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  • Terms & Conditions

    Welcome to The Agile Artist!
    If you continue to browse and use this website, you are agreeing to comply with, and be bound by, the following terms and conditions of use, which include the "Terms & Conditions" section, as well as every section and policy listed on this page.

    Throughout these policies, "this website", "we", "us", and "our" refer to The Agile Artist, and "you", "your", and "yours" refer to you, the user or viewer of this website.

    Content
    The content included in this website is for your general information and use only. It is subject to change without notice.

    Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

    Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your responsibility to ensure that any products, services, or information available through this website meet your specific requirements.

    Intellectual Property Rights
    This website contains material which is owned by or licensed to us. This material includes, but is not limited to: the design, layout, look, appearance, text, products, and graphics. Reproduction is prohibited.
    You may not:

    • Republish material from our website without prior written consent (including republication on another website)
    • Sell, rent, or sub-license material from our website
    • Reproduce, duplicate, create derivatives of, copy, or otherwise exploit material on our website for any purpose
    • Redistribute any content from our website, including onto another website

    All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. Unauthorized use of this website may give rise to a claim for damages and/or be considered a criminal offense.

    Acceptable Use
    You agree to use our website only for lawful purposes, and in a way that does not infringe on the rights of, restrict, or inhibit anyone else's use and enjoyment of this website.

    Prohibited behavior includes using our website:

    • in any way, or to take any action that causes, or may cause, damage to the website or impairment of the performance, availability, or accessibility of the website
    • in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity
    • to harass, cause distress to, or inconvenience any other user
    • to transmit obscene or offensive content
    • to disrupt the normal flow of dialogue within our website
    • to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software
    • to conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on, or in relation to, our website without our express written consent
    • via connection with any robot, spider, or other automated means
    • to violate the directives set out in the robots.txt file for our website
    • to access data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing, and direct mailing)
    • to access data collected from our website to contact individuals, companies, or other persons or entities
    • under false pretenses - You must ensure that all of the information that you supply to us through our website, or in relation to our website, is true, accurate, current, complete, and non-misleading

    You must not use our website to send unsolicited commercial communications, or use the content on our website for any marketing-related purpose without our express written consent.

    Restricted Access
    We may need to restrict access to parts (or all) of our website, and reserve full rights to do so. If, at any point, we provide you with a username and password for you to access restricted areas of our website, you must ensure that both your username and password are kept confidential.

    You are not allowed to circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

    Revisions
    The Agile Artist may change these terms from time to time. By using this website, you acknowledge that it is your responsibility to keep up-to-date on the terms of this website.

    If any of these terms are determined to be illegal, invalid, or otherwise unenforceable, the term(s) shall be removed from these terms and conditions, and the remaining terms shall survive and continue to be binding and enforceable.

    Limitation of Liability
    The materials on this website are provided "as is" without any express or implied warranty of any kind, including warranties of merchant ability, non-infringement of intellectual property, or fitness for any particular purpose.

    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time, at our sole discretion, without notice or explanation. You will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

    In no event shall The Agile Artist or its agents or officers be liable for any damages whatsoever (including, without limitation, damages for loss of profits, business interruption, loss of information, injury, or death) arising out of the use of, or inability to use the materials, even if The Agile Artist has been advised of the possibility of such loss or damages.

    If you have any questions about any of The Agile Artist's terms and conditions, please contact us at support@theagileartist.com.

  • Copyright/DCMA Notice

    Digital Millennium Copyright Act
    It is The Agile Artist's policy to respond to clear notices of alleged copyright infringement. This page is designed to provide the information needed to make it as easy as possible to submit a clear notice of alleged infringement to Google, while reducing the number of notices that The Agile Artist may receive which are fraudulent, difficult to understand, or difficult to verify.

    The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act, the text of which can be found on the website of the U.S. Copyright Office.

    Regardless of whether or not we may be liable for such infringement under state or federal law, our response to these notices may include removing or disabling access to any material claimed to be the subject of infringing activity, and/or terminating subscribers.

    If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content, so that he/she may make a counter notification. We may also document notices of alleged infringement upon which we act.

    Please note that in addition to being forwarded to the person who provided the allegedly infringing content, a copy of this legal notice may be sent to a third-party partner for publication and annotation. As such, your letter (with your personal information removed) may be forwarded to, for example, Chilling Effects for publication. You can see an example of such a publication here.

    Infringement Notification
    To file a notice of infringement with us, you must provide a written request, sent by postal mail. Infringement notices will not be accepted by e-mail, unless this was agreed upon by both parties in a prior agreement. To expedite The Agile Artist's ability to process your request, please use the following format (including section numbers) when filing a notice:

    • 1. Identify, in sufficient detail, the copyrighted work that you believe has been infringed upon.
      Examples:
      "The copyrighted work at issue is the text that appears at [link]."
      "The copyrighted work at issue is "[book title]" by [author name], published by [publisher], ISBN #[ISBN number]."
    • 2. Identify the specific material that you claim is infringing on the copyrighted work listed in item No.1, above. For a web search, you must identify each search result that directly links to a webpage that allegedly contains infringing material. This requires you to provide (a) the search query that you used, and (b) the URL for each allegedly infringing search result. For example, suppose (hypothetically) that you conducted a search on google.co.uk using the query "google", and found that the third and fourth results directly link to a webpage that you believe infringes on the copyrighted text you identified in item No.1, above.
      In this case, you would provide the following information: Search Query:"google"
      Infringing web pages: www.infringingwebsite.co.uk directory.infringingwebsite.co.uk"
      If you are sending a large number of URLs in one removal request, please also send an electronic copy of the notice to removals@google.com.
    • 3. Provide reasonably sufficient information to permit The Agile Artist to contact you (an email address is preferred).
    • 4. If possible, provide sufficient information to permit The Agile Artist to notify the owner/administrator of the allegedly infringing webpage or other content (an email address is preferred).
    • 5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing are not authorized by the copyright owner, his/her agent, or the law."
    • 6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner, or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
    • 7. Sign the paper.
    • 8. Send the written communication to the following address:

    The Agile Artist
    Attn: Legal Support, DMCA Complaints
    1486 Lakeshore Circle, San Jose CA 95131

    Please note that you will be liable for damages (including costs and lawyer fees) if you materially misrepresent that a product or activity is infringing on your copyrights. If you aren't sure whether or not the online material infringes on your copyrights, it's suggested that you consult with a lawyer before filing an official notice.

    Counter Notification
    The administrator of an affected site, or the provider of affected content, may make a counter notification pursuant to sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. When we receive a counter notification, we may reinstate the material in question.

    To file a counter notification with us, you must provide a written request, sent by postal mail. Counter notifications will not be accepted by e-mail, unless this was agreed upon by both parties in a prior agreement. To expedite The Agile Artist's ability to process your request, please use the following format (including section numbers) when filing a notification:

    • 1. Identify the specific URLs, or any other unique identifying information that Google has removed, or to which Google has disabled access.
    • 2. Provide your name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Santa Clara County, California if your address is outside of the United States), and that you will accept service of process from the person who provided notification under subsection (c)(1)(C), or an agent of such person.
    • 3. Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that each search result, message, or other item of content identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, or that the material identified by the complainant has been removed or disabled at the URL identified and will no longer be shown."
    • 4. Sign the paper.
    • 5. Send the written communication to the following address:

    The Agile Artist
    Attn: Legal Support, DMCA Complaints
    1486 Lakeshore Circle, San Jose CA 95131

    Please note that you will be liable for damages (including costs and lawyer fees) if you materially misrepresent that a product or activity is not infringing the copyrights of others. If you aren't sure whether or not the online material infringes on the copyrights of others, it's suggested that you contact a solicitor. A sample counter notification may be found here.

    Account Termination
    Some of The Agile Artist's products and services may not have account holders or subscribers. For Services that do, The Agile Artist will, in appropriate circumstances, terminate repeat infringers.

    If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact The Agile Artist, and provide sufficient information for us to verify that the account holder or subscriber is, indeed, a repeat infringer.

  • Privacy Policy

    The privacy of our visitors is of extreme importance to us. This section is designed to advise you about how we collect, use, and protect the Personally Identifiable Information (hereinafter defined) that you provide to us through our website. By visiting this website, you are accepting the practices described in this Privacy Policy.

    Log Files
    Like many other websites, The Agile Artist makes use of log files. The information inside of the log files includes internet protocol ( IP ) addresses, the type of browser, the Internet Service Provider ( ISP ), a date/time stamp, referring/exit pages, and the number of clicks to: analyze trends, administer the site, track user's movement around the site, and gather demographic information. IP addresses, and other such information, are not linked to any information that is personally identifiable.

    Cookies and Web Beacons
    We do use cookies to store information about a visitor's preferences, to record user-specific information on which pages the user accesses or visits, and to customize Web page content based on the visitor's browser type or other information that the visitor sends via their browser.

    Use of Information
    Any of the information we collect from you may be used in, but not limited to, the following ways:

    • To personalize your experience on theagileartist.com
    • To improve our website

    Identification of Purchasers
    If you purchase one of The Agile Artist's products or services, you authorize us to use your name and identification information in advertising or promotions.

    We may use personal information in an aggregate form (i.e., not individually attributable to you) for business analysis, operational, marketing, and other promotional purposes.

    You are also agreeing to receive information about the product or service that you purchased. This may include, but is not limited to, information about product or service updates, new features, or information that we believe you may find interesting.

    How we Protect your Information
    We implement a variety of security measures to maintain the safety of your personal information. We will not sell, provide, or transfer you e-mail address to others.

    Children Privacy Protection
    This website does not provide services or sell products to children under the age of 18.

    If we discover that we have received any information from a child under the age of 18 in violation of this policy, we will delete that information immediately. If you believe that we have received any information from or about anyone under the age of 18, please contact The Agile Artist immediately at support@theagileartist.com.

    Third Party Links
    Occasionally, at our discretion, we may include or offer third party products or services on our website. These third party websites have separate and independent privacy policies. The Agile Artist, therefore, has no responsibility or liability for the content and activities of these linked websites. Nevertheless, The Agile Artist seeks to protect the integrity of our website, and will gladly welcome any feedback about these websites.

    Policy Changes
    These policies may be amended by The Agile Artist at any time and without notice. If these policies are amended, the changes will be posted on this page. You agree that your continued use of our website, products, or services after that date will constitute your consent and acceptance of the amendment.

  • Anti-Spam Policy

    The Agile Artist does not authorize the harvesting, mining, or collection of e-mail addresses or other information from or through this website or its services.

    The Agile Artist does not permit or authorize others to use their services to collect, compile or obtain any information about its customers or subscribers, including but not limited to, subscriber e-mail addresses.

    The Agile Artist does not permit or authorize any attempt to use its services in a manner that could damage, disable, overburden, or impair any aspect of any of the services, or that could interfere with any other party's use and enjoyment of any service.

    If The Agile Artist believes that unauthorized or improper use is being made of any service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server, or IP address.

    The Agile Artist may immediately terminate any account on any service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.

    Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, this website and/or its services. Failure to enforce this policy in every instance does not amount to a waiver of rights of the owner of this website.

    Unauthorized use of this website's services in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil, criminal, or administrative penalties against the sender and those assisting the sender.

    Violators of the CAN SPAM Act may be subject to "cease and desist" orders or penalties from the FTC (Federal Trade Commission) of up to $11,000 per violation. Criminal prosecution is also possible in the case of egregious offenders, which can result in penalties such as fines, forfeiture of proceeds, and equipment. The worst offenders can also be subject to prison time.

  • Linking Policy

    The Agile Artist welcomes all links to this website, so long as they are made in accordance with the terms of this linking policy. By using this website, you agree to be bound by the terms and conditions of this linking policy.

    Links to The Agile Artist's website
    The Agile Artist's website may contain links to other websites. The Agile Artist cannot guarantee the accuracy of information found on any linked websites, and accepts no responsibility for them or for any loss or damage that may arise from your use of them.

    Links to or from external websites not owned or controlled by The Agile Artist do not constitute an endorsement or recommendation by The Agile Artist or any of its employees, of the sponsors of these websites or the products or information presented there.

    Removal of Links

    You agree that, should The Agile Artist request the deletion of a link to one of our websites, and that action is within your control, you will delete the link promptly.

    If you would like us to remove a link to your website that is included on http://theagileartist.com, please contact us at support@theagileartist.com. Please note that unless you have a legal right to demand removal, such removal will be at our discretion.

    Changes to this Linking Policy

    We may amend this linking policy at any time by publishing a new version on this website.

  • Medical Disclaimer

    This website is not designed to, nor does it, provide medical advice. All of the content throughout this website, including text, videos, and images are for general informational purposes only. The content is not intended to be a substitute for professional medical advice, diagnosis, or treatment.

    The Agile Artist is not responsible or liable for any advice, course of treatment, diagnosis, or any other information, services, or products that you obtain through this website.

    Never disregard professional medical advice, or delay in seeking it, because of something that you have read on this website. Never rely on information on this website in place of seeking professional medical advice. You are encouraged to carefully review any and all information with your professional healthcare provider.

    Non-delivery of the Product
    This may apply if, due to an issue with the postal mail, a courier service, or a digital download service, you do not receive your product delivery. The Agile Artist may require you to first submit proof that you have submitted a report to the postal mail, courier service, or digital download service, and shown an attempt to retrieve the missing item from both us and the applicable aforementioned sources before considering your application for a refund.

    Download Issuesy
    The Agile Artist may consent to a refund if you have problems that prevent you from downloading the product. However, The Agile Artist ensures that our products can be downloaded with all major browsers. If you are having difficulties with downloading your product, this problem is most likely caused by an issue with your browser, firewall, or network. Please check to see if your problem can be resolved through the settings for your browser, firewall, or network before requesting a refund from The Agile Artist.

    Irreparable Defects with the Product
    Although all of The Agile Artist's products are thoroughly tested before release, unexpected errors may occur. If you would like a refund based on an irreparable defect with one of our products, you will need to report the defect to support@theagileartist.com at the time of, or before requesting a refund for the product.

    Product Not-as-Described
    The Agile Artist has made every effort to accurately describe all of its products, and to avoid any sort of false advertising or embellishment in its product descriptions. You are strongly encouraged to read all product descriptions, and to check any free samples, video overviews, demo links, product samples, screen shots, or any other material available that may give a sneak peek into a product before making a purchase.

  • Returns/Refund Policy

    The Agile Artist may, but is under no obligation to, honor requests for refunds for the following reasons.

    Non-delivery of the Product
    This may apply if, due to an issue with the postal mail, a courier service, or a digital download service, you do not receive your product delivery. The Agile Artist may require you to first submit proof that you have submitted a report to the postal mail, courier service, or digital download service, and shown an attempt to retrieve the missing item from both us and the applicable aforementioned sources before considering your application for a refund.

    Download Issues
    The Agile Artist may consent to a refund if you have problems that prevent you from downloading the product. However, The Agile Artist ensures that our products can be downloaded with all major browsers. If you are having difficulties with downloading your product, this problem is most likely caused by an issue with your browser, firewall, or network. Please check to see if your problem can be resolved through the settings for your browser, firewall, or network before requesting a refund from The Agile Artist.

    Irreparable Defects with the Product
    Although all of The Agile Artist's products are thoroughly tested before release, unexpected errors may occur. If you would like a refund based on an irreparable defect with one of our products, you will need to report the defect to support@theagileartist.com at the time of, or before requesting a refund for the product.

    Product Not-as-Described
    The Agile Artist has made every effort to accurately describe all of its products, and to avoid any sort of false advertising or embellishment in its product descriptions. You are strongly encouraged to read all product descriptions, and to check any free samples, video overviews, demo links, product samples, screen shots, or any other material available that may give a sneak peek into a product before making a purchase.

  • Testimonial Disclosure

    In accordance with the FTC guidelines concerning the use of endorsements and testimonials in advertising, please be aware of the following.

    Any testimonials appearing on this site are received via a text, audio, or video submission. They are individual experiences, reflecting the real-life experiences of those who have used our products and/or services in some way or another.

    However, they are individual results, and results do vary. We do not claim that they are typical results, or results that consumers will generally achieve. The testimonials are not necessarily representative of all of those who will use our products and/or services.

    The testimonials displayed (text, audio, and/or video) are given verbatim, except for the correction of grammatical or typing errors. Also, some testimonials may be shortened if they seem too lengthy, or if the entire message is not relevant for the general public.

    The Agile Artist is not responsible for any of the opinions or comments posted to our site, nor do we necessarily share those opinions, views, or comments. http://theagileartist.com is not a forum for testimonials, however, The Agile Artist may provide testimonials as a means for customers to share their experiences with one another.

    To prevent against abuse, all testimonials will appear after being reviewed by The Agile Artist.

  • Earnings Disclaimer

    Any earnings or income statements, or earnings or income examples, are our earnings and are not typical. There is no assurance that you'll do as well, and it is possible that you could earn nothing at all.

    Where specific income figures are used, and attributed to an individual or business, those persons or businesses have earned that amount. There is no assurance you'll do as well. If you rely upon our figures, you must accept the risk of not doing as well.

    Internet businesses and earnings derived therefrom, have unknown risks involved, and are not suitable for everyone. Making decisions based on any information presented in our products, services, or website, should be done only with the knowledge that you could make no money at all, or experience significant losses.

    All products and services by The Agile Artist are for educational and informational purposes only. Users of our products, services, and website are advised to do their own due diligence when it comes to making business decisions, and all information, products, and services that have been provided should be independently verified by your own qualified professionals. Check with your accountant, lawyer, or professional advisor before acting on this or any information.

    You agree that The Agile Artist is not responsible for the success or failure of your business decisions relating to any information presented by The Agile Artist, its products, or its services.

  • Affiliate Disclosure

    Disclosure of Material Connection:

    Some of the links in this website are affiliate links. This means that if you click on the link and purchase the item, the owner of this website will receive an affiliate commission. Some URL's may also be masked and forwarded, to protect any affiliation status. This website may also accept forms of cash advertising, sponsorship, paid insertions, or other forms of compensation. The compensation received may influence the advertising content, topics, or posts made in this website. That content, advertising space, or post may not always be identified as paid or sponsored content. The owner(s) of this website may be compensated to provide opinions on products, services, websites, and various other topics.

    Regardless, The Agile Artist will only recommend products or services that will add value to their readers. Even though The Agile Artist may receive compensation for posts or advertisements, the information posted will always be an honest opinion, finding, belief, or experience regarding those topics or products.

    The views and opinions expressed on this website are purely those of the author. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

    This website does not contain any content which might present a conflict of interest.

    The Agile Artist is disclosing this in accordance with the Federal Trade Commission's 16 CFR, Part 255: Guides Concerning the Use of Endorsements and Testimonials in Advertising.

  • Amazon Affiliate Disclaimer

    The owner of this website may be a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for websites to earn advertising fees by advertising and linking to Amazon properties including, but not limited to, amazon.com, endless.com, myhabit.com, smallparts.com, or amazonwireless.com.

  • AdSense Disclaimer

    This website uses (or will one day use) Google Adsense, a Web-advertising-service of Google Inc., United States ("Google"). Google Adsense uses "cookies" (text files) that are stored on your computer and allows an analysis of the use of the Website by you.

    Google Adsense also uses so-called "web beacons" (small invisible images) to gather information. Through the use of Web beacons, simple actions (such as the visitor traffic to the website) can be recorded and collected.

    The information generated by the cookie and/or Web Beacon information about your use of this site, including your IP address, will be transferred to a Google server in the U.S. and stored there. Google will use this information to evaluate your use of the site in order to compile reports on website activity and ads for website operators and providing other use of this website and internet-related services.

    Google is unable to transmit this information to third parties unless required by law, or if third parties process this data on Google's behalf.

    Google will not associate your IP address with any other data held by Google.

    You can avoid storing cookies on your hard drive and the display of Web Beacons by adjusting your browser settings:
    Internet Explorer: Tools> Internet Options> Privacy> Settings
    Firefox: Tools> Settings> Privacy> Cookies

    However, if you disable these features, you may not be able to use all of the features of this website. By using this site, you agree to the processing of data about you by Google in the manner described, and agree to the aforementioned purpose.

  • Double Dart Cookies

    Google, as a third party vendor, may use cookies to serve ads on theagileartist.com. Google's use of the DART cookie enables it to serve ads to users based on their visit to theagileartist.com and other websites on the Internet.

    Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at the following URL: http://www.google.com/privacy_ads.html

    Some of our advertising partners may also use cookies and web beacons on our site.

  • Affiliate Agreements

    Please read the entire agreement.

    This is a legal agreement between you and The Agile Artist. By acting as an affiliate for The Agile Artist or promoting any product created by The Agile Artist, you are agreeing that you have read, understand, and agree to the terms and conditions of this agreement, and that you agree to be legally responsible for any breach of this agreement.

    Overview

    This Agreement covers the terms and conditions that apply to anyone who enters into The Agile Artist's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and The Agile Artist's website.

    Affiliate Obligations
    1. We may reject your application at our sole discretion. We may also cancel your application if we determine that your website is unsuitable for our Program. A website can be considered unsuitable for many reasons, including if it:

    • Promotes sexually explicit materials
    • Promotes violence
    • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
    • Promotes illegal activities
    • Incorporates any materials which infringe, or assist others to infringe, on any copyright, trademark, or other intellectual property rights or to violate the law
    • Includes "The Agile Artist" or variations or misspellings thereof in its domain name
    • Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
    • Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
    • Is created or designed, explicitly or implied, in a manner which resembles our website, or if you design your website in a manner which leads customers to believe that you are The Agile Artist or any other affiliated business - This applies to every website that you operate, whether or not it is used in promoting The Agile Artist or its properties.

    2. As a member of The Agile Artist's Affiliate Program, you may have access to downloadable HTML code that provides links to webpages or products within the The Agile Artist's website, as well as code for posting and/or using various promotional materials, including but not limited to: banners, coupons/discounts, and other affiliate links. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide, and you must do so in the manner in which it is instructed to be used.
    3. The Agile Artist reserves the right, at any time, to review your placement, approve the use of Your Links, and require that you change the placement or use to comply with the guidelines provided to you.
    4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date.
    5. It is your responsibility to follow all applicable laws that pertain to your website. You must have express permission to use any person's copyrighted material, whether it be writing, images, or any other copyrighted work. We will not be held responsible if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.

    The Agile Artist Rights and Obligations

      1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made to comply with this Agreement, or to make sure that your links to our website are appropriate. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in The Agile Artist's Affiliate Program.
      2. We reserve the right to terminate this Agreement and your participation in The Agile Artist's Affiliate Program, immediately and without notice to you, should you commit fraud in your use of The Agile Artist's Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, The Agile Artist shall not be liable to you for any commissions associated with any sales made by you in the period of time that the fraud or abuse occurred.
      3. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.

    Termination
    Either party may end this Agreement at any time, with or without cause, by giving written notice to the other party. Written notice can be in the form of postal mail or e-mail. In addition, this Agreement will terminate immediately if it is found that you have breached this Agreement in any way.

    Modification
    We may modify any of the terms and conditions in this Agreement at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and The Agile Artist's Affiliate Program rules. If you continue to participate in The Agile Artist's Affiliate Program after we have e-mailed a notice to you, and after we have posted the changes on our website, that will indicate your agreement to these changes, and you will be held legally responsible for upholding them.

    Payment
    Affiliate payments will be released on the 1st and 15th of each month. Only sales that are at least 30 days old qualify to be paid out. If a sale has been made within 30 days of the current payment period, it will not be paid out until it has passed its 30 day wait period, at which time it will be paid in the following payment period.

    Promotion Restrictions
    1. You may not mention The Agile Artist or theagileartist.com in any promotion that is not specifically advertising a product or service from The Agile Artist. When you are specifically promoting a product or service from The Agile Artist, there are certain forms of advertising that are prohibited. These prohibited forms of advertising include, but are not limited to: any advertising commonly referred to as "spamming", unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents the product, our company, your identity, your domain name, or your return email address. You may use mailings to customers to promote The Agile Artist so long as the recipient is already a customer or subscriber of your services or website, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote The Agile Artist so long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent from The Agile Artist. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to unacceptable advertising or solicitation.
    2.Affiliates shall not transmit any so-called "interstitials", "Parasiteware™", "Parasitic Marketing", "Shopping Assistance Application", "Toolbar Installations and/or Add-ons", "Shopping Wallets", or "deceptive pop-ups and/or pop-unders" to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant's site. As used herein, "Parasiteware™" and "Parasitic Marketing" shall mean an application that:

    • (a) through accidental or direct intent, causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
    • (b) intercepts searches to redirect traffic through an installed software, thereby causing commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would, under normal circumstances, have arrived at the same destination through the results given by the search engine ("search engines" being, but not limited to: Google, MSN, Yahoo, Overture, AltaVista, Hotbot, and similar search or directory engines);
    • (c) sets commission tracking cookies through the loading of Merchant site in IFrames, hidden links, and automatic pop ups that open The Agile Artist's website;
    • (d) targets text on websites, other than those websites which are 100% owned by the application owner, for the purpose of contextual marketing;
    • (e) removes, replaces, or blocks the visibility of Affiliate banners with any other banners, other than those which are on websites that are 100% owned by the owner of the application.

    Grant of Licenses
    1. We grant to you a non-exclusive, non-transferable, revocable right to:

    • (a) access our site through HTML links solely in accordance with the terms of this Agreement
    • (b) solely in connection with such links, use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you and authorize for such purpose.

    2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene, or which otherwise portrays the party in a negative light. Each party reserves all of its respective rights to the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

    Disclaimer
    The Agile Artist makes no express or implied representations or warranties regarding The Agile Artist's website or the products or services provided therein. Any implied warranties of The Agile Artist's ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruption or errors.

    Representations and Warranties
    You represent and warrant that:

      1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms
      2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
      3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

    Limitations of Liability
    We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability, or other legal or equitable theory for any indirect, incidental, consequential, special, or exemplary damages (including, without limitation, loss of revenue or goodwill, or anticipated profits or lost business), even if we have been advised of the possibility of such damages.

    Further, not withstanding anything to the contrary contained in this Agreement, in no event shall The Agile Artist's cumulative liability to you arising out of, or related to, this Agreement, whether based in contract, negligence, strict liability, tort, or other legal or equitable theory, exceed the total commission fees paid to you under this Agreement.

    Indemnification
    You hereby agree to indemnify and hold harmless The Agile Artist and its subsidiaries and affiliates, directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of, or are based on:

    • (a) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party,
    • (b) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or
    • (c) any claim related to your website, including, without limitation, content therein not attributable to us.

    Confidentiality
    All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, which is marked "Confidential", will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.

    Miscellaneous

      1. You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and The Agile Artist. You have no authority to make or accept any offers or representations on our behalf. You will not make any statement, on your websites or otherwise, which would reasonably contradict anything in this Section.
      2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
      3. This Agreement shall be governed by and interpreted in accordance with the laws of California, without regard to the conflicts of laws and principles thereof.
      4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
      5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
      6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
      7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.

  • Contact Details

    The Agile Artist

    http://theagileartist.com

    support@theagileartist.com

    1486 Lakeshore Circle San Jose CA 95131

    1-831-234-6656

This website is currently in development (alpha). Please make all purchases through cjohnson@theagileartist.com.