Artist Agreement for Commissioned Works

1. Terms of reference:

• a) “The Artist” shall refer to you as an artist member on Phokki.com.
• b) “Jobs” shall refer to digital photos assigned to the Artist for the purpose of digital styling commissioned work.
• c) “Cash out” shall refer to the action that the artist submits the payment request for digital commissioned work fees payable.
• d) “Cash out Duration Term” shall refer to the duration starting from the time the Artist file for Cash out to the date the actual payment is issued.
• e) “Earnings” are described on our website and are incorporated into this Agreement by reference. All prices are in US dollars. Prices and products may change at Phokki's discretion

2. The Artist shall be contracted to the following:

• a) Accept jobs that are assigned by Phokki and perform digital styling services on the jobs in accordance to the specified parameters.
• b) Complete the Job within the number of days specified, starting from the time the Job is assigned to the Artist to the time the Artist uploads it onto Phokki.com .

3. Phokki shall be contracted to the following:

• a) Maintain the Phokki web portal for the Artist Selection and Submission of Jobs.
• b) Make payment to the Artist for Jobs which have been successfully transacted.

4. Copyright

The Artist will retain ownership of the Content you upload to Phokki, unless the Content is considered a commissioned work in which case the ownership will be transferred to the buyer of the Content.

5. Payment

The Artist may opt to Cash out anytime, subject to the following condtitions:

• a) Cash out Duration Terms. Within 45 days following the Cash out date, Phokki will transfer the credits to registered Paypal account or send you a check for Earnings, you have earned for the relevant month. However, if the Earnings payable to you for any month are less than $100.00, Phokki will hold your Earnings until the total amount due is at least $100.00 or until this Agreement is terminated.
• b) Processing Fees. If Phokki owes you accrued Earnings that are less than $100.00 for at least 365 days, then Phokki may send you payment of such accrued Commissions minus a $5 processing fee. If the amount of accrued Commissions is under $5 for at least 365 days, such amount will be used to cover Phokki's administrative costs and no payment will be made to you.
• c) Termination Fees. If you or Phokki terminate your Account, and you have less than $100 in accrued but unpaid Earnings then outstanding, Phokki may charge you a $5 processing fee when sending you your final payment to cover its administrative costs.

6. Validity

This agreement shall be valid throughout the entire duration of the membership.

7. Event of Invalid Provisions

In the event that any one or more of the provisions contained in this contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this contract; and this contract shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein.