Commissions and Payments
3.1 In addition to the commissions payable to you, we will also pay to you 13% of Harmonized Sales Tax (“HST”) applicable to those commissions if you provide us with a warranty that you are registered under the Excise Tax Act (“ETA”), together with a copy of your ETA registration, a warranty that you will assess and remit the HST payable and indemnify us in respect of any HST payable. If the aforementioned information is not provided, HST will not be paid to you in addition to the commissions. You understand that you are solely responsible for your own HST obligations under the ETA.
3.2 Pricing for open edition or limited edition artwork, produced and shipped by APG shall be based on the pricing in our portal as set by APG; plus the Licensor’s commission, as set by the Licensor. The current default rate for the Licensor’s commission in our portal is twenty five (25%) percent of set cost, but can be changed to any other amount (percentage or dollar specific), by the Licensor. For print to order works, APG will print the work and ship to the customer following an order. Shipping of limited edition and one of a kind works produced and shipped by the artist is addressed in Section 3.4 below.
3.3 In the sale of open edition or limited edition artwork produced and shipped by APG, APG’s commission shall be twenty (20%) percent of Licensor's commission, plus three and half (3.5%) percent processing fee, with the remaining seventy-six and half (76.5%) percent accruing to Licensor.
3.4 In the sale of limited edition or one of a kind artwork produced and shipped by Licensor, APG’s commission shall be twenty (20%) percent of the sale price, plus three and half (3.5%) percent processing fee, with the remaining seventy-six and half (76.5%) percent accruing to Licensor.
3.5 The Licensor will set a shipping rate for limited edition and origianl artwork produced and shipped by Licensor. APG charges a processing fee of three and half (3.5%) percent on the shipping rate set by the Licensor.
3.6 All artwork must be securely packaged and shipped by an approved APG carrier. Where the artwork does not conform to the images or description on the APG website (as prepared by the Licensor), or is damaged in shipping, the customer shall have a right to notify APG of their intention to return the work not more than fourteen (14) days after delivery, for a full refund of the customer’s purchase price, including both the Licensor’s fee and APG’s commission, and shipping costs shall be charged to the Licensor.
3.7 APG, and the Licensor, in the case of limited edition and one of a kind works shall arrange for insurance on shipments, such that where artwork is damaged in shipment a corresponding amount should be payable from the shipper or its insurer to APG, with the net proceeds to be split between APG and the artist in accordance with the sharing formula established in respect of the work.
3.8 Commissions contemplated herein shall be sent to the artist via selected method of payment once an order is marked as Complete, twenty eight days (28) after dispatch of the work to the buyer, on condition that the work has not been returned, with notice made by email to the Licensor, and shall be paid (a) to the Licensor’s PayPal account each Wednesday, or (b) at the option of Licensor, by cheque or wire transfer payable from APG to Licensor, delivered on or before the fifteenth (15th) day of each month, which cheque shall be denominated and drawn in U.S. dollars; provided that (a) amounts in respect of limited edition or one of a kind works shall become available to be claimed on the date that the customer’s fourteen (14) day right of return expires; and (b) where the Licensor elects to be paid by cheque or wire transfer, rather than through PayPal, a US$55.00 processing fee shall be deducted from such payment by APG. It is expressly acknowledged that the Licensor is not an employee of APG, and is responsible for remitting its own sale tax, income tax and any other taxes which may arise as a result of the commission payment.
3.9 The Licensor agrees that, where a sale of a one of a kind or limited edition work sells through direct sale, and such sale arises in whole or in part as a result of the promotional efforts of APG, the Licensor is obligated to pay the commission contemplated in Section 3.4 above to APG. It is the responsibility of the Licensor to notify APG of any private sale of one of a kind or limited edition works as soon as possible following sale and marking it as sold on the APG website through the artist portal; if APG effects a sale of one of a kind or limited edition work, and such work is not available due to a prior private sale by the Licensor, the Licensor shall be liable to APG for the commission contemplated in Section 3.4 above in respect of such work.
4.0 From time to time, APG may run promotional sales offering a percent (%) or flat rate ($) discount on Products. The Licensor agrees that, where a sale of an artwork sells with a discount, the commission paid to the artist will be discounted proportionally.