By clicking Sign Up, you agree to Printscapes’ Storefront Agreement, Purchase Policy, Terms of Use, and Privacy Policy (collectively, "Terms"). If Printscapes makes a material change or amendment to any of these Terms, it will notify you by posting the version number and date of such amendment at the top of the agreement(s). Printscapes may send you communications; you may change your preferences and review these Terms in your account settings at any time.

PRINTSCAPES

STOREFRONT AGREEMENT

Last Updated: DECEMBER 15, 2017

All capitalized terms not defined in this Storefront Agreement shall have the meaning set forth in the Terms of Use, unless otherwise noted.

Printscapes provides a broad range of services through its Website, including the ability to create your own personalized Printscapes subdomain, or online storefront, which follows the general format of https://[storefront name].printscapes.com (each, a "Storefront"). Your Storefront, which is powered by the software provided through Printscapes, contains a number of features, benefits, and tools required to support the sale of art décor products ("Products") derived from User Content. You may create and maintain a Storefront on a monthly or annual basis (each, a "Storefront Plan"). By registering a Storefront Plan, you will continue to be bound by all of the terms and conditions of the Terms of Use (available on the Website and incorporated here by reference), as well as by your agreement to the terms of this Printscapes Storefront Agreement (the "Storefront Agreement") and participation in Printscapes’ Storefront program (the "Storefront Program").

Any disputes resulting from your participation in the Storefront Program will be subject to the dispute resolution provisions in accordance with the Terms of Use. If the terms of this Storefront Agreement conflict with any of the Terms, then this Storefront Agreement will govern and be given precedence, with respect solely to your participation in the Storefront Program.

ABOUT YOUR STOREFRONT

The Storefront Plans. You must be a Member of the Website to register for a Storefront Plan and participate in the Storefront Program. You must promptly pay all fees in connection with registering and maintaining a Storefront Plan ("Plan Fees") in order to maintain your participation in the Storefront Program.

Visit the “Start Your Own Storefront” page of the Website to learn more about the Storefront Plan options.

START YOUR OWN STOREFRONT

Storage and Backups. Each Storefront Plan comes with a specified storage space limit with regard to the number of images uploaded, an overview of which can be viewed on the "Start Your Own Storefront" page of the Website. You may review your storage limits by clicking "My Storefront" in the "My Account" section of the Website. You will be notified if you reach the limit of your allotted storage space, and thereafter you may upgrade to a Storefront Plan with more storage space or delete files to comply with your storage limits. If you exceed your allotted storage space and do not upgrade your Storefront Plan or delete a sufficient numbers of files, Printscapes retains the right to charge for overages at a rate of $0.05 per image of space exceeded per month, or to block your upload of any additional images.

Printscapes is not a backup facility for User Content. It is solely your duty and responsibility to back up your files and data, and under no circumstance will Printscapes be liable for damages of any kind under any legal theory for loss of User Content and/or data on any Printscapes server. To prevent loss of User Content, you should maintain your own backup copies. Further, if Printscapes discovers that you are using an account as an online storage space for archiving electronic files, Printscapes may terminate your Member account or your Storefront Plan at its sole discretion and without prior notice.

Renewal/Cancellation of Your Storefront Plan. Your Storefront Plan will automatically renew for an additional term at the end of its current term (e.g., for an additional month or year, depending on your Storefront Plan) (the "Plan Period"), unless you cancel your Storefront Plan. At the end of your Plan Period, Printscapes will bill the payment method associated with your account. Should the Plan Fees for your selected Storefront Plan change in any way, Printscapes will notify you by email of the change before renewing your Storefront Plan. You may cancel your Storefront Plan at any time by clicking "Cancel My Storefront" on the "My Storefront" page in the "My Account" section of the Website. If you cancel your Storefront Plan within thirty (30) days of initial registration, you will be entitled to a full refund of the Plan Fees paid by you, less any Purchase Credits used during such period, however, if you cancel at any other time during a Plan Period, you will not be entitled to a refund of any Plan Fees paid by you for your then-current Plan Period, unless otherwise approved in writing by Printscapes.

Printscapes may, with or without notice to you, suspend or terminate your Storefront for any reason, including, but not limited to: (a) your violations of any of the Terms, or (b) your repeated infringement of the intellectual property rights of Printscapes or third parties. Upon cancellation of your account for any reason, including by you or by Printscapes, Printscapes may remove any or all of User Content and/or Products from the Website, Printscapes’ servers and/or directories, and ban you from use of the Website by any available means, including blocking your IP address.

Effect of Cancellation/Termination of Your Storefront Plan. If you cancel your Storefront Plan, or if for any reason your Storefront Plan is terminated, then your Storefront will be removed from the Website, the URL will be relinquished, and visitors will thereafter be re-directed to www.printscapes.com from your Storefront URL. In addition, all Ambassador Links (as defined below), if any, associated with you Storefront will become inactive, and you agree to remove any and all such Ambassador Links posted or otherwise made available by you. If applicable, User Content submitted by you will also be removed from Website and the Marketplace. You will not receive any further Payments, of any type, which are contingent on your continuation of your Storefront Plan, except for payments which were pending as of the effective date that your Storefront Plan was cancelled or terminated, unless you cancel your Storefront Plan within thirty (30) days of registration, in which case you forfeit any payments that would otherwise be due to you. You will continue to have access to your Member account, to all of your purchase history and Commissions summary information, which can be found in "Reports" under the "My Account" section of the Website. Your personal information, including your PayPal email account information, will be retained by Printscapes for thirty-six (36) months to wind up its business with you. All other Member account information will remain in the Printscapes database indefinitely, to support any questions from tax authorities, questions from you as a Customer, questions related to Customers of your Storefront, or to support Printscapes’ accounting department. Such information will be retained by Printscapes as part of its permanent records, however, this information will not be made available to third parties, other than Printscapes and its staff, or to the appropriate tax authorities. High resolution copies of User Content will be deleted from our servers within six (6) months of the effective date that your Storefront Plan was cancelled or terminated. Notwithstanding the foregoing, low resolution copies of User Content will be archived indefinitely to support visual references for all sales, commissions, and financial activities associated with User Content. In addition, low resolution copies of User Content posted on any social network sites and associated information are not able to be deleted.

If you wish to reinstate a cancelled or terminated Storefront Plan, including but not limited to by remedying the cause for which Printscapes terminated your Storefront Plan, you must contact Printscapes customer support within three (3) business days of such cancellation or termination at support@printscapes.com, or by calling our customer support line during business hours (8-5 MST) at 1-877-337-5433 (toll free in North America) or worldwide at 1-780-447-5433.

Printscapes shall have no liability to you or any third party because of cancellation or termination of your Storefront Plan.

Upgrading or Downgrading Your Storefront Plan. You may change your Storefront Plan at any time by clicking the "Change My Plan" button on the "My Storefront" page in the "My Account" section of the Website. Any changes to your Storefront Plan will take immediate effect.

If you upgrade your Storefront Plan, and any Plan Fees pre-paid for your prior Storefront Plan will be credited and applied to your upgraded Storefront Plan. Any Earned Commissions attributed under your previous Storefront Plan will be paid using the commission structure of that Storefront Plan.

If you downgrade your Storefront Plan, any Plan Fees which are pre-paid will not be refundable, however, Commissions earned but not yet paid under your previous Storefront Plan will be paid using the commission structure of the previous Storefront Plan.

For any upgrade or downgrade, if your new Storefront Plan is an annual plan, your new Plan Period anniversary will be the date of any such upgrade or downgrade, however if your new Storefront Plan is monthly, your Plan Period will remain the same as your prior Storefront Plan.

If you upgrade or downgrade your Storefront Plan, and you had earned Purchase Credits or Rebate Credits under your previous Storefront Plan, Printscapes may, in its sole discretion, adjust your Purchase Credits or Rebate Credits on a pro rata basis. For details, visit the FAQ section of the Website.

LIMITED LICENSES

You may upload User Content: (i) solely for your personal use, (ii) for use on Products sold through your Storefront or (iii) for submission to the Marketplace, where User Content that is accepted by Printscapes will be made available for use in or on Products sold via third party Storefronts. In addition, you may use third party Content from the Marketplace on Products sold through your Storefront. Your submission or use of User Content will be subject to the licenses described in the User-Submitted Content section of the Terms of Use.

AMBASSADOR PROGRAM

This Section provides the terms and conditions of a referral program through which you may earn commissions when you refer potential customers to purchase Storefront Plans (the "Ambassador Program") via unique affiliate links located on your Storefront (such as the "Start Your Own Store" link on your Storefront) or unique affiliate links otherwise distributed by you ("Ambassador Link(s)"). Under the Ambassador Program, and depending on your Storefront Plan, you will be entitled to receive commissions as further described below. Members who choose to participate in the Ambassador Program are hereinafter referred to as an "Ambassador". If you are eligible to become an Ambassador, you will continue to be bound by all of the Terms, and by your agreement to the terms of this Storefront Agreement and participation in the Ambassador Program.

Customer Purchases via the Ambassador Program. All Customers who register a Storefront Plan through an Ambassador Link, as well as Customers who purchase Products from those registered Storefronts, will be deemed to be Printscapes’ customers. Accordingly, all of the rules, policies, and operating procedures of Printscapes concerning Storefront Plans, customer orders, customer service, and Product sales will apply to those Customers. Printscapes may change these rules, policies, and operating procedures at any time. Printscapes will be responsible for all aspects of order processing and fulfillment, and Printscapes reserves the right to reject orders that do not comply with any requirements or policies as Printscapes may establish from time to time.

Ambassador Commissions. Printscapes will track all Storefronts registered by Customers using Ambassador Links, and will make available to each Ambassador reports summarizing all sales activity via their Ambassador Links in the "Sales & Commission Summary" tab, under the "Reports" section within "My Account". The form, content, and frequency of the reports may vary from time to time at Printscapes’ sole discretion. Ambassadors may have the opportunity to earn the following types of commissions ("Ambassador Commissions"):

1. Tier 1 Referrals. If you are eligible, then upon the successful conclusion of a Storefront Plan purchase via an Ambassador’s Ambassador Link ("Tier 1 Referral"), the Ambassador will be entitled to the Tier 1 Referral commission associated with the Ambassador’s Storefront Plan ("Tier 1 Referral Commissions"). In addition, on the successful conclusion of each Product purchase via a Tier 1 Referral Storefront, the Ambassador will be entitled to a residual commission in accordance with the Ambassador’s Storefront Plan ("Tier 1 Residual Commissions").
2. Tier 2 Referrals. If you are eligible, then upon the successful conclusion of a Storefront Plan purchase via one of the Ambassador’s Tier 1 Referral’s Ambassador Link ("Tier 2 Referral"), the Ambassador will be entitled to the Tier 2 Referral commission associated with the Ambassador’s Storefront Plan ("Tier 2 Referral Commissions"). In addition, on the successful conclusion of each Product purchase via a Tier 2 Referral Storefront, the Ambassador will be entitled to a residual commission in accordance with the Ambassador’s Storefront Plan ("Tier 2 Residual Commissions").
3. If one of your Tier 1 Referral cancels their Storefront Plan, you will receive no further Tier 1 Referral Commissions or Tier 1 Residual Commissions from that specific Tier 1 Referral, but you will continue to receive Tier 2 Referral Commissions and Tier 2 Residual Commissions from any Tier 2 Referrals created via the Tier 1 Referral.
4. Disclosure of Information. Printscapes reserves the right, and you hereby authorize Printscapes, to share or disclose your name and email address solely for marketing purposes (“Marketing Information”), with Storefront Owners who are affiliated with your Storefront via a Tier 1 or Tier 2 Referral, including with Storefront Owners who you referred to Printscapes in your capacity as an Ambassador and the Storefront Owner who referred you to Printscapes in his/her/its capacity as an Ambassador. You hereby agree that you will only use Marketing Information you receive for direct marketing purposes, and will not disclose Marketing Information to third parties. To learn more about when and how Printscapes uses and discloses personally identifiable information, visit the Privacy Policy.

Conduct and Communications of Ambassadors. Ambassadors may only use advertising materials authorized by Printscapes to promote their Ambassador Links, and Ambassadors may not make any press release or public statement with respect to this Storefront Agreement or their participation in the Ambassador Program without Printscapes’ prior written consent, which may be given or withheld in its sole discretion. In addition, Ambassadors may not misrepresent the nature of their or any other participant's participation in the Ambassador Program, and doing so may result in suspension or termination of the Ambassador’s Storefront or Member account. In all promotions and other communications, an Ambassador must clearly represent itself and its Storefront as entities independent from Printscapes, and may not indicate in any way that the Ambassador has the authority to represent or bind Printscapes, nor the existence of a partnership, joint venture, or other business relationship other than that of independent contractors. Ambassadors shall conduct themselves truthfully and professionally when acting as Ambassadors and shall not use any illegal marketing strategies or marketing strategies that would otherwise violate this Storefront Agreement. Ambassadors shall not use "spam" or recorded telephone messages to market or sell Products, spam or attempt to subvert the results of the Printscapes search engine with false, misleading, or unnecessarily repetitive information. If an Ambassador breaches any of the terms of this Section, the Ambassador will be subject to termination from the Ambassador Program or temporary suspension of the Ambassador’s Storefront or Member account, at Printscapes’ sole discretion. Printscapes reserves the right at its sole discretion to modify the foregoing rules at any time, and to take action against any person or entity that does not conform to these rules or any laws related to advertising or marketing on the Internet or otherwise.

Use of Printscapes Trademarks. Printscapes grants Ambassadors a nonexclusive, revocable right to use the Printscapes Marks and such other Content incorporated into authorized advertising materials, solely for use in connection with promoting Ambassador Links and to assist in generating sales of Storefront Plans. No modifications of such Printscapes Marks and other Content are permitted whatsoever. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice. In addition, we grant you a nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your Affiliate Website to the Website and promoting Products for sale. These product images must be served by the Website and cannot be used in any form other than the form provided by us.

EARNINGS, PAYMENTS AND ACCOUNTING

Earning Commissions. Through your participation in the Storefront Program, and any associated programs or offers, you may earn one or more of the following commissions ("Commissions"):

1. Product Commissions. Upon the successful conclusion of a Product purchase via your Storefront, you will be entitled to the compensation associated with your Storefront Plan (each, a "Product Commission"). Printscapes will pay you the Product Commission, which shall be calculated based on the total price paid by the Customer for the Product(s) purchased less any applicable deductions such as for returns or refunds, taxes, shipping & handling, and any applicable third party commissions (including, without limitation, third party User Content Commissions and Marketing Commissions).
2. User Content Commissions. Upon the successful conclusion of a Product purchase that features your User Content, whether via your Storefront or a third party Storefront, you will be entitled to the compensation associated with your Storefront Plan (each, a "User Content Commission"). Printscapes will pay you the User Content Commission, which shall be calculated based on the total price paid by the Customer for the Product(s) purchased, less any applicable deductions such as for returns or refunds, taxes, shipping & handling, and any applicable third party commissions (including, without limitation, third party User Content Commissions and Marketing Commissions).
3. Ambassador Program Commissions. Depending on your Storefront Plan, you may be eligible to participate in the Ambassador Program and earn Ambassador Commissions. To learn more, click "My Storefront" in the "My Account" section of the Website to view your Storefront Plan type and to determine your eligibility, or visit the "Start Your Own Storefront" page of the Website to learn more about the different Storefront Plans.
4. Third Party Marketing Commissions. You may elect, in your sole and absolute discretion, to assign a percentage of your Product Commissions and/or Ambassador Commissions to a third party you have hired to provide marketing services in connection with your Storefront or the Ambassador Program, as applicable (any such allocated percentage, a "Marketing Commission"). Solely as a courtesy service, Printscapes will account and pay such amounts allocated by you to the person(s)/entity(ies) listed by you as marketing assistants (each, a "Marketing Assistant"). To register a person/entity as a Marketing Assistant, such person/entity must be registered as a Member of Printscapes. To complete the registration, visit the "Earn More Money" page of the Website and fill out the registration form, including the percentage of your Product Commissions and/or Ambassador Commissions to be allocated to the Marketing Assistant. By completing the Marketing Assistant registration, you authorize Printscapes to deduct such allocated Marketing Commissions from your designated Commissions for so long as you authorize such payments to the Marketing Assistant or so long as you maintain your Storefront, whichever ends sooner. Printscapes shall have no liability whatsoever in connection with any activities or agreements between you and any such Marketing Assistant, including, without limitation, in relation to the termination of or your failure to maintain your Storefront.

Earning Credits. Depending on your Storefront Plan, you may be entitled to: (a) automatically receive credits in connection with your Storefront Plan, which you can use to purchase Products on the Website (“Plan Credits”), (b) earn credits through your participation in the Tell a Friend Program (“TAF Credits”), and (c) earn annual credits on your own Website purchases (“Rebate Credits”). To find out more about Plan Credits, visit the “Start Your Own Storefront” page of the Website. Rebate Credits are worth five percent (5%) of the purchase price of the Product(s) you purchase during each year of your Storefront Plan, and will be issued on each anniversary date of your Storefront Plan in the form of a credit to your future purchases on the Website. Rebate Credits, Plan Credits, and Referral Credits must be used within one (1) calendar year from when they are issued, and are not valid for cash or cash equivalent, and cannot be transferred to other people or Member accounts.

Timing of Payments. Printscapes will calculate and pay the Commissions due to you or your Marketing Assistant(s) on a quarterly basis, as of the 31^st of December, the 31^st of March, the 30^thof June, and the 30^th of September of each calendar year according to its standard accounting practices, within thirty (30) days following the end of the relevant accounting period; provided, however, that all Commissions will be subject to a forty-five (45) day withholding period from the date any such Commission is earned, to account for order cancellations, refunds, and returns, following which such Commissions will be deemed to have been earned by you ("Earned Commissions"). You may apply any Earned Commissions in your account that have not yet been paid to you toward any Product orders you place on the Website. Printscapes reserves the right to withhold Commission payments until such Commissions due to you total One Hundred Canadian Dollars (CAD $100.00) or more. You shall be solely responsible for, and Printscapes shall have no liability whatsoever for, any Commission amounts you may owe third parties on account of sales via your Storefront. Commissions will be paid to the PayPal account linked to your Storefront Plan, which you agree to maintain as current at all times your Storefront Plan is active Printscapes will use reasonable efforts to locate you in the event payments are returned unclaimed. In the event that, notwithstanding Printscapes’ reasonable efforts, you cannot be located for twelve (12) consecutive months, all unclaimed commissions shall be deemed abandoned and Printscapes will have the right to retain all amounts due, if any.

Reporting. All reporting for Commissions and any other applicable amounts earned or paid will be available on the "Reports" page in the "My Account" section of the Website. Reports are downloadable for accounting purposes, and will be deemed to be accurate and accepted by you after a period of one (1) year after the report is published online. Any dispute regarding amounts reported must commence within such one (1) year period; otherwise, such cause of action is permanently barred.

Taxes. You are solely responsible for paying any and all taxes associated with each transaction imposed by governments or governing authorities, and related reporting or audit requirements arising out of, as a result of, incidental to, or in connection with obligations under this Storefront Agreement. The amounts distributed to you will be deemed to be inclusive of any taxes, if applicable. Notwithstanding, Printscapes reserves the right to deduct or withhold from any Commissions owed to you any taxes or other levies as required by applicable law. For Canadian Members only, if you are registered to collect GST/HST, you must provide your GST/HST Business Number on the "How I Get Paid" page located in the "My Account" section of your Member account. Printscapes will pay GST/HST for all Canadian Members who provide the appropriate GST/HST information at the current rate of tax in addition to any Commissions that are due and owing. It is solely your responsibility to account for and remit the value added tax to the appropriate tax authorities.

PURCHASES AND CUSTOMER SERVICE

Order Processing. Printscapes will be responsible for all aspects of processing and fulfilling all Product orders placed by Customers through your Storefront, including processing payments, cancellations, and returns, and handling all aspects of customer service. Printscapes reserves the right to reject orders that do not comply with any requirements or policies as we may periodically establish.

Pricing. Printscapes and its affiliates shall determine, in their sole discretion, the retail price for all Products sold on the Website, including, without limitation, on your Storefront, or through other third party Storefronts. Printscapes and its affiliates may offer discounts, promotions, price reductions, free shipping, volume incentive discounts, and other sales of any type (inclusively, "Sale Events") from time to time in their sole discretion. Sale Events will not affect your percentage rates for earning or paying Commissions.

Customer Service. If a customer contacts you directly with respect to a Product concern or for other Printscapes related inquiries, you agree that you will immediately refer the customer to the Printscapes customer support team at support@printscapes.com. You further agree that you do not have the power to represent or act on behalf of Printscapes, make any declarations or promises, or attempt to bind Printscapes to any action in respect to Printscapes’ Customers in any circumstances and at any time, including, without limitation, accepting payments on behalf of Printscapes. You indemnify and hold Printscapes harmless from and against third party claims against Printscapes, in connection with or arising out of any such unauthorized actions you may take with respect to customer service.

Purchasing Products from Your Storefront. You are entitled to purchase Products from your Storefront at a discount off the retail purchase price equal to the Commission(s) that you would have been entitled to had such purchase been made by a Customer. You must be logged in to your Member account and have a valid Storefront Plan when placing such an order to qualify for such discounts. You will not earn Commission(s) on any orders you place on your Storefront.

REPRESENTATIONS & WARRANTIES; INDEMNITY

You represent and warrant that:

1. you have the full and complete right to enter into this Storefront Agreement and to grant Printscapes the rights granted by you;
2. you own all rights in or have permission to use your Storefront name and the unique URL registered by you, and no further permissions are required from, nor payments required to be made to, any other person in connection with the use by Printscapes of your Storefront name; and
3. your Storefront name and the unique URL registered by you does not and will not infringe the intellectual property rights or other rights of any person or entity, including, but not limited to, trademarks or the rights of privacy or publicity.

You hereby defend, indemnify, and hold harmless Printscapes and its sub-licensees, successors, affiliates, and assigns against any third party claim in connection with your breach of any of the representations, warranties, promises, covenants, conditions, or agreements made by you in this Storefront Agreement.

CONFIDENTIALITY OBLIGATION

During the term of this Storefront Agreement and for as long after its expiration or termination as you possess any Confidential Information, you agree not to disclose any Confidential Information to any third party or use any Confidential Information except as necessary to perform your obligations under this Storefront Agreement. "Confidential Information" includes, but is not limited to, information concerning Printscapes’ marketing plans, financial information, pricing, product lines, product plans, proprietary technology, research information, business practices, trade secrets, and any and all other information denoted as confidential or that should reasonably be considered confidential. Confidential Information does not include information that you can demonstrate: (i) was independently developed by you prior to your receipt of and without the benefit of the Confidential Information; (ii) is or becomes available to you or the public, other than as a result of an act or omission by you in breach of this Storefront Agreement; (iii) is or becomes available to you on a non-confidential basis from a source other than Printscapes, so long as that source is not bound by a confidentiality obligation to Printscapes; or (iv) was in your possession prior to its disclosure by Printscapes. Further, it will not be a breach of this Agreement if you disclose Confidential Information pursuant to an order of a court or other governmental agency; provided that, if legal, you notify Printscapes of such court order and cooperate with Printscapes in securing a protective order for such Confidential Information.