VENDOR AGREEMENT

This Vendor Agreement (hereinafter referred to as the “Agreement“) is executed between Joe Vogue (https://www.joevogue.com/) (hereinafter referred to as the “Website”) and You (“Vendor”) agree to the terms of this Agreement (as mentioned below).

By accepting this agreement, Vendor agrees to be bound by the terms and conditions set forth in this Agreement. If Vendor is accepting this Agreement on behalf of another person or legal entity, Vendor represents and warrants that Vendor has full authority to bind that person or legal entity to this Agreement. Vendor must ensure compliance with this Agreement and shall be responsible for any non-compliance or breach of this Agreement. If Vendor does not agree to this Agreement, Vendor must not accept this agreement and refrain from using the services of the website as a Vendor.

BY CLICKING ON THE ACCEPTANCE FOR THE TERMS OF THIS AGREEMENT, YOU DE-FACTO ARE LEGALLY BOUND BY THE FOLLOWING AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICE AND CONTACT THE WEBSITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS NOTICE, USING THE SERVICE INDICATES YOUR ACCEPTANCE OF THE TERMS OF THE AGREEMENT.

RECITALS

WHEREAS, Joe Vogue operates an online apparel store dedicated to providing premium quality clothing and designs;

WHEREAS, the Vendor desires to list and sell their designs on joevogue.com;

WHEREAS, the parties wish to establish a mutually beneficial relationship.

IN CONSIDERATION of the mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

  1. Intellectual Property Rights
    1. The Vendor represents and warrants that they have the necessary rights, licenses, and permissions to provide the designs for listing and sale on joevogue.com.
    2. The Vendor acknowledges and agrees that the designs provided shall remain their intellectual property, subject to the rights granted to the Website as specified in this Agreement.
  2. Copyright Infringement
    1. The Vendor acknowledges that they are solely responsible for ensuring that the designs provided do not infringe upon any third-party copyright or intellectual property rights.
    2. In the event that a copyright infringement claim arises concerning a design provided by the Vendor, the Vendor shall be solely liable for any legal consequences and agrees to indemnify and hold harmless the Website from any claims, demands, losses, damages, or liabilities arising out of or related to such copyright infringement claim.
    3. Upon receipt of a valid copyright infringement notice, the Website will cooperate with the claimant and conduct an investigation. If copyright infringement is found, the Website has the right to remove the infringing design from joevogue.com.
  3. Design Listing and Sale
    1. The Vendor agrees to provide the Website with designs for listing and sale on joevogue.com.
    2. The Vendor warrants that the designs provided are original and do not infringe any copyright or intellectual property rights of any third party.
    3. The Website shall have the right to display, market, and sell the Vendor’s designs on joevogue.com, subject to the terms and conditions of this Agreement.
  4. Vendor Compensation
    1. The Vendor will receive compensation for the sale of their designs as per the policies and rates set forth by the Website. The compensation structure may be subject to change from time to time at the sole discretion of the Website.
    2. The Vendor acknowledges that the compensation is contingent upon the successful sale of their designs and may be subject to deduction of applicable taxes.
    3. The Vendor shall be responsible for any tax obligations and liabilities arising from their earnings as an independent contractor. The Vendor acknowledges that they are not an employee of the Website and shall not be entitled to any employee benefits or protections.
  5. Vendor Registration and Fees
    1. In the first year of registration, there will be no registration fee for Vendors.
    2. After the first year, Vendors may be required to pay an annual fee to maintain their vendor account, as determined by the Website’s policies. The Vendor shall be notified in advance of any applicable fees.
    3. Vendors have the option to cancel their vendor account at any time during the first year without incurring any fees.
  6. Authority and Listing
    1. The Website functions as a platform for Vendors to list and sell their designs and does not have any authority beyond listing and facilitating the sale.
    2. The Website will not be held responsible for any copyright infringement or intellectual property issues arising from the designs provided by Vendors.
    3. The Website reserves the right to remove any design listings that are found to be in violation of copyright laws or that do not comply with the terms and conditions of this Agreement.
  7. Communication and Support
    1. Vendors shall direct any queries or concerns to the Website at [email protected].
    2. The Website will provide reasonable support and assistance to Vendors regarding the listing and sale of their designs.
  8. Indemnification
    1. The Vendor agrees to indemnify and hold harmless the Website from any claims, demands, losses, damages, or liabilities arising out of or related to the designs provided by the Vendor.
    2. The Vendor agrees to defend the Website against any legal actions or claims brought against the Website in connection with the Vendor’s designs.
  9. Independent Contractor
    1. The Vendor acknowledges and agrees that their relationship with the Website is that of an independent contractor. Nothing in this Agreement shall be construed as creating an employer-employee relationship or partnership between the Website and the Vendor.
    2. The Vendor shall be individually liable for any penalties or taxes as per applicable laws.
  10. Miscellaneous
    1. This Agreement represents the entire understanding and agreement between the Website and the Vendor concerning the subject matter hereof and supersedes all prior negotiations, understandings, and agreements, whether written or oral.
    2. Any modifications or amendments to this Agreement must be made in writing and signed by both parties.
    3. This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Kolkata, India.