Transfer of Intellectual Property
ARTICLE 1: Definitions of terms
1a. The person or entity for whom the Coat of Arms is designed
will be referred to as the Armiger.
1b. Deborah Simmons dba DKS Designs who is creating the coat of arms will
be referred to as the Designer or DKS Designs.
1c. A full coat of arms including a shield, motto scroll, mantling, crest
and, if applicable, supporters will be referred to as a full achievement or full achievement of arms .
Any part of the full achievement of arms will be referred to by their individual names as listed above.
1d. A text description of the full achievement or any part of the full
achievement will be termed a blazon or blazon of arms.
ARTICLE2: Transfer of Rights
2a. Except as hereinafter provided FOR GOOD AND VALUABLE CONSIDERATION DKS Designs
("Designer"), located at 601 Almarida Dr. #P7, Campbell, CA 95008, hereby irrevocably transfers and
assigns to ARMIGER and its successors, in perpetuity, all rights (whether now known or hereinafter
invented), title, and interest, throughout the world, including any copyrights and renewals or
extensions thereto, in the blazon and full achievement of arms.
ARTICLE 3: Exceptions and Provisions
3a. Notwithstanding the above language, DKS Designs reserves the right in perpetuity
to use and display this full achievement in full or in part as well, as the blazon of arms, as an example
of its finished work in any print marketing materials, publications or electronic media. DKS Designs also
reserves the right in perpetuity to place an electronic copy of this full achievement or blazon in whole or
in part on a publicly accessible web site, and to make it available for patrons of the any heraldic society,
organization or college of arms as an example of DKS Designs finished work for the purpose of learning and
heraldry education.
3b. Notwithstanding the above language, DKS Designs/Deborah Simmons retains the moral
rights to the work including the right of attribution, the right to have a work published anonymously or
pseudonymously, and the right to the integrity of the work. The preserving the integrity of the work bars
the work from alteration, distortion or mutilation according to the Berne Convention for the Protection of
Literary and Artistic Works. DKS Designs also retains the following rights according to The Visual Artists
Rights Act of 1990: the right to claim authorship; the right to prevent the use of one's name on any work
the author did not create; the right to prevent use of one's name on any work that has been distorted,
mutilated, or modified in a way that would be prejudicial to the author's honor or reputation; the right
to prevent distortion, mutilation, or modification that would prejudice the author's honor or reputation;
the right to prevent the destruction of a work of art if it is of "recognized stature"
3c. Notwithstanding the foregoing, the rights transferred to the armiger are subject
to the following:
3c1. Armiger shall enjoy no rights of any kind in the work unless and
until the armiger shall have paid in full
to Deborah Simmons/DKS Designs in collected funds the agreed upon price for all the work and all
related costs, if any.
Any request to DKS Designs to create a coat of arms either via the Design Request form on this website
or by direct email, snail mail, phone or fax will constitute an agreement to all of the above terms without exception.