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Rights of use regarding external design proposals for Aural Sculptures by 3BE

The following terms apply to all collaboration with external artists and designers who provide 3BE with individual proposals for the design of loudspeaker housings and stands to be produced and marketed by 3BE, a brand of Bernd Marsch Unternehmungen GmbH. In the following, “3BE” is used as synonym for “Bernd Marsch Unternehmungen GmbH”.

Design submission

Design ideas can be acknowledged by 3BE if they are submitted via the electronic application form provided on the homepage of 3BE and free of charge for 3BE. The so provided design idea is subject to a first review within 3BE. Based on this review, 3BE will send their initial feedback to the presenter. This feedback will be either a signal of general interest or a polite rejection.


3BE is not obligated to give reason for their rejection to the presenter except for the case that the respective design idea seems too similar to another design that is already filed and/ or executed.

In the case of rejection by 3BE all the rights and responsibilities of use for the respective design stay exclusively with the presenter.

Consultation and contract formation​

In the case of general interest, 3BE will establish together with the presenter a joint step-by-step process to develop the respective design idea virtually to a fabricable equipment (“Sculpting”).
 

3BE will make a basic financial offer to the presenter for the unlimited rights to use the respective design idea, based on the economic evaluation of further development and marketing, once the Sculpting process is agreed with the presenter (“Sculpting Agreement”). If presenter and 3BE do not agree about Sculpting process and/ or Sculpting Agreement, terms as per rejection by 3BE from above shall apply.

Rights and Commission​

With the start of the joint Sculpting process, 3BE earns the unlimited, non-exclusive right to use the respective design idea from the presenter.

 

With the successful conclusion of the Sculpting process, the presenter earns the right to amend the eponym to the model of the respective Aural Sculpture ({Model name of Aural Sculpture} “by {eponym}”).

 

With the successful conclusion of the Sculpting process, 3BE earns the right to offer a commission of up to 5% of the succeeding sales of the so designed Aural Sculptures to the presenter, allowing 3BE for the unlimited, exclusive right to use the respective design idea from the presenter. Presenter is obligated to accept 3BE’s offer without further negotiation if the offered commission is not less than 5%.

Cancellation

Shall Sculpting be broken up by any of the parties without successful conclusion as above, 3BE shall fund the presenter pro rata based on the basic financial offer and actual progress in Sculpting as above. All other terms as above apply accordingly.
 
Last update: October 2, 2021