Exclusive Merchandise Usage Licence
This page gives a simple overview of the MiraFeld Exclusive Merchandise Usage Licence.
MiraFeld licences are created to protect both the customer and MiraFeld. They are not intended to make the process feel complicated or distant, but to make sure the artwork is held with care, the terms of use are clear, and both parties understand what has been agreed.
When you purchase a MiraFeld licence, the intention is that you feel secure in your purchase, confident in how you are allowed to use the artwork, and supported in choosing the licence that fits your plans. MiraFeld values clear communication, respectful use of creative work, and a licensing process that feels transparent rather than confusing.
This summary is here to help you understand the main rights, restrictions, and responsibilities before reading the full licence document.
The full licence document is the legally binding agreement. This summary is provided as a plain-English guide to make the key terms easier to understand before purchase.
What This Licence Is For
The Exclusive Merchandise Usage Licence is for businesses, brands, organisations, or individuals who want to produce and sell approved products featuring a MiraFeld artwork.
This licence allows you to use the artwork on agreed merchandise, within the approved product types, sales channels, and production limit set out in your licence.
This may include approved products such as:
apparel
prints
accessories
stationery
packaging-based products
other physical or digital products agreed in writing
You may use the artwork only within the agreed scope, including:
approved product types
approved sales channels
approved production limit
any other agreed restrictions or special conditions
You may also make standard formatting adjustments needed for production, such as resizing, placement adjustments, and file preparation.
These adjustments must only be made for the purpose of producing the approved merchandise.
The exact products you are allowed to produce will be listed in your licence.
Production Limit
This licence includes a Production Limit.
The Production Limit is the maximum number of units you are allowed to produce under the licence.
All units count toward this limit, including units that are:
sold
unsold
held in stock
damaged
withdrawn
discarded
destroyed
You must not exceed the Production Limit unless MiraFeld gives written approval.
If you want to produce more units, you may request additional production rights in writing. MiraFeld may approve or refuse the request.
If additional production rights are approved, an additional licence fee or revised terms may apply. No extra units may be produced until the written approval has been confirmed and any required fee has been paid.
Approved Products and Sales Channels
This licence only allows use of the artwork on the product types and sales channels agreed in your licence.
For example, if your licence approves use on t-shirts sold through your own website, that does not automatically allow use on mugs, tote bags, wholesale distribution, marketplaces, or large-scale print-on-demand platforms.
Any new product type, sales channel, or expanded use must be discussed with MiraFeld and confirmed in writing.
Optional Business Branding Rights
This licence does not automatically include business branding rights unless they are included in your licence.
If business branding rights are included, you may use the artwork as part of your business visual identity within the approved scope.
This may include approved use across:
website
social media
marketing materials
promotional materials
selected visual identity materials
However, branding rights must be clearly included in your licence.
If business branding rights are not included, this licence is limited to the approved merchandise use only.
What This Licence Does Not Allow
This licence does not allow unlimited use of the artwork.
You cannot use the artwork outside the approved scope of your licence.
This means you cannot:
exceed the approved Production Limit
produce unapproved product types
sell through unapproved sales channels
use print-on-demand platforms at scale without written approval
use the artwork for business branding unless branding rights are included
use the artwork as a logo unless expressly approved
register or attempt to register the artwork as a trademark without written consent
resell the artwork files as a standalone asset
distribute the artwork files
sublicence the artwork to another person or business
transfer the licence to someone else
claim that you created the artwork
claim copyright ownership of the artwork
create derivative works beyond what is reasonably required for product design, layout, or production formatting without written consent
use the artwork in a way that damages the reputation, value, or artistic integrity of MiraFeld or the artwork
In simple terms: this licence lets you sell approved products featuring the artwork, but only within the agreed product types, sales channels, and production limit.
Copyright and Ownership
Purchasing this licence does not transfer ownership of the artwork to you.
MiraFeld remains the copyright owner and intellectual property owner of the artwork.
You are purchasing permission to use the artwork in specific approved merchandise ways.
You must not claim ownership, authorship, or copyright in the artwork.
Trademark Use
This licence does not automatically give you the right to register or use the artwork as a trademark.
You may not register or attempt to register the artwork as a trademark without MiraFeld’s prior written consent.
If trademark permission is requested, MiraFeld may approve, refuse, or place conditions on that approval.
Modification of the Artwork
You may make standard formatting adjustments needed for production, such as resizing, placement adjustments, and file preparation.
If optional branding rights are included, you may also make approved formatting adjustments such as resizing, recolouring, or cropping for the approved branding use.
You must not significantly modify, distort, adapt, or create derivative works from the artwork beyond what is reasonably needed for approved production or formatting, unless MiraFeld gives written consent.
File Delivery
The artwork will generally be supplied as digital files in the following formats:
PNG
JPEG
PDF
SVG
These are the standard file formats provided by default.
If you require another file type, such as AI, EPS, or another specific format, you may request this before or after purchase. Additional file types may be provided where available and suitable for the artwork.
Files will usually be delivered by email as a ZIP folder containing the supplied artwork files.
Once the files have been delivered, you are responsible for securely downloading, storing, backing up, and protecting the files from unauthorised access, copying, disclosure, or distribution.
Your Responsibilities
You must use the artwork only in the ways allowed by the licence.
You are responsible for making sure all merchandise is produced, presented, and sold to a reasonable professional standard.
You are also responsible for your own production, manufacturing, quality control, product safety, packaging, labelling, advertising, distribution, and sales practices.
You must keep the artwork files secure.
You may provide the artwork files to employees, contractors, printers, or manufacturers only where reasonably necessary to produce the approved merchandise.
You remain responsible for how those people use the artwork.
You must also notify MiraFeld if you become aware of any unauthorised access, copying, disclosure, or use of the artwork.
Record Keeping
You must keep accurate records of merchandise produced under the licence.
These records should show the number of units:
produced
sold
held in stock
withdrawn
damaged
discarded
destroyed
You must keep these records for at least three years after the agreement ends.
MiraFeld may request a written summary of these records to check that the licence terms are being followed.
MiraFeld may request this up to two times in any 12-month period, unless there is a reasonable concern that the licence has been breached.
Any non-public business information shared during a compliance check must be kept confidential and used only for checking compliance with the licence.
If Someone Else Copies or Misuses the Artwork
If you become aware of unauthorised use, copying, or infringement of the artwork by someone else, you must notify MiraFeld promptly.
MiraFeld decides whether and how to respond to third-party infringement.
Where appropriate, MiraFeld may take reasonable steps to investigate and limit the infringement.
You may be asked to provide reasonable assistance if needed.
If the Licence Is Misused
If the artwork is used outside the licence terms, the licence may be terminated.
Examples of misuse include:
exceeding the Production Limit
producing unapproved products
selling through unapproved channels
sublicensing or distributing the artwork files
reselling the artwork as a standalone asset
using the artwork for branding when branding rights are not included
attempting to register the artwork as a trademark without permission
deliberately using the artwork outside the agreed scope
If a breach can be fixed, the breaching party usually has 30 days after written notice to correct the issue.
Some serious breaches may lead to immediate termination, especially deliberate commercial misuse, unauthorised resale, sublicensing, distribution, or deliberately exceeding the Production Limit.
If the Licence Ends
If the licence ends, you must immediately stop producing any new merchandise featuring the artwork.
Unless otherwise agreed in writing, you must not create new listings or expand sales of merchandise using the artwork.
You may need to provide MiraFeld with a written statement showing the total number of units produced, sold, and remaining in stock.
If the licence ends for reasons other than serious breach, you may be allowed to sell through existing, compliant stock for a 90-day transitional period.
During that period:
no new units may be produced
all other licence terms still apply
any remaining stock at the end of the period must be dealt with as agreed in writing with MiraFeld
This may include destroying, donating, or retaining remaining stock for non-commercial purposes, depending on what is agreed.
Fees and Royalties
The licence fee is set out in your licence.
Unless otherwise stated, the licence fee is paid in full upfront.
Unless the licence specifically says otherwise, no royalty is payable.
If a royalty is agreed, the royalty amount, reporting obligations, payment dates, and calculation method must be set out in writing.
The licence takes effect only once the licence fee has been paid in full.
MiraFeld is not currently registered for GST, so no GST is charged on the licence fee.
MiraFeld’s Promises
MiraFeld confirms that, to the best of its knowledge, the artwork is an original work and does not infringe the intellectual property rights of any third party.
MiraFeld also confirms that it owns, or otherwise has the right to licence, the artwork under this agreement.
MiraFeld confirms that, to the best of its knowledge, the licence granted to you does not conflict with any previous agreement or licence.
The artwork is offered as an original artistic work, and this licence reflects its exclusive, limited, and carefully managed use.
If a third party raises a concern about your authorised use of the artwork under this licence, MiraFeld will provide reasonable assistance in responding to that concern, provided your use has stayed within the agreed licence terms.
MiraFeld’s Retained Rights
Even though the artwork is licensed exclusively to you, MiraFeld may still display the artwork as part of its portfolio, website, social media, promotional materials, or past work examples.
MiraFeld may also mark the artwork as sold, licensed, or unavailable.
MiraFeld will not otherwise licence the same artwork to another person or business unless you give prior written consent.
MiraFeld may still create and licence new original artworks that are stylistically similar, provided they are not substantially identical to the artwork licensed to you.
Governing Law
This licence is governed by the laws of New South Wales, Australia.
Link To Full : Merchandise Usage Licence
