Creative Entrepreneur Terms of Service
Seller: A person or entity enrolled in Art Urbane's Seller Program determined by Seller's recurring monthly payment to Art Urbane. In this Agreement, Seller is defined by current and post-current enrollment status.
Network Marketplace Service or "Service": Art Urbane's online, password protected platform hosting Art Urbane's training materials accessible and used by Seller to learn Art Urbane's guidelines and procedures, upload and manage products and review the Seller commission package. The Network Marketplace consists of multiple Sellers working in collaboration to sell art and design by "sharing" products to each others' online store fronts on Art Urbane.
Products: Items meant for sale on Art Urbane in the categories of fine art, design, jewelry and fashion accessories.
Artist: An individual or entity that makes a Product.
Agreement: Refers to this Creative Entrepreneur Terms of Service
Description: The Service is an entrepreneurial platform where under the supervision of Art Urbane, Seller is trained to build an online product portfolio in the area of fine art, decorative design and furniture, jewelry and fashion accessories. Seller is taught to work with Artists, communicating Art Urbane’s Terms of Agreement, working with the Artist to select designs and uploading only the Artist approved Products onto the Service platform. Seller is responsible for learning Art Urbane’s Terms of Agreement so as to not communicate inaccurate information to Artists. If Seller communicates inaccurate information to Artist, Art Urbane and Seller are not help liable.
So long as Seller continues to pay Art Urbane’s recurring monthly fee, Seller will retain access to Art Urbane’s Service to upload Products and financially benefit from the sale of Products within the Seller’s Marketplace. Upon Seller’s termination of the monthly fee payment, Art Urbane retains the right to withhold Seller’s access to the Service account, at which time, rights to and the financial benefits from all products within Seller’s Marketplace are transferred irrevocably to Art Urbane. Upon Seller's attempt to reactivate the Marketplace account, Seller's accessibility to their old product portfolio is determined by Art Urbane, where time of Seller's absence and other Sellers' involvement promoting the product portfolio is greatly considered.
Upon Seller’s cancellation of the recurring monthly fee, Art Urbane is not responsible for maintaining Seller’s Marketplace account, and Art Urbane shall not be held liable for any changes made to the account.
Compensation Structure: This arrangement shall be determined and upheld by Seller’s payment of Art Urbane’s recurring monthly fee, and in turn, Seller shall receive commission from gross profits, after shipping costs, from the sales of Products within Seller’s Marketplace on Art Urbane. Gross profit is defined as all profits after costs of goods sold, where operating expenses, payment of all executive salary and Art Urbane commission is excluded.
Pay Periods: All monies in which Seller are entitled to receive a share as determined above which are received by Art Urbane shall be paid to Seller either within a few days of a products purchase or on the 1st day of the following month. Notwithstanding the foregoing, Art Urbane shall only pay commissions on any transactions after Art Urbane receives its entire commission/fees related to such transactions.
Termination: I understand and agree that employment and compensation may be terminated with or without cause and with or without notice at any time by Art Urbane or Seller. Art Urbane retains the right to terminate a Seller’s account due to Seller’s continued selection of art and design that goes against the quality and aesthetic guidelines of Art Urbane. Art Urbane may select to train Seller on finding products in line with the quality and aesthetic guidelines of Art Urbane in lieu of Art Urbane electing to terminate this Agreement.
Equal Opportunity Statement: Art Urbane provides equal opportunities (EEO) to all Sellers and applicants for regardless of race, color, religion, gender, sexual orientation, gender identity, national origin, age, disability, genetic information, marital status, amnesty or status as a covered veteran in accordance with applicable federal, state and local laws. Art Urbane complies with applicable state and local laws governing nondiscrimination in every location in which the company has facilities.
Art Urbane expressly prohibits Sellers from any form of unlawful harassment based on race, color, religion, gender, sexual orientation, national origin, age, genetic information, disability or veteran status. Improper interference with the ability of Art Urbane Sellers to perform is absolutely not tolerated.
Complaint Process: Sellers who believe they have been the victims of conduct prohibited by this policy statement or who believe they have witnessed such conduct should discuss their concerns immediately to Art Urbane.
Art Urbane encourages the prompt reporting of complaints or concerns so that rapid and constructive action can be taken before relationships become irreparably strained. Therefore, although no fixed reporting period has been established, early reporting and intervention have proven to be the most effective method of resolving actual or perceived incidents of harassment. Confidentiality will be maintained throughout the investigatory process to the extent consistent with adequate investigation and appropriate corrective action.
If a party to a complaint does not agree with its resolution, that party may appeal to Art Urbane's Human Resources department by way of email to firstname.lastname@example.org. False and malicious complaints of harassment, discrimination or retaliation may be the subject of appropriate legal action.
Confidentiality: Our clients and other parties with whom we do business entrust the company with important information relating to their businesses. It is our policy that all information considered confidential will not be disclosed to external parties or to Sellers without a “need to know.” If a Seller questions whether certain information is considered confidential, he/she should first check with Art Urbane.
This policy is intended to alert Sellers to the need for discretion at all times and is not intended to inhibit normal business communications.
Conflicts of Interest: Sellers must avoid any relationship or activity that might impair, or even appear to impair, their ability to make objective and fair decisions when performing their jobs. At times, a Seller may be faced with situations in which business actions taken on behalf of Art Urbane may conflict with the Sellers’s own personal interests. Company property, information or business opportunities may not be used for personal gain.
Conflicts of interest could arise in the following circumstances:
Being employed by, or acting as a consultant to, a competitor or potential competitor, supplier or contractor, regardless of the nature of the employment, while a Seller with Art Urbane and sharing proprietary company information.
Serving as a board member for an outside commercial company or organization that is a potential competitor.
Owning or having a substantial interest in a competitor, supplier or contractor.
Accepting gifts, discounts, favors or services from a customer/potential customer, competitor or supplier, unless equally available to all Sellers.
Sellers with a conflict-of-interest question should seek advice from Art Urbane management. Before engaging in any activity, transaction or relationship that might give rise to a conflict of interest, Sellers must seek review from an executive at Art Urbane by contacting email@example.com.
Attire and Grooming: It is important for all employees to project a professional image while meeting Artists by being appropriately attired. Art Urbane Sellers are expected to be neat, clean and well groomed. Clothing must be consistent with the standards for a business environment and must be appropriate to the type of work being performed.
Art Urbane is confident that Sellers will use their best judgment regarding attire and appearance. Continued disregard of this policy is cause for termination.
Electronic Communication & Behavior on the Network: The following guidelines have been established for using Art Urbane's Service and e-mail behavior in an appropriate, ethical and professional manner:
The following actions are forbidden: using disparaging, abusive, profane or offensive language; creating, viewing or displaying materials that might adversely or negatively reflect upon Art Urbane or be contrary to Art Urbane’s best interests; and engaging in any illegal activities, including piracy, cracking, extortion, blackmail, copyright infringement, and unauthorized access using an Art Urbane email address.
Sellers may not copy, retrieve, modify or forward product or collection pages on the Network, unless Seller is directly responsible for introducing the Product to the Network.
Sellers may not manipulate their Affiliate Link in any manner and place the Affiliate in any other place on the Network besides in their store's collection page.
Correspondence with artists through e-mails are considered business records and may be subject to discovery in the event of litigation. Be aware of this possibility when sending e-mails to artists and designers or other Sellers.
Social Media—Acceptable Use: Below are guidelines for social media use.
Sellers may not post financial, confidential, sensitive or proprietary information about the company, clients, employees or applicants.
Sellers may not post obscenities, slurs or personal attacks that can damage the reputation of the company, clients, employees or applicants.
When posting on social media sites, Sellers must use the following disclaimer when discussing -related matters, “The opinions expressed on this site are my own and do not necessarily represent the views of Art Urbane.”
Art Urbane strictly monitors all activity on the Network. Policy violations may result in discipline up to and including termination of this Agreement and legal action. If Art Urbane’s business reputation is affected by Seller’s actions, Art Urbane shall seek retribution in court.
Limitation of Liability: Representatives act independently and are not employees or independent contractors of Art Urbane. As such, neither Artist, on the one hand, nor Art Urbane or its suppliers or resellers or other Artists, on the other hand, shall be liable to the other or any third party for (I) any indirect, special, incidental or consequential damages of any character arising our of the use of or inability to use the Art Urbane service or any information provided on the Art Urbane website or any other hyperlinked web site, including, without limitation, damages for loss of goodwill, any lost profits, business interruption, loss of programs or other data, even if Art Urbane has been advised of the possibility of such damages or (II) any claim attributable to error, omissions or other inaccuracies in the web site or any hyperlinked web site. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above exclusion may not apply. In such jurisdictions, a Party's liability is limited to the smallest amount permitted by law. This paragraph will survive the failure or any exclusive or limited remedy. You agree that Art Urbane, although the provider of the service, has n responsibility or liability as a result of placement of authorized Links to your website, from Representatives.
Governing Law: This document shall be interpreted and construed according to the laws of the State of California.
Consent to Jurisdiction: Any lawsuit based upon any case of action arising between the parties whether under this agreement or otherwise, shall be brought in the court of record in Los Angeles, CA and each party consents to the jurisdiction of these courts in any legal proceeding, and waives any objection which they may have to venuing any legal proceeding in these courts, including any claim that the legal proceeding has been brought in an inconvenient forum.
Warranty: Except as otherwise explicitly set forth herein, Art Urbane makes no warranties, express or implied, concerning the procedures and operations covered by this Agreement or any Agreement with Seller including, without limitation, any warranty or fitness for a particular purpose, of sales, or against infringement. Seller hereby waives any claim (including any claim based on strict or absolute liability in tort) that it may have against Art Urbane, except that Art Urbane shall be responsible for the payment of Seller’s share of any sale proceeds and is not released from the payment thereof.
Personal Guaranty: By checking the box "I Agree" on the Seller registration page, each party hereto unconditionally and absolutely guarantees the full, faithful and prompt performance by the named applicant of all the terms and conditions of this Agreement and any or all other agreement(s) or contract(s) hereafter executed by the parties.