Artist Portfolio OR Collector Account
This is NOT an exclusive contract. Artist or their legal respresentative may make their work(s) available through other channels but not use ABSOLUTEARTS to direct shoppers to another online selling venue to purchase the same items as listed in your Artist Portfolio, if it constitutes fee avoidance. If contact for the purchase of the artist's artwork has been made through ABSOLUTEARTS any commission related to the sale is due to ABSOLUTEARTS, or this constitutes fee avoidance.
ORIGINAL ARTWORK: In furtherance of this objective, in exchange for Thirty-Five Percent (35%) at the Free Portfolio Level, (25%) at the Regular Portfolio Level, (20%) at the Premiere Portfolio Level of the total deposit less agreed shipping, insurance costs, ABSOLUTEARTS and the artist or artist's legal representative agree as follows:
PAYMENTS TO ARTIST OUTSIDE OF USA OR CANADA FOR ORIGINAL ARTWORK: ABSOLTUEARTS will pay artist via PayPal, MoneyGram or International Wire Transfer. MoneyGram and international wire transfers are subject to Bank, MoneyGram fees which will be deducted from the artist's payment.
PAYMENTS TO ARTIST OUTSIDE OF USA OR CANADA FOR POD ARTWORK: ABSOLTUEARTS will pay artist via PayPal or International Wire Transfer. International wire transfers are subject to Bank fees which will be deducted from the artist's payment.
In requesting that ABSOLUTEARTS undertake this service for the Artist, and the Artist's buyer, the Artist agrees as follows:
Should you have a dispute with one or more users, or an outside party, you release ABSOLUTEARTS (and ABSOLUTEARTS's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The parties hereto agree, that all rights and duties under this contract shall be governed by the laws of the State of Ohio, this transaction bearing a reasonable relation to said state.
The parties hereto agree, that in the event of any dispute arising from this contract, the dispute shall be submitted to arbitration, in Licking County, Ohio, USA, within one (1) month from the date of the event from which the dispute arises, which also cannot be later than (30) thirty days after a sale, as outlined by the laws of the State of Ohio, and any action after said time is herein and hereby precluded. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. Arbitration as outlined herein, shall be the exclusive remedy of either party to the dispute, and the results thereof shall be binding on all parties. ABSOLUTEARTS' liability in any case, shall be limited by this contract, and shall in no case, be greater than one hundred percent (100%) of the purchase price.
In the event this Sales Agreement is cancelled for any reason, ABSOLUTEARTS may suspend your ability to use your ABSOLUTEARTS account and you remain obligated to pay ABSOLUTEARTS for any and all unpaid amounts. ABSOLUTEARTS may amend this Sales Agreement from time to time consistent with applicable law.
Effective Date: August 13, 1999
Last Updated: February 10, 2016