VENDOR TERMS & CONDITIONS

Thank you for your interest in becoming a Monterey Premier Vendor. Here you will find a list of our basic Terms & Conditions for being a vendor.

  1. Becoming A Vendor.
    1. At Monterey Premier, we want to provide our customers with the quality and assurance they have come to know with our brand name. Therefore we only approve reputable vendors that have been known to provide quality products and premium customer support.
  2. Selling Your Products.
    1. The list price is the standard price of the product.
  3. Licensing.
    1. When you ‘sell’ an item, you’re making your item available to buyers to use that item under certain conditions; you’re not actually selling the item itself. What you’re selling includes a license directly to the buyer to use that item under the various types of license terms that you set and are applicable to your items. As a Vendor, you set the license terms, not us, the product is yours and it is up to you to determine how you want to license it to a buyer.
  4. Earnings.
    1. Our standard vendor split is 60/40.  The Vendor will receive 60% of the sell price and Monterey Premier receives 40%.
  5. Affiliate Sales.
    1. We offer an affiliate program to help promote our sales. Affiliates who promote our business receive up to 10-25% of the total sale cost. In the case of an affiliate sale, Monterey Premier will assume 100% of the payout to the affiliate. What that means for us is that in some cases, Monterey Premier may only receive 10%-5% commission on any sales that came from one of our many affiliate partners.  What this means to our vendors is they will always receive 60% of the total sale price and have better exposure without having to assume any additional marketing costs or fees.
    2. For subscription products our affiliate program is limited to the initial transaction. Recurring monthly payments are not included in affiliate payouts.
  6. Review.
    1. All products are subject to review and approval before being listed in the shop. When you submit that item to us via your vendor upload product facility, it  will be held in a moderation queue to enable us to check the quality and whether it contains adequate information for buyers.
  7. Payments.
    1. Payments are distributed via paypal no later than the 5th of each month. There is no minimum threshold.
  8. Potential Deductions
    1. Payment methods available for buyers to buy your items involve payment agents that have their own standard terms and conditions regarding refunds, chargebacks, fees and undeveloped transactions (which we don’t control). If a transaction on an item is subject to payment agents’ refunds, chargeback, fees and undeveloped transactions, we may automatically deduct those amounts from your account.
  9. Refunds.
    1. We may also decide to issue a credit or refund to a buyer in certain circumstances involving issues with your item, or transactions may be reversed for other reasons. If that happens, we reserve the right to deduct from your account any amount that would otherwise be payable to you.
  10. Payment errors.
    1. We will continue to hold your earnings if we’re not able to pay your earnings to you for whatever reason, including if:
      1. We do not have the correct payment details;
      2. We can’t contact you using the contact details that you have supplied;
      3. You are asking for payment to be made to a person, an institution or a country that we’re legally prohibited from making payments to, or where there are limitations in the banking systems.
  11. Currency conversions
    1. Whenever we make a payment to you as a developer, you are responsible for all costs of converting the amount of the payment from US dollars into your preferred currency. Your financial institution does the currency conversion and may charge you additional fees (we don’t control either the conversion rates or your financial institution’s fees).
  12. Buying items.
    1. If you buy an item from Monterey Premier you must pay for that item through your own payment facility as we will not issue products to you through your account even if your Vendor account is in credit.
  13. Taxes.
    1. As a vendor on Monterey Premier, you are responsible for paying any personal taxes that apply. If required by law, we may deduct or withhold taxes (including withholding tax) in connection with your being a vendor. If so, we will give you relevant documentation that’s required by law about the deduction or withholding (like documentation allowing you to access rebates or credits, or to manage your tax affairs).
  14. Invoices.
    1. We will issue invoices (or in some cases tax invoices) for transactions between ourselves and buyers on Monterey Premier. You will receive compensation via PayPal as already indicated in the form of a commission payment – therefore, an invoice is not necessary from us to you.
  15. Warrant.
    1. As a developer you warrant to us and each buyer of your items that:
      1. You own or have rights to use the intellectual property rights in that item and that item does not infringe the intellectual property rights of a third party;
      2. The item is not false, inaccurate, misleading, fraudulent, unlawful or defamatory;
      3. The item does not violate any applicable law or regulation (including those governing export control, consumer protection, unfair competition, criminal law, pornography, anti-discrimination, trade practices or fair trading);
      4. The item does not contain viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of other computer software or hardware.
      5. You will not buy your own items
      6. We are not liable for any loss suffered by you as a result of a buyer making use of your item contrary to Monterey Premiers Terms or the item’s license.
  16. Advertising.
    1. We may use the whole or part of your items to promote Monterey Premier. This promotional use may include use in public relations, emails, on a features page, or on other sites (e.g. social networks). No compensation is payable for these uses.
  17. Item removal.
    1. We have the right to remove an item for any reason, using our reasonable discretion. For example, we may review the libraries to keep Monterey Premier fresh and full of quality items that meet the latest technical standards and market trends. Also, issues about an item might be brought to our attention such as errors, representations, or even violations. Our goal is always to address these situations with you constructively. We also aim to give you notice before an item is removed, but this is not always feasible or possible, so we cannot guarantee this. We will not be responsible for any loss that you may suffer as a result of your item being removed.
  18. Personal Information.
    1. In order to facilitate a transaction on Monterey Premier, we may provide you with relevant buyer information and also may provide buyers with your relevant information (for example for invoicing or item support services). You agree that you will keep buyer information confidential and only use this information for that Monterey Premier transaction.
  19. Product Demo
    1. Your product demo may not contain any links re-directing our customers to any other shop or marketplace without prior approval. If you decide to have a “Buy Now” call to action button, it must be linked to Monterey Premier. All demo’s will be reviewed before the product is published on our marketplace. If we find that a demo has been changed and no longer meets this criteria, we have the right to remove that item until the demo has been corrected. We will not be responsible for any loss that you may suffer as a result of your item being removed.
  20. Legal Relationship.
    1. Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us. Neither you nor us can bind each other in any way. We are, however, your agent only for the limited purposes of your warranties to buyers.

Thank you for taking the time to go through our vendor terms and conditions. We look forward to a long and valued relationship.

 

Updated: 01/25/2017

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