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THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS UPON WHICH ART.COM OFFERS YOU
PARTICIPATION WITHIN ART.COM’S AFFILIATE PROGRAM. BY APPLYING AND PARTICIPATING
IN THE AFFILIATE PROGRAM, YOU AGREE TO BE BOUND BY THE TERMS HEREIN. ACCEPTANCE
OF THIS AGREEMENT CREATES A BINDING LEGAL AGREEMENT BETWEEN YOU AND ART.COM THAT
YOU WILL USE THE WEBSITE, LINKS AND ALL OTHR PROPERTY OF ART.COM ONLY IN A MANNER
THAT IS CONSISTENT WITH THIS AGREEMENT.
This agreement (“Agreement”) is by and between Art.com, Inc., a Delaware company,
(“Art.com”, “we” or “us” and “our” shall be construed accordingly) and you (“Affiliate”
or “you” and “your” shall be construed accordingly) (each individually a “Party” and
collectively the “Parties”) as an online Affiliate in Art.com’s Affiliate Program
(the “Program”) regarding the establishment of links from your affiliate web site
(“your site” or “Affiliate site”) to our web site, www.art.com (“our site” or “Art.com”).
For purposes of this Agreement, “our Website” also includes any www.art.___ Website
operated by us other than www.art.com.
1. Enrollment in the Affiliate Program
To begin the enrollment process, you shall submit a complete Affiliate Program application via our site. The Program is designed for participants aged 18 and above who can form legally binding contracts under applicable law. By accepting this Agreement and participating in the Program, you acknowledge that you are age 18 or above. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable. If we reject your application, you are welcome to reapply to the Affiliate Program at any time subject to the removal of any content that may have been found objectionable to Art.com. You should also note that if we accept your application and your Website is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement immediately without prior notice.
2. Promotion of Our Affiliate Relationship
As an Affiliate, we shall make available to you a variety of graphics and textual links (each of these links sometimes being referred to herein as “Links” or, individually, as a “Link”), which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links shall serve to identify your site as a member of our Affiliate Program and shall establish a link from your site to ours. As an Affiliate, you are allowed to have one or more of the following types of Links to our site: product links, category links, search box links and a general link to the Art.com home page. In utilizing the Links, you agree that you shall abide by all Art.com guidelines and policies and cooperate fully with us in order to establish and maintain such Links.
You also agree that you shall display on your site only those graphic or textual images indicating a Link (“Art.com Images”) that are provided by us, and you shall substitute such Art.com Images as directed by us with any Art.com images provided by us from time to time throughout the term of this Agreement.
By loading or agreeing to have Art.com images loaded onto your site, you agree that you will cooperate fully with us and comply with this Agreement at all times in a manner consistent with our current policies including but not limited to our Content Policy and our policies regarding image resolution and proprietary notices, such as copyright and trademark notifications. The Affiliate Site shall display such Art.com Images prominently in relevant sections of its site. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of your site to our site shall in no way alter the look, feel, or functionality of our site.
No Disney character art, likenesses, voices, animation, sound recordings, or music shall be used in promoting the Products as defined below in Section 6. In addition, all Disney copyright notices must be accurately and appropriately displayed in appropriate areas of your site. All reproductions of Disney licensed Product, Disney titles, logos, or other approved Disney materials must be accompanied by a Disney copyright notice in the form, “© Disney”, along with any other special copyright notice as may be required by suppliers of Art.com and provided in writing by Art.com to you. Your site may not be positioned as owned, operated, or endorsed by Disney or other suppliers or Art.com.
Use of Images
The product images provided to members of the Program are the property of Art.com, its corporate affiliates or its content suppliers and are protected by United States and international copyright laws. You may not use any product image in any way that exceeds the limited license granted to you. This limited license allows you to use product images solely for the purpose of creating Links connecting your Website to our Website and promoting our products for sale. This means, among other things, that you may not: (a) alter, modify or manipulate any product image; (b) use a product image in any form other than the form provided by us; (c) remove any code or identifying information from any product image; or (d) inactivate the link associated with any product image or cause the image to ultimately link to a destination other that our Website.
3. Our Responsibilities
We shall be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We shall be solely responsible for processing every order placed by a customer following a special Link from your site to our site, for tracking the volume and amount of sales generated by your site, and for providing information to you regarding sales statistics via our reporting platform. We shall be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.
4. Affiliate Responsibilities
a. If you qualify and agree to participate as an Affiliate Site, you may display Links prominently throughout your site as you see fit in a manner consistent with this Agreement.
b. You shall be entitled to earn referral fee payments for customer sales as set forth in Sections 6 and 7 below.
c. You shall not use any existing or future software product or service (including, without limitation, any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, insert, read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Art.com by any other person or entity.
d. You shall not use any existing or future software product or service (including, without limitation, any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, insert, read, intercept, record, redirect, interpret, append itself to, or otherwise intercept or interfere in any manner with any click-through or other traffic-based transaction that originated from any Art.com Affiliate affecting in any manner any compensation or other payment earned by or owing to any such Art.com Affiliate.
e. You shall not in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site.
f. You shall not use any existing or future software product or service (including, without limitation, any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner a World Wide Web user’s access, view or usage of, or other aspect of such user’s experience at any Affiliate’s website in a manner that causes or otherwise results in a different experience from what was otherwise intended by such Affiliate. You shall not take any action that could reasonably cause any confusion to the user as to what website transactions or actions are occurring.
g. You shall not cause the creation or over-writing of any commission tracking cookie on a consumer’s computer unless it is the direct result of a click, on a link to the Art.com site. You shall not cause the creation of any commission tracking cookie on a consumer’s computer through the means of automatically popping up the Art.com site, through the use of “I-frames” nor through any other method, other than through a direct consumer-initiated click, on a link to the Art.com site.
h. Except for linking as described above, you shall not post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any “framing” technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action.
i. You understand that the use of unsolicited commercial e-mail (“spam”) by Art.com affiliates is absolutely prohibited. Your participation in the Art.com Affiliate Program constitutes your specific and unconditional agreement to abide by this anti-spam policy. Use of any lists, whether purchased or created, compiled by means of automated tools are not permitted. Also, you must use valid e-mail headers at all times.
j. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities listed in Section 4a through 4i, we reserve the right (without limiting any other rights or remedies available to us) to withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement immediately without prior notice. If we are required to enforce any of the foregoing restrictions, you will be obligated to reimburse us for any attorneys’ fees reasonably incurred in connection therewith.
5. Relationship
If, at any time, we discover that you are using your affiliate relationship with us for any reason other than as mutually intended under this Agreement, your relationship with us may be immediately terminated without prior notice and we reserve the right (without limiting any other rights or remedies available to us) to withhold any referral fees otherwise payable to you under this Agreement. If we are required to enforce the foregoing restriction, you will be obligated to reimburse us for any attorneys’ fees reasonably incurred in connection therewith.
6. Referral Fee Payment Determination
Only products that we choose to offer through our website (“Products”) that are (a) sold by us, (b) purchased by users linking to our site from your site (as an approved affiliate) pursuant to a Link (“Linked Users”), (c) delivered to a customer, (d) for which we have received full payment, shall qualify for a referral fee payment (each, a “Qualifying Purchase”). For each Qualifying Purchase, a referral fee will be paid on the amount of the order less taxes, duties, shipping, discounts and/or promotions, amounts returned for credit card fraud, bad debts or for returned goods and chargebacks. Referral fees will only be paid in US dollars. If a product that generated a referral fee is returned by the customer, we will deduct the corresponding referral fee from your next payment. If there is no subsequent payment due, you will be billed for and required to repay the referral fee. The amount of the Qualifying Purchase(s) minus the applicable deductions referenced in this Section 6 shall be considered as “Net Sales”. For affiliates other than Coupon Affiliates (see below), Affiliate Program referral fee percentages can be found on the “Commission Structure” page of our site.
For Coupon Affiliates, the referral fee percentage is a fixed 5.0%. A “Coupon Affiliate” is an affiliate whose business model substantially consists of making coupons available. Whether an affiliate is classified as a Coupon Affiliate shall be determined by Art.com in its sole discretion. Factors that may lead to classification as “Coupon Affiliate” include, but are not limited to (i) the presence of coupon offerings, especially from many different merchants, on the affiliate’s website, especially if such coupons represent many different merchants and/or are indexed or are organized in a directory; (ii) the presence of certain words (or variations or misspellings thereof) in the website’s URL or prominently featured in the website’s content, such as “coupons,” “deals” or “savings”; (iii) a website that is focused on other merchants and the discounts or promotions offered by them, rather than on products, and that features little original, human-generated content.
Sales of Gift Certificates do not earn referral fees, however purchases made with gift certificates earn referral fees based on the basic rates.
7. Referral Fees Payment
When the total referral fee payment(s) due to you (based on Section 6 above) exceeds your specified minimum payout level, at the end of any calendar month, you shall be paid by a company check for the applicable referral fee (less any taxes required to be withheld under applicable law). Such referral fee checks shall be sent approximately thirty (30) days after the end of each calendar month earned and shall be paid in US dollars only. If we determine, in our sole discretion, that you have breached this Agreement, we may (without limiting any other rights or remedies available to us) withhold any revenue sharing fees otherwise payable to you under this Agreement. As a condition to payment of a referral fee, you must provide Art.com all information reasonably necessary for Art.com to process payments to you in accordance with any and all applicable laws and regulations. This includes, but is not limited to your tax identification number (for businesses located in the US).
8. Sub-Affiliates
Subject to the terms in this Agreement, Art.com will also pay you referral fees on sales made by all approved web sites you recruit to Art.com’s Affiliate Program (“Sub-Affiliates”). You may not sign-up any website owned by yourself or beneficially owned by yourself as a Sub-Affiliate. To be eligible as a Sub-Affiliate, each web site you recruit must submit your Affiliate Referral Number when they submit a complete Affiliate Program application on our site. This reference can be made automatically using our recruitment banners that contain special links. Sub-Affiliate status will not be applied to any entity that has previously referred any clicks or sales to Art.com. You are not limited as to the number of Sub-Affiliates you can have. We shall pay you a flat referral fee of 5% of Net Sales for all completed sales arising out of transactions directly linked from the Sub-Affiliate's site to Art.com's site. Art.com's payment of these fees is subject to the same exceptions and conditions as fees paid for Affiliate referrals.
9. Reports of Sales
Through the application process, you shall have the opportunity to register an email address and password and shall have the ability to enter a password-protected site to receive your sales statistics on a daily basis.
10. Policies and Pricing
Customers who buy products at our site through the Affiliate Program shall be deemed to be customers of Art.com. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and Product sales shall apply to those customers. We may change our policies and operating procedures at any time and from time to time. For example, we, in our sole discretion, shall determine the prices to be charged for Products in accordance with our own pricing policies.
11. Publicity
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our prior written consent.
12. Licenses and Use of the Art.com Logos and Trademarks; Reservation of
Rights
a. WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS, TO USE THE ART.COM TRADEMARKS AND LOGOS AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (BUT ONLY IN THE FORM(S) AS PROVIDED BY ART.COM ) (COLLECTIVELY, THE “ART.COM’S LICENSED MATERIALS”), FOR THE SOLE PURPOSE OF PROMOTING ART.COM PRODUCTS ON YOUR SITE. YOU MAY NOT ALTER, MODIFY, OR CHANGE ART.COM’S LICENSED MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS IF YOU ARE A MEMBER IN GOOD STANDING OF OUR AFFILIATE PROGRAM.
b. You shall not make any use of any Licensed Materials for any purpose other than promoting Products on your site. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light.
c. You grant to us a non-exclusive license to use or display your names, titles, and logos, as the same may be amended from time to time (“Affiliate’s Licensed Materials”), in our advertising, marketing, promotional and publicity activities; provided, however, that we shall not be required to so advertise, market, promote, or publicize. This license shall terminate upon the effective date of the expiration or termination of this Agreement.
d. You may not register the words art.com or variations thereof for use in any search engine, portal, advertising service or similar services service. You may not purchase or register search engine keywords, AdWords, search terms or other identifying terms and domain names that include the word "Art.com" or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits You from bidding on:
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"Art.com" and any keyword string that includes this term. For example, "art.com posters", "art.com coupons", "art.com and coupons", "art.com prints", “www.art.com”, etc.;
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Variations of Art.com’s trademarks: for example "art com", "artcom", "www.art.com", "art-com", "art+com", "www.artcom", "ww.art.com", "wwwart.com", etc.; or
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Any form of our trademarks or variation or misspelling thereof in connection with foreign country or other domain extensions.
e. The rights granted by Art.com herein do not constitute any assignment of ownership or other transfer to you of ownership interests therein or in any property of Art.com, including without limitation, any domain name, website or in any intellectual property of Art.com. At no time during or after the term of this Agreement shall you challenge or assist others to challenge any Art.com trademark, logo, or trade dress (except to the extent expressly prohibited by applicable law) or the registration thereof or attempt to register any trademarks, marks or trade names confusingly similar to any Art.com trademark, logo, or trade dress.
f. All licenses, rights and interests in, to and with respect to the Affiliate Program, the Website, Art.com’s Licensed Materials, elements and parts thereof not specifically granted herein to Participant (including, without limitation, all rights of copyright) shall be entirely reserved, as between the Parties, to Art.com and may be fully utilized by Art.com without limitation and without regard to any licenses and rights granted herein. 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 or operate websites that are similar to or compete with your website.
13. Obligations Regarding Your Site
a. You shall be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Such responsibilities include, but are not limited to: (1) the technical operation of your site and all related equipment; (2) creating and posting product descriptions, and references on your site and linking those descriptions to our site; (3) the accuracy and propriety of materials posted on your site; and (4) ensuring that materials posted on your site do not violate or infringe upon, without limitation, the copyrights, trademarks, privacy or other personal or proprietary rights of any third party. Your site shall not (i) violate or infringe upon the rights of any third party, (ii) be libelous, (iii) advocate or promote sexually explicit material, (iv) advocate or promote violence, (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or (vi) otherwise be illegal.
b. We disclaim all liability for all development, operational, maintenance and content matters related to your site. Further, you shall indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
14. Term of the Agreement
The term of this Agreement shall begin upon our acceptance of your Affiliate Program application and shall end when terminated by either party. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party notice of termination. You are only eligible to earn referral fee payment(s) on sales occurring during the term, and referral fee payment(s) earned through the date of termination shall remain payable only if the related Art.com Product orders are not canceled or returned, provided, however, we may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
15. Modification
We may modify any of the terms and conditions contained in this Agreement at any time at our sole discretion by posting a change notice or new version of the Agreement on our site. Terms may be changed or updated at any time, but you shall be able to find the most recent version on our website. Modifications may include, but are not limited to, changes in the scope of available referral fee payment(s) or the payment program in general, payment schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Affiliate Program following our posting of a change notice or new agreement on our site shall constitute binding acceptance of the change.
16. Relationship of Parties
You and Art.com are independent contractors, and nothing in this Agreement shall create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You shall have no authority to make or accept any offers or representations on our behalf. You shall not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
17. Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or any Art.com Products sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site shall be uninterrupted or error free, and we shall not be liable for the consequences of any interruptions or errors.
18. Representations and Warranties
You hereby represent and warrant to us as follows:
a. This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
b. The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby shall not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.
c. You are the sole and exclusive owner of Affiliate’s Licensed Materials and have the right and power to grant to us the license to use your trademarks in the manner contemplated herein, and such grant does not and shall not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
d. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby.
e. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any affiliate of yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
19. Confidentiality
During the course of your participation in the Program, you may receive business and financial information relating to Art.com or to the Affiliate Program that is not known to the general public ("Confidential Information"). Confidential Information includes, without limitation, product datafeeds, customer lists, referral fee percentages and pricing and sales information. You agree (a) that all Confidential Information will remain Art.com’s exclusive property; (b) that you will use Confidential Information only as is reasonably necessary for your participation in the Affiliate Program; and (c) you will not disclose Confidential Information to any individual, company, or other third party.
20. Limitation of Liability
WE SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE 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 AFFILIATE PROGRAM SHALL NOT EXCEED THE TOTAL REFERRAL FEE PAYMENT(S) PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT WITHIN THE LAST SIX (6) MONTHS.
21. Indemnification
You hereby agree to indemnify and hold harmless Art.com and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of Affiliate’s Licensed Materials infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
22. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
23. Governing Law
This Agreement shall be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Oakland, California, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement shall 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 shall not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
24. Disclosure for Legal Purposes
You hereby authorize us to disclose information pursuant to judicial and administrative proceedings, and in connection with law enforcement activities and as otherwise may be permitted by law, to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with your activities as an affiliate, such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability. We will, whenever we believe reasonably possible, use our reasonable efforts to inform you if such information may be so revealed.
25. Severability
If any term, clause or provision of this Agreement shall be deemed invalid or unenforceable for any reason, the remainder of this Agreement shall remain valid and enforceable in accordance with its terms.
26. Waiver
Art.com’s failure to enforce your strict performance of any provision of this
Agreement will not constitute a waiver of our right to subsequently enforce
such a provision or any other provision of this Agreement.
27. No Assignments
You may not assign this Agreement, by operation of law or otherwise,
without our prior written consent.
28. Survival of Provisions
The provisions of Sections 12, 14, 18, 19, 20, 21, 23, 25 and 28 hereof
shall survive termination of this Agreement.
Rules Regarding Press Releases And Other Communications (Including All
Communications On Your Website Or Via Other Media)
The following rules apply to any press release or other communication that
you may issue in connection with your participation in the Program, as well
as to any other promotion of your Website.
A. Any communication must accurately identify that you are participating
in the "Art.com Affiliates Program."
B. Any communication must clearly and accurately describe the nature of your
participation in the Art.com Affiliates Program. Your communication must not create
confusion or misrepresent the nature of your or any other participant's participation
in the Art.com Affiliates Program.
You may, without our prior consent, say the following in any communication: that you
have become an Art.com Affiliate, and/or that you have joined or become a member of
the Art.com Affiliates Program.
You must obtain our prior written consent to use any other description of your participation
in the Art.com Affiliates Program or of the program itself, which we may give or withhold at
our sole discretion. If you seek such consent, please submit the entirety of your proposed
press release to us by email at affiliates@art.com for review.
Rules Regarding Other Website Promotion
A. To protect the integrity of the reputation of our other affiliates as well as the Art.com brand name, you may not promote your Website via certain forms of indiscriminate advertising, commonly referred to as "spamming." Accordingly, you may not promote your Website via postings to non-commercial newsgroups or cross-postings to multiple newsgroups at once.
B. Notwithstanding the foregoing, you may promote your Website via mailings to recipients who are already customers or subscribers to your Website's services, provided that the recipients have the option to remove themselves from future mailings and that you otherwise comply with all applicable laws of your jurisdiction. Further, you may promote your Website via newsgroup postings to newsgroups that specifically welcome commercial messages (when in doubt, consult the newsgroup FAQ or moderators to be sure that such a message is acceptable in that newsgroup).
C. In all promotion, you must clearly represent yourself and your Website as entities independent from Art.com, Art.com's affiliated companies, the Art.com Website, and any of Art.com's affiliated companies' Websites.
D. Generally, in any forum or media, you must honor the advertising practices and restrictions that are commonly considered acceptable by its readers.
Art.com, reserves the right at its sole discretion to modify the foregoing rules at any time.
Art.com, reserves the right to take action against any person or entity that does not
conform to these rules.
Rules Regarding Use of Our Trademarks
These guidelines apply to your use of the Art.com™, “embrace your space” or other trademarks of
Art.com (the "Trademarks") in materials which have been approved in advance by Art.com.
1. You may use the Trademarks solely for the purpose authorized by Art.com.
2. You may not alter the Trademarks in any manner. For example, you may not change the proportion, color, or font of the Trademarks.
3. You may not display the Trademarks in any manner that implies sponsorship, endorsement by Art.com. outside of your involvement in the Affiliates Program.
4. You may not use the Trademarks to disparage Art.com, its products or services, or in a manner which, in Art.com's reasonable judgment, may diminish or otherwise damage Art.com's goodwill in the Trademarks.
5. Each Trademark must appear by itself, with reasonable spacing (at least the height of the Trademark) between each side of the Trademark and other graphic or textual elements.
You acknowledge that all rights to the Trademarks are the exclusive property of Art.com, and all goodwill generated through your use of the Trademark will inure to the benefit of Art.com.
Rules Regarding Paid Search Listings
Many of our affiliates are now using paid search to generate commission. The goal of our paid search rules is to ensure that affiliates follow the most recent search engine guidelines in a manner that does not conflict with our paid search program.
1. You may not represent you or your website as Art.com.
2. You may not use or display www.art.com or variations thereof in either the copy/advertisement or the display URL. Variations include foreign country or other top-level domain extensions.
3. You must follow common search engine guidelines, such as: (a) your display URL must match the ultimate actual destination URL; (b) you may not frame our website as a landing page; or (c) you may not create “redirects” or “jump pages” that immediately direct to our website.
4. If you are going to use the number of products that Art.com offers in your copy, you must use 300,000. Any updates in product count will be communicated to affiliates via email.
5. You shall not purchase or register search engine keywords, AdWords, search terms or other identifying terms that include the word "Art.com" or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits you from bidding on:
- "Art.com" and any keyword string that includes this term, for example, "art.com posters", "art.com coupons", "art.com and coupons", "art.com prints", “www.art.com”, etc.;
- Variations of Art.com’s trademarks: for example "art com", "artcom", "www.art.com", "art-com", "art+com", "www.artcom", "ww.art.com", "wwwart.com", etc.; or
- Any form of our trademarks or variation or misspelling thereof in connection with foreign country or other domain extensions.
All promotions or claims reflected in your copy/advertisement must be accurate at any time that the ad is running.
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