Client Supplied Logos, Graphics, & Pictures
CLIENT SUPPLIED LOGOS AND GRAPHICS
Logos and Graphics supplied by the client must adhere to the following terms to insure no additional costs will be billed to the client:
- All logos, graphics and designs submitted by the client to Rockin H Marketing must be in a vector format, and/or high resolution, and/or the original file.
- All logos, graphics and designs submitted by the client to Rockin H Marketing must be in, but not limited to the following formats:
- .eps
- .pdf – vector, not a scanned image
- .cdr
- .ai
- .psd
- .tiff
For Logos to used for any Rockin H Marketing project:
- Client must own or has acquired the express written authority from the original designer to provide the logo or graphic to Rockin H Marketing for reproduction.
- The logo or graphic must not infringe upon nor violate the rights of any third party including copyrights and trademarks. Any violation will be the sole legal responsibility and legal liability of client. Client indemnifies Rockin H Marketing of such liability and agrees to pay and fees or costs associated with defending such.
- Logos or graphics must not contain any obscene, threatening, harassing, vulgar, defamatory, libelous, infringing or unlawful content.
- The client must warrant there are no claims against the client in regards to such logo or graphic.
- Client will at all times ensure that it is in compliance with the terms and conditions of any licensing contracts between client and a third party.
CLIENT SUPPLIED PICTURES
Pictures must meet the following guidelines or will NOT be used by Rockin H Marketing:
- 300dpi high resolution jpeg, tiff, or
- Client must own or has acquired the express written authority from the photographer to provide the picture to Rockin H Marketing for reproduction.
- The picture must not infringe upon nor violate the rights of any third party including copyrights and trademarks. Any violation will be the sole legal responsibility and legal liability of client. Client indemnifies Rockin H Marketing of such liability and agrees to pay and fees or costs associated with defending such.
- Picture must not contain any obscene, threatening, harassing, vulgar, defamatory, libelous, infringing or unlawful content.
- The client must warrant there are no claims against the client in regards to such picture.
- Client will at all times ensure that it is in compliance with the terms and conditions of any licensing contracts between client and a third party.
CLIENT SUPPLIED VIDEO
Video must meet the following guidelines or will NOT be used by Rockin H Marketing:
- All video footage submitted by the client to Rockin H Marketing must be in, but not limited to the following formats:
- .wmv
- .vsp
- .mpg
- .mpeg
- .mpv
- .mp4
- .mov
- .avi
- Client must own or has acquired the express written authority from the videographer to provide the picture to Rockin H Marketing for reproduction.
- The picture must not infringe upon nor violate the rights of any third party including copyrights and trademarks. Any violation will be the sole legal responsibility and legal liability of client. Client indemnifies Rockin H Marketing of such liability and agrees to pay and fees or costs associated with defending such.
- Video footage must not contain any obscene, threatening, harassing, vulgar, defamatory, libelous, infringing or unlawful content.
- The client must warrant there are no claims against the client in regards to such Video footage.
- Client will at all times ensure that it is in compliance with the terms and conditions of any licensing contracts between client and a third party.
GRAPHICS THAT DO NOT MEET GUIDLINES:
Graphics, logos, or pictures that do not meet the guidelines as expressed above are subject to an art fee of $100.00 per hour to redesign the client supplied file. If file is not usable, even after the attempt of recreation or correction, Rockin H Marketing will not use the client supplied file.
Video footage that do not meet the above guidelines will not be used.
REPRODUCING CLIENT’S GRAPHICS
- Rockin H Marketing must own or has acquired the express written authority to provide design to client for reproduction.
- Rockin H Marketing retains all rights to reproduce the graphic designs created for the client.
- Rockin H Marketing agrees to not share any logos created solely for the client without prior written consent of the client.
Graphics / Products Designed by Rockin H Marketing
CLIENT PROOF APPROVAL
Each sales order of graphics and or products that have been created or edited by Rockin H Marketing must be approved by the client prior to the release to the public, advertising venues, reproduction or production in any manner. Client will approve in writing to Rockin H Marketing or designer.
TIME FRAME
Standard turnaround time for first proofs, and revised proofs on assigned graphic design projects is one week, or 7 business days.
RUSH JOBS
- Client may request rush jobs on new or existing assignments for an additional charge.
- If a strict deadline is to be met with the client’s requested service, graphic design or promotional product, it is the responsibility of the client to disclose that deadline to Rockin H Marketing before the order has begun. Failure to do will result in the requested service, graphic design or promotional product either being canceled by Rockin H Marketing, due to scheduling, or subject to a rush service charge without written notice to the client.
- Not all requested service, graphic design or promotional product can be met by strict deadlines. Rush service is not available on orders that:
- Have not received a down payment in full or been approved by a net payment client.
- Require extensive graphic design beyond a logo revision.
- Require items that are not available by the manufacturer.
- Deemed unattainable by Rockin H Marketing
- If rush service is available for the client’s order, the rush service charge will be in effect and paid to Rockin H Marketing to meet the client’s strict deadline before production begins.
Revisions
DEFINITION OF REVISION
A revision constitutes a change or variation to an initially presented—or in-progress—design concept, and is typically a change of less than 1/4 of the design.
A revision is simply meant to be a slight modification or course correction to progress toward the final design.
A new design concept is not considered a revision.
This means that a new design concept would be an addition to the project, and would need to be priced separately, in addition to the current project estimate.
Promotional Products
COLOR OF FINAL PRODUCT
There is no guarantee that colors on products will be exactly what the client sees on an electric monitor or printed from the client’s owned printer. PMS color matching is available on some projects, and will require additional costs as agreed to between the parties.
PROMOTIONAL PRODUCT APPROVAL
Products produced by Rockin H Marketing will require written approval from the client before placed into production.
PROMOTIONAL PRODUCT PRODUCTION TIME
Production does not begin until all the following requirements have been met:
- Payment has been received
- Rockin H Marketing requires that all orders submit prepayment via credit card, check, or money order before production can begin. If the client is set up on net terms, payment is required per written agreement.
- A signed and dated work order or quote has been received- a signed and dated work order or quote acknowledgment containing the client’s signature be submitted before final production can begin.
- Production begins the business day after the items listed above have been received.
PROMOTIONAL PRODUCT ADDITIONAL COSTS
Depending on the nature of your order, other charges may apply. Examples of such charges include:
- Additional print locations
- Variable printing (numbering excluding tickets)
- Additional colors
- Product upgrades
- Pantone matching system (pms) color
- Order cancellations
- Changes made after authorization & approval of order
- Split shipments
- All charges will be fully disclosed up front and before placing an order or before the order goes into production. These charges are the exception and not the rule
Representations, Covenants And Warranties
ROCKIN H MARKETING’S OWNERSHIP OF ITEMS
Rockin H Marketing represents and warrants that Rockin H Marketing is the record and beneficial owner of the events under this agreement, and has good and valid title to the same, free and clear of all encumbrances.
CLIENT’S OWNERSHIP OF ITEMS
Client represents and warrants that client is the record and beneficial owner of the memberships, computer programs, and upgrades under this agreement, and has good and valid title to the same, free and clear of all encumbrances.
ROCKIN H MARKETING’S ORGANIZATION
Rockin H Marketing represents and warrants that it is a corporation duly organized, validly existing and in good standing under the laws of the state of Texas. Rockin H Marketing has full corporate power to own its properties, assets, and business and to carry on its business as now conducted and has paid all fees payable to date to keep company in good standing in the state of Texas.
CONDITION OF PERSONAL PROPERTY
All tangible items transferred or used under this agreement are presented “as is” condition and Rockin H Marketing makes no representation or warranty concerning their condition, usability, or fitness for any particular purpose.
ACCESS TO INFORMATION
Client must provide entry and access to all relevant sites, equipment and other information in its control or possession that is necessary for Rockin H Marketing to fully complete the work. Rockin H Marketing is not responsible for the quality or accuracy of data or information, nor for the methods from which the data was developed, where such information or data is not provided by or through client. Rockin H Marketing has no obligation to investigate facts or conditions not disclosed by client.
INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS
The client agrees that if it is notified or otherwise obtains knowledge of any actual or alleged infringement of the trademarks or any other intellectual property rights of Rockin H Marketing by a third party the client will promptly notify the Rockin H Marketing.
TRADEMARKS – Ownership
The client acknowledges Rockin H Marketing’s exclusive ownership of the trademarks of Rockin H Marketing and acquires no right, title or interest in or to the trademarks hereunder. Any and all goodwill associated with the trademarks will inure exclusively to the benefit of Rockin H Marketing. During any term agreement, the client shall not attempt to register any of the trademarks or any trademarks, service marks, logos, brand names, trade names, domain names and/or slogans confusingly similar to the trademarks.
Refunds, Exchanges, Product Warranty
REFUNDS
Rockin H Marketing will not refund any customized product, graphic design, or monthly service.
EXCHANGES
Rockin H Marketing will only exchange blank items that have not been customized within 10 business days of receipt by client. All packaging, tags, and construction must be intact and not altered.
Blank clothing that has been worn, washed, damaged or has missing tags will not be exchanged.
PRODUCT WARRANTY
Rockin H Marketing does not warranty any product or service. For warranty info on select products, contact Rockin H Marketing for manufacturer contact information.
Sales Tax, Shipping, and Payments
SALES TAX
Texas sales tax will be added at a rate of 8% to all orders shipped to a Texas address when applicable. If your organization is tax exempt and a valid tax exemption number is provided at the time of placing the order, then you will not be assessed sales tax. If your order is not being shipped to a Texas address, you will not be charged sales tax. Sales tax is not applied to the shipping portion of your order.
PAYMENTS
Pre-pay client
All new clients to Rockin H Marketing will be asked for pre-payment of their first order of products or service
Net term client
To be eligible for net payment terms, clients must complete a credit reference form and return it back to Rockin H Marketing.
Approval or dismissal of net payments terms will be communicated to the client in writing.
Not all clients will be approved for net payment terms
Net payment terms of the invoice due date vary between clients
Late invoice fee
12% of the total cost of the invoice will be charged on any past-due invoice.
Credit cards
Clients that have provided Rockin H Marketing with a credit card authorization, Rockin H Marketing shall be entitled to charge the invoice amount and interest against such card.
Check policy
All checks must be paid to Rockin H Marketing. Checks must be mailed to the address of 11601 west county road 52, midland, Texas 79707
Returned check policy
If a check is returned to Rockin H Marketing, the client will be responsible for paying the full amount of the check that was returned as well as a $50.00 returned check fee an any other bank charges associated with the bad check.
Payment must be received within 10 business days of being notified of a returned check or the client account could be turned over to the district attorney’s office for collection.
