Collaborations Agreement
IAKAM ARTIST COLLABORATION, AFFILIATE & VENDOR SERVICES AGREEMENT
Effective Date: ______________________
This Artist Collaboration, Affiliate & Vendor Services Agreement (“Agreement”) is entered into between IAKAM (“IAKAM,” “Company,” “we,” “us,” or “our”) and:
Artist / Affiliate / Vendor Name: ______________________________________
Business or Stage Name: ______________________________________________
Email: _______________________________________________________________
Phone: _______________________________________________________________
The individual or business signing this Agreement is referred to as the “Participant.”
1. Purpose
IAKAM provides artists, creators, affiliates, and merchandise vendors with opportunities to display, promote, manufacture, sell, and/or fulfill merchandise through IAKAM's online platform and affiliated services.
Participant may select one of the service options described below.
Selected Service
- [ ] Option 1 – Three-Product Artist/Affiliate Program
- [ ] Option 2 – Custom Merchandise Landing Page
- [ ] Option 3 – Vendor-Owned Merchandise Program
Participation in any program does not create a legal partnership, joint venture, employment relationship, franchise, or agency relationship between IAKAM and Participant.
2. OPTION 1 – THREE-PRODUCT ARTIST/AFFILIATE PROGRAM
Under Option 1:
A. Three Products at No Setup Charge
Participant may select up to three (3) merchandise products featuring Participant's own original artwork, branding, graphics, logos, photographs, or other designs.
There is no setup charge to Participant for the three selected products under this option.
B. Product Changes
Participant may replace or change their selected three products once every sixty (60) days.
Requests for product changes are subject to available products, manufacturing capabilities, and platform availability.
C. Manufacturing and Fulfillment
Products offered under Option 1 are manufactured through third-party manufacturers and/or fulfillment providers arranged through IAKAM.
Manufacturing and shipping costs are automatically calculated through the applicable ecommerce or fulfillment system.
Participant is not responsible for personally manufacturing or shipping Option 1 products unless otherwise agreed in writing.
D. Affiliate Commission
Participant will receive a $15.00 commission for each qualifying completed sale properly attributed to Participant through IAKAM's affiliate tracking system.
Sales are tracked through the IAKAM affiliate platform.
Participant will receive access to an affiliate dashboard where Participant may review available information regarding:
- Affiliate links;
- Product links;
- Tracked sales;
- Pending commissions;
- Approved commissions;
- Paid commissions; and
- Other available affiliate activity.
A commission is considered earned after the associated sale has been successfully completed and is not canceled, refunded, reversed, determined to be fraudulent, or subject to a successful chargeback.
IAKAM may reverse a commission associated with a refunded, canceled, fraudulent, or charged-back transaction.
E. Affiliate Links
Participant will be provided with a unique affiliate link and/or product-specific affiliate links.
Participant is responsible for using the correct affiliate link when promoting IAKAM merchandise.
IAKAM is not responsible for commissions that cannot reasonably be attributed to Participant because of incorrect links, blocked cookies, customer browser settings, tracking interruptions outside IAKAM's reasonable control, or purchases made without Participant's assigned tracking information.
3. OPTION 2 – CUSTOM MERCHANDISE LANDING PAGE
Participant may request a dedicated merchandise landing page containing up to twenty-five (25) products.
The fees for Option 2 are:
One-Time Setup Fee: $150.00
Recurring Hosting Fee: $20.00
The $20.00 hosting fee will continue for as long as the landing page remains active unless otherwise agreed in writing.
The landing page may contain Participant's approved merchandise, branding, artwork, photographs, product information, and related content.
Participant must provide all requested designs, images, product descriptions, and other materials reasonably necessary for IAKAM to create or maintain the page.
Any additional services outside the scope of the standard landing page may require a separate written agreement or additional fee.
4. OPTION 3 – VENDOR-OWNED MERCHANDISE PROGRAM
Option 3 applies when Participant already possesses, manufactures, or controls their own physical merchandise inventory.
Under this option, Participant acts as an independent merchandise vendor.
A. Order Notifications
When an order is placed for Participant's vendor-owned merchandise, Participant will receive an order notification at the email address provided to IAKAM.
Participant is responsible for maintaining a valid email address and monitoring order notifications.
B. Shipping Responsibility
Participant is solely responsible for:
- Maintaining sufficient merchandise inventory;
- Preparing the customer's order;
- Properly packaging the merchandise;
- Shipping the merchandise;
- Shipping the correct product and quantity;
- Providing valid tracking information; and
- Providing tracking information to IAKAM when requested.
Participant must ship orders within the fulfillment period communicated to customers or otherwise agreed upon with IAKAM.
C. Vendor Payments
Payments due to Participant for completed vendor orders may be remitted through:
- Zelle;
- PayPal; or
- Another mutually agreed electronic payment method.
Participant is responsible for providing accurate payment information.
IAKAM will not be responsible for payments delayed because Participant supplied incorrect, incomplete, expired, or inaccessible payment information.
D. Customer Service and Fulfillment Problems
Participant is responsible for merchandise fulfillment issues caused by Participant, including incorrect items, unavailable inventory, unreasonable shipping delays, or failure to provide tracking information.
IAKAM may communicate with Participant regarding customer complaints, returns, refunds, shipping problems, or fulfillment issues.
Repeated fulfillment problems may result in suspension or termination of Participant's vendor services.
5. OWNERSHIP OF DESIGNS AND INTELLECTUAL PROPERTY
IAKAM does not acquire ownership of Participant's original designs, artwork, logos, photographs, trademarks, music-related branding, or other intellectual property solely because Participant participates in an IAKAM program.
Participant retains ownership of all intellectual property rights Participant legally owns.
Participant grants IAKAM and its authorized manufacturers, website providers, fulfillment companies, and contractors a limited, non-exclusive license to reproduce, display, manufacture, advertise, market, and otherwise use Participant's submitted designs only as reasonably necessary to provide the services described in this Agreement.
This license does not transfer ownership of Participant's intellectual property to IAKAM.
Unless otherwise agreed in writing, the license ends after Participant's products and services have been discontinued, except that IAKAM may retain records reasonably necessary for accounting, legal, tax, transaction, or recordkeeping purposes.
6. PARTICIPANT'S REPRESENTATIONS REGARDING DESIGNS
Participant represents that Participant owns, controls, or has legally obtained permission to use all designs, photographs, logos, names, trademarks, artwork, phrases, and other material submitted to IAKAM.
Participant may not submit material that knowingly infringes another person's copyright, trademark, right of publicity, or other intellectual property rights.
IAKAM may refuse or remove any design or product that IAKAM reasonably believes violates applicable law, the rights of another person, manufacturer requirements, or IAKAM policies.
7. AFFILIATE AND ADVERTISING DISCLOSURES
When Participant promotes products for which Participant may receive a commission, free product, discount, payment, or other benefit, Participant is responsible for making any legally required affiliate, sponsorship, or material-connection disclosures.
Such disclosures should be clear and understandable to consumers and should not intentionally conceal Participant's financial relationship with IAKAM.
Participant may not make false, deceptive, misleading, or unsubstantiated claims about IAKAM or any product offered through the program.
8. SALES TRACKING
IAKAM uses its affiliate and ecommerce systems to track qualifying sales, commissions, links, and other available transaction information.
Participant acknowledges that the affiliate dashboard and IAKAM's underlying transaction records will be used to determine tracked sales and commissions, subject to correction of documented errors.
Participant should promptly contact IAKAM if Participant believes a transaction or commission has been incorrectly recorded.
9. REFUNDS, CANCELLATIONS, AND CHARGEBACKS
Customer refunds, canceled transactions, fraudulent transactions, and chargebacks may result in cancellation or reversal of commissions associated with those transactions.
IAKAM may delay final settlement of a disputed transaction until the refund, chargeback, fraud review, or payment dispute has been resolved.
Nothing in this Agreement eliminates any refund or consumer rights required by applicable law.
10. TAXES
Participant is responsible for Participant's own federal, state, and local tax obligations arising from commissions, vendor proceeds, or other amounts received through participation in an IAKAM program.
Participant agrees to provide any reasonably required tax information or documentation when required by applicable law.
IAKAM may issue applicable tax reporting documents when legally required.
11. INDEPENDENT BUSINESS RELATIONSHIP
Participant is an independent participant in IAKAM's collaboration, affiliate, or vendor program.
Nothing in this Agreement makes Participant an employee of IAKAM.
Participant does not have authority to:
- Sign contracts on behalf of IAKAM;
- Create financial obligations for IAKAM;
- Represent that Participant owns IAKAM;
- Represent that Participant is an employee or legal agent of IAKAM; or
- Make promises or warranties on behalf of IAKAM without written authorization.
12. TERMINATION
For Option 3, Participant may cancel vendor services at any time by providing notice to IAKAM.
IAKAM reserves the right to suspend or terminate services when reasonably necessary, including because of nonpayment, fraud, chargebacks, unlawful activity, intellectual-property complaints, repeated fulfillment failures, misuse of the platform, violation of this Agreement, or legitimate business reasons.
Upon termination, amounts properly due for completed transactions will be processed and approved refunds or transaction reversals may be completed before final account settlement.
Termination does not eliminate obligations that arose before the termination date.
Sections relating to intellectual property ownership, payment obligations, taxes, disputes, liability, and completed transactions will survive termination when reasonably necessary.
13. NO GUARANTEE OF SALES OR INCOME
IAKAM does not guarantee that Participant will receive any particular number of sales, customers, commissions, revenue, website visitors, or profits.
Participant's results may vary based on customer demand, pricing, promotion, marketing, products, availability, and other factors.
14. THIRD-PARTY SERVICES
IAKAM may use third-party services for manufacturing, ecommerce processing, affiliate tracking, hosting, payment processing, shipping, and other business functions.
Temporary interruptions or changes involving third-party platforms may occur outside IAKAM's direct control.
IAKAM will make reasonable efforts to maintain accurate records and correct verified account or transaction errors.
15. CHANGES TO SERVICES
IAKAM may modify product availability, manufacturers, fulfillment providers, technology providers, platform features, or operational procedures when reasonably necessary.
Any change to Participant's agreed commission amount, recurring fee, or other material financial term should be communicated before the change becomes applicable to future transactions.
16. LIMITATION OF AUTHORITY
Neither party may bind the other party to any contract, debt, liability, representation, or obligation without the other party's express written authorization.
Each party remains responsible for its own business activities and legal obligations.
17. ENTIRE AGREEMENT
This Agreement, together with any written service selection, pricing schedule, order form, or policy expressly incorporated into it, constitutes the agreement between IAKAM and Participant concerning the services described herein.
Any amendment affecting a material term of this Agreement should be made in writing.
18. SEVERABILITY
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.
19. GOVERNING LAW
This Agreement will be governed by the laws of the State of __________________________, without regard to its conflict-of-law principles.
The parties agree that any dispute concerning this Agreement will be brought in a court or other dispute-resolution forum having proper jurisdiction, unless the parties separately agree in writing to arbitration or another dispute-resolution procedure.
20. ELECTRONIC SIGNATURES
Electronic signatures, digital acknowledgments, and electronically executed copies of this Agreement may be accepted to the extent permitted by applicable law.
21. CONTACT INFORMATION
Questions concerning orders, affiliate accounts, commissions, vendor services, or this Agreement may be directed to:
IAKAM
Phone: 302-442-0761
Email: support@iakam.com
Affiliate Setup & Sales Tracking: IAKAM UpPromote Affiliate Dashboard
All qualifying sales are tracked through the applicable affiliate/ecommerce system, and available notifications are provided through the Participant's account and/or designated contact information.
ACCEPTANCE AND SIGNATURES
By signing below, Participant acknowledges that Participant has read and understands this Agreement, has selected the applicable service option, and agrees to be bound by its terms.
PARTICIPANT
Printed Name: ___________________________________________
Business / Artist Name: __________________________________
Selected Option: _________________________________________
Signature: _______________________________________________
Date: ____________________________________________________
IAKAM
Authorized Representative: _________________________________
Title: ____________________________________________________
Signature: _______________________________________________
Date: ____________________________________________________