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| Participating Artist's Agreement
Outlines the terms for selling art work at Arttowngifts.com |
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| Introduction | What
Makes Us Different | Our
Winning Circle |
Who Can
Participate? | Kinds
of Artwork | What
Do We Provide? | What
is Expected of Artists? | About
Arttowngifts.com | How
We Charge? |
Artist
Referral Program |
Steps
to Apply | Artist Participating
Agreement | Artist
- FAQ | Taking
Product Photos | Apply
Today |
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| PARTICIPATING
ARTIST’S AGREEMENT |
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| This agreement states
the terms by which SPECIALTY VILLAGE, INC. dba
ARTTOWNGIFTS.COM, a Delaware Corporation will
offer for sale works of art on our website or
through other means. |
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| Participating
Artists of Arttowngifts.com agree
to abide by the following Artist's Terms of Service: |
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| DEFINITIONS |
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ARTIST refers
to Participating Artists such as artists, crafters,
or other artisans who create products and make
their work available for sale through ARTTOWNGIFTS.COM.
ARTTOWNGIFTS
[ATG] refers to our headquarters
located at 912 Alder Street in Sandpoint, Idaho
83864 and the website, ARTTOWNGIFTS.COM. Furthermore
ATG refers to any other means in which ARTTOWNGIFTS
or its parent company, SPECIALTY VILLAGE, INC., displays,
sells, or distributes ARTIST’S products.
The company is a Delaware Corporation authorized to
conduct business in the State of Idaho.
ARTTOWNGIFTS.COM, is
based on the concept of visiting a small art
town to shop and enjoy the surrounding ambience.
The website will function as a virtual version
of a traditional art, craft, and gift store.
AGREEMENT includes
these documents: Definitions, Artist's Terms
of Service, and Artist's Participation Agreement.
STOCK
PRODUCTS refers
to items that are created and maintained in
an ARTIST’S inventory before a customer places
their
order. Customers purchase the item from the
ARTIST'S inventory. With the exception
of CUSTOM PRODUCTS listed below, all
PRODUCTS submitted to ATG should be “in
stock” and
ready for immediate shipping.
CUSTOM PRODUCTS refers
to items that are created to a specific customer’s
specifications after the order is placed by the customer.
It includes but is not limited to commissioned
products and custom orders.
RETAIL PRODUCT
PRICE is
the amount charged to the end customer to purchase
a specific STOCK or CUSTOM PRODUCT. This amount includes
only the PRODUCT Price. It does not include additional
charges or amounts such as shipping charges, Sales
Tax or similar items.
ARTIST
’S WHOLESALE PRODUCT Price is
the net amount due to an ARTIST for the sale of
a specific PRODUCT including packaging the item for
secure shipment. This amount is established by the
ARTIST at time of PRODUCT submission to ATG. It
includes packaging (carton or cartons, bubble wrap,
foam pellets, tape, etc.) and securing the piece for
shipment. For larger items that require crating for
shipment via freight, you must inform us of the cost
of crating. The ARTIST'S WHOLESALE PRODUCT PRICE can
only be changed twice yearly with 30 days written notice.
Sales Tax and Shipping Charges are not included.
ATG MARKUP describes
the amount retained from the proceeds of a PRODUCT
sale by ATG for the cost of handling the sales process.
It is calculated by subtracting the ARTIST’S WHOLESALE
PRODUCT PRICE from the RETAIL PRICE for which a PRODUCT
is sold. These amounts are retained to cover the cost
of promotions, website infrastructure and other overhead
expenses. Sales Tax and Shipping Charges are collected
by ATG who is responsible for their final payment.
These amounts are in addition to and exclusive of the
ATG MARKUP.
CHARGE BACK describes
requests that a charge be reversed on a credit card
because of a returned product, dispute, or fraudulent
charges.
RETURNS describes an order
that is returned or rejected for any reason.
CONTENT refers to information,
images, drawings, software, or items contained on the
Internet, at ATG’S
website, email, or in the public domain. |
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| Apply
Now |
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| ARTIST'S TERMS OF SERVICE |
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1.
Introduction. ATG reserves the
right to change or update this AGREEMENT at
any time with notice through both e-mail to
ARTIST’S
last known e-mail address and by letter to
ARTIST’S postal address. Continued use of ATG
services for 30 days after changes have been
posted indicates your acceptance of said changes.
2. Description
of Service. ATG is committed to
providing ARTISTS an online environment for
displaying, selling and distributing PRODUCTS
directly through ATG’s website and
other distribution channels.
3. Representations. By
applying to ATG you acknowledge that
you are 18 years or older and are able to form
legally binding contracts under applicable
law.
ARTIST
shall offer works of their own authorship.
By submitting PRODUCTS to ATG for resale, ARTIST
declares that they are the legal owner of all
rights to the art pieces.
ARTIST authorizes
ATG to sell their submitted PRODUCTS and to
post images of their artwork on ATG’s website.
You authorize us to use, copy, modify, distribute,
and publicly display images of your work, and
to attribute your work to you by use of your
name, picture, and "About the Artist" biography,
in the advertising and marketing of ATG. ARTIST’S
PRODUCTS can be sold in the ATG gallery, over
the Internet, and through online auctions.
ATG does
not require exclusivity or limit where ARTISTS
show their works. ARTISTS may sell their work independently
but must notify ATG immediately to remove sold PRODUCTS
from the website or gallery.
ARTIST guarantees that all STOCK
PRODUCTS submitted to, and displayed by, ATG are available
for immediate sale. By submitting a PRODUCT, you affirm
that the item is available for purchase as described.
If the item becomes unavailable because you sell
it yourself or otherwise, you
agree to notify us immediately so the PRODUCT can
be changed on or removed from our website. Any refunds
or cancelled orders made necessary due to unavailable
STOCK PRODUCTS may be deducted in full from any outstanding
payments due to the ARTIST.
4. Obligations as a
PARTICIPATING ARTIST. As an ATG
ARTIST, you agree to provide timely and accurate information
about yourself and your PRODUCTS. In order to display
and sell your PRODUCTS with ATG and be listed in its
directories, ARTIST must complete the submission process
in a timely manner by providing the information requested.
ARTIST will complete a Product
Inventory Form for each PRODUCT submitted
to ATG. The Product Inventory Form will include the ARTIST
’S WHOLESALE PRODUCT PRICE amount required
for the PRODUCT. It will also include a description
of the PRODUCT type classifications, measurements
and weight with and without packaging.
As a Participating ARTIST, you are required to submit
digital photographs of your products. ATG requires
that all photographs be of superior quality to insure
that your products are presented in the best possible
light. ATG reserves the right to reject any photographs
that are not of the standard required for effective
product presentation on the website.
At
no time shall you or any other third party representative
submit, send, post, or transmit any type of pornography,
racist, violent, or offensive material through the ATG website.
You
agree not to Interfere with or disrupt the ATG Website,
servers, or networks, or disobey any requirements,
procedures, policies, or regulations of connected networks.
5.
Copyright. ATG shall make reasonable efforts
to ensure that the ARTIST’S copyright in submitted
PRODUCTS is protected.
6. Shipping. As
an ATG ARTIST, you are responsible for shipping orders
within the time frame specified by you during PRODUCT
submission.
ATG will notify a PARTICIPATING ARTIST immediately
of any orders received by e-mail or agreed upon means.
This Order Notification will include
the Shipping Schedule for the order based on the time
frame previously specified by the ARTIST on the Product
Inventory Form. If items are not shipped
within this time frame without a reasonable explanation
for the delay, ATG holds the right to suspend or terminate
your account. If an item should take longer than the
specified time frame, special arrangements may be
made through written authorization. In any case, ATG
must be notified of any possible delay immediately by
the ARTIST so that the customer and shipment can be
advised.
Shipping Requirements for CUSTOM PRODUCT
orders will be established on a case-by-case basis.
As an ARTIST, you agree to use appropriate shipping
and packaging materials in order to protect the product
and to maintain the ATG brand image.
In order to represent a unified ATG brand to our customers,
we will provide you with labels, Certificates
of Authenticity and promotional materials to include
in shipments. ARTIST agrees to follow guidelines for
the use of these materials and to refrain from adding
their own inserts to the shipping containers.
In the case of a RETURN due to damaged merchandise,
ARTIST agrees to retain the original packaging and
shipping materials until such time as the shipping
carrier's insurance adjuster has inspected the materials
for the purposes of filing a loss claim.
Any damage sustained to PRODUCTS during the shipping
or return process is the sole responsibility of the
ARTIST, shipper and/or customer except as outlined
in Section 7 below.
7. Loss or Damage. ATG
will only be responsible for PRODUCTS while they are
in the possession of ATG and or Shipper. In
the event of loss or damage that cannot be restored,
the ARTIST shall receive the WHOLESALE PRODUCT PRICE
as agreed upon through the Product Submission Form. ARTIST
agrees to cooperate by making any materials or information
needed to file Insurance Loss Claims available in
a timely manner.
8. Insurance.
ATG shall insure the work for ARTIST
’S WHOLESALE PRODUCT PRICE recorded by the
ARTIST on the Product Submission Form for a specific
item.
9. ATG MARKUP. ATG
will retain the ATG MARKUP for each PRODUCT sold. Works
done on a custom order or commissioned basis by the
ARTIST that originated through ATG’s website or
gallery shall be considered sales on which ATG is entitled
to the ATG MARKUP. The ATG MARKUP is due on any sales
that initiate through any ATG activities or customers.
10. Prices. ATG
shall set the RETAIL PRODUCT PRICE at its discretion
based on a combination of the ARTIST’S WHOLESALE
PRODUCT PRICE, Product
Type, Promotion Costs and Overhead Expenses. You may
suggest retail prices for your work, but ATG
reserves the final right to set, change, increase,
or decrease RETAIL PRODUCT PRICES, including the right
to sell at a discount in retail promotions. Your ARTIST’S
WHOLESALE PRODUCT PRICES will be unaffected by either
reductions or increases in RETAIL PRODUCT PRICES.
11. Terms of Payment. ATG
agrees to pay ARTISTS all amounts earned for sales
orders completed and paid through ATG within thirty-five
days of the PRODUCT delivery date unless we have been
notified of RETURN or CHARGE BACK.
Payment
will not be made for orders for which we have received
a notice of RETURN, REFUND request, defective
PRODUCT or CHARGE BACK.
Special Payment Arrangements maybe negotiated on an
Order by Order basis for CUSTOM PRODUCT orders when
the customer pays an up front deposit.
ARTIST may also agree to participate in our Extended
Payment Plan allowing retail customers to
pay for higher ticket purchases over a pre-determined
period of time. These Extended Payment amounts will
be split equally until such time as either party has
been paid in full after which the other party will
continue to collect their outstanding amount. Participation
in the Extended Payment Plan is selected and agreed
to by both parties during the PRODUCT submission process. View
Payment Methods for more Information.
Payments will be made by automatic
deposit or check delivery through the U.S. Postal Service.
If an ARTIST’S relationship
with ATG is terminated for any reason, payment of outstanding
ARTIST’S WHOLESALE
PRODUCT PRICE will be held in reserve for an additional
payment period to ensure that all refunds and CHARGE
BACKS have been deducted from the ARTIST’S final payment.
ATG will provide ARTIST complete documentation of
ARTIST’S PRODUCT sales that occur through the ATG website
and any other applicable distribution channels. The
Account Summary Report will clearly
list all pending orders, completed orders, additional
charges, CHARGE BACKS, REFUNDS or other adjustments
to the ARTIST’S account.
12. Communication between
artist and atg. ATG
will use your contact information including your e-mail
address to contact you about administrative issues
concerning your participation as an ATG ARTIST. You
agree to facilitate these communications by doing the
following:
Supply us with, and maintain an active
email address,
Check your email regularly,
Maintain a computer with a connection to the Internet,
Learn how to use our Artist Intranet called the
Artist Dashboard and
use the Artist Dashboard to submit PRODUCTS, receive
orders, to confirm scheduled shipping dates, and
for other uses as may be specified from time to time.
Inform us if you will be traveling for any
period that would interfere with prompt acceptance
or fulfillment of orders.
13. Communication With
Customers. Orders received from customers,
and all information about those orders and customers,
are the property of ATG. ARTIST agrees that they will
not contact our customers to provide the option of
purchasing directly from the ARTIST. They will make
no contact directly with customers, for any reason,
other than to ship items to them as ordered, unless
explicitly requested and authorized by ATG. ARTIST
understands and agrees that the ATG MARKUP is due on
all completed sales originating from ATG.
14. Categorization. ATG
has the right to categorize your PRODUCTS on the website,
at its sole discretion. Re-categorization will only
occur if ATG feels that it is necessary to improve
site Navigation and exposure of your PRODUCTS.
15.
Renewal. This AGREEMENT will renew annually
unless ATG is notified of cancellation 30 days prior
to the anniversary date of the AGREEMENT.
16. Links. ATG
reserves the right to maintain links to other websites.
ATG shall have sole discretion and control over all
links. At no time shall ATG be held liable for any
CONTENT, pictures, graphics, advertising, products,
or other type of information available via any website
accessible through ATG.
17. General Information. This
AGREEMENT constitutes the entire contract between you,
ATG and SPECIALTY VILLAGE, INC. and governs your use
of the Service, superseding any prior agreements or
contracts.
You may not bind ATG to any other agreements.
The use of the ATG logo and name are strictly controlled
by SPECIALTY VILLAGE, INC.
ATG will abide by the rules
and procedures dictated by credit card merchant accounts.
The failure of ATG to exercise or enforce any right
or provision of the AGREEMENT shall not constitute
a waiver of such right or provision. If any provision
of the AGREEMENT is found by a court to be invalid,
the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions
of the AGREEMENT remain in full force and effect.
18. Modification to
Service. ATG reserves the right at all
times to modify, permanently or temporarily, ATG’s
website with or without notice. Furthermore, you agree
that at no time will ATG be liable to you or any other
third party for any modification, suspension, or discontinuance
of ATG or any service provided. Furthermore, ATG cannot
be held liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by, or in connection
with, providing or modifying service.
19. Termination. You
agree that at ATG’s sole discretion you may be
suspended, terminated or released as an ARTIST at
any time. In addition, you agree that ATG shall not
be held liable to you or any third party for termination
or suspension of your account or any services. You
have the right to terminate your participation with
ATG at any time, with or without reason, with ten (10)
days written notice to ATG. Should the terminating
ARTIST have CUSTOM ORDERS in process, any advance payment
amounts must be returned to ATG immediately or the
PRODUCT must
be delivered as agreed in the original order.
20. Warranties,
Limitations of Liabilities, and Arbitration. You
expressly understand and agree that your use of these
services is at your own risk. Service is provided on
an AS IS and AS AVAILABLE basis. ATG expressly disclaims
all warranties of any kind, whether expressed or implied,
including, but not limited to, the implied warranties
of merchantability or fitness for a particular purpose.
ATG SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES RELATING
TO THE USE OF THIS SERVICE.
This AGREEMENT is
governed by, and shall be interpreted under, the laws
of the state of Delaware, United States. All disputes
arising between the ARTIST, ATG, SPECIALTY VILLAGE,
INC., or any other third party as to the interpretation,
operation, or effect of any clause or policy in this
AGREEMENT or any other difference arising which cannot
be mutually resolved, shall be referred to the American
Arbitration Association or other mutually agreed upon
arbitrator pursuant to the rules of the American Arbitration
Association. The arbitrator's award shall be final,
and judgment may be entered in any court having jurisdiction
thereof.
21. SITE Policies, AGREEMENTS
and procedures. As
an ARTIST, you agree to adhere to ATG's site policies
and agreements including the Shipping
Details, Return
Policy, Made
to Order Center, Terms
of Service, Certificate
of Authenticity,
Privacy and Security Policy, and Intellectual
Property Policy. ATG reserves the right to suspend
or terminate your account immediately for breach of
any of these Policies.
22. TRADE
SECRETS, CONFIDENTIAL AND PROPRIETARY INFORMATION. In
the course of your relationship with ATG, you will
be given access to ATG’s and
SPECIALTY VILLAGE, INC.’s Proprietary Information.
You acknowledge that ATG’s trade secrets, recordings,
customer lists, customer orders, digital information,
designs, manuals, procedures, promotional materials,
and private or secret processes are valuable, special,
and unique assets of SPECIALTY VILLAGE, INC. and ATG
and shall be considered Confidential
and Proprietary Information. ARTIST agrees
to use such Confidential Information solely
for ATG ’s benefit. ARTIST shall refrain from
disclosing to other persons or entities any of
ATG's Confidential Information or Trade Secrets. |
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