Vendor Agreement

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Disclaimer: This is a template agreement for illustrative purposes only. It is not legal advice. You should consult with a qualified legal professional in Kenya to ensure any agreement you use is compliant with local laws and tailored to your specific business needs.

1. Introduction & Definitions

This Vendor Agreement ("Agreement") is a legally binding contract between you, the vendor ("Vendor", "you"), and MamaStrength Global ("Platform", "we", "us"). This Agreement governs your access to and use of the MamaStrength Global online marketplace ("Marketplace") to list, market, and sell your products ("Products"). By creating a vendor account, you agree to be bound by these terms.

2. Vendor Onboarding and Account

2.1. Application: To become a Vendor, you must complete the Vendor Application form. You represent and warrant that all information provided is accurate, current, and complete.

2.2. Approval: We reserve the right to approve or reject any application in our sole discretion based on our brand values, product quality standards, and other business considerations.

2.3. Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3. Product Listings & Quality Standards

3.1. Permitted Products: All products listed must align with the MamaStrength Global brand ethos of natural, wholesome, and ethically sourced goods. Prohibited items include, but are not limited to, products with artificial additives, non-food items (unless pre-approved), and any products that make unsubstantiated health claims.

3.2. Product Information: You are solely responsible for the accuracy and completeness of your product listings, including descriptions, ingredients, origin, pricing, and imagery. All information must be truthful and not misleading.

3.3. Quality & Compliance: You warrant that all Products you sell are safe, of high quality, and comply with all applicable Kenyan laws and regulations, including those set by the Kenya Bureau of Standards (KEBS) and any relevant food safety authorities.

3.4. Approval Process: Each new product listing is subject to review and approval by the Platform before it becomes visible on the Marketplace. We reserve the right to remove any listing that violates our standards at any time.

4. Pricing, Fees, and Payment

4.1. Commission: We will charge a commission fee ("Commission") on the total sale price of each Product sold through the Marketplace. The current Commission rate will be communicated to you upon approval and is subject to change with 30 days' notice.

4.2. Payment Processing: All payments from customers will be processed through the Platform's designated payment gateways.

4.3. Payouts: Payouts of your net earnings (total sales minus Commission and any applicable transaction fees) will be made on a [e.g., bi-weekly, monthly] basis to your designated bank account or mobile money account. A minimum payout amount may apply.

4.4. Taxes: You are solely responsible for determining and remitting all applicable taxes, including but not limited to VAT, on your sales in accordance with the regulations of the Kenya Revenue Authority (KRA).

5. Order Fulfillment and Customer Service

5.1. Fulfillment: You are responsible for the timely and accurate fulfillment of all orders for your Products, including packaging and arranging for shipment to the customer.

5.2. Customer Service: You agree to provide a high standard of customer service for inquiries related to your Products. The Platform will handle initial customer contact and route product-specific questions to you.

5.3. Returns and Refunds: You agree to comply with the Platform's return policy. You will be responsible for handling returns and refunds for your Products, unless the issue is due to a fault of the Platform's fulfillment or payment process.

6. Intellectual Property

6.1. Your IP: You retain all intellectual property rights to your brand, logos, and product imagery ("Vendor IP"). You grant us a non-exclusive, worldwide, royalty-free license to use your Vendor IP in connection with the marketing and operation of the Marketplace.

6.2. Platform IP: We retain all intellectual property rights to the MamaStrength Global brand, website, and Marketplace technology.

7. Data Protection

In accordance with the Data Protection Act, 2019 of Kenya, we will handle all personal data lawfully. Customer information provided to you for the purpose of order fulfillment shall be used for that purpose only and must not be used for any other marketing or sold to third parties.

8. Termination

8.1. Termination by You: You may terminate this Agreement at any time by providing 30 days' written notice.

8.2. Termination by Us: We may suspend or terminate this Agreement immediately if you breach any of its terms, receive consistently poor customer reviews, or for any other reason in our sole discretion.

8.3. Effect of Termination: Upon termination, your account will be deactivated, and your product listings will be removed. You remain obligated to fulfill any pending orders and handle any outstanding customer service issues.

9. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya. Any dispute arising out of or in connection with this Agreement shall first be attempted to be resolved through amicable negotiation. If negotiation fails, the dispute shall be referred to arbitration in Nairobi, Kenya, in accordance with the Arbitration Act, 1995.