Become a Merchant Partner

1. Introduction

This Merchant Partner Agreement ("Agreement") is entered into between Concierge Inc ("Platform", "we", "us", or "our") and the merchant partner ("Merchant", "you") submitting this application. By signing this Agreement, both parties agree to the terms and conditions set forth herein.

This Agreement governs the relationship between the Platform and the Merchant with respect to the listing, promotion, and fulfillment of orders placed through the Concierge Inc platform, including its website and mobile applications.

2. Platform Services

Concierge Inc provides a technology platform connecting customers with local merchants for on-demand delivery and pickup services. The Platform provides:

• Access to the merchant dashboard for managing orders, menus, and hours
• Customer acquisition through the Concierge Inc app and website
• Payment processing and disbursement services
• Customer support for order-related inquiries
• Marketing and promotional placement at Platform's discretion

3. Commission & Fees

The Merchant agrees to pay Concierge Inc a flat commission of 15% of each order's subtotal (excluding taxes and delivery fees) processed through the Platform. This commission covers payment processing, platform maintenance, customer support, and marketing services.

Additional fees may apply for optional premium services such as sponsored placement, priority support, or custom integrations. These will be agreed upon separately in writing before being applied.

The Platform reserves the right to modify the commission rate with 30 days written notice to the Merchant. Continued use of the Platform after the notice period constitutes acceptance of the new rate.

4. Payouts

Concierge Inc processes payouts to Merchant bank accounts on a weekly basis, every Friday, for all completed and non-refunded orders from the prior week (Monday through Sunday). Payouts reflect the order total minus the platform commission and any applicable refunds or adjustments.

Payouts are subject to a minimum threshold of $10.00. Balances below this threshold will roll over to the following week. The Merchant is responsible for providing accurate banking information. Concierge Inc is not liable for delays caused by incorrect bank details.

A payout history and detailed breakdown is available at all times through the merchant dashboard.

5. Service Standards

Merchant agrees to maintain high service standards to ensure a positive customer experience. These include:

• Order Acceptance Rate: Maintain an acceptance rate of at least 85% of incoming orders during published open hours
• On-Time Fulfillment: Prepare orders within the stated preparation time at least 90% of the time
• Customer Rating: Maintain an average customer rating of 3.5 stars or higher (out of 5)
• Menu Accuracy: Keep the platform menu current, accurate, and consistent with in-store offerings
• Hours Accuracy: Update operating hours promptly to reflect actual availability
• Food Safety: Comply with all applicable local, state, and federal food safety regulations

Failure to maintain these standards may result in reduced visibility in search results, temporary suspension, or termination of the partnership at Concierge Inc's sole discretion.

6. Merchant Responsibilities

The Merchant is solely responsible for:

• The quality, safety, and accuracy of all products and services offered through the Platform
• Compliance with all applicable federal, state, and local laws and regulations, including but not limited to business licensing, health codes, tax obligations, and labor laws
• Maintaining valid business licenses, permits, and insurance throughout the term of this Agreement
• Accurate representation of product descriptions, ingredients, allergen information, and pricing
• Timely response to customer complaints escalated by the Platform

7. Prohibited Activities

Merchant agrees NOT to:

• List products that are illegal, counterfeit, expired, or misrepresented
• Solicit customers acquired through the Platform to place orders outside of the Platform in order to avoid commissions
• Engage in fraudulent orders, fake reviews, or any form of deceptive practices
• Share login credentials or allow unauthorized access to the merchant dashboard
• Use the Platform's branding, logos, or materials without prior written consent

8. Order Cancellations & Refunds

Orders may be cancelled by the customer within 2 minutes of placement without penalty. After that window, cancellations require Platform approval. Refunds issued to customers due to Merchant error (wrong items, missing items, quality issues) will be charged back to the Merchant.

The Platform may issue discretionary refunds to customers as a service gesture. Merchant will not be charged for these courtesy refunds.

9. Term & Cancellation

This Agreement commences on the date the Merchant's application is approved and continues until terminated by either party. Either party may terminate this Agreement with 30 days written notice. Written notice may be delivered via email to the other party's registered address.

Concierge Inc may suspend or terminate this Agreement immediately, without notice, in cases of:

• Serious breach of this Agreement
• Fraud, illegal activity, or actions that damage the Platform or its users
• Sustained failure to meet service standards after written warning

Upon termination, the Merchant's access to the dashboard will be deactivated, and any outstanding payouts will be processed within 30 days, subject to any outstanding chargebacks or disputes.

10. Intellectual Property

The Merchant grants Concierge Inc a non-exclusive, royalty-free license to use the Merchant's name, logo, menu content, photos, and descriptions for the purposes of operating and marketing the Platform. The Merchant retains ownership of all submitted content.

11. Data & Privacy

Concierge Inc will share order-level data with the Merchant (order contents, delivery address) as necessary to fulfill orders. Customer personal information may not be used for marketing or any purpose outside of the specific order. Concierge Inc's Privacy Policy governs the collection and use of data on the Platform.

12. Indemnification

The Merchant agrees to indemnify, defend, and hold harmless Concierge Inc and its officers, directors, employees, and agents from any claims, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from: (a) the Merchant's products or services; (b) the Merchant's breach of this Agreement; (c) the Merchant's violation of any applicable law or third-party right.

13. Limitation of Liability

To the maximum extent permitted by applicable law, Concierge Inc shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with this Agreement or the Platform.

14. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions. Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules.

15. Entire Agreement

This Agreement, together with any supplemental terms communicated in writing by Concierge Inc, constitutes the entire agreement between the parties regarding the subject matter herein and supersedes all prior agreements, representations, and understandings. Amendments to this Agreement must be made in writing and signed by both parties.

By signing below, the Merchant acknowledges that they have read, understood, and agree to be bound by all terms of this Merchant Partner Agreement.