
You get paid when you earn $50 or more in a year, there is a roll-over policy to give you a better chance at earning money if your design doesn't sell very well for a particular year. 

You must submit the right tax forms, or you won’t get paid - the company must follow US laws for reporting payment/income. You're also in charge of handling your own taxes.


6. Right to Modify

Submitter acknowledges and agrees that the Company may alter, modify, adapt, crop, resize, recolor, or otherwise edit the Artwork for any reason the Company deems appropriate, including but not limited to production requirements, marketing needs, platform compatibility, brand alignment, or creative direction. The Company may also combine or remix the Artwork with other content.

While the Company will make reasonable efforts not to materially distort or misrepresent the original artistic intent, Submitter expressly authorizes such modifications without requiring additional permission or approval.

What This Means*:
Your art might be resized, cropped, or adjusted to fit/display on merchandise.  We may also make products that contain multiple concepts/artwork/submission.  While we have the right to modify your submission, they’ll try not to mess with your artistic intent.


7. Exclusivity

Submitter agrees not to license, sell, or otherwise distribute the same or substantially similar Artwork through any other channels (including the Submitter’s own store or third-party platforms) while the Company continues to list or sell products derived from the submitted Artwork.

What This Means*:
If we are selling it, you can’t. Once we stop selling/de-list your submission, you can use it again elsewhere.  This helps reduce the risk of pulling you into complex disputes/arbitration/legal proceedings involving multiple parties/companies - it also protects the uniqueness of your work and prevents confusing duplicates across platforms.

It also works in your favor - if your art becomes popular, you benefit directly from all related sales, and there's no competition undercutting your own design. The Company only asks for exclusivity while your work is actively being sold or promoted.


8. Product Retirement and Termination

The Company reserves the right to discontinue any product featuring the Artwork at any time, for any reason, without notice. Profit-sharing ends once the product is retired and all associated sales are concluded.

What This Means*:
You’re responsible for making sure your art is legal and original.


9. Legal Representations

Submitter affirms and warrants that:

  • They are the sole creator and owner of the submitted Artwork.
  • The Artwork does not infringe upon the rights (copyright, trademark, publicity, or otherwise) of any third party.
  • The Artwork contains no unauthorized use of logos, characters, likenesses, or protected intellectual property.
  • The submission complies with all applicable local, national, and international laws.

What This Means*:
If someone else submits similar ideas, or the Company makes something close on their own, you can’t claim ownership unless it’s clearly your accepted piece.


10. Similar Submissions

Submitter acknowledges that the Company may receive submissions or may be independently developing content that is similar in concept, style, or theme. Submitter agrees to waive any claims against the Company in such instances unless the Submitter’s Artwork is formally accepted and used.

What This Means*:
If someone else submits similar ideas, or the Company makes something close on their own, you can’t claim ownership unless it’s clearly your accepted piece.


11. Moral Rights and Attribution

To the extent permitted by law, the Submitter waives any moral rights or claims to attribution or integrity in connection with the Company’s use of the Artwork. If selected, the Company may, at its discretion, attribute the Artwork using the Submitter’s first name or provided social media handle.

What This Means*:
The Company can use your art how they need, and they can credit you with your name or handle - but they don’t have to if you don’t want.


12. Disparagement

Submitter agrees not to publicly disparage, slander, or defame the Company, its employees, agents, or decision-making process, including but not limited to posts on social media platforms, websites, blogs, or any other public forum.

In the event of a breach of this clause, the Company reserves the right to seek equitable relief and recover damages to the fullest extent permitted by Ohio law, including but not limited to reputational harm, loss of current or potential customers, interference with business relationships, and any related financial losses. Nothing in this section shall prevent the Company from pursuing legal remedies, including injunctive relief or monetary damages, in a court of competent jurisdiction.

What This Means*:
We don't want to give you a hard time or make you upset, but sometimes relationships sour.  If so, we have a section below describing you can request we go our separate ways.  But no angry rants about us, including online.   Let’s keep things civil and professional please.


13. Communication and Contact Information

Submitter is solely responsible for ensuring that their contact information is accurate and current. The Company is not liable for missed communications or lost payments due to outdated or incorrect contact details.

What This Means*:
If you move or change your email / address / etc. tell them - or you could miss payments or opportunities.


14. No Employment Relationship

The Submitter acknowledges and agrees that this Agreement does not create an employment, partnership, joint venture, agency, or fiduciary relationship between the Submitter and the Company. Submitter is an independent contractor and is solely responsible for all taxes, insurance, and other obligations related to their services. The Company will not provide benefits typically associated with employment, such as health insurance, paid leave, or retirement plans. Submitter has no authority to bind or obligate the Company in any manner.

What This Means*:
This is freelance — no job benefits or titles come with it.


15. Force Majeure

The Company shall not be held liable for any delay or failure in performance under this Agreement caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor strikes, pandemics, governmental restrictions, or interruptions to internet or infrastructure services.

What This Means*:
If something big and out of their control happens, they’re not responsible for delays.


16. Data Privacy and GDPR Compliance

Submitter consents to the Company collecting, storing, and processing their contact and payment information solely for the purposes of evaluating submissions, administering payments, and managing related business activities. The Company is a U.S.-based entity and is not subject to foreign data protection laws, including but not limited to regulations requiring data purging, data localization (i.e., storing data within a specific country’s borders), or other jurisdiction-specific data residency mandates. Submitter acknowledges and agrees that such foreign laws and regulations do not apply to the Company. Due to operational capacity constraints, the Company does not accommodate requests for deletion or modification of personal data submitted.

What This Means*:
They keep your info in the U.S., not under GDPR. You can’t ask for your data to be deleted or changed later.


17. Governing Law

This Agreement shall be governed by the laws of the State of Ohio, without regard to conflict-of-law principles. All arbitration proceedings and any related enforcement actions shall be conducted under and subject to the same governing law.   

What This Means*:
Any legal stuff follows Ohio law.


18. Severability

If any provision of this Agreement, including the arbitration clause, is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be severed and the remainder of the Agreement shall remain in full force and effect. The parties agree to negotiate in good faith a valid provision to replace the invalidated provision that most closely reflects the parties’ original intent.

What This Means*:
Even if one line is thrown out, the rest of the Agreement still stands.


19. Entire Agreement

This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof and supersedes all prior communications, representations, or agreements, whether oral or written.

What This Means*:
Only what’s in this document matters - no side promises or emails count.


20. Arbitration and Dispute Resolution

20.1. Good Faith Efforts. In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter informally through good faith discussions.  The parties may also consider mediation as a non-binding method to resolve disputes before proceeding to arbitration.

20.2. Binding Arbitration. If the dispute cannot be resolved within ninety (90) days, it shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, unless the parties mutually agree otherwise. Arbitration shall take place in the state of Ohio and may be conducted remotely via video conference or other virtual means if mutually agreed upon or required by circumstances.

Arbitration Costs. The administrative costs of arbitration, including any filing and arbitrator fees charged by the American Arbitration Association (AAA), shall be split equally between the Company and the Submitter, notwithstanding the outcome of the arbitration. However, if the arbitrator determines that the Submitter’s claim was frivolous, harassing, or brought in bad faith, the Submitter shall bear the full cost of arbitration. The Company shall not be responsible for any additional costs incurred by the Submitter, including but not limited to attorney’s fees, travel expenses, or other personal costs.

20.3. No Class Actions. You agree that any arbitration shall be conducted only on an individual basis and not in a class, consolidated, or representative action. The arbitrator shall have no authority to award class-wide relief.

20.4. Injunctive Relief. Notwithstanding the foregoing, the Company may seek injunctive or equitable relief in any court of competent jurisdiction for breaches involving intellectual property, confidentiality, licensing rights, or disparagement. Such actions are not subject to the dispute resolution or arbitration requirements set forth in this Agreement.

What This Means*:
You and the Company have a chance to work things out on your own.  Disputes go to arbitration after 90 days of trying to work it out. Both sides split the AAA arbitration fees unless your claim is bogus. You can’t join a class action. Urgent legal stuff (like copyright violations) can still go to court.


21. Indemnification and Hold Harmless

Submitter agrees to defend, indemnify, and hold harmless the Company, its parent and affiliate entities, and their respective officers, directors, employees, contractors, and agents from and against any and all third-party claims, demands, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • The submitted Artwork;
  • Any alleged or actual infringement of intellectual property rights;
  • Violation of any applicable laws;
  • Misrepresentation or breach of any representation, warranty, or covenant under this Agreement.

This obligation survives termination of this Agreement and shall remain in full force and effect.

What This Means*:
If your art causes legal problems, you’re on the hook - not the Company.


22. No Guarantee of Promotion

The Company retains full discretion over how, where, and whether submitted Artwork is marketed, promoted, or advertised. Selection of Artwork for listing does not obligate the Company to provide any specific level of visibility, placement, promotion, or paid advertising. The Company makes no guarantees regarding traffic, sales volume, or exposure, and Submitter agrees that the Company shall not be liable for the performance or lack thereof of any listed product.

What This Means*:

Even if your art is chosen and listed for sale, the Company can’t promise it’ll be promoted, advertised, or pushed on social media. They are a small shop with limited capacity for advertisement costs and marketing effort.  We do our best to spotlight work we love - but ultimately, how and where a design is promoted is up to us. Sales success can depend on lots of factors, and this clause just keeps expectations realistic.


22. Right to Amend Terms
The Company reserves the right to modify, update, or amend the terms of this Agreement at any time, in its sole discretion, without prior notice or approval. The most current version will be posted on the Company’s designated submission platform or website. Continued submission or participation after any such changes constitutes acceptance of the modified terms.

What This Means*:

We may need to update this agreement as our business grows or things change. We’ll always post the latest version online, and if you keep submitting or participating, that means you’re cool with the updated terms.  If you wish to withdraw your submission due to changes in terms (or any other reason), we've outlined a way for you to do this in the section below.


23. Voluntary Termination by Submitter

The Submitter may request to terminate this Agreement at any time by sending a written termination request through the Company’s official “Contact Us” form, using the same email address originally submitted with the Artwork.

Upon verified receipt of the request, the Company will initiate retirement of products featuring the Submitter’s Artwork within a commercially reasonable period, not to exceed ninety (90) days for standalone designs. For products incorporating multiple submissions (e.g., compilations or collaborations), the Company shall have up to one hundred twenty (120) days to either retire or reconfigure the product to remove the Submitter’s contribution, if feasible.

Any outstanding compensation owed for prior sales will be issued according to the standard payment schedule, and no further profit-sharing shall occur after product retirement is complete. Termination does not affect any rights granted to the Company for promotional materials (printed, online, or otherwise) created prior to termination.

What This Means*:

You can opt out of this agreement at any time - just use our Contact Us form and send the request from the same email you originally submitted with.

We’ll start taking your design down from our store within 90 days if it’s a solo design. If your art is part of a group or collab piece, it might take up to 120 days so we can properly remove or rework it. You’ll still get any earnings you’re owed based on the normal payment schedule, and once it’s retired, no more sales will include your art. However, old posts and promos might still feature your design — that’s just part of the nature of marketing.


24. Termination by the Company for Convenience

The Company may terminate this Agreement at any time, for any reason or no reason, by providing written notice to the Submitter via the email address on file. Termination will be effective immediately upon delivery of such notice, unless otherwise stated in the notice.

Upon termination, the Company will make reasonable efforts to retire any products featuring the Submitter’s Artwork within ninety (90) days, or one hundred twenty (120) days for products incorporating multiple submitters' work. The Submitter shall be entitled to receive any outstanding compensation earned prior to retirement, in accordance with the standard payment schedule. No further payments will be owed after retirement of the Artwork from sale.

If the reason for termination relates to a violation of this Agreement by the Submitter, the Company may, in its sole discretion and depending on the nature and severity of the violation, offer the Submitter a period of thirty (30) days to cure or remedy the issue to the Company’s satisfaction before termination becomes effective. The Company is not obligated to offer a cure period, especially in cases involving willful misconduct, fraud, infringement, or reputational harm.

Termination shall not affect the Company’s right to use the Artwork in previously published promotional or marketing materials.

What This Means*:

We reserve the right to end this relationship at any time — for any reason or no reason at all. If we do, we’ll start removing your designs from our store within 60 days (or up to 120 days if your art is part of a group piece). We’ll pay out anything you earned before then, but no more payments will come after your designs are retired. Any old promos or social posts with your art might still be around — we won’t reuse them, but we also don’t scrub past marketing.

If we believe you’ve unintentionally violated the rules, we can offer you a 30-day window to fix the problem. If the issue is more serious (like copying someone else's art or damaging our reputation), we can skip that step and end things immediately.


25. Use and Disclosure of Submitted Information

The Company agrees not to share, sell, or distribute any personal information or submitted content to third parties, except as reasonably necessary to operate its business, process submissions, fulfill merchandise orders, manage profit-sharing payments, or maintain the Company’s website and related systems.

However, the Company reserves the right to disclose such information:

  • If required by law, regulation, subpoena, court order, or other legal process;

  • If reasonably necessary to respond to or defend against a claim of intellectual property infringement, misuse, or ownership dispute;

  • To its attorneys, accountants, and other professional advisors, provided such parties are bound by confidentiality obligations.

This section does not limit the Company’s rights to use the submitted Artwork in accordance with the license granted under Section 2.

What This Means*:

We won’t give your personal info or submissions to third parties unless it’s part of running the site, paying you, or legally required. If someone claims you copied their work, or if a court makes us, we may have to share it with legal or professional advisors.


25. Assignment and Successors

The Company may assign, transfer, or delegate its rights and obligations under this Agreement, in whole or in part, to any successor entity, including but not limited to a purchaser or acquirer, without prior notice or consent from the Submitter. In the event of a sale, merger, acquisition, or other corporate reorganization, this Agreement shall remain binding and enforceable by the successor entity as if it were the original party.

What This Means*:
If we ever get sold, acquired, or reorganized, etc., the new owners will still honor this agreement - and your submission rights, payment terms, and everything else stay in place. You don’t have to re-sign anything, and we don’t need your permission to transfer the agreement. This just keeps things smooth for everyone.


* Clarification Only — Not Legally Binding:
The “What This Means” sections provided under each clause are for plain-language explanation and convenience only. They are not part of the legal agreement and do not alter, limit, or supersede the terms of the contract. In the event of any discrepancy, the official contract language controls.


By submitting your Artwork through the Company’s designated platform or form, you affirm that you have read, understood, and agree to all terms contained in this Agreement.