Upon submission of your vendor registration application and booth payment for the Texas Trade Days Online Market, you agree to the following:
SERVICE AGREEMENT: You understand this is a SERVICE agreement between you/your company (vendor) and KM Parker Enterprises LLC d/b/a Texas Trade Days for the purpose of selling approved items through the Texas Trade Days online market platform.
AGE RESTRICTION: You confirm you are at least 18 years of age with residency in the USA.
USE OF VENDOR IMAGES, ETC.: Your online shop (booth), product listings, images, etc. may be used by Texas Trade Days for the purposes of advertising for more shoppers, vendors and website visitors online and off-line.
MARKET SALES, SIZE & TRAFFIC: Texas Trade Days does not estimate, guarantee, nor is responsible for vendor sales, customer traffic, vendor space rentals or attendance amounts.
ITEM LIMITATIONS: Vendor agrees to only sell or distribute the items they listed on the application, and the sale of non-approved items may result in the immediate removal of the items and/or the vendor.
PROHIBITED ITEMS: Vendor understands the sale and distribution of the following items, and their related items, is not allowed: (Any attempts to sell these items may be subject to at least the vendor’s immediate removal by law enforcement security present at each market.)
Firearms, ammunition, weapons of any kind (Texas Penal Code. Title 10. Chapter 46. Weapons)
Items that by sale, possession, or use are in violations of any local, state, or federal law.
Illegal products not obtained on the open market.
Drugs and drug paraphernalia – including FDA approved over the counter drugs.
Texas Trade Days reserves the right to restrict the possession, display, transfer, exchange, or sale, and to call for the immediate removal of any item(s) from the online marketplace.
VENDOR PRODUCT EXCLUSIVITY: Texas Trade Days does not grant exclusive rights to sell any product type to any vendor for any market. Multiple vendors may sell similar items.
DIRECT SALES/MULTI-LEVEL MARKETING REPRESENTATIVES.Vendors are responsible for checking the availability on the Vendor Directory page prior to signing up for market to prevent double-booking a MLM company. Texas Trade Days may accept multiple DS/MLM vendors from the same company at any market. Vendor is not entitled to any refund for Texas Trade Days choosing to book multiple vendors. Inactive MLM vendors will be removed without refundto allowactive representatives an opportunity to sell.
LICENCES, PERMITS & INSURANCE: Vendor understands and agrees to obtain and maintain all required licenses and permits required by local, state, and federal law, as well as insurance policies required for vendor’s operation. Texas Trade Days requires all permits and occupational licenses to be displayed at the vendor’s booth for customers to easily see during market, as required by law.
TX SALES & USE TAX: Texas Sales and Use Tax Permit required, as required by the Texas Comptroller of Public Accounts (TXCPA). Refer to the Texas Administrative Code 3.286 subsection B.1 for more information or call the TXCPA at 1-800-252-5555 MLM, COTTAGE FOOD, AND WHOLE FOODS ARE EXEMPTED FROM THIS STATE REQUIREMENT.
LIMITATIONS ON LIABILITY: Vendor agrees Texas Trade Days is not liable to any vendor or any other person for special, indirect, incidental, consequential, or exemplary losses, damages, or expenses, directly or indirectly arising from the participation or non-participation of vendor in any market, or from any other cause relating thereto. Texas Trade Days’ liability does not, in any event, whether based on contract, warranty, tort (including, but not limited to negligence and strict liability) or otherwise, exceed the amount paid by the vendor for their online booth.
FORCE MAJEURE: Vendor agrees Texas Trade Days is not liable for any failure to perform any obligation under any agreement, or for any delay in performance, due to events or circumstances beyond Texas Trade Days reasonable control including, but not limited to weather, acts of God, acts or threats of terrorism, government acts, technical failures, fire, or other similar events or circumstances. Texas Trade Days is not liable for any act by any local municipality; county, state, or federal agency; venue, or online platform which may result in the failure of Texas Trade Days to perform any obligation under any agreement, or for any delay in performance including, but not limited to cancellations of markets, placing additional restrictions on vendor participation, changes to market dates, times, or locations at venue, failing to enforce laws or ordinances affecting a market.
SEVERABILITY: Vendor understands if any provision of this agreement is determined to be invalid, illegal, or unenforceable, it shall not affect the enforcement of any other provision of this agreement. Rather, the invalid, illegal, or unenforceable provision shall be modified to the extent necessary so that it is valid, legal, and enforceable.
APPLICABILITY: Vendor understands this Agreement is only applicable to Texas Trade Days. Unauthorized use, in whole or in part, by another is strictly prohibited and may be punishable by law.
DEFAULT: Vendor understands that a violation of any of the terms of this Agreement results in the termination of this Agreement and the preclusion of the vendor’s participation. Upon violation, vendor shall not be entitled to any refund, and forfeits all amounts previously paid as liquidated damages.
REFUND POLICY: Vendor refunds are only issued when vendor notifies Texas Trade Days according to the online market refund policy. No refunds for failure to abide by the online market refund policy, and default of this Vendor Policy and Agreement. “Roll-overs” to other markets and credits are not provided to vendors for online markets. Vendors are not entitled to a prorated price if they choose to register, renew or discontinue their booths in the middle of each month, nor will they receive a refund of difference in price if they register or renew prior to any sales on booths offered by Texas Trade Days. Chargeback claims for vendor’s failure to use services provided by Texas Trade Days may result in claim disputes and other remedies as provided by law, in addition to the permanent removal of the vendor from all markets and the inability to conduct any business with KM Parker Enterprises LLC in the future.