The Tastemakers Program
RIGHTS, OWNERSHIP, INTELLECTUAL PROPERTY & INDEMNIFICATION
All pre-existing Intellectual Property of each party — brand, images, likenesses, trade names, or other IP — will remain the exclusive property of that party. The PARTIES also agree to the following:
1. The Tastemaker shall provide one or more images, their name, their design, or their likeness for use on the wine and custom label they have ordered from Nocking Point Wines.
2. The image provided by the tastemaker is free and clear of all encumbrances, security interests, restrictions, claims and equities of any kind or nature whatsoever.
3. The tastemaker represents and warrants that he/she is the owner of all rights, including copyright to the Image, trademarks and related intellectual property and that it has the right to use the image for personal purposes.
4. The tastemaker represents that the subject matter and material displayed in the image they have provided does not violate any laws of any kind. Nocking Point also reserves the right to refuse service, and the creation of a custom wine, to any customer for any potential moral or legal issue at their sole discretion.
5. Indemnity. The tastemaker shall indemnify and hold harmless NP, its successor and assigns, and their respective officers, directors, agents and employees, from any against any and all claims, damages, liabilities, costs and expenses (including legal expenses and attorney fees), arising out of any third party claim arising out of the Label design or provided images and marks.
6. User-generated content (UGC) and promotion. By becoming an NP Tastemaker you grant Nocking Point Wines the authorization to use your UGC label – or a digital rendering/reproduction of your label – on the website, in social media, email, or other digital marketing materials for the purpose of showcasing the NP Customs offering to current or future customers & partners.
7. Your compensation rev share offer will be sent via Shopify Collabs for your approval prior to the launch of your product at an agreed upon date.