The following agreement contains the terms and conditions that apply to an individual or entity participation in the ArtRev.com Affiliate Program (the "program"), which is fully owned, operated, and managed by ArtRev.com, Inc. This legally binding agreement is made and entered into by ArtRev.com, Inc. ("ArtRev.com"), and you, the applicant. As used in this agreement, "we" or "our" means ArtRev.com (ArtRev.com, Inc.) and "you" or "your" means the applicant. "Website" means a world wide web website and, depending on the context, refers either to (a) the ArtRev.com website located at the URL http://www.artrev.com or such other website as ArtRev.com might designate and own, or (b) the website(s) that you will link from and to the ArtRev.com website and which you have identified in your application. Acceptance of this agreement creates a legally binding agreement between you (the applicant) and ArtRev.com, Inc.
Enrollment in the affiliate program
To begin the enrollment process, ArtRev.com needs to obtain a complete and accurate application . The applicant must own and operate a website with a registered domain name. The domain name "WHOIS" information must show either the applicant's name or entity as the registered owners of the domain name. ArtRev.com will carefully evaluate each application and notify the applicant of a decision. ArtRev.com does not accept any websites which contain objectionable material including, but not limited to:
- Contain, promote, or link to explicit nudity or pornography (sexually explicit materials);
- Promote violence of any kind;
- Contains religious or political content;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promote illegal drugs or illegal activities of any kind;
- Infringe on intellectual property rights;
- Contain, at our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;
- Promote the use of any pyramid or similar schemes;
- Promote products or services that might directly or indirectly devalue products and services offered by ArtRev.com
The affiliate program is intended for participants 18 years old and above who can enter into a legally binding contract under applicable U.S. law.
Important Notice: All domain names that you intent to use under your affiliate account must be approved by ArtRev.com. Unapproved domain names will not earn any sales commissions. ArtRev.com reserves the right to randomly or recurrently review affiliates' websites from time to time. ArtRev.com also reserves the right to deny membership or terminate an existing membership at any time for the violation of the terms and conditions in the operating agreement.
Agreement following acceptance
By submitting an application to become an ArtRev.com affiliate, you agree to be legally bound and abide by such terms and conditions should your application be accepted. If your application is accepted and your website is thereafter determined to be unsuitable for the program, we may terminate this agreement immediately without prior notice at our sole discretion.
PROVIDED Links & CONTENT
To allow for proper tracking, reporting, and commission, you will be provided with a unique affiliate identifier, specially formatted links, and code snippets to be used in all referrals originating from your website. You will also have access to content that may help you generate qualified leads. You are not allowed to edit or manipulate any text, code, logos, images, graphics, or content provided to you by ArtRev.com in any way, shape, or form. ArtRev.com will not be held liable for the misuse of any supplied text, code, logos, images, graphics, or content.
When you become an affiliate member, you will have access to specially formatted hyperlinks and code to place on your website. When a visitor you've referred from your website completes a purchase on ArtRev.com, you earn a 15% sales commission on the completed sale. ArtRev.com tracks the sale back to you from your unique affiliate identifier, which is embedded into the hyperlinks and/or code you placed on your website. All purchased products must be completed using the ArtRev.com online automated ordering system, the purchaser must accept delivery at the shipping destination, and remit full payment to ArtRev.com. ArtRev.com does not pay sales commission on phone, mail, or fax orders.
Commission calculations are based on the total dollar amount of products purchased within a calendar month. Affiliate members do not earn any sales commission on shipping, handling, gift-wrapping, taxes, service charges, processing fees, returned products, or products returned due to credit card fraud or disputes. All commissions are paid in U.S. dollars with a check drawn on a U.S. bank.
ArtRev.com offers a generous 30-day return period. "Return Period" is defined as the number of days an affiliate can earn commission on a completed sale by a referred visitor. As an affiliate, you will earn a 15% sales commission on completed sales for up to thirty days from the original referral date, even if that user does not make the purchase on the initial referral and returns to ArtRev.com directly within thirty days to complete the purchase. This is done by converting the unique affiliate identifier to a unique cookie, which is placed on the user's computer with an expiration date of thirty days from the original referral date and time. Whenever a user completes a sale on the ArtRev.com website, our e-commerce software looks for that cookie, and the affiliate who referred the sale gets the commission for that sale. ArtRev.com is not responsible for cookie deletion that is initiated by the client during the thirty-day period. The referred client's browser must also be set to accept cookies in order for the commission tracking, reporting, and calculation to function properly.
ArtRev.com is responsible for providing affiliate members with the tools necessary to allow for proper referrals. The entire shopping and buying experience is executed on the ArtRev.com website(s). ArtRev.com is responsible for all aspects of order processing, fulfillment, and customer service. ArtRev.com will record and track completed sales made by customers and provide affiliate members with commission reports.
Within 15 days following the end of each calendar month, ArtRev.com will mail affiliate members a check for the 15% sales commission earned from the previous month. However, if the sales commission payable to an affiliate member for any calendar month is less than $50.00, ArtRev.com will hold the sales commission until the total amount due to the affiliate member is at least $50.00 or until this agreement is terminated by either parties. If a product that generated a sales commission is returned by the customer, ArtRev.com will deduct the corresponding sales commission from the next monthly payment. If there is no subsequent payment, ArtRev.com will send the affiliate member a bill for the returned product(s) sales commission.
The sale price of any product or service displayed on ArtRev.com may change from time to time. This is especially true during special online promotions and sales events. Your 15% sales commission is based on the final sale price of the product at the time the purchase was executed by the purchaser.
PERSONAL AND COMMERCIAL PURCHASES
You may not purchase products initiated from your website for personal use, resale, or any other commercial use of any kind. Such purchases may result, at our sole discretion, in the withholding of sales commission and the termination of this agreement.
As an affiliate member, you must abide by the following guidelines. Failing to do so will result in termination of this agreement immediately without prior notice.
- You are solely responsible and hold ArtRev.com without any liability for the design, development, operation, and maintenance of your website and for all content that appear on your website. Further, you indemnify and hold ArtRev.com harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the design, development, operation, maintenance, and content supplied to you by ArtRev.com.
- You may not purchase or register domain names or bid on search engine keywords or use meta tags that contain the following list of words: artrev.com, artrev.net, artrev.ca, artrev.eu, artrev.co.uk, decorateyourlife.com, decorateyourlife.net, artrev, artrevcom, or any variations of our domain names, corporate names or trademarks. You may not use as meta tags, display, or bid on our legal name, website domain names, trademarks, or any variations of our trademarks in any search engine marketing campaign.
- You may only use the links, tools, and code provided to you as is and as instructed. Modifying the links functionality to alter your commission performance in any way will result in immediate account termination.
- You may not alter any ArtRev.com logos or trademarks in any manner.
- ArtRev.com has a zero-spam policy and will not tolerate spam of any kind. If you send unsolicited commercial email ("UCE") or ("spam") to sell our products or services, you account will be terminated immediately without notice. This includes sending commercial emails without proper and valid email headers.
- You may never represent yourself or your website as ArtRev.com to any third parties.
- You may not use your own framing or iframe code to include unauthorized website pages on your website.
- ArtRev.com understands that many online businesses may send newsletters to its subscribed members from time to time. If you are planning to promote your affiliation with us through newsletters, you must meet or exceed the following guideline for newsletter promotions:
- You email must use proper and valid SMTP email headers.
- Your email must clearly represent yourself and your website as independent entities from ArtRev.com.
- Your email must contain a valid link for users to unsubscribe from your mailing list in real time.
- Your email must include your business physical address. See a sample newsletter for a reference.
- You cannot include misleading or false information about your affiliation with ArtRev.com or about the products or services advertised.
- You must use the code and links provided to you by ArtRev.com as is and as instructed.
- You must not publish any materials that makes reference to ArtRev.com directly without first submitting such material to us in advance for authorization.
- Affiliate members and ArtRev.com are independent contractors. Nothing in this agreement shall create any legal partnership, joint venture, sales representative, or an employee-to-employer relationship between the two parties.
- As an affiliate member, you will be granted access to the affiliate network website located at http://www.artrev.com/affiliates/ . The affiliate network website is password protected and therefore is a private network with sensitive and confidential data, as well as copyrighted content. You agree that all information contained within the affiliate network website is the exclusive property of ArtRev.com and may not to be disclosed to any third party. You may not copy, modify, distribute, or take screenshots of the affiliate network website content for any reason.
- The security of your affiliate account with us relies heavily on the protection of your account User ID and password. You may not share your account information with anyone. Sharing your account information with a third-party will result in account termination. ArtRev.com will never ask you to send your password or other sensitive information in an email, though we may ask you to enter this type of information on the ArtRev.com website.
- It is the affiliate's responsibility to keep the affiliate account information up to date, including a current mailing address and payment information. Returned or undeliverable mail will result in withholding of future commissions until your account mailing address is updated.
- Important: Affiliate accounts that are not accessed on our system for more than (6) six consecutive months will be considered abandoned and will be purged from our database.
ArtRev.com Intellectual Property
The ArtRev.com trademarks, designs and logos made available to you through the ArtRev.com website and/or its affiliate program are proprietary of ArtRev.com and are subject to the terms and conditions of this agreement. ArtRev.com grants you a limited, non-exclusive, non-transferable, revocable license to use the ArtRev.com marks during the term of this agreement. You agree not to modify the ArtRev.com marks, damage the reputation for quality inherent in the ArtRev.com marks, contest the ArtRev.com marks, or register or attempt to register in any jurisdiction any ArtRev.com mark or any confusingly similar mark or trade name.
WEBSITE COPYRIGHT AND LICENSES
The entire content of this website and the affiliate network website, including but not limited to: text, typography, graphics, design elements, look and feel, logos, buttons, icons, flash and shockwave media, videos, is the property of ArtRev.com or its content suppliers and is protected by United States and international copyright and trademark laws. All content on this website that is not the property of ArtRev.com is used with permission. The copyright of artworks displayed on ArtRev.com is held by either the artist, artist's estate, the artwork publisher, museum, or the artwork supplier and is protected by United States and international copyright and trademark laws.
ArtRev.com wants to establish a long term partnership with its affiliates that is mutually beneficial. However, in the rare event that an affiliate member has committed fraud towards ArtRev.com or other affiliate members, attempted to undermine the legitimate operation of the affiliate program, or breached the affiliate member agreement; ArtRev.com will then have the full right to withhold sales commissions payable to such affiliate member indefinitely, unless it is determined otherwise by a court order or law. In addition, ArtRev.com has the right to terminate any affiliate account who is in violation with the affiliate agreement at any time and without prior notice.
ArtRev.com may modify any of the terms and conditions in this agreement at any time by posting either change notice(s) or a modified version of the agreement on our website. ArtRev.com also reserves the right to send you an electronic email communication announcing such change. If any modification is unacceptable to you, your only remedy is to cancel your affiliate account. Your continued participation in the affiliate program following our posting of a change notice or a modified version of the agreement on our website shall constitute binding acceptance of the change.
Assignment & Transfers
You may not assign this affiliate agreement, by operation of law, due to the sale of your website or entity, or otherwise, without prior written consent from ArtRev.com.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS AFFILIATE PROGRAM AND SUPPORTING WEBSITE AND RELATED INFORMATION IS PROVIDED BY ARTREV.COM, INC. ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARTREV.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OR AVAILABILITY OF THIS AFFILIATE PROGRAM OR WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS AFFILIATE PROGRAM AND WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ARTREV.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ARTREV.COM DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAILS SENT FROM ARTREV.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ARTREV.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS AFFILIATE PROGRAM OR WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
ARTREV.COM USES REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. ARTREV.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY TYPOGRAPHICAL OR OTHER ERRORS OR OMISSIONS IN THE CONTENT OF THIS WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
By visiting the ArtRev.com website and/or applying for the affiliate program, you agree that the laws of the state of Florida, without regard to principals of conflict of laws, will govern this agreement and your use of this website and any dispute of any sort that might arise between you and ArtRev.com.
IDEMNIFICATION & ACTIONS
You agree to indemnify and hold harmless ArtRev.com, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and other affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, attorneys' fees and costs of litigation resulting from or in any way connected with your use of the website, affiliate program; content you submit, post, or transmit through the website; your breach of this agreement; and your connection to the website.
You agree that any claim or cause of action arising out of your use of the website or the affiliate program must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
SEVERABILITY OF AGREEMENT
If any provision of the agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the agreement shall continue in full force and effect.
You agree that ArtRev.com may, in its sole discretion, and at any time, terminate your use of the affiliate program and website, and may remove or delete any or all of your content within the website, without prior notice to you for any reason that ArtRev.com, at its sole discretion, deems appropriate. You further agree that ArtRev.com will not be liable to you or to any third party for the consequences of any termination of your use of or access to the website or the affiliate program. In the event of any termination, you agree that the provisions of this agreement shall survive any such termination.
Given the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, email, privacy, copyright, and trademark infringement. Additionally, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you viewing this website from or initiating your affiliate membership from.
Last Revised on June 28, 2011 - This agreement is subject to change without notice