Templates and Libraries Creator Agreement

Please carefully review these terms and conditions before contributing any Content (defined below) to the Marketplace (defined below). This agreement outlines the rights you grant to NextShopper when contributing Content to the Marketplace. These terms apply in addition to the NextShopper Terms of Service and other relevant agreements or policies. Undefined capitalized terms have the meanings assigned to them in the Terms of Service. By indicating acceptance or submitting Content to the Marketplace, you agree to all terms herein.

1. NextShopper Marketplace

1.1 NextShopper Marketplace and Eligibility

NextShopper operates an online marketplace (the “Marketplace”) within the Platform, allowing customers, users, or third parties to submit templates, libraries, and other media (collectively, “Content”) for licensing or sale. Inclusion in the Marketplace is at NextShopper’s sole discretion and subject to applicable content policies, including the Acceptable Use Policy. “Creators” refers to anyone contributing Content to the Marketplace, and Creators must be over 18 (or the minimum legal age required in their country).

1.2 Submission Requirements

By submitting Content, you agree to:

• Follow the requirements outlined in the Submission Guidelines and any other relevant guidelines.
• Adhere to any additional terms specific to certain Content types; if conflicts arise, those terms govern, unless otherwise specified.
• Grant NextShopper the right to host and maintain your Content in accordance with this Agreement.

If NextShopper finds any submitted Content non-compliant with this Agreement, it may suspend your account, impose submission limits, place holds on your account, and/or reject any future Content submissions.

1.3 NextShopper’s Rights

NextShopper may refuse any Content submission at its sole discretion and may remove Content at any time, including if it believes the Content could lead to legal issues, violates this Agreement, or breaches applicable laws.

1.4 Creator’s Rights

Creators may remove their Content from the Marketplace at any time, but any licenses granted before removal remain effective. NextShopper retains a worldwide, non-exclusive, irrevocable license to retain a thumbnail image of any removed Content.

Creators may advertise their Content on other channels but must link to the Marketplace page so that sales occur through the Marketplace.

1.5 Creator Obligations

Creators are responsible for supporting users who purchase their Content, including bug fixes and updates. Creators must respond to user support inquiries within two (2) business days and maintain current functionality with NextShopper’s features. Outdated or poor-performing Content may be removed by NextShopper.

Pricing for Content is set by NextShopper, which may change prices without notice. All graphic assets in Content must be under a free license for unlimited resale and redistribution.

2. Ownership, License Grant, and Warranty

2.1 Ownership

Nothing in this Agreement transfers copyright ownership to NextShopper. Creators retain all copyrights to their original work.

2.2 License Grant

By submitting Content, you grant NextShopper a worldwide, non-exclusive right to copy, reproduce, create derivative works, publicly display, market, sublicense, and sell your Content on the Marketplace. NextShopper may use your Content for promotion, advertising, and educational purposes without additional compensation. Marketing may include use within the Platform and on social media.

Content may be licensed to users under NextShopper’s Single-Use License (details available at [NextShopper License URL]).

2.3 Warranty and Intellectual Property

You represent and warrant that:

1. You are the sole owner of the Content or have necessary rights to grant NextShopper the permissions described here.
2. The Content, and any associated actions, will not infringe upon third-party intellectual property or violate any laws.

2.4 Metadata and Data Labeling

NextShopper may apply or edit metadata for search and discoverability and may use machine learning for content moderation and security. By submitting Content, you agree to these uses.

3. Commissions and Payment Terms

3.1 Commission Structure

NextShopper will pay Creators a commission of 80% of total sales of their Content. Commissions for a calendar month will be paid on or around the 15th of the following month.

3.2 Promotions

NextShopper may apply discounts to Content at its discretion. Commissions for discounted sales will be calculated based on the reduced price. Creators agree to this promotional flexibility.

3.3 Refunds

If a refund is issued for a sale, NextShopper reserves the right to deduct previously credited commissions.

4. Disclaimer of Warranties and Limitation of Liability

The Marketplace and all related services are provided “AS IS” and “AS AVAILABLE” without any warranty. NextShopper disclaims all liability for any damages resulting from Marketplace usage, Content issues, or technical errors.

5. Indemnification

Creators agree to indemnify NextShopper from any losses, claims, liabilities, or costs (including legal fees) arising from or relating to:

• Their use of the Marketplace.
• Violations of this Agreement.
• Violations of laws or third-party rights.

6. Miscellaneous Legal Terms

6.1 Entire Agreement and Severability

This Agreement constitutes the entire agreement on this subject, superseding prior agreements. If any provision is unenforceable, the remaining terms remain effective.

6.2 Updates to Terms

NextShopper may modify this Agreement as needed. Material changes will be communicated via email or Platform notifications, and your continued use of the Marketplace after changes implies acceptance.

6.3 Relationship Between Parties

This Agreement does not create a partnership, employment, or agency relationship between the parties.

6.4 Dispute Resolution

Disputes will be resolved according to the Dispute Resolution section of NextShopper’s Terms of Service.

6.5 Survival

The sections on Ownership, License Grant and Warranty, Disclaimer of Warranties and Limitation of Liability, Indemnification, and Miscellaneous Terms will survive termination of this Agreement.