Seller Agreement
Last Updated: 02\05\2025
1. Introduction
1.1. Purpose of the Agreement
This Seller Agreement ("Agreement") governs the relationship between the seller ("Seller") and TrekGuider Inc. ("Marketplace," "we," "our," or "us") regarding the sale of digital products and services on the TrekGuider platform ("Marketplace"). By listing products on the Marketplace, the Seller agrees to comply with the terms and conditions set forth in this Agreement.
1.2. Scope and Applicability
This Agreement applies to all sellers—including individual authors, content creators, and businesses—who list and sell digital products (such as guides, maps, itineraries, and other travel-related content) via the Marketplace. This Agreement is binding on the Seller and covers all activities related to the Seller’s use of the Marketplace.
2. Registration and Account Verification
2.1. Account Creation
- Accurate Information: To begin selling, the Seller must create a user account and complete the registration process, providing accurate, current, and complete information.
- Ongoing Updates: The Seller is responsible for updating account details as necessary.
2.2. Verification Process
· Documentation: Before listing products, the Seller must successfully complete the verification process by providing required identification documents. The Marketplace may require, but not limited to, the following documents: Social Security Number (SSN) or Employer Identification Number (EIN) for US sellers, government-issued ID (passport, driver's license), proof of address (utility bill, bank statement), business registration documents (if applicable), and any additional documents as specified by the Marketplace or our payment partner (Stripe).
· Compliance: Failure to comply with these verification requirements may result in account suspension or termination.
· Reference: For further details on verification standards, refer to relevant sections of the Delaware Code Online.
· Ongoing Verification: The Marketplace reserves the right to conduct ongoing verification of Seller's identity and business information periodically or at any time, and Seller agrees to cooperate with such verification requests.
3. Seller Obligations and Responsibilities
3.1. Product Quality and Compliance
· Quality Standards: The Seller is responsible for ensuring that all products meet the Marketplace’s quality standards and comply with all applicable laws and regulations. Marketplace Disclaimer: The Marketplace undertakes no obligation and assumes no responsibility for independently verifying the quality, legality, or accuracy of digital products listed by Sellers. Buyers are solely responsible for evaluating the suitability and quality of products before purchase. Marketplace reserves the right to define and update quality standards for digital products at its discretion, and Seller agrees to adhere to these standards. The determination and modification of these quality standards remain at the exclusive and unreviewable discretion of the Marketplace. These standards may include, but are not limited to, requirements for product functionality, accuracy, completeness, user experience, and compliance with accessibility guidelines.
· Accurate Descriptions: Sellers must provide clear, accurate, and truthful product descriptions, including pricing, features, and digital delivery formats.
· Intellectual Property: Products must not infringe on the intellectual property rights of others.
· Product Liability: Seller is solely responsible for any product liability claims arising from the sale of their digital products, including but not limited to claims related to defects, inaccuracies, or harm caused by the use of the products. Seller agrees to indemnify and hold harmless the Marketplace from any such claims.
· Participation in and Benefit from Travel Blogger Directory Initiative: Sellers explicitly acknowledge and understand that the Marketplace operates a Travel Blogger Directory as a platform feature designed to enhance seller visibility and facilitate user discovery of travel content creators. Sellers further acknowledge that the Travel Blogger Directory may incorporate limited categories of publicly available information pertaining to sellers who are also identifiable as travel bloggers through their online presence. Sellers, by entering into this Agreement and offering products on the Marketplace, provide their explicit consent to the Marketplace's collection, processing, and public display of such limited categories of their publicly available information within the Travel Blogger Directory, strictly in accordance with the terms and conditions articulated within the Privacy Policy. Sellers retain the exclusive and voluntary option to claim and actively manage their profiles within the Travel Blogger Directory, enabling them to review, verify, rectify, augment, and enhance the accuracy and comprehensiveness of their displayed information, thereby maximizing the potential benefits of inclusion in the Directory. Sellers understand and agree that the Marketplace assumes no liability for the accuracy, completeness, or currency of publicly sourced information presented in the Travel Blogger Directory and that the primary responsibility for ensuring the accuracy and desired presentation of their profile information rests solely with the individual seller.
3.2. Sales Tax and Legal Compliance
· Tax Obligations: The Seller is solely responsible for collecting, reporting, and remitting any applicable sales tax, VAT, or other taxes. Sellers must comply with all local, state, and federal tax obligations, including proper registration in relevant jurisdictions. Seller is responsible for determining the applicability of sales tax, VAT, or other taxes based on the location of the buyer and seller, and the nature of the digital products sold. Marketplace may provide tools or resources to assist sellers with tax calculations, but ultimately the Seller remains solely responsible for accurate tax collection and remittance.
· Legal Practices: All business practices and product offerings must adhere to applicable local, state, and federal laws.
- Comprehensive Compliance with Export Control Laws and Sanctions Regimes: Seller provides an unqualified warranty and representation that all digital products, services, technologies, and all sales activities conducted by Seller on the Marketplace are, and will at all times remain, in full and strict compliance with all applicable export control laws, trade sanctions, and embargoes, including, without limitation, those administered and enforced by the United States government and other relevant authorities worldwide. This comprehensive compliance obligation extends to all aspects of Seller’s operations on the Marketplace, including product listings, content, transactions, and interactions with users.
- Absolute Prohibition on Transactions with Sanctioned Parties and Jurisdictions: Seller unequivocally agrees, warrants, and covenants that Seller will not, under any circumstances, offer, sell, export, re-export, transfer, divert, or provide products or services through the Marketplace, directly or indirectly, to:
- Sanctioned Countries and Territories: Individuals or entities located in, resident in, or nationals of countries or territories subject to U.S. sanctions or embargoes, including, but not limited to, Cuba, Iran, North Korea, Syria, Venezuela, and the Crimea, Donetsk People's Republic, Luhansk People's Republic, Kherson and Zaporizhzhia regions of Ukraine, as these jurisdictions may be amended or expanded from time to time by the U.S. government.
- Sanctioned Individuals and Entities: Individuals or entities designated on any U.S. government sanctions lists or restricted parties lists, including, without limitation, the OFAC Specially Designated Nationals and Blocked Persons List (SDN List), the BIS Denied Persons List, the BIS Entity List, the BIS Unverified List, and any other lists promulgated by OFAC, BIS, or other relevant U.S. government agencies or international bodies.
- Prohibited End-Uses and End-Users: Any end-use or end-user that is prohibited or restricted under applicable export control laws, including, but not limited to, military end-uses, proliferation activities, or use by restricted industries or sectors in sanctioned jurisdictions.
- Seller’s Independent Responsibility for Export Control Classifications and Licensing: Seller acknowledges and accepts sole and exclusive responsibility for independently determining the accurate Export Control Classification Number (ECCN) or other applicable export control classification for all digital products, services, software, and technologies offered on the Marketplace. Seller further acknowledges and accepts sole and exclusive responsibility for determining whether any export licenses, license exceptions, or other governmental authorizations are required for the export, re-export, or in-country transfer of Seller’s products and services to specific destinations, end-users, or for specific end-uses. Seller warrants that Seller will obtain and fully comply with all such required licenses, license exceptions, and authorizations prior to engaging in any transaction on the Marketplace that may be subject to export control regulations.
- Seller Indemnification for Sanctions and Export Control Violations: Seller agrees to fully and unconditionally indemnify, defend, and hold harmless the Marketplace, TrekGuider Inc., its affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, demands, actions, causes of action, lawsuits, judgments, liabilities, damages, losses, costs, penalties, fines, forfeitures, and expenses of any kind or nature whatsoever (including, without limitation, reasonable attorneys' fees, expert witness fees, and court costs) arising out of, relating to, or resulting from any actual or alleged violation by Seller, or by any person acting on Seller’s behalf, of any export control laws, trade sanctions, or embargoes, or any breach of Seller’s warranties and representations under this Section. This indemnification obligation shall be construed to be comprehensive and shall extend to any and all losses incurred by the Marketplace as a result of Seller’s non-compliance, regardless of whether such non-compliance was intentional, negligent, or inadvertent.
- Absolute Prohibition on Transactions with Sanctioned Parties and Jurisdictions: Seller unequivocally agrees, warrants, and covenants that Seller will not, under any circumstances, offer, sell, export, re-export, transfer, divert, or provide products or services through the Marketplace, directly or indirectly, to:
3.3. U.S. Tax Compliance and Form Generation
· Compliance with U.S. Tax Law for U.S. Residents: TrekGuider Inc. is legally obligated to comply with United States tax regulations, including reporting income earned by U.S. resident sellers on the Marketplace to the U.S. Internal Revenue Service (IRS). To fulfill these obligations for U.S. resident sellers who earn $600 or more in a calendar year on the Marketplace, the platform will automatically generate and submit Form 1099-NEC to the IRS using Stripe’s integrated tax reporting functionalities.
· Automatic Form 1099-NEC Generation and Filing for U.S. Residents: For U.S. resident sellers meeting the income threshold, Form 1099-NEC will be automatically generated by Stripe based on the seller's provided tax information and transaction data on the Marketplace. This form will be electronically filed with the IRS annually. A processing fee of $2.99 USD will be automatically deducted from the U.S. resident seller's Marketplace balance for each Form 1099-NEC filing to cover the costs associated with tax form generation and submission. This fee will be deducted once per year, typically in January or February, for the preceding tax year's filings.
· Seller Consent and Data Accuracy: By registering as a seller on the Marketplace and providing personal and business information, the Seller explicitly consents to the automatic generation and filing of U.S. tax forms, specifically Form 1099-NEC for U.S. resident sellers meeting the income threshold, by the Marketplace through Stripe. The Seller warrants and represents that all information provided during registration and account setup, including tax identification information, is accurate, current, and complete. The Seller understands and agrees that the accuracy and timely filing of generated tax forms are dependent on the accuracy of the information provided by the Seller.
· Tax Obligations for Non-U.S. Residents: Sellers who are not residents of the United States are solely responsible for understanding and complying with their own tax obligations in their respective jurisdictions. TrekGuider Inc. does not provide tax forms, tax reporting, or tax advice to non-U.S. resident sellers. Non-U.S. resident sellers are exclusively responsible for reporting their income to the relevant tax authorities and remitting any applicable taxes in accordance with the laws of their country of residence. The Marketplace assumes no responsibility or liability for the tax obligations of non-U.S. resident sellers.
· No Tax Advice: The Marketplace does not provide tax advice. The automatic generation and filing of Form 1099-NEC for eligible U.S. resident sellers is solely a service to facilitate compliance with U.S. tax law. This information is for informational purposes only and should not be considered legal or tax advice. All sellers are strongly encouraged to consult with their own qualified tax advisors regarding their specific tax situations and obligations. Sellers are solely responsible for understanding their tax obligations and for seeking independent professional tax advice regarding their specific circumstances. The Marketplace shall not be liable for any errors or omissions in tax forms generated based on information provided by the Seller, or for any tax liabilities incurred by the Seller.
3.4. Content Ownership and License
· Ownership: The Seller retains ownership of their digital content.
· License Grant: The Seller grants the Marketplace a non-exclusive, worldwide, royalty-free license to use, display, reproduce, distribute, and transmit the content solely for operating and promoting the Marketplace. The license granted to the Marketplace includes the right to sublicense the content to end-users (buyers) as necessary to enable the sale and delivery of digital products on the platform. The license granted by the Seller to the Marketplace shall survive termination of this Agreement with respect to products sold during the term of the Agreement and for archival and promotional purposes related to the Seller's activity on the Marketplace.
3.5. Prohibited Content
The Seller agrees not to list or upload any content that:
· Violates any applicable law or regulation.
· Infringes on third-party intellectual property rights.
· Contains harmful, offensive, or illegal material (e.g., hate speech, pornography, or content promoting illegal activities).
· Facilitates fraud, scams, or the distribution of malicious software.
· Content that is defamatory, libelous, threatening, harassing, discriminatory, or promotes violence or hatred against any group or individual.
· Content that violates privacy rights or data protection laws.
· Content that is misleading, deceptive, or fraudulent.
· Content that is harmful to minors.
· Content that promotes or facilitates illegal gambling, illegal drug use, or illegal arms trafficking.
· Right to Monitor and Remove Prohibited Content: Marketplace reserves the right to monitor Seller's listings and content and to remove any content that violates this Agreement or Marketplace policies, at its sole discretion and without prior notice. Marketplace is not obligated to monitor content but may do so for quality control and compliance purposes.
3.6. Functionality "Donations"
• Enabling Donations Feature: Sellers have the option to enable a "Donate" button on their personal pages, allowing users to make voluntary donations to support their content and work. Sellers can manage the availability of this feature through their account settings.
• Donation Types: The "Donate" feature supports one-time donations, as well as recurring, subscription-based donations, at the donor's discretion.
• Donation Processing and Fees: Donations are processed through the Marketplace's integrated payment system, Stripe. A platform fee of 5% will be applied to each donation transaction, in addition to standard Stripe processing fees. These fees will be automatically deducted from the donation amount before the balance is credited to the Seller's account.
• Anonymity of Donations: Donors may choose to make anonymous donations. Sellers will receive aggregated data on donations but may not receive personally identifiable information about anonymous donors, unless explicitly consented to by the donor.
• Seller Responsibility for Content and Value: By enabling the "Donate" feature, Sellers understand that donations are voluntary contributions from users who appreciate their content. Sellers remain solely responsible for the quality and legality of their content and offerings on the Marketplace, and the donation feature does not alter these responsibilities. The Marketplace provides the "Donate" functionality as a platform feature and does not guarantee any specific level of donations for Sellers.
4. Commission and Payment Terms
4.1. Commission Structure
The Marketplace applies a tiered commission structure on all sales:
· Level 1: 10% commission on total sales for sellers with up to $100 in sales.
· Level 2: 8% commission on total sales for sellers with $100– 300 in sales.
· Level 3: 5% commission on total sales for sellers with over $300 in sales.
· New Seller Special: New sellers are charged a 5% commission for the first 30 days after registration.
· Total sales are calculated based on the gross revenue generated by the Seller from sales on the Marketplace, excluding refunds and chargebacks. Commission levels are determined based on the cumulative total sales volume achieved by the Seller over lifetime of the account. Marketplace reserves the right to modify the commission structure at any time, with prior notice to Sellers.
4.2. Payment Processing
· Stripe Integration: All payments are processed via Stripe in accordance with their terms and conditions.
· Deductions: Payment for transactions will be disbursed to the Seller’s designated account after deducting the Marketplace commission and applicable Stripe fees (e.g., 2.9% + $0.30 per U.S. transaction; additional fees for international payments). Stripe fees may vary and are subject to change by Stripe. Seller is responsible for reviewing and accepting Stripe's terms and fee schedule. Marketplace is not responsible for changes in Stripe's fees.
· Minimum Withdrawal Balance: Sellers must maintain a minimum account balance of $40 before a withdrawal can be requested. Withdrawals are subject to Stripe processing fees (typically $0.25 + $0.30 per transaction).
· Payment Schedule: Payments are processed on a monthly basis, typically within 10–15 business days after the end of each month, subject to successful processing by Stripe.
· Currency and Exchange Rates: All transactions and payouts are processed in United States Dollars (USD). For sellers receiving payouts in other currencies, currency conversion will be performed by Stripe at their prevailing exchange rates, and Seller will bear any currency conversion fees and exchange rate risks.
5. Product Listing Review Process: Marketplace Discretionary Right to Monitor and Assess Seller Listings
For the avoidance of doubt, Seller explicitly acknowledges, understands, and agrees that the Product Listing Review Process described in this Section 5 is an entirely discretionary right, and not an obligation, of the Marketplace.
· Reservation of Unfettered Marketplace Right to Review Seller Listings and Content: To proactively safeguard the overall quality, demonstrable legality, rigorous regulatory compliance, and unwavering integrity of all products and services offered on the TrekGuider Marketplace platform, TrekGuider Inc. explicitly reserves, and shall at all times retain, the sole, exclusive, unfettered, discretionary, and non-reviewable right to implement, administer, modify, enhance, curtail, or discontinue a comprehensive Product Listing Review Process, encompassing the meticulous review, thorough assessment, and ongoing monitoring of any and all Seller product listings, associated content, and related materials, at any time, with or without prior notice to Seller, and for any reason or no reason whatsoever, as determined by the Marketplace in its sole and absolute judgment. This comprehensive Product Listing Review Process is strategically designed and implemented to proactively protect users of the Marketplace, safeguard the intellectual property rights of rights holders, uphold the Marketplace’s stringent content standards, and preserve the unimpeachable integrity, trustworthiness, and legal defensibility of the TrekGuider Marketplace platform as a whole.
· Non-Exhaustive and Discretionary Types of Reviews Undertaken by the Marketplace: Seller explicitly acknowledges, understands, and agrees that the Marketplace’s Product Listing Review Process is inherently discretionary, non-exhaustive, and subject to unilateral modification or termination by the Marketplace at any time. The types of reviews that may, or may not, be undertaken by the Marketplace, at its sole and exclusive option, may include, but are not limited to, the following illustrative, non-binding, and non-comprehensive categories of review activities:
o Automated Algorithmic and Rule-Based Checks for Policy Compliance: Sophisticated automated systems, intelligent algorithms, and pre-defined rule-based protocols may, or may not, be selectively deployed and dynamically utilized to continuously scan, analyze, and flag Seller product listings, descriptions, titles, images, metadata, and other constituent elements for potential indicators of non-compliance with the overarching Content Policy, explicitly proscribed Prohibited Content guidelines, and any and all other applicable Marketplace policies, rules, regulations, and Terms and Conditions. These automated checks, if and when implemented, may, or may not, focus on keywords, textual patterns, visual elements, branding indicia, pricing data, and other discernible characteristics of the listing that may, in the Marketplace’s sole judgment, suggest potential violations, deficiencies, or areas of concern.
o Selective Manual Quality Reviews by Marketplace Personnel: Designated Marketplace personnel, acting under the Marketplace’s sole and exclusive direction and control, may, or may not, conduct discretionary, targeted, and non-systematic manual reviews of a limited and non-representative sample of Seller product listings, selected at the Marketplace’s sole option and discretion, to subjectively assess, evaluate, and opine upon various qualitative aspects of the listings, including, without limitation, perceived product quality, demonstrable accuracy of product descriptions, overall user experience considerations, and subjective impressions of general compliance with Marketplace standards, aspirational guidelines, and best practices, including the non-binding hypothetical Quality Standards illustratively outlined in Section 3.1 of this Seller Agreement. Seller explicitly acknowledges and agrees that any such manual quality reviews are inherently subjective, non-comprehensive, and undertaken solely for the Marketplace’s internal quality control and risk management purposes, and shall not be construed to create any warranties, representations, or guarantees to Seller or any third party regarding the actual quality, legality, or marketability of Seller’s products.
o Discretionary Accessibility Reviews for Users with Disabilities: The Marketplace may, at its sole and unreviewable discretion, elect to conduct sporadic, non-systematic, and purely discretionary reviews of a limited subset of digital products and associated listings to subjectively assess, and internally evaluate, the perceived level of accessibility of such products and listings for users with disabilities, and to internally consider, on a purely discretionary and non-committal basis, the extent to which such products and listings may, or may not, align with aspirational accessibility guidelines, non-binding best practices, and hypothetical internal accessibility benchmarks, to the extent deemed subjectively applicable and operationally feasible by the Marketplace, in its sole and exclusive judgment. Seller explicitly acknowledges and agrees that any such discretionary accessibility reviews are undertaken solely for the Marketplace’s internal, non-public, and purely aspirational quality control and user experience enhancement purposes, and shall not be construed to create any legally binding obligations, warranties, representations, or guarantees to Seller or any third party regarding the actual accessibility, usability, or compliance with accessibility standards of Seller’s products or listings.
o Non-Committal Intellectual Property and Authenticity Checks: The Marketplace may, at its sole and unreviewable discretion, choose to implement sporadic, non-comprehensive, and purely discretionary checks, utilizing automated tools, manual review processes, third-party databases, or other verification mechanisms, to internally assess, and subjectively evaluate, the potential for listed products to infringe upon intellectual property rights, or to detect potential listings of counterfeit, fraudulent, or otherwise unauthorized products, as hypothetically outlined in the Policy on Counterfeit or Infringing Products (Section 8 of this Seller Agreement), which, for the avoidance of all doubt, is explicitly understood and agreed by Seller to be a non-binding, aspirational, and purely discretionary internal guideline, and not a legally enforceable policy or contractual obligation. Seller explicitly acknowledges and agrees that any such discretionary intellectual property and authenticity checks are undertaken solely for the Marketplace’s internal risk management and quality control purposes, and shall not be construed to create any legally binding obligations, warranties, representations, or guarantees to Seller or any third party regarding the actual authenticity, legality, or non-infringement status of Seller’s products or listings.
· Non-Binding and Discretionary Stages of the Product Listing Review Process: Seller explicitly acknowledges, understands, and agrees that the Marketplace’s Product Listing Review Process, if and when implemented, is inherently non-binding, purely discretionary, and subject to unilateral modification, suspension, or termination by the Marketplace at any time, without any obligation to provide prior notice or justification to Seller. Furthermore, Seller acknowledges and agrees that the Marketplace shall not be held liable for any failure to conduct product listing reviews, for the manner in which such reviews are conducted (if undertaken), or for any outcomes resulting from the Product Listing Review Process, including but not limited to any decisions regarding listing approval, rejection, or removal. The ultimate responsibility for the legality, quality, and non-infringement of listed products rests solely and exclusively with the Seller. The stages at which product listing reviews may, or may not, be selectively undertaken by the Marketplace, at its sole and unreviewable option, are purely illustrative, non-binding, and non-comprehensive, and may include, without limitation:
o Optional and Non-Guaranteed Pre-Publication Review (Pre-Moderation): The Marketplace may, at its sole and discretionary option, elect to, but is under no legal or contractual obligation to, conduct purely discretionary, non-systematic, and non-guaranteed reviews of a limited and non-representative sample of Seller product listings prior to the point at which such listings are made publicly accessible or commercially available on the Marketplace platform (so-called "pre-publication review" or "pre-moderation"). Seller explicitly acknowledges and agrees that any such pre-publication review, if and when undertaken by the Marketplace, is solely for the Marketplace’s internal quality control and risk management purposes, is not guaranteed to be implemented for all or even a representative sample of Seller listings, is inherently discretionary and non-binding, and shall not be construed to create any expectation, reliance, warranty, representation, or guarantee that any Seller listing will, in fact, be subjected to pre-publication review, or that any pre-publication review, if undertaken, will be comprehensive, accurate, or effective in identifying any or all potential deficiencies, non-compliances, or violations of Marketplace policies. Seller further explicitly acknowledges and agrees that pre-publication review may, or may not, be selectively implemented for certain categories of Sellers (e.g., new sellers, sellers with a history of policy violations), for certain categories of products deemed by the Marketplace to be inherently higher risk, or for listings that are automatically flagged by automated systems for potential review, all at the Marketplace’s sole and unreviewable discretion.
o Discretionary and Non-Systematic Post-Publication Review (Post-Moderation): The Marketplace may, at its sole and unreviewable option, choose to conduct discretionary, non-systematic, and purely reactive reviews of product listings that are already actively published, commercially available, and publicly accessible on the Marketplace platform (so-called "post-publication review" or "post-moderation"). Seller explicitly acknowledges and agrees that any such post-publication review, if and when undertaken by the Marketplace, is solely for the Marketplace’s internal quality control, risk management, and reactive enforcement purposes, is not guaranteed to be implemented for all or even a representative sample of Seller listings, is inherently discretionary and non-binding, and shall not be construed to create any expectation, reliance, warranty, representation, or guarantee that any Seller listing will, in fact, be subjected to post-publication review, or that any post-publication review, if undertaken, will be comprehensive, accurate, or effective in identifying any or all potential deficiencies, non-compliances, or violations of Marketplace policies. Seller further explicitly acknowledges and agrees that post-publication reviews may, or may not, be selectively triggered by user reports, rights holders complaints, automated monitoring system alerts, random audits, internal quality control initiatives, or any other factors deemed relevant by the Marketplace, at its sole and unreviewable discretion.
· Illustrative and Non-Exhaustive Review Criteria Utilized by the Marketplace: Seller explicitly acknowledges, understands, and agrees that the criteria utilized by the Marketplace, if and when it elects to conduct any form of Product Listing Review Process, are inherently subjective, non-exhaustive, and subject to unilateral modification, expansion, contraction, or redefinition by the Marketplace at any time, without any obligation to provide prior notice or justification to Seller. Furthermore, Seller acknowledges and agrees that the Marketplace shall not be held liable for any failure to conduct product listing reviews, for the manner in which such reviews are conducted (if undertaken), or for any outcomes resulting from the Product Listing Review Process, including but not limited to any decisions regarding listing approval, rejection, or removal. The ultimate responsibility for the legality, quality, and non-infringement of listed products rests solely and exclusively with the Seller. The illustrative, non-binding, and non-comprehensive criteria that may, or may not, be selectively considered and subjectively evaluated by the Marketplace, at its sole and unreviewable option, during any discretionary Product Listing Review Process, may include, without limitation:
o Compliance with Overarching Content Policy Mandates: Subjective assessment of the extent to which product listings, and associated content, demonstrably adhere to the Marketplace’s overarching Content Policy mandates, ensuring that all published materials are perceived by the Marketplace, in its sole and subjective judgment, to be generally legal, broadly appropriate for a diverse user audience, and not overtly violative of explicitly proscribed prohibited content guidelines, as unilaterally interpreted and applied by the Marketplace.
o Subjective Evaluation Against Non-Binding Quality Standards: Subjective and discretionary assessment of product listings against the Marketplace’s non-binding, aspirational, and purely illustrative Quality Standards for digital products, as hypothetically outlined in Section 3.1 of this Seller Agreement, to internally evaluate whether products are perceived by the Marketplace, in its sole and subjective judgment, to generally meet hypothetical minimum benchmarks for perceived functionality, demonstrable accuracy, overall completeness, and subjective user experience considerations, recognizing that such "Quality Standards" are explicitly understood and agreed by Seller to be non-binding, aspirational, and purely discretionary internal guidelines, and not legally enforceable contractual obligations.
o Subjective Assessment of Accuracy and Truthfulness of Product Descriptions: Subjective and discretionary evaluation of the perceived accuracy, demonstrable completeness, and subjective truthfulness of product descriptions, pricing information, promotional claims, and other descriptive details and representations provided by the Seller in connection with product listings, to internally assess, and subjectively opine upon, the extent to which such materials are perceived by the Marketplace, in its sole and subjective judgment, to be generally accurate, reasonably complete, and not overtly misleading, deceptive, or materially false or unsubstantiated.
o Discretionary Intellectual Property Compliance and Authenticity Review: Discretionary and non-committal review of product listings for potential,
6. Refund Policy
6.1. Refund Eligibility
· Criteria: Refunds may be issued for technical issues affecting digital delivery or if the product fails to meet the quality or description provided.
· Compliance: The Seller must adhere to the Marketplace's refund procedures and honor refund requests in line with the established Refund Policy. Marketplace's Refund Policy, as detailed in the Payment Policy and Terms and Conditions, applies to all sales made by Sellers on the platform. Seller agrees to adhere to the Refund Policy and acknowledges that refunds may be issued to buyers under the conditions outlined therein.
6.2. Refund Process
· Initial Contact: Buyers must first contact the Seller directly to request a refund.
· Resolution: If the Seller approves the refund, the amount (minus any applicable fees) will be credited back to the buyer’s original payment method.
· Escalation: In cases where the Seller fails to respond or disputes the refund, the buyer may escalate the issue to the Marketplace for mediation, with any resulting refund adjustments charged to the Seller.
· Seller's Responsibility for Refund Costs: Seller is responsible for the financial costs associated with refunds issued for their products, including the refund amount and any applicable transaction fees. Marketplace may deduct refund amounts and associated fees from Seller's account balance.
7. Seller’s Rights and Responsibilities
7.1. Access to Marketplace Tools
- Platform Access: Sellers gain access to various tools and features, including sales reports, product management, and performance analytics.
- Accuracy: The Seller is responsible for maintaining accurate and up-to-date information on their Marketplace account.
7.2. Customer Service Responsibilities
· Support: Sellers must provide prompt and professional customer service, addressing buyer inquiries, disputes, returns, and refunds in a timely manner. Seller is expected to respond to buyer inquiries and support requests within 2 business days and to resolve issues professionally and efficiently. Seller must provide accurate contact information for customer support and maintain reasonable availability to address customer concerns.
7.3. Account Suspension and Termination
· Marketplace Rights: The Marketplace reserves the right to suspend or terminate any Seller’s account for violations of this Agreement, non-compliance with legal or tax obligations, or engagement in fraudulent or harmful activities. Grounds for suspension or termination may include, but are not limited to: violation of Prohibited Content policy, repeated copyright infringement claims, failure to comply with verification requirements, providing false or misleading information, engaging in fraudulent activities, violation of Payment Policy or Refund Policy, repeated negative customer feedback or complaints, failure to pay fees or taxes, violation of any applicable laws or regulations.
· Voluntary Termination: Sellers may terminate their accounts at any time by providing written notice; however, all outstanding balances and obligations must be settled prior to account closure.
· Consequences of Termination: Upon termination of Seller Agreement, Seller's access to the Marketplace will be revoked, all product listings may be removed, and outstanding balances will be settled in accordance with the Payment Policy. Marketplace is not liable for any losses incurred by Seller due to account termination.
8. Policy on Counterfeit or Infringing Products
- Seller’s Unconditional Warranty and Representation of Authenticity, Originality, and Legality: Seller, as a material inducement to TrekGuider Inc. to enter into this Seller Agreement and to permit Seller to offer products for sale on the Marketplace platform, hereby provides an unqualified, irrevocable, and legally binding warranty and representation to the Marketplace that all digital products listed, offered for sale, sold, and distributed by Seller through the TrekGuider Marketplace are, and will at all times remain, unequivocally authentic, original, bona fide, and legally compliant works. Seller further warrants and represents, under penalty of perjury and subject to all available legal and equitable remedies, that Seller possesses and shall continuously maintain all necessary, valid, and legally enforceable rights, titles, licenses, permissions, consents, and authorizations, without limitation, to lawfully and legitimately advertise, market, offer for sale, sell, distribute, reproduce, display, perform, and otherwise exploit the digital products they offer on the Marketplace platform, including, without limitation, all intellectual property rights appurtenant thereto. This comprehensive warranty and representation extends, without limitation, to all copyrights, trademarks, patents, trade secrets, design rights, rights of publicity, and any and all other proprietary rights associated with Seller’s digital products.
- Absolute and Unequivocal Prohibition of Counterfeit and Infringing Products: Seller explicitly, irrevocably, and unconditionally agrees, acknowledges, and covenants that Seller shall not, under any circumstances, directly or indirectly, list, offer for sale, sell, distribute, promote, advertise, market, or otherwise make available through the TrekGuider Marketplace platform any products that are, or are reasonably suspected of being, counterfeit, fraudulent, deceptive, knock-offs, imitations, replicas, unauthorized copies, or infringing goods, or any products that otherwise infringe, misappropriate, or violate, in any manner whatsoever, the intellectual property rights, proprietary rights, or other legal rights of any third party, individual, entity, or rights holders. This absolute and unequivocal prohibition applies comprehensively and without limitation to all categories of digital products offered by Seller on the Marketplace, including, but not limited to, digital guides, electronic maps, travel itineraries, audio guides, e-books, software applications, digital templates, multimedia content, and any other forms of digital content, services, or technologies.
- Seller’s Sole and Unwavering Obligation for Due Diligence and Verification: Seller acknowledges, understands, and explicitly agrees that Seller bears sole, exclusive, unwavering, and non-delegable responsibility for conducting, implementing, and continuously maintaining comprehensive, rigorous, and demonstrably effective due diligence procedures, verification protocols, and ongoing monitoring mechanisms to proactively ensure, with the highest degree of commercially reasonable certainty, that each and every product listed, offered for sale, sold, and distributed by Seller on the Marketplace platform is unequivocally authentic, original, bona fide, legally compliant, and wholly non-infringing of any third-party intellectual property rights, proprietary rights, or other legal rights. This comprehensive due diligence obligation includes, without limitation, meticulously verifying and documenting the complete chain of custody, provenance, and authorized distribution channels for all content, software, code, data, and other materials incorporated into Seller’s digital products; diligently obtaining and maintaining all necessary, valid, and legally enforceable licenses, permissions, consents, and authorizations for any and all third-party materials, intellectual property, or proprietary content utilized in Seller’s products; and proactively implementing robust internal quality control procedures and compliance protocols to continuously monitor, audit, and validate the ongoing authenticity, legality, and non-infringement status of all products offered by Seller throughout the entire duration of their availability on the Marketplace platform. Seller further acknowledges and agrees that Seller’s due diligence obligations under this Section 4.3 are continuous, ongoing, and shall not be deemed to be satisfied by any verification procedures, monitoring efforts, or quality control measures that may, or may not, be implemented by the Marketplace, at its sole discretion. This obligation is continuous and ongoing, and is not diminished or superseded by any verification or monitoring activities undertaken by the Marketplace, or any failure thereof.
- Seller Acknowledgment of Marketplace Verification and Monitoring Rights: Seller explicitly acknowledges, understands, and irrevocably agrees that the Marketplace, in its sole and unfettered discretion, reserves the absolute, unconditional, and non-reviewable right to implement, modify, enhance, expand, curtail, or discontinue, at any time, with or without prior notice to Seller, any and all verification procedures, monitoring mechanisms, quality control protocols, and enforcement actions that the Marketplace, in its sole and exclusive judgment, deems necessary, appropriate, or advisable to detect, prevent, investigate, and remediate the listing, offer for sale, sale, or distribution of counterfeit products or products that infringe intellectual property rights on the Marketplace platform. Seller further explicitly agrees to fully, promptly, and unconditionally cooperate with any and all such verification efforts, monitoring activities, audits, investigations, and enforcement actions undertaken by the Marketplace, and to diligently provide, upon first request, any and all information, documentation, certifications, attestations, and other forms of evidence reasonably requested by the Marketplace to substantiate, verify, and conclusively demonstrate the authenticity, originality, legality, and non-infringement status of Seller’s products and listings. Seller unequivocally understands and agrees that the Marketplace’s reservation of these verification and monitoring rights shall not, under any circumstances, be construed to impose any duty, obligation, or liability upon the Marketplace to actively monitor, pre-screen, audit, or independently verify the authenticity, legality, or non-infringement status of any products listed by Seller, and that the ultimate and non-delegable responsibility for ensuring the authenticity, legality, and non-infringement of Seller’s products remains, at all times, exclusively vested in and borne by the Seller.
- Severe Consequences for Violations of Counterfeit and Infringement Policy: Seller unequivocally understands, acknowledges, and explicitly agrees that any listing, offer for sale, sale, or distribution of counterfeit products or products that infringe intellectual property rights through the TrekGuider Marketplace constitutes a material, egregious, and irreparable breach of this Seller Agreement, and shall, without limitation, subject Seller to immediate, automatic, and non-appealable imposition of severe consequences, wide-ranging enforcement remedies, and substantial punitive sanctions, as determined by the Marketplace in its sole and exclusive discretion, which may include, but are not limited to, the following:
- Summary Listing Removal and Account Suspension/Termination: Immediate, unilateral, and permanent removal, deletion, and takedown of any and all product listings, offers for sale, and associated content that are determined by the Marketplace to be counterfeit or infringing, coupled with immediate and permanent suspension or termination of Seller’s Marketplace account, selling privileges, access to platform services, and all associated benefits, without any prior notice, opportunity for remediation, or right of appeal.
- Permanent Withholding and Forfeiture of Funds: Permanent and irrevocable withholding, freezing, impoundment, and forfeiture of any and all payments, funds, account balances, pending payouts, accrued earnings, and any other monetary consideration otherwise due or owing to Seller, in whole or in part, pending comprehensive investigation, definitive resolution of all infringement claims, and to offset, recoup, and fully compensate the Marketplace, rights holders, buyers, and other injured parties for any and all damages, losses, costs, expenses, and harms incurred as a direct or indirect result of Seller’s violations of this Policy.
- Mandatory Chargebacks, Refunds, and Financial Recourse: Mandatory imposition of chargebacks, refunds, and financial recourse obligations upon Seller for any and all purchases of counterfeit or infringing products by buyers through the Marketplace platform, with Seller bearing sole and exclusive responsibility for fully reimbursing and indemnifying the Marketplace for the full amount of all such chargebacks, refunds, transaction fees, penalties, and associated administrative costs, without limitation.
- Comprehensive Legal Action and Indemnification Obligations: Initiation of immediate and aggressive legal action by the Marketplace, TrekGuider Inc., and/or rights holders against Seller, seeking the full extent of legal and equitable remedies available under applicable law, including, without limitation, claims for injunctive relief, temporary restraining orders, preliminary and permanent injunctions, specific performance, accounting of profits, disgorgement of ill-gotten gains, compensatory damages (including direct, indirect, incidental, consequential, special, punitive, and exemplary damages), attorneys' fees, expert witness fees, court costs, pre-judgment and post-judgment interest, and any and all other forms of legal and equitable relief deemed just and appropriate by a court of competent jurisdiction. Seller further explicitly agrees to fully and unconditionally indemnify, defend, and hold harmless the Marketplace, TrekGuider Inc., its affiliates, officers, directors, employees, consultants, and agents from and against any and all claims, demands, actions, causes of action, lawsuits, judgments, liabilities, damages, losses, costs, and expenses of any kind or nature whatsoever (including reasonable attorneys' fees, expert witness fees, and court costs) arising out of, relating to, or resulting from any actual or alleged claim, demand, or cause of action asserting that Seller’s products are counterfeit or infringing, or that Seller has engaged in any conduct that constitutes a violation of this Policy on Counterfeit or Infringing Products, or any applicable intellectual property laws. This indemnification obligation shall explicitly extend to cover any reputational damage suffered by the Marketplace as a result of Seller's violation of this Policy.
- Referral to Law Enforcement and Regulatory Authorities: Unilateral and unrestricted referral of Seller’s activities, user account information, transaction records, and all other relevant data and evidence to rights holders, intellectual property enforcement organizations, customs authorities, law enforcement agencies, regulatory bodies, and governmental authorities, without any prior notice to or consent from Seller, for purposes of facilitating civil litigation, criminal prosecution, regulatory enforcement actions, and any and all other forms of legal or administrative proceedings deemed appropriate by the Marketplace in its sole and exclusive discretion.
Seller Affirmative Obligation to Report Suspected Infringements: Seller bears an affirmative, ongoing, and legally binding obligation to proactively monitor the TrekGuider Marketplace platform and to immediately report to the Marketplace, through the established reporting procedures meticulously outlined in the Copyright Policy, any and all product listings, offers for sale, or other content that Seller reasonably believes, or has credible evidence to suggest, may be counterfeit, infringing, or otherwise in violation of this Policy, regardless of whether such listings or content are offered by Seller or by other users of the Marketplace platform. Seller’s proactive reporting of suspected infringements is considered a material element of Seller’s ongoing compliance obligations under this Seller Agreement and is essential to maintaining the integrity of the Marketplace and protecting the intellectual property rights of rights holders and other users.
9. Affiliate Program (Affiliate Policy)
9.1. Unified Referral Program Overview
The Marketplace offers a unified Referral Program with a single referral link, providing distinct bonuses based on the type of new user registration:
· New Customer Registration: Referral link registration by a new customer activates buyer-specific bonuses.
· New Seller Registration: Referral link registration by a new seller activates author-specific bonuses.
9.2. Obtaining a Referral Link
· "Referral Program" Section in User Account: Each user (buyer and seller) will find a dedicated "Referral Program" section in their account dashboard.
· Unique Referral Link: This section contains the user's personalized referral link, designed to invite new buyers and sellers. The link is easily copied and can be shared through any communication channel.
· Concise Terms Description: The "Referral Program" section provides a brief overview of the program's key terms and bonuses, highlighting user benefits. A separate page (linked from this section and the website footer) offers comprehensive program details.
· "Share on Social Media" Buttons: For convenient link sharing, "Share" buttons for popular social media platforms (Facebook, Twitter, Reddit, etc.) are located next to the referral link.
· "Referral Program" Block on "Thank You" Page: After a successful purchase, a subtle block with referral program information and the user's personal referral link is displayed on the "Thank You" page, encouraging users to share their positive experience and earn additional bonuses.
9.3. Bonuses for Invited Customers (New Buyers)
· 15% Discount on First Order: A new customer registering through a referral link automatically receives a 15% discount on their first order (up to $50 USD). The discount applies exclusively to digital products, excluding services and tours.
· Bonuses for Referring User (Referrer): The referring user (buyer or seller) receives the following bonuses for each invited customer:
o Discount Promo Code: For each new customer who registers via a referral link, the referring user receives a one-time promo code for a 15% discount (up to $50 USD) on their next purchase.
o Free Platform Product: For every 10 successful invitations, the referring user can choose a free product from the platform catalog (up to $50 USD value) or a free product from sellers (up to $25 USD value) in the form of a promo code.
o A successful invitation is defined as a user registered through a referral link who makes a purchase within 7 days of registration.
9.4. Bonuses for Invited Sellers (New Sellers)
· Enhanced Start Conditions: New sellers registering through a referral link receive improved starting conditions compared to standard new seller terms:
o 4% Commission for the First Month: Instead of the standard 5% (Level 3) or 10% (Level 1) commission, the invited seller receives a 4% commission on all sales during the first 30 days from registration.
o Level 3 Storage for the First Month: The invited seller receives storage volume corresponding to Level 3 (1 GB) for the first 30 days.
o Condition to Maintain 4% Commission Permanently: If the invited seller achieves sales of $300 USD or more within the first month, they permanently retain the 4% commission and Level 3 storage volume.
o Standard Conditions if Condition Not Met: If the invited seller does not reach $300 USD in sales within the first month, they are automatically transitioned to the standard Level 3 with a 5% commission and 1GB storage volume.
· Bonuses for Referring User (Referrer): The referring user (buyer or seller) receives the following bonuses for each invited seller:
o 1% of Referral Income for 30 Days: The referring user receives 1% of the total income earned by the invited seller on the platform during the first 30 days from the referral's registration. This includes income from all sources available on the platform (digital product sales, services, tours, donations, etc.). The 1% is deducted from the platform's commission.
o 0.5% of Referral Income for the Next 11 Months: After the initial 30 days, the referring user continues to receive 0.5% of the total income earned by the invited author on the platform for the subsequent 11 months. The 0.5% is also deducted from the platform's commission.
9.5. Balance, Withdrawal, and Verification (for Sellers and Buyers with Referral Income)
· Balance in User Account: The platform provides a balance in the user account for all users (buyers and sellers), where funds from referral bonuses and sales (for sellers) are accumulated.
· Balance Top-Up and Withdrawal: The balance can be topped up or withdrawn at any time. However, withdrawal requires mandatory verification.
· Verification for Withdrawal (for all users with platform income):
o Initial Verification (SSN or non-US ID): For all users (buyers and sellers), the first withdrawal request (minimum withdrawal amount $40 USD) requires identity verification via SSN (for US citizens) or non-US ID (for non-residents). Buyers will receive a notification prompting verification near their balance, with a link to the seller registration page.
o Additional Verification (Stripe ID + Selfie): Upon reaching a total income (referral or other) of $100 USD, further withdrawals require additional verification via Stripe (ID + selfie).
o Verification Notification: Upon reaching a verification threshold, a prominent banner notification appears in the user's account dashboard (main dashboard tab for sellers or "referral program" tab for buyers), with verification instructions.
o Payout Suspension Pending Verification: Fund payouts are suspended until successful verification completion.
o Payout Resumption After Verification: Upon successful Stripe verification, withdrawal functionality is fully restored.
· Withdrawal Fees: All platform withdrawals are subject to a payment system fee of 0.25% + $0.25 USD.
· Instant Withdrawal Option: An alternative withdrawal method is available for a 1% fee (Stripe commission). This option allows for instant payouts within 30 minutes, any day of the week, including weekends.
9.6. Referral Program Management and Tracking
· "Referral Program" Section in User Account: The "Referral Program" section of each user's dashboard displays:
o Personal referral link.
o List of invited users (usernames and statuses: buyer/seller).
o List of earned bonuses (discount promo codes and free products, referral income information from sellers).
o Progress towards the next bonus for every 10 invitations (for buyers).
· "Referral Program" Section in Admin Panel: The platform's admin panel includes a section for referral program management and statistics analysis:
o Complete list of all invited users (buyers and sellers).
o List of all referring users (referrers).
o Overall referral program statistics (number of referrals, total bonuses paid, referral link conversion rates, etc.).
o Filtering and period selection tools for detailed data analysis and program effectiveness evaluation.
10. Intellectual Property and Content Management
10.1. Intellectual Property Ownership
- Retention: Sellers retain ownership of their digital content.
- License Grant: By listing content, Sellers grant the Marketplace a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute the content solely for operating and promoting the Marketplace.
10.2. Content Moderation
- Marketplace Rights: The Marketplace reserves the right to remove or modify any content that violates intellectual property rights or fails to meet content guidelines.
Seller Responsibility: It is the Seller’s responsibility to ensure that all products and content comply with applicable intellectual property laws.
11. Limitation of Liability
11.1. Marketplace Liability
- Intermediary Role: The Marketplace acts solely as an intermediary and is not liable for any losses, damages, or disputes arising from the Seller’s activities on the platform.
- Disclaimer of Consequential Damages: In no event shall the Marketplace be liable for any indirect, incidental, consequential, special, or punitive damages (including, without limitation, damages for loss of profits, revenue, data, or use) arising out of or related to this Agreement or the Seller's use of the Marketplace, even if the Marketplace has been advised of the possibility of such damages. Marketplace's total liability to Seller under this Agreement shall be limited to a fixed amount $100.
11.2. Seller’s Responsibility
- Full Accountability: Sellers are fully responsible for the legality, quality, and content of the products they list, as well as for any disputes related to those products.
12. Amendments and Updates
12.1. Amendments and Updates
- Marketplace Right to Amend: TrekGuider Inc. explicitly reserves the unilateral right to amend, revise, modify, or update this Policy, in whole or in part, at any time, for any reason, and at its sole and absolute discretion. This right includes, but is not limited to, the right to add, remove, or modify provisions, clauses, sections, or subsections of this Policy, and to introduce new policies, guidelines, or procedures at any time.
- Immediate Effectiveness and Posting of Updated Policy: Any and all amendments, revisions, modifications, or updates to this Policy shall become effective immediately upon their posting on the TrekGuider Marketplace website, unless a specific future effective date is explicitly designated by the Marketplace in the updated Policy. The most current and controlling version of this Policy will always be the version posted on the Marketplace website.
- User Notification of Significant Changes: While the Marketplace reserves the right to amend this Policy without prior notice, for substantive, material, or significant changes that, in the Marketplace’s sole discretion, may materially affect users' rights or obligations under this Policy, the Marketplace will endeavor to provide reasonable advance notification to users. Such notification may be provided via prominent posting of a notice on the Marketplace website, email communication to registered users, in-platform notifications, or other commercially reasonable means of communication, at the Marketplace’s sole discretion. However, the Marketplace provides no guarantee that users will receive actual or timely notice of all Policy amendments, and users remain solely responsible for periodically reviewing the Policy for updates.
12.2. Policy Review and Periodic Updates Schedule
- To ensure the enduring currency, continued operational effectiveness, and unwavering legal compliance of this Policy, and to proactively reflect the dynamic evolution of applicable legal and regulatory mandates, as well as ongoing adaptations in the TrekGuider Marketplace's business operations, technological infrastructure, and prevailing industry best practices, this Policy shall be subject to a formalized, meticulously structured, and consistently implemented program of periodic review and updates, conducted according to the following comprehensive schedule and rigorously defined process:
- Pre-Defined Triggers for Mandatory Policy Review: This Policy shall be automatically triggered for mandatory review and potential update on a pre-defined, recurring basis, and also on an ad-hoc, event-driven basis, specifically and immediately upon the occurrence of any of the following triggering events:
o Material Amendments to Governing Laws and Regulations: Any substantive amendments, significant revisions, comprehensive overhauls, or superseding enactments of controlling international, federal, state, or local laws, statutes, ordinances, regulations, administrative rules, or legally binding judicial precedents, decrees, or governmental directives that may, in any demonstrable manner, materially impact the substantive content, legal interpretation, practical enforcement, or overall legal defensibility of this Policy, or that may impose new, modified, or expanded legal or regulatory obligations, liabilities, or compliance requirements upon the TrekGuider Marketplace, shall automatically trigger an immediate, prioritized, and comprehensive review of this Policy to ensure continued, unimpeachable legal compliance and alignment with the most current legal and regulatory landscape.
o Substantial and Strategic Modifications to Core Business Model or Operational Practices: Any fundamental, strategic, or transformative changes, significant alterations, material expansions, or substantial evolutions in the TrekGuider Marketplace’s core business model, fundamental operational practices, primary service offerings, core technological infrastructure, principal data processing activities, key strategic partnerships, or other demonstrably material aspects of the Marketplace’s overarching operations, strategic direction, or business focus that may, in any reasonably foreseeable manner, necessitate substantive revisions, critical updates, or comprehensive re-evaluations of this Policy to ensure its continued accuracy, ongoing relevance, sustained operational effectiveness, and demonstrable alignment with the Marketplace’s current business practices, strategic imperatives, and evolving operational realities, shall automatically trigger a timely, thorough, and meticulously documented review of this Policy to guarantee its continued fitness for purpose and sustained practical applicability in the context of the Marketplace’s dynamically evolving operational environment.
- Rigorous and Multi-Party Policy Review and Update Process: The comprehensive review and any subsequent updates, revisions, or amendments to this Policy shall be conducted through a formalized, multi-party, and demonstrably rigorous process, collaboratively led and jointly executed by the TrekGuider Inc. Founder, serving as the ultimate business and operational authority for the Marketplace platform, and qualified, experienced, and duly authorized legal counsel, possessing specialized expertise in internet law, e-commerce regulation, data privacy compliance, and online marketplace legal frameworks, thereby ensuring a demonstrably comprehensive, demonstrably legally informed, and demonstrably operationally pragmatic assessment of the Policy’s continued adequacy, sustained legal defensibility, and ongoing practical effectiveness. This meticulously structured and rigorously implemented Policy review and update process shall systematically encompass, without limitation, the following essential procedural components and substantive analytical elements:
o Exhaustive Legal Compliance Review: Duly authorized and qualified legal counsel shall conduct a demonstrably exhaustive, meticulously documented, and demonstrably legally rigorous review of the entirety of this Policy, systematically assessing each and every provision, clause, and section of the Policy against the most current and comprehensively updated corpus of applicable international, federal, state, and local laws, statutes, ordinances, regulations, administrative rules, and legally binding judicial precedents, decrees, and governmental directives, meticulously identifying any and all areas, aspects, or provisions of the Policy that may, in counsel’s expert legal judgment, require substantive updates, revisions, or amendments to ensure the Policy’s continued, unimpeachable, and demonstrably robust legal compliance, sustained legal defensibility, and ongoing alignment with prevailing legal standards, regulatory expectations, and jurisprudential best practices.
o Comprehensive Operational and Business Alignment Review: The TrekGuider Inc. Founder, possessing ultimate operational authority and comprehensive strategic oversight for the Marketplace platform, shall conduct a demonstrably comprehensive, meticulously documented, and demonstrably operationally focused review of the entirety of this Policy, systematically evaluating each and every provision, clause, and section of the Policy against the Marketplace’s most current and strategically updated core business model, fundamental operational practices, primary service offerings, core technological infrastructure, principal data processing activities, key strategic partnerships, and other demonstrably material aspects of the Marketplace’s overarching operations, strategic direction, and business focus, meticulously identifying any and all areas, aspects, or provisions of the Policy that may, in the Founder’s expert operational and strategic judgment, require substantive updates, revisions, or amendments to ensure the Policy’s continued accuracy, ongoing relevance, sustained operational effectiveness, and demonstrable practical applicability in the dynamically evolving context of the Marketplace’s day-to-day operations, strategic imperatives, and evolving business realities.
o Meticulous Documentation and Version Control of Policy Amendments: Any and all substantive amendments, material revisions, comprehensive updates, or minor grammatical or stylistic edits to this Policy, resulting from the aforementioned rigorous and multi-party review process, shall be meticulously documented, comprehensively recorded, clearly version-controlled, and formally incorporated into the official, master Policy document, ensuring a complete, transparent, and readily auditable historical record of all modifications, revisions, and updates implemented over time. Each updated, revised, or amended iteration of the Policy shall prominently display a revised “Last Updated” date, conspicuously reflecting the precise date of the most recent substantive changes, thereby providing users with a readily accessible and easily verifiable mechanism for ascertaining the currentness and effective date of the governing Policy document.
This meticulously structured and rigorously implemented Policy Review and Periodic Updates Schedule is explicitly intended, and shall be consistently operationalized, to definitively ensure that this policy remains, at all times, a demonstrably living, dynamically evolving, consistently current, demonstrably legally compliant, demonstrably operationally effective, and unequivocally authoritative governing document, comprehensively reflecting the TrekGuider Marketplace’s unwavering, ongoing, and demonstrably proactive commitment to legal and regulatory compliance, adherence to industry best practices, and the transparent, accurate, and consistently up-to-date provision of essential policy information to its valued users, stakeholders, and the broader online community.
13. Governing Law and Jurisdiction
13.1. Applicable Law
- Legal Framework: This Agreement is governed by the laws of the United States, specifically the laws of the State of Delaware. For further legal details, refer to Delaware Code Online.
13.2. Dispute Resolution
- Resolution Process: Any disputes arising under this Agreement shall be resolved in the competent courts of Delaware or through arbitration as outlined in the Marketplace’s Dispute Resolution Policy.
- Waiver of Jury Trial: To the extent permitted by applicable law, Seller and Marketplace each waive their right to a jury trial in any legal proceeding arising out of or related to this Agreement.
14. Contact Information
For any questions or concerns regarding this Seller Agreement, please contact us at:
- Email: legal@trekguider.com
- Website Contact Form: https://trekguider.com/contact/
By listing products on the TrekGuider Marketplace, you confirm that you have read, understood, and agree to be bound by the terms of this Seller Agreement.