Built By Besties Creator Agreement
Built By Besties Creator Agreement
Built By Besties™ Creator Agreement
This Creator Agreement ("Agreement") is entered into by and between Blackburn HQ™ ("Blackburn HQ") and the creator identified in the form ("Creator").
Purpose
Built By Besties™ is a curated collection within Blackburn HQ™ that allows creators to sell products through the Blackburn HQ storefront while maintaining ownership of their products and designs.
The purpose of this Agreement is to define the responsibilities of both Blackburn HQ and the Creator.
Creator Ownership
The Creator retains ownership of all products, designs, branding, intellectual property, and creative works submitted for sale through Built By Besties™.
The Creator represents and warrants that they own, or have the legal right to sell, all products submitted to Blackburn HQ.
The Creator further represents that their products do not infringe upon any copyright, trademark, patent, or other intellectual property rights of any third party.
Creator Responsibilities
The Creator agrees to:
- Maintain inventory of approved products.
- Manufacture or source products as described in listings.
- Package products appropriately.
- Ship orders within _3____ business days of receiving notification.
- Provide accurate product descriptions, pricing information, and photos.
- Maintain reasonable product quality standards.
- Respond promptly to product-related issues when requested.
- Comply with all applicable laws and regulations.
- Report and pay any taxes related to income received through this Agreement.
The Creator is solely responsible for product quality, inventory, fulfillment, and shipping.
Blackburn HQ Responsibilities
Blackburn HQ agrees to:
- Host approved product listings.
- Process customer payments.
- Promote the Built By Besties™ collection.
- Provide order information necessary for fulfillment.
- Maintain the storefront and customer purchasing experience.
Blackburn HQ does not manufacture, store, package, or ship Creator products unless otherwise agreed in writing.
Revenue Split
For products sold through Blackburn HQ:
- Creator receives 80% of net sales revenue.
- Blackburn HQ receives 20% of net sales revenue.
For purposes of this Agreement, net sales revenue means the sales amount collected from the customer less refunds, chargebacks, discounts, payment processing fees, and applicable marketplace fees.
Payouts
Creator earnings will be paid monthly.
Payments will be issued on or before the 10th day of the following month for completed sales from the previous month.
Creators are responsible for providing accurate payment information.
Shipping and Fulfillment
The Creator is responsible for fulfilling all orders associated with their products.
The Creator agrees to ship orders within the agreed fulfillment timeframe listed above.
Failure to consistently fulfill orders may result in product removal from the Built By Besties™ collection.
Refunds and Customer Issues
If a product arrives damaged, defective, or materially different from the product listing, Blackburn HQ reserves the right to issue a customer refund.
Refunds resulting from product defects, fulfillment issues, or shipping failures may be deducted from future Creator payouts.
Both parties agree to work together in good faith to resolve customer concerns.
Product Approval
Blackburn HQ reserves the right to approve or reject any product submitted for inclusion in the Built By Besties™ collection.
Approval of one product does not guarantee approval of future products.
Removal of Products
Blackburn HQ reserves the right to remove any product listing at its sole discretion, including but not limited to situations involving:
- Quality concerns
- Customer complaints
- Intellectual property concerns
- Fulfillment issues
- Brand misalignment
- Violation of this Agreement
Independent Relationship
Nothing in this Agreement creates an employment relationship, partnership, joint venture, agency relationship, or franchise relationship between Blackburn HQ and the Creator.
The Creator operates as an independent business owner.
Limitation of Liability
Blackburn HQ shall not be liable for lost profits, indirect damages, consequential damages, or claims arising from the Creator's products, manufacturing process, fulfillment activities, or business operations.
The Creator agrees to indemnify and hold harmless Blackburn HQ from claims arising from products supplied by the Creator.
Term and Termination
Either party may terminate this Agreement at any time with thirty (30) days written notice.
Upon termination:
- Outstanding payouts will be processed according to the normal payout schedule.
- Product listings may be removed from Blackburn HQ.
- The Creator retains ownership of all intellectual property.
Entire Agreement
This Agreement represents the entire understanding between the parties regarding participation in the Built By Besties™ program and supersedes any prior discussions or agreements.
Signatures
By agreeing in the form and typing your name, both parties acknowledge that they have read, understood, and agree to the terms of this Agreement.