Marketing Partner and Vendor Agreement (Terms & Conditions)
The Site is operated by SAV Enterprises, which reserves the right to make changes to this Marketing Partner agreement at any time. Changes to the marketplace seller agreement may occur without notice to Marketing Partners. Any changes to this agreement are effective when the changes are posted to the Website. Continuing to post content or sell items on the Website will constitute the Marketing Partner’s agreement to the new Marketing Partner agreement. It is responsibility of the Marketing Partner to review the changes and decide whether to continue to use the Website.
AboutTheValley provides an online service which allows third party sellers to sell their products to buyers. AboutTheValley does not act as the agent for either buyers or sellers. The Website provides a platform for these transactions to take place.
Marketing Partners must first register for a member account or log into an existing account to post content to the Website. They must also complete the Vendor Application before setting up their online store or adding products or services for sell. Marketing Partners are expected to update information in a timely manner to maintain accuracy and completeness. Marketing Partners are responsible for any content added to the Website via their member or vendor account. Member Partner accounts are not transferable and non-assignable without express written permission from AboutTheValley.com
AboutTheValley.com charges all vendors a flat fee of 11% based on the sale price of the item. Vendor fees are automatically deducted from the sale of the item before payment is made to the Vendor. Fees may change at any time without notice. The fee in effect on the date of sale of the item shall be the fee charged for the transaction. By listing an item for sale in our marketplace, you agree to pay the applicable fees and any collection costs related to non-payment of fees. Any fees not collected are payable upon demand.
Marketing Partner Responsibilities
AboutTheValley requires Marketing Partners to provide timely support to the customers on our Website, ideally within 24 hours, but within 2 business days. If possible, all communications should be kept within the Website messaging center. All orders should be shipped to customers within 48hrs unless arrangements have been made for local pickup. Marketing Partners are required to provide shipping notification within 4 days. Failure to do so may cause any transaction and any associated payment to be canceled at AboutTheValley’s sole discretion. As part of the Marketing Partner Agreement you are contracted to adhere to, it is your responsibility to deliver the items contained within an order to the Buyer and you waive your ability to win any disputes if the customer says the package did not arrive due to not having Delivery Confirmation or Tracking. Failure to ship by the provided date or within the shipping details listed on their online store on on the individual item may be grounds for termination of Marketing Partner Account. Member Partners agree to honor any Daily Deals, Coupons or other specials offered on the website and presented in person or online for redemption.
Marketing Partners cannot list or sell items that: infringe upon intellectual property rights or are illegal, fake, counterfeit, or stolen. Items listed for sale must be include an accurate description of the products or service. AboutTheValley reserves the right to refuse service to anyone at any time for any reason.
Any products deemed not suitable for the Website may be removed at any time without notice.
By listing an item in the Website, Marketing Partners agree that they have the right to sell the item, the item is in their possession and that the description provided in the listing is complete and accurate.
After a sale is finalized, AboutTheValley credits the sale price and any tax and shipping to the seller’s account. Selling fees are debited against the total amount. The funds in Marketing Partners accounts are paid via Paypal weekly. Marketing Partners may also manually request payment after the amount due reaches fifty dollars.
Refunds are the sole responsibility of the Marketing Partner. AboutTheValley may issue a refund to a buyer or cancel an order, at it’s discretion, if payment has not yet been made to Marketing Partner.
AboutTheValley will not be liable to seller: (i) if we do not proceed with a transaction, disbursement, or adjustment for any reason, or (ii) if we permit a buyer to withdraw from a transaction because of issues involving the sold item or Marketing Partner’s account.
If AboutTheValley reasonably concludes based on information available to us that seller’s actions and/or performance in connection with the Website may result in buyer disputes, chargebacks or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due in connection with this marketplace agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any seller actions and/or performance in connection with this marketplace agreement. We will not be liable to seller if we act in accordance with the provisions of this Section.
It is solely the Marketing Partner’s responsibility to collect and remit any taxes associated with a transaction. The Website may provide tools that allow a user to charge sales tax on transactions, but AboutTheValley will not be held responsible for the collection or lack of collection of any taxes due to the use of these tools. AboutTheValley is not responsible for determining when tax should be charged.
Marketing Partners are solely responsible for accepting and processing any returns, refunds and adjustments in accordance with this agreement and any return policies on the Website at the time of the applicable order. Marketing Partners will determine and calculate the amount of all refunds and adjustments (including any taxes, shipping and handling or other charges) or other amounts to be paid by Marketing Partner to buyers in connection with AboutTheValley Store purchases. You will promptly provide refunds and adjustments that you are obligated to provide under the applicable return policy and as required by law, and in no case later than thirty (30) days after the obligation arises.
AboutTheValley reserves the right to terminate a seller’s participation in the marketplace at any time for any reason at its sole discretion, with or without notice to seller. AboutTheValley reserves the right to monitor user accounts to determine if policies or laws are being broken. AboutTheValley reserves the right to remove or edit any content supplied by users. Any illegal or fraudulent activity may be reported to law enforcement or other third parties. Upon termination, seller must pay AboutTheValley any fees that were incurred prior to the effective date of termination, and any pending transactions will be canceled.
AboutTheValley reserves the right, upon termination, to offset against any payments to be made to seller, an amount determined by AboutTheValley to be adequate to cover chargebacks, refunds, adjustments or other amounts paid to buyers in connection with marketplace purchases from seller’s account for a prospective ninety (90) days. At the end of the ninety (90) day period, AboutTheValley will disburse to seller any amount not used to offset chargebacks, refunds, adjustments, or such other amounts paid to buyers, or seek reimbursement from seller via any of the means authorized in this marketplace agreement for any additional amount required to offset chargebacks, refunds, adjustments, or other amounts paid to buyers, as applicable.
AboutTheValley Stores and other Marketplace areas are provided as is and without warranty. AboutTheValley makes no warranties of any kind, expressed or implied. We strive to provide our marketplace 24 hours a day 365 days a year, but we do not guaranty our marketplace will always be available. AboutTheValley will not be liable for any loss due to our marketplace not being available. AboutTheValley will not be liable for any loss due to errors in our software or the software of others that we use.
Risk of Loss
Marketing Partner will bear all other risk of fraud or loss that are not fulfilled strictly in accordance with the order information and shipping information that we provide you. AboutTheValley reserves the right to seek reimbursement from the seller if we, in our sole discretion, decide to reimburse the buyer, provide a refund to the buyer if the seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a chargeback from a buyer’s credit card issuer or Paypal account for the amount of the buyer’s purchase from the seller. AboutTheValley may obtain reimbursement of any amounts owed by the seller to AboutTheValley by deducting from future payments owed to the seller, reversing any credits to the Account, debiting the seller’s bank account, charging the seller’s credit card, or seeking such reimbursement from the seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or Paypal account.
Indenity/Limitation of Liability
Marketing Partners will defend, indemnify and hold harmless AboutTheValley and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys’ fees) arising out of any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this marketplace agreement; or (ii) your own website or other sales channels, the products you sell, any content you provide, the advertisement, offer, sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or the collection, payment or failure to collect or pay any taxes.
AboutTheValley WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS MARKETPLACE AGREEMENT, THE WEBSITE, THE INABILITY TO USE THE SITE OR THE MARKETPLACE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO VIA THE SITE.
Because AboutTheValley is not directly involved with transactions between buyers and sellers, you agree to release AboutTheValley from claims, demands, and damages related to transaction disputes. If a dispute arises, buyers and sellers are expected to deal with each other to come to a resolution.
Any claim against AboutTheValley in relation to our marketplace shall be adjudicated in a court in Limestone County, AL and you agree to exclusive jurisdiction of these courts. This agreement shall be governed by Alabama law, without regard to conflict of laws principles thereof.
By agreeing to the Marketing Partner agreement, you grant the royalty-free use of any content you submit to us. You represent that you own any content you submit to us or you have the right to distribute submitted content. You will be responsible for any violation of rights for unauthorized content.
If any section of this agreement is deemed unlawful, void or unenforceable, then that section shall be deemed severable and the remainder of the agreement will remain in force. Failure to enforce any section of this agreement by AboutTheValley does not constitute a waiver of AboutTheValley’s right to enforce such section or any other section in the future.