| Terms and Conditions - The Michael Wilcox School of Color Inc. Internet Affiliate Program |
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| Agreement between the Michael Wilcox School of Color, (hereafter known as the ‘The School of Color’) and an Affiliate (individual, organization or business). |
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| 1) Summary of the Affiliate Program |
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| a) An Affiliate web site promotes products offered by the Michael Wilcox School of Color, (hereafter known as the ‘The School of Color’), through an online product page, Hereafter known as the ‘catalogue’. The catalogue can be promoted on the Affiliate’s web site, on the web pages/web sites of an Affiliates associated Members (where applicable) and via a link on an e-newsletter etc. |
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| b) Each product on the catalogue is linked directly to the online shop of the School of Color. When a purchase is made as a result of this link the School of Color will automatically trace the origination of the order and pay the Affiliate a commission of the sale, either in cash or in credit. |
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| c) It is suggested that the commission for non-profit organizations, such as Art Societies or Educational establishments, be accumulated in the form of credit towards future purchases of School of Colors products. Such purchases could provide materials for students and/or prizes at art shows. However, as with all Affiliates, commissions can either be in cash or in credit. |
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| d) In addition to a commission we are able to offer Art Societies and Art Groups a free web page for themselves and also for each Member, a free ‘Color & Technique’ e-newsletter and, in the near future, space for artists to promote and sell their work via the School of Color web site. |
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| 2) Setting up as an Affiliate is straightforward. |
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| a) During the approval process the School of Color will discus with you where the link will be placed and how best to promote the catalogue. Once this has been established we will issue the link to the catalogue. This link is encrypted with a code that allows us to trace all orders placed through it. |
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| b) A statement of your account will be emailed to you at the end of each month. |
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| 3) Web sites suitable for Affiliation and Commission |
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TYPE |
CASH |
CREDIT |
Artist |
10% |
15% |
Art Teacher |
10% |
15% |
Art Society |
10% |
15% |
Art Gallery/ Museum |
10% |
15% |
Art School/College/Art Department |
10% |
15% |
Art & Crafts Resource web site |
10% |
15% |
Product Related Web site |
10% |
15% |
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Bookstore |
20% |
20% |
Art & Crafts Supply |
20% |
20% |
Major Retailers |
20% |
20% |
Online shopping network |
20% |
20% |
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| 4) Enrolment as an Affiliate |
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| a) Acceptance into the Affiliate program is granted at the sole discretion of the Michael Wilcox School of Color Inc. |
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| b) Those joining the Affiliate program can be based anywhere World-wide as we have offices in the USA, the UK and Australia. Commission will be paid directly into the Affiliate’s bank account by the appropriate School of Color office. |
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| 5) Nature of the Affiliate Relationship |
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| a) Under this agreement, the Affiliate will promote the School of Color’s products by referring customers via links to the www.schoolofcolor.com web site. In exchange for this effort, the School of Color Inc. will pay the Affiliate a referral fee for sales that result from the Affiliate link. School of Color Affiliates are independent contractors of the School of Color |
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| b) Disclaimer: The Affiliate relationship does not create a partnership, joint venture, agency, franchise, or employment relationship between the Affiliate and the Michael Wilcox School of Color Inc. The Affiliate will have no authority to make or accept any offers or representations on behalf of the Michael Wilcox School of Color Inc. |
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| 6) Responsibilities |
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| a) Under this Affiliate Agreement the Michael Wilcox School of Color Inc. is responsible for the processing and fulfillment of all customer orders received by School of Color web sites. |
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| b) The Affiliate is responsible for implementing properly formatted Affiliate links. If the Affiliate chooses to place the Affiliate links on a web site, the Affiliate is solely responsible for the development, operation, and maintenance of the Affiliate web site and for all materials that appear on the Affiliate web site. |
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| c) School of Color Inc. disclaims all liability resulting from the Affiliate's use of Affiliate links. The Affiliate will indemnify and hold School of Color Inc. harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of the Affiliate web site. Affiliates acknowledge and agree that their web site information (name, URL, etc.) may be utilized by School of Color Inc. Possible uses include but are not limited to lists of Affiliate sites, featured Affiliates, etc. Members agree to allow School of Color Inc. to publish screen shots of any web site that contains an Affiliate link to the School of Color web sites. |
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| d) The School of Color Inc. will indemnify and hold the Affiliate harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of the School of Color Inc. web site. |
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| 7) Anti Spam Policy |
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| a) Web site Affiliates of the Michael Wilcox School of Color Inc. may earn a commission of sales by promoting the School of Color products on their web site and in opt-in newsletters and personal e-mail messages. The promotion of School of Color products in electronic mail messages sent to recipients whom the Affiliate does not personally know is not permitted unless the recipients specifically have opted-in to receive such messages. Messages that are prohibited include: "Spam" e-mail messages, newsletters sent to a group in which some or all of the recipients have not specifically requested to receive the newsletter; and newsgroup postings, chat group postings; and "listserv" postings that deviate from the topic of discussion or that generate multiple complaints. |
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| b) Affiliates who are found to have violated this anti-Spam policy will be terminated from the program. |
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| 8) Commission |
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| a) The School of Color Inc. will pay web site Affiliates a commission on orders that are generated as a result of a customer's arrival at the School of Color web site using an Affiliate link containing the Affiliate's ID number. |
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b) Shipping and handling charges and sales tax are excluded from the sales total used to determine the commission. |
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| c) The commission will be credited only when the payment for the sale is cleared. If the buyer, for sound reason, requests a refund at a later time, the original commission credited will be deducted from the account. To receive credit, the Affiliate is responsible for ensuring that the links are properly implemented with the Affiliate's ID number properly formatted in the link. |
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| d) We reserve the right to change the product prices from time to time that may have an effect on the commission. |
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| e) Any tax liability on the amount of commission received will be the Affiliates responsibility. |
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| 9) Payment |
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| a) Cash commissions are paid at the end of each month for sales referred during the same month. The payment currency is dependable on the relevant School of Color web site (USA,UK or Australia). If the Affiliate has accrued less than $50 (or equivalent) the earnings will be carried over to the following month. Payment checks are mailed to the address provided on the Affiliate application. It is the responsibility of the Affiliate to keep this information up to date. |
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| 10) Program Duration |
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a) This Affiliate program will continue until further notice. School of Color Inc. reserves the right to discontinue this program at any time without advance notice. In the case of program discontinuation, Affiliates will be paid all accrued referral fees earned up to the date of program discontinuation, according to the normal payment schedule, even if the amount is less than $50.00 (or equivalent). |
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| b) Any Affiliate may withdraw from the program at any time. The Affiliate will be paid according to the normal payment schedule. |
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| 11) Limited License |
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a) The School of Color Inc. grants the Affiliate a non-exclusive, non-transferable, non-sub-licensable, revocable right to use the School of Color Affiliate images solely for the purpose of participating in the School of Color Affiliate program. The Affiliate may not modify the images in any way. School of Color Inc. reserves all rights for its images, trade names, trademarks, and all other intellectual property rights, and may revoke the Affiliate license at any time by providing written notice. |
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| b) Except as provided in this Affiliate agreement, the Affiliate agrees that it has no rights, title or interest in or to the intellectual property of School of Color Inc, and agrees not to apply for registration of any of the intellectual property anywhere around the world. The Affiliate agrees that it will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image or reputation of School of Color Inc. or any trademark of School of Color, Inc. |
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| 12) Independent Investigation |
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| a) The Affiliate acknowledges that it has read this agreement and agrees to all of its terms and conditions. The Affiliate understands that School of Color Inc. may at any time solicit customer referrals on terms that may differ from those contained in this agreement. The Affiliate has independently evaluated the desirability of participating in this Affiliate program and is not relying on any representation, guarantee, or statement other than as set forth in this agreement. |
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| 13) Modification |
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| a) School of Color Inc. may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the School of Color web site. Modifications may include but are not limited to changes in scope of the referral fees, rates of the referral fees, payment procedures, and Affiliate program rules. The Affiliate's continued participation in the Affiliate program following the posting notice of any changes in these terms and conditions will constitute a binding acceptance by the Affiliate of such rules, changes, or modifications. |
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| b) IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE, THE ONLY RECOURSE AVAILABLE TO THE AFFILIATE IS TO TERMINATE THIS AGREEMENT. THE AFFILIATE'S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE NUSHIELD.COM SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. |
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| c) The Affiliate may terminate the Agreement at any time by informing the School of Color of their intention. Any outstanding matters such as commission payment will then be finalized without undue delay. |
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| 14) Prohibited Sites |
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| Prohibited sites include but are not limited to those that promote or engage in illegal activities, violence, hate, explicit content, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age. Affiliates who violate these policies will be terminated from the program and will forfeit any accrued commissions. |
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| 15) Disputes |
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| a) In the case of a dispute arising from the implementation of this Agreement the ‘School of Color’ will submit to the jurisdiction of the country in which the relevant office is located. |
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| 16) Acceptance of the Terms of this Agreement |
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| a) To indicate your acceptance of the Terms of this Agreement, please click the check box on the sign up form and click "Proceed" to complete your application. |