Ends Tonight! 25% Off Sitewide with code BLOOM

 
Artists: Sign In | Sign Up

 

Do you love art and home decor - and share your passion for though a website? If yes, then the Artfully Walls affiliate program is a unique way to earn commissions by promoting beautiful and engaging art and content to your readers, personally curated and styled for them by you!

Send us a mail at support@artfullywalls.com to sign up!

Art Shop Widget Affiliate Program

This Art Shop Widget Program Agreement (the "Agreement" ) contains the terms and conditions that govern your participation in the Artfully Walls Shop Widget Affiliate Program (the "Program" ).

Please read this Agreement carefully. By clicking "I accept" or by participating in the Program, you represent that you (

"Affiliate" or "you" or "your" ) have read, fully understand and agree to the terms of this Agreement with Artfully Walls Ltd. ( "Artfully Walls" or "we" or "us" or "our" ). In addition, if this Agreement is being executed on behalf of a legal entity, you represent and warrant that you are authorized to legally bind that entity to this Agreement.

1. ENROLLMENT

1.1 Registration. To enroll into the Program (and/or to continue being enrolled into the Program and to participate in it), you must provide us with truthful, accurate and complete registration information. If any such information changes, You must immediately update your registration information.

1.2 Verification and Approval. At any time, Artfully Walls has the right to confirm, verify and/or check the accuracy of any registration information you provide. Artfully Walls reserves the right, at its sole discretion, to accept or reject your application to become a member of the Program. At any time and for any reason or without any reason, Artfully Walls may restrict, deny or terminate your account, your access and use of, and/or any benefits derived from your participation in the Program.

1.3 Age Restrictions. To join the Program, You must be an individual who is at least 18 years old or an entity.

2. WEBSITE RESTRICTIONS

Your participating website(s) ( "Your Website" ) may not:

a) Infringe on our or any anyone else's intellectual property, publicity, privacy or other rights;

b) Violate any applicable law, rule, regulation or industry standards;

c) Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contain nudity, pornography or sexually explicit materials;

d) Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information;

d) Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website;

e) Contain any content or use any means to induce users to click on links to our Website; and

f) Mislead customers as to the products or services available on Your Website or on the Artfully Walls website, located at www.artfullywalls.com (the "Artfully Walls Site" ).

3. LINKING TO OUR WEBSITE AND PROHIBITED ACTIVITIES

Upon acceptance into the Program and for the term of this Agreement, Artfully Walls grants to you a limited, revocable, nonexclusive, nontransferable, nonsublicensable license (the "License" ) to use certain banner advertisements, button links, text links, and/or other graphic or textual material (the "Promotional Materials" ) for display and use on your Website. The term of the License shall expire upon the expiration or termination of this Agreement. You may not subcontract, assign, resell, lease, or sublicense any part of your participation in the Program or run a sub-affiliate program. Artfully Walls may make Promotional Materials available to you to display and use on Your Website provided that the manner of display complies with the following requirements:

a) You may only use the Promotional Materials to promote the Artfully Walls Site (and the products available thereon), and for linking to the Artfully Walls Site.

b) You shall not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Artfully Walls without a written consent from Artfully Walls.

c) You may not link to our Website using any links other than the Promotional Materials provided by Artfully Walls.

d) All domains and/or Websites on which you place the Promotional Materials must be listed in your affiliate application. You may not place Promotional Materials on any Website that is not owned by you and is not listed on Your affiliate application.

e) You shall not create, publish, distribute, or print any written materials that make reference to our Program unless you adhere and abide to all applicable laws, including the CAN-SPAM Act of 2003 (Public Law No. 108-187) with respect to the distribution of any written materials.

f) All E-mails that make reference to Artfully Walls or to our Website must be sent on your behalf and must not imply that the e-mail is being sent on behalf of Artfully Walls.

g) You may not engage in cookie stuffing or include pop-ups, false or misleading links on Your Website. In addition, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating).

h) You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain.

i) You may not create any links that lead the customer to a destination site that is not clearly suggested by the content of the starting site. And

j) You may not use any means, whether directly or indirectly, to inflate clicks, induce users to click on the Promotional Materials or otherwise artificially create clicks on the Promotional Materials that are not made by genuine users.

5. TRADEMARKS

Upon acceptance into the Program and during the term of this Agreement, Artfully Walls grants you a limited, non-exclusive, revocable, royalty-free right to use the Trademarks of Artfully Walls solely in connection with your participation in the Program. All promotional messaging and materials used by you containing such Trademarks shall be subject to Artfully Walls' prior written approval.

6. INTELLECTUAL PROPERTY

Artfully Walls retains all right, title, ownership, and interest in the Promotional Materials and Trademarks, including any and all copyright, trademark, or other intellectual property rights therein. Nothing in this Agreement shall be construed to grant you any right, title or ownership in the Promotional Materials, Trademarks or in the underlying intellectual property, other than the right to use the Promotional Materials and Trademarks in accordance with this Agreement.

Except for the limited licenses provided in this Agreement, Artfully Walls reserves all rights in and to the Trademarks, the Promotional Materials, the goodwill associated therewith and all other proprietary rights owned or licensed by Artfully Walls. All uses of the Trademarks and the Promotional Materials by you shall inure to the benefit of Artfully Walls. You shall not acquire, directly or by implication, any rights or license in the Trademarks and/or the Promotional Materials except as expressly provided in this Agreement. Your right to use the Trademarks and/or the Promotional Materials will terminate immediately upon the termination of this Agreement.

7. COUPON GUIDELINES

You may ONLY advertise coupon codes that are provided to you by Artfully Walls or through Artfully Walls Site.

8. DOMAIN NAMES

Use of any of our Trademarks or reference to the name Artfully Walls as part of a domain or a sub-domain (for example artfullywalls.website.com or www.artfullywalls-coupons.com) for Your Website is strictly prohibited.

9. REPRESENTATIONS AND WARRANTIES

You represent, warrant and covenant as follows:

(a) You have the legal right to conduct any business conducted by you including in respect your participation in the Program;

(b) Any and all information you provide as part of the registration process or otherwise shall be truthful, accurate and complete;

(c) This Agreement has been duly and validly authorized, accepted, executed and delivered by you (or your authorized representative) and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; and

The performance by you of this Agreement and the participation by you in the Program do not and shall not conflict with or violate (i) any law, rule, regulation, order, judgment, decree, agreement or instrument applicable to you or (ii) if you are an entity, any provision of your certificate of incorporation or other organizational documents.

10. AFFILIATE COMMISSIONS

10.1 Upon acceptance into the Program and during the term of this Agreement, you will be eligible to receive an affiliate commission (the "Commission" ) for the successful completion of Eligible Purchases. An "Eligible Purchase" occurs when a genuine customer (not you or any person on your behalf) clicks-through Promotional Materials (supplied by Artfully Walls to you and placed by you on your Website) to the Artfully Walls Site and successfully completes a purchase for which Artfully Walls receives and retains payment. To be classified as an Eligible Purchase, the sale must be completed by a customer that is physically located in the United States or Canada. The determination of whether or not an action by a user is classified as an Eligible Purchase and all determination with respect your eligibility for a Commission is and will be based upon Artfully Walls' sole and exclusive discretion and will be based solely on Artfully Walls records.

10.2 The current rates of the Commission are set forth in the affiliate Program Highlights you receive. Artfully Walls reserves the right to modify the Commission rate from time to time, in its sole discretion. Artfully Walls is responsible for authorizing Commission payments and you will be solely responsible for withdrawing accumulated funds from Artfully Walls. Fund withdrawal shall be made via PayPal, to the account provided at time of registration. Artfully Walls reserves the right to set a minimum amount for withdrawals, as shall be set forth in the affiliate Program Highlight you receive. Artfully Walls will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to Artfully Walls, whether in connection with this Agreement (including any breach hereof by you) or otherwise.

10.3 For the removal of doubt, Artfully Walls reserves the right (as determined by Artfully Walls at its sole discretion) to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and Program violations. If an order and/or a purchase is cancelled or reversed you will not be entitled to a Commission with respect to such order and/or purchase. In the event that purchase that initially is classified as an Eligible Purchase and for which you receive Commission is later cancelled by Artfully Walls for any reason (or for no reason), you shall refund Artfully Walls such Commission and Artfully Walls has the right to deduct and set off the amount of such Commission from any payments owed to you.

10.4 You are solely responsible for any and all tax obligations, if any, due to all taxing authorities arising from or in connection with your participation in the Program and payment of Commissions to you.

10.5 Artfully Walls may require you to provide information pertaining to any orders or clicks that it suspects may be in violation of this Agreement. In the event, you don't fully cooperate with such requests, Artfully Walls has the right to deem any purchases and/or orders referred by you as not being Eligible Purchases.

11. RELATIONSHIP OF PARTIES

This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Artfully Walls and you. You shall provide services for Artfully Walls as an independent contractor. You shall have no authority to bind Artfully Walls to any agreement, nor shall you be considered to be an agent of Artfully Walls in any respect.

12. DISCLAIMER

YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL ARTFULLY WALLS BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ARTFULLY WALLS' LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE PROGRAM OR THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE UNPAID BALANCE OF THE COMMISSION FEES OWED TO YOU UNDER THIS AGREEMENT. ARTFULLY WALLS DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF PARTICIPATION IN THE PROGRAM. ALL PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU RECOGNIZE THAT THESE DISCLAIMERS ARE AN IMPORTANT PART OF THE BASIS OF THIS AGREEMENT, WITHOUT WHICH ARTFULLY WALLS WOULD NOT HAVE ENTERED INTO THIS AGREEMENT. ARTFULLY WALLS DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY (TO THE EXTENT PERMITTED BY LAW), REGARDING THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING, WITHOUT LIMITATION, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE, OR PERFORMANCE OF THE PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF ARTFULLY WALLS WHATSOEVER.

13. INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD HARMLESS ARTFULLY WALLS, ARTFULLY WALLS' RELATED PARTIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND REPRESENTATIVES FROM ANY CLAIM, DAMAGE, LAWSUIT, ACTION, COMPLAINT, OR OTHER COSTS ARISING OUT OF ANY WRONGFUL ACT RELATED IN ANY WAY TO YOUR PARTICIPATION IN THE PROGRAM OR YOUR BREACH OF THIS AGREEMENT. YOU SHALL ALSO INDEMNIFY AND HOLD HARMLESS ARTFULLY WALLS, ARTFULLY WALLS' RELATED PARTIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND REPRESENTATIVES FROM ANY DAMAGE, LOSS OR OTHER COST ARISING OUT OF THE USE OR MISUSE BY YOU OF THE TRADEMARKS, PROMOTIONAL MATERIALS OR CONFIDENTIAL INFORMATION.

14. CONFIDENTIALITY

Any information that you are exposed to by virtue of your participation in the Program, which information is not available to the general public, shall be considered to be "Confidential Information" . You may not disclose any Confidential Information to any person or entity, except where compelled by law, unless you obtain prior written consent for such disclosure from Artfully Walls. You shall not use any Confidential Information except to the extent necessary to fulfill the purposes of this Agreement.

15. TERMINATION

Your participation in the Program shall begin upon your acceptance as an affiliate by Artfully Walls and shall end when terminated by either party. Either party may terminate such status and this Agreement at any time, with or without cause. Upon termination, all licenses granted to you pursuant to the Program shall cease and you shall use best efforts to immediately remove all codes and links, references on your Website regarding Artfully Walls, and cease any and all use of Promotional Materials, Trademarks or any other trade or service marks, Confidential Information, trade names or any other items received through or used in connection with such Program. Subject to Section 10, upon the termination of your participation in the Program for any reason, you will be entitled to receive Commissions only on Eligible Purchases that occurred prior to such termination. Artfully Walls reserves the right to terminate the Program at any time upon notice to you.

16. COMPLIANCE WITH LAWS

In connection with your participation in this Program, you will comply with all applicable laws, rules and regulations, including but not limited to the following laws, rules and regulations governing marketing and promotions:

The CAN-SPAM Act of 2003
Section 5 of the FTC Act
The FTC's disclosure rules regarding endorsements

To comply with the FTC's disclosure rules regarding endorsements, you shall include a disclosure statement within any and all pages/posts where affiliate links for the Program are posted as an endorsement or review, and where it is not clear that the link is a paid advertisement. This disclosure statement should be clear and concise, stating that we are compensating you for your review or endorsement. If you received the product for free from us or from our designated affiliate management team for review, this also must be clearly stated in your disclosure.

Your Website must also include a privacy policy that is easily viewable and accessible to the users of your Website and that is in compliance with all applicable privacy laws.

17. MODIFICATION

We may modify this Agreement at any time, at our sole discretion. If you disagree with any modification, your only recourse is to terminate this Agreement and to cease your participation in the Program. You agree that, if you continue participating in the Program following the modification of this Agreement, your continued participation constitutes a binding acceptance of the modified Agreement and including any modified terms.

18. GOVERNING LAW; JURISDICTION

This Agreement is governed by the laws of Israel, without regard to its choice of law principles. You hereby irrevocably consent to jurisdiction of the competent courts located in Tel Aviv, Israel with respect to any proceeding regarding this Agreement. You will not prosecute any action, suit, proceeding or claim arising under or by reason of this Agreement except in such courts.

19. GENERAL

(a) Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Agreement will remain in full force and effect.

(b) Assignment. You may not assign this Agreement or any of its rights under this Agreement without the prior written consent of Artfully Walls, and any attempted assignment without such consent shall be void. Subject to the foregoing restriction, this Agreement will be fully binding upon, inure to the benefit of, and be enforceable by us and our respective successors and assigns. At any time, we may assign to any person this Agreement and any of our rights and obligations under the Agreement.

(c) Nonwaiver. Any failure by Artfully Walls to insist upon or enforce performance by you of any of the provisions of this Agreement or to exercise any rights or remedies under this Agreement or otherwise by law will not be construed as a waiver or relinquishment of any right to assert or rely upon the provision, right or remedy in that or any other instance; rather, the provision, right or remedy will be and remain in full force and effect.

(d) Entire Agreement. This Agreement, the Program Highlight and Artfully Walls' privacy policy posted on Artfully Walls' Website sets forth our entire agreement with respect to your participation in the Program.