Terms and Conditions
1. INTRODUCTION
The General Terms and Conditions, the registration data of the ArtistLevel Member (henceforth "ArtistLevel Member") and the Conditions of the Self-Financing System, constitute the whole of the Contract (henceforth "Agreement") undertaken by an ArtistLevel Member and ARTISTLEVEL NETWORKS LDA. (PORTUGAL) (henceforth "ARTISTLEVEL").
Only ARTISTLEVEL has the right to alter any of these documents. The present Terms and Conditions, as well as any changes, additions, revocations or corrections, will be placed on the ARTISTLEVEL website, and will come into effect as of the date of their inclusion.
It is the responsibility of each ArtistLevel Member to regularly review the updated version of these Terms and Conditions and to operate according to them.
2. DEFINITIONS
2.1. ArtistLevel Member
Individual, collective or corporate entity which has been accepted as a member of the network by ARTISTLEVEL.
2.2. Active ArtistLevel Member
An Active ArtistLevel Member fulfils the requisites to maintain his galleries online and make use of all the ArtistLevel services as well as the Self-Financing System.
These conditions assume the minimal monthly acquisition of a packet of ten Slots for renewal of the Online gallery.
2.3. Agreement
The compilation of documents that include these General Terms and conditions, including the Self-Financing System Conditions and the registration data of the ArtistLevel Member.
2.4. Slot
A slot is understood to be a unit of online exhibition which is active and visible to all visitors to the site.
2.5. Auto-Publish
An automated order for monthly renewal of ArtistLevel Member’s online gallery.
2.6. Road Map
A ARTISTLEVEL may come to offer an introductory kit to ArtistLevel Members on any country. ARTISTLEVEL will determine the price of the Road Maps.
2.7. Initial registration
This is the subscription for the status of ArtistLevel Member, which implies a sum for the activation of all the services rendered by ARTISTLEVEL.
2.8. Sponsor
An ArtistLevel Member who personally enrols an individual or an entity to become an member of ARTISTLEVEL.
2.9. Group
All ArtistLevel Members under a given Member.
2.10. Placement
When an ArtistLevel Member places a new ArtistLevel Member in his Group. This placement is effective on conclusion of the sponsorship and on filling in the ArtistLevel Member registration information. No new member will be accepted into ARTISTLEVEL without this information.
2.11. Upline
All ArtistLevel Members above any given ArtistLevel Member.
2.12. Downline
All ArtistLevel Members under any given ArtistLevel Member.
2.13. Self-Sustainability System
Intermediation services for and on behalf of ARTISTLEVEL, provided by electronics means
.2.14. Commissionable Volume
Volume used on the Self-Sustainability System. The value paid by the
ArtistLevel Member and the Commissionable Volume may not always match.
2.15. Group Volume
The amount of commissionable volume produced by an ArtistLevel Member’s Group in a given period.
2.16. Maximum Payment
ARTISTLEVEL will pay a maximum of forty percent (40%) of the Commissionable Volume, according to the Self-Funding System.
3. BECOMING A MEMBER
3.1. Becoming an ArtistLevel Member
A person may become an ArtistLevel Member by correctly filling in the ArtistLevel Member Agreement and sending it in. ARTISTLEVEL reserves the right to reject or accept the ArtistLevel Member Agreement.
3.2. Age
Any person must be at least eighteen (18) years of age to become an ArtistLevel Member.
3.3. Joining and Maintenance Fees
In order to become and maintain an Active ArtistLevel Member, it is necessary to monthly hire the rental of, at least, 10 online exposition slots.
3.4. Acceptance of the Terms and Conditions
On completing the registration process, the ArtistLevel Member must confirm that he has read, understood and agrees with the terms of the Agreement.
4. ARTISTLEVEL MEMBER AGREEMENT AND RESTRICTIONS
4.1. Acceptance of the Agreement
An ArtistLevel Member Agreement must be submitted electronically, these conditions notwithstanding, upon acceptance of the conditions, during the registration process www.artistlevel.org. ARTISTLEVEL may authorise agreements submitted via fax, e-mail or other channels. Any ArtistLevel Member Agreement that is in any way incomplete, incorrect or filled in the wrong country may be deemed not valid.
4.2. Proof of Residence
Upon ARTISTLEVEL’s request, the ArtistLevel Member must provide proof of residence, age and legal qualification to be able to use the Self-Sustainability System in his legal fiscal country of residence.
4.3. ArtistLevel Identification Number
An ArtistLevel Member Identification Number will be emitted following the acceptance of the ArtistLevel Member Agreement for individuals or collective entities. Social Security and Fiscal Identification numbers or any other governmental identification numbers (depending on the country of residence) must be provided to ArtistLevel for fiscal purposes.
4.4. Transmission of Rights
An ArtistLevel Member may not transmit, sign over or by any means concede any rights bestowed by the ArtistLevel Member Agreement to any third party without the express and prior consent of ARTISTLEVEL.
4.5. Joining without Prior Knowledge or Consent
ArtistLevel Members are forbidden to fabricate information or sponsor any individual without his prior knowledge and consent.
4.6. Rejection of Agreement
Without detriment to the rights bestowed on ARTISTLEVEL by the law or by this present Agreement, the latter may reject an ArtistLevel Member Agreement or declare it subsequently not valid if the ArtistLevel Member:
4.6.1. Does not provide documentation requested or required by ARTISTLEVEL;
4.6.2. Provides ARTISTLEVEL false or incorrect information or does not correct said information;
4.6.3. Or, violates any norm in this Section.
5. SPONSORSHIP
5.1. Veracity of Information
ArtistLevel Members are required to present the ARTISTLEVEL program in its entirety, without omissions, distortions or misrepresentations. Any additional offers, descriptions or deals made by an ArtistLevel Member in connection with the ARTISTLEVEL program are forbidden and may result in the dissolution of the member’s registration.
5.2. Disputed Sponsorship Rights
Occasionally, one or more individuals may contact the same person, resulting in a dispute over the sponsorship rights. Any new ArtistLevel Member has the right to choose his sponsor. ARTISTLEVEL will not mediate in such circumstances.
5.3. Defamation of ARTISTLEVEL
If an ArtistLevel Member falsely suggests that ARTISTLEVEL has not honoured these Procedures, the latter may at its discretion, exclude the ArtistLevel Member that made the false suggestion and enter into legal proceedings.
5.4. Placement of a New ArtistLevel Member
The Sponsor of a new ArtistLevel Member is responsible for placing him in his organization. Once placed by the respective sponsor the ArtistLevel Member cannot be moved to any other place within the Organisation, unless authorised by ARTISTLEVEL.
5.5. Placement Corrections
If and ArtistLevel Member makes a mistake in the placement, he must fill in and send the "Placement Correction" made available by ARTISTLEVEL to ARTISTLEVEL. This form must be sent to ARTISTLEVEL within seven (7) days starting on the date of the placement of the new ArtistLevel Member. ARTISTLEVEL reserves the right to accept or reject the request. ARTISTLEVEL also has the right to be compensated by any ArtistLevel Member for any commissions or bonuses arising from the correction, and for time lost in correcting the mistake.
5.6. Alterations to Information of Guest Members
The sponsor is forbidden to alter information in the accounts those he sponsors.
5.7. Changes of Sponsor are not permitted.
Once ARTISTLEVEL has received and accepted the ArtistLevel Member Agreement, the sponsor of the new ArtistLevel Member may not be altered without the sponsor’s consent. If the ArtistLevel Member sponsored becomes inactive, that sponsorship is not passed on nor does it move Upline. In other words, if A sponsors B, and B sponsors C, and then B becomes inactive, C’s sponsorship does not go to A. similarly, C does not move up to B’s place if B becomes inactive.
6. ACQUISITION OF SERVICES
6.1. Online Orders
Except when specifying the contrary, ARTISTLEVEL demands that all ArtistLevel Member Applications, acquisitions forms, and other forms be submitted online. In the countries where access to the Internet is not available, ARTISTLEVEL may permit ArtistLevel Members to send these in by mail or fax directly to ARTISTLEVEL.
6.2. Acquisition of Optional Material
All acquisitions of product catalogues, sales help, literature and materials are strictly optional and will be available online.
6.3. Business Market
The ArtistLevel Member agrees not to operate in any unauthorised market and agrees not to actively promote in a country which is not officially open.
7. SELF-SUSTAINABILITY SYSTEM
7.1. Objective
The objective is to have a self-sustainable community, by doing so to each artist it is given the right to Sponsor others and so, have the advantage of the following Commissions.
Taking part of the Self-Sustainability System is optional.
7.2. Direct Commission
Given the commissionable volume of each Active ArtistLevel Member directly sponsored to its network, the Sponsor receives 20%. There are no limits to direct invitations.
Given the commissionable volume of each second level Active ArtistLevel Member, the Sponsor receives 10%. There is no limit to the second level number of Active ArtistLevel Members.
7.1. Community Commission (Smaller Side)
On each Active ArtistLevel Member there are two sides, a Larger Side and a Smaller Side, that may become equal, regarding the number of Active ArtistLevel Members they contain.
The Sponsor receives 10%, of the total Commissionable Volume accumulated on the Smaller Side.
8. PAYMENT PERIOD
8.1. Payment of Commissions
Commissions will be transferred once per month. Transfers are only made for amounts above 10€ (ten euros).
8.2. Errors in Commissions
If an ArtistLevel Member detects any errors regarding commissions, bonuses, business information or collections, he must notify ARTISTLEVEL in writing, within thirty (30) of the date of the supposed error or incident in question. ARTISTLEVEL will not be held responsible for any errors, omissions or problems that are not reported within the deadline mentioned above of thirty (30) days.
9. TAXES
9.1. On-line space rental / hosting service
On all the invoices issued by ARTISTLEVEL VAT is charged at the current rate.
9.2. Self-Sustainable System
9.2.1. Tax situation
All members will need to select one of the following tax situation:
a) Renounces the Selfr-Sustainable System
b) Residing in Portugal: Category B, without VAT (art.º53) and with Tax Retention
c) Residing in Portugal: Category B, with VAT (art.º53) and with Tax Retention
d) Residing in Portugal: IRC Passive Subjects
e) Residing in the U.E.: Privates
f) Residing in the U.E.: Entities
g) Residing outside the U.E.
9.2.2. Self-Invoicing
Self-Invoices will be issued by ARTISTLEVEL, in terms to the current legislation, to all members that identify themselves according to points b), c) and e) of point 9.2.1.
For the remaining situations ARTISTLEVEL must receive invoices, according to the amounts corresponding to the commissions the ArtistLevel Member is entitled.
All the base amounts are available on the portals private area.
9.2.3. Acceptance and knowledge agreement
By accepting the current Terms and Conditions, ArtistLevel Member, declares the full agreement, to the current clause.
Also, declares the acceptance of all taxes charges applied under the Portuguese legislation.
10. DISSOLUTION
10.1. Non-compliance
10.1. Non-compliance
The rights conveyed to the ArtistLevel Member as set out in the Agreement, are in effect in the case of the continued compliance with the terms of the latter by the former. In the event of non-compliance with the obligations set out in this Agreement, ARTISTLEVEL reserves the right to dissolve the agreement without detriment to the other rights afforded to ARTISTLEVEL by law or by the present Agreement.
10.2. Dissolution of the Agreement
If ARTISTLEVEL intends to dissolve the Agreement with the ArtistLevel Member, it will send the ArtistLevel Member written notification which gives the latter twenty (20) working days from the date of sending of the missive in which the ArtistLevel Member must provide all the information related to the incident for ARTISTLEVEL’s appreciation. ARTISTLEVEL reserves the right to prohibit activities related to the ARTISTLEVEL activity by the ArtistLevel Member in question as of the date of sending of the missive until such time as the final decision of ARTISTLEVEL is made known.
10.3. Dissolution by the ArtistLevel Member
The ArtistLevel Member has the right to cancel his registration at any moment, without need for justification. The cancellation will come into effect as of the month immediately after the former ceases payment.
11. CONFIDENTIAL INFORMATION AND THE ARTISTLEVEL MEMBER LIST
11.1. Lists of ArtistLevel Members
All ArtistLevel Members, lists of Organisations, names, addresses, e-mail addresses, and telephone numbers in the ARTISTLEVEL database (henceforth "Lists") are the confidential property of ARTISTLEVEL.
11.2. Use of the Lists
These lists are made available for the exclusive and limited use of the ArtistLevel Member with a view to facilitating training, support and consultation of the ArtistLevel Member Organisation undertaking to develop activities related to ARTISTLEVEL. Each ArtistLevel Member agrees to make each consultation, within the predefined limits, part of a singular non-transferable licensing agreement between the ArtistLevel Member and ARTISTLEVEL.
11.3. Confidentiality of the Lists
Every ArtistLevel Member agrees to maintain the confidentiality of the Lists and use them exclusively for the purposes set out in this Section.
11.4. Ownership of the Lists
These Lists are under any and all circumstance the exclusive property of ARTISTLEVEL, and ArtistLevel Member agrees to:
11.4.1. Maintain the confidentiality and not disclose any Lists or parts of these to third parties or entities, including to other ArtistLevel Members;
11.4.2. Limit the use of these Lists within the sole objective of developing the activity related to ARTISTLEVEL;
11.4.3. That any use or disclosure of these Lists beyond what has been set our here, or for the benefit of third parties or other entities, constitutes an abuse, illicit appropriation, and a violation of the licensing agreement of the ArtistLevel Member, which can cause irreparable damage to ARTISTLEVEL; and,
11.4.4. That the obligations set out in this Section are to be maintained after the dissolution of the ArtistLevel Member Agreement and any other agreement between ARTISTLEVEL and any ArtistLevel Member. ARTISTLEVEL reserves the right to resort to all the appropriate legal measures to protect the information mentioned above about ownership and secrecy of the business included in the Lists. Any failing with a view to the application of the adequate measures mentioned above will not constitute a renunciation of these rights.
11.5. Violation of the Foregoing Dispositions
Any ArtistLevel Member who promotes an illicit disclosure of the Lists, aids another to obtain these illicitly, or in any way violates the dispositions of this Section, agrees to pay the legal costs and Lawyer’s fees (including recourse costs) if ARTISTLEVEL puts forward legal action;
12. PUBLICITY AND PROMOTION
12.1. Standards and Direction
ARTISTLEVEL encourages and looks on publicity and promotion as a viable method for the ArtistLevel Member to build up his business. Nonetheless, strict patterns and guidelines are needed to maintain an ethical marketing effort. Thus, these patterns and directions are a part of the Agreement between ARTISTLEVEL and its ArtistLevel Members. Every ArtistLevel Member is an external independent worker and never an employee of ArtistLevel.
12.2. Use of the ARTISTLEVEL Names, Brands and Logos
The Names, Brands and Logos of ARTISTLEVEL, ARTISTLEVEL NETWORKS, LDA., names of employees, corporate names or names similar to these names, brands or logos are the property of ARTISTLEVEL NETWORKS, LDA. and may not be used in any form, including reproductions of literature or in any advertisement.
The exclusive use of the names ARTISTLEVEL and ARTISTLEVEL NETWORKS, LDA. or logos is absolutely forbidden.
12.3. Publicity Approval.
Any use of the name, brand or logo of ARTISTLEVEL or its products must be submitted in writing for the approval of ARTISTLEVEL.
12.4. General Promotions.
ArtistLevel Members may promote their business in any way that is legal and ethical so long as they do not use any names or logos of ARTISTLEVEL.
13. ETHICS
13.1. Activity and Conduct Deemed Unethical
Although this is by not means an exhaustive list, ARTISTLEVEL hereby provides the following examples of activities and conduct deemed unethical:
13.1.1. Making false statements of income or intentionally falsifying the Self-Sustainability System;
13.1.2. Not submitting for ARTISTLEVEL’s appreciation and approval any publicity or sales materials related to the ARTISTLEVEL name before publication;
13.1.3. Use or inappropriate use of the ARTISTLEVEL name, image or logo in printed form or electronic advertising without the express prior written consent of the latter;
13.1.4. Use or inappropriate use of the ARTISTLEVEL logo or brand in any advertising initiatives for sponsorship or recruitment or for any financing activities without the express prior written consent of the latter;
13.1.5. Inappropriate use of the corporate name ARTISTLEVEL;
13.1.6. Any unauthorised duplication of ARTISTLEVEL literature;
13.1.7. Any violation of the Terms and conditions of ARTISTLEVEL;
13.1.8. Intentionally bypassing the Agreement in order to indirectly undertake, carry out or attain that which is directly forbidden;
13.1.9. Under no circumstances is the name ArtistLevel to appear in any URL except those held by the corporation;
13.1.10. and, Spam:
13.1.10.1. The act of spamming is absolutely forbidden. The following, although not exclusively, is considered spamming:
13.1.10.2. Websites that try to reach a greater listing by submitting hundreds of almost identical pages into which are inserted hundreds of key-words in a Web document;
13.1.10.3. Inappropriate attempts at using a mailing list;
13.1.10.4. Sending, via e-mail, mass quantities of promotions or publicity that people have not requested;
13.1.10.5. Non-ethical techniques such as cloaking, mirror sites, and doorway pages so as to deceive the search engine into attributing the webpage a higher priority ranking.
14. LEGAL RELATIONSIP BETWEEN ARTISTLEVEL AND THE ARTISTLEVEL MEMBER
14.1. Status of Commission-agent
The ArtistLevel Member is a "commission-agent" and that is the nature of his relationship with ARTISTLEVEL. The ArtistLevel Member recognises and agrees that ARTISTLEVEL will retain all taxes on income on commissions, bonuses or promotions paid by ARTISTLEVEL.
14.2. Legitimacy
The ArtistLevel Member has no authority or legitimacy to bind ARTISTLEVEL to any obligations.
14.3. Concession of Names or Brands
The ArtistLevel Member has no authority or legitimate right to carry our any actions leading to the registration or reservation of names, brands or business names of ARTISTLEVEL; to guarantee approval of business products or practices or to establish governmental or business contacts of any type in the name of ARTISTLEVEL. The ArtistLevel Member agrees to immediately concede to ARTISTLEVEL any names , brands, service brands or business names of ARTISTLEVEL registered or reserved which are in violation of the present Section.
14.4. Fiscal Tax Identification
Every ArtistLevel Member must provide ARTISTLEVEL with a fiscal identification number. A fiscal identification number emitted by a national or federal fiscal authority is demanded to all ArtistLevel Members.
14.5. Fines
Every ArtistLevel Member agrees to compensate and safeguard ARTISTLEVEL from any fines or fiscal penalties he might incur.
14.6. Continuity
The provisions in this section remain in effect until the cancellation of the Agreement.
15. GENERAL STIPULATIONS
15.1. Indemnity.
In as much as the Law allows, ARTISTLEVEL, its directors, representatives, shareholders, employees and contracted workers (collectively referred to as "affiliates") will not be legally responsible, and the ArtistLevel Member expressly exonerates ARTISTLEVEL and its affiliates from, and gives up the right to claim any loss of profits, direct, indirect, special or consequential damages, or any other losses incurred or suffered by the aforementioned ArtistLevel Member as a result of:
15.1.1. Violation by the ArtistLevel Member of the ArtistLevel Member Agreement, including, but not limited to the Terms and condition of ARTISTLEVEL;
15.1.2. The promotion or carrying out of the business of ArtistLevel Member and any activity related to the latte, including, but not limited to the following examples: the presentation of an ARTISTLEVEL product or the Self-Sustainability System of ARTISTLEVEL, the operation of a motor vehicle, the rental of workspaces for training or meetings, etc;
15.1.3. Any data or information incorrectly provided by the ArtistLevel Member to ARTISTLEVEL; and
15.1.4. The failure to provide any information or data necessary for ARTISTLEVEL to operate its business activity. The ArtistLevel Member agrees that the total legal responsibility of ARTISTLEVEL and the ArtistLevel Member, including, by not limited to any responsibility as a result of the contract, equitable compensation will not exceed, and will be limited by the amount of products that the ArtistLevel Member acquired from ARTISTLEVEL under the terms of the current or any other Agreement, and that can be resold.
15.2. Defense
Every ArtistLevel Member will defend and safeguard ARTISTLEVEL from any complaints, damages or legal responsibility arising from the business of publicity of the ArtistLevel Member’s business, or as a result of declarations that may be illegal and/or complaints not approved by ARTISTLEVEL.
15.3. Damages due to Negligence or Ill conduct
Sections 17.2 e 17.3 will not be applicable to any damages as result of gross negligence or deliberate ill conduct on behalf of the managing directors of ARTISTLEVEL.
15.4. Effect of one Norm on the Remaining Norms
The terms of the Agreement are considered binding. The invalidity or inapplicability of any one of the norms does not affect the validity or applicability of any of the other norms.
15.5. Services Solicited
ARTISTLEVEL provides its ArtistLevel Members with services, promotions and information free of charge. For requests by ArtistLevel Members which fall outside the realm of daily ARTISTLEVEL business activity, and which require extraordinary time and effort to execute, including, but not limited to search for copies and reissue of payments, ARTISTLEVEL will charge a fee of forty (40) Euros per hour, plus concrete costs, with a minimum charge of (40) Euros per project, plus concrete costs.
15.6. Privacy Policy
Information provided by an ArtistLevel Member will be used for the ends mentioned herein. No other use will be given to said information.
15.7. Arbitration
ARTISTLEVEL and the ArtistLevel Member may, upon mutual written consent, agree to solve any violation of the present Agreement by recourse to arbitration. The proceedings of the arbitration will take place in the ARTISTLEVEL headquarters.
15.8. Apologies
Any apologies made by ARTISTLEVEL regarding any violation of the present Agreement must be produced in writing and signed by an authorised representative of ARTISTLEVEL. Any apology made by ARTISTLEVEL regarding any violation of the present Agreement on behalf of an ArtistLevel Member will not operate as, and will not be interpreted as an apology for any subsequent violations.
15.9. Causes of Force Majeure
ARTISTLEVEL will not be responsible for delays or failures to fulfil its obligations when these become impractical due to circumstances that go beyond what is within its reasonable control, such as wars, strikes, riots, fires, earthquakes and other natural disasters, limitation on behalf of a partner who is a source of supply, or governmental decrees or orders.
15.10. Adjudicating Court
The Agreement and all subsequent agreements will be adjudicated and interpreted according to Portuguese Law. The application of the United Nations Convention regarding the International Sale of Goods is excluded. Any disputes or complaints regarding ARTISTLEVEL and any other disputes and complaints related to the actions of the parties in this Agreement and in subsequent agreements will be exclusively heard in a competent court in Lisbon, Portugal.
The ArtistLevel Member has read the entirety of this Agreement and understood all its provisions. If an ArtistLevel Member presents a claim or counter-claim against ARTISTLEVEL, the ArtistLevel Member will do so as an individual and not together with any other ArtistLevel Member or as part of a collective action.
The General Terms and Conditions, the registration data of the ArtistLevel Member (henceforth "ArtistLevel Member") and the Conditions of the Self-Financing System, constitute the whole of the Contract (henceforth "Agreement") undertaken by an ArtistLevel Member and ARTISTLEVEL NETWORKS LDA. (PORTUGAL) (henceforth "ARTISTLEVEL").
Only ARTISTLEVEL has the right to alter any of these documents. The present Terms and Conditions, as well as any changes, additions, revocations or corrections, will be placed on the ARTISTLEVEL website, and will come into effect as of the date of their inclusion.
It is the responsibility of each ArtistLevel Member to regularly review the updated version of these Terms and Conditions and to operate according to them.
2. DEFINITIONS
2.1. ArtistLevel Member
Individual, collective or corporate entity which has been accepted as a member of the network by ARTISTLEVEL.
2.2. Active ArtistLevel Member
An Active ArtistLevel Member fulfils the requisites to maintain his galleries online and make use of all the ArtistLevel services as well as the Self-Financing System.
These conditions assume the minimal monthly acquisition of a packet of ten Slots for renewal of the Online gallery.
2.3. Agreement
The compilation of documents that include these General Terms and conditions, including the Self-Financing System Conditions and the registration data of the ArtistLevel Member.
2.4. Slot
A slot is understood to be a unit of online exhibition which is active and visible to all visitors to the site.
2.5. Auto-Publish
An automated order for monthly renewal of ArtistLevel Member’s online gallery.
2.6. Road Map
A ARTISTLEVEL may come to offer an introductory kit to ArtistLevel Members on any country. ARTISTLEVEL will determine the price of the Road Maps.
2.7. Initial registration
This is the subscription for the status of ArtistLevel Member, which implies a sum for the activation of all the services rendered by ARTISTLEVEL.
2.8. Sponsor
An ArtistLevel Member who personally enrols an individual or an entity to become an member of ARTISTLEVEL.
2.9. Group
All ArtistLevel Members under a given Member.
2.10. Placement
When an ArtistLevel Member places a new ArtistLevel Member in his Group. This placement is effective on conclusion of the sponsorship and on filling in the ArtistLevel Member registration information. No new member will be accepted into ARTISTLEVEL without this information.
2.11. Upline
All ArtistLevel Members above any given ArtistLevel Member.
2.12. Downline
All ArtistLevel Members under any given ArtistLevel Member.
2.13. Self-Sustainability System
Intermediation services for and on behalf of ARTISTLEVEL, provided by electronics means
.2.14. Commissionable Volume
Volume used on the Self-Sustainability System. The value paid by the
ArtistLevel Member and the Commissionable Volume may not always match.
2.15. Group Volume
The amount of commissionable volume produced by an ArtistLevel Member’s Group in a given period.
2.16. Maximum Payment
ARTISTLEVEL will pay a maximum of forty percent (40%) of the Commissionable Volume, according to the Self-Funding System.
3. BECOMING A MEMBER
3.1. Becoming an ArtistLevel Member
A person may become an ArtistLevel Member by correctly filling in the ArtistLevel Member Agreement and sending it in. ARTISTLEVEL reserves the right to reject or accept the ArtistLevel Member Agreement.
3.2. Age
Any person must be at least eighteen (18) years of age to become an ArtistLevel Member.
3.3. Joining and Maintenance Fees
In order to become and maintain an Active ArtistLevel Member, it is necessary to monthly hire the rental of, at least, 10 online exposition slots.
3.4. Acceptance of the Terms and Conditions
On completing the registration process, the ArtistLevel Member must confirm that he has read, understood and agrees with the terms of the Agreement.
4. ARTISTLEVEL MEMBER AGREEMENT AND RESTRICTIONS
4.1. Acceptance of the Agreement
An ArtistLevel Member Agreement must be submitted electronically, these conditions notwithstanding, upon acceptance of the conditions, during the registration process www.artistlevel.org. ARTISTLEVEL may authorise agreements submitted via fax, e-mail or other channels. Any ArtistLevel Member Agreement that is in any way incomplete, incorrect or filled in the wrong country may be deemed not valid.
4.2. Proof of Residence
Upon ARTISTLEVEL’s request, the ArtistLevel Member must provide proof of residence, age and legal qualification to be able to use the Self-Sustainability System in his legal fiscal country of residence.
4.3. ArtistLevel Identification Number
An ArtistLevel Member Identification Number will be emitted following the acceptance of the ArtistLevel Member Agreement for individuals or collective entities. Social Security and Fiscal Identification numbers or any other governmental identification numbers (depending on the country of residence) must be provided to ArtistLevel for fiscal purposes.
4.4. Transmission of Rights
An ArtistLevel Member may not transmit, sign over or by any means concede any rights bestowed by the ArtistLevel Member Agreement to any third party without the express and prior consent of ARTISTLEVEL.
4.5. Joining without Prior Knowledge or Consent
ArtistLevel Members are forbidden to fabricate information or sponsor any individual without his prior knowledge and consent.
4.6. Rejection of Agreement
Without detriment to the rights bestowed on ARTISTLEVEL by the law or by this present Agreement, the latter may reject an ArtistLevel Member Agreement or declare it subsequently not valid if the ArtistLevel Member:
4.6.1. Does not provide documentation requested or required by ARTISTLEVEL;
4.6.2. Provides ARTISTLEVEL false or incorrect information or does not correct said information;
4.6.3. Or, violates any norm in this Section.
5. SPONSORSHIP
5.1. Veracity of Information
ArtistLevel Members are required to present the ARTISTLEVEL program in its entirety, without omissions, distortions or misrepresentations. Any additional offers, descriptions or deals made by an ArtistLevel Member in connection with the ARTISTLEVEL program are forbidden and may result in the dissolution of the member’s registration.
5.2. Disputed Sponsorship Rights
Occasionally, one or more individuals may contact the same person, resulting in a dispute over the sponsorship rights. Any new ArtistLevel Member has the right to choose his sponsor. ARTISTLEVEL will not mediate in such circumstances.
5.3. Defamation of ARTISTLEVEL
If an ArtistLevel Member falsely suggests that ARTISTLEVEL has not honoured these Procedures, the latter may at its discretion, exclude the ArtistLevel Member that made the false suggestion and enter into legal proceedings.
5.4. Placement of a New ArtistLevel Member
The Sponsor of a new ArtistLevel Member is responsible for placing him in his organization. Once placed by the respective sponsor the ArtistLevel Member cannot be moved to any other place within the Organisation, unless authorised by ARTISTLEVEL.
5.5. Placement Corrections
If and ArtistLevel Member makes a mistake in the placement, he must fill in and send the "Placement Correction" made available by ARTISTLEVEL to ARTISTLEVEL. This form must be sent to ARTISTLEVEL within seven (7) days starting on the date of the placement of the new ArtistLevel Member. ARTISTLEVEL reserves the right to accept or reject the request. ARTISTLEVEL also has the right to be compensated by any ArtistLevel Member for any commissions or bonuses arising from the correction, and for time lost in correcting the mistake.
5.6. Alterations to Information of Guest Members
The sponsor is forbidden to alter information in the accounts those he sponsors.
5.7. Changes of Sponsor are not permitted.
Once ARTISTLEVEL has received and accepted the ArtistLevel Member Agreement, the sponsor of the new ArtistLevel Member may not be altered without the sponsor’s consent. If the ArtistLevel Member sponsored becomes inactive, that sponsorship is not passed on nor does it move Upline. In other words, if A sponsors B, and B sponsors C, and then B becomes inactive, C’s sponsorship does not go to A. similarly, C does not move up to B’s place if B becomes inactive.
6. ACQUISITION OF SERVICES
6.1. Online Orders
Except when specifying the contrary, ARTISTLEVEL demands that all ArtistLevel Member Applications, acquisitions forms, and other forms be submitted online. In the countries where access to the Internet is not available, ARTISTLEVEL may permit ArtistLevel Members to send these in by mail or fax directly to ARTISTLEVEL.
6.2. Acquisition of Optional Material
All acquisitions of product catalogues, sales help, literature and materials are strictly optional and will be available online.
6.3. Business Market
The ArtistLevel Member agrees not to operate in any unauthorised market and agrees not to actively promote in a country which is not officially open.
7. SELF-SUSTAINABILITY SYSTEM
7.1. Objective
The objective is to have a self-sustainable community, by doing so to each artist it is given the right to Sponsor others and so, have the advantage of the following Commissions.
Taking part of the Self-Sustainability System is optional.
7.2. Direct Commission
Given the commissionable volume of each Active ArtistLevel Member directly sponsored to its network, the Sponsor receives 20%. There are no limits to direct invitations.
Given the commissionable volume of each second level Active ArtistLevel Member, the Sponsor receives 10%. There is no limit to the second level number of Active ArtistLevel Members.
7.1. Community Commission (Smaller Side)
On each Active ArtistLevel Member there are two sides, a Larger Side and a Smaller Side, that may become equal, regarding the number of Active ArtistLevel Members they contain.
The Sponsor receives 10%, of the total Commissionable Volume accumulated on the Smaller Side.
8. PAYMENT PERIOD
8.1. Payment of Commissions
Commissions will be transferred once per month. Transfers are only made for amounts above 10€ (ten euros).
8.2. Errors in Commissions
If an ArtistLevel Member detects any errors regarding commissions, bonuses, business information or collections, he must notify ARTISTLEVEL in writing, within thirty (30) of the date of the supposed error or incident in question. ARTISTLEVEL will not be held responsible for any errors, omissions or problems that are not reported within the deadline mentioned above of thirty (30) days.
9. TAXES
9.1. On-line space rental / hosting service
On all the invoices issued by ARTISTLEVEL VAT is charged at the current rate.
9.2. Self-Sustainable System
9.2.1. Tax situation
All members will need to select one of the following tax situation:
a) Renounces the Selfr-Sustainable System
b) Residing in Portugal: Category B, without VAT (art.º53) and with Tax Retention
c) Residing in Portugal: Category B, with VAT (art.º53) and with Tax Retention
d) Residing in Portugal: IRC Passive Subjects
e) Residing in the U.E.: Privates
f) Residing in the U.E.: Entities
g) Residing outside the U.E.
9.2.2. Self-Invoicing
Self-Invoices will be issued by ARTISTLEVEL, in terms to the current legislation, to all members that identify themselves according to points b), c) and e) of point 9.2.1.
For the remaining situations ARTISTLEVEL must receive invoices, according to the amounts corresponding to the commissions the ArtistLevel Member is entitled.
All the base amounts are available on the portals private area.
9.2.3. Acceptance and knowledge agreement
By accepting the current Terms and Conditions, ArtistLevel Member, declares the full agreement, to the current clause.
Also, declares the acceptance of all taxes charges applied under the Portuguese legislation.
10. DISSOLUTION
10.1. Non-compliance
10.1. Non-compliance
The rights conveyed to the ArtistLevel Member as set out in the Agreement, are in effect in the case of the continued compliance with the terms of the latter by the former. In the event of non-compliance with the obligations set out in this Agreement, ARTISTLEVEL reserves the right to dissolve the agreement without detriment to the other rights afforded to ARTISTLEVEL by law or by the present Agreement.
10.2. Dissolution of the Agreement
If ARTISTLEVEL intends to dissolve the Agreement with the ArtistLevel Member, it will send the ArtistLevel Member written notification which gives the latter twenty (20) working days from the date of sending of the missive in which the ArtistLevel Member must provide all the information related to the incident for ARTISTLEVEL’s appreciation. ARTISTLEVEL reserves the right to prohibit activities related to the ARTISTLEVEL activity by the ArtistLevel Member in question as of the date of sending of the missive until such time as the final decision of ARTISTLEVEL is made known.
10.3. Dissolution by the ArtistLevel Member
The ArtistLevel Member has the right to cancel his registration at any moment, without need for justification. The cancellation will come into effect as of the month immediately after the former ceases payment.
11. CONFIDENTIAL INFORMATION AND THE ARTISTLEVEL MEMBER LIST
11.1. Lists of ArtistLevel Members
All ArtistLevel Members, lists of Organisations, names, addresses, e-mail addresses, and telephone numbers in the ARTISTLEVEL database (henceforth "Lists") are the confidential property of ARTISTLEVEL.
11.2. Use of the Lists
These lists are made available for the exclusive and limited use of the ArtistLevel Member with a view to facilitating training, support and consultation of the ArtistLevel Member Organisation undertaking to develop activities related to ARTISTLEVEL. Each ArtistLevel Member agrees to make each consultation, within the predefined limits, part of a singular non-transferable licensing agreement between the ArtistLevel Member and ARTISTLEVEL.
11.3. Confidentiality of the Lists
Every ArtistLevel Member agrees to maintain the confidentiality of the Lists and use them exclusively for the purposes set out in this Section.
11.4. Ownership of the Lists
These Lists are under any and all circumstance the exclusive property of ARTISTLEVEL, and ArtistLevel Member agrees to:
11.4.1. Maintain the confidentiality and not disclose any Lists or parts of these to third parties or entities, including to other ArtistLevel Members;
11.4.2. Limit the use of these Lists within the sole objective of developing the activity related to ARTISTLEVEL;
11.4.3. That any use or disclosure of these Lists beyond what has been set our here, or for the benefit of third parties or other entities, constitutes an abuse, illicit appropriation, and a violation of the licensing agreement of the ArtistLevel Member, which can cause irreparable damage to ARTISTLEVEL; and,
11.4.4. That the obligations set out in this Section are to be maintained after the dissolution of the ArtistLevel Member Agreement and any other agreement between ARTISTLEVEL and any ArtistLevel Member. ARTISTLEVEL reserves the right to resort to all the appropriate legal measures to protect the information mentioned above about ownership and secrecy of the business included in the Lists. Any failing with a view to the application of the adequate measures mentioned above will not constitute a renunciation of these rights.
11.5. Violation of the Foregoing Dispositions
Any ArtistLevel Member who promotes an illicit disclosure of the Lists, aids another to obtain these illicitly, or in any way violates the dispositions of this Section, agrees to pay the legal costs and Lawyer’s fees (including recourse costs) if ARTISTLEVEL puts forward legal action;
12. PUBLICITY AND PROMOTION
12.1. Standards and Direction
ARTISTLEVEL encourages and looks on publicity and promotion as a viable method for the ArtistLevel Member to build up his business. Nonetheless, strict patterns and guidelines are needed to maintain an ethical marketing effort. Thus, these patterns and directions are a part of the Agreement between ARTISTLEVEL and its ArtistLevel Members. Every ArtistLevel Member is an external independent worker and never an employee of ArtistLevel.
12.2. Use of the ARTISTLEVEL Names, Brands and Logos
The Names, Brands and Logos of ARTISTLEVEL, ARTISTLEVEL NETWORKS, LDA., names of employees, corporate names or names similar to these names, brands or logos are the property of ARTISTLEVEL NETWORKS, LDA. and may not be used in any form, including reproductions of literature or in any advertisement.
The exclusive use of the names ARTISTLEVEL and ARTISTLEVEL NETWORKS, LDA. or logos is absolutely forbidden.
12.3. Publicity Approval.
Any use of the name, brand or logo of ARTISTLEVEL or its products must be submitted in writing for the approval of ARTISTLEVEL.
12.4. General Promotions.
ArtistLevel Members may promote their business in any way that is legal and ethical so long as they do not use any names or logos of ARTISTLEVEL.
13. ETHICS
13.1. Activity and Conduct Deemed Unethical
Although this is by not means an exhaustive list, ARTISTLEVEL hereby provides the following examples of activities and conduct deemed unethical:
13.1.1. Making false statements of income or intentionally falsifying the Self-Sustainability System;
13.1.2. Not submitting for ARTISTLEVEL’s appreciation and approval any publicity or sales materials related to the ARTISTLEVEL name before publication;
13.1.3. Use or inappropriate use of the ARTISTLEVEL name, image or logo in printed form or electronic advertising without the express prior written consent of the latter;
13.1.4. Use or inappropriate use of the ARTISTLEVEL logo or brand in any advertising initiatives for sponsorship or recruitment or for any financing activities without the express prior written consent of the latter;
13.1.5. Inappropriate use of the corporate name ARTISTLEVEL;
13.1.6. Any unauthorised duplication of ARTISTLEVEL literature;
13.1.7. Any violation of the Terms and conditions of ARTISTLEVEL;
13.1.8. Intentionally bypassing the Agreement in order to indirectly undertake, carry out or attain that which is directly forbidden;
13.1.9. Under no circumstances is the name ArtistLevel to appear in any URL except those held by the corporation;
13.1.10. and, Spam:
13.1.10.1. The act of spamming is absolutely forbidden. The following, although not exclusively, is considered spamming:
13.1.10.2. Websites that try to reach a greater listing by submitting hundreds of almost identical pages into which are inserted hundreds of key-words in a Web document;
13.1.10.3. Inappropriate attempts at using a mailing list;
13.1.10.4. Sending, via e-mail, mass quantities of promotions or publicity that people have not requested;
13.1.10.5. Non-ethical techniques such as cloaking, mirror sites, and doorway pages so as to deceive the search engine into attributing the webpage a higher priority ranking.
14. LEGAL RELATIONSIP BETWEEN ARTISTLEVEL AND THE ARTISTLEVEL MEMBER
14.1. Status of Commission-agent
The ArtistLevel Member is a "commission-agent" and that is the nature of his relationship with ARTISTLEVEL. The ArtistLevel Member recognises and agrees that ARTISTLEVEL will retain all taxes on income on commissions, bonuses or promotions paid by ARTISTLEVEL.
14.2. Legitimacy
The ArtistLevel Member has no authority or legitimacy to bind ARTISTLEVEL to any obligations.
14.3. Concession of Names or Brands
The ArtistLevel Member has no authority or legitimate right to carry our any actions leading to the registration or reservation of names, brands or business names of ARTISTLEVEL; to guarantee approval of business products or practices or to establish governmental or business contacts of any type in the name of ARTISTLEVEL. The ArtistLevel Member agrees to immediately concede to ARTISTLEVEL any names , brands, service brands or business names of ARTISTLEVEL registered or reserved which are in violation of the present Section.
14.4. Fiscal Tax Identification
Every ArtistLevel Member must provide ARTISTLEVEL with a fiscal identification number. A fiscal identification number emitted by a national or federal fiscal authority is demanded to all ArtistLevel Members.
14.5. Fines
Every ArtistLevel Member agrees to compensate and safeguard ARTISTLEVEL from any fines or fiscal penalties he might incur.
14.6. Continuity
The provisions in this section remain in effect until the cancellation of the Agreement.
15. GENERAL STIPULATIONS
15.1. Indemnity.
In as much as the Law allows, ARTISTLEVEL, its directors, representatives, shareholders, employees and contracted workers (collectively referred to as "affiliates") will not be legally responsible, and the ArtistLevel Member expressly exonerates ARTISTLEVEL and its affiliates from, and gives up the right to claim any loss of profits, direct, indirect, special or consequential damages, or any other losses incurred or suffered by the aforementioned ArtistLevel Member as a result of:
15.1.1. Violation by the ArtistLevel Member of the ArtistLevel Member Agreement, including, but not limited to the Terms and condition of ARTISTLEVEL;
15.1.2. The promotion or carrying out of the business of ArtistLevel Member and any activity related to the latte, including, but not limited to the following examples: the presentation of an ARTISTLEVEL product or the Self-Sustainability System of ARTISTLEVEL, the operation of a motor vehicle, the rental of workspaces for training or meetings, etc;
15.1.3. Any data or information incorrectly provided by the ArtistLevel Member to ARTISTLEVEL; and
15.1.4. The failure to provide any information or data necessary for ARTISTLEVEL to operate its business activity. The ArtistLevel Member agrees that the total legal responsibility of ARTISTLEVEL and the ArtistLevel Member, including, by not limited to any responsibility as a result of the contract, equitable compensation will not exceed, and will be limited by the amount of products that the ArtistLevel Member acquired from ARTISTLEVEL under the terms of the current or any other Agreement, and that can be resold.
15.2. Defense
Every ArtistLevel Member will defend and safeguard ARTISTLEVEL from any complaints, damages or legal responsibility arising from the business of publicity of the ArtistLevel Member’s business, or as a result of declarations that may be illegal and/or complaints not approved by ARTISTLEVEL.
15.3. Damages due to Negligence or Ill conduct
Sections 17.2 e 17.3 will not be applicable to any damages as result of gross negligence or deliberate ill conduct on behalf of the managing directors of ARTISTLEVEL.
15.4. Effect of one Norm on the Remaining Norms
The terms of the Agreement are considered binding. The invalidity or inapplicability of any one of the norms does not affect the validity or applicability of any of the other norms.
15.5. Services Solicited
ARTISTLEVEL provides its ArtistLevel Members with services, promotions and information free of charge. For requests by ArtistLevel Members which fall outside the realm of daily ARTISTLEVEL business activity, and which require extraordinary time and effort to execute, including, but not limited to search for copies and reissue of payments, ARTISTLEVEL will charge a fee of forty (40) Euros per hour, plus concrete costs, with a minimum charge of (40) Euros per project, plus concrete costs.
15.6. Privacy Policy
Information provided by an ArtistLevel Member will be used for the ends mentioned herein. No other use will be given to said information.
15.7. Arbitration
ARTISTLEVEL and the ArtistLevel Member may, upon mutual written consent, agree to solve any violation of the present Agreement by recourse to arbitration. The proceedings of the arbitration will take place in the ARTISTLEVEL headquarters.
15.8. Apologies
Any apologies made by ARTISTLEVEL regarding any violation of the present Agreement must be produced in writing and signed by an authorised representative of ARTISTLEVEL. Any apology made by ARTISTLEVEL regarding any violation of the present Agreement on behalf of an ArtistLevel Member will not operate as, and will not be interpreted as an apology for any subsequent violations.
15.9. Causes of Force Majeure
ARTISTLEVEL will not be responsible for delays or failures to fulfil its obligations when these become impractical due to circumstances that go beyond what is within its reasonable control, such as wars, strikes, riots, fires, earthquakes and other natural disasters, limitation on behalf of a partner who is a source of supply, or governmental decrees or orders.
15.10. Adjudicating Court
The Agreement and all subsequent agreements will be adjudicated and interpreted according to Portuguese Law. The application of the United Nations Convention regarding the International Sale of Goods is excluded. Any disputes or complaints regarding ARTISTLEVEL and any other disputes and complaints related to the actions of the parties in this Agreement and in subsequent agreements will be exclusively heard in a competent court in Lisbon, Portugal.
The ArtistLevel Member has read the entirety of this Agreement and understood all its provisions. If an ArtistLevel Member presents a claim or counter-claim against ARTISTLEVEL, the ArtistLevel Member will do so as an individual and not together with any other ArtistLevel Member or as part of a collective action.
