Seller Agreement

Last updated: July 5, 2026

This Seller Agreement is a binding contract between you ("Seller") and Rockhounding Inc, a Utah corporation ("we," "us," the "Marketplace"). It governs listing and selling on rockhounding.org and incorporates the Marketplace Terms of Service and Privacy Policy. It includes arbitration, a class-action waiver, and limitations of liability.

1. Relationship of the parties You are an independent seller and contractor; nothing here creates employment, agency, or partnership. The Marketplace is a venue — the sale contract is between you and the Buyer; we are not the seller of your Items and do not take title, possession, or authenticate Items. You are solely responsible for your Items, listings, packaging, shipment, and conduct.

2. Eligibility and account You must be at least 18 and able to contract. Provide accurate identity, business, banking, and tax information and keep it current. You are responsible for activity in your account.

3. Plans and subscription fees Selling requires an active plan: Basic (15% of the total sale plus $0.30 per sale) or Pro (8% of the total sale plus $0.30 per sale, with the portion of the Item price above $1,000 charged at 5% instead of 8%), at the then-current monthly fees. "Total sale" means the Item price plus shipping and applicable tax. Subscription fees are billed in advance and are non-refundable except where required by law. We may change fees or commission rates on 30 days' notice.

4. Commissions, processing, and fees For each sale you authorize us to deduct the applicable commission (which is calculated on the total sale and includes payment-processing costs), your subscription fee, and any shipping-label or refund/chargeback amounts from the proceeds. Your net payout equals the Item price plus Buyer-paid shipping, less those amounts.

5. Stripe Connect; payouts; escrow To receive funds you must onboard and maintain a Stripe Connected Account (Express) and agree to Stripe's Connected Account Agreement; Stripe holds your bank details and performs identity verification. Buyer payment is held in escrow and becomes eligible for release one (1) day after delivery is confirmed, or seven (7) days after the Item is marked shipped — only if no cancellation, refund request, or dispute is open. Eligible funds are transferred to your Connected Account on our next payout run (at least weekly); bank deposit timing then depends on Stripe and your bank. We may extend holds during investigations, and may withhold, offset, or reverse amounts (including from future payouts or your payment method) to cover refunds, chargebacks, fees, or amounts you owe.

6. Listings and descriptions Your listings must be accurate, complete, and not misleading, and must disclose material, locality/provenance, weight, dimensions, and any treatment, repair, reconstruction, or stabilization. You may only list Items you own or are authorized to sell and may lawfully sell and ship. You grant us a worldwide, royalty-free, sublicensable license to host, display, and distribute your listing content (including for search engines, social media, and product feeds).

7. Prohibited and restricted Items You may not list Items whose sale, possession, or shipment is unlawful, including: vertebrate fossils or materials unlawfully collected from public, tribal, or protected lands or in violation of the Paleontological Resources Preservation Act or comparable law; protected, endangered, or CITES-restricted species or materials; radioactive minerals above lawful limits or shipped against carrier/hazmat rules; meteorites exported unlawfully; and any stolen, looted, counterfeit, or misrepresented material. You are solely responsible for legality; we may remove listings and report unlawful activity.

8. Shipping and fulfillment You must ship and upload valid tracking within three (3) business days; otherwise the order auto-cancels and refunds the Buyer, and repeated failures harm your standing and may lead to suspension. You are responsible for protective packaging of fragile specimens and compliance with shipping and hazmat rules.

9. Offers, cancellations, disputes, and refunds Offers. If you enable offers on a listing, a buyer's accepted offer is a completed sale at the offered price. If you send an offer to interested buyers, you commit to honor that price for the stated window if a buyer accepts. A Buyer may request to cancel before shipment; you may accept (full refund) or decline if already shipped. You may also cancel an unshipped order yourself with a reason (shown to the Buyer); the Buyer receives a full refund, and repeated seller cancellations count against your standing. For problem reports (with photos), you respond first — issue a full refund or decline (partial refunds are not currently supported). If you decline or don't respond within five (5) days, the Buyer may escalate to us; we make a final, binding decision and you authorize the resulting refund and recoupment from your proceeds or payouts. You are responsible for chargebacks on your sales and authorize recoupment.

10. Standards, reviews, and standing Provide professional service, respond promptly, honor listings, and keep inventory accurate. We track non-fulfillment, cancellations, and disputes, and may suspend, restrict, downgrade, or terminate accounts below our standards. You may not solicit false reviews, incentivize reviews, or manipulate ratings.

11. Fee circumvention You may not facilitate off-platform transactions to avoid fees, solicit Buyers off-platform, or include contact details or external links to divert transactions. Violations may result in termination and forfeiture of pending proceeds to the extent permitted by law.

12. Taxes Where required, we (as marketplace facilitator) calculate, collect, and remit sales tax on Marketplace sales. You are solely responsible for your own income, self-employment, business, and import/export taxes and any required registrations and reporting. We and/or Stripe may issue tax forms (e.g., 1099-K) as required by law.

13. Warranties, disclaimers, and limitation of liability You represent that you have the right to sell and ship each Item, that your listings are accurate and lawful, and that your Items are authentic and as described. THE MARKETPLACE IS PROVIDED "AS IS"; WE DO NOT GUARANTEE ANY SALES, VISIBILITY, OR REVENUE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, AND OUR TOTAL AGGREGATE LIABILITY WILL NOT EXCEED THE TOTAL COMMISSIONS WE EARNED FROM YOUR SALES IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification You agree to indemnify and hold harmless the Marketplace and its owners, officers, employees, and agents from claims, damages, losses, fines, and expenses (including reasonable attorneys' fees) arising from your Items, listings, sales, shipments, tax obligations, breach of this Agreement (including Section 7), or infringement of any third-party right.

15. Suspension and termination You may stop selling and close your storefront at any time, subject to fulfilling open orders and resolving open disputes. We may suspend, restrict, or terminate your account or listings at any time for violations, legal or risk concerns, or poor standing. Provisions that by their nature survive (including 4, 5, 7, 9, 12–16) survive termination.

16. Governing law; arbitration; class-action waiver This Agreement is governed by the laws of the State of Utah. Except for small-claims and injunctive-relief matters, disputes will be resolved by final and binding arbitration on an individual basis; you and we waive any class or representative action.

17. General We may amend this Agreement by posting an updated version; continued selling is acceptance. This Agreement (with the Terms of Service and Privacy Policy) is the entire agreement; if any provision is unenforceable the rest remains. You may not assign it without our consent; we may assign freely. Your acceptance constitutes a valid electronic signature. Contact: [email protected].