By completing the registration form on the webpage https://barreledapparel.com/stage/vendor-register/ you are entering into an agreement with Streeter Johnson Creative LLC, DBA Barreled Apparel, based on the following the following terms and conditions:
Independent Contractor. Subject to the terms and conditions of this Agreement, the Vendor hereby engages Barreled Apparel as an independent contractor to perform the services set forth herein, Barreled Apparel hereby accepts such engagement.
License Agreement. Subject to the terms and conditions of this Agreement, Vendor grants Barreled Apparel a non-exclusive, non-transferable, non-sublicensable, revocable license to list and sell items incorporating the Vendor’s logo(s), Trademarks and other branding on the Barreled Apparel online store, highonmerch.com.
Duties, Term, and Compensation. Barreled Apparel’s duties, term of engagement, compensation and provisions for payment thereof are fully set forth below, which may be amended in writing from time to time, or supplemented with subsequent estimates for services to be rendered by Barreled Apparel and agreed to by the Vendor, and which collectively are hereby incorporated by reference.
Barreled Apparel agrees to provide for the sale of Vendor’s branded and un-branded products via an online store operated by Barreled Apparel. The online store is hosted on a WooCommerce WordPress page at the web address barreledapparel.com. Barreled Apparel reserves the right to change its hosted online store.
Items will only be listed on Barreled Apparel’s online store after receiving Vendor approval. All orders will be fulfilled by Barreled Apparel and or its production partners. The Vendor reserves the right to request removal or modification of listed items from the website at any time. This contract is valid from today’s date through the end of this calendar year and will renew automatically at the beginning of each calendar year thereafter until notice of dissolution is given.
For each item sold, The Vendor will receive from Barreled Apparel 25% of the purchase price. This excludes shipping and sales tax paid by the customer. If a product is sold at a discount, the Vendor will receive 25% of the sale price after the discount. At minimum, The Vendor will be paid quarterly (January-March, April-June, July-September, October-December). If the contract is terminated, listed products will be removed from the website within 48 hours and the remaining balance will be paid to the Vendor within two weeks of termination. These payments are not applicable to any wholesale items purchased from The Vendor by Barreled Apparel.
All customer service inquiries for items listed or purchased on the Barreled Apparel online store, including order fulfillment, requests for exchanges, and returns will be the responsibility of Barreled Apparel and will be subject to its policies. If an item is returned or exchanged, it will then become property of Barreled Apparel and The Vendor will be allowed to retain the original 25% payment from the sale.
Collection and payment of applicable sales tax from sales pursuant to this Agreement are the responsibility of Barreled Apparel.
The Vendor represents and warrants that The Vendor owns and/or controls the rights granted to Barreled Apparel in this Agreement and The Vendor has the right to grant such rights and to enter into this Agreement. To the best of The Vendor’s knowledge, the licensed Intellectual Property does not infringe upon or violate any copyright, patent, trademark, or other proprietary right of a third party or any applicable law, regulation, or non-proprietary right of a third party and The Vendor has no knowledge of any claim which, if sustained, would be contrary to The Vendor’s warranties, representations, and obligations contained in this agreement. The Vendor will defend, indemnify and hold Barreled Apparel harmless for any claims of infringement.
Termination. Either party may terminate this Agreement at any time by giving the other party ten (10) working days’ written notice. All monies owed to the Vendor as a result of work performed prior to such termination shall be paid to the Vendor within five (5) days of such termination.
Independent Contractor. This Agreement shall not render Barreled Apparel an employee, partner, agent of, or joint venturer with the Vendor for any purpose. Barreled Apparel is and will remain an independent contractor in its relationship to the Vendor.
Choice of Law. The laws of The Vendor’s home state shall govern the validity of this Agreement, the construction of its terms and the interpretation of the rights and duties of the parties hereto.
Waiver. Waiver by one party hereto of breach of any provision of this Agreement by the other shall not operate or be construed as a continuing waiver.
Modification or Amendment. No amendment, change or modification of this Agreement shall be valid unless in writing signed by the parties hereto.
Attorney Fees. If any legal action is necessary to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees in addition to any other relief to which that party may be entitled.
Severability. Should any part or provision of this contract be adjudicated inoperative or invalid the remaining provisions of the contract will remain in effect and operate as if the invalid or inoperative provision had never existed.
Entire Understanding. This document constitutes the entire understanding and agreement of the parties, and any and all prior agreements, understandings, and representations are hereby terminated and canceled in their entirety and are of no further force and effect.