This Muse Addendum contains specific provisions applicable to you if you are using the Service as a Muse. Please review these terms carefully.
1. Muse Terms
1.1 Independent Business. When a Muse establishes a My Store page in the Musely marketplace, the Muse is establishing an independent business in which the Muse can use his or her entrepreneurial skills to generate a profit. This may be a stand-alone business or can be part of a larger business the Muse operates in the virtual world or the brick and motor world. The Muse can advertise his or her business in any legal way on any forum. The Muse can hire employees, do the work all him or herself or subcontract work to others. You are encouraged to use your imagination and skill to design your business to be successful for you.
1.2 Relationship with Marketplace Sellers. As a Muse, you are not required to promote the products of any particular Seller on the Musely Marketplace or to promote any particular products. Each Seller who wishes to sell products through Muses may set the commission rate payable to a Muse for each or any of that Seller's products. You as a Muse are free to sign-up, or not, as a Muse for any Seller or any Seller product. Other than contained in this Agreement, the terms of your agreement with the Seller will be established when you sign up to promote some or all of that Seller's products.
1.3 Commissions. Commissions are set and are paid by the Sellers; payment of the Commissions from Sellers will be routed through Musely to the Muse.
1.4 Expenses. The Services of the Musely marketplace are provided to Muses free of charge. Musely's fees are paid by the Sellers. However, Muses are independent businesses and are responsible for all expenses they incur in connection with their businesses. This includes, for example, the cost of any equipment Muses use in their business, all cost associated with any employees Muse hire, the costs of any advertising Muse choose to do and the costs of any insurance, license fees, taxes etc. associated with the Muse's business.
1.5 Independent Contractor. A Muse's use of the Musely Marketplace does not establish any type of partnership, joint-venture, agency or employment relationship between the Muse and Musely or between the Muse and any Seller. Each Muse is for all purposes an independent contractor. The Muse is solely responsible for paying all taxes associated with the operation of his or her business, including the taxes on any profits the Muse earns in that business. The Muse, the Muse's employees, or any other persons engaged by the Muse in his or her business (collectively, "Associates"), will not be entitled to any benefits available to Musely employees. The Muse is solely responsible for providing Workers' compensation cover¬age, and all other legally required benefits, to any persons per-forming services for the Muse who are entitled to such benefits under applicable state or federal law. The Muse shall be responsible for all employment-related taxes pursuant to the requirements of applicable local, state and federal regulation.
1.6 Compliance with Laws and Rules. As a Muse you agree to secure and maintain in force all licenses and permits required by law or regulation for your business (including any required business license) and to fully comply with all federal, state and local laws, ordinances and regulations applicable to your business.
1.7 Getting Paid. Muses will be paid via the Musely payment system at 30 days after the order is placed, and your payments will be accessible to you on the 1st and 15th of every month. Muses will not be paid out until the balance in your account is over $100. Muses will not be paid for any orders which have been returned by a Buyer.
1.8 Responsibility for Promoting a Product. You will be solely responsible in the manner you promote a product. For example, you will be solely responsible for:
- (a) Creating and posting, the accuracy, completeness, and appropriateness of the manner in which you promote any product;
- (b) Promoting the product in a manner that does not infringe, violate, or misappropriate any of Musely's rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights);
- (c) Promoting the product in compliance with this Agreement and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that may host where you promote the product).
Musely will have no liability for these matters or for any third party claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) relating to (a) your promotion of products or any materials used to promote the product, including those materials with other applications, content, or processes; (b) the use, development, design, manufacture, production, advertising, promotion, or marketing of any site you have used to promote the product or any materials that appear on or within such sites, and all other matters described in this Section; (c) your use of any content, whether or not such use is authorized by or violates this Agreement or applicable law; (d) your violation of any term or condition of this Agreement; or (e) your or your employees' negligence or willful misconduct.
1.9 Building a Positive Reputation Through our Reviews System. Reviews are a great way for you to build a reputation on Musely. Buyers can leave a review, including a one to five star.
Reviews and your response to reviews may not:
- (a) Contain private information;
- (b) Contain obscene, racist, or harassing language or imagery;
- (c) Contain medical or drug claims or information;
- (d) Contain advertising or spam;
- (e) Be about things outside the Seller's control, such as a shipping carrier, Musely or a third party; or
- (f) Undermine the integrity of the Reviews system.
1.10 Termination of Rights. Musely may terminate your right to be a Muse at any time, with or without cause, by giving you notice of termination.