Commercial Licensing Terms

POINTE EMMA — COMMERCIAL LICENSING TERMS

Version 1.0 | Last Updated: October 17, 2026

These Commercial Licensing Terms ("Terms") govern the purchase and use of commercial artwork licenses offered by Pointe Emma ("Licensor").

By purchasing and using a commercial license, the purchaser ("Licensee") agrees to comply with these Terms and the specific conditions stated in the applicable License Confirmation.

1. Scope of the License

Subject to payment and written confirmation, Pointe Emma grants the Licensee a limited, non-exclusive, non-transferable license to reproduce one approved Pointe Emma artwork on physical merchandise for commercial purposes.

Each standard license covers:

  • One specifically approved Pointe Emma artwork.

  • One registered business.

  • Up to two approved merchandise product types.

  • The maximum production quantity specified in the selected license.

  • The permitted sales channels.

  • The selected license period.

All rights not expressly granted remain reserved by Pointe Emma.

2. License Types and Fees

Studio License

Designed for independent studios and small businesses producing merchandise in limited quantities.

Pricing:

  • 1 Year: $300 USD

  • 2 Years: $480 USD

License includes:

  • Up to 100 physical merchandise items in total.

  • One approved artwork.

  • Up to two merchandise product types.

  • Sales at one registered physical studio or business location.

  • Non-exclusive commercial usage rights.

Online sales are not included.

Business License

Designed for businesses producing larger merchandise collections and selling through their own online stores.

Pricing:

  • 1 Year: $1,000 USD

  • 2 Years: $1,600 USD

License includes:

  • Up to 1,000 physical merchandise items in total.

  • One approved artwork.

  • Up to two merchandise product types.

  • Sales at one registered physical business location.

  • Sales through one approved online store owned or operated by the licensed business.

  • Non-exclusive commercial usage rights.

Third-party marketplaces and wholesale distribution are not included.

Custom License

Starting at $1,500 USD.

Custom licensing is available for projects involving:

  • More than 1,000 merchandise items.

  • Multiple artworks.

  • More than two merchandise product types.

  • Multiple retail locations.

  • Third-party marketplaces or wholesale distribution.

  • Exclusive licensing arrangements.

  • Other commercial uses outside the standard licenses.

Pricing, license duration, production quantities, and permitted uses are determined individually and confirmed in a separate written agreement.

3. Artwork and Merchandise Types

Each license applies to one specifically approved Pointe Emma artwork.

The artwork may be reproduced on up to two approved merchandise product types.

Different sizes and colors of the same product type are considered part of that product type, provided the underlying product and artwork remain substantially the same.

For example:

  • T-shirts in different sizes and colors count as one product type.

  • Tote bags count as a second product type.

  • Sweatshirts, mugs, posters, and other distinct products are considered separate product types.

Using additional artwork or expanding to further merchandise types requires separate written authorization.

4. Production Quantities

The production limit refers to the maximum number of completed, saleable physical merchandise items manufactured under the license.

The limit applies to the combined quantity across all approved merchandise types, including items sold or distributed free of charge.

For example, producing 60 T-shirts and 40 tote bags represents 100 items in total.

Production allowances apply to the entire license period and do not reset annually.

A two-year Studio License therefore permits a maximum of 100 items over two years, not 100 items per year.

Defective items that are destroyed and never distributed do not count toward the production allowance.

The Licensee must maintain reasonable production records and provide confirmation of quantities upon reasonable request.

Additional production requires prior written authorization, a license upgrade, or a new license.

5. Permitted Sales Channels

Studio License

The Studio License permits direct sales and distribution at one registered physical studio or business location.

The Licensee may promote the merchandise through its website, social media, newsletters, and other marketing communications.

However, online checkout, third-party marketplace sales, and other forms of remote commercial distribution are not permitted under the Studio License.

Business License

The Business License permits:

  • Direct sales at one registered physical business location.

  • Direct-to-consumer sales through one approved online store owned or operated by the licensed business.

  • Fulfillment through an authorized third-party production or fulfillment provider.

Sales through Etsy, Amazon, independent retailers, wholesale distributors, or other third-party marketplaces are not included unless separately authorized in writing.

Additional sales channels require prior written approval.

6. Promotional Use

The Licensee may use photographs and images of authorized merchandise for promotional purposes.

Permitted promotional channels include:

  • Business websites.

  • Social media.

  • Email newsletters.

  • Printed promotional materials.

  • Approved online product listings under the Business License.

Promotional use must relate to the authorized merchandise and must not imply endorsement, sponsorship, or an official partnership with Pointe Emma unless separately agreed in writing.

7. Third-Party Manufacturing

The Licensee may engage a professional printer or manufacturer solely to produce merchandise within the licensed scope.

The Licensee may provide the necessary artwork files to such providers for authorized production.

Third-party manufacturers may not independently reproduce, resell, redistribute, or otherwise use the artwork.

Manufacturing partners receive no independent license.

The Licensee remains responsible for ensuring that its manufacturing and fulfillment partners comply with these Terms.

8. Prohibited Uses

Unless separately authorized in writing, the Licensee may not:

  • Manufacture merchandise beyond the licensed production quantity.

  • Use the artwork on additional merchandise product types.

  • Use the artwork for another business or additional business locations.

  • Sell through unauthorized online marketplaces, retailers, or wholesale channels.

  • Sell, share, transfer, sublicense, or distribute the artwork files to third parties, except authorized manufacturers for permitted production.

  • Sell the artwork as a standalone digital file, printable design, downloadable asset, or other digital product.

  • Substantially modify, redraw, or create derivative artwork without permission.

  • Register or claim ownership of the artwork as the Licensee's intellectual property.

  • Transfer the license to another individual or business.

  • Continue manufacturing or distributing merchandise beyond the authorized license period, except as expressly permitted under the sell-through provisions.

9. Copyright and Intellectual Property

All original Pointe Emma artwork remains the intellectual property of Pointe Emma.

Purchasing a commercial license grants limited permission to use the specified artwork within the approved terms. It does not transfer copyright, ownership, or exclusive rights.

Pointe Emma retains the right to reproduce, display, sell, and license the artwork to others.

Any third-party names, logos, trademarks, or other protected materials incorporated into an artwork remain the property of their respective owners.

The Licensee is responsible for obtaining any necessary permissions for third-party materials supplied for inclusion in the artwork.

The Licensee may not register or claim the licensed artwork as its own trademark, copyright, or other intellectual property.

10. License Duration and Expiration

Licenses are available for one or two years.

The license begins on the effective date specified in the written License Confirmation.

The production allowance remains unchanged regardless of the selected duration.

Licenses do not renew automatically.

Upon expiration:

  • No additional merchandise may be manufactured.

  • Merchandise lawfully manufactured within the licensed quantity during the license period may be sold for an additional 60 days.

  • Promotional use during this period must be limited to the sale of remaining authorized merchandise.

  • Any continued production or commercial distribution beyond the permitted period requires a renewed or additional license.

The 60-day sell-through period does not apply to licenses terminated for material breach.

11. Renewals and License Upgrades

The Licensee must contact Pointe Emma before exceeding the permitted production quantity, expanding merchandise types, or using additional sales channels.

Renewals and upgrades are subject to separate written authorization and any applicable additional fees.

Unused production quantities do not automatically carry over to a subsequent license.

A previously purchased license does not guarantee future renewal at the same price.

12. Artwork Creation and Production Files

Commercial licensing and artwork creation are separate services.

The commercial license fee does not include:

  • Creation of new artwork.

  • Custom illustration services.

  • Additional design revisions.

  • Merchandise manufacturing.

  • Printing, shipping, or fulfillment costs.

Once the licensed artwork and usage details have been confirmed, Pointe Emma will provide the applicable production artwork in an agreed digital format.

Artwork files may be shared only with authorized manufacturing partners for permitted production.

The Licensee must take reasonable measures to prevent unauthorized access to or distribution of the artwork files.

13. Licensee Responsibilities

The Licensee is responsible for:

  • Merchandise manufacturing and production arrangements.

  • Product quality and safety.

  • Compliance with applicable product and consumer protection laws.

  • Inventory management.

  • Distribution and customer service.

  • Maintaining reasonable production records.

  • Obtaining necessary permissions for any third-party intellectual property incorporated into the artwork.

Pointe Emma does not guarantee merchandise sales, revenue, or commercial profitability.

14. Cancellation and Refunds

If Pointe Emma is unable to approve or provide the purchased license, the applicable license fee will be refunded.

Before the license has been confirmed and the applicable artwork files delivered, the Licensee may request cancellation.

Once the license has been issued and the artwork files provided, refunds are generally not available unless required by applicable law or expressly agreed by Pointe Emma.

Nothing in these Terms excludes or limits any mandatory rights that cannot legally be waived.

15. Breach and Termination

If the Licensee materially breaches these Terms, Pointe Emma may request that the unauthorized activity cease and that the breach be remedied.

Where appropriate, Pointe Emma may provide written notice and a reasonable opportunity to resolve the breach.

Pointe Emma may terminate the license if a material breach remains unresolved, subject to applicable law.

Following termination, the Licensee must cease unauthorized manufacturing, sales, and distribution of the artwork and merchandise.

Termination does not transfer or extinguish Pointe Emma's intellectual property rights.

16. License Confirmation

Each commercial license purchase will be accompanied by a written License Confirmation identifying:

  • The licensed business.

  • The approved artwork.

  • The license type.

  • The approved merchandise product types.

  • The authorized business location.

  • The permitted online store, where applicable.

  • The production allowance.

  • The license effective date and expiration date.

  • The applicable version of these Terms.

Commercial reproduction rights become effective only after payment and written confirmation of the approved artwork and usage scope by Pointe Emma.

17. Changes to These Terms

Pointe Emma may update its standard Commercial Licensing Terms for future purchases.

Unless otherwise agreed in writing or required by law, the version applicable to an existing confirmed license remains the version identified in the original License Confirmation.

18. Questions and Disputes

If a question or dispute arises regarding the interpretation or performance of these Terms, the parties should first seek to resolve the matter through good-faith communication.

Nothing in these Terms limits any statutory rights or legal remedies that cannot be excluded under applicable law.

19. Contact

For licensing inquiries, renewals, additional permissions, or questions regarding these Terms, please contact Pointe Emma through the official store contact page.

© Pointe Emma. All rights reserved.