Last Updated: Sep 9th, 2022

Table of Contents

1. Overview

Thank you for your interest in becoming a Brand on the Peeba wholesale online marketplace, accessible through its websites (collectively, the “Site”) and mobile applications (collectively, the “Application”) (together, the “Services”). Throughout these Brand Terms of Service (“Brand Terms”), the terms “Peeba,” “us,” and/or “we” refer to Kingmaker Limited. The terms “you” and/or “your” refer to you as a user of the Services as a Brand. These Brand Terms, along with Peeba’s Terms of Service (“General Terms”) and Privacy Policy, govern your sale of goods as a Brand through the Services. These Brand Terms reference and link to various Peeba policies that provide additional details regarding the Services, and such policies are incorporated herein by reference and are to be treated as part of these Brand Terms. You hereby acknowledge and agree to the set forth below. Capitalized terms used herein but not defined shall have the meanings given to them in the General Terms. Throughout these Brand Terms, the word “include” or “including” means “including, but not limited to”.

2. Key Definitions

“Brand” means a seller (i.e., a brand) who offers to sell and/or sells its goods to Retailers through the Services.

“Retailer” means a buyer who purchases goods through the Services for the purpose of resale.

3. Account Registration – Brand Account

Brand Account. To sell goods through the Services as a Brand, you must submit an application to become a Brand and be approved by Peeba for an account (“Brand Account”), as further set forth in the General Terms. By accepting these Brand Terms and providing the requested information (including any necessary documentation evidencing product compliance and safety) during the Brand application process (as detailed in the General Terms), you authorize Peeba and its affiliates and payment processors to settle and disburse funds to you and on your behalf. Peeba will use good faith efforts to review your application to become a Brand as soon as possible. You acknowledge that Peeba is only able to accept a limited number of Brands at any given time, and that Peeba is not obligated to accept you as a Brand. You hereby release Peeba from any liability regarding the acceptance process.

Wholesale Relationships. Peeba understands that Brands have sales representatives in certain territories. If you have such sales representatives, Peeba will work with you to block off certain geographical areas where your sales representatives are located so that you do not receive orders from those geographical areas. To initiate geographical blocking, you will need to contact Peeba by emailing [email protected].

4. Onboarding

• Shop Page. Each Brand has its own dedicated store page on the Site featuring its products (including descriptions and other pertinent information) (“Shop Page”). Peeba will create and design your Shop Page with the information you provide (or you may do so yourself if certain self-onboarding features are available in our discretion). You agree that Peeba may adjust, edit or remove Content you submit in order to comply with Peeba's internal specifications and requirements. Peeba reserves the right to approve the final look and feel of your Shop Page in its sole discretion. To have Peeba create your Shop Page, you must provide a line sheet, high resolution photography (product and lifestyle) in accordance with Peeba’s photography guidelines, and your minimum order number, all described below. Peeba may ask for additional information as needed. As soon as your Shop Page is created, Peeba will send you an activation email.
• Line Sheet. As part of the onboarding process, you are required and agree to submit to Peeba a line sheet of your entire and complete wholesale product catalog containing the following information: (i) product name; (ii) individual or pre-pack; (iii) product variations; (iv) case size; (v) wholesale price by region; (vi) retail price; (vii) product descriptions; and (viii) whether products are active or inactive. The line sheet must be in accordance with Peeba’s Product Guidelines.
• High-Resolution Photographs. You are required and agree to provide high-resolution photographs of your products in accordance with Peeba's photography guidelines. Photographs that could reasonably be considered objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate are prohibited. You shall submit all photographs as indicated by Peeba, and Peeba will select the best quality and most appropriate photographs for your Shop Page. Peeba reserves the right to reject content that violates Peeba's guidelines or these Brand Terms.
• Order Minimums. You may set minimum order quantities for your products on a region-by-region basis. If you wish to have minimum order quantities, you agree to provide Peeba with your first order and reorder minimums (together, a “Brand’s Minimum”), which will be displayed on your Shop Page.
• Shipping Lead Time. You must set your typical shipping lead time, which should be an accurate estimation of your actual lead times and which you should use all reasonable efforts to meet. Peeba reserves the right to adjust the shipping lead time, based on actual historical lead times. The lead time you set will be displayed on your Shop Page for the purpose of informing Retailers, who may rely on it when making a purchase. You must also enter an expected shipping date once orders are placed in order to approve/accept the order. You may edit your lead time in your Brand Account settings.

5. Content License, Representations and Warranties

• License. You hereby grant to Peeba a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit your Content on, through or by means of the Services and any of Peeba’s advertising, marketing, publicity and other initiatives and events. Peeba does not claim any ownership rights in any of your Content and nothing in these Brand Terms will be deemed to restrict any rights that you may have to use and exploit your Content. You hereby agree that Peeba may at its option, grant a limited, revocable sublicense to Retailers to use your Content on their website for the sole purpose of promoting products purchased from you through the Services.