Terms and Conditions ("Terms")

Last updated: April 18, 2019

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the geekit.app website (the "Service") operated by GEEK-IT! ("us", "we", or "our").

If you are attending an event operated by GEEK-IT!, please also read the GEEK-IT! Events terms and conditions.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Accounts

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Links To Other Websites

Our Service may contain links to third-party web sites or services such as Stripe that are not owned or controlled by GEEK-IT!.

GEEK-IT! has no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that GEEK-IT! shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.


Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for reasons such as spamming, suspicious/illegal activities, display of nudity, online harassment , including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Terms specific for Shop Owners

1 Terms applicable to all Listings

a.When creating a Shop through the GEEK-IT Platform you must (i) provide complete and accurate information about your SHOP (such as description, location, and product description), (ii) disclose any deficiencies, restrictions (such as rules and conditions) and requirements that apply (such as any minimum age, proficiency or fitness requirements for an activity) and (iii) provide any other pertinent information requested by GEEK-IT! . You are responsible for keeping your SHOP information up-to-date at all times.

b.You are solely responsible for setting a price (including any Taxes if applicable, or any additional charges) for your SHOP. Once a User buy an item of your SHOP, you may not request that user pays a higher price than the one displayed on your SHOP.

c. Any terms and conditions included in your SHOP, in particular in relation to refund, must not conflict with these Terms.

e. Pictures, animations or videos (collectively, "Images") used in your SHOP must accurately reflect the quality and condition of your services/goods. GEEK-IT! reserves the right to require certain items to have a minimum number of Images of a certain format, size and resolution.

f. The placement and ranking of SHOP in search results on the GEEK-IT! Platform may vary and depend on a variety of factors, such as user search parameters and preferences, SHOP requirements, price and availability, number and quality of Images, customer service and Reviews.

2 Listing Accommodations

a. You represent and warrant that any Item you post will (i) not breach any agreements you have entered into with any third parties, such as Stripe or municipality/state law, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations).

Cookie Policy


GEEK-IT! uses cookies and similar technologies to help provide, protect, and improve the

A cookie is a small data file that is transferred to your device (e.g. your phone or your computer). For example, a cookie could allow us to recognize your browser, while another could store your preferences. There are two types of cookies used on the GEEK-IT! Platform: (1) “session cookies” and (2) “persistent cookies.” Session cookies normally expire when you close your browser, while persistent cookies remain on your device after you close your browser, and can be used again the next time you access the GEEK-IT! Platform.

We also use other technologies with similar functionality to cookies, such as web beacons, pixels, mobile identifiers, and tracking URLs, to obtain Log Data. For example, our email messages may contain web beacons and tracking URLs to determine whether you have opened a certain message or accessed a certain link.

Service Fees

GEEK-IT! may charge fees ( "Service Fees") in consideration for the use of the GEEK-IT! Platform.

Any applicable Service Fees (including any applicable Taxes) will be displayed to a User prior when purchasing an item on the GEEK-IT! Platform. GEEK-IT! reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any items sold prior to the effective date of the fee change.

You are responsible for paying any Service Fees that you owe to GEEK-IT! . The applicable Service Fees (including any applicable Taxes) are collected by GEEK-IT! Payments. GEEK-IT! Payments will deduct any Service Fees from the item before remitting the payout to the Shop Owner. Service Fees are non-refundable.





Governing Law

These Terms shall be governed and construed in accordance with the laws of Quebec, Canada, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact Us

If you have any questions about these Terms, please contact us at info@geekitcon.com

GEEK-IT! Services Business Solutions Agreement

General Terms

THIS GEEK-IT! SERVICES BUSINESS SOLUTIONS AGREEMENT (THE "AGREEMENT") CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND GEEK-IT!. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES THAT APPLY FOR EACH COUNTRY FOR WHICH YOU REGISTER OR ELECT TO USE A SERVICE (IN EACH CASE, THE "ELECTED COUNTRY").

As used in this Agreement, "we," "us," and "GEEK-IT! " means the applicable GEEK-IT! Contracting Party and any of its applicable Affiliates, and "you" means the applicant (if registering for or using a Service as an individual), or the business employing the applicant (if registering for or using a Service as a business) and any of its Affiliates. Capitalized terms have the meanings given to them in this Agreement. If there is a conflict among terms in this Agreement, the Program Policies will prevail over any applicable Service Terms and the General Terms, and the applicable Service Terms will prevail over the General Terms.

Enrollment.

To begin the enrollment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law (for example, the Elected Country may not allow minors to use the Services).

Service Fee Payments; Receipt of Sales Proceeds.

Fee details are described in the applicable Service Terms and Program Policies. You are responsible for all of your expenses in connection with this Agreement. To use a Service, you must provide us with a valid bank account information for a bank account or bank accounts acceptable by GEEK-IT! (conditions for acceptance may be modified or discontinued by us at any time without notice) ("Your Bank Account"). You will use only a name you are authorized to use in connection with the Service and will update all of the information you provide to us in connection with the Services as necessary to ensure that it at all times remains accurate, complete and valid. You authorize us (and will provide us documentation evidencing your authorization upon our request) to verify your information (including any updated information). All payments to you will be remitted to Your Bank Account through a banking network or by other means specified by us.

If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to GEEK-IT! or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to GEEK-IT!or third parties persist. For any amounts that we determine you owe us, we may (a) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (b) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (c) reverse any credits to Your Bank Account; or (d) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate our Program Policies, then we may in our sole discretion permanently withhold any payments to you. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency.

Term and Termination.

The term of this Agreement will start on the date of your completed registration for or use of a Service, whichever occurs first, and continue until terminated by us or you as provided in this Agreement (the "Term"). We may terminate or suspend this Agreement or any Service for any reason at any time by notice to you. You may terminate this Agreement or any Service for any reason at any time by the means then specified by GEEK-IT! . Termination or suspension of a Service will not terminate or suspend any other Service unless explicitly provided. Upon termination, all rights and obligations of the parties under this Agreement will terminate.

License.

You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights to our Affiliates and operators of GEEK-IT! Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Trademarks (provided you are unable to do so using standard functionality made available to you via the applicable GEEK-IT! Site or Service); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).

Representations.

You represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing and in good standing under the Laws of the country in which your business is registered and that you are registering for the Service(s) within such country; (b) you have all requisite right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by you or your Affiliates to GEEK-IT! or its Affiliates is at all times accurate and complete; (d) you and your financial institution(s) are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority; and (e) you and all of your subcontractors, agents, and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.

Indemnification.

You release us and agree to indemnify, defend, and hold harmless us, our Affiliates, and our and their respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys' fees) (each, a "Claim") arising from or related to: (a) your actual or alleged breach of any obligations in this Agreement; (b) any of Your Sales Channels other than GEEK-IT! Sites and GEEK-IT! Associated Properties, Your Products (including their offer, sales, performance, and fulfillment), Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death, or property damage related thereto; (c) Your Personnel (including any act or omission of Your Personnel or any Claim brought or directed by Your Personnel); or (d) Your Taxes. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

Disclaimer & General Release.

a. THE GEEK-IT! SITES AND THE SERVICES, INCLUDING ALL Product , SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU USE THE GEEK-IT! SITES AND THE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE GEEK-IT! SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.

b. BECAUSE GEEK-IT! IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES GEEK-IT! (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

Limitation of Liability.

WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF GEEK-IT!HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES.

Confidentiality.

During the course of your use of the Services, you may receive information relating to us or to the Services, including but not limited to GEEK-IT! Transaction Information, that is not known to the general public ("Confidential Information"). You agree that: (a) all Confidential Information will remain GEEK-IT! 's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not otherwise disclose Confidential Information to any other Person; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

Use of GEEK-IT!Transaction Information.

You will not, and will cause your Affiliates not to, directly or indirectly: (a) disclose any GEEK-IT! Transaction Information (except that you may disclose that information solely as necessary for you to perform your obligations under this Agreement if you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information); (b) use any GEEK-IT! Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with our or your privacy policies or applicable Law; (c) contact a Person that has ordered Your Product with the intent to collect any amounts in connection therewith or to influence that Person to make an alternative transaction; (d) disparage us, our Affiliates, or any of their or our respective products or services or any customer; or (e) target communications of any kind on the basis of the intended recipient being an GEEK-IT! Site user. In addition, you may only use tools and methods that we designate to communicate with GEEK-IT! Site users regarding Your Transactions, including for the purpose of scheduling, communicating, or cancelling the fulfillment of Your Products. The terms of this Section 14 do not prevent you from using other information that you acquire without reference to GEEK-IT! Transaction Information for any purpose, even if that information is identical to GEEK-IT! Transaction Information, provided that you do not target communications on the basis of the intended recipient being an GEEK-IT! Site user.



Suggestions and Other Information.

If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to any GEEK-IT! Site or Service (including any related Technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted Product .

Modification.

We may amend any of the terms and conditions contained in this Agreement at any time and at our sole discretion. you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. Changes to Program Policies may be made without notice to you. You should refer regularly to the Service Terms and to be sure that the items you offer can be offered via the applicable Service. YOUR CONTINUED USE OF THE SERVICE AFTER GEEK-IT! 'S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.

Definitions

As used in this Agreement, the following terms have the following meanings:

"Affiliate" means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity.

"GEEK-IT!Associated Properties" means any website or other online point of presence, mobile application, service or feature, other than an GEEK-IT! Site, through which any GEEK-IT! Site, or products or services available on any of them, are syndicated, offered, merchandised, advertised, or described.

"GEEK-IT! Sites" means the website, the primary home page of which is identified by the url www.geekit.app and the url www.geekitcon.com, and any successor or replacement of such website.

"GEEK-IT!Transaction Information" means, collectively, Order Information and any other data or information acquired by you or your Affiliates from GEEK-IT! , its Affiliates, or otherwise as a result of this Agreement, the transactions contemplated by this Agreement, or the parties' performance under this Agreement.

"Product " means copyrightable works under applicable Law and Product protected by database rights under applicable Law.

"Governing Courts" means the applicable one of the following:



"Governing Laws" means the applicable one of the following:



"Intellectual Property Right" means any patent, copyright, Trademark, domain name, moral rights, trade secret rights, or any other intellectual property rights arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.

"Law" means any law, ordinance, rule, regulation, order, license, permit, judgment, decision, or other requirement, now or in the future, in effect, of any governmental authority (e.g., on a federal, state, or provincial level, as applicable) of competent jurisdiction.



"Local Currency" means the applicable one of the following:




"Order Information"
means, with respect to any of Your Products ordered through an GEEK-IT!Site, the order information and shipping information that we provide or make available to you.

"Person" means any individual, corporation, partnership, limited liability company, governmental authority, association, joint venture, division, or other cognizable entity, whether or not having distinct legal existence.

"Program Policies" means all terms, conditions, policies, guidelines, rules, and other information on the applicable GEEK-IT! Site.

"Sales Proceeds" means the gross proceeds from any of Your Transactions, including all shipping and handling, gift wrap and other charges.

"Seller " means any individual, corporation, partnership in the business of selling consumer and business products.

"Service" means each of the following services: Selling on GEEK-IT! And the Marketplace Web Service.

"Service Terms" means the service terms applicable to each Service, which are made part of this Agreement upon the date you elect to register for or use the applicable Service, and any subsequent modifications we make to those terms.

"Technology" means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology, or other functional item.

"Trademark" means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia, or any other source or business identifier, protected or protectable under any Laws.

"Your Materials" means all Technology, Your Trademarks, Product , Your Product information, data, materials, and other items or information provided or made available by you or your Affiliates to GEEK-IT!or its Affiliates.

"Your Personnel" means any third party warranting, administering or otherwise involved in the offer, sale, performance, or fulfillment of Your Products, including any of your employees, representatives, agents, contractors, or subcontractors.

"Your Product" means any product or service (including Optional Coverage Plans) that you: (a) have offered through the Selling on GEEK-IT!Service; (b) have made available for advertising through the GEEK-IT!Clicks Service; or (c) have fulfilled or otherwise processed through the Fulfillment by GEEK-IT!Service.

"Your Sales Channels" means all sales channels and other means through which you or any of your Affiliates offers products or services, other than physical stores.

"Your Trademarks" means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.

"Your Transaction" means any sale of Your Product(s) through an GEEK-IT! Site.

SELLING ON GEEK-IT! SERVICE AGREEMENT

Product Information and Other Product

Product

Seller agrees and warrants that any and all Seller Product : (a) will be truthful, accurate, and not misleading or otherwise deceptive; (b) will not violate the intellectual property rights of any third party such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (c) will not violate any law, statute, ordinance or regulation; (d) will not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; and (e) will not create liability for GEEK-IT! . Seller agrees that any and all Seller Product may be publicly displayed by GEEK-IT! as GEEK-IT! sees fit and at no charge to GEEK-IT! GEEK-IT! will not have any responsibility for or liability with respect to Seller's Product .

Excluded Products

You hereby represent and warrant that you will not list, offer or sell products that: (a) are stolen or counterfeit; (b) violate the intellectual property rights of others such as copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy; (c) you do not have full right and authority to sell; (d) contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (e) violate any law, statute, ordinance or regulation (such as those governing export control or consumer protection); (f) contain any material that is obscene, pornographic or that contains child pornography; and/or (g) create liability for GEEK-IT!

Product Authenticity and Safety

Authenticity / Authorization

All products sold through the Marketplace Program will be received by Seller directly from the brand owner or from an authorized supplier of the brand owner, and Seller must be an authorized reseller of the Products. Seller will maintain adequate processes and procedures for conducting diligence to assure that the Products are authentic, authorized for sale, and not stolen, counterfeit, illegal or misbranded. Upon GEEK-IT! 's request, Seller will promptly provide GEEK-IT! with (i) certificates of authenticity (or similar documentation) for Products and (ii) documentation (e.g. email verifications from the brand owner or supplier) showing that Seller is permitted to sell specific brands or Products through the GEEK-IT! site.

Safety, Testing and Certification

Seller will comply with, and ensure that all Products comply with all product safety, testing and certification requirements under applicable Law, including without limitation, the Consumer Product Safety Act, as amended, the Consumer Product Safety Improvement Act of 2008.

Certifications

Seller may have to provide GEEK-IT! with written certification from an officer of Seller stating that Seller has complied with any of Seller's obligations under this Agreement, including, for example and without limitation, compliance with consumer product safety laws, authenticity of Products, or restrictions on the use of Transaction Information.

Fees and Commissions

Commission Fees

When Seller sells a Product through the GEEK-IT! Site, GEEK-IT! shall earn a commission fee ("Commission Fee") equal to a certain percentage of Sales Proceeds.

Seller Payment

Commission fees and other amounts owed to GEEK-IT! will be deducted from the amounts received from Customers for the purchase of Seller's Products through the GEEK-IT! Site (such resulting amount, "Seller Payment"), and GEEK-IT! shall have no obligation to make any Seller Payment to Seller with respect to any Products, unless and until GEEK-IT! actually receives payment from such customer. Each week, GEEK-IT! shall pay to you owed Seller Payment associated with amounts received by GEEK-IT! from purchases previously made from and fulfilled by you through the Marketplace. Seller Payments shall be made to your bank account that you designate to receive payment or in other manner selected by GEEK-IT! such as by wire transfer.

Withholding of Payment

GEEK-IT! may withhold the payment of funds to you, or return funds to the buyer, if you are the subject of an investigation, or there is a claim against you, for any suspected or alleged wrongful conduct or any violation of this Agreement, and you agree that GEEK-IT! will not be liable to you for any such amounts.

Purchase/Order Processing, Fulfillment and Shipping

Orders

Seller will be the Seller of record. Customers purchasing Products through the GEEK-IT! Site (each a "Customer" and together "Customers") will place orders using the GEEK-IT! checkout system and GEEK-IT! will collect all proceeds from such transactions, including shipping costs and any additional cost provided by Seller to GEEK-IT! . The Customer is the Buyer or Purchaser of Record. GEEK-IT! will electronically transmit to Shop Owner the order information (e.g. Customer name, shipping address, and email) ("Transaction Information") that GEEK-IT! determines Seller needs to fulfill each order, including without limitation, shipping Product(s) to Customers and providing Customer service. GEEK-IT! will send an automated email message to each Customer confirming receipt of an Order. Seller will provide GEEK-IT! with Seller's Customer service contact information which GEEK-IT! may include in such confirmation email and/or on the GEEK-IT! Website.

Risk of Fraud and Loss

Seller’s bears the risk of all fraud except credit card payment chargebacks for orders shipped to the address provided by GEEK-IT! . Seller will be responsible for all costs related to fraud under any other circumstance, and all chargebacks related to Products sold and Product fulfillment and delivery. For all credit card chargebacks for which Seller bears the risk, GEEK-IT! will offset such chargeback amounts against amounts otherwise owed Seller, or send Seller an invoice and Seller will pay such invoice within thirty (30) days of receipt.

Fulfillment of Orders

(a) Once GEEK-IT! has transmitted an order to Seller, Seller will at its own expense, be solely responsible for, and bear all liability for, the fulfillment of the Order, including without limitation, packaging and shipping of Products, securing the services of and payment of any freight forwarder or customs broker service charges (as may be required for any particular shipment), import or export duties or taxes (as applicable), and Customer service. Seller agrees that legal ownership and all risk of loss of the Products remains with the Seller until the Customer physically receives the Product from Seller. If Seller cannot fulfill the entire quantity of a purchase order (PO) line in an Order, then the Seller will cancel that PO line, fulfill all other lines in the Order and notify GEEK-IT! of such cancellation. If the Order consists of one PO line that Seller cannot fulfill the entire quantity for, then Seller will cancel the entire Order and notify GEEK-IT!

Shipping

Seller is responsible for properly specifying shipping options for all Products in its Item File or through the Seller interface on the Marketplace, and for properly handling all returns, including without limitation, those for Products that have unique requirements for shipping and return handling, including without limitation, hazmat or perishable Products to the extent such Products are permitted to be sold on the GEEK-IT! site.

Payment

GEEK-IT! will process all payments from Customers on the Marketplace and remit to Seller any amounts owed to Seller on a schedule to be maintained by GEEK-IT! and noticed to Seller from time to time. GEEK-IT! reserves the right to offset any overpayments against future payments which would be due to the Seller.

Cancellations, Returns and Refunds

Responsibilities

Seller is responsible for processing all Customer cancellations, returns, refunds, and/or Customer service price adjustments. Seller will provide GEEK-IT! with its Customer return, refund and price adjustment policies ("Cancellations, Returns and Refunds Policies") for display on the GEEK-IT! Site. If Seller does not provide such Policies to GEEK-IT! then Seller shall be deemed to have adopted GEEK-IT! 's standard customer service policies as may be adopted and/or revised from time to time.

Refunds

Seller will be responsible for all refunds according to the Seller’s own return policy. Any refund that occurs after the payment has been deposited into your bank account (up to 10 business days) will result in a 2.9% + 0.3$ charge from Stripe.

Parity with Seller's Sales Channels

Parity

Seller will maintain parity between the Products it offers through the Seller Site and the Products offered on the GEEK-IT! Site by ensuring that at all times: (a) the purchase price and every other term of offer and/or sale of the Products (including associated shipping and handling charges and options, any "low price" guarantee, rebate or discount, any free or discounted products or other benefit available as a result of purchasing one or more other products, and terms of applicable return and refund policies) is at least as favorable to GEEK-IT! users as the most favorable terms upon which a product is offered and/or sold via the Seller Site or by Seller on any other third party marketplace; (b) customer service for the Products is at least as responsive and available and offers at least the same level of support as the most favorable customer service offered in connection with the Seller site; and (c) the Product , including without limitation, the product images, description and other information regarding the Products, provided by Seller to GEEK-IT! for the GEEK-IT! site is of at least the same level of quality as the highest quality information displayed or used on the Seller site or provided by Seller to any other third party marketplace.