The terms under which independent sellers list and sell through the DeafMonitor Shop.
This Seller Agreement (“Agreement”) is entered into between DeafMonitor, LLC (“DeafMonitor”, “we”, “us”) and the individual or entity opening a shop (“Seller”, “you”) on the DeafMonitor marketplace at deafmonitor.com/shop (the “Shop”). It supplements and incorporates by reference the DeafMonitor Terms of Service, Privacy Policy, and Return Policy. Conflicts between documents are resolved in favor of this Agreement for marketplace-specific matters.
By acknowledging the 5% platform fee, connecting a Stripe Express account, and/or publishing a product listing, you accept this Agreement.
To sell on the Shop, you must:
DeafMonitor retains a platform fee equal to five percent (5%) of the gross transaction amount on each completed sale (the “Platform Fee”). The Platform Fee is collected automatically through Stripe Connect at the time of payment via an application-fee parameter on the charge. The remaining ninety-five percent (95%) of the gross transaction amount is transferred to the Seller’s connected Stripe account, less any separate Stripe processing, payout, and dispute fees charged by Stripe directly to the Seller.
On a full refund, DeafMonitor returns the corresponding Platform Fee together with the payout reversal. On a partial refund, the Platform Fee is pro-rated to the refunded amount.
DeafMonitor may change the Platform Fee on at least thirty (30) days’ advance notice to existing Sellers; Sellers who do not agree to the new rate may terminate their shop under Section 13 before the new rate takes effect.
Sellers may not list, offer, or sell any of the following:
DeafMonitor may unpublish or remove listings that violate this Section without notice and may suspend or terminate Seller shops for repeat violations.
Sellers are solely responsible for all product listings, including:
DeafMonitor does not pre-approve listings and does not guarantee listing placement, visibility, or sales volume.
Sellers must:
Sellers bear the risk of loss until the carrier confirms delivery to the address provided by the buyer.
Sellers agree to the DeafMonitor Return Policy, including the minimum baseline protections afforded to buyers. Sellers may offer more protective individual return policies but may not offer less protective terms.
Sellers are responsible for all refunds within their stated return window. For unresolved disputes, DeafMonitor may, under Section 6 of the Return Policy, issue refunds from pending Seller payouts or other available balances.
Sellers are liable for all chargebacks and chargeback-related fees charged by Stripe. Excessive chargebacks (as reasonably determined by DeafMonitor in consultation with Stripe thresholds) may result in suspension or termination.
DeafMonitor does not collect or remit sales, use, VAT, or GST taxes on behalf of Sellers except where required by applicable marketplace-facilitator laws. Sellers are responsible for determining, collecting, and remitting all applicable taxes on their sales, including business income taxes and any permits or licenses required to conduct business in their jurisdiction.
Stripe may issue Form 1099-K (or the equivalent in your jurisdiction) directly to Sellers who meet the applicable reporting threshold.
Sellers retain all intellectual-property rights in their products and original listing content. By publishing a listing, Seller grants DeafMonitor a worldwide, non-exclusive, royalty-free, sublicensable license to host, display, reproduce, distribute, and promote the listing content on the Platform and in marketing materials for the Shop during the term of this Agreement and for a reasonable wind-down period thereafter.
DeafMonitor will respond to valid DMCA and equivalent takedown notices and may remove listings based on a good-faith belief of infringement. Repeat infringers will be terminated.
Sellers receive buyer information solely for order fulfillment, returns, and directly related customer service. Sellers may not use buyer data for unsolicited marketing, re-sale, or any purpose unrelated to the transaction. Sellers must comply with all applicable privacy and data-protection laws (including, where applicable, the CCPA, GDPR, and CPRA) and must promptly notify DeafMonitor of any data-security incident involving buyer information obtained through the Shop.
Payments are processed exclusively through Stripe Connect Express. By onboarding, you separately agree to the Stripe Connected Account Agreement and the Stripe Services Agreement. Stripe’s risk, compliance, and payout decisions are independent of DeafMonitor; where Stripe withholds, delays, or reverses funds, DeafMonitor is not a party to and is not liable for that decision.
Seller represents and warrants that:
Either party may terminate this Agreement at any time, with or without cause, by providing written notice. DeafMonitor may also suspend or terminate a Seller’s shop immediately for:
On termination, pending orders must be fulfilled or refunded. DeafMonitor may withhold payouts reasonably necessary to cover anticipated refunds, chargebacks, or Platform-Fee reconciliations for up to ninety (90) days.
Seller agrees to defend, indemnify, and hold harmless DeafMonitor and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) Seller’s products or services; (b) Seller’s listings and content; (c) Seller’s breach of this Agreement or applicable law; (d) disputes between Seller and any buyer; and (e) any tax obligation of Seller.
THE PLATFORM IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. DEAFMONITOR DOES NOT GUARANTEE ANY LEVEL OF SALES, TRAFFIC, VISIBILITY, OR PAYOUT TIMING. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DEAFMONITOR’S AGGREGATE LIABILITY TO SELLER UNDER THIS AGREEMENT IS LIMITED TO THE GREATER OF (i) THE PLATFORM FEES RETAINED FROM SELLER IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, AND (ii) ONE HUNDRED U.S. DOLLARS ($100). DEAFMONITOR IS NOT LIABLE FOR INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES.
DeafMonitor may update this Agreement on at least thirty (30) days’ advance notice to active Sellers, except for changes required by law or Stripe, which may take effect sooner. Continued use of the Shop after the effective date constitutes acceptance. Material changes will bump the version number shown at the top of this page and may require a fresh in-product acknowledgement.
This Agreement is governed by the laws of the State of Minnesota, United States, without regard to conflict-of-laws principles. The parties will first attempt to resolve any dispute through good-faith negotiation. Unresolved disputes will be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Hennepin County, Minnesota. Nothing in this Section prevents either party from seeking injunctive relief to protect intellectual property.
This Agreement is the entire agreement between the parties with respect to the Shop and supersedes any prior agreement on the same subject. If any provision is held unenforceable, the remainder will remain in effect. Neither party may assign this Agreement without the other’s written consent, except that DeafMonitor may assign to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.
Notices to DeafMonitor: [email protected]. Notices to Seller: the email address on file in the Seller’s DeafMonitor account.
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