COMMISSION AGREEMENT

This Commission Agreement (“Agreement”) is made between you, whether personally or on behalf of an entity (“you”) and My Eco Best Friend (“we,” “us” or “our”) hereinafter referred to as “MEBF”.

The Seller/Organization and the MEBF shall be referred to herein as a “Party” and collectively, the “Parties“.

WHEREAS MEBF is an online store website that engages in listing and marketing the Seller’s products and services on its platform (www.myecobestfriend.com) “Website”.

WHEREAS Seller desires MEBF to list, market and promote its products and services from and via its website (www.myecobestfriend.com), and through which customers, having access to the site, will be able to order the Seller’s products.

NOW THEREFORE, In consideration of the mutual promises contained herein, the parties, intending to be legally bound, agree as follows:

SALES/ORGANIZATIONS AUTHORIZATION.

The Seller authorizes MEBF to list, market and serve as an intermediary between the Seller and its customers, and to receive orders for the Seller’s listed products and services, and to request a quote from the Seller on behalf of the customer.

The Organization authorizes MEBF to serve as an intermediary between the organization and the donators, and to receive donations from donators on its behalf.

MEBF shall identify itself as a duly authorized middleman/intermediary of the Seller / Organization for the sale of products and services and receiving donations.

SELLER’S / ORGANIZATION’S OBLIGATION.

Organizations shall clearly state the purpose for donation and total amount needed to be donated; and shall permit MEBF to receive funds from their donators through the MEBF platform which will be released to the organization at the end of the donation period.

The Seller shall set prices for it’s products and services listed on MEBF’s online store.

The Seller will make available on its sales page: the Terms of Sales of its products and services, the Return and Refund policy for all the products and services listed.

The Seller obliges that all products and services listed on MEBF’s online store are available for purchase and that the seller is the sole owner of the products and services listed,  and that those products and services are not subject to any third-party rights or restrictions including in respect of third-party intellectual property rights and/or any criminal, insolvency or tax investigation or proceedings.

If the seller lists the same products and services on any other online store, the price proposed on MEBF online store shall not be higher compared those on other online stores listing the same products and services.

The Seller shall be responsible for every activity involved between the Seller’s customers including: listing products and services that are readily available for purchase, setting-up and managing stores, agreeing on Delivery/Shipping conditions with customers, inventory management, return and refund policy for all products and services.

The Seller will also state clearly on its sales page; the Seller’s working days, including opening and closing hours. The Seller shall ensure all times stated are correct and will be strictly adhered to.

The Seller will ensure prompt response to all messages, order requests, requests for quotes, at the most within 3 hours from when the request was sent if during working hours and shall ensure all purchased products and services are shipped and received by customers within a maximum of 5 working days.

If the Seller repeatedly infringes any of the seller’s obligations as stated above, MEBF reserves the right to suspend or remove the Seller, and delete or unpublish the Seller’s listed products and services without notice to the Seller.

This section describes the terms and conditions of how MEBF’s commission is earned and calculated. The Seller shall pay My Eco Best Friend a commission fee for providing access to buyers. MEBF is entitled to adjust the commission fee at any time with a notice period of 30 days.

Under this section, MEBF will earn commission on this basis: Sales of products and services, Requests for Quotes and Donations.

Sales of Products and Services: services will also include Auction & Bidding, Booking & Rentals. MEBF will earn 10% commission on the sales of Products and Services (including fees, charges, packaging costs, but excluding shipping costs and any VAT).

The commission fee applies to all purchase contracts which the Seller makes with buyers on the online stores. The commission fee does not apply if the purchase contract between buyer and seller is subsequently dissolved by mutual consent or the buyer does not pay the purchase price, contrary to their obligation to do so.

Request for Quote: If a customer requests a quote through MEBF online store, the customer automatically becomes an MEBF client and the Seller must go through MEBF to offer the service to the customer. The Seller is not permitted to do business with the customer outside of the MEBF online store with regards to the type of product or service the customer made a request for a quote through MEBF. If the Seller breaches this term of transacting with the MEBF client outside of the platform, MEBF could sue the Seller for breach of contract.

MEBF shall be responsible for collecting various data required by the Seller before a quote can be offered. In case some in-person meetings are required or in case the seller needs to talk directly with the buyer, MEBF must be advised beforehand and provide approval. MEBF can also only allow such communication between the buyer and the Seller if a MEBF representative is also present and involved in the process.

Once the first quote is made the Seller must pay 10% of the value of this quote, MEBF will then provide the Seller with the customer’s contact details once the payment of this commission is received.

The Seller shall provide final a contract value within 30 days. In the case where no contract was signed, or deal done between the Seller and the Customer, MEBF shall refund half of the 10% commission paid by the Seller back to the Seller and the remaining half of the 10% will be conserved for MEBF.

Donation: When donations are made through My Eco Best Friend, MEBF shall be entitled to 10% commission of the total money donated through the platform. MEBF will deduct 10% of the total money donated before releasing the funds to the nonprofit organization.

The entitlement to a commission fee comes into effect when the sale of Products and Services, Purchased Contracts and Donations are concluded between the parties involved.

The Seller could permit MEBF to manage the store on behalf of the Seller; meaning that order management and product creation will be done by MEBF; and the Seller will only be responsible for shipping and any VAT/accounting related issues from the moment an order request is sent to the Seller. With such a service MEBF will charge an additional 10% commission on top of the 10% existing commission. This service is optional, and the Seller can contact MEBF if such service is required from MEBF.

SELLER AND MEBF RELATIONSHIP.

The Seller engages MEBF solely for the purpose to list, market and serve as an intermediary between the Seller and its customers and receive orders for the Seller’s listed products and services, donations and requests for quotes on behalf of the Seller as stated in Section 1 of this agreement. MEBF may only enter into contracts and/or agreements on behalf of the Seller as it relates to the sale of listed product(s) and services. MEBF may not otherwise commit the Seller to any other obligations whatsoever without separate authorization from the Seller.

CONFIDENTIAL INFORMATION; PUBLICITY.

MEBF will, and will cause our affiliates and employees to, (a) protect and not disclose information that is identified as confidential or that reasonably should be considered confidential to the Seller; (b) use this information only to fulfill our obligations under this Agreement; This Section 5 covers all confidential information regardless of when it is received.

REPRESENTATIONS AND WARRANTIES.

Both Parties represent that they are fully authorized to enter into this Agreement. The performance and obligations of either Party will not violate or infringe upon the rights of any third-party or violate any other agreement between the Parties, individually, and any other person, organization, or business or any law or governmental regulation.

In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions should continue in full force and effect as valid and enforceable.

The failure by either Party to exercise any right, power, or privilege under the terms of this Agreement will not be construed as a waiver of any subsequent or future exercise of that right, power, or privilege or the exercise of any other right, power, or privilege.

LEGAL AND BINDING AGREEMENT.

This Agreement is legal and binding between the Parties as stated above. This Agreement may be entered into and is legal and binding both in the Switzerland and throughout Europe. The Parties represent that they have the authority to enter into this Agreement.

GOVERNING LAW AND JURISDICTION

These Commission terms and conditions shall be governed by and construed in accordance with Swiss law.

Any disputes relating to these general terms and conditions shall be subject to the exclusive jurisdiction of the courts of Switzerland.

By Registering and Signing Up on the website “www.myecobestfriend.com”, you hereby agree to the terms and conditions as stated above.