Status: Template for legal review. Final text will be reviewed by marketplace counsel before any vendor signs. Estimated counsel cost $1,500-3,500 per V4 §D6.

1. Parties

This Agreement is between WETYR Corporation ("Fast Aquatics") and the business or individual identified during account creation ("Vendor"). By executing this Agreement digitally, Vendor accepts these terms.

2. License to list

Fast Aquatics grants Vendor a non-exclusive, non-transferable license to list approved products on the Fast Aquatics platform during the active subscription period.

3. Vendor responsibilities

  • Accurately represent species, lineage, count, condition, and pricing of all listings
  • Comply with state, federal, and international law including the Lacey Act, CITES, and state-specific aquaculture and species restrictions
  • Maintain valid aquaculture certificates where required (notably Florida)
  • Fulfill orders within posted SLAs, ship via FedEx Priority Overnight or UPS Next Day Air only
  • Complete and maintain Fast Aquatics Packing Certification (annual recertification)
  • Respond to DOA and other claims within 24 hours (48 on weekends)
  • Provide accurate tax information for 1099 reporting
  • Maintain Vendor's connected payment processor in good standing

4. Platform fees and subscription

Vendor pays the subscription fee for the chosen tier (Starter $30/mo, Professional $99/mo, Enterprise $299/mo) plus the platform fee on each transaction (12%, 9%, or 7% by tier respectively). Fees may change on 30 days notice; Vendor may cancel before any change takes effect.

5. Payment processing

Vendor connects their own Square, Stripe, PayPal, or Whop account. Fast Aquatics processes transactions on Vendor's connected processor and deducts the platform fee at the processor level. Funds settle directly to Vendor; Fast Aquatics does not hold or float Vendor funds.

6. Indemnification

Vendor agrees to indemnify, defend, and hold harmless WETYR Corporation, its affiliates, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees and court costs) arising from or related to: (a) Vendor's products listed on the platform, including but not limited to claims of product defect, mislabeling, misrepresentation, illness or death of livestock, or violation of state or federal law; (b) Vendor's acts or omissions in fulfilling orders, including packaging, shipping, and customer communications; (c) Vendor's breach of any representation, warranty, or covenant in this Agreement; (d) Vendor's violation of any applicable law, regulation, or third-party right.

7. Performance standards

Vendor agrees to maintain DOA rates within category-appropriate thresholds:

  • Freshwater fish: under 1.5%
  • Saltwater fish: under 2.5%
  • Coral: under 3.0%
  • Invertebrates: under 1.5%
  • Plants: under 0.5%

Vendors exceeding these thresholds enter the three-strike system: warning (Strike 1), public probation with reduced listing limits (Strike 2), suspension or removal (Strike 3).

8. Insurance

Vendor is encouraged but not required to carry General Liability insurance ($1M per occurrence minimum) and livestock cargo insurance. Fast Aquatics may require proof of insurance for Enterprise-tier or wholesale-eligible vendors.

9. Term and termination

This Agreement is month-to-month and continues until terminated. Either party may terminate with 30 days written notice. Fast Aquatics may terminate immediately for breach, fraud, fund seizure by Vendor's processor, or violations of applicable law.

Upon termination: Vendor's listings are removed within 7 days; in-flight orders complete; outstanding settlements process per the connected processor's normal schedule.

10. Confidentiality

Each party agrees to maintain in confidence non-public information shared by the other party. Buyer data, claim data, and platform analytics are confidential.

11. Intellectual property

Vendor retains ownership of Vendor's product photos, copy, and branding. Vendor grants Fast Aquatics a non-exclusive, royalty-free license to use Vendor's submitted materials for purposes of operating and marketing the platform.

12. Marketplace facilitator status

Fast Aquatics is a marketplace facilitator and collects sales tax in states where we have economic nexus. Vendor remains responsible for income tax, self-employment tax, and any sales tax in jurisdictions where Fast Aquatics has not yet registered. Fast Aquatics will provide annual 1099 documentation.

13. Dispute resolution

Disputes between Vendor and Fast Aquatics are resolved per the arbitration provisions of the Fast Aquatics Terms of Service. Disputes between Vendor and a buyer are resolved through Fast Aquatics' claim process, with Fast Aquatics' mediation decision binding under this Agreement.

14. Governing law

Delaware law. Venue for any non-arbitrable claim is Delaware.

15. Entire agreement

This Agreement, together with the Terms of Service, Buyer Protection Policy, and Packing Standards (each incorporated by reference), constitutes the entire agreement between Fast Aquatics and Vendor concerning the subject matter and supersedes all prior agreements.

Questions: legal@wetyr.com or vendors@wetyr.com.