EARNINGS (AS DEFINED BELOW) ARE ACCOUNTED FOR UNDER THE TERMS OF THIS AGREEMENT. BY CREATING OR MAINTAINING AN ACCOUNT, ALL PARTIES ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEEMENT.
'The Account Holder
and
'We' – Specifically Stamp Press Ltd trading as ‘Azeeda’ and generally as all other companies comprising the Pantheon Business Group
agree as follows:
1. Definitions
a. "Earning" means a payment accrued as a Designer, Affiliate or Talent Scout.
b. "Account Holder" means you, as a user of the website, having created an account.
c. "Designer" means an Account Holder who has submitted one or more Works (as defined in the Licence Agreement)
d. "Affiliate" means an Account Holder who has directed traffic to the website(s) using their Affiliate ID
e. "Talent Scout" means an Account Holder who has signed up (or attempted to sign up) other Account Holders using their Affiliate ID
f. "Settlement" means disbursement of funds from Us to the PayPal address provided by the Account Holder.
g. “Earning Event” means an event or action that would cause an Earning to be created
h. “Design” means a design submitted to Stamp Press by an Account Holder to be applied to products
i. “Related Website” means a website owned and operated by Us
j. “Third Party Venue” means a sales venue operated by a third party, such as Amazon, eBay, Etsy etc.
k. “Sale” means a purchase of a relevant product on a Related Website or Third Party Venue
l. “Referral” means a Sale on a Related Website from traffic generated from an Affiliate
m. “TAG Bonus” means a Sale or Referral Earning Event from a Designer or Affiliate signed up by a Talent Scout
n. “Rate Card” means the table of commission values given for each product, viewable on the relevant website
o. “Base Commission” refers to the basic commission rate for a product before any additions or subtractions
For the purpose of this Agreement, when not inconsistent with the context, words in the singular number include the plural number.
2. Agreement Terms
2.1 We agree to provide Earnings to Account Holders for each Sale, Referral or TAG Bonus Earning Event identified.
2.2 We agree to make Earnings generally available for Settlement 30 days after the Earning was created.
2.3 We agree to disburse available Earnings on request subject to our Settlement terms.
2.4 You agree to abide by the terms of the Azeeda Licence Agreement and the terms contained in this Commission Agreement
2.5 You agree that by breaching these terms You will no longer be eligible to accrue Earnings.
3. Sale Terms
3.1 We agree to provide an Earning for each recognised Sale.
3.2 Earnings for each Sale are calculated from the Base Commission on the Rate Card plus any additions or subtractions made, such as Account Holder commission bonuses.
3.3 In the event a Sale is cancelled or otherwise voided, a reversal of the Earning will be applied for the original Earning amount in line with our Deductions policy.
4. Referral Terms
4.1 We agree to provide an Earning for each recognised Referral resulting in a Sale.
4.2 Earnings for each Referral are calculated from the Base Commission on the Rate Card plus any additions or subtractions made, such as Account Holder commission bonuses.
4.3 In the event a Sale resulting from a Referral is cancelled or otherwise voided, a reversal of the Referral Earning will be applied for the original Earning amount in line with our Deductions policy.
5. TAG Bonus Terms
5.1 We agree to provide an Earning for each recognised Referral or Sale from a Designer or Affiliate signed up by a Talent Scout.
4.2 Earnings for each TAG Bonus are calculated from the Base Commission on the Rate Card plus any additions or subtractions made, such as Account Holder commission bonuses for both the Talent Scout and the Account Holder they signed up.
4.3 In the event a Sale or Referral from an Account Holder is cancelled or otherwise voided, a reversal of the TAG Bonus Earning will be applied for the original Earning amount in line with our Deductions policy.
6. Deductions
6.1 We will deduct from any available or pending Earnings any refunds, returns or cancellations on transactions that generated an Earning Event.
6.2 In the event we identify an issue with our processes that has resulted in an overpayment of Earnings, we reserve the right to apply this is a deduction to the Earning balance of the Account Holder
6.3 We will not generally attempt to charge or demand payment from the Account Holder for deductions that generate an overall negative Earning balance unless:
- The deductions are the result of fraud or abuse by the Account Holder
- The Account Holder has breached the terms of the Licence or Commission agreements
- We are compelled to by law
7. Settlement Terms
7.1 We agree to disburse available Earnings on request subject to the following:
- The Account Holder’s account being in good standing (i.e. not suspended or closed)
- The account having a positive Earning balance
- A PayPal withdrawal address has been provided
7.2 Requested Settlements will go into a queue to be processed. In most cases we aim to process Settlements in less than 24 hours.
7.3 We may, from time to time, hold a Settlement for manual checking. In the event a Settlement is held for checking, that Settlement will only be processed during standard business hours.
7.4 The Account Holder is responsible for ensuring the PayPal address given for Settlements is accurate. If it is not, We cannot be held liable for missing or delayed Settlements. Settlements that fail due to the details provided by the Account Holder being incorrect will not be resubmitted.
8. Limit of Liability
8.1 Except as required by law, the service and platform is provided on an "as is" and "as available" basis and without any warranty of any kind, either express or implied.
8.2 We agree to identify Earning Events, calculate Earnings and remit Settlements on a Best Endeavours basis.
8.3 All due care will be taken to recognise, track and apply Earnings to the Account Holder to which the Earning applies, however we cannot be held liable for events outside our control, such as:
- Hostile actions by third parties
- Failures of service by third parties
- Withdrawal of service by third parties
- Any other event that is outside our control
8.4 In the event an issue is detected which has resulted in a variance in Earnings, we will:
- Make best efforts to correct this variance for future Earnings
- Make best efforts to correct historic variances where practical
8.5 In the event an issue is detected that we cannot practically correct historic Earnings, no liability will be accepted or compensation will be owed. Any payments made to address these would be discretionary, non-binding and without acceptance of liability.
8.6 Unless expressly stated above, no liability will be accepted for any loss or damage incurred or claimed from the failure or otherwise to provide this service.
8.7. This Agreement does not affect any additional rights that the Account Holder may have under any applicable law.
8.8. All rights not expressly granted by Us are hereby reserved.
8.9 We reserve the right to terminate this agreement at any time and for any reason without penalty.
9. General
9.1. The validity or enforceability of the remaining terms of this agreement is not affected by the holding of any provision of it to be invalid or unenforceable.
9.2. This Agreement constitutes the entire Agreement between the parties with respect to the commission and Earnings outlined here. There are no understandings, agreements or representations with respect to Earnings not specified here. We shall not be bound by any additional provisions that may appear in any communication in any form.
9.3. A person who is not a party to this Agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
9.4. This Agreement shall be governed by the law of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the Courts of England and Wales.
