Sell on Zazzle

Creator License Agreement

Effective April 1, 2025 The terms of this Creator License Agreement ("Creator License Agreement") apply if you create Products with Zazzle’s design tools and/or post Content to be displayed and/or offered for "Distribution" (i.e., for use on digital or physical Products) and/or sales via the Site. Users of the Site who upload Content for digital or physical Products are referred to as "Creators." Users of the Site who refer purchasers to the Site are referred to as "Ambassadors." This Creator License Agreement is part of Zazzle’s Terms of Use. Any capitalized terms not defined herein shall be as defined in the User Agreement.

1. Licenses

1.1. As specified in Section 26.2 of the User Agreement, you retain all ownership (e.g., copyright and/or trademark) rights to your Content submitted to the Site.

1.2. By uploading Content to the Site and/or creating Content with Zazzle's design tools, you grant the following licenses to Zazzle:

1.2.1. the nonexclusive, worldwide, transferable, sublicensable (through multiple layers) right to use, reproduce, publicly display, sell, and distribute the Content (a) in or on Products and (b) in advertising, marketing, samples, and promotional materials for the purpose of promoting the Site, Zazzle’s services, your Content and/or Products. Without limitation, this promotion, marketing, or advertising may consist of: (i) display of your Content and/or Products; (ii) promotional "streams" of audio/video/photographic content, including but not limited to your Content, on the Site; (iii) Product or Content placement in magazines, television shows, movies, and other media; and (iv) the Distribution of Content and Products available on the Site through third party product feeds and websites.

1.2.2. the license and the right to make modifications to your Content as necessary for viewing/download/sale on a particular Product, as applicable, or for other manufacturing or Site-related purposes.

1.2.3. if you select the "customizable" option, you also agree that Zazzle and Users may make changes to the Content for the purposes of creating and ordering Products: Such changes may include the addition of Content contributed by the User ("User Content"), or Content (i) published for use in connection with other Primary Content, and (ii) offered in Zazzle’s Creator tool(s) ("Secondary Content").

1.3. Content that is: (i) published by Creators using our Creator tools, and (ii) associated with one or more Product type(s) (e.g., t-shirt, Facebook® banner, digital product, tote bag, etc.), is "Primary Content." Primary Content published by a Creator will not be available as digital Product(s) unless the Creator so chooses.

1.4. You understand and agree that: (i) you may delete or hide your Content from the Site, but that due to caching and other operational limitations this procedure is not immediate; (ii) our systems will remove that Content from the Site during regularly scheduled operations; and (iii) Zazzle and its Users may continue to exercise the licenses granted herein through this period. Upon the removal of Content, the licenses above will terminate, except that Zazzle may continue to use or access your Content (i) to fulfill any orders placed prior to termination, (ii) in marketing and promotional materials if such materials were created prior to removal of the Content, (iii) to defend against or respond to infringement claims, and (iv) for other lawful purposes (e.g., audits).

1.5. Marketing and Promotions: Zazzle may market, promote, distribute and sell Products on the Site, on other websites, and/or through distributors and wholesale or retail channels. Zazzle may run promotions (including volume discounts and special sales discounts). Zazzle is responsible for the cost of producing and fulfilling the orders, and you acknowledge that your Royalty will be based on the amount of revenue Zazzle actually receives for the sale of Products.

2. Creator Conduct, Acknowledgements and Agreements

2.1. Zazzle and its community work together for their mutual benefit to keep the Site and related programs and services working properly and in a secure manner. As such, you acknowledge and agree to the following:

2.1.1. At the time you post Content for Distribution, you will be asked to provide information (i.e., Product title, description, tags and/or categories (collectively, "metadata")) about your Content so that Users can search the Site and find relevant Products. You agree to make best efforts to provide accurate, non-misleading, non-infringing information about your Content and you agree not to submit unrelated information in connection with your Content for any purpose.

2.1.2. There are several key pieces of information about your Content and Product(s) that Zazzle uses to help Users find what they are looking for, including but not limited to the metadata. It's very important to accurately label your Content and Product(s). By providing high-quality, accurate information, you help Users find your Product(s) quickly and easily. Inaccurate information can create a frustrating and unproductive shopping experience for everyone on the Site. You agree to only use accurate and relevant terms that describe the specific Content or Product in your listing.

2.1.3. By using the Site, you agree to use the Site and conduct your business in a manner that demonstrates common sense and respect for the rights of Zazzle, other Creators, Users and third parties, and in accordance with applicable laws and regulations.

2.1.4. You agree to set the maturity rating of your Content or Products accurately. In other words, if your Content or Product is only appropriate for mature/adult audiences, you must rate it "R." If it is not appropriate for children, you must rate it "PG-13." If your Content or Product is appropriate for everyone, please rate it “G."

2.1.5. For Content or Products with descriptions that include minimum age requirements, you may only publish Content that is consistent with such requirements.

2.1.6. You may use relevant synonyms in the metadata.

2.1.7. You may use a short descriptive phrase as a tag if it accurately describes your Content.

2.1.8. You should only state what the Product is, not what the Product may become or potential uses for the Product.

2.2. Prohibited Conduct: In using the Site, you agree to NOT do the following:

2.2.1. You must not label Content or Product(s) with related, but inaccurate words.

2.2.2. You may not intentionally misspell your Content or Products (unless such misspelling is part of the Content).

2.2.3. You may not stuff multiple words into a single tag that do not comprise a descriptive phrase.

2.2.4. You may not use words that are derogatory.

2.2.5. You may not use malicious tags or descriptions.

2.2.6. You may not use copyrighted or trademarked material, unless you are the intellectual property holder.

2.2.7. Tags or attributes that are duplicates are not allowed.

2.2.8. You hereby agree not to engage in script writing or other unacceptable backdoor computing practices (e.g., in an effort to post multiple Products for Distribution).

2.2.9. You agree not to post or host objectionable Content or recommend objectionable websites.

2.2.10. You agree not to upload Content that Zazzle determines, in its sole discretion, is primarily intended to promote a product or service.

2.2.11. You may not upload or create Products that are functionally similar to Products offered in the Zazzle Templates store (https://www.zazzle.co.nz/store/zazzle_templates), including but not limited to: (i) Content with text and/or imagery featuring "Your Design Here," "Your Image Here," or the like; and (ii) Products that employ titles and descriptions that either closely simulate or can be misrepresented as a Product offered in the Zazzle Templates Store. Zazzle reserves the right to remove any of your Products that fit this description from the Site.

2.2.12. If you are uncertain as to whether a tag/description falls into one of the categories listed above, contact Zazzle by email at: copyright@zazzle.com.

2.3. Consequences of Prohibited Conduct

2.3.1. Please report problems, offensive Content, and policy violations to us at copyright@zazzle.com.

2.3.2. If problematic or misleading conduct or Content, or Content that violates the rights of a third party, is reported to or found by Zazzle, we may, in our sole discretion, take any or all of the following actions to enforce the terms of this Creator License Agreement and our Terms of Use:

2.3.2.1. Send a notification informing you of the offending action, behavior, tag, spam or description and request that you take corrective action immediately.

2.3.2.2. Make your Content or Product(s) unavailable.

2.3.2.3. Delete your Content or Product(s).

2.3.2.4. Withhold or reverse payment of your Earnings for Products that violate our User Agreement and Terms of Use.

2.3.2.5. Suspend and/or terminate your Account, including but not limited to in the case of certain repeat infringers. You hereby agree to forfeit any Earnings if Zazzle, in its sole discretion, finds it necessary to terminate your Account for violation of the rules in the User Agreement, this Creator License Agreement and/or any of the Terms of Use.

2.3.3. Additionally, we reserve the right at any time to (i) remove, limit, suspend, terminate our service and User accounts; (ii) prohibit access to the Site and any related content, services and tools; (iii) remove Content and Products from the Site; and (iv) discontinue our relationship with any Creators who we determine in our sole discretion are in violation of the above-listed guidelines, including but not limited to tags that infringe the intellectual property rights of third parties, or are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable.

3. Royalty Zazzle will pay you a royalty for all sales of Products incorporating your Primary Content and/or your Secondary Content. “Royalty” or “Royalties” means your Gross Royalty less any applicable Royalty Fees, as those terms are defined below.

3.1. Royalty Rates

3.1.1. For Primary Content When you publish Products incorporating your Primary Content, you will select any royalty rate between the Standard Royalty Rate and the Maximum Royalty Rate as set forth here (“Your Royalty Rate”). You can change Your Royalty Rate at any time and the changes will go into effect periodically as determined by Zazzle.

3.1.2. For Secondary Content For Products incorporating your Secondary Content, Zazzle will pay you a share of the Primary Content Royalty as specified here (“Secondary Content Royalty”).

3.2. Calculating Your Gross Royalty Your Royalty will be calculated as follows:

3.2.1. For Primary Content

3.2.1.1. Your “Primary Content Gross Royalty” is Your Royalty Rate multiplied by the Net Royalty Sales of Products incorporating your Primary Content, plus the Upcharges Gross Royalty, less the Secondary Content Royalty Share:

3.2.1.1.1. For physical Products: “Net Royalty Sales” means the purchase price received by Zazzle, less amounts charged for: (i) shipping and handling, packaging and insurance; (ii) sales or similar taxes; (iii) refunds, credits, and reversals; and (iv) upcharges for special sizes, embellishments, and other add-on charges (“Physical Upcharges”).

3.2.1.1.2. For digital Products: “Net Royalty Sales” means the purchase price received by Zazzle, less amounts charged for: (i) sales or similar taxes; (ii) refunds, credits, and reversals; and (iii) upcharges for special file formats, and other add-on charges (“Digital Upcharges”; collectively with Physical Upcharges, “Upcharges”).

3.2.1.1.3. “Upcharges Gross Royalty”: Zazzle will also pay you a Royalty, at the Standard Royalty Rate, for Upcharges on orders for Products incorporating your Content, subject to deductions for (i) sales or similar taxes; and (ii) refunds, credits, and reversals.

3.2.1.1.4. If any Products contain Secondary Content at the time of Order, your Primary Content Gross Royalty will be reduced by the amount of the Secondary Content Royalty Share, as detailed here.

3.2.2. For Secondary Content: You may upload Secondary Content to the Site, and Zazzle will pay a Royalty as specified here when Products incorporating your Secondary Content are purchased (“Secondary Content Royalty Share”).

3.3. Royalty Fees: When a User buys your Product, Zazzle deducts the following fee(s), if applicable, from your Gross Royalty (collectively, “Royalty Fees”):

3.3.1. Marketing Royalty Fee: If the sale of a Product is to a User referred (i) by an Ambassador from Links (as defined in the Ambassador Program Agreement); or (ii) through Zazzle’s marketing efforts (e.g., social media or affiliate networks, search engines, press release(s), tv/media ads, etc.), then a marketing fee (“Marketing Royalty Fee”), equal to a percentage of your Gross Royalty for the Product as specified here, will be deducted.

3.3.2. Excess Royalty Fee: Zazzle will retain an excess Royalty fee of five percent (5%) of your Gross Royalty for sales of Products for which you select a Royalty rate that is greater than ten percent (10%) (“Excess Royalty Fee”), in order to cover expenses such as payment processing.

3.4. Zazzle's list prices are based upon the Standard Royalty Rate. The Standard Royalty Rate(s) and Maximum Royalty Rate(s) may be updated from time-to-time.

3.5. Zazzle determines the price at which Products are offered on the Site and affiliated sites. You can see Zazzle's standard retail prices here and get more information about volume discounts here.

3.6. If Your Royalty Rate is greater than the Standard Royalty Rate, Zazzle will change the purchase price to reflect the increased Royalty payable to you.

3.7. Royalties earned in currency other than your selected payment currency will be converted to your payment currency and are subject to foreign currency conversion fees.

3.8. Royalties are only paid on Products that incorporate your Content. Zazzle will not pay you royalties on articles or items that are optional or that by themselves are not essential to Products, but when added, they make them more useful, versatile, or attractive (collectively, “Accessories”), even when purchased at the same time as a Product that incorporates your Content. Accessories include but are not limited to shoelaces, hangers, framing, and skateboards wheels and trucks.

4. Payment Terms For Payment Terms, please see the Zazzle User Agreement.

5. Special Programs

5.1. We may make your Content available to some of our partners in connection with certain special programs, arrangements, and Extended Offerings (see "Extended Offerings" section of Zazzle User Agreement for specifics). In such cases, Your Royalty Rate will not apply. Your participation is voluntary, and the terms of the specific program will be announced at the launch of such program and such terms will control the program if you choose to participate.

5.2. We may make certain special programs available to some or all of our Creators. In such cases, your participation is voluntary and if you choose to participate, you will be bound by (i) the terms of the invitation email or any updates; or (ii) once the special program is available to all Creators, the terms posted on the Site, which terms will control. For the sake of clarity, Your Royalty Rate may not apply under such special programs.

6. Representations You hereby represent all of the following:

6.1. You are the owner of the Content, have validly licensed the Content with all rights necessary under Section 26.2 of the User Agreement to offer and sell the Content on the Site, or that the Content is in the public domain.

6.2. You have the legal right to grant the licenses specified herein to Zazzle and to enter into this Creator License Agreement.

6.3. To your knowledge, no one else claims ownership of, or exclusive rights to, the Content.

6.4. The Content does not infringe the privacy, celebrity, moral or other rights of any third party.

6.5. The Content does not contain any defamatory, obscene or discriminatory content or any illegal material.

6.6. Zazzle may legally make and sell Products incorporating the Content without infringing the rights of any third party and without being obligated to make any payments to, or obtain any permission from, any third party.

7. Release If you have a dispute with one or more Users or Creators, you release Zazzle (and Zazzle's officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which states: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

8. In the event that you are reading this Creator License Agreement, and incorporated material, in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.