Local Small Vendor Policy: Rock City Market requires all vendors to be based in the state of Arkansas, which may be interpreted as a permanent residence by the business owner in the state or the headquarters for the business located in the state. We also focus on small vendors and require all businesses to hold less than 500 employees. At any point, Rock City Market reserves the right to request verification for either of these two requirements.
Right of Refusal: Rock City Market is an at-will marketplace, we reserve the right to refuse any vendor or item without cause. Likewise, every vendor is free to remove or add items to the market place or withdraw from the market place. We do request a courtesy 15-day notice of full withdraw from the marketplace to account for any active or planned promotion.
Taxes, License, Certifications, and Permits: You are required to maintain any applicable business license and certifications to sell your product. You also agree that your product is produced in a manner that is required by any governing bodies including but not limited to, the Arkansas State Health Department, Department of Human Services, Alcoholic Beverage Control Board, and local fire departments, and you hold any required certificates and permits by those parties. Rock City Market will automatically collect standard sales taxes based on the location of the buyer, which will be included in the vendor payout. You are required to correctly remit any and all taxes for products sold. If additional taxes are required (ex: A&P, beer, wine, liquor) you are required to notify Rock City Market before selling your product to account for any changes needed to the tax structure or price of the product to account for the required taxes. Any business that is exempt for whatever reason from paying sales tax you must notify Rock City Market before selling your product to have the rate adjusted.
Payment and Commission Rate: Rock City Market will take all payments from customers using the payment processing of our choice. You will be allowed to select payout through Stripe, Paypal, or through direct bank transfer. Payouts through stripe are issued automatically once the order is marked complete. Payouts through Paypal or direct bank transfer may be requested through the vendor dashboard and will be processed once a week on orders that are marked complete. Rock City Market will take a commission from each transaction at an agreed-upon rate between 5-15% along with any shipping costs paid by the customer.
Product Shipping: Unless otherwise designated, Rock City Market is responsible for the initial shipping cost of any products being delivered by USPS according to the provided product specifications entered by you. Any changes to the final shipping cost due to incorrect product weight, dimensions, or specified shipping class will be paid by you. Rock City Market will provide you with a shipping label after the customer purchase. You agree to ship your product (unless otherwise agreed upon) within 3 business days of purchase. You are responsible for packaging, product protection, securing the package, and delivery to your local post office or making arrangements for pickup.
Confidentiality: You and any associates, employees, or affiliates agree to not disclose any confidential information related to Rock City Market. This includes, but is not limited to, commission rates and structure, business plans, business methods, business practices, and future plans you may be aware of. You also agree to request consent before using any Rock City Market logos or materials.
Promotion Consent: You agree that Rock City Market may use any of your branding, name, product images, and information in our promotional material, advertising, and social media.
Product Material and Information: Product Images/Information: On an ongoing basis, you will provide us, free of charge, all current Product information, including electronic images and any Product information or warnings required by law to be disclosed in any sale or advertisement of the Product (“Product Information”). Product Information also includes any Product information collected by us from your website, or otherwise made available to us by you (or by a third party at your direction). You grant us a non-exclusive, worldwide, perpetual, irrevocable and royalty-free license to: (a) use, copy, display, perform, and distribute the Product Information on or in connection with any online or offline point of presence, mobile application, service or feature; (b) excerpt, reformat, adapt or otherwise create derivative works of the Product Information; (c) use all trademarks or trade names included in the Product Effective April 28, 2020 Information; and (d) sublicense any of the foregoing rights to third parties in connection with our programs or services (for example, to advertise your Products). You will promptly provide all information regarding safety, compliance, industry standards or testing related to your Products (“Product Safety Information”) that we reasonably request.
Representations, Warranties, and Covenants: You represent, warrant, and covenant on an ongoing basis that: (a) the Products are genuine and free from defects; (b) all materials and other items incorporated into the Products are new (not refurbished or reconditioned), unless you have received our prior written consent otherwise; (c) the Product Information, Product Safety Information, packaging, and labeling is true, accurate and complete; (d) the Products, Product Information, and our exercise of our license rights in this Agreement, will not violate any third party rights, including intellectual property rights; (e) you will comply with all applicable laws and rules relating to the Products (including obtaining and maintaining any permits or licenses required to manufacture, distribute, sell, export, import or otherwise deal in any Product), and the Products, Product Information, packaging, labeling, export, and import documentation (if applicable) will comply with all applicable laws and rules; (f) the Products may be lawfully marketed, stored, sold, distributed, and disposed of without restriction (e.g., no required disclosures, licenses, or registrations) other than any specific restrictions or prohibitions you disclose and we consent to in writing in advance of shipment to us, and you will notify Rock City Market in writing of all customer requirements that are required under applicable law for Business-Only Products identified by you; (g) no Product is, or contains ingredients that are, regulated as a controlled drug or substance, or is listed as a regulated chemical; (h) no Products will be provided to us that are regulated as a hazardous or dangerous product or material, except as expressly permitted under applicable Program Policies or you disclose to us and we consent to in writing in advance of shipment to us; and (i) the Products were produced, manufactured, assembled, and packaged in compliance with all applicable labor, wage, and hour laws and rules (including the U.S. Fair Labor Standards Act, if applicable), and no Products were produced, manufactured, assembled, or packaged by forced, prison or child labor (defined as age 15 or the minimum working age within the applicable jurisdiction, whichever is older); (j) the country of origin of the Products is not subject to U.S. or other applicable government sanctions that prohibit the importation of products from such country at the time of import or at the time you deliver the Products to us; (k) you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party.
Product Returns: You assume full return and warranty responsibility for all products that are returned under the active return policy. The cost of reimbursement to the customer will be paid by you based on the purchase rates. You may be additionally responsible for return and exchange shipping costs incurred during the return.
Vendor Defense and Indemnification: You will defend, indemnify, and hold harmless Rock City Market, its affiliated companies, and their respective officers, directors, employees, and contract staff against any third party claim, liability, loss, damage, cost or expense (including reasonable legal fees) (each, a “Claim”, and collectively, the “Claims”) incurred by any Rock City Market Party arising from or relating to: (a) any death of or injury to any person, damage to any property or any other damage or loss related to any Product; (b) any Product recall or safety alert; (c) any infringement or misappropriation of any third party rights, including intellectual property rights, by any Product, Product Information, or other content you provide to us; (d) your negligence or intentional misconduct; (e) your breach of this Agreement; (f) any Product-related issue for which you or we are strictly liable; or (g) your failure to state accurate Product Information, or to promptly provide accurate Product Safety Information upon our reasonable request. You will not consent to the entry of a judgment or settle any Claim without the Rock City Market’s prior written consent, which may not be unreasonably withheld. You will use counsel reasonably satisfactory to the Rock City Market, and the Rock City Market will cooperate in the defense at your expense. If any Rock City Market Party reasonably determines that any Claim might have an adverse effect, that Rock City Market may take control of the defense at its expense (without limiting your indemnification obligations). Your obligations under this Section 5 are independent of your other obligations under this Agreement.
Limitation of Liability: NEITHER PARTY IS LIABLE TO THE OTHER FOR ANY LOSS OF PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR INDIRECT DAMAGES ARISING IN CONNECTION WITH THIS AGREEMENT, EXCEPT FOR THOSE ARISING IN CONNECTION WITH YOUR DEFENSE AND INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT.