Note: This is NOT a current version of ArtCorgi’s artist contract. ArtCorgi’s current contract can be found at ArtCorgi.com/Artist-Contract/Effective August 2nd, 2014 to April 9th, 2015
Thank you for your interest in working with ArtCorgi. Our mission is to help up-and-coming artists boost their earnings and gain visibility, and we would love to play a role in bringing your artistic career to the next level.
This is an agreement between you (the artist) and us (Gigaverse, Inc., which owns ArtCorgi.com). By signing up to provide art through Gigaverse, Inc.-owned properties, you agree to the terms outlined below.
Should this agreement change and should you already be a member of your network, you will receive notice of the change via the email address you provide, and be invited to accept or decline the updated agreement.
Terms for Selling Work Through ArtCorgi.com
By joining our network of artists, you agree to:
- Appoint ArtCorgi as your non-exclusive agent and allow us to manage purchases, payment, and communication for work clients commission from you through ArtCorgi.com and other properties owned by Gigaverse, Inc.
- Only submit samples of work that you created and to which you retain copyright.
- Accept orders for your work that are placed through ArtCorgi.com.
- Create work for clients that reflects the same artistic style they selected on ArtCorgi.com when commissioning your work.
- Create work for clients that reflects the same level of quality and detail presented in the samples you showcase on ArtCorgi.com.
- Create work that features subjects clients submit as references (so long as clients’ requests are in line with the subjects you have agreed to include in your commissions).
- Create work in the orientation (portrait, landscape, square, Facebook-friendly, etc.) that clients request.
- Carefully take into consideration clients’ requests and direction and work to the best of your ability to create art that you think they will like.
- Submit work within whatever turnaround period you establish with us (time taken by clients to provide feedback on rough sketches does not count toward your turnaround time).
- Submit final drafts of commissioned art in the form of a JPEG, PDF, or PNG that is at least 3000 by 3000 pixels with a minimum resolution of 250 pixels per inch (should you need to submit final images in a different format, you must let us know so that we can notify clients that your image format differs from our standard).
- Inform us, ideally three weeks in advance, when you will not be able to accept commission orders, either permanently or for a short period of time (for example, due to travel or sickness).
- Respond to emails we send within 48 hours unless the do not require a response unless you have notified us that you will be temporarily unavailable in advance.
If you create work based on special requests and unique contracts that involve direct, back-and-forth email communication with your client, you agree to adhere to the unique terms you establish with your client.
You are eligible to sell work through ArtCorgi if:
- You are 18 years old or older
- You have read and agree to our Terms of Service
- You have read and agree to our Copyright Policy
- You have read and agree to the terms of this artist contract
- You have a PayPal account (this is presently the only way we may pay artists)
- You are, to the best of your knowledge, willing and able to take on commissions for at least the next six months.
Accepting and Declining Work
By default, we assume that you will accept all orders made through our site and emailed to you. That said, you must confirm each commission order you receive within 48 hours of our message to you informing you of the order.
You may decline any order within 48 hours of receiving it by responding to your order notification email and letting us know you will not take on the commission. We would, however, prefer that you not present work on our site unless you are both willing and able to complete it and that, if you arrive at a point at which you cannot take on new work for a while, you immediately let us know (by emailing us) so that we can mark your work as temporarily unavailable.
Our relationship will be terminated if you fail to accept or decline an order for your work within 48 hours (should you wish to decline). Our relationship will also be terminated should you fail to complete your commission within your designated turnaround time.
Setting Your Terms
By signing up to join the ArtCorgi network, you agree to provide:
- Samples of your work showcasing at least one style of commission you are willing to offer through our site (it is up to you whether you want these samples to include watermarks and you are welcome to showcase multiple commission styles on our site- additional commission styles can be submitted on this page: artcorgi.com/submit-more-samples/). (Note: These sample images may be used in ads and creative for Gigaverse sites to promote commissioned artwork.)
- A description of the subjects that you are willing to incorporate into each style of commission you offer through our site (these subjects will be submitted by clients in the form of image uploads. We ask that you let us know if you only want to depict humans, or you only do landscapes, or if you are only comfortable depicting two people from the chest up for a certain commission style and price point, etc.).
- The number of orders at one time you can accept for each style of commission you offer (note that if you feature four different commission styles on our site and say that you are willing to accept one order at a time for each, you may receive up to four orders at once; if you can only accept one order of any style at one time, you must notify us so we know to mark all other styles as “out of stock” when you receive an order).
- Minimum list prices for each style of commission you will offer through our site. (Keep in mind that if your minimum price point is $100, you may get as little as $70 for a commission, as we take a 30% cut. Also keep in mind that you are free to adjust your commissions’ minimum list prices later on- just send us an email telling us what you want the new minimum list price to be.)
- Reasonable, conservative turnaround times for each style of commission you offer through our site.
- Quotes for additional rounds of revision should clients request that changes be made to a completed work of art.
Confirming Your Ongoing Availability
Because we want to spare clients the negative experience of ordering a commission from an artist only to find that he or she is not available, we will send out regular check-in emails up to once a month in which we ask you to confirm your availability and notify us of any vacations or periods of unavailability coming up.
If you do not respond to one of these check-in emails (either by responding to the email itself or filling out a form confirming your continued availability) within 48 hours, we will remove you from our network.
If at some point you are suddenly unable to accept commission orders or respond to emails in a timely fashion, please notify us as soon as possible so that we can temporarily remove your commission styles from our site and make a note to not expect a response to our monthly check-in emails. By letting us know that you will not be available for a period of time, you can remain in our network and begin offering commissions once you are available again, rather than be removed from our network when we do not get a response to one of our check in emails.
So that we may promote and display your artist samples (which will help you gain new clients), you grant us a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish any content (such as reviews) you post on the site. This license exists only for as long as you choose to continue to include samples of your work on our site and will terminate as soon as you remove your samples or ask us to remove them on your behalf.
By selling through ArtCorgi, you agree to retain copyright of all art you create and sell through ArtCorgi. You also agree to grant a worldwide, fully-paid, royalty-free, non-exclusive, non-transferable, non-commercial, perpetual license to your clients with the right to reproduce, distribute, transmit, create derivative works of, and publicly display their commissions for personal purposes.
Any additional contracts you might sign when executing bespoke commissions for clients will supercede the licensing outlined here. In other words, if you agree to pass copyright to an image on to an ArtCorgi client in a separate contract, that license takes precedent over the default license described above.
By joining our network, you agree to accept payment through ArtCorgi for all work commissioned through our site and be paid 70% of each commission’s list price (as displayed at the time of each commission’s purchase). This price will always be at or above the minimum list price you set for a given commission style. We take the remaining 30% of the final listed price to cover credit card and PayPal transaction fees, marketing costs, replacement commissions for clients exercising our satisfaction guarantee policy, client communication, and site maintenance.
Note that you can receive up to 90% of the list price of one of your commission styles and 20% of the list price of any other artist’s commission style by signing up for ArtCorgi’s referral program (artcorgi.com/referral-program) and sending potential customers to commission style pages using URLs that contain your unique referral ID. For more information on ArtCorgi’s referral program, see ArtCorgi’s Terms of Service.
Payment for your work will be made up front and in full by clients and held by us in escrow until 48 hours after the final work is completed and delivered, at which point your earnings will be delivered via PayPal to the email address you give to us when you submit your artist application. If you want your earnings to be sent to a different email address, you must contact a member of the ArtCorgi team and request that your payment address be changed.
Payment will be withheld if:
- The work you deliver would not be considered to be in the same style or of the same level of quality and detail of the sample(s) your client selected, as judged by a jury of five other artists within the ArtCorgi network.
- The subject(s) of the work you deliver do not bear(s) a reasonable resemblance to the reference sample(s) selected by your client, as judged by a jury of five other artists within the ArtCorgi network.
- The work you deliver is not in the orientation (portrait, landscape, square, Facebook-friendly, etc.) your client requested.
- Your work is not delivered.
- You do not have a working PayPal account.
- You do not deliver work within the turnaround time you specify on your commission style page and your client cancels his or her order after you missed your deadline. (Clients have the option to cancel orders and receive full refunds when their artists to not deliver final works within their listed turnaround times. Days spent waiting for client comments on rough sketches do not count as part of your turnaround time. In other words, if your turnaround time is two weeks and a client takes one week to return comments on your rough sketch, you have a total of three weeks to submit the finished piece.)
If you create work as part of a special request involving one-on-one email communication with your client, payment will only be withheld if you do not adhere to the terms of the agreement you established with your client or if you do not deliver the work.
Your work’s adherence to our quality standards will not be questioned unless your client submits a complaint through our quality-assurance page (https://artcorgi.com/quality/) or disputes a finalized commission’s quality via email. When complaints are submitted, we ask at least give artists within our network to judge whether your work meets our standards, as while they do not have a stake in your profits (or ours), they do have a stake in ArtCorgi’s reputation and understand the ins, outs, and difficulty of creating original work for clients.
Should a client wish to cancel his or her commission after having received a draft, you will receive a kill fee amounting to 35% of the list price of your commission. Your client will be refunded 50% of the commission’s list price, and ArtCorgi will retain 15% of the piece’s list price (30% of the portion left over after the client is refunded) to cover artist and client communication, marketing expenses to drive clients to your work, and transaction fees.
Satisfaction Guarantee-Related Order Transfers
Should a client purchase a commission from you that is paired with our satisfaction guarantee, your earnings will be reduced from 70% of the commission’s list price to 50% of the commission’s list price if the client is not happy with your final product and requests a replacement. Should a client request a replacement, he or she will not be given a final, high quality version of the final work of art you made for him or her.
The payment amounting to 50% of your commission style’s list price comes from ArtCorgi (i.e. Gigaverse, Inc.) directly, as the client’s payment is redirected toward whatever alternate artist chosen to create a replacement commission. Should a client not be happy with your final piece and request a replacement commission, you will be given an option to offer a free extra revision to the client, which he or she may opt to choose over having a new piece made. If the client chooses to accept your revision offer, your earnings will be kept at 70% of your commission style’s list price.
You may cease to work with ArtCorgi and terminate our contractual relationship at any time and for any reason. To terminate your relationship with us, send us an email stating that you no longer wish to sell work through our site. We will remove your samples as soon as possible after receiving your message.
We may also terminate our contractual relationship at any time and for any reason. As a general policy, we will terminate our relationship if you fail to meet the terms for providing work through ArtCorgi that are outlined in this agreement.
You agree to hold harmless and indemnify ArtCorgi against any and all damages, expenses, claims, liabilities, or losses related to your use of the site and our services.