Vendor Policy & Memorandum of Agreement

By submitting this application you are agreeing to the following Vendor Policy Agreement and the below, Memorandum of Agreement.
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Vendor Policy Agreement

What Can be Sold on MarMo

MarMo (‘MarMo’) is an ecommerce market where buyers and wholesalers come to purchase quality, local goods.

Goods that are allowed to be sold on MarMo may be subject to change, but currently include:

Baked goods: these items are subject to local and federal law for distribution and sale, but must be local, high quality, and made by the vendor who sells them.

More goods or product variety may be added at any time, and we are open to requests at our “Contact Us” page on hellomarmo.com.

Representation of Yourself, Your Shop and Your Listings

By selling on MarMo, you agree to:

  • Provide honest, accurate information about yourself on all the relevant pages, and to include information on any necessary licenses or permits.
  • Accurately represent your items in listings and listing photos. List all ingredients and known allergens.
  • Respect others intellectual property. If you feel someone violated your intellectual property rights, you are able to report it to MarMo.
  • Not avoid fees or rates for using MarMos services.
  • Not to create duplicate shops on MarMo.
  • Interference
    When a member intentionally interferes with another member’s shop in order to drive away their business, this is interference, which is strictly prohibited on MarMo. Examples of interference include:

  • Posting in public areas to demonstrate or discuss a dispute with another MarMo member;
  • Purchasing from a seller for the sole purpose of leaving a negative review
  • Any other malicious act intended to hurt another MarMo member’s sales or reputation
  • Emails
    You may receive a customer’s email address or other identifiable information as a result of entering into a transaction with that customer. This information may only be used for MarMo-related communications or for MarMo-facilitated transactions. You may not use this information for unsolicited commercial messages, advertising or unauthorized transactions outside of MarMo’s structure. Without the customer’s explicit consent, you may not add any MarMo customer to your email or physical mailing list, and you may not store or misuse any payment information. More information is available in our Privacy Policy.

    Creating and Adding Content

    As a member of MarMo, you will be able to create and upload a variety of content, such as usernames, listings, text, and photos. To keep MarMo’s a safe and respectful community, you agree you will not upload content that is:

  • Abusive, threatening, defamatory, or harassing;
  • Obscene or vulgar;
  • In violation of someone else’s privacy or intellectual property rights; or
  • False, deceptive, or misleading.
  • Extortion
    Extortion is not allowed or tolerated on MarMo. Attempts to manipulate reviews through threats, intimidation, or bribery is considered extortion and is strictly prohibited on MarMo. Extortion includes when a seller offers a buyer additional goods, services, or compensation in exchange for a positive review. Contact MarMo if you have more questions on this.

    Providing Great Customer Service

    MarMo sellers are expected to provide a high level of customer service. By selling on MarMo, you agree to:

  • Honor your set shipping / delivery and processing times.
  • Respond to customers and orders in a timely manner.
  • Honor the commitments you make in your shop policies.
  • Resolve disagreements or disputes directly with the customer. In the unlikely event you can’t reach a resolution, please contact MarMo directly.
  • If unable to complete an order, you must notify the customer and cancel the order, as well as issue a refund.
  • MarMo will help you provide great customer service and maintain trust with your buyers.

    Cancellations
    If you are unable to complete an order for any reason, you must notify the customer and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. We encourage you to keep proof of any refunds should there be a dispute later.

    Transactions may be cancelled under the following circumstances:

  • The customer did not pay. (The seller may flag a customer for a payment not received, chargeback or cancelled payment.)
  • Both you and the customer agree to cancel the transaction prior to shipment, delivery or pickup, and you have issued the customer a full refund.
  • You have decided to refuse service to the customer, and if the customer has already paid, you have issued a full refund, including shipping or delivery fees.
  • The customer did not receive the item(s) ordered, even though you provided proof of shipping or delivery, and you have issued a refund for the item.
  • Both you and the customer agreed that the customer could return the item for a refund, you have received the returned item and issued a refund to the customer for the item. /li>

    MarMo Fees & Payments

    By selling on MarMo, you are agreeing to comply with our cost structure. As such, we want you to be fully informed of the fees and where they go, so you can adjust your prices accordingly, should it be necessary.

    Credit card processing: There is a 2.9% (variable) + $0.35 (fixed) deduction for credit card processing per transaction on the total (including shipping and taxes) which is automatically taken by our payment gateway(s) Stripe or PayPal.

    MarMo Finder Commission: MarMo takes 4% + $0.10 from vendors for commission / finders fee. At this time, we deduct this after the credit card fee is already deducted, and it is inclusive of shipping & taxes. This will automatically be taken before you are paid out each month

    MarMo will pay vendors through PayPal. Vendors can add their PayPal email to their Shop Settings page unde the Vendor Dashboard. Payments will be processed monthly, at the end of each month, after all deductions are applied.

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    Memorandum of Understanding
     
    This Memorandum of Understanding (the Memorandum) is made on upon the Vendor’s submission for approval to be added as a seller / vendor on hellomarmo.com, by and between MarMo, San Francisco, California 94109, hereinafter referred to as MarMo and the MarMo Vendor or MarMo Seller applicant hereinafter referred to as Seller for the purpose of achieving the various aims and objectives relating to the selling on hellomarmo.com. (the Project).
     
    WHEREAS MarMo and Seller desire to enter into an agreement in which MarMo and Seller will work together to complete the Project;
     
    AND WHEREAS MarMo and Seller are desirous to enter into a Memorandum of Understanding between them, setting out the working arrangements that each of the partners agree are necessary to complete the Project;
     
    Purpose
    The purpose of this Memorandum is to provide the framework for any future binding contract regarding the selling of goods and products on hellomarmo.com. between MarMo and Seller.
     
    Obligations of the Partners
    The Partners acknowledge that no contractual relationship is created between them by this Memorandum, but agree to work together in the true spirit of partnership to ensure that there is a united visible and responsive leadership of the Project and to demonstrate financial, administrative and managerial commitment to the Project by means of the following individual services.
     
    Cooperation
    The activities and services for the Project shall include, but not limited to:
     
    a. Services to be rendered by MarMo include:
     
      Provide ecommerce platform to buy & sell goods on hellomarmo.com.
     
      Deliver customer information and orders directly to vendor; alert vendor of any issues or concerns with customers or orders if detected.
     
      Work with vendor to solve an necessary customer disputes, if all attempts to resolve directly with customer do not work. Figure out refunds and process any necessary billing changes for both vendor & customer.
     
      Provide space to enter all necessary items that are required by law, such as ingredient list and certifications (where applicable).
     
      List all business Terms & Conditions and accurately represent self and business to vendors & customers.
     
      Obtaining and maintaining necessary permits or certifications for operation, such as an SSL agreement and payment gateways.
     
    b. Services to be rendered by Seller include:
     
      Create goods purchased and following all MarMo Terms & Services and fees agreements.
     
      Delivering goods if delivery was enabled or having goods ready for pick up on day customer has selected; if unavailable on day selected, must contact and coordinate with customer or pass to MarMo to make necessary billing refunds or changes.
     
      Work directly with customers to handle customer disputes unless they must be escalated to MarMo. If escalated, work with MarMo to provide any necessary remedy
     
      Completing product information accurately and as fully as possible, and list all ingredients and allergens in Product Long Description or on Product page
     
      List all vendor’s business Terms & Conditions on Product or Seller page; accurately represent self and goods, maintain profile. Display certification or license if necessary for product.
     
      Obtaining and maintaining necessary permits or certifications for operation, and maintaining food safety in all aspects from creation to storage to delivery, at all times.
     
    Resources
    The Partners will endeavor to have final approval and secure any financing necessary to fulfill their individual financial contributions at the start of the planning for the development of the Project.
     
    a. MarMo agrees to provide the following financial, material and labor resources in respect of the Project;
     
      Web service and payment gateway.
     
      Visibility in MarMo marketing and advertising.
     
      SSL certification and password required accounts.
     
      Customer service for refunds & escalations.
     
      Vendor customer support for building and maintaining website products & store front.
     
    b. Seller hereby agrees to provide the following financial, material and labor resources in respect of the Project
     
      Goods & products to be sold.
     
      Licenses or other certifications if required, to be displayed as required in Terms of Services.
     
      Accurate labeling and product information in line with local and federal regulations on product page.
     
      Commissions or fees as agreed upon in Terms of Service / user agreement (subject to change).
     
      Delivery or location for pick-up for customer, which can be changed or selected by the vendor at any time.
     
      Photos, information and all relevant product data for posting onto MarMo.
     
    Communication Strategy
    Marketing of the vision and any media or other public relations contact should always be consistent with the aims of the Project and only undertaken with the express agreement of both parties. Where it does not breach any confidentiality protocols, a spirit of open and transparent communication should be adhered to. Co-coordinated communications should be made with external organizations to elicit their support and further the aims of the Project.
     
    Liability
    No liability will arise or be assumed between the Partners as a result of this Memorandum.
     
    Dispute Resolution
    In the event of a dispute between the Partners in the negotiation of the final binding contract relating to this Project, a dispute resolution group will convene consisting of the Chief Executives of each of the Partners together with one other person independent of the Partners appointed by the Chief Executives. The dispute resolution group may receive for consideration any information it thinks fit concerning the dispute. The Partners agree that a decision of the dispute resolution group will be final. In the event the dispute resolution group is unable to make a compromise and reach a final decision, it is understood that neither party is obligated to enter into any binding contract to complete the Project.
     
    Term
    The arrangements made by the Partners by this Memorandum shall remain in place from the date the Vendor Application is approved. The term can be terminated at any time by MarMo or by failing to meet the agreed upon terms.
     
    Notice
    Any notice or communication required or permitted under this Memorandum shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such other address as one party may have furnished to the other in writing.
     
    Governing Law
    This Memorandum shall be construed in accordance with the laws of the State of California.
     
    Assignment
    Neither party may assign or transfer the responsibilities or agreement made herein without the prior written consent of the non-assigning party, which approval shall not be unreasonably withheld.
     
    Amendment
    This Memorandum may be amended or supplemented in writing, if the writing is signed by the party obligated under this Memorandum.
     
    Severability
    If any provision of this Memorandum is found to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this Memorandum is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
     
    Prior Memorandum Superseded
    This Memorandum constitutes the entire Memorandum between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations, and Memorandums, whether written or oral.
     
    Understanding
    It is mutually agreed upon and understood by and among the Partners of this Memorandum that:
     a. Each Partner will work together in a coordinated fashion for the fulfillment of the Project.
     b. In no way does this agreement restrict involved Partners from participating in similar agreements with other public or private agencies, organizations, and individuals.
     c. To the extent possible, each Partner will participate in the development of the Project.
     d. Nothing in this memorandum shall obligate any Partner to the transfer of funds. Any endeavor involving reimbursement or contribution of funds between the Partners of this Memorandum will be handled in accordance with applicable laws, regulations, and procedures. Such endeavors will be outlined in separate agreements that shall be made in writing by representatives of the Partners involved and shall be independently authorized by appropriate statutory authority. This Memorandum does not provide such authority.
     e. This Memorandum is not intended to and does not create any right, benefit, or trust responsibility.
     f. This Memorandum will be effective upon the signature of both Partners.
     g. Any Partner may terminate its participation in this Memorandum by providing written notice to other Partner.
     
     
    The following Partners Marmo Seller and MarMo, support the goals and objectives of the selling on hellomarmo.com. Upon the Vendor’s submission for approval to be added as a seller / vendor on hellomarmo.com, they are accepting all terms of this agreement.