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MERCHANTSHIPS LLC

SELLER & VENDOR TERMS AND CONDITIONS AGREEMENT

Last Updated: [Insert Date]

This Seller & Vendor Terms and Conditions Agreement (“Agreement”) is entered into by and between Merchantships LLC, a limited liability company (“Merchantships,” “Company,” “we,” “us,” or “our”), and the individual or business entity applying to sell or supply products on Merchantships.com (“Seller,” “Vendor,” “you,” or “your”).

By registering for, accessing, or selling products on Merchantships.com, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement.

1. SCOPE OF AGREEMENT

This Agreement governs:

  • Seller onboarding and participation

  • Product listings and fulfillment

  • Fees, payouts, penalties, and enforcement

  • Customer service, returns, and refunds

  • Compliance, misrepresentation, fraud, and delisting

  • Liability limitations and indemnification

This Agreement applies globally, unless otherwise restricted by law.

2. SELLER ELIGIBILITY & REPRESENTATIONS

By onboarding, Seller represents and warrants that:

  • Seller is legally authorized to sell the listed products

  • All business, tax, banking, and contact information is accurate and current

  • Products comply with all applicable laws, regulations, and safety standards

  • Seller owns or has lawful rights to all product content, images, descriptions, and trademarks

  • No products are counterfeit, stolen, prohibited, or materially misrepresented

Merchantships reserves the right to reject, suspend, or terminate any Seller at its sole discretion.

3. PRODUCT LISTINGS & ACCURACY

Sellers must ensure all product listings are:

  • Truthful, accurate, and complete

  • Free from false claims, deceptive practices, or misleading imagery

  • Representative of the exact product delivered to customers

Prohibited Conduct Includes (but is not limited to):

  • Product misrepresentation

  • Fraudulent claims or descriptions

  • Bait-and-switch tactics

  • Selling counterfeit or unauthorized goods

4. THREE-STRIKE MISREPRESENTATION & FRAUD POLICY

Merchantships enforces a strict three-strike policy for product misrepresentation, fraud, or deceptive conduct.

Strike Enforcement Structure:

First Strike

  • 30% reduction in Seller payout for the affected sales period

Second Strike

  • 50% reduction in Seller payout for the affected sales period

Third Strike

  • Immediate and permanent vendor delisting

  • Termination of Seller account

  • Forfeiture of unpaid balances where legally permitted

Merchantships reserves the right to accelerate enforcement or bypass strikes entirely in cases of severe or criminal misconduct.

5. SELLER FEES & PAYOUTS

  • Merchantships charges a flat 10% marketplace fee

  • Fee is deducted off the top of gross sales

  • Payouts are issued monthly on the 1st day of each month

  • Seller is responsible for all taxes, duties, and reporting obligations

Merchantships may withhold payouts during investigations, disputes, or compliance reviews.

6. RETURNS & REFUND POLICY (MANDATORY)

All Sellers must adhere to the following return standards:

  • 30-day return window from date of delivery

  • Item must be returned in good, unused, and resalable condition

  • Full refund issued within 24 hours of item receipt by Seller

  • Refunds must be processed through Merchantships’ system

Failure to comply may result in:

  • Financial penalties

  • Listing suspension

  • Account termination

7. CUSTOMER SERVICE STANDARDS

Sellers are required to provide prompt, professional, and courteous customer service.

Mandatory Conduct:

  • Timely responses to customer inquiries

  • Respectful, polite, and non-abusive communication

  • Resolution-oriented engagement

Zero-Tolerance Conduct:

  • Vulgarity

  • Harassment

  • Threatening language

  • Discriminatory or abusive behavior

Violations may result in:

  • Temporary listing pause

  • Financial penalties

  • Immediate delisting based on severity

8. COMPLIANCE MONITORING & ENFORCEMENT

Merchantships may:

  • Audit Seller listings and communications

  • Monitor performance metrics

  • Investigate customer complaints

  • Suspend or remove listings without prior notice

All enforcement decisions are final.

9. LIMITATION OF LIABILITY

Merchantships LLC expressly disclaims all liability for:

  • Seller fraud

  • Product misrepresentation

  • Defective, unsafe, or illegal products

  • Intellectual property violations

  • Customer harm or damages

Merchantships is a neutral marketplace platform and does not manufacture, store, inspect, or ship Seller products unless explicitly stated.

10. INDEMNIFICATION

Seller agrees to fully indemnify, defend, and hold harmless Merchantships LLC, its members, officers, employees, and affiliates from any and all claims, damages, losses, liabilities, costs, and legal fees arising from:

  • Seller products or listings

  • Fraud or misrepresentation

  • Regulatory violations

  • Customer disputes

  • Intellectual property claims

  • Breach of this Agreement

11. LEGAL CLAIMS & NO CLASS ACTIONS

Seller agrees that:

  • Any dispute shall be resolved individually

  • No class actions, collective actions, or representative actions are permitted

12. GOVERNING LAW & VENUE

This Agreement shall be governed by and construed under the laws of the United States and the State designated by Merchantships LLC, without regard to conflict-of-law principles.

Exclusive jurisdiction and venue shall lie in courts designated by Merchantships LLC.

13. TERMINATION

Merchantships may terminate this Agreement:

  • With or without cause

  • With or without notice

  • At its sole discretion

Upon termination:

  • All listings are removed

  • Outstanding disputes remain enforceable

  • Indemnification and liability clauses survive termination

14. MODIFICATIONS

Merchantships reserves the right to modify this Agreement at any time. Continued use of the platform constitutes acceptance of revised terms.

15. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, or representations.

If any provision is held unenforceable, the remaining provisions shall remain in full force and effect.

16. ACCEPTANCE

By completing Seller onboarding or listing products on Merchantships.com, Seller affirmatively agrees to be legally bound by this Agreement.

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