Artist Agreement

Last updated: September 13th, 2017

Summary

American Artwork arranges and pays for shipping.We determine the shipping rates, and add to them to the purchase price. Artists are responsible for packing, we are responsible for delivery & insurance.

We take a 30% commission of artwork sales, and forward 70% to the Artist (minus shipping and the 3% credit card processing fee). Our commission is reduced to 20% if the sale is made due to a referral link on your website.

You must provide accurate information, not set prices higher than found elsewhere online, be the sole creator and owner of the original artwork, and refrain from marketing directly to American Artwork customers. Your account can get docked if you don't follow the Packing & Shipping Guidelines, or if a Customer buys a piece that you've already sold elsewhere.

Artists participating in our annual printed book can view those terms here.

 1. Overview

The American Artwork website ("American Artwork " or "we" or "our" or AmericanArtwork.net) is operated by W. Thomas Palmer dba American Artwork, located at 930 Dwight Way #7, Berkeley, CA 94710.

The purpose of American Artwork  is to provide an online sales vehicle for artists' original work. We are not directly involved in the transaction of any sale between you and a Customer introduced to you through the Site. Our role is limited to receiving payment from Customers, arranging shipping/insurance, and remitting to you your Artist's Revenue Share for completed sales.

Your general use of the site as a visitor and buyer is additionally governed by our Terms of Use. We reserve the right to alter these Terms or other site policies at any time, so please review them often to ensure you are aware of any changes.

These Terms are governed by the laws of the State of California. You agree to submit to the exclusive jurisdiction of the courts of California with respect to your relationship with American Artwork. It is your responsibility to comply with all laws applying to online conduct and admissible content in the locale from which you operate.

2. Eligibility & Content

By accepting these Terms you warrant that:

- You are at least 18 years of age.

- All information you provide is truthful and kept up to date.

- You are the creator and sole owner of all art uploaded to the site using your account login credentials.

- You are solely responsible for all content uploaded to AmericanArtwork.net using your account login credentials. You will not upload content which we reasonably believes to be offensive, obscene, or infringes upon a third party's privacy or intellectual property rights. We reserve the right to remove any or all of your content at any time, at its sole discretion.

You hereby grant American Artwork a worldwide, non-exclusive, royalty-free right and license to access, view, use, copy, reformat, distribute, publicly display, and transmit your uploaded content via online and physical sales channels. Your sole compensation shall be the Revenue Share described below.

Any personal data supplied by users of American Artwork shall be owned by American Artwork and subject to our Privacy Policy. Where you receive personal data from users of the Site, you will comply with all applicable laws and regulations and the our Privacy Policy.

3. Revenue Sharing & Commission Policy

You may list your art on AmericanArtwork.net free of charge. After the customer pays for their artwork, you will receive a confirmation email with all details needed to fulfill the order. You can view current and past orders, and mark them as shipped, in your dashboard.

American Artwork is entitled to take commission on any sale of your artwork to any Customer first introduced to you, or with whom you have first made contact, via the Site. Any attempts to complete sales initiated on the Site outside of the American Artwork platform are strictly prohibited, and will result in the closing of your account. If such sale has been completed, we reserve the right to debit our commission from your account accordingly.

American Artwork takes a 30% commission of your provided price for all sales initiated on the Site. In the event of any change to this Commission Policy, we will provide you 30 day’s notice via email, and by posting the changes on the Site.

Your Revenue Share is 70% of your provided price, minus 3% credit card processing fees. Your Revenue Share is held for 30 days—after which the period for Customer returns will have past—then sent to you via check. This 30-day period may be increased if the artwork was not shipped within 6 days, or if there is any dispute between you and American Artwork, or you and the Customer, until such dispute is resolved to American Artwork's reasonable satisfaction.

We will charge California State sales tax for any artwork being shipped to a California address, and remit that tax to the State. It is your responsibility to comply with any tax requirements in the locale from which you operate.

4. Accurate Information

You agree that all art you submit to American Artwork and offer for sale will be presented accurately. We may debit any costs associated with Customer Returns from your account balance resulting from misleading descriptions or images.

The prices you set for your art must reasonably reflect the value of the work offered for sale, and must be equal to the price set for the same work on any other channels through which the work is sold.

You agree to promptly take down artwork that you have sold elsewhere. If a Customer buys a piece on American Artwork and must be informed that it is already sold, your account will be debited for $50 per occurrence.

5. Packing, Shipping & Insurance

We will arrange and pay for the insuring and shipment of your art for delivery to customers.

It is solely your responsibility to ensure that you package your art sufficiently and ship to minimize the likelihood of damage. Any packing guidance provided by American Artwork in the form of help articles or support correspondence comes with no guarantee of safe transit if followed. American Artwork accepts no liability for damage to artwork in transit from you to your Customer.

Art must be packed in accordance with our Packing Guidelines and shipped within within 5 days, unless the artwork is advertised as requiring a longer lead time, in which case artist must ship within that specified lead time (for example, 3-4 weeks for custom furniture.). Otherwise, we may debit any costs associated with resulting Customer returns or cancellation requests from your account balance. American Artwork may treat as unfulfilled any orders not shipped promptly.

In the event of damage in transit to the customer, we will file a damage claim with the carrier, provided the artwork was properly packaged. If the claim is successful, you will receive your standard revenue share. You accept the responsibility of packaging each item properly, using our guidelines and and those of contracted shipping carriers. If an item is damaged in transit and was not properly packaged, we will not file a claim with the shipping carrier, and will not reimburse you for the full value of the work.

6. Returns & Disputes

You agree to honor American Artwork ’s current Site-wide Customer Return Policy. Customer Returns are arranged by American Artwork. You will receive an email regarding any approved returns requests for artwork you have sold through American Artwork.

We will instruct the Customer to pack the artwork using the same materials in which they were received, and to return the artwork to your stated shipping address.

If, at our sole discretion, the return is due to inaccurate information you provided regarding the artwork, or due to damage resulting from inadequate packing, we may debit your account for both original shipping and return shipping, and credit the Customer. We suggest you take pictures during packing, and forward them to American Artwork in the event of a dispute.

Customers' standard refund for returns includes the original shipping charges incurred for sending the item to them. In the event of such a return, we will debit your account for 50% of the original shipping charge. American Artwork will absorb 50% of the original shipping charge.

7. Termination & Cancellation

Either party may, in its sole discretion, terminate this agreement, without notice. Upon termination, all rights and obligations will be extinguished other than those necessary to process any orders placed prior to termination.

You may request deletion of your American Artwork account by emailing us. On receiving notice of your cancellation request, we will endeavor to remove your artwork and gallery area from the Site within 3 working days.

8. Liability

American Artwork is a venue and provides an online gallery only. The Site is provided on an “as is” basis. American Artwork makes no representations or warranties of any kind to you relating to the Site.

In no event will American Artwork be liable for any damages of any kind arising from use of the Site, or loss of use (including loss of profits and loss of data). American Artwork will take reasonable measures regarding Site security and uptime, but does not warrant that the Site cannot be hacked or experience downtime.

American Artwork's total liability to you shall not exceed the total amounts actually received in any calendar year in connection with sales of your art through the Site.

Artist’s work must comply with all applicable rules and regulations and be safe and fit for the intended use. Artist will not use uses materials known to be hazardous to humans or animals under any circumstance.

You hereby indemnify American Artwork and keep American Artwork and its employees at all times fully and effectively indemnified from and against all actions, proceedings, claims, demands, costs (including, but not limited to, legal costs of American Artwork ), awards and damages however arising as a result of any breach or non-performance by you of any of the undertakings, warranties, representations or obligations under these Terms or otherwise arising from a transaction between you and a Customer, or from your use of the Site.

9. Communications with American Artwork

American Artwork will communicate with the Artist primarily through email and AmericanArtwork.net. Artist must maintain an active email address and a computer with Internet access. Artist must learn how to use the American Artwork dashboard to maintain accurate information, receive orders, and mark them as shipped.

Artist must inform American Artwork in the case of illness, planned travel, emergency studio closures or any other circumstance that would affect the fulfillment of orders.

10. Communications with Customers

Orders received from customers, and all information about those orders and customers, are the property of American Artwork. Artist will not solicit customers of American Artwork to purchase directly from Artist, or add the customer's email to their mailing list.

To preserve customer privacy rights, Artist will not contact customers directly for any reason other than through their American Artwork dashboard Order Notes, unless requested by American Artwork.

In order to present a consistent look and brand presence to the customer, Artist agrees to use only new packaging materials. Artist agrees to use any American Artwork branded labels, package inserts and other materials that may be provided by us.

Artist agrees not to insert any of Artist’s own advertising materials in any order to customers of American Artwork except for resumes, bios, or artist’s materials that do not include contact information.

11. General

Nothing in this Agreement shall be deemed to create any rights to any Person or entity not a party to this Agreement. These Terms shall not be deemed to constitute a partnership, joint venture, contract or relationship of employment between the parties.

These Terms and any obligations or liabilities arising in connection with these Terms shall be governed by the laws of The State of California and the parties submit to the exclusive jurisdiction of the California courts.