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Program Terms & Conditions

KINGART® Brush-Up to Savings Partnership Program

 

Terms & Conditions

 

 

 

Official Program Guidelines

 

  • The Program is designed for non-profit visual art Groups whose primary purpose is to support the appreciation of and/or growth of 2D and 3D visual artists. Any Group wishing to participate must provide their non-profit registration information and upon request furnish a copy of their non-profit paper filing. It is at KINGART’s sole discretion to determine eligibility for participation. 

 

  • All participating Groups will designate 2 Program Managers and provide KINGART with at least 2 forms of relevant contact information for each manager contact. Should these designated managers change it is up to the Group to communicate this information in writing to KINGART at artgroups@kingartco.com.

 

  • Each Group participating in the program will be provided with a unique URL link to Kingartco.com as well as a unique 10% discount code. Your Group will receive a 10% commission on qualifying* purchases made using your link and/or discount code. Both the link and discount code may be shared with members, their families and friends as well as through digital media/pages or websites with members only access managed by your group but should not be posted on coupon websites or through announcements on general media/social outlets or in other public spaces. When promoting Group URL or Discount Code, Group should disclose that it will receive a monetary benefit at no additional charge to the consumer by their use of the URL and/or code. 

 

  • Participation in this program is voluntary and KINGART reserves the right to update/change terms and conditions with or without notice at any given time or revoke participation privileges. From time to time it may be necessary to update your Group’s URL and/or discount code. 

 

  • Payment to your Group will be made via ACH payable to your Group or your Group’s official PayPal account on a quarterly basis in US $ when $100.00 or more in commissions have been earned. Earnings below $100.00 will be accrued and paid in the quarter when the $100 threshold is reached. 

 

  • KINGART Brush Up to Savings Program is a KINGART Affiliate Partnership Program. By participating in our program, you acknowledge your review and agreement to KINGART Affiliate Group Participation Terms and Conditions as outlined below. 

 

* To assure highest commission earnings, shopping through your URL should be encouraged and can be combined with use of the discount coupon at checkout. Coupons do not expire and can be used multiple times but stacking of coupons is not permitted on kingartco.com. Gift Cards and heavily discounted or best price items may at times be excluded from qualification for the 10% discount code and/or a Brush-Up to Savings commission. If your discount code is used but access is not through your Group Link, commission will only be earned on items to which the group discount code was applied. 

 

 

Terms & Conditions 

 

By applying for and participating in the KINGART® Brush Up to Savings Program (the “Program”) offered and administered by MCC Brands, LLC d/b/a KINGART, you (“The Group/Affiliate”) agree to be bound by the following Terms and Conditions (this “Agreement”).

            

  1. Eligibility and Participation. 

 

The Program is designed for non-profit art Groups whose primary purpose is the support, appreciation of and/or growth of 2D and 3D visual artists. 

 

Participant applications are typically reviewed within 72 hours. Groups who are accepted into the Program will receive:

 

  • A unique URL (the “Group Link”) that allows your non-profit Group to earn a commission of up to 10% on every purchase made via that link from KINGARTco.com;*
  • An exclusive discount code (the “Group Code”) that allows your members and their friends to receive a discount of up to 10%* on their KINGART purchase;
  • KINGART Brush-up Email with product and program news; and
  • Access to a Brush Up group account to track earnings and stay up-to-date on Program news.

 

* Commission and discount rates are subject to change without notice and may vary by product. Group Codes may be used for multiple transactions but may not be stacked with other coupons.

 

  1. Commissions. Commissions will be earned when a purchase is made using your group’s unique Group Link. If the Group Discount Code is used without accessing the site through the Group Link commissions will be earned only on those purchases on which the Influencer Code is valid.  

 

The Group and its designated Program Managers understands that commissions will only be paid on transactions that have been successfully completed, and that the Group will not be entitled to any commission on transactions resulting in chargebacks, refunds, or non-payment. 

 

            The Group understands that they will not receive a commission payment until they have accumulated $100.00 in commissions in the aggregate. Once Group has reached the $100.00 threshold, commission payments shall be issued at the beginning of each quarter, via PayPal or ACH, in US Dollars payable to the registered Group. The Group is responsible for all costs, taxes, fees, exchange rates, and other expenses arising out of the relationship between Group and KINGART.

 

In order to remain active in the Program, KINGART encourages Groups to earn a minimum of $100 in commissions within the first twelve (12) calendar months of their enrollment, and during each successive twelve (12) calendar months thereafter. 

 

 

  1. REPRESENTATIONS AND WARRANTIES. 

 

  1. Group and its designated Program Managers applying hereby represents and warrants that: 

 

  1. They are a registered non-profit organization and their designated Program Managers (s) are at least 18 years of age, and have the full right, power, and authority, to enter into this Agreement subject to no rights of third parties; 
  2. The Group will only create and utilize a single account to participate in the Program, and will not create or use the account for, on behalf of, or for the benefit of, any other person or entity; 
  3. Group and its designated Program Managers(s) will not infringe, misappropriate, or otherwise violate any intellectual property right or other right of any third-party in Group’s written or verbal materials (including, but not limited to, social media comments and posts) (Group’s “Promotions”);
  4. Group grants KINGART an unrestricted non-exclusive, transferable, right and license to utilize Group’s Promotions, name, trademarks, and logos; and
  5. Group will not, in Promotions or otherwise:

 

  1. Use the KINGART name, trademarks, trade names, or logos without prior written consent of KINGART;
  2. Portray KINGART negatively or use its name, trademarks, or logos in a manner that does or would reflect unfavorably on KINGART; 
  3. Represent Group, KINGART, or Group’s relationship with KINGART in a false or misleading way; 
  4. Engage in improper advertising or spamming of KINGART customers; 
  5. Generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set ‘affiliate cookies’ unless in strict compliance with applicable data protection laws. Your Group Link must send the visitor directly to KINGART’s site; or
  6. Use the Promotions to further political agendas, religious agendas, adult content, hate speech, or other matters or opinions that are inherently religious or political in nature, or that may otherwise be considered controversial or offensive.

 

  1. KINGART reserves the right, at its sole and absolute discretion, and with or without notice, to:  

 

  1. Cancel, change, suspend, or modify any aspect of the Program at any time. Group’s continued participation in the Program will constitute Group’s acceptance of any revision(s) to this Agreement;
  2. Manage the Program in a manner designed to protect KINGART’s rights and property and to facilitate the proper functioning of the Program;
  3. Maintain certain data that the Group Program Managers(s) transmit to the Program for the purpose of managing the performance of the Program, as well as data relating to Group’s use of the Program. 

 

  1. INDEPENDENT CONTRACTOR. Group (and its designated program managers) understands that they are an independent contractor, and not an employee, of KINGART. Group is solely responsible for any and all taxes, withholdings, and other similar statutory obligations applicable to this Agreement. Group (and its designated program managers) agrees that it is not, and will not hold itself out to be, an agent, employee or other affiliate of KINGART.

 

  1. TERM AND TERMINATION. This Agreement shall remain in full force and effect while the Group participates in the Program. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, KINGART® RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE PROGRAM (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON OR ENTITY, FOR ANY REASON OR FOR NO REASON INCLUDING, WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THIS AGREEMENT OR OF ANY APPLICABLE LAW OR REGULATION. KINGART® MAY TERMINATE AFFILIATE’S USE OF, OR PARTICIPATION IN, THE PROGRAM OR DELETE AFFILIATE’S ACCOUNT AT ANY TIME, WITHOUT WARNING OR NOTICE, AND FOR ANY OR NO REASON, IN ITS SOLE AND ABSOLUTE DISCRETION.

 

In addition to terminating or suspending Group’s account, KINGART reserves the right to take appropriate legal action including, without limitation, pursuing civil, criminal, and injunctive relief. If the Group is suspended or terminated from the Program, Group is prohibited from registering and/or creating a new account under Group’s name, a fake or borrowed name, or the name of any third party, even if it may be acting on behalf of the third-party.

 

  1. Severability. If any provision of this Agreement, or the application thereof to any person or circumstance, is held invalid, the remainder of this Agreement and the application of its provisions to other persons and circumstances shall not be affected thereby.

 

  1. Limitation of Liability. The Group and its representatives (THE GROUP) agrees that, to the fullest extent permitted by law, KINGART and KINGART’s employees, agents, and independent contractors shall have no liability to the Group for any direct, consequential, exemplary, incidental, or indirect damages of any kind arising from, or in any way related to, this Agreement, the Program or any of KINGART’s covenants, representations, and warranties set forth in this Agreement. 

 

  1. Indemnification and Legal Fees. The Group agrees to defend, indemnify, and hold harmless KINGART and KINGART’s affiliates, employees, agents, and independent contractors from and against any and all claims, causes of actions, charges, demands, losses, damages, liability, injuries, judgments, costs, and expenses (including, without limitation, reasonable attorney’s fees) made by any third party due to or arising from (a) The Group’s breach of the covenants, representations, and warranties set forth in this Agreement; (b) The Group’s violation of the rights of a third party including, but not limited to, intellectual property rights; (c) The Group’s violation of any regulation or law; or (c) any other act or omission of The Group.

 

  1. Disclaimer of Warranties. THE PROGRAM AND ANY RELATED SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED. EXCEPT FOR EXPRESS WARRANTIES STATED IN THIS AGREEMENT, KINGART’s® DISCLAIMS ANY AND ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. KINGART® DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM WILL MEET THE GROUP’S NEEDS OR REQUIREMENTS, THAT ANY INFORMATION OBTAINED THROUGH USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, THAT USE OF THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, OR THAT ALL DEFECTS IN THE PROGRAM WILL BE CORRECTED. 

 

  1. Compliance with Laws. The Group shall comply, at its sole cost and expense, with all laws, rules, and regulations applicable to them in connection with the Program including, but not limited to, the Federal Trade Commission (“FTC”) Consumer Review Fairness Act and the FTC’s Disclosure Guidelines governing Endorsements, Influencers, and Reviews. 

 

  1. Governing Law and Dispute Resolution. This Agreement, and any claim or dispute relating to this Agreement or the relationship between the Parties, shall be exclusively governed by, and construed in accordance with, the laws of the State of New York, without regard to conflict of law principles. The Parties hereby consent to the personal and exclusive jurisdiction and venue of the Federal and State Courts located in the State of New York. The Parties expressly consent their persons and entities to the personal jurisdiction of such courts and waive any objection as to venue, forum non conveniens, and personal jurisdiction in any action instituted hereunder in any of the aforementioned Courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from this Agreement. The Parties waive all rights to A trial by jury in any action or proceeding instituted in connection with this Agreement.

 

  1. PRIVACY POLICY. By becoming participant of the Program, The Group agrees to be bound by KINGART’s Privacy Policy (https://www.kingartco.com/pages/privacy-policy), which is incorporated by reference into this Agreement. By entering into this Agreement, The Group is advised that the Program is hosted in the United States. If The Group participates in the Program (including, for example, by creating or posting Promotions) from any other region of the world, with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through The Group’s continued participation in the Program and continued Promotions, The Group is transferring The Group’s data to the United States and expressly consents to having their data transferred to, and processed in, the United States.

 

  1. Contacting KINGART.

 

            Address:          PO Box 429

                                    3003 Purchase Street 

                                    Purchase NY 10577        

            E-mail:            artgroups@kingartco.com                                    

            Telephone:      (914) 688-1760 (Customer Support)

            Website:          https://www.kingartco.com 

 

KINGART® is a registered trademark of MCC Brands, LLC d/b/a KINGART

 

These Terms & Conditions were last updated on: October 25, 2024.