Print Partner Terms & Conditions — United States

1. Agreement Overview

These Terms & Conditions ("Agreement") govern the relationship between you ("Print Partner" / "Partner") and MerchNique Inc. ("MerchNique" / "Company"). By registering as a Print Partner on the MerchNique platform, you agree to be bound by these terms, our Privacy Policy, and all applicable federal and state laws of the United States.

2. Eligibility & Registration

• You must be a registered business entity in the United States (Sole Proprietorship, LLC, Corporation, or Partnership).
• You must possess a valid EIN (Employer Identification Number) or SSN (for sole proprietors).
• You must have verifiable print production capabilities.
• MerchNique reserves the right to reject any application at its sole discretion.
• Background verification may be conducted through third-party services.

3. Commission & Pricing

• Platform Commission: MerchNique charges a 12% commission on the selling price of each order fulfilled by the Partner.
• Tier-Based Discounts: Partners may qualify for reduced commission rates (as low as 8%) based on performance tier.
• Currency: All transactions are in US Dollars (USD).
• Tax Reporting: MerchNique will issue Form 1099-K for Partners exceeding IRS reporting thresholds. Partners are responsible for their own federal, state, and local tax obligations.
• Sales Tax: MerchNique collects and remits sales tax where required by marketplace facilitator laws.

4. Payouts

• Payouts are processed bi-weekly (1st and 15th of each month) via ACH bank transfer, PayPal, or Stripe Connect.
• Minimum payout threshold: $50.
• A W-9 form must be on file before any payout can be issued.
• Payout disputes must be raised within 30 days of the payout date.
• MerchNique reserves the right to hold payouts if quality complaints, chargebacks, or fraud investigations are pending.

5. Order Fulfillment & Quality

• Partners must fulfill orders within the committed production timeline (default: 5 business days for US orders).
• Products must meet MerchNique quality standards. Quality check photos (minimum 2) are required before dispatch.
• Shipping is handled via USPS, UPS, or FedEx. Partners are responsible for packaging and handing off to the carrier.
• Defective products or quality failures will incur penalties ($25 per incident after 3 warnings).
• Repeated quality failures may result in account suspension or termination.

6. Returns & Refunds

• US orders follow a 30-day return/refund window from delivery, in compliance with FTC guidelines.
• If a return is due to Partner's fault (print defect, wrong size, wrong design), the Partner bears the return shipping cost and must provide replacement or refund.
• Chargebacks resulting from Partner-fault issues will be deducted from Partner payouts.

7. Intellectual Property

• Partners must not reproduce, sell, or distribute any Creator designs outside the MerchNique platform.
• Partners warrant that their own products do not infringe any US patents, trademarks, copyrights, or other intellectual property rights.
• DMCA compliance: MerchNique will promptly remove any content reported as infringing under the Digital Millennium Copyright Act.
• Counterfeit merchandise production results in immediate termination and referral to law enforcement.

8. Data Protection & Privacy

Partners must comply with applicable US privacy laws including CCPA (California Consumer Privacy Act), CAN-SPAM Act, and any applicable state privacy laws. Customer personal information received for order fulfillment must be handled in accordance with our Privacy Policy and must not be used for any unauthorized purpose.

9. Indemnification

Partner agrees to indemnify, defend, and hold harmless MerchNique, its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, or expenses arising out of or in connection with Partner's breach of this Agreement, product defects, or intellectual property infringement.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MERCHNIQUE'S TOTAL LIABILITY SHALL NOT EXCEED THE TOTAL COMMISSIONS PAID TO THE PARTNER IN THE 12 MONTHS PRECEDING THE CLAIM. MERCHNIQUE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11. Termination

• Either party may terminate this Agreement with 30 days written notice.
• MerchNique may immediately terminate for cause: fraud, counterfeit production, material breach, or violation of law.
• Upon termination, pending payouts will be settled within 30 days, minus any chargebacks, penalties, or deductions.

12. Dispute Resolution & Arbitration

Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware. Each party shall bear its own costs. CLASS ACTION WAIVER: Both parties agree to resolve disputes on an individual basis and waive any right to participate in a class action lawsuit or class-wide arbitration.

13. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

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