Terms and Conditions: Affiliation Program for Content Creators

Terms and Conditions: Affiliation Program for Content Creators

These terms and conditions (the “Terms”) govern your participation in the affiliation program (the “Affiliation Program”) offered by Artlist Ltd. (the “Company”) to you, in your capacity as a content creator (“you” or the “Content Creator”). The Company and you shall also be known, each as a “Party” and collectively as the “Parties”.

If the Content Creator is an agency or a company, or otherwise engages or represents any employees,  contractors, subcontractors, or other individuals in connection with the performance of this Agreement, all acts, omissions, services, and deliverables performed by such persons shall be deemed the acts and omissions of the Content Creator. The Content Creator and such persons shall be jointly and severally liable for all obligations, liabilities, and responsibilities arising under this Agreement.

By accessing, applying to, or participating in the Affiliation Program, you acknowledge that (i) you have read, understood, and agree to be bound by these Terms; and (ii) you possess the full legal right, capacity, power, and authority to enter into and be bound by these Terms. If you do not agree to all of the Terms, you may not participate in the Affiliation Program.

These Terms are intended to define and regulate the relationship between the Company and you, the Content Creator. Together with any applicable work orders or future agreements executed between the Parties, these Terms shall collectively constitute the binding agreement (the “Agreement”) between you and the Company.

Purpose of the Agreement: The Content Creator shall create and post content (the “Content”) promoting Artlist and/or Motion Array and/or any other website or platform by the Company’s group of companies (the “Sites”), and refer to the Sites’ potential customers who may acquire subscription(s).

Now, therefore, the Parties agree as follows:

1. The Services

1.1. At the Company’s discretion, the Company may issue the Content Creator designated affiliation links to the Sites, which will be unique to the Content Creator only (the “Links”), and will enable the Company to identify customers who reached and subscribed to its services through the Links. The Content Creator shall place the Links in the most prominent position of the Content’s description (e.g., top of the video description, or above the fold) in all Content. On platforms where a description is not available, the Links shall appear in an equally prominent and eye-catching location.

1.2. Participation in the Affiliation Program is conditioned upon the Content Creator’s active and satisfactory promotion of the Company and its services, as determined solely by the Company. The Content Creator agrees to make reasonable efforts to incorporate and maintain the Links within their Content in a manner that reflects positively on the Company and aligns with its brand values and marketing goals.

 

2. Content Creator’s obligations and representations

2.1. The Content Creator hereby represents and warrants that (i) he/she is authorized to sign and enter this Agreement; (ii); performance of these Terms by them will not violate or conflict with any other agreement to which the they are a party or by which they are bound or with any law, rule or regulation applicable to them (including those relating to advertising, such as the rules of the U.S. Federal Trade Commission); and (iii) any and all information he/she provided to the Company or to the relevant payment transfer entity, is true, accurate, and complete.

2.2. The Content Creator represents and warrants that he/she is not subject to any sanctions, export control, and anti-boycott laws and regulations of the U.S. (including OFAC and BIS), Israel. EU, UK, and any other relevant jurisdiction; and is not located in, or incorporated in, or ordinarily resident in any comprehensively sanctioned jurisdiction, including Cuba, Iran, North Korea, Syria, Lebanon, or the Crimea, Donetsk, or Luhansk regions of Ukraine.

2.3. With respect to the Content, the Content Creator shall not place, display, or promote, in the content’s description or in any other manner, services and/or links to services that are similar to or compete with the services provided by the Company. The Content Creator shall only use the Company’s brand names and trademarks to the extent necessary for the performance of this Agreement. The Content Creator should display the Company in a positive light and should not act in any way defamatory to it. or its affiliates and employees. The Company will have the right to request the removal of the Content and Links at its sole discretion, and the Content Creator shall promptly comply with such request.

2.4. The Content Creator undertakes not to engage in any form of Ad Hijacking, including but not limited to impersonating the Company or misrepresenting its identity in any advertisements. This includes refraining from using ads that are identical or substantially similar to the Company’s ads, whether in visual elements, headlines, descriptions, display URLs, or overall presentation, and avoiding any action that could mislead users into believing that the Content Creator’s advertisement is affiliated with or originates from the Company.

Without limiting the generality of the above, the Content Creator explicitly agrees: (i) Not to bid on the Company’s brand names, trademarks, or any misspellings thereof, including but not limited to “Artlist,” “Artgrid,” “Motion Array,” or any confusingly similar variations or combinations; (ii) Not to use the Company’s brand names or trademarks in any part of the ad copy or display URLs; (iii) Content Creator must add the Company’s brand names to his/her negative keyword list (phrase match) to ensure ads will not appear in search results when users search specifically for the Company’s branded terms; (iv) Follow any additional requirement specified in these instructions

2.5. Content Creator shall not use the Links in spam email or any other form of Internet abuse. Content Creator may not use the Links for self-referrals, or employ bots, scripts, or any other artificial means to inflate clicks, subscriptions, referrals, or commissions, nor engage in any other fraudulent activity.

2.6. No part of a Content shall or will defame any person or entity and/or infringe upon, misappropriate and/or violate the rights of any person or entity, including, without limitation, any intellectual property rights of privacy and/or right of publicity of any third party, whether if published and distributed by the Content Provider or by the Company.

2.7. Content Creator hereby declares he/she has read and accepted Artlist and Motion Array’s Terms of Use, Privacy Policy and License (as provided on the Sites and may be modified from time to time): (i) https://al2.gfxtoolz.com/help-center/privacy-terms/artlist-license/; (ii) https://al2.gfxtoolz.com/help-center/privacy-terms/terms-of-use/; (iii)   https://al2.gfxtoolz.com/help-center/privacy-terms/privacy-policy/; https://motionarray.com/license/; (iv) https://motionarray.com/terms-of-service/; (v) https://motionarray.com/privacy-policy/  (the “Company’s Terms”).

Content Creator undertakes not to produce/publish/distribute/use/encourage the use of any content, including, but not limited to, ads, which infringes upon the Company’s Terms of Use and License.

2.8. Violation of the obligation above may result in the immediate suspension or termination of the Content Creator’s account, and the withholding or forfeiture of any payments due to the Content Creator, without prejudice to any other rights or remedies available to the Company under applicable law.

2.9. At all times during the Content Creators engagement and thereafter, the Content Creator will hold in confidence and will not disclose any of the Company’s confidential information disclosed by the Company, any information related to the Company and/or its activity that might come to his/her knowledge consequent upon the engagement herein, and the terms of any future engagement, except as such use is required in connection with its engagement for the Company, or unless the Company expressly authorizes in writing such disclosure or publication.

2.10. The Content Creator shall indemnify, defend, and hold harmless the Company, its affiliates, directors, officers, employees, agents, licensees, successors, and assigns (the “Company Indemnitees”) from any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) any breach or alleged breach of this Agreement or of any representations or warranties made by the Content Creator; (ii) the Content Creator’s gross negligence, willful misconduct, or recklessness; or (iii) any personal injury, death, reputational or property damage occurring during the performance of this Agreement. The Content Creator shall bear full responsibility for the defense and any settlement, provided that the Company is kept informed and consulted throughout, and no settlement involving criminal liability or any admission of fault by a Company Indemnitee may be made without the Company’s prior written consent. The Content Creator further waives any claims against the Company or its representatives for any loss or damage caused by the Content Creator or anyone acting on their behalf in connection with this Agreement.

3. Consideration

3.1. For Content Creators applying through the IMPACT.com platform, payments shall be made in accordance with the terms and practices of IMPACT.com, and these sections ‎3.2 and 3.4 shall not apply. The Content Creator further represents and warrants that they will comply with all terms, conditions, and rules established by IMPACT.com.

3.2. Subject to the Content Creator’s full compliance with all obligations under this Agreement, the Company shall compensate the Content Creator as follows:

When applicable, commission fees for each referral who subscribes to the Company’s services through the designated Links, in accordance with the following table, which may be amended from time to time at the Company’s sole discretion (the “Commissions”):

Artlist yearly subscription

Artlist monthly subscription

Motion Array subscription

$80

$30

$20

3.3. Commissions will only be paid on sales that are made when the customer clicks through the Links and completes full payment for buying the said annual subscription. Any other kind of referrals (such as word of mouth referrals, etc.) will not result in any Commissions being generated. Content Creator will not be entitled to payment of Commissions with respect to subscription renewal or in the case that a subscription was canceled and the subscriber received a refund, or any case of a chargeback. The number of referrals that clicked through the Links and bought an annual or monthly subscription as aforesaid will be determined by Artlist’s systems. Additionally, Commissions shall be paid on a quarterly basis, unless the Company, at its sole discretion, elects to issue payments more frequently.

3.4. Commissions and, when applicable, any other payment due to the Content Creator (the “Payments”) will be made via PayPal or Payoneer, subject to the submission of a valid invoice and any other detail or document required for the lawful processing of the Payments. The Company, at its sole discretion, may change the means of payment at any time.

 3.5. As between Artlist and the Content Creator, the Content Creator will bear all liability imposed on it by any law for the payment of all applicable taxes due to performance of the Agreement herein and/or provision of the services to the Company. All payments and commissions under this Agreement are inclusive of any applicable taxes, and the Company shall not be responsible for withholding, collecting, or remitting any taxes on behalf of the Content Creator. The Content Creator will remain solely liable for the payment of all such taxes, including but not limited to income tax, self-employment tax, and social security contributions. The Company reserves the right to deduct tax at source if and to the extent it is legally obligated to do so, at the required rate.

4. General

4.1. Participation in the Affiliation Program is at the sole discretion of the Company and may be granted, denied, or revoked at any time. The Company may terminate this Agreement at any time, with or without cause. Upon termination, the Links provided to the Content Creator shall immediately be deemed invalid. Termination of this Agreement shall not give rise to any further obligations or liabilities between the Parties, except for rights or obligations accrued prior to the effective date of termination. 

4.2. The Content Creator hereby declares that he/she is an independent contractor, and that nothing in this agreement will create any partnership, joint venture, agency, franchise, or employment relationship between the Parties. Content Creator has no authority to make or accept any offers or representations on the Company's behalf. Content Creator shall bear all liability (imposed by any law) for the payment of all taxes applicable to Content Creator consequent upon the performance of this Agreement. 

4.3. Content Creator represents and declares he/she has all requisite power and authority to execute, deliver, and perform this Agreement. This Agreement constitutes a valid and legally binding obligation thereof, legally enforceable against him/her in accordance with its terms. If the Content Creator is a minor (under the age of 18), he/she must notify the Company. In such cases, the Company will require the consent and signature of a parent or legal guardian, and the Content Creator will need to take any other action necessary to ensure the Content Creator’s lawful participation under this Agreement.

4.4. The Company shall have the right at any time to assign, delegate, or otherwise transfer this Agreement, in whole or in part, or any or all of the Company’s rights, duties, or obligations hereunder to any third party without the need to notify the Content Provider.

4.5. This Agreement shall be governed by the laws of the State of Israel, without giving effect to the rules respecting conflicts of law. Any dispute arising under or relating to this Agreement, directly or indirectly, shall be resolved solely by the courts of Tel Aviv, Israel, and each of the Parties hereby submits irrevocably to the jurisdiction of such venue.

4.6. Notices according to the Agreement will be given in writing and sent by email according to the email address the Content Creator specified in the registration form. Any delivery of a notice by email as stated above will be considered a lawful delivery.

 

Last update: 1 January 2026