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ArtSelect Partners Program Application

Print this page, fill in the required information completely, then send it to us. We will contact you when we receive it.

ArtSelect Partners Program Agreement

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the ArtSelect Partners Program (the "Program"). As used in this Agreement, "we" means ArtSelect, Inc., "you" means the applicant, and "Item" means any item offered for sale in the ArtSelect collection. "Site" means ArtSelect's World Wide Web site. "Partner Home Page" means the page created by ArtSelect on its Site exclusively for you to refer customers to ArtSelect.

1. Joining the Program

To enroll in the Program you will submit a complete Program Application. We will evaluate your application and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your business is unsuitable for the Program.

2. Your Partner Home Page

We will create a Partner Home Page exclusively for you to promote to your customers. We will assign an ArtSelect URL specific to your page. We will determine the content and style of your Partner Home Page. You will provide us with the name under which you do business and an identifying graphic, if you have one, (logo, letterhead, etc.), and we will prominently display it on your page in such a manner that it fits with our Partner Home Page template. We reserve the right to reject any content that you submit to us which we deem, in our sole discretion, to be unsuitable. You may not alter the content of your Partner Home Page.

3. Promoting Your Partner Home Page

If you have a Web site that you want to link to your Partner Home Page, we will provide you with a choice of ArtSelect graphic images which you may use as the link on your site. We may modify the graphic images from time to time. You agree to actively promote your Partner Home Page to your customer base. We will print your Partner Home Page Web address on the customer packing list of every sale that generates a commission for you.

4. Order Processing

We will process orders placed by customers that visit our Site through your Partner Home Page. We will be responsible for all aspects of order processing and fulfillment. We will prepare order forms, process payments, cancellations, and returns, as well as handle customer service. We will track sales made to customers who purchase Items from us when they visit our Site through your Partner Home Page. You can also view your sales reports on the Partners Program site.

5. Commissions

We will pay you a commission on each Item sale where the customer visits our Site through your Partner Home Page, purchases the Item using our automated ordering system, accepts delivery of the Item at the shipping destination, and remits full payment to us.

6. Commission Schedule

You will earn commissions based on the purchase price of each Item, according to the commission schedule to be established by us from time to time. Purchase price of the Item means the purchase price listed on our Site on the date of order, less the cost of shipping and taxes. The commission is 20% of the net purchase price, or 10% for each Item that is sold at 10% or more off our regular purchase price.

7. Commission Payment

We will pay you commissions on a monthly basis. Approximately 15 days following the end of each calendar month, we will send you a check for the commissions earned on Items that were shipped during that month, less any taxes that we are required by law to withhold. However, if the commissions payable to you for any calendar month are less than $10.00, we will hold those commissions until the total amount due is at least $10.00 or (if earlier) until this Agreement is terminated. If an Item that generated a commission is returned by the customer, we will deduct the corresponding commission from your next monthly payment. If there is no subsequent payment, we will deduct the amount from the next commission payment due.

8. Policies and Pricing

Customers who buy Items through this Program will be customers of ArtSelect. ArtSelect rules, policies, and operating procedures concerning customer orders, customer service, and Item sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for Items sold under this Program. Item prices and availability may vary from time to time. Because price changes may affect Items that we have displayed on your Partner Home Page or elsewhere on our Site, you may not include Item price information in your promotions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular Item.

9. Limited License

We grant you a non-exclusive, revocable right to use the ArtSelect logo described in Section 3 and such other images for which we grant express permission, solely for the purpose of identifying yourself as a Program participant. You may not modify the logo, the message or any of our images in any way. We reserve all of our rights in the logo, the message, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.

10. Responsibility for Your Partner Home Page

We will be solely responsible for the development, operation, and maintenance of your Partner Home Page and for all materials that appear on your Partner Home Page; provided, however, you will be solely responsible for the accuracy and appropriateness of materials which you submit to us to display on your Partner Home Page (including, among other things, all materials related to your name and graphic identity). You will ensure that such submitted materials displayed on your Partner Home Page do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) and are not libelous or otherwise illegal. We disclaim all liability for such materials. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' commissions) relating to the materials you submit to us to display on your Partner Home Page.

11. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commissions on sales occurring during the term, and commissions earned through the date of termination will remain payable only if the related Item orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

12. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our Site. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPtable TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

13. Relationship of Parties

Notwithstanding the use of the term Partner herein, you and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Neither party will have any authority to make or accept any offers or representations on behalf of the other. Neither party will make any statement, whether in promoting the Partner Home Page, the Site or otherwise, that reasonably would contradict anything in this Section.

14. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue or profits) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under to this Agreement.

15. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any Items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

16. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT AND OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH A WEB SITE YOU MAY HAVE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

17. Miscellaneous

This Agreement is made under and shall be interpreted, construed and enforced solely in accordance with the internal substantive laws of the State of Iowa applicable to an agreement negotiated, executed and performed solely within the State of Iowa. Any action relating to this Agreement must be brought in the federal or state courts of general jurisdiction in the State of Iowa, and each party irrevocably consents to the jurisdiction of such courts and waives any objection that it may have with respect thereto. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

WHEN YOU COMPLETE THE PARTNERS PROGRAM APPLICATION YOU WILL INDICATE THAT YOU HAVE REVIEWED THIS PROGRAM AGREEMENT AND UNDERSTAND ITS CONTENTS AND THAT YOU AGREE TO BE BOUND BY IT IF WE ACCEPT YOUR APPLICATION.

Applicant Details

Contact Information

Please fill out the name and address of the person to whom we will address all correspondence about your participation in our Partners Program.

Contact Person's Name:
Company:
Address:
City:
State:
Zip Code:
Phone Number:
E-mail:

Commission Payment Information

Please fill out the name and address of the company or person to whom we should send commission payments.

Payee's Name:
Company:
Address:
City:
State:
Zip Code:
Phone Number:
E-mail:
Is your business a corporation?
Taxpayer Identification Number:

Describe Your Business

Describe what you sell, and your typical customer.

Marketing Name

What name do you want to use to identify yourself or your company to customers? For example, the marketing name is used on a customer's packing slip.

Describe Your Market Niche

Is there a specific category of art that your customers would be most interested in?

Do you have a Website?

	Yes / No
If yes, what is the URL:

Password

Create a password to access your account status on our Website (minimum of 5 characters).

Other Information

How did you learn about the ArtSelect Partners Program?

Signature

In submitting this application for approval, you indicate that you want to participate in the ArtSelect Partners Program, that you have reviewed the Program Agreement and understand its contents, and that, if ArtSelect, Inc. accepts this application, you agree to be bound by the terms and conditions of the Program Agreement.

Signature:
Date:

Send Us The Application

Please mail or fax your application to: