Terms & Conditions
Terms and Conditions of the ForGoodz Platform
THIS ForGoodz Seller AGREEMENT (“Agreement”) is entered into upon signup on the ForGoodz platform to provide and sell certain merchandise on a Hosts event page as set forth herein. In consideration of the mutual promises set forth below, the parties agree to the conditions of this Agreement:
WHEREAS, Hosts will host an event as a fundraiser designed to raise money on behalf of their cause of choice.
WHEREAS, a host desires that Seller provide certain merchandise (“Merchandise”) for sale as part of the Event and Seller desires to participate in the same;
NOW THEREFORE, in consideration of the mutual promises herein contained, the parties agree as follows:
- FUNDRAISER. Seller acknowledges that the Event is a fundraiser designed to raise money for the Host. As such, and in consideration for the right to sell Merchandise at the Event, Seller to the following: agrees to pay the PA the following:
- Sales Commission. Seller agrees to pay to the Host a sum equal to THIRTY percent (30%) of Seller’s gross merchandise sales less California State Tax and any transaction fees related to its sales such as shipping. 15% goes to the Host and the other 15% covers transaction fees, accounting and ForGoodz platform.
- Seller Fee: Seller agrees to pay to the Host a non-refundable one-time fee stated on each Hosts Event registration page which guarantees Seller’s store in the online Event.
- DATES AND LENGTH OF EVENT. Per the Hosts choice, events can be limited in time or ongoing at their discretion.
- SET-UP OF ForGoodz STORE. Seller acknowledges that they are solely responsible for uploading and managing their online platform one week prior to Event launch. You are also responsible for being prompt and courteous with shoppers during the online Event.
- SELLER RESPONSIBILITIES, REPRESENTATION AND WARRANTIES.
- Representations and Warranties: Seller represents and warrants that: (i) it shall at all times comply with all Host rules and policies and all federal, state, county and city and local laws, rules and regulations applicable to the sale of Merchandise; (ii) no Merchandise offered for sale at the Event is or has been subject to a recall or warning from any Government or other regulatory body; and (iii) Seller is authorized to sell all Merchandise offered at the Event.
- All sales made during an event must occur through the ForGoodz platform if the initial intention was to do so. Should ForGoodz become aware of any ‘side-deals’ you should forfeit your right to any sales and membership on the ForGoodz platform.
- VENDOR AND HOST PAYOUTS. ForGoodz will forward 70% of the pre-tax sale price plus 100% of all sales tax and shipping charges collected to the Seller. ForGoodz will forward 15% of pre-tax sales to Hosts for products purchased on specific Events related to said Host. ForGoodz will use its good-faith efforts to make such payment within 14 days from close of Event. If Events are ongoing, payouts will be processed every 14 days.
- WAIVER OF CLAIMS AND LIMITATION OF LIABILITY. Seller voluntarily and explicitly releases and waives all claims and rights of action against the Host, ForGoodz, and individuals associated with the Host for all injuries, damages or losses of any kind arising out of or in any way connected with Seller’s participation at the Event. Nor shall a Host or ForGoodz have any responsibility or liability under any circumstances for any claims, problems, liabilities, damages or losses arising from, related to or involving defective Merchandise, failure to delivery Merchandise, claims involving authenticity or warranties or any other matter with respect to the merchandise offered or sold by Seller. THE HOST AND FORGOODZ SHALL HAVE NO MONETARY LIABILITY TO SELLER BY REASON OF ANY ACT OR OMISSION OF HOST OR FORGOODZ OR IN ANY OTHER WAY RELATED TO THE EVENT.
- INDEMNIFICATION. Seller shall indemnify, defend and hold harmless the Host, ForGoodz, the Event Chairs and the Host’s affiliates, officers, directors, employees, agents, trustees, volunteers or contractors from and against and in respect of any and all claims, losses, damages, expenses, obligations, penalties, demands, suits, procedures, assessments, judgments, costs and liabilities (including costs of collection, investigation, attorneys’ fees and other costs of defenses) incurred by them, arising, in whole or in part, out of or resulting from: (i) the negligent acts or omissions or willful misconduct of Seller or its employees, agents or contractors; (ii) any breach of Seller’s obligations, representations and/or warranties set forth herein, including without limitation the failure to effect and maintain insurance as is required in Section 6, above; and (iii) the death of or injury to any person or any damage to or loss of property arising out of or resulting from or related to the Seller’s services provided in accordance with this Agreement, except to the extent caused by the gross negligence or willful misconduct of the Host.
- RELATIONSHIP OF THE PARTIES. All parties hereto acknowledge and agree that under no circumstances shall Seller be deemed an employee, agent or representative of the Host or ForGoodz, nor by virtue of this Agreement shall any employee, contractor, subcontractor or agent of Seller in any way be deemed an employee, agent or representative of a Host or ForGoodz. Seller specifically acknowledges that it is NOT covered by Host’s workers’ compensation policy.
- TERMINATION. The Host and ForGoodz may terminate this Agreement for its own convenience at any time including up to and during the Event.
- FORCE MAJEURE. No party shall be held responsible or liable if the fulfillment of any terms or provisions of this Agreement are delayed or prevented by revolutions or other disorders, wars, acts of enemies, fires, floods, earthquakes, acts of God or without limiting the foregoing, by any other cause not within the reasonable control of the party whose performance is interfered with and which by the exercise of reasonable diligence the party is unable to prevent (a “Force Majeure Event”). In the event a Force Majeure Event occurs, the affected party shall promptly notify the other of the occurrence and the particulars of such Force Majeure Event and shall further provide the affected party with its best estimate of the duration of such Event and with notice of the termination thereof. Neither party shall be liable to the other for any damages arising out of or relating to the suspension or termination of any of its obligations or duties hereunder by reason of the occurrence of a Force Majeure Event, provided however that Hosts shall be under NO obligation to return the Seller Fee or the Auction Donation to Seller.
- Chargebacks, Returns, & Disputes. In the event of returns and disputes, all transactions made on the ForGoodz platform will be under the discretion and agreement of a Sellers return/exchange policy and be handled directly between the Purchaser and Seller.
- COMPLETE AGREEMENT. This Agreement and the Attachments thereto contain the entire agreement between the parties related to the Event, and supersedes any prior agreements or representations, whether oral or written, not contained in this Agreement.