1. RECITALS 

The Maker Beehive is engaged in the marketing and sale of handmade products and vintage goods. Consignor (aka Vendor) owns or controls and has the right to sell certain items, described and itemized on The Maker Beehive online and other forms, or collected from Consignor (the "Vendor") by an employee of The Maker Beehive as part of its consignor service (collectively, the "Property"). Vendor wishes to sell that Property. 

Vendor desires that the Property be sold on consignment utilizing The Maker Beehive platform, and The Maker Beehive wishes to host that Property on behalf of Vendor. The Vendor does not transfer possession nor ownership of the Property to The Maker Beehive, subject to these Consignment Terms (the "Agreement"). Therefore, in consideration of the mutual premises and covenants contained in this Agreement, the receipt and sufficiency of which is acknowledged, and expressly subject to the provisions of The Maker Beehive’s Terms of Service, which terms may be amended from time to time at The Maker Beehive’s sole discretion, the parties agree as follows: 

2. DELIVERY OF PROPERTY; RISK OF LOSS; INSURANCE 

Vendor maintains ownership of the Property. Property is listed on The Maker Beehive platform on a consignment basis. The Maker Beehive assumes no risk of loss or damage of the Property which will not pass to The Maker Beehive since The Maker Beehive does not take physical possession of the Property. Vendor retains all risk of loss or damage to the Property. Vendor retains all responsibility for safe and timely shipping of Property. 

3. ACCEPTANCE OF PROPERTY; CONDITION OF ITEMS 

The Maker Beehive only allows Property to be listed that: it determines in its sole discretion to be in acceptable condition; it determines to be authentic; that holds no copyright other than the Vendor's, and that is in full compliance with the representations and warranties Vendor makes pursuant to this Agreement ("Acceptance"). The Maker Beehive will evaluate the Property to determine its authenticity, quality and value. The condition of such items will affect their valuation. Property that does not meet The Maker Beehive’s quality standards will not be permitted and will be removed from the platform at Vendor's expense (see "Unauthenticated Items" and "Return of Property" below). 

4. UNAUTHENTICATED, COUNTERFEIT, OR STOLEN ITEMS 

Vendor is responsible for ensuring the authenticity of all items offered for consignment. In the event The Maker Beehive cannot determine the authenticity of any item of Property offered or provided for consignment, it shall have the right in its sole discretion to refuse to accept the item. In the event that The Maker Beehive determines at any time that an item of Property is counterfeit or does not meet the standards set forth by The Maker Beehive, The Maker Beehive will notify Vendor that it has made such determination. Vendor acknowledges and agrees that any item The Maker Beehive refuses to accept on the platform is at the Vendor's expense. 

5. CONSIGNMENT PERIOD AND RETURN OF PROPERTY 

Consignment Period  for an item of Property begins on the Effective Date and ends 90 days thereafter, whether or not such Consignment Period extends beyond the term of this Agreement. After 90 days, Vendor will need to remove the unsold Property from the website. Unsold Property cannot be relisted unless photos, price, or description are improved.   

6. EFFORTS TO SELL; PRICE 

Subject to Vendor's performance of its obligations under this Agreement, The Maker Beehive will display on its site and make commercially reasonable efforts to sell the Property. Vendor acknowledges and agrees that: (a) The Maker Beehive in its sole discretion will not determine the initial selling price for the Property (the "Initial Sale Price"). Pricing is the decision of the Vendor based on its evaluation of the Property together with its determination of the current market price for each specific item of Property. Each item will be researched by the Vendor and competitively priced to sell quickly. (b) The Maker Beehive may recommend price reductions or discounts during the Consignment Period to the Vendor. Items not selling within 90 days will be removed from Vendor's inventory.  

7. MARKETING; SOCIAL MEDIA 

Vendors are expected to positively market The Maker Beehive Handmade Collective on their own social media, by word of mouth, and with any other reasonable means to promote the site. The Vendor understands that the mentorship, social media platforms, and support provided by The Maker Beehive is valuable. 

8. TITLE TO PROPERTY 

Title to and ownership of the Property will remain with Vendor until a Property Sale occurs. If items does not sell, Vendor maintains ownership of the item.  

9. LISTING AGREEMENTS 

Vendor agrees to maintain an online shop with at least 5 items listed at a time. Vendor agrees to create attractive listings by using a plain white background for photographs and providing multiple angles of the item for sale. Vendor agrees to provide detailed and interesting descriptions that include any disclosures on condition. Vendor agrees to ship items in a timely manner, according to the shipping method purchased by customer. If at any time it is determined by management that Vendor is not following the standards set forth herein, Vendor may be asked to relinquish their shop.

10. PAYMENT AND COMMISSIONS

Upon a Property Sale, the net selling price upon which all Commissions are based shall equal the price of the item of Property sold, less applicable discounts, excluding taxes and shipping (the"Net Selling Price"). The Vendor acknowledges and agrees it will receive the following Commission on a monthly basis (as defined below, the "Commission") based on the Net Selling Price of an item of Property: (a) Commission in an amount equal to 80% of the Net Selling Price. The Maker Beehive may at any time and in its sole discretion temporarily increase or decrease the Commission from time to time for promotional reasons. The Commission shall be Vendor's sole compensation under this Agreement. Vendors will receive a payout once each month. In the event of any dispute between the Parties, Commissions will not be paid until such dispute is resolved. Any final value fees incurred from 3rd party website sales (ie Ebay) are the responsibility of the Vendor.  

11. TERMS AND TERMINATION 

Term: This Agreement will commence as of the Effective Date and will continue until the completion of the Services, or 90 days after the last item listed by Vendor, or 7 days after Vendor's profile has zero items listed. Termination: Either Party may terminate this Agreement at any time, for any reason. Termination shall be effective when either Party serves written notice thereof on the other Party. Costs listed above under Section 5, Consignment Period, will apply. 

12. NO ASSIGNMENT 

Vendor may not assign, transfer, or delegate any of its rights under this Agreement without The Maker Beehive’s prior written consent. Any prohibited assignment shall be void. 

13. NO PROPERTY WARRANTIES 

The Maker Beehive does not make any representation or warranty, expressed or implied about any item of Property, except to the extent a warranty is required by law and cannot be disclaimed. In no event shall The Maker Beehive’s liability exceed the actual amount received for selling vendor's Property. 

14. VENDOR'S REPRESENTATIONS, WARRANTIES, AND INDEMNIFICATION 

Vendor hereby represents and warrants that it has good and marketable title to each item of Property and has the right to consign and sell the Property, none of which is subject to any liens or other encumbrances, and further represents and warrants that the Property does not infringe upon or violate any trademark, copyright, or other proprietary right of any third party, any state or federal law, or any administrative regulation. Vendor hereby agrees to indemnify and hold The Maker Beehive harmless from all damages, suits, litigation, awards, and costs, including but not limited to attorneys' fees and costs, as a result of or arising out of in any way The Maker Beehive's display or sale of the Property for any reason whatsoever, including but not limited to civil or criminal suits over authenticity, legality, ownership, infringement of copyright or trademark, or any other claim or litigation. 

15. CHOICE OF LAW AND FORUM 

This Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement and thereto, and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the state of Ohio, without regard to the conflict of laws provisions. Each Party irrevocably submits to the exclusive personal jurisdiction of the federal and state courts located in Clermont County, Ohio, as applicable, for any matter arising out of or relating to this Agreement, except that in actions seeking to enforce any order or any judgment of such federal or state courts located in Clermont County, Ohio, such personal jurisdiction shall be nonexclusive. Additionally, notwithstanding anything in the foregoing to the contrary, a claim for equitable relief arising out of or related to this Agreement may be brought in any court of competent jurisdiction. 

16. ENTIRE AGREEMENT 

This Agreement, including and together with any related exhibits, schedules, attachments, and appendices, constitutes the sole and entire agreement of the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. 

17. WAIVER 

No waiver by any party of any of the provisions of this Agreement will be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. 

18. SEVERABILITY 

If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon a determination that any term or provision is invalid, illegal or unenforceable, the court may modify this Agreement to effect the original intent of the Parties as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible. 

19. SURVIVAL OF TERMS AFTER AGREEMENT ENDS 

Notwithstanding any other provision or general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a Party will survive the expiration or termination of this Agreement.