Fast Aquatics Vendor Agreement, v2.0

Effective when signed. Between you (the "Vendor") and WETYR Corporation, a Florida corporation operating fastaquatics.com (the "Platform" or "Fast Aquatics"). Read carefully - this is a binding contract.

1. Marketplace Role; You Are Merchant of Record

Fast Aquatics is a multi-vendor online marketplace facilitator. You are the merchant of record for every sale of your products through the Platform. You are solely responsible for the listing accuracy, fulfillment, packing, shipping, post-sale support, returns, refunds, sales tax collection (where you have nexus), 1099/income reporting, business licensing, animal welfare compliance, and consumer law compliance for each transaction. Fast Aquatics provides the technology, payment-routing, buyer-protection arbitration, and audience - not the goods.

2. Federal + State Aquatics Law Compliance (Vendor's Sole Responsibility)

You represent and warrant that for every listing and every shipment you will comply with: (a) the federal Lacey Act (16 U.S.C. §§ 3371-3378) prohibiting transport of injurious or illegally-taken wildlife across state lines; (b) the Endangered Species Act (16 U.S.C. §§ 1531 et seq.) and CITES Appendices I/II/III as enforced by USFWS; (c) USDA APHIS regulations on aquatic animal health (9 CFR Parts 50-99); (d) the Magnuson-Stevens Act for marine fisheries; and (e) all applicable state aquatic-life statutes including but not limited to: California Fish and Game Code § 2118 (piranha, snakehead, walking catfish prohibitions), Florida Fish and Wildlife Conservation Commission Rule 68-5.001-.030 (conditional and prohibited species), Hawaii HRS § 150A (importation permits), New York ECL § 11-0512 (prohibited species), Texas Parks & Wildlife Code § 66.007, and equivalent statutes in every other state where you ship.

Fast Aquatics' state-restriction database (the "52-Rule Engine") is provided as a courtesy to flag commonly-prohibited shipments at checkout. You acknowledge the 52-Rule Engine is not a legal opinion and is not exhaustive. You retain independent obligation to verify legality in the destination state and origin state for every shipment, including obtaining permits where required (e.g., HI non-native marine, FL freshwater stingray, CA aquaculture).

3. Animal Welfare Standards

You will follow industry-standard humane handling, conditioning, and acclimation practices for live aquatic animals; will not knowingly ship animals exhibiting signs of disease, injury, or terminal stress; will follow the Fast Aquatics Packing Standard v4.0 (40-60% water, oxygen-saturated bag, double-bag, insulated box, climate gel-pack, FedEx Priority Overnight or UPS Next Day Air); and will not list species banned in your origin state. Repeated welfare violations = immediate termination + reporting to USDA APHIS.

4. Funds; Payment Processing; Tax

Buyer payments settle directly to your connected processor account (PayPal, Square, Stripe Connect, or successor). Fast Aquatics never custodies buyer funds and is not a money transmitter under FinCEN guidance. Fast Aquatics' revenue is (a) a per-sale platform fee (7-12% by subscription tier, charged via the multi-payee split at capture) and (b) a monthly subscription fee. You are responsible for collecting and remitting state and local sales tax in jurisdictions where you have nexus. Fast Aquatics will issue marketplace facilitator reports where required by state law (e.g., Massachusetts, Pennsylvania, Texas marketplace facilitator statutes), but you remain liable for your own income tax and 1099/business reporting.

5. Buyer Protection + DOA Claims

Every shipment carries Fast Aquatics Buyer Protection: a 4-hour DOA window opens at the carrier-reported "delivered" scan. You will respond to claims within 24 hours (weekdays) or 48 hours (weekends/federal holidays). Approved DOA claims pay buyer's choice of cash refund, store credit, or replacement; refunds come from your sales proceeds. Fast Aquatics arbitrates contested claims using carrier tracking, weather data, photo evidence, and the buyer/vendor record. Fast Aquatics' arbitration decisions are final on the platform; either party may pursue an outside legal remedy under Section 13.

6. Climate-Aware Shipping

Orders pause when origin or destination zip codes forecast above 95°F or below 32°F mid-transit. Buyer chooses ship-anyway-with-waiver or wait-for-safe-window. Buyer's ship-anyway waiver overrides your standard DOA approval right for temperature-cause losses; you may contest specific claims via the standard arbitration path.

7. Trust Score; Public Performance Data

Fast Aquatics calculates and publishes a Trust Score (0-100) for each vendor based on real platform data: DOA performance (30%), customer satisfaction (20%), shipping speed (15%), claim response time (15%), order volume (10%), platform tenure (5%), verified credentials (5%). Methodology is published at /vendors/trust-leaderboard/. You consent to public display of your Trust Score, DOA rate, and ship-speed metrics. Persistent score below 50, three approved DOA claims in 30 days, or any single welfare/compliance violation triggers Strike System review per Section 8E.

8. Strike System; Suspension; Termination

(A) Strike 1 is a written warning. Strike 2 is a 30-day probation with daily review. Strike 3 is termination. (B) Fast Aquatics may suspend immediately and without strike for: fraud, misrepresentation of livestock origin or species, intentional welfare violations, shipping prohibited species, payment-processor disputes exceeding 5% of volume, defamation of the Platform or other vendors, or any criminal conduct related to the business. (C) Either party may terminate without cause on 30 days written notice. (D) Termination does not relieve you of obligations on then-pending orders. (E) On termination, you have 14 days to fulfill open orders; Fast Aquatics may, at its discretion, refund unfulfilled buyers and clawback any related platform fees from your future settlements.

9. Indemnification (Vendor's Indemnity Runs to WETYR)

You agree to defend, indemnify, and hold harmless WETYR Corporation, its officers, directors, employees, contractors, affiliates, and successors from and against any and all claims, losses, damages, liabilities, costs, expenses (including reasonable attorneys' fees and court costs), regulatory fines, settlements, and judgments arising out of or related to: (a) your products, listings, content, photos, or descriptions; (b) your fulfillment, packing, shipping, or returns; (c) your alleged or actual violation of any federal, state, or local law (including but not limited to the Lacey Act, ESA, CITES, USDA APHIS regulations, state aquatic-life statutes, sales tax laws, and consumer-protection laws); (d) any animal welfare claim or regulatory action against you; (e) any infringement of third-party intellectual property in your photos, descriptions, or marks; (f) any claim by a buyer that the goods received differed materially from your listing description; (g) any tax authority claim against you; and (h) any third-party claim that you breached this Agreement. Fast Aquatics' liability to you is capped per Section 12.

10. Intellectual Property

You retain all rights to your photos, descriptions, brand names, and trademarks ("Vendor Content"). You grant Fast Aquatics a non-exclusive, worldwide, royalty-free, sublicensable license to display, reproduce, modify (for size/format), distribute, and use Vendor Content (a) on fastaquatics.com and related Fast Aquatics-owned channels (email, social media, ad creative) for the purpose of marketing your listings and the Platform; and (b) in editorial coverage of you on the Platform (vendor profile, originator pages, case studies). The license survives termination for content publicly posted before termination. You represent and warrant you own or have full rights to all Vendor Content uploaded.

11. Confidentiality

Buyer personally identifying information (name, address, email, payment data) provided to you for fulfillment is confidential. You will (a) use it solely for order fulfillment and post-sale support; (b) not disclose it to third parties except shipping carriers and your own service providers under nondisclosure; (c) not use it for marketing without buyer's separate opt-in; (d) comply with applicable privacy laws including CCPA/CPRA and CalOPPA; and (e) delete or securely retain per a retention policy not exceeding seven years.

12. Limitation of Liability

To the maximum extent permitted by law: (a) Fast Aquatics' total cumulative liability to you under this Agreement is capped at the greater of $500 or the platform fees you paid Fast Aquatics in the trailing 12 months; (b) Fast Aquatics will not be liable for indirect, consequential, exemplary, special, incidental, or punitive damages, lost profits, lost data, or loss of goodwill, even if advised of the possibility; (c) the limitations apply to all claims, in contract, tort, or otherwise; (d) some jurisdictions do not allow exclusion of incidental or consequential damages, so portions may not apply.

13. Governing Law; Venue; Dispute Resolution

This Agreement is governed by the laws of the State of Florida, USA, without regard to conflict-of-laws principles, and applicable federal law of the United States. The parties acknowledge that aquatics commerce is uniquely cross-state in nature and that federal law (Lacey Act, ESA, CITES) and the laws of every state through which goods transit may apply to specific transactions.

Any dispute arising out of or related to this Agreement that cannot be resolved through good-faith negotiation within 30 days will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules in Miami-Dade County, Florida. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Each party waives the right to a jury trial and to participate as a plaintiff or class member in any class, collective, or representative proceeding. Notwithstanding the foregoing, either party may bring an action in state or federal court in Miami-Dade County, Florida for: (a) injunctive relief to protect intellectual property; (b) emergency relief to halt platform abuse; or (c) collection of liquidated amounts owed.

14. Force Majeure

Neither party is liable for delay or failure due to events beyond reasonable control, including natural disasters, pandemics, acts of war, government action, carrier failures, internet outages, or supply chain disruptions. The affected party will notify the other promptly and resume performance as soon as reasonably practicable.

15. Notices

Notice to Fast Aquatics: WETYR Corporation, attn: Legal, [email protected], with copy to the registered agent on file with the Florida Department of State. Notice to Vendor: the email and business address you provide on the Platform. Email notice is effective upon transmission absent bounce.

16. Severability; Survival; Entire Agreement

If any provision is held unenforceable, the remainder remains in effect and the unenforceable provision shall be modified to the minimum extent necessary to render it enforceable. Sections 4 (taxes), 9 (indemnification), 10 (IP license), 11 (confidentiality), 12 (limitation of liability), 13 (governing law / dispute resolution), 15 (notices), and 16 survive termination. This Agreement, together with the Buyer Protection Policy, the Packing Standard v4.0, and any Tier addendum, constitutes the entire agreement and supersedes prior understandings.

17. Updates

Fast Aquatics may update this Agreement on 30 days notice via email and a prominent dashboard banner. Continued use of the Platform after the effective date constitutes acceptance. Material changes (fee structure, indemnification scope, dispute resolution) will be opt-in via a new e-signature.

18. Founding Cohort Bonus

Founding-cohort vendors (first 25 approved at 0% platform fee for 90 days) maintain at least 5 active listings during the trial, receive a "founding vendor" badge on listings, and have direct input on the platform roadmap via quarterly review calls. Founding tier auto-converts to Professional at the standard rate after 90 days unless terminated under Section 8.

19. Acknowledgments

You acknowledge: (a) you have read this entire Agreement; (b) you have had the opportunity to consult counsel; (c) you are an authorized signatory for the Vendor entity; (d) you are 18+ years old; (e) the typed name below has the same legal effect as a wet-ink signature under the federal E-SIGN Act (15 U.S.C. § 7001) and the Florida Uniform Electronic Transactions Act (Florida Statutes Chapter 668); (f) Fast Aquatics will record your IP address, user-agent, and timestamp as part of the audit trail for this signature; and (g) the document hash above ensures tamper detection.

Agreement v2.0 hash recorded with signature for tamper detection. Full version controlled at /vendor-agreement.html.