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APRICUS ARTIST SERVICES AGREEMENT

This Apricus Artist Services Agreement (this “Agreement”), by and between Apricus Art Collection LLC, a Tennessee limited liability company (“Apricus”) and the person identified in the artist intake form associated with this Agreement (“Artist”) is effective as of the date executed by the Artist. This Agreement is subject to the terms and conditions found here Terms and Conditions (the “Ts&Cs”), all of which form a part of and are incorporated into this Agreement by this reference. 

 

Artist should read this Agreement carefully. By accepting services from Apricus or clicking to agree to and accept this Agreement, Artist accepts and agrees to be bound by this Agreement. If Artist does not want to be bound by this Agreement, Artist must not accept services from Apricus or click to agree. 

 

  1. Services. During the Term, Apricus will provide Artist with these services, as more particularly described in the Ts&Cs (collectively, the “Services”):
    1. Online Marketing Services. Apricus shall use commercially reasonable efforts to: (a) develop content for online and digital advertisements using Artist Materials as well as materials created by Apricus; (b) develop an online marketing strategy for Artist’s approval; and (c) work to manage and execute the strategy (collectively, the “Online Marketing Services”). 
    2. Storefront Services. Apricus shall use commercially reasonable efforts to establish and operate an online store (the “Online Store”) to sell Artist’s Works (the “Storefront Services”) located on a page of the Apricus website beginning on a date and time to be agreed upon by the parties.  
  2. Artist Obligations. Subject to the Ts&Cs, Artist shall perform the following obligations:
    1. Artist Materials. Artist shall promptly and timely provide Apricus with information and with Artist Materials and digital files of Artist Materials in the form requested by Apricus to carry out the Services. Artist authorizes Apricus and its service providers to use the Artist Materials as described in this Agreement to promote Artist and the Works. 
    2. Responsiveness. Artist shall respond promptly to any request from Apricus to provide direction, information, approval, consent, authorization, or other decisions necessary or desirable for Apricus to perform the Services. 
    3. Compliance; Content. Artist shall be solely responsible for ensuring the Content of all advertisements and marketing programs delivered in connection with the Services comply with all applicable laws, regulations, industry standards, and guidelines and such Content and the Works are free of Inappropriate Content. Artist shall comply with all applicable laws and regulations. 
    4. Pricing, Storage, Shipping. Artist shall charge a reasonable price for each Work. Artist agrees that when a customer purchases a Work through the Online Storefront, title to such Work transfers directly from Artist to the customer. Artist shall be responsible for storing all Works promoted or sold via the Online Store at Artist’s sole cost and expense. Artist shall be responsible for packing the Works and shipping them in accordance with the terms of this Agreement. 
    5. Social Media. Artist shall post links to the home page of the Online Store on Artist’s social media pages. 
  3. Social Media. As part of the Online Marketing Services, Apricus shall use commercially reasonable efforts to deliver Content to Artist for Artist to post on Artist’s social media accounts.    
  4. Process. Subject to further details set forth in the Ts&Cs, the sale of Works through the Online Store shall proceed as follows: Artist shall provide Apricus with the Sale Price for each Work. Apricus shall charge the customer the Sale Price for the Work via the Online Store. Apricus shall arrange to insure and ship the Work from Artist to customer. Apricus shall provide the shipping instructions to Artist, who will pack the sold Work and ship it to the customer in accordance with such instructions. Apricus shall deduct its Fees and the Shipping Costs (and, if applicable, any taxes it collects and other amounts permitted by this Agreement) from the Sale Price and shall remit the Artist Proceeds to Artist following expiration of the applicable return period.  
  5. Fees and Expenses. As further described in the Ts&Cs:
    1. Fees. Artist acknowledges and agrees that in consideration for the Services provided by Apricus, the Artist shall pay Apricus a monthly subscription fee of $25 (the "Subscription Fee"). This fee shall be due on the first day of each month and shall cover the sale of Works through the Online Store for the duration of that month.
  6. Returns. If a Work sold via the Online Store is returned by the customer, Apricus may determine, in its sole discretion, whether a refund of any or all of the Sale Price is warranted. Artist agrees that Apricus is entitled to reimbursement of such refund in accordance with the terms of this Agreement. 
  7. Term and Termination. As further set forth in the Ts&Cs:
    1. Term. The term of this Agreement begins on the Effective Date and continues for eighteen (18) months unless terminated earlier in accordance with this Agreement (the “Term”). Thereafter, the Term shall automatically renew for one year periods unless either party notifies the other in writing at least thirty (30) days in advance of expiration of the current Term of a desire not to renew it.  
    2. Post-Termination. Upon termination or expiration of this Agreement for any reason, each party shall return or, at the other party’s option, destroy all of the other party’s Confidential Information, except as otherwise set forth in the Agreement, Apricus shall discontinue use of the Artist Materials and cease performing the Services (including the hosting and operating the Online Store), and Artist shall discontinue use of Content created by Apricus during the Term of the Agreement.