Glow by POPSUGAR
ADDITIONAL TERMS AND POLICIES FOR SELLERS
Effective January 22, 2020
If you use the Service to offer one or more Products for sale, these Additional Terms and Policies for Sellers apply to you.
Please note that (1) the section of the Glow Terms entitled YOU ARE AGREEING TO BINDING ARBITRATION contains an arbitration clause and class action waiver; and (2) the section of the below entitled NEW JERSEY RESIDENTS contains an important message to residents of New Jersey.
Becoming a Seller
Your Seller Shop
Once you are approved as a Seller on the Service and set up your Seller shop, you may offer, sell, and distribute Products through your Seller shop, which POPSUGAR will host. You are fully responsible for the Products that you offer for sale and for creating and managing your own Seller shop, including, but not limited to, your profile page, aesthetic and branding, Product pricing, setting the length of Subscription Products in your shop, Seller shop policies and information contained in each Product listing. For Subscriptions, you will be responsible for indicating whether a Subscription will renew monthly, every three (3) months, every six (6) months, or annually (each a "Subscription Period").
As a Seller you agree to:
Withdrawal of Products from Seller Shop
You may withdraw a Product from your Seller shop on the Service (or terminate your Seller Account at any time, which will delete your Seller shop). If you remove Products (or all Products, if the Account is terminated) such Products will no longer be offered to Buyers for purchase on the Service; however, Buyers who purchased a Content Product prior to its withdrawal or removal may continue to view the purchased Content Product in accordance with the terms stated at the time of purchase. Any Physical Product purchased by a Buyer prior to its withdrawal or removal from your Seller shop must be shipped to the Buyer. Notwithstanding the foregoing, in the event that a Product or Account is removed or terminated because of an actual or suspected violation of the Guidelines, applicable laws or the rights of third parties (including, but not limited to, copyrights, trademarks, rights of privacy or publicity, or any other personal or proprietary right), POPSUGAR reserves the right to remove affected Products entirely and, in its discretion, may offer a refund to Buyers (but is under no obligation to do so).
Seller may not offer, promote, sell, or distribute any of the following via or in connection with the Glow Service ("Prohibited Products”):
The list above is not exhaustive, and there may be other items beyond those listed here that will be prohibited on Glow.
Limited License to Operate Seller Shop
Subject to your compliance with this Agreement and approval of your Seller application by POPSUGAR, POPSUGAR grants you a limited, non-exclusive, non-transferrable and fully revocable license to use the Service (which includes the Service and your custom profile contained therein) for the purposes of operating a Seller shop to offer, sell, stream, distribute, and make available your Products to Buyers. You are encouraged to promote the Service and your Seller shop on your websites and social channels. However, any use of POPSUGAR’s intellectual property (including, but not limited, to, the POPSUGAR and/or Glow logo(s) and other branding) is subject to POPSUGAR’s prior written consent in each instance.
Seller Licenses to POPSUGAR and Buyers
Without limiting any other license granted herein, by uploading or otherwise submitting any User Content (including Content Products) to the Service, you grant to POPSUGAR all necessary rights to offer, host, stream, and distribute (as applicable) such User Content, including but not limited to, a non-exclusive, perpetual, irrevocable right to host, make available, use, modify, publicly perform, and create derivative works of clips or screenshots of your User Content to advertise and promote the Service, your Seller shop, the Service, and/or POPSUGAR.
You further grant each Buyer who makes a purchase of your Content Products a limited license to stream, cache, and/or download such Content Products (as applicable), for the Buyer’s personal entertainment, non-commercial use, in accordance with this Agreement.
No Exclusivity; Price Parity
All licenses granted herein are non-exclusive. This means that you may sell or showcase the same Products on the Service and on other third party services or platforms at the same time; provided, however, that the prices you designate in your Seller shop for Products offered on the Service must be the same as the price at which you offer those same Products on other platforms. This means that Products that you offer for sale on the Service should not be available for free or a discounted price on other third party platforms or channels (including, but not limited to, on your website or social media accounts).
Seller Representations and Warranties
Seller represents and warrants that:
Service Fees Paid by Seller
By listing your Products on the Service, you agree to pay the Service fees listed in the current Fee Schedule (“Service Fees”) in accordance with any and all payment terms set forth therein, which are hereby incorporated by reference.
POPSUGAR charges two types of Service Fees as follows:
You should check the Fee Schedule regularly. The Fee Schedule is subject to change at any time, in POPSUGAR’s sole discretion. POPSUGAR will provide notice of any changes to the Fee Schedule by posting a new Fee Schedule at https://Glow.shop/why#fees.
Third Party Payment Processors and Seller Payments
POPSUGAR engages one or more third party, online payment processing service providers to facilitate your Products sales transactions on the Service, including credit card processing (“Third Party Payment Processor”). You agree that we may share your personal or transactional information with such payment processing service providers as necessary for you to participate in the Service.
In order to become a Seller and receive your Seller Revenue (as defined below), you must register with a designated Third Party Payment Processor. You are required to (i) provide all tax and identity information required by POPSUGAR or its designated third party payment vendor(s); (ii) create and maintain a valid account with at least one of POPSUGAR’s designated payment vendor(s); and (iii) connect, via your account with POPSUGAR’s designated payment vendor(s), a valid bank account in the U.S.
For purchases by Buyers on the Glow website, Sellers are entitled to receive the amounts actually collected by the Third Party Payment Processors from the sale of such Seller’s Products through the Service, less all applicable taxes, POPSUGAR’s Service Fees, Third Party Payment Processor’s fees, and any chargebacks or refunds (such net amount referred to as “Seller Website Revenue”). All payments of Seller Website Revenue will be made to you via the applicable Third Party Payment Processor(s) you selected, in accordance with the terms of your agreement with such Third Party Payment Processor (as described below under Third Party Processing Terms).
For purchases by Buyers via the Glow iOS mobile application or Apple TV application, Sellers are entitled to receive the amounts actually received by POPSUGAR (“Gross App Revenue”) from the sale of such Seller’s Products via in-app purchase, less POPSUGAR’s Service Fees, any additional applicable taxes, and any chargebacks or refunds (such net amount referred to as “Seller App Revenue”). All payments of Seller App Revenue will be made to you within sixty (60) days of POPSUGAR’s receipt of the applicable Gross App Revenue from Apple.
Seller Website Revenue and Seller App Revenue are referred to collectively as "Seller Revenue.”
POPSUGAR is not responsible in the event that a valid payment is not made or received for the purchase of a Product, including, for example, where the Buyer used a stolen or unauthorized credit card or where the Buyer submits a chargeback.
Third Party Payment Processor Terms
POPSUGAR reserves the right to adjust pricing of Products in your Seller shop on some or all platforms of the Service as needed to adjust for additional expenses associated with offering Products on such platforms or other policies or technical capabilities of such platforms. For example, prices on the Glow iOS mobile application and Apple TV application are reflected in credits and not U.S. dollars, and are adjusted for additional expenses associated with offering Products on such platform.
By listing your Products on the Service, you agree that POPSUGAR may in its sole discretion offer certain promotions, including promotional codes and other promotional discounts (which may even include free Products) that Buyers may redeem in connection with a purchase at any Seller shop on the Service (“POPSUGAR Promotions”). In addition, you may offer to Buyers promotional codes as generated solely through the Service which may be redeemed solely at your Seller shop (“Seller Promotional Codes” and together with the POPSUGAR Promotions, “Promotion”). POPSUGAR Promotions will reduce the purchase price collected by the Third Party Payment Processor (and not be deducted from the Seller Revenue or Service Fees). Seller Promotional Codes will be deducted from Seller Revenue (and will not be deducted from the Service Fees).
Free trial Subscriptions may be offered by Sellers or by POPSUGAR on the Service. When a Buyer purchases a free trial Subscription, the discount will be applied to the Buyer's first Subscription Period only (the "Trial Period"). You will not receive any payment for Trial Period because no fees are charged to the Buyer. After the initial Trial Period ends, the Subscription will automatically renew for each subsequent Subscription Period at the rate for such Subscription set by the Seller.
Shipping Physical Products
As a Seller, you are solely responsible for shipping Physical Products to Buyers who purchase them through your Seller shop. If you are using a shipping or fulfillment service, please keep in mind that you are ultimately responsible for making sure that a Buyer who makes a purchase through your Seller shop receives the Physical Products that the Buyer ordered.
By selling Physical Products on Glow, you agree to:
If an order does not arrive to the Buyer, you are responsible for providing proof that the Physical Product was shipped to the Buyer’s designated address, and for resolving any dispute directly with the Buyer. POPSUGAR is not responsible for missing items or disputes related to Physical Products, including, but not limited to, disputes about communications between Sellers and Buyers, shipping, handling and/or delivery of Physical Products. If an item was shipped and has a tracking number, you should contact the shipping carrier directly for any questions or other issues related to a shipment. POPSUGAR is not responsible for any shipments.
Refunds; Recoupment of Fees
POPSUGAR reserves the right to provide refunds to Buyers in its sole discretion. POPSUGAR may recoup the costs of such refunds from a Seller where (a) POPSUGAR reasonably believes that (i) the Buyer was unable to stream or download a Content Product from such Seller in a manner consistent with the purchase terms or (ii) that the Buyer has not received a Product or has received a Product that is not as described by the Seller; (b) POPSUGAR suspects that fraud has taken place; (c) Seller’s User Content (including, but not limited to, any Content Product) is subject to a notice of alleged intellectual property infringement or other violation of a third party’s rights; or (d) Seller has breached the terms of this Agreement. Seller acknowledges and agrees that POPSUGAR may obtain reimbursement of any amounts owed by a Seller to POPSUGAR by deducting from future payments earned by the Seller, reversing any credits to the Seller’s payment account balance, retaining amounts owed from future payments owed to Seller, charging the Seller’s credit card on file, and/or seeking reimbursement from the Seller by any other lawful means, including, but not limited to, through the use of third party collections services. Seller shall be responsible for and reimburse any reasonable costs incurred by POPSUGAR in its efforts to recoup fees, including, without limitation, those incurred in engaging a third party collection service.
Use of Buyer Personal Information
You agree that you will maintain the security and confidentiality of Buyer personal information (including, but not limiting to, their email address and physical address) and will only use personal information of Buyers for communications related to the Service and transactions facilitated through the Service. You agree not to use, sell, or transfer (except to a shipping carrier as needed to ship a Physical Product) such Buyer personal information for any other purpose, including, without limitation, unauthorized transactions or sending unsolicited commercial messages in violation of any applicable laws.
Seller Referral Program
From time to time, POPSUGAR may offer Sellers on the Service the opportunity to participate in the Seller Referral Program. Through the Seller Referral Program, Sellers will be provided with a unique referral link to share with friends. If the referred friend uses the unique referral link to sign up and becomes a Seller on the Service, the referring Seller will receive a percentage of the Transaction Fees earned by POPSUGAR in connection with the referred friend’s sale of its Products as a Seller through the Service.
By receiving a unique referral link from a referring Seller and becoming a Seller, you acknowledge and agree that the Seller who sent you the referral link will be paid a percentage of the Transaction Fees earned by POPSUGAR in connection with sales of Products in your Seller shop for a certain period of time (“Seller Referral Incentive”). For purposes of clarity, any Seller Referral Incentive will be paid by POPSUGAR to the referring Seller and will not be deducted from your Seller Revenue.
POPSUGAR makes no representations or warranties concerning any financial outcome resulting from your use of the Service, the efficacy of any digital rights management (DRM) methods we might use, or the accuracy of consumer information made available to you through the Service and/or your ability to use such consumer information.
Seller shall indemnify, defend and hold harmless POPSUGAR and its directors, officers, employees, representatives, consultants, agents, suppliers, partners and Buyers (“Indemnified Parties”) from any liability, claim, demand, damages, losses, or costs (including attorney’s fees and costs) arising from or related to: (a) a breach of any term of this Agreement by Seller; (b) your User Content (including, but not limited to, any Products); (c) your use of user information obtained in connection with the Service; or (d) any dispute between Seller and a Buyer. Seller may not settle any claim that admits fault of an Indemnified Party or creates an obligation of any Indemnified party with the prior written approval of such Indemnified Party, which shall not be unreasonably withheld. POPSUGAR reserves the right to handle its own legal defense in its sole discretions without limiting Seller’s obligation to indemnify any Indemnified Party, in which case Seller agrees to cooperate with POPSUGAR in such defense.
New Jersey Residents
If, and to the extent that New Jersey law applies, with respect to residents of New Jersey, the terms in the sections of these Seller Terms and Policies listed below do not limit any rights you may have as a consumer under New Jersey law and are intended to be only as broad and inclusive as permitted by the laws of the state of your residence:
Subject to the foregoing, POPSUGAR reserves all rights, defenses, and permissible limitations under New Jersey law. Nothing in this Section shall modify the binding arbitration clause and waiver for class action and jury trial set forth in the section of the Glow Terms entitled YOU ARE AGREEING TO BINDING ARBITRATION.