ARTIST- WHOLESALE PURCHASER/ RESELLER AGREEMENT
Between:
Artist: Craig F. Threshie (Thresh) / Jewels of the Reef
and
Wholesale Purchaser/Reseller (identified on the application form being submit and on the purchase receipt)
hereby enter into the following Agreement, commencing with the wholesale sale of Artwork(s) from the Artist to the Wholesale Purchaser/Reseller:
1. General: Developing and maintaining a productive, synergistic business relationship between the Artist and the Wholesale Purchaser/Reseller is of significant importance, and is the primary goal of this agreement. The Wholesale Purchaser/Reseller shall purchase Artworks from the Artist at wholesale pricing with the specific intent of reselling the Artworks to the public. In doing so, the Wholesale Purchaser/Reseller agrees to represent the Artist and his Artworks accurately per the information provided by the Artist, and to promote the Artist and his Artworks to the public with the specific intent of selling the Artworks and assisting the Artist in building name recognition and a productive image for current and future sales. The Artist shall help promote sales of his Artworks through the Resellers' Storefront through the means presented herein. The Artist shall create unique, high quality, original jewelry Artworks presented and packaged in an appealing, saleable and professional manner.
2. Artist's Promotion of the Wholesale Purchaser/Reseller: The Artist shall help promote sales of his Artworks through the Wholesale Purchaser/Reseller's Storefront by, but not limited to, the following:
- A. Creating a written profile with photographs of the Wholesale Purchaser/Reseller's Storefront on http://JewelsoftheReef.com .
- B. Creating and maintaining product pages on http://JewelsoftheReef.com with descriptions and photographs (no pricing) of the Artist's specific signed Artworks currently in stock at the Wholesale Purchaser/Reseller's Storefront, with button links to email inquiries directly to the Wholesale Purchaser/Reseller's Storefront for that specific signed Artwork.
- C. Creating the "Find the Perfect Gift" customized search tool on http://JewelsoftheReef.com, where the Wholesale Purchaser/Reseller's Storefront will be featured with a button link to all product pages for currently stocked signed Artworks by the Artist.
- D. Utilizing the many and varied promotional efforts by the Artist of http://JewelsoftheReef.com. The Wholesale Purchaser/Reseller will potentially benefit from these efforts, as long as there are signed Artworks of the Artist' in stock at the Wholesale Purchaser/Reseller's Storefront. If the Wholesale Purchaser/Reseller has no current stock of signed Artworks by the Artist, all mention of the Wholesale Purchaser/Reseller will be removed from http://JewelsoftheReef.com.
- E. Co-promoting with the Wholesale Purchaser/Reseller any special events and/or discounts of the Artist's Artworks that the Wholesale Purchaser/Reseller wishes to hold, utilizing the many and varied promotional efforts by the Artist of http://JewelsoftheReef.com,
3. Artist's Support Tools for the Wholesale Purchaser/Reseller's Sales: The Artist shall supply the Wholesale Purchaser/Reseller with helpful support tools for the sales of his Artworks, to include, but not limited to:
- A. With every Artwork, specifically designed for the type of jewelry art supplied, a quality, blue leatherette jewelry box with a white satin interior, inside a white cardboard shipping cover with the "Jewels of the Reef" logo imprinted.
- B. With every Artwork, either:
- 1, A Jewels of the Reef "Thank You" creation card including the name of the piece, the item # and the materials composed into it.
- or
- 2. For all signed Artworks, an original Certificate of Authenticity including the name of the piece, the item #, the Artist's description, the main features and materials composed into the piece, a color photo of the specific piece, the Artist's wet signature and date.
- C. The Artist's Business Cards
- D. The Artist's Statement and Bio (8-1/2" x 11")
- E. Be reasonably available to speak by telephone and provide support to a prospective purchaser (or purchaser) of the Artist' Artworks from the Wholesale Purchaser/Reseller, and also to sales staff.
4. Wholesale Purchaser/Reseller's Promotion of the Artist: The Wholesale Purchaser/Reseller shall use its best efforts to promote the sale of the Artist' Artworks by, but not limited to, the following:
- A. Providing clean, well maintained, well lit display of the Artworks in a prominent location and keeping the Artworks polished, clean and fully saleable.
- B. Undertaking promotional activities on the Artist's behalf consistent with its' promotion of other artist' represented within the Wholesale Purchaser/Reseller's Storefront.
- C. Promoting the Artist and representative Artworks on the Wholesale Purchaser/Reseller's website, should there be one.
- D. Providing the Artist with a digital image of its' logo and three horizontally oriented digital images of the gallery or boutique for integration on http://JewelsoftheReef.com to be used only for the promotion of the Wholesale Purchaser/Reseller's Storefront noted within item 2 herein.
- E. Jointly with the Artist, scheduling, organizing and promoting Artist's Receptions and/or Trunk Shows to be held at the Wholesale Purchaser/Reseller's Storefront; the number and scheduling of which shall be by consensus of both parties.
- F. Jointly with the Artist, scheduling and organizing Artist's presentation talks with the Wholesale Purchaser/Reseller's sales staff in order to educate, energize, and support the staff in relation to the Artist' Artworks; to be held at the Wholesale Purchaser/Reseller's Storefront; the number and scheduling of which shall be by consensus of both parties.
5. Wholesale Purchaser/Reseller's Sales of the Artist' Artworks: The Wholesale Purchaser/Reseller shall utilize the following sales and representation tools and techniques of the Artist' Artworks, to include, but not limited to:
- A. Package the Artist' Artworks within the appropriate jewelry box provided by the Artist.
- B. Provide to each retail purchaser of the Artist' Artworks either the Certificate of Authenticity or the Jewels of the Reef "Thank You" creation card that were supplied by the Artist for the specific Artwork.
- C. Provide at least one of the Artist' business cards to each retail purchaser of the Artist' Artworks.
- D. Display the Artist's Statement and Bio prominently in a location easily visible to the location of the Artworks.
- E. Provide written notice to the Artist when more business cards are needed.
- F. Provide written notice to the Artist of the date an Artwork is sold, within 3 business days of the sale date, so that the Artist will know to remove the Artwork from http://JewelsoftheReef.com and perform appropriate record keeping.
6. Non-Exclusive Representation: No exclusive representation is implied or conveyed by this agreement. The Artist understands that it is important to the success of both the Artist and the Wholesale Purchaser/Reseller to not over-populate the local market of the Wholesale Purchaser/Reseller's Storefront with the Artworks of the Artist, and therefore the Artist shall use appropriate discretion in determining the proximity of other Resellers of the Artist' Artworks.
7. Warranty: The Artist hereby warrants that he possesses unencumbered title to the Artworks, and that their descriptions are true and accurate to the best of his knowledge. Warrantees on workmanship and materials shall be as set forth on the Totally Thrilled Guarantee page.
8. Returns: Returns for wholesale purchases shall be as set forth on the Returns and Exchanges page, except that the 60 day period for retail sales shall instead be 10 days for wholesale purchases.
9. Payment and Shipping: Shall be as set forth on the Wholesale Payment and Shipping Page.
10. Pricing: Wholesale pricing of the Artworks are kept extremely low in order to promote successful relationships with Wholesale Purchaser/Resellers. In addition to this, for individual wholesale purchases over $1,000, the Artist will extend an additional 10% off the order total by way of a specially issued discount code for the checkout process. If the Wholesale Purchaser/Reseller wishes to take advantage of this offer, notify the Artist in advance of the purchase and a code will be issued.
11. Markup: The Wholesale Purchaser/Reseller shall notify the Artist in writing in advance of any modifications in the regular, daily markup of the Artist' Artworks which deviate from the amount indicated on the Wholesale Buyers Registration and Application form.
12. Copyright and Reproduction: The Artist reserves all copyright and reproduction rights, including the right to claim statutory copyright, in the Work. The Work may not be reproduced in any manner without the express, written consent of the Artist.
13. Duration of Agreement and Termination: This agreement will remain in force for the entire duration of time that the Wholesale Purchaser/Reseller has any of the Artist' Artwork(s) in stock. Notwithstanding any other provision of this Agreement, this Agreement may be terminated at any time by either the Wholesale Purchaser/Reseller or the Artist, by giving a seven (7) day written notification of termination from either party to the other. This Agreement will automatically terminate at any time the Wholesale Purchaser/Reseller does not have Artworks of the Artist's in stock. Upon termination of this agreement for any reason by either party, both parties shall remove all promotion and indication of current association with each other from all promotional materials and websites.
14. Procedures for Modification: Amendments to this Agreement must be made in writing and must be agreed to by both Artist and Wholesale Purchaser/Reseller.
15. Miscellany: This Agreement constitutes the entire agreement between the Artist and The Wholesale Purchaser/Reseller.
16. Choice of Law: This Agreement shall be governed by the law of the State of Hawaii.
By clicking on the "I Agree" check box, the Wholesale Purchaser/Reseller agrees to be bound by the terms and conditions of this agreement.