Seller Policy  

 

Last modified: May 10, 2022 

 

Welcome to Kwik! Kwik is a unique marketplace where brands can harness the power of fans to reach a wider and deeper audience than ever before. We care about your experience and the experiences of your buyers. This Sellers Policy will walk you through your rights and responsibilities as a Seller (“You”, “Your”, “Brand”, “Your Brand”). By selling or attempting to sell any goods or services through Kwik (“We”, “Us”, “Our”), you confirm that you have read and understand this Seller Policy , and that you agree to be bound by the same. Additionally, you understand and acknowledge that this Seller Policy shall be read in harmony with Kwik’s Terms and Conditions, which are incorporated by this reference as if the same were fully set forth herein.   

 

  1. Kwik Products 

 

Our Products and Services include  

  • A marketing platform that allows you to connect to influencers  

  • Place to sell your products  

  • Real-time dashboards to monitor campaigns and marketing costs  

  • A way to advertise  

  • A way to connect  

 

  1. Selling on Kwik  

 

Brand Representation 

 

You understand that you must have authority to sell and represent a Brand through Kwik from said brand. You also understand that by creating an account that you do not have authority to represent Kwik in any way, including selling products that claim to be produced by Kwik.  

 

On Kwik, you can sell goods or services.  By selling on Kwik, you agree that:   

  • You recognize all makers of the product.  

  • Any photo or image accurately portrays the product.  

  • Any photo or image you use or upload does not violate any third party’s rights, including, but not limited to, trademarks, copyrights, etc. 

  • Product descriptions are accurate and honest.  

  • Products are labeled according to FTC, FDA, Fair Packaging and Labeling Act, and all other labeling requirements as required by your sales locale.  

 

The following items cannot be sold on Kwik:   

  • Alcohol, drugs, drug paraphernalia, tobacco, and medical drugs  

  • Hate items (items that glorify symbols traditionally associated with hate speech)  

  • Human remains  

  • Dangerous items such as hazardous materials, recalled items, and weapons  

  • Illegal items, highly regulated items, and/or items promoting illegal activity  

  • Internationally regulated items  

  • Pornography and mature content  

  • Items that support, promote, or glorify violence  

  • Known environmentally damaging products including any hazardous materials. 

 

If any of these items are sold through Kwik, Kwik will take appropriate action as this is a violation of our terms.  

 

Additionally, you agree to the following standards when selling goods and services through Kwik Products:  

  • Your product listing must comply to local laws including California Proposition 65 (Prop 65) with items that may require a warning (such as for items that may expose consumer to a chemical or cancer-causing agent).  

  • Any fair-trade policy etc. must be met.   

  • No duplicate listings are allowed.  

 

We reserve the right to withdraw any goods, services, or other content that violate our policies.  We reserve the right to terminate your account without refunding fees for violation of policy.     

 

Setting up Your Shop  

 

Your Shop must be your own and is your responsibility. By selling or attempting to sell on Kwik, you confirm that you are at least 18 years of age. You also agree that the information provided on your Shop is true and accurate.  

 

Code of Ethics and Responsibility 

 

You confirm that you are legally authorized to conduct business in a represented sovereignty. You must disclose any personal relationships with Kwik directors or employees and any gifts or hospitality to Kwik directors or employees. As you set up your Shop, you agree to conduct fair business practices and agree to Our Standards outlined below. You agree to any advertising and competition laws of your country. You agree that your company practices the laws and expectations of labor and human rights of your country. 

 

  1. Our Standards 

 

By selling on Kwik, you agree to operate by our standards regarding products, communication, customer service, and any other activities carried out on Kwik. To maintain the integrity of Kwik and ensure that all have a quality experience, do not do anything to  

  • Impede or violate intellectual property rights  

  • Access, collect, utilize, sell, or transfer any data from all Kwik products that is not provided to you by Kwik 

Regarding Kwik specifically, you agree not to  

  • Upload or aid the introduction of any virus or malicious code to Kwik products or users  

  • Disable, overburden, or impair the proper working or appearance of our products  

  • Access (or attempt to access) or collect data from our products using any automated manner you do not have permission to access  

  • Violate local or international laws, rights, trademarks, or intellectual property  

  • Violate our policies regarding what cannot be sold on Kwik  

Any violation of these Standards may result in (but is not limited to):  

  • Limiting the use of your account   

  • Removing your content  

  • Prohibiting and/or terminating your use of any or all Kwik Products  

  • Prohibiting you from selling or promoting of goods or services by way of Kwik  

 

Service Standards  

 

By selling or attempting to sell on Kwik, you agree to meet our Service Standards. This means you work to maintain trust with customers and agree to provide quality customer services. If Services Standards are not met, Kwik will contact you.  

 

As the Seller, you agree to:  

  • Honor shipping & processing obligations and promised times. 

  • Be prompt in shipping your goods, products, services. 

  • Honor your own campaign policies. 

  • Promptly respond to comments and questions. 

  • Resolve issues directly with your Brand. 

  • Notify the buyer if the sale will not be completed and cancel the order. 

  • Have sufficient inventory levels available and to provide Kwik with an update as to such inventory levels daily. 

  • Provide pricing and shipping that is consistent with your own website or other online sales channels (Inflated shipping costs are not accepted.) 

  • Have proper insurance for your product. Kwik does not hold product liability for brands products or campaigns. 

  • Never knowingly mislead a customer. Kwik has zero tolerance for such activities, which could include (but are not limited to) sending empty packages, falsifying tracking information, or causing excessive shipping delays, breakages, sending the incorrect product, or sending a misrepresented product.  

 

Each country has standards and laws concerning refunds, shipping, processing, cancellations, and exchanges. It is your responsibility to familiarize yourself with the laws of your country and your buyer’s country.  

 

 

  1. Working with Kwik 

 

Seller Fees  

 

Kwik has no upfront fees and is risk-free. You only pay when you make a sale. Kwik charges a merchant processing free of 3.9% and 20% of the incentive budget.   

 

Kwik acts as a facilitator only. Kwik helps you sell your goods and facilitated the transaction by collecting funds from the buyers and forward the collected funds (subject to the adjustments and charges outline herein) to you. Kwik is not a party to your transactions with your buyers. You acknowledge and agree that Kwik’s facilitation does not make Kwik a party to your transaction. By using Kwik and Kwik’s Products, you expressly acknowledge and agree to indemnify and hold Kwik harmless from any liability, claim, loss, damages, etc. arising from or related to your transactions with buyers.  

  • Note: Kwik will collect and remit sales tax for the seller/brand.  This portion of the sale will not be remitted to you.   

  • Note: Kwik will collect shipping charges as designated by the brand.  This portion will be passed through to you without fees or commissions.    

 

 

We may establish a reserve on your account based on our assessment of risks to Kwik or other third parties posed by your actions or performance, and we may modify the amount of the reserve from time to time at our sole discretion.  


Funds Transfers  


Except as otherwise stated in this Agreement, we will remit to you your available balance with the following limitations: Payout amount cannot be less than $30 USD or similar equivalent in other currencies.  the funds have been available for over 30 days, the payout of less than $30 will be allowed.  For vendor payouts, the available balance eligible for remittance is the total unpaid sales proceeds minus applicable transaction fees as of the requested transfer date and will be subject to the following schedule: funds resulting from a product sale become available 1 day after the return period on that purchase with a minimum 7 day holding period. Funds from sales with a 0-6 day return period will be pending until 7 days following the purchase, and funds from product sales with a 7+ day return period will be pending until 1 day after the set return period.  Vendors / users must request their payouts via kwik.com or the app. The payout will be processed via ACH or PayPal within 2-3 business days. 

 

Non-Employment Clause 

 

Be aware that this Seller Policy does not create any partnership, joint venture, employment, or franchise relationship between you and Kwik. When you sell through Kwik, you understand that you are not a Kwik employee.   

 

401(k) Exclusion Policy   

 

As a Seller, you understand that Kwik does not and is not responsible for offering you a 401(k) plan as you are not a Kwik employee. 

   

Marketing Affiliate 

 

Kwik works with New Age, an affiliate marketing platform. Affiliate marketing platforms work with companies and networks of business, selling their products and services. Your Brand’s products will be marketed through New Age, and they are paid a commission whenever they succeed in selling your Brand’s product. The details of the commission earned by New Age is known here as Point Value. The Point Value is negotiated between New Age and Your Brand. Kwik does not have any responsibility for negotiating the Point Value. You understand that Kwik does not have any liability in the relationship, communications, etc. between your Brand and New Age.  

 

  1. Data and Privacy 

 

Protecting Buyer Privacy  

 

You agree to abide by all relevant legal requirements regarding protecting buyers’ personal information. Relevant legal requirements include data protection and privacy laws that govern the use of user information. You may be required to post and comply with your own privacy policy, which must be accessible to Kwik users. Your privacy policy must be compatible with this policy.    

 

Sellers may use buyer information obtained from Kwik transactions only. Under certain laws, you may be required to comply with requests from buyers regarding data access, correction, deletion, portability, and objections to processing.  You may not contact the buyer for any reason outside of the Kwik transaction. This includes but is not limited to:  

  • Promotional material in packaging  

  • Emails  

  • Mailings  

  • Other requests  

 

Do not disclose personal information without the buyer’s consent. You are responsible for all disclosures, which includes unintentional data breaches. Do not use buyer informationfor unauthorized transactions or unsolicited commercial messages or use the buyer’s personal information for marketing purposes. Do not add the buyer’s email or contact information to your personal emailing list or contacts without the buyer’s consent.   

 

Understanding this standard of consent is your responsibility as a Seller. If Kwik and you are joint controllers of personal information, and if Kwik is fined, sued, or otherwise incurs expenses due to your actions as a joint data controller of buyer personal information, you agree to fully indemnify Kwik and hold Kwik harmless from any such expenses, fines, suites, claims, liabilities, etc.   

 

Seller Privacy  

 

Your privacy is important to us. We will not sell, distribute, or make public your personal information to any third parties, except insofar as required by law. Personal information may include but is not necessarily limited to your full name and address, credit card information, tax identification numbers, place and date of birthand – insofar as the Seller is a legal entity – the legal name, statutory seat and primary address, business registration numbers, information as to any permanent establishments through which relevant activities are carried out as well as comparable financial and personal information. Kwik may use other information without using your name. This will be kept within Kwik and not disclosed to a third party.    

 

Some information will be required for you to set up your campaign. If you elect to use Kwik’ payment service, you will be required to provide information including your full name, tax ID or identification ID, photograph, bank account information, credit card information, and other proof of identification so we can verify your identity and provide this service while complying with relevant laws.   

 

A Seller is required and hereby agrees to provide any and all information as requested by Kwik in order for Kwik to comply with statutory requirements, such as (but not necessarily limited to) information requests by tax authorities. In case a Seller does not provide the requested information after two reminders following the initial request by Kwik, Kwik shall at its full discretion, but not prior to the expiration of 30 days following the initial request by Kwik: (i) close the account of the Seller and prevent the Seller from re-registering on any of the Kwik Products; and/or (ii) withhold payment of any outstanding amounts to the Seller as long as the Seller does not provide the requested information. 

 

When you post content through Kwik, you grant Kwik a license to use it. We never express the content as our own. By allowing us to use content posted by Sellers, we can promote Seller products to other Sellers and Buyers based on their listings, searches, and use of Kwik Products. This permission also allows Kwik to make certain adjustments to content, such as enhancing or resizing a photo to promote it or translating content into a different language as needed.  

 

For full details on what and how information is collected and used, see our Privacy Policy. 

 

  1. Communication and Disputes 

 

Reviews and Responses  

 

Buyers can leave reviews within 100 days of buying your product, including uploading pictures and leaving a rating. These can boost your product’s sales. However, there may be times when a buyer leaves an unfavorable review. You can communicate with the buyers directly or respond to their comment. In your response, do not include any private information. Refer to our Standards for other content that is not permittable, such as hate speech, threats, extortion, harassing language, or any comment or image that is obscene or racist in any way. Do not include any advertising or spam, shilling (falsely inflating a shop’s review score), or anything that undermines the reviews system. These same standards apply to the buyer’s reviews, which also not include things that are outside the Seller’s control (for example, the shipping carrier).   

 

Case System  

 

Buyers should first reach out to You, the Seller, regarding concerns or in obtaining a refund for an order. Create your own policy that is visible to your buyers and be consistent with responding to messages and reviews. If the item is not delivered or is not as described on Kwik, the buyer can open a case with Kwik. We will then work with you and the buyer to resolve the issue in a timely manner. If a buyer contacts Kwik first about a case, Kwik will contact you.  You agree to appropriately respond the customer within one (1) business day.    

 

The buyer must provide a photo for an item that is claimed to be not as described or as shown on your shop. Examples of these items might include an item(s) that is/are  

  • made of a different material or pattern than described  

  • a different size, color, model, or version   

  • in a different condition than described (i.e., is described as new but is used)  

  • the wrong quantity of items   

  • damaged or missing pieces or parts, and was not communicated to the buyer beforehand  

 

You are not responsible for errors that are a result of third-party shipping if you can provide evidence of shipping it within a reasonable timeframe. However, buyers can also make cases for items that are late for delivery. This might include items that are useless or expired when the buyer receives it. If you agreed to have the item to the buyer by a specific date and the date has passed, or if you as the seller shipped the items later than your stated processing time, this can also be eligible for a case.  In the case of non-delivery, a buyer may open a case if there is no evidence that you have shipped the item or if you shipped the item to the wrong address. If you shipped the item within a reasonable timeframe to the correct address and the buyer never received it, contact the third-party shipping company to address the issue.   

 

When a case is open, Kwik will notify you. It is your responsibility to respond within three days of the notification. If the buyer claims the item is not as described, work with the buyer to show their item matches the item listed. In the event the item does not match the item listed, work to ensure the buyer receives the correct item.   

 

Cases will be resolved if:  

  • You issue the buyer a full refund   

  • The buyer closes the case  

  • If the case was open due to non-delivery and you provide evidence that the item was shipped in a timely manner to the buyer’s address  

  • You will be responsible for merchant fees, shipping and handling, disposal, and any claims on Kwik cash that is paid during the dispute.   

 

In the unlikely even the case is open longer than 45 days, the case will be automatically closed, and a full refund must be given to the buyer.   

 

Returns  

 

Return Times: Your Kwik platform must include a return policy and buyers must be able to return products as per your specified return policy.  In no cases can the return policy be less than 14/21 days or longer than 60 days on returnable items.    

 

Return Refunds: You agree to pay the buyer the full amount of the buyer’s purchase price directly to the buyer. Shipping may not be refunded unless there is a discrepancy with the product.   

Non-returnable items: If you have non-returnable items, they must be specifically listed / stated.  These may include digital, food, personalized, or hygienic items.    

 

Refund of commissions paid: when you receive a returned item, please emaiBrands@kwik.com with the following:   

  • Order Number  

  • Customer Name  

  • Item they returned  

 

Fraud will be evaluated based on both User and Brand.  

 

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