Envato Exclusive AuthorExclusive author of Envato
Must all my articles be exclusive? Eligibility is defined at bank accounts only and is opt-in. Whilst your affiliate accounts are exclusive, only the articles (and related articles) you are selling through your affiliate accounts are. To be an exclusive author with us, in other words, does not mean that everything you design must be exclusive to Envato.
It is the elements, not you as the author, that are exclusive to Envato. When you want to make some of your products exclusive and others non-exclusive, you can set up two separate albums - an exclusive one and a non-exclusive one. While you can modify the exclusive state of an email address at any point, if you unsubscribe, you will have to allow 30 workingdays for the modification to take effect.
By the end of the 30-day term (from the date on which you modify your balance ) you will be able to sell the articles on this balance outside Envato, and the author's fees you paid to Envato will be changed to the non-exclusive tariff. The decision for exclusive rights becomes effective immediately.
Is exclusiveness also valid for related articles? When you decide to make an article available on an exclusive base, all articles that you add to the same product family must also be resold or redistributed through Envato. One product family consists of two or more elements that seem to be related to the customer, usually through a brand-name or conventions.
Article versions: Elements that appear as "versions" or otherwise from the same "product line". Article releases may differ in terms of styling, functionality, names, or audiences, but appear to be related or related in some way to end user. Articles + Add-ons: An element and its add-on component, where the add-ons are conceived in such a way that they supplement or expand the element and only work in connection with the element (not independently).
Elements that have been port for work on other plattforms or with other software/technologies. Articles provided in different ways, such as through a packaged hosting service or SaaS offer, that enable the article to be accessed or a similar and substituteable end-use of the article. The Envato company has the right to decide whether two articles belong to the same family.
Our applied primer test is: Would a sensible client come to the conclusion that the articles are interconnected? Articles within a product family are exclusive even if we do not currently support/allow the respective article to be submitted to Envato. Although we do not currently allow the use of seperate "lite" WordPress topic releases on the Envato market, you cannot sell the "lite" release of your exclusive topic outside of Envato instead.
Is there an exception to exclusive status for articles belonging to the same product family? Yes, there are several important exemptions from exclusive status for articles from the same product family. All AudioJungle writers are allowed to provide iTunes® (and other similar sites for their own use) with personalized audio releases of their exclusive songs.
WordPress Envato writers and plug-ins may provide free of charge on wordpress.org Site dedicated Site Releases (a release with restricted functionality) of their exclusive WordPress topics and plug-ins. The Envato writers are allowed to provide add-ons to their own exclusive key pieces both on Envato and on their own private website.
However, if the key piece itself is sold outside Envato (either by the author or by a third party), Envato writers may still sell add-ons for it only through Envato, even if they would otherwise be regarded as part of a product family. VideHive author (s) are authorized to provide various clip (s) from exclusive material recorded outside Envato during the same screening, even if such clip would otherwise be deemed part of a product family.
Where Envato does not currently endorse an article class for a particular site, Envato's author (s) are allowed to provide multi-platform porting of their own exclusive articles for that site only on their own personally owned website, provided that the author informs us (so that we can deal with the endorsement of the site) and such articles must be provided solely on Envato as soon as the article class is in existence or the site is otherwise endorsed on Envato.
Except for these important exclusions, there are no other conditions under which you may make your exclusive articles (or related articles) available outside of Envato without violating this Privacy Statement. How about similar articles that are not presented to the customer as related? When an Author Article differs so much from its exclusive articles that it can be considered as a stand-alone article by Envato, you may place it elsewhere unless it is presented to the customer as related to the exclusive article (see the section above on related articles).
If, however, the author's article is considered by Envato employees to be "too similar" to their exclusive articles and cannot be accepted as a stand-alone article, you may not place it elsewhere, even if it is not presented to the customer as associated with the exclusive article.
The same shall apply to articles which have been refused. To determine whether the elements are too similar, Envato employees will examine a number of comparative elements between the two elements, include, but not be restricted to, functional, feature, design and benefit differentials, and make a call on the basis of their reasonable opinions as experts in the field of contents.
You are free to choose to provide public access and production-related service with regard to your exclusive products outside Envato, provided that the service does not lead to the supply of such products or effect substitute products as provided in the Service Supply Variants limitation above. Non-supply includes, for example, trainings on the use of your article, additional assistance beyond that provided by Envato, as well as install ing/adapting assistance for an article for which a Envato licence has already been acquired.
You may not, however, provide public or production-related service (including version SaaS) in connection with your exclusive products outside Envato that would cause a client to gain unauthorized use of your products or a substitute end user on the basis of your products if the client did not purchase a licence to Envato.
You may not, for example, embed your own exclusive design as part of a "MyTheme Website Solution" feature available through your own website. This type of product can only be offered to clients who have acquired a licence from Envato for their exclusive use. The provision of general website housing or other publicly available non-exclusive offerings is permissible.
Use your own exclusive objects in conjunction with your own personally-owned project or general professional activity without obtaining a licence from Envato, provided that the project or activity is not directly related to the object or part of a publically accessible activity as above forbidden.
You can use your own exclusive song, for example, to make a commercial for a customer or your own individual work. Use your own exclusive design to build a custom website for a customer engagement. Please note that you are not allowed to purchase your own item on Envato (exclusively or not) under our Authoring Conditions as a safeguard against deceptive or infamous behavior.
Do the exclusiveness also apply to third Party goods and sevices (including other authors)? You may not, if you elect to make your Articles available on an exclusive base, cooperate with any individual or company that provides any product or service that, if provided by you, would violate this Article exclusivity guideline (and in this connection, participation as a proprietor, affiliate or contracting partner in any agreement that directly or indirectly authorizes the provision of such product or service).
So if you are the author of a topic solely for sale at Envato, you should not authorize an outside author to make an add-on for that topic and resell it outside of Envato, nor should you authorize any other Envato author to make a multi-platform portal for that topic and resell it outside of Envato (even if he does not resell it solely at Envato).
Unless you are the author of an exclusive song, you should not hire an outside performer to make a remake of that song and resell it outside of Envato, nor should you hire another Envato performer to make and resell a remake of that song outside of Envato (even if he is not the exclusive reseller on Envato).
If I violate exclusiveness, what happens? You must either set the state of your nonexclusive balance or make this setting on your name. If your affiliate balance changes to non-exclusive, the authoring fees you charge for using our site and service will raise the non-exclusive fees. For more information, see the Envato royalty overview.
Meanwhile, we may also raise the royalty you are paying on the non-exclusive royalty from the date we become advised of the violation until the effectiveness of the modification to the bank statement. Or deactivate your affiliate if your violation is deemed serious enough. When we discover that your products are within the same product family, it is likely that we will ask you to set the state of your product to non-exclusive.