Partnership agreement for the sale of products on the marketmyx.com platform

1. Scope of the agreement

(1) Marketmyx owns and operates its platform in Cameroon, allowing traders to sell their products to the public on the Internet. This platform is currently available on www.marketmyx.com, but may be provided on different websites or applications in the future.

(2) The trader will be able to sell these products on the Marketmyx platform. Marketmyx is authorized to accept purchases on behalf of the seller. The service provided by Marketmyx consists in offering a platform for exhibiting products and services for the merchant, recording orders for these products, delivering the products, collecting the related sums and paying them back net of commissions to the merchant. In addition to this, at Marketmyx's discretion, Marketmyx may provide the seller with product performance analysis and additional marketing support. This support can be reflected in the agreed commission level.

(3) The merchant authorizes Marketmyx to order from customers.

(4) Marketmyx may make changes to the site or a service, or suspend the service, without notice. He will inform the merchant concerned beforehand.

2. Rights and obligations of Marketmyx

(1) The merchant acknowledges that the relationship between customers and Marketmyx is governed by the general conditions of sale, available on the Marketmyx website.

(2) Marketmyx will present products validated by the seller on the website. The merchant will be responsible for the list of these products.

(3) Marketmyx is authorized to confirm orders on behalf of the seller and will ensure that the data relating to the order are transmitted to the seller, as is the case with Marketmyx's computer system.

(4) In order to maintain its reputation for quality and high level of service, Marketmyx reserves the right to terminate the relationship with the merchant if the merchant repeatedly receives negative opinions or complaints, or omits to comply with Marketmyx recommendations.

(5) Marketmyx undertakes to hand over to the supplier all goods which will not be delivered or accepted by the customer.

3. Merchant rights and obligations

(1) The merchant must provide all the information necessary when registering a product on marketmyx.com. This should include, a detailed title and subtitle, price, quantity, image and description. The merchant must never knowingly deceive a potential customer by misrepresenting the product. The merchant must notify Marketmyx of any change in the details of their advertisements as presented on the site.

(2) The merchant guarantees that the information indicated on marketmyx.com relating to his products meets all legal requirements, and in particular the information obligations to be satisfied for consumer protection.

(3) The merchant will be responsible for keeping an up-to-date inventory of all of their products listed on Marketmyx.

(4) The merchant guarantees that the information provided by him does not infringe the copyright of a third party.

(5) The merchant will not contact customers more than is necessary to process the transactions covered by Marketmyx. In particular, the merchant must not send advertising emails or other commercial advertisements to the client without the prior agreement of Marketmyx or the wish expressed by the client. When delivering products sold through Marketmyx, the merchant must not advertise any of Marketmyx's competitors.

(6) The merchant must process orders and delivery with all reasonable precautions upon receipt at the time of confirmation of sale is received by the Marketmyx site by e-mail and / or SMS. The options and delivery times indicated on their registration are mandatory, orders must be filled within 1 working day. The merchant is required to keep his products and services available to the best of his advertised capacity. Repeated stock-outs will result in the removal of the merchant and all of their products from the Marketmyx platform.

(7) If the merchant cannot fulfill an order submitted to him, he must notify Marketmyx as soon as possible, and within one day of receiving the order at the latest.

(8) The merchant undertakes to adhere to his range of products and prices under the conditions provided at Marketmyx and as described on their sheet on the site. The trader guarantees that there are no pending criminal, bankruptcy or tax proceedings or other pending penalties in relation to the products they sell through the platform. Merchants provide additional guarantees to take great care to keep their product range, number of shares, prices and associated conditions, such as delivery charges, up to date.

(9) The merchant's representative must provide Marketmyx with a copy of his / her valid identity card when signing the contract.

(10) The seller undertakes to take back possession of all the items which will be returned due to the unavailability / refusal on the part of the customer.

4.Commission

(1) The trader agrees to pay Marketmyx a fixed percentage commission on the gross income from their sales made by the Marketmyx platform. Depending on the category, it may be appropriate to accept different commission percentages for certain items or product categories.

(2) Marketmyx may start to charge additional fees for the sale of goods through the Marketmyx platform at any time. These may include, but are not limited to, registration fees, multiple photo taxes and enhanced marketing costs. In the case of the introduction of new taxes, the merchant will be informed before their entry into force in writing and will be able to withdraw.

(3) Marketmyx reserves the right to adjust the commission percentage. Will inform the merchant of this change by mail or email to the latter's address within 15 days before the modification.

5. Online customer payment

(1) In the event of electronic payment by the customer (for example, by credit card, debit card, or wireless online transfer), Marketmyx collects payment for the order in question on behalf of Marketmyx and on behalf of the merchant, and paid to the merchant in accordance with the billing agreement.

(2) The merchant will keep delivery receipts to customers for at least 13 months and send them to you upon request. In the event of problems that could cause the order to be canceled, or in the event of delivery failure, the merchant must immediately notify Marketmyx by telephone so that payment by credit card can be canceled.

(3) The merchant assumes the risks of abuse of the means of payment (for example, credit card or debit card fraud). If a fraudulent payment has been credited to the merchant, Marketmyx reserves the right to correct the amount the merchant is billed to compensate for this payment.

6. Billing and payment of the merchant

(1) Marketmyx invoices can be delivered by email, online, fax, mail or in person. They include Marketmyx's allegations about the merchant, the Commission and, where applicable, other charges as set out in paragraph 4 (2).

(2) Marketmyx sends a weekly statement of confirmed orders, delivered and collected to the supplier on the Saturday of each week (summarizing the sales from the previous Saturday to the previous Friday). The related payments are made by Marketmyx no later than Thursday of the following week by transfer by means of payment indicated by the merchant when registering (mobile money, bank account, etc.).

7. Responsibility

(1) The merchant indemnifies Marketmyx from any claim resulting from matters beyond the control of Marketmyx, including but not limited to the quality of the goods and services supplied by the seller. The merchant also indemnifies Marketmyx from third party claims resulting from any violation of the laws and regulations by the seller.

(2) Marketmyx cannot guarantee that its service will be free from all malfunctions, but will exercise all reasonable care and skill to resolve such a case.

(3) The responsibility for VAT rests with the merchant and Marketmyx will not be responsible for all VAT problems.

8. Privacy

Both parties are obliged to treat confidentially the content of this agreement, as well as all other information and data that they will acquire within the framework of the partnership, and not to use it for purposes outside the scope of this contract or pass them on to third parties. This obligation remains in force within 1 year after the termination of the contract. Both parties are required to comply with privacy laws and manage all data relating to customers, suppliers and business partners accordingly.

9. License

(1) Marketmyx has the right to freely maintain the merchant's list and its ranking on the site. Marketmyx offers its customers the possibility of giving ratings and comments regarding services on the site, but not the obligation to publish these lines and make them visible to all customers. Marketmyx reserves the right to delete ratings and reviews.

(2) Marketmyx can digitize, transcribe and publish online lists, merchant logos and other necessary materials. The Marketmyx Trade Grants a perpetual, royalty-free license to use and distribute materials provided by it, for the purpose of Marketmyx advertising service. In particular, this includes the use in Google AdWords campaigns, domain names and other marketing and online search engine optimization measures.

10. Terms and termination

(1) This agreement is valid as soon as the merchant signs the contract, or fills an order approved by Marketmyx, and remains valid indefinitely, until termination by one of the parties. Termination can occur at any time, with one month's notice, in writing, by email, mail or fax. The revenues generated during this notice period are still subject to the partnership agreement. The right to immediate termination by one of the parties for important reasons remains unchanged.

(2) The right to immediate termination covers in particular the case where the merchant repeatedly receives negative ratings and comments on the site, and when these are not clearly justified. Providing repeatedly misleading information or withholding information necessary to present the merchant's items is also grounds for immediate termination. Mistakes, errors and transmission errors are excluded from this right of termination, as long as they are not caused intentionally or by gross negligence.

11. General

(1) If only one provision in this agreement is invalid, both parties will endeavor to replace the void clause with a validity which most faithfully reproduces the new agreement between the parties. Both parties will endeavor to replace the null clause with a validity which reproduces as faithfully as possible the intended economic sense of the invalid clause. The validity of the rest of the contract remains unchanged. This applies in particular if the agreement is deemed incomplete.

(2) Marketmyx reserves the right to modify the general conditions of sale on its website and to this end will send the merchant a note by e-mail.

(3) The modifications of the general conditions are considered as agreed by the merchant if he does not object to them in writing within two weeks of receipt of these changes.

(4) Merchant terms and conditions that are not part of this agreement unless Marketmyx expressly agrees to abide by them in writing.