** Bloggers & Influencers, please must include your blog/media info so we can review before approval **
We always welcome bloggers and media partners who share our passion for great design. And here we have a platform for us to be successful together.
Couple important things about our program:
1. All application requires review and approval.
2. As our affiliate partner, you will earn 10% Of each Sale (excluding Tax, Shipping, and any Discounts). There is no limit on how much you can earn.
3. The payout will be made monthly via Paypal if you have a balance over $25 USD. Or you will be paid on the first pay schedule once the amount accumulated over $25 USD
4. Affiliate Partners are required to fill out W-9 for Tax ID info. By law we will issue you 1099-MISC if your total payout is more than $600 USD in for the previous tax year.
5. We will never sell your information to third party
6. Please follow the instruction on generating link from the site so you will get credited correctly.
7. Creatives / Display Banners: If you want to put our banner on your site please MUST use the creatives provided to you.
8. Artsy Modern reserves the right to terminate your participation of the program for any reason.
9. Artsy Modern will review the eligible transactions to prevent any abuse of the program. All payout is upon approval.
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BY REGISTERING FOR THE PROGRAM, YOU AGREE TO THE FOLLOWING TERMS
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The following is a list of our complete terms and conditions that apply to all members of the Artsy Modern Partner Program. Please read this agreement to its carefully.
BY SUBMITTING THE APPLICATION FORM YOU ARE DEEMED TO HAVE AGREED TO BE BOUND TO THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.This Partner Agreement (“Agreement”) is made by and between Artsy Modern and the entity registered to be a Artsy Modern Partner (“Artsy Modern Partner”) on the partner's registration page (the “Registration Page”). This Agreement shall govern the terms and conditions pursuant to which Artsy Modern Partner shall promote and market the Artsy Modern Platform (as defined below).
1. DEFINITIONS
1.1. Acquisition.Shall mean a monetary transaction made by a Lead who opens a Artsy Modern account and conducts transactions on our Store.?1.2. Partner.Shall mean a Prospective partner that has (a) been attributed to Artsy Modern Partner pursuant to Artsy Modern’s customary tracking protocols, including but not limited to, the use of Artsy Modern unique partner identification code, cookies or otherwise, (b) been accepted by Artsy Modern, in its sole and absolute discretion, registered as a “Artsy Modern Partner” on the Registration Page and thereafter.1.3. Creative.Shall mean any marketing and/or promotional materials relating to Artsy Modern and/or Artsy Modern brands that are promoted by Artsy Modern and Artsy Modern Related Entities as Artsy Modern deems necessary or appropriate.1.4. Confidential Information includes, but shall not be limited to, any and all information associated with the other Party’s business and not publicly known, including, the contents of this Agreement, specific trading information, technical processes and formulas, source codes, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs, and other unpublished financial information, business plans and marketing data, is confidential and proprietary information, whether or not marked as confidential or proprietary.1.5. Artsy Modern refers to the software platform available via the Artsy Modern website and any associated websites including www.artsymodern.com and any others.1.6. Lead.Any unique user that has registered for a paid Artsy Modern account introduced by an Artsy Modern Partner that actively promoted the Platform. A Lead CANNOT be an order placed and/or owned by a Artsy Modern Partner and for which that partner seeks commissions or compensation pursuant to this Agreement.1.7. Names and Trademarks. Affiliate partner will not abuse any names and/or trademarks or any other protected marks associated with Artsy Modern. and artsymodern.com
2. RESPONSIBILITIES OF PARTNER.
2.1. Activities.:The Artsy Modern Partner will use its best efforts to (a) promote and market Artsy Modern. 2.2. Creative.:All Creative will be solely provided by Artsy Modern alone except where agreed to by Artsy Modern in writing in advance. Artsy Modern will provide Artsy Modern Partner with copies of or access to Creative. The Creative shall be accessible from Artsy Modern Partner Program website.2.3. Use of Creative.Artsy Modern Partner may display Creative on the Websites solely for the purpose of marketing and promoting Artsy Modern brands promoted by Artsy Modern and by Artsy Modern Related Entities during the term of this Agreement, or until such earlier time as Artsy Modern may, upon reasonable prior notice, instruct Artsy Modern Partner to cease displaying the Creative. Artsy Modern Partner may not alter, amend, adapt or translate the Creative without Artsy Modern's prior written consent. Nothing contained in any Creative shall in any way be deemed a representation or warranty of Artsy Modern or any of Artsy Modern Related Entity. The Creative shall at all times be the sole and exclusive property of Artsy Modern and no rights of ownership shall at any time vest with the Artsy Modern Partner even in such instances where the partner has been authorized by Artsy Modern to make changes or modifications to the Creative.2.4. E-Mail Internet Marketing.In no event shall Artsy Modern Partner engage in any e-mail marketing or promotion with respect to Artsy Modern, any Artsy Modern Related Entity except as expressly set forth in this Agreement. In the event that Artsy Modern Partner has an Opt In List, Artsy Modern Partner may make a written request to Artsy Modern to send e-mails regarding the offering of Artsy Modern and Artsy Modern Related Entities to the individuals on the Opt-in List. In the event Artsy Modern approves such request, Artsy Modern Partner shall comply with all applicable laws, rules, regulations and directives, including but not limited to those relating to e-mail marketing and “spamming”. Without limiting the generality of the foregoing, Artsy Modern Partner shall (a) not send any e-mail regarding Artsy Modern and/or Artsy Modern Related Entities to any individual or entity that has not requested such information (b) always include “unsubscribe” information at the top and bottom of any e-mail regarding Artsy Modern, Artsy Modern Related Entities and/or the Artsy Modern platform.2.5. Unauthorized & Prohibited Marketing Activities.In addition to the restrictions of Section 2.4 above, Artsy Modern Partner shall not (a) engage in any fax, broadcast or telemarketing and any other offline marketing methods with respect to Artsy Modern, Artsy Modern Related Entities and/or Artsy Modern, (b) use Malware and/or Spyware techniques or use any other aggressive advertising or marketing methods in any of its dealings relating to Artsy Modern, Artsy Modern Related Entities and/or Artsy Modern, © make any false, misleading or disparaging representations or statements with respect to Artsy Modern, Artsy Modern Related Entities or Artsy Modern or (d) engage in any other practices which may affect adversely the credibility or reputation of Artsy Modern, Artsy Modern Related Entities or Artsy Modern, including but not limited to, using any Website in any manner, or having any content on any Website, that (i) promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age and/or any illegal activities or (ii) violates any intellectual property or other proprietary rights of any third party.2.6. Prohibited Marketing Activities by a Partner.A Artsy Modern Partner shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Artsy Modern or Artsy Modern Technologies' trademarks and/or variations and misspellings thereof.?2.7. Compliance with Laws.In addition to, and without limiting the provisions of this Agreement, Artsy Modern Partner shall perform its obligations hereunder in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations.?2.8. Partner Duty to Inform.Artsy Modern Partner shall promptly inform Artsy Modern of any information known to Artsy Modern Partner related to any Leads, Prospective partners that could reasonably lead to a claim, demand or liability of or against Artsy Modern and/or the Artsy Modern Related Entities by any third party.
3. FEES & PAYMENTS.Artsy Modern Partner shall be entitled to receive the Fees as set forth below under “Artsy Modern Partner Commercial Terms” (the “Fees” and/or the “partner Fees”). The Fees shall be due on a periodic basis in accordance with the date of sign up to the partner Program. All payments are subject to risk analysis considerations and Anti-Money Laundering procedures. Artsy Modern reserves the right to demand and receive information about any Lead and to assess the competency of such Lead for payments.
Artsy Modern reserves the right to modify the Fee structure and/or the payment terms at any time upon reasonable advance notice to Artsy Modern Partner. Artsy Modern shall not be responsible to pay any commissions for a Lead created or owned in whole or in part by a Artsy Modern Partner.
4. TERMINATION.
4.1. Termination.Artsy Modern may terminate this Agreement at any time, with or without cause, effective immediately upon notice to Artsy Modern Partner.Fraudulent or other unacceptable behavior as defined by Artsy Modern can result in termination of partner/client relationship or termination of partner account entirely without notice to, or recourse for, the Artsy Modern Partner.Artsy Modern Partner, can terminate this Agreement at any time, with or without cause, effective immediately upon notice to Artsy Modern.4.2. Consequences of Termination.Upon expiration or termination of this Agreement: (a) each Party shall return to the other Party all property of the other Party in its possession or control (including all Creative and all Confidential Information); (b) Artsy Modern Partner shall immediately cease displaying any Creative on any Website or otherwise and ( c) all rights granted to Artsy Modern Partner hereunder will immediately cease.4.3. Survival.Sections 5 through 11 shall survive the termination or expiration of this Agreement.
5. PROPRIETARY RIGHTS.5.1. Proprietary Rights of Artsy Modern.As between Artsy Modern Partner and Artsy Modern, the Creative, all demographic and other information relating to Leads, Prospective partners and partners, the Platforms and all software, documentation, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites, and any additional intellectual or other property used by or on behalf of Artsy Modern or otherwise related to Artsy Modern, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and appurtenant thereto (collectively, “Artsy Modern Property”) shall be and remain the sole and exclusive property of Artsy Modern. To the extent, if any, that ownership of any Artsy Modern Property does not automatically vest in Artsy Modern by virtue of this Agreement, or otherwise, Artsy Modern Partner hereby transfers and assigns to Artsy Modern, upon the creation thereof, all rights, title and interest Artsy Modern Partner may have in and to such Artsy Modern Property, including the right to sue and recover for past, present and future violations thereof.5.2. Artsy Modern Trademarks.During the term of this Agreement, Artsy Modern hereby grants to Artsy Modern Partner a limited, revocable, non-exclusive and non-transferable license to display the Artsy Modern trademarks, solely as necessary to perform Artsy Modern Partner’s obligations under this Agreement. Artsy Modern Partner acknowledges and agrees that: (a) it will use the Artsy Modern trademark only as permitted hereunder; (b) it will use the Artsy Modern trademark in a lawful manner and in strict compliance with all format(s), guidelines, standards and other requirements prescribed by Artsy Modern; © the Artsy Modern trademark are and shall remain the sole property of Artsy Modern; (d) nothing in this Agreement shall confer in Artsy Modern Partner any right of ownership in the Artsy Modern trademark and all use thereof by Artsy Modern Partner shall inure to the benefit of Artsy Modern; and (e) Artsy Modern Partner shall not, now or in the future, contest the validity of any Artsy Modern trademarks or use any term or mark confusingly similar to any Artsy Modern Trademark.
6. CONFIDENTIALITY.Each Party agrees to use the other Party’s Confidential Information solely as necessary for performing its obligations hereunder. Each Party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (a) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such Party’s obligations hereunder, who each shall treat such Confidential Information as provided herein; or (b) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement. Confidential Information shall not include any information which is: (i) in the public domain, or is already known by or in the possession of the non-disclosing Party, at the time of disclosure of such information; (ii) is independently developed by the non-disclosing Party without breaching any provisions of this Agreement; or (iii) is thereafter rightly obtained by the non-disclosing Party from a source other than the disclosing Party without breaching any provision of this Agreement.
7. DISCLAIMER OF WARRANTY.Artsy Modern MAKES NO WARRANTIES HEREUNDER, AND Artsy Modern EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Artsy Modern FURTHER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, THAT THE PLATFORMS DO NOT INFRINGE OR OTHERWISE VIOLATE ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY IN ANY JURISDICTION, INCLUDING, BUT NOT LIMITED TO, THE TERRITORY. Artsy Modern PARTNER UNDERSTANDS AND AGREES THAT THE PLATFORMS MAY NOT SATISFY ALL OF THE LEADS’ REQUIREMENTS AND MAY NOT BE UNINTERRUPTED OR ERROR-FREE.
8. LIMITATION OF LIABILITY AND INDEMNIFICATION.8.1. Limitation of Liability.Artsy Modern SHALL HAVE NO LIABILITY WITH RESPECT TO THE PLATFORMS OR ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF Artsy Modern HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, Artsy Modern PIXEL’S LIABILITY TO Artsy Modern PARTNER UNDER THIS AGREEMENT FOR ANY REASON WILL BE LIMITED TO THE AMOUNTS PAID TO PARTNER BY Artsy Modern DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS.8.2. Indemnification.8.2.1. Artsy Modern Partner Indemnification.Artsy Modern Affiliate Partner agrees to indemnify, defend and hold harmless Artsy Modern and any Artsy Modern Related Entities and the directors, officers, employees, subcontractors and agents thereof (collectively, the “Indemnified Party”), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees, to the extent that such action is based upon or arises out of: (a) Artsy Modern Partner ‘s breach of any representation, warranty, obligation or covenant under this Agreement; (b) Artsy Modern Partner’s gross negligence or willful misconduct; or ( c) any warranty, condition, representation, indemnity or guarantee relating to Artsy Modern and Artsy Modern Related Entities granted by Artsy Modern Partner to any Lead, Prospective partner or other third party.8.2.2. Notice of Indemnification.In claiming any indemnification hereunder, the Indemnified Party shall promptly provide Artsy Modern Partner with written notice of any claim which the Indemnified Party believes falls within the scope of the foregoing paragraphs. The Indemnified Party may, at its own expense, assist in the defense if it so chooses, provided that Artsy Modern Partner shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the Indemnified Party shall not be final without the Indemnified Party’s written consent, which shall not be unreasonably withheld.
9. NON-EXCLUSIVE REMEDIES.In the event (a) Artsy Modern Partner markets or promotes Artsy Modern and/or any Artsy Modern Related Entity that promotes the Artsy Modern platform to any person or entity outside of the Territory or (b) of any breach or threatened breach of any provision of Sections 2, 5 and/or 6 above, in addition to all other rights and remedies available to Artsy Modern under this Agreement and under applicable law, Artsy Modern shall have the right to (i) immediately enjoin all such activity, without the necessity of showing damages or posting bond or other security, (ii) immediately terminate this Agreement and Artsy Modern Partner ’s engagement hereunder, (iii) receive a prompt refund of all amounts paid to Artsy Modern Partner hereunder and (iv) be indemnified for any losses, damages or liability incurred by Artsy Modern in connection with such violation, in accordance with the provisions of Section 8 above.
10. GENERAL PROVISIONS.10.1. Force Majeure.If the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action (including, but not limited to, any law, regulation or embargo prohibiting the performance contemplated hereunder and/or the failure or refusal of a government agency to issue a license required for any performance pursuant to this Agreement), labor disputes, act of God or any cause beyond the reasonable control of that Party, the Party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause. Notwithstanding anything herein to the contrary, the Party prevented from performing hereunder by a force majeure event shall nevertheless use its best efforts to recommence its performance hereunder as soon as reasonably practicable and to mitigate any damages resulting from its non-performance hereunder.10.2. Independent Contractors.The Parties to this Agreement are independent contractors. Neither Party is an agent, representative or Related Entity of the other Party. Neither Party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party.10.3. Notice.Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes (a) on the delivery date if delivered personally or by e-mail to the Party to which the same is directed; (b) two (2) business days after deposit with an internationally recognized commercial overnight courier service, with written verification of receipt; or ( c) five (5) business days after deposit in certified or registered mail, return receipt requested, postage and charges prepaid, to the respective addresses of the Parties as set forth on the Registration Page.10.4. No Waiver.The failure of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. Each waiver shall be set forth in a written instrument signed by the waiving Party.10.5. Entire Agreement.This Agreement, including all Exhibits hereto, sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the Parties with respect to the subject matter hereof as set forth herein. Neither Party shall be bound by, and each Party specifically objects to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is proffered by the other Party in any correspondence or other document, unless the Party to be bound thereby specifically agrees to such provision in writing.10.6. Assignment.All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties to this Agreement and to their respective heirs, successors, assigns and legal representatives. Artsy Modern Partner shall have no right to assign or otherwise transfer this Agreement, or any of its rights or obligations hereunder, to any third party without Artsy Modern ’s prior written consent, to be given or withheld in Artsy Modern ’s sole discretion.10.7. Applicable Laws.This Agreement shall be governed, construed and enforced in accordance with the laws of the Province of Ontario, Canada. Each Party agrees that any legal action, proceeding, controversy or claim between the Parties arising out of or relating to this Agreement may be brought and prosecuted only in a court of law in the Province of Ontario, Canada, and by execution of this Agreement each Party hereto submits to the exclusive jurisdiction of such court and waives any objection it might have based upon improper venue or inconvenient forum.By marking the “I have read and agree to the terms and conditions” checkbox, Artsy Modern Partner hereby fully agrees with all terms and provisions.
11. Artsy Modern PARTNER COMMERCIAL TERMS.11.1. Payment Under Plans.Payments due under the Referral Plan will be distributed to the Artsy Modern Partner once per month (the “Payment Period”). If the account balance of a Artsy Modern Partner is less than USD$25 at the end of the Payment Period, such funds will remain in the account until the end of the first Payment Period in which the account has USD$25 or more.Notwithstanding the definition in of Reference Plan in 1.14, Artsy Modern shall not be responsible to pay any commissions for a Lead created or owned in whole or in part by a Artsy Modern Partner.Artsy Modern reserves the right to cancel or modify the Artsy Modern Partner Program Agreement in its entirety, including Fees & Payments and the Artsy Modern Partner Commercial Terms, upon 60 days’ notice to a Artsy Modern Partner.