Motus Connect Store :: vendor-registration

This is the account owner's information. We'll use this in official communication.

Your Information

First Name* Required
Last Name* Required
Contact Phone Number
Email* This is your vendor username

Your account details and information about you and your company for us and buyers.
Also information we need to make payments to you or to contact you.
You can begin with just a Vendor Name and email but we'll need payment information before your items are listed for sale.

Vendor Information

Vendor Name* Required
Main Email* Required - used only by us
Contact Name
Mobile Phone
Support Phone
Main URL Displayed publically on this site
Support URL Displayed publically on this site
Support Emal Provided to purchasers
Sales Email Requests for more information

Company Description About you or your company

Base Currency We'll pay you in this
PayPal Account Our preferred payment method
Amazon Account Optional
Google Account Optional
Bank Name For bank transfers
Bank Account Number For bank transfers
Bank Routing Number For bank transfers
VAT Number Provide if you are a EU company
Tax ID Provide if you are a US company
Agree to Terms View Terms Here

If we need to send you anything via regular post, this is where we'll send it.

Billing and Contact Address

Adress Specific Contact
Address Line 1
Address Line 2
State or Province
City
Postal Code
Country Code
Phone

    SELLER AGREEMENT 

This Seller Agreement made between Motus Connect Incorporated, a Washington USA Corporation, hereinafter referred to as “Service Provider” and you, hereinafter referred to as “Seller”. 

The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: 



1. DEFINITIONS 

1.1. The following terms shall be defined as follows: 

1.1.1. Content means any information communicated using the Services. 

1.1.2. Buyer, Customer, or User means the entity that uses your Product or uses the Service to communicate with the Seller. 

1.1.3. Fee means the amount that the Seller pays the Service Provider for each product sold using the Service. 

1.1.4. Gross Sale Amount means the amount for which the Customer pays for the Seller's Product. 

1.1.5. Intellectual Property or IP means any computer programs or routines (in object code, source code, or embedded format, regardless of the medium on which it resides), algorithms, know-how, hardware and/or software configurations, inventions, documentation, translations, text and other works of authorship, data, databases, information, designs, utility models, symbols, logos, marks, names, procedures, processes, technical improvements and any other intangibles as well as the prototypes, samples, copies, and other materialized forms of the foregoing intangibles. 

1.1.6. Net Sale means the Gross Sale amount minus Fees. 

1.1.7. Product means any content posted for sale using the Service. 

1.1.8. Seller means the entity that uses the Service to sell Products. 

1.1.9. Service Provider or Services mean web site and other knowledge-based technology services. 



2. RIGHTS AND DUTIES OF SERVICE PROVIDER 

2.1. Service Provider will provide Seller with a place on its web site, “Motus Connect”, to display products for sell to the public in exchange for a Fee to be collected out of the proceeds from each sale. 

2.2. Service Provider will facilitate sales of Seller’s products by taking orders from customers. 

2.3. Service Provider will ensure the accurate distribution of the software products, downloads, that are purchased by customers. 

2.4. Service Provider shall have the right to remove any software product or products that become the subject of a legal dispute, including any alleged copyright violations, between the Seller and a third party, until such dispute is resolved to the satisfaction of all parties involved in the dispute and parties to this agreement. 

2.5. Service Provider will be responsible for the proper distribution and division of sales proceeds according to the previously agreed upon division of proceeds for each product sold. 

2.6. Service Provider will provide contact information to customers who have purchased products from the Seller. 

2.7. Service Provider has the right to change the conditions or discontinue the services provided under this agreement at anytime without notification to the Seller or other parties participating in the service. 

2.8. Service Provider has the right to add, edit, or remove seller content without prior notification.

3. RIGHTS AND DUTIES OF SELLER 

3.1. Seller will pay Service Provider a Fee for each product that is sold on Service Provider’s website. 

3.2. Seller will provide Service Provider with accurate information regarding the Seller’s product to be displayed on the Service Provider’s website. 

3.3. Seller will provide Service Provider with accurate and verified information as requested by the Service Provider (e.g. address and tax information). 

3.4. Seller is responsible for providing technical support and order support of those customers who purchase their products. 

3.5. Seller will offer refunds to customers for purchases in which the software products fail to perform as described in the product description. 

3.6 Seller will enforce the end user license agreement for its products. 

3.7. Seller will be solely responsible to enforce any additional rights it may have with respect to any products displayed on the Service Provider’s website. 

3.8. Seller will be responsible for complying with its country, regional, state, and local laws that may apply when using the Service Provider's website.  

4. PAYMENT OF FEE 


4.1 The Net Sale proceeds will be paid to the Seller.  The Net Sale is determined as: Gross Sales price (not including taxes collected and withheld as required by law) less a) 3rd-party fees (currency conversion, payment gateway, cross border fee, etc.), b) 20% Service Provider fee, c) 10% Project Contribution.


4.2. Net Sale proceeds for each sale will be calculated using the equivalent EUR or USD Gross Sales price on the sale date.  Service Provider will use the currency exchange rate as determined by PayPal on the date of the sale.

4.3. Service Provider will pay Seller on a monthly basis the first business week of the month for the prior month's sales. 

5. WARRANTY 

5.1. Seller warrants and represents that: 

5.1.1. Compliance. Seller will comply with all applicable laws. 

5.1.2. No Infringements. Unless specifically excluded by written agreement between the parties, all Product and Content posted under this Agreement shall be the original work and that no Products nor Content, nor any development, use, production, distribution or exploitation thereof will infringe, misappropriate or violate any intellectual property or other right of any person or entity. 

5.1.3. Expense of Compliance. Seller will, at Service Provider’s request and direction, take adequate legal steps to comply with the Seller Agreement, at the Seller’s expense. 

5.1.4. Terms. Seller agrees to the terms listed in this agreement and those of the “Terms of Use” posted on the Service Provider’s website, which are hereby incorporated by reference as if fully stated herein. 

5.1.5. Confidentiality. Seller will hold in strict confidence the terms of this Agreement. 



6. INDEMNIFICATION 

6.1. Seller shall indemnify and hold harmless Service Provider (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, employees and Customers as well as any customers of Service Provider or their direct or indirect customers, employees and representatives) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys' fees and all related costs and expenses) incurred as a result of any claim, judgment, or adjudication arising from a claim: (i) that any Product, Service or action or omission by Seller infringes Proprietary Rights or other rights of a third party;. Service Provider shall: (a) give Seller prompt written notice of any claim; and (b) allow Seller to control, and cooperate with Seller in, the defense and all related negotiations, provided that Service Provider’s reasonable interests are maintained. 



7. ARBITRATION, JURISDICTION, AND VENUE 

7.1. All Disputes shall be finally resolved by binding arbitration before three (3) arbitrators, selected and proceeding pursuant to the International Arbitration Rules of the International Center for Dispute Resolution (IDCR), in the English language, in Bellingham, Washington, or any other location on which all three arbitrators unanimously agree. The arbitrators shall, at either party’s request, give a written opinion stating the factual basis and legal reasoning for the decision in the English language. The arbitrators so appointed shall have the authority to determine issues of arbitrability. The arbitrators shall have the authority to award compensatory damages only and shall not award punitive or exemplary damages. The parties, their representatives, other participants and arbitrators shall hold the existence, subject matter and result of arbitration in confidence. 

7.2. This Agreement shall be construed under and governed by the laws of the State of Washington USA and any litigation arising out of this Agreement shall be in the state courts located in Whatcom County, Washington USA. Either party may, at its sole discretion, seek injunctive relief including, but not limited to, preliminary injunctive relief. The prevailing party in any legal proceeding brought by one party against the other party in a Dispute shall be entitled to recover its legal expenses, including, but not limited to, the costs of any court or arbitration proceeding and reasonable attorneys’ fees. 



8. ENTIRE AGREEMENT 

8.1. This instrument contains the entire agreement between the parties, and no statement, promises, or inducements made by either party or agent of either party that is not contained in this written contract shall be valid or binding; and this contract may not be enlarged, modified, or altered except in writing signed by the parties and indorsed hereon. 


9. SUCCESSORS IN INTEREST 

9.1. This agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, assignees, and successors of the respective parties. 



10. PREVAILING LANGUAGE 

10.1. The English language of this version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies or ambiguities. 



11. SIGNATORIES 

11.1. IN WITNESS WHEREOF, the parties hereto acknowledge, understand and agree to this Agreement, and the electronic acceptance represent that they have the authority to enter this Agreement on behalf of their respective companies. 

/S/ Motus Connect Incorporated, 2511 Lynn St, Bellingham, WA 98225 USA