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MasonJars.com Seller Agreement
Standard Terms and Conditions for Mason Jars MakerPlace Program
Welcome to the MasonJars.com MakerPlace Program
MasonJars.com, the MakerPlace, is focused on creating a joyful experience for buyers. As a seller, our mutual relationship is built on trust. We trust that you will uphold MasonJars.com policies and treat our customers fairly by offering your products at your lowest advertised price and be professional and courteous. MasonJars.com policies ensure a fair marketplace, but do not lay out every conceivable situation or scenario. In case of ambiguity, MasonJars.com is committed to working with our sellers to create clarity. As a seller on MasonJars.com, you agree to interact with customers in good faith and in a manner that is consistent with trust and fairness.
Should an issue arise where we believe a seller is inadvertently or intentionally not acting in a manner consistent with this agreement, we will first strive to work together to correct the issue. MasonJars.com is committed to always being available to quickly and efficiently resolve issues to the best of our ability, and trust that our sellers will act in the same manner.
PLEASE READ THIS MASON JARS MAKERPLACE SELLER AGREEMENT (THE “AGREEMENT”) CAREFULLY BEFORE USING THE PLATFORM (AS DEFINED BELOW) AND SERVICES OFFERED BY MASON JARS MAKERPLACE. BY USING THE PLATFORM IN ANY MANNER, YOU OR THE ENTITY YOU REPRESENT (“SELLER”) AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A SELLER, YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORIZED TO BIND SELLER. USE OF THE PLATFORM AND ANY RELATED SERVICES OFFERED BY MASON JARS MAKERPLACE IS EXPRESSLY CONDITIONED UPON SELLER’S ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF SELLER DOES NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT SELLER WILL HAVE NO RIGHT TO USE THE PLATFORM AND ANY RELATED SERVICES OFFERED BY MASON JARS MAKERPLACE.
As a seller on MasonJars.com, you agree to the following:
MasonJars.com MakerPlace includes the online marketplace located at MasonJars.com, http://www.masonjars.com, a customer-facing portal for sale of goods and interaction with customers, a seller-facing portal for seller specific services, a payment processing system, and a Community collection of recipes, how-to guides, and articles. (collectively the “Platform”).
MasonJars.com, through the MasonJars.com MakerPlace Program, provides the Sites, Tools, and Services to enable you to sell your Products to third-party buyers (“Customers”). You may only sell those Products you have the legal right to sell and must do so consistent with the terms and conditions of this Agreement. All transactions with Customers are between you and the Customer, and you will be the seller of record. MasonJars.com is not a party to any transactions although MasonJars.com will provide the Services in connection with the transactions as expressly set forth in the Order Processing, Fulfillment, and Shipping Policy. You acknowledge and agree that MasonJars.com may contract with third-party service providers to provide management software and other services for the MasonJars.com MakerPlace Program.
With respect to each product, the Seller shall provide (a) a description of the Product, including identifying information such as SKU and UPC numbers, brand and Product dimensions; (b) information regarding stock status and availability; (c) a digitized image that depicts the Product accurately; (d) any disclaimers, warnings or other notices required by law with respect to the Product; (e) the Seller's customer return refund policy relating to the Product; and (f) any other terms and conditions a customer should be aware of prior to purchasing the Product. The Seller guarantees that the Product is exactly what the Seller represents it to be and that there has not been any misrepresentation to Mason Jars MakerPlace and/or the general public.
Mason Jars MakerPlace will offer predetermined products of the Seller on the Platform. The parties acknowledge and agree that Mason Jars MakerPlace is an authorized reseller and distributor of the Goods worldwide and that Mason Jars MakerPlace may use, sell, offer for sale, display, import, export and distribute the Goods on and in connection with the Platform and related Mason Jars MakerPlace services. Seller shall set up a Seller account on the Platform as reasonably directed by Mason Jars MakerPlace, which will contain options provided by Mason Jars MakerPlace for the Seller to select from regarding the relationship between them.
Digital Downloads and eBooks. Sellers will not offer digital downloads and eBooks that are downloaded automatically to a buyer living in the EU, Norway, Russia, South Korea, Switzerland, New Zealand, or India. Should seller sell these products in prohibited locations, Seller is required to collect and remit VAT (while some countries may refer to VAT using other terms, e.g. GST, we’ll just refer to VAT, GST, and any local sales taxes collectively as “VAT”) to the relevant tax authorities based upon the rate that is charged in the country where the buyer is located.
MasonJars.com MakerPlace shall provide additional policies and rules beyond the general website policies that detail restrictions and requirements that the Seller agrees to comply with as a condition of their continued use of the Platform.
Fostering community collaboration, creativity, and helping our sellers succeed is at the core of MasonJars.com, the MakerPlace. The MakerPlace communities include the blog and communication with customers and/or other sellers.
MakerPlace sellers using Community must be 18 years old or older. As a seller, you agree to the following in all MakerPlace community spaces:
Respect the privacy of other sellers and customers. Do not share private or personally identifying information in public spaces. Do not spam.
Do not use a fake identity. Be transparent and honest.
Respect other sellers and customers. Community spaces are not to be used to publicly call out a dispute with another seller, customer, or the MakerPlace.
Do not interfere with another sellers business or sales.
Sellers will have varied costs to sell on the MakerPlace based on your membership level. This Fees and Payments Policy will explain your fees and how to pay them.
Seller Fees. You have been made aware of the monthly fees that apply to participate as a Seller in the Mason Jars MakerPlace including membership fees, referral fees, and any other applicable fees (Collectively “Seller Fees”). Your payment of the Seller Fees is required for your participation as a Seller on the Mason Jars MakerPlace. Seller Fees may be deducted from any sales made on the Platform or billed to the Seller on a monthly basis.
Referral Fees. MasonJars.com will earn a referral fee equal to a percentage of the gross sales proceeds from the sale of Products (i) including all shipping and handling, gift wrap, and other charges, and (ii) excluding only those taxes separately stated and charged from each Product sale through the MasonJars.com Site (the “Referral Fee”) as further set forth in the Referral Fee Schedule. MasonJars.com will remit to you the total amount it collects from the sale of Products, less the Referral Fee, for Products shipped in each 14-day period within 17 days of the end of such 14-day period.
Payment. At MasonJars.com’s option, all payments to your bank account will be remitted through an Automated Clearing House system. If MasonJars.com concludes that your actions and/or performance in connection with this Agreement may result in customer disputes, chargebacks or other claims, then MasonJars.com may, in its sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you under this Agreement for the shorter of: (i) a period of 90 days following the initial date of suspension; or (ii) completion of any investigation(s) regarding your actions and/or performance in connection with this Agreement. As a security measure, MasonJars.com may, but is not required to, impose transaction limits on you or some or all customers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. MasonJars.com may share your personal or transactional information with those third-party service providers when it's necessary to process payments.
Refund Administration Fee. There may be times you need to refund customers. MasonJars.com will refund you the amount of the Referral Fee you paid for the item(s), minus the applicable Refund Administration Fee, which is the lesser of $5.00 or 20% of the applicable Referral Fee. Example: If you refund a customer the $10.00 total sales price of an item in a category with a 15% Referral Fee ($10.00 x 15% Referral Fee = $1.50), your Refund Administration Fee will be $0.30 ($1.50 Referral Fee x 20% Administration Fee = $0.30).
Advertising Fees. MasonJars.com offers several ways for sellers to advertise and gain more exposure within the MakerPlace. Advertising fees will be auto-deducted from the payment system on record. For more information, please visit our Advertising Policy.
Shipping Fees. When a customer purchases one of your products, they will be charged the shipping fees you set up. The MakerPlace will pass along the shipping costs to you so you may purchase the appropriate shipping. Sellers may also choose to list their products with free shipping. If you choose to list your products as free shipping, the seller is responsible for any shipping costs incurred. Sellers will not be paid for the transaction until tracking information has been updated and delivery has been confirmed.
The Seller will be responsible for any non-delivery, misdelivery, theft or other problem relating to the fulfillment or delivery of Products except for (a) credit card fraud, for which Mason Jars MakerPlace is responsible or (b) Mason Jars MakerPlace’s failure to provide the Seller with the relevant Order Information received by Mason Jars MakerPlace from the customer. The Seller also will be responsible for any errors, whether relating to the description of the Products, their price, shipping costs, return policy or otherwise, when the Seller posts Products for sale on MasonJars.com.
For more information, please visit our Shipping Policy.
Paying Your MasonJars.com Bill. Each month, sellers will receive a statement from MasonJars.com. The statement will detail the amount due based on your membership level and any additional fees that might be incurred from payment processing fees, advertising, etc. Payments will be automatically charged to the account on record. Failure to pay will cause your account to be past due and you could lose your selling privileges.
Auto Paying Your MasonJars.com Bill. When you enroll in MasonJars.com automatic payment plan, your membership fees and other fees, like advertising and payment processing fees, will be automatically deducted each month from the payment option you selected.
By participating in Auto Payment, you agree to the following terms:
You authorize MasonJars.com to keep your credit card or bank information on file (or other payment information based on your payment selection). You agree to keep your credit card information accurate and up to date. Failure to do so could cause your account to be suspended.
When your card is debited, MasonJars.com will send you an email with the amount charged. This information will also be available in your seller account.
Should the card you have on file close, the account number has changed, or if for any reason the charge was rejected, you must update your card information or add a new card to your seller account. If the charges are rejected for whatever reason, you may be subject to penalties such as account suspension and/or termination of your account. Regardless of the payment issue, sellers are not released from their bill and will need to pay their account in full by other means. Your authorization applies to any successor or replacement card you or your card issuer provides.
You may choose to cancel your Auto Payment and change to manual billing at any time. These changes can be made in your seller account. MasonJars.com requires a responsible period of time to act on your billing change after we receive your notice. This could mean an additional automatic payment may be charged while we process your request.
If a seller account is suspended or terminated, the seller remains obligated to pay MasonJars.com for all unpaid fees.
Taxes. Sellers on MasonJars.com are responsible for collecting and paying any taxes associated with using and selling through MasonJars.com. MasonJars.com may issue 1099-K forms to qualifying sellers in the United States to comply with IRS requirements.
Please note that MasonJars.com fees do not include any withholding taxes that might apply to your home country. As a seller, you are required to pay MasonJars.com the full amount of our fees and may not deduct any applicable withholding taxes from that amount.
MasonJars.com and Credits. MasonJars.com customers may choose to pay for their transactions by using a MakerPlace gift card. By agreeing to sell on MasonJars.com, you agree to accept MakerPlace gift cards and credits.
MasonJars.com offers several ways for sellers to advertise and gain more exposure within the MakerPlace. Our Advertising Policy explains your rights and responsibilities while advertising on the MakerPlace.
Paid Advertising. Based on a seller’s membership level, there are three ways to advertise on the MakerPlace; on www.MasonJars.com, E-Newsletter, and Social Media.
Features on www.MasonJars.com allow MakerPlace sellers the opportunity to be featured on our homepage and product category pages. Depending on a seller’s membership level, this may be included or can be purchased for an additional cost.
Reach the MakerPlace customer base by email by featuring your items in our e-newsletter. Depending on a seller’s membership level, this may be included or can be purchased for an additional cost.
Based on a seller's membership level, opportunities to be featured or mentioned on Mason Jar MakerPlace may also be available or can be purchased for an additional cost.
For more information on advertising opportunities for sellers, contact firstname.lastname@example.org
*Please Note: All seller features for images and content will need to be approved by the MakerPlace prior to be being added to the site. Membership level does not guarantee advertising placement.
Advertising Disclaimer. By opting to advertise on MasonJars.com, the MakerPlace is under no obligation to display or promote your items. MasonJars.com cannot guarantee that your advertisements will be clicked and cannot guarantee that if a user clicks your advertisement that a transaction will take place.
Advertising on MasonJars.com may not include any content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, per our Intellectual Property Policy. Sellers are responsible for ensuring all advertisements comply with all applicable laws and regulations.
MasonJars.com reserves the right to reject or remove any advertisement for any reason, at our sole discretion.
You will, and will cause your affiliates and employees to, (a) protect and not disclose information that is identified as confidential or that reasonably should be considered confidential to MasonJars.com MakerPlace; (b) use this information only to fulfill your obligations under this Agreement; and (c) promptly return to us or destroy this information when this Agreement terminates. This covers all confidential information regardless of when you receive it. You will not, without our prior written agreement, use any trademark, service mark, commercial symbol, or other proprietary rights of MasonJars.com MakerPlace.
MasonJars.com takes intellectual property rights seriously and complies with intellectual property laws and industry best practices. Our Intellectual Property Policy details how we address allegations of infringement, how to notify the MakerPlace of suspected infringement, and how sellers can respond when their listings are affected.
Reporting Suspected Intellectual Property, Notices, and Countering A Notification. MasonJars.com takes notices of copyright infringement seriously. We strive to respond quickly when we receive notice of intellectual property infringement by removing and/or disabling access to the material in question. See Reporting Claims of Copyright Infringement for more information.
Repeat Infringement. Should a seller account receive repeat notices of intellectual property infringement, MasonJars.com reserves the right to terminate account privileges of the seller in question. Termination is at the discretion of MasonJars.com.
MasonJars.com connects buyers and sellers from around the world. When you sell on MasonJars.com you are responsible for complying with this policy, regardless of your location.
As a global company based in the US, MasonJars.com must comply with economic sanctions and trade restrictions, including those implemented by the Office of Foreign Assets Control ("OFAC") of the US Department of the Treasury. This means that MasonJars.com or anyone using our Services cannot take part in transactions that involve designated people, places, or items that originate from those places, as determined by agencies like OFAC.
This policy applies to anyone that uses our Services, regardless of their location. It is up to you to familiarize yourself with these restrictions.
For example, these restrictions generally prohibit, but are not limited to, transactions involving:
Certain geographic areas, such as Crimea, Cuba, Iran, North Korea, and Syria, or any individual or entity operating or residing in those places;
Nationals of Cuba, regardless of location, unless citizenship or permanent residency outside of Cuba has been established; and
Items originating from areas including Cuba, North Korea, Iran, or Crimea, with the exception of informational materials such as publications, films, posters, phonograph records, photographs, tapes, compact disks, and certain artworks.
In order to protect our community and marketplace, MasonJars.com takes steps to ensure compliance with sanctions programs. For example, MasonJars.com prohibits members from using their accounts while in certain geographic locations. If we have reason to believe you are operating your account from a sanctioned location, such as any of the places listed above, or are otherwise in violation of any economic sanction or trade restriction, we may suspend or terminate your use of our Services. Sellers are generally not permitted to list, buy, or sell items that originate from sanctioned areas. This includes items that pre-date sanctions since we have no way to verify when they were actually removed from the restricted location. MasonJars.com reserves the right to request that sellers provide additional information, disclose an item's country of origin in a listing, or take other steps to meet compliance obligations. We may disable listings or cancel transactions that present a risk of violating this policy.
In addition to complying with OFAC and applicable local laws, MasonJars.com sellers should be aware that other countries may have their own trade restrictions and that certain items may not be allowed for export or import under international laws. You should consult the laws of any jurisdiction when a transaction involves international parties.
MasonJars.com sellers should be aware that third-party payment processors, such as PayPal, may independently monitor transactions for sanctions compliance and may block transactions as part of their own compliance programs. MasonJars.com has no authority or control over the independent decision-making of these providers.
The economic sanctions and trade restrictions that apply to your use of the Services are subject to change, so sellers should check sanctions resources regularly. Below are some examples for educational purposes only. For legal advice, please consult a qualified professional.
MasonJars.com Professional sellers can benefit from our Seller Support. Qualifying sellers will have the ability to work with MasonJars.com to resolve cases, investigate chargebacks, deal with customer issues, assist in wholesale issues, and other issues that may arise.
MasonJars.com Professional sellers are automatically enrolled in Seller Support. To ensure your account is covered:
Avoid violating MasonJars.com policies and keep your account in good standing.
Follow MasonJars.com policies for shipping and returns.
Use accurate item photographs and descriptions.
Ship your orders on time.
Be professional and cooperate in any MasonJars.com investigations.
Please note, any transactions that take place outside of MasonJars.com are not eligible for Seller Support. Keep in mind that we also cannot guarantee a resolution in your favor.
Shipping Orders. Sellers are responsible for shipping their sold orders to customers. If a seller is using a shipping or fulfillment service, the seller is still responsible for ensuring customers receive their orders in a timely manner.
As a MasonJars.com seller, you agree to:
Provide an accurate ship from address.
Clearly define shipping costs and processing timelines.
Promptly ship orders after they are received. We ask that all orders are shipped within 2 business days of being notified of an order. Exceptions include customized items, which will follow a processing and shipping timeline determined between a seller and the MakerPlace when your items were being reviewed and approved.
Comply with all local and international shipping and customs regulations.
Ship to the address shown in the order to avoid a non-delivery case.
Orders can only be marked as shipped after it has been shipped and a proper tracking number has been scanned by the shipping carrier. By providing tracking information, you give MasonJars.com permission to collect and share tracking information from your shipping carrier with the customer. Should your shipment not arrive, you will need to provide proof of shipping. Valid proof of shipping must show the item was actually shipped and was sent to the address shown in the order. If a customer does not receive their order, they may file a case against you.
Charge an appropriate amount for shipping and handling.
Shipping Insurance. MasonJars.com recommends sellers purchase parcel insurance to protect your shipments. Insurance is available at the time you are purchasing postage. Sellers are responsible for shipping their items and any incidents that may occur. MasonJars.com does not insure your packages and is not responsible for any issues that may arise during shipping.
MasonJars.com MakerPlace shall publish Seller’s return policy on the Platform. Regardless of Seller’s published return policy, in the case that a Customer receives Goods from Seller or its agents that are damaged upon arrival or an improperly fulfilled order, Seller must work with Customer to rectify the issue. Seller agrees to replace such damaged or improperly fulfilled Goods as soon as commercially practicable following such notice by MasonJars.com MakerPlace or the Customer. Seller shall pay all costs associated with damaged goods or improperly fulfilled orders, including return shipping and shipping for the replacement item or a credit for the returned item, as applicable.
MasonJars.com fosters a safe environment for buying and selling. This policy explains prohibited behavior while using MasonJars.com.
On MasonJars.com, you cannot discriminate based on:
Any other characteristic protected under applicable law
It is your responsibility as a seller or buyer to know your local laws and any other legal regulations on discrimination that might apply to you.
Discrimination on MasonJars.com is not allowed. Examples of prohibited behavior on MasonJars.com include, but are not limited to:
Refusal of service based on membership in one or more protected group listed above
Derogatory or demeaning remarks against protected groups listed above
Posts that support or glorify current or historical hate groups
If you think discrimination has occurred on MasonJars.com, please report it by e-mailing email@example.com. If you see a product on MasonJars.com which you believe violates MasonJars.com’s Prohibited Items Policy, we encourage you to contact firstname.lastname@example.org.
MasonJars.com sellers agree to accept Mason Jars MakerPlace gift cards as a form of payment in their shop. You may not use a MakerPlace gift card to pay for seller fees.
MasonJars.com Wholesale program connects sellers with an established network of global wholesale buyers and distributors. This policy explains your rights and responsibilities as a wholesale seller.
Membership to MasonJars.com. Seller’s may participate in the MasonJars.com Wholesale Program based on their membership level with MasonJars.com. Only Professional and Anchor sellers may participate.
MasonJars.com reserves the right to approve or reject a seller, regardless of membership level, and to refuse service to anyone, for any reason, at any time.
Transactions. Completing MasonJars.com Wholesale orders or transactions outside of the MakerPlace is strictly prohibited when the communication initiated within the MakerPlace system. Transactions outside of the MakerPlace may result in account suspension or terminations of your account and subject you to other collections.
Wholesale Seller Terms. MasonJars.com wholesale sellers agree to the following:
Fees: Sales made through MasonJars.com Wholesale Program will incur transaction fees based on membership level.
Pricing: MasonJars.com maintains a minimum margin requirement to meet industry standards and the expectations of our retailer community.
You agree that the wholesale price of your items will be at least 40% less than the retail price; and
You agree that the MSRP (Manufacturer’s Suggested Retail Price) of your items will match the existing retail price.
You agree to regularly update the status of orders through the MasonJars.com Wholesale purchase order system (for example, as “Approved,” “Shipped,” or “Paid”). Failure to do so may result in the suspension or termination of your account or penalty fees.
You agree not to use MasonJars.com’s features or tools to direct transactions off MasonJars.com Wholesale, or to circumvent or manipulate our fee structure, the billing process, or fees owed to MasonJars.com in any way.
All purchase orders initiated through MasonJars.com Wholesale must remain on MasonJars.com Wholesale.
You agree to allow buyers and MasonJars.com to contact you via phone, email, or MasonJars.com’s Conversations tool regarding orders you receive. Not responding to inquiries from MasonJars.com within four (4) business days may result in the suspension or termination of your account.
You agree only to sell items on MasonJars.com Wholesale that comply with MasonJars.com’s Intellectual Property Policy.
You are solely responsible for setting up the tax rules for collecting and reporting and remitting any and all taxes applicable to any sales you make on MasonJars.com Wholesale and for requesting and inspecting any documents required for taxes or tax exemptions from Buyers.
MasonJars.com prohibits certain types of items from being listed for sale. Items that present legal risks to our community, are inconsistent with our values, are harmful to our members, or are deemed inappropriate by MasonJars.com are strictly prohibited. Sellers agree to not list prohibited items on MasonJars.com. Failure to comply can result in account suspension.
This Agreement shall commence on the Effective Date and continue in effect until terminated as set forth herein. Either party may terminate this Agreement if the other party breaches any of its material obligations hereunder and fails to cure such breach within thirty (30) days of written notice thereof. The provisions on intellectual property ownership and liability limitations shall survive termination of this Agreement.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT OR OTHERWISE, NEITHER PARTY SHALL BE LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS.
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Seller shall not assign or transfer any rights or obligations under this Agreement without the prior written approval of Mason Jars MakerPlace and any attempt to do so shall be void and without effect. This Agreement represents the complete agreement and understanding between Mason Jars MakerPlace and Seller with respect to the subject matter herein and supersedes any other written or oral agreement. The terms and conditions of this Agreement may only be modified or provision hereof waived in a writing signed by both parties. The invalidity or unenforceability of any provision of this Agreement shall not affect the enforceability or validity of any other provision. This Agreement shall be governed by the laws of the State of Pennsylvania, without regard to conflicts of laws provisions thereof. In any action to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorney's fees.
This Agreement is governed by the U.S. Federal Arbitration Act, applicable U.S. federal law, and Pennsylvania state law, without reference to any applicable conflict of laws rules, the Convention on Contracts for the International Sale of Goods, or any local laws implementing the Convention on Contracts for the International Sale of Goods in any jurisdiction where the Products are sold. Any dispute arising out of this Agreement will be resolved by binding arbitration, rather than in court. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent MMI Intellectual Property, 900 State Street, Suite 008, Erie, PA 16501. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Commercial Arbitration Rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Arbitration conducted in person will be in Erie County, Pennsylvania or at another mutually agreed location; however, you may choose to have the arbitration conducted by telephone or based on written submissions. You and we each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration you and we each waive any right to a jury trial. You and we also both agree that you or we may bring suit in court to enjoin infringement or other misuses of intellectual property rights.
Seller represents and warrants that it has the right to execute this Agreement authorizing the use of the Property, including any photographs, video, or marketing materials, provided by Seller to Mason Jars MakerPlace and that, to the best of its knowledge, the Property, including any photographs provided by Seller to Mason Jars MakerPlace, does not and shall not infringe upon the proprietary or intellectual property rights of any third party.
SELLER AGREES TO INDEMNIFY AND HEREBY HOLDS MASON JARS MAKERPLACE AND ITS RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES AND EXPENSES) BASED ON, RELATING TO OR OTHERWISE ARISING OUT OF ANY THIRD PARTY CLAIM THAT MASON JARS MAKERPLACE’S USE OF THE PROPERTY PROVIDED BY SELLER TO MASON JARS MAKERPLACE, INCLUDING ANY PHOTOGRAPHS, INFRINGES OR OTHERWISE MISAPPROPRIATES ANY INTELLECTUAL PROPERTY RIGHT(S) OF ANY THIRD PARTY OR VIOLATES ANY MORAL OR PERSONAL RIGHTS, INCLUDING RIGHTS OF PUBLICITY AND PRIVACY.
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We reserve the right to change any of the terms and conditions contained in this Agreement, including any Program Policies incorporated herein, at any time and in its sole discretion. Any changes will be effective upon the earlier to occur of: (a) emailing the revised terms and conditions or Program Policies, or notice of such changes, to you at your e-mail address; or (b) posting the revised terms, conditions or Program Policies on Mason Jars MakerPlace. You are responsible for reviewing any revised terms, conditions, policies, guidelines, and information, and any notices of revisions. YOUR CONTINUED ACCEPTANCE OF PURCHASE ORDERS OR CONTINUED USE OF MASON JARS MAKERPLACE FOLLOWING OUR EMAILING OR POSTING OF ANY REVISED TERMS, CONDITIONS, OR PROGRAM POLICIES, OR ANY NOTICE OF ANY SUCH REVISIONS, WILL CONSTITUTE YOUR ACCEPTANCE OF THE REVISIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT OR THE PROGRAM POLICIES, YOU MUST STOP ACCEPTING TRANSACTIONS AND STOP USING MASON JARS MAKERPLACE, AND GIVE US WRITTEN NOTICE.
BY ACCEPTING THE TERMS AND CONDITIONS SET FORTH ABOVE, SELLER IS INDICATING THAT SELLER HAS READ, UNDERSTOOD AND IS AGREEING TO THIS AGREEMENT.
Date: 12/05/2017 Rev#: 12052017 Notes: First Draft