COMMISSIONS:
Marketing Commission = 15%
Delivery Commission =
10%
0% ( zero ) Welcome Offer .
Delivery Commission does not apply for customers pick-up
StunDel
is an application that allows Merchant to advertise the sale of goods and services through the StunDel Network, connected through social media, mobile applications, websites and computer networks. Revenues generated by such sale shall be received by StunDel or StunDel’s designated payment processing service company (the “Payment Processing Company”), which shall redistribute the revenues to Merchant, minus the commission fees due to StunDel as describe in the below paragraph entitled "
Payments
". The merchant may enjoys an exceptional Welcome Offer in which the delivery commission will be reduced exceptionally from 10% to 0% . Thereby, the merchant will not have to pay any commission on deliveries during the Welcome Offer period. It is understood and agreed that Merchant shall be responsible for sales, use, privilege, excise, or other tax due in connection with the sale of goods or services and the filing of all required sales tax returns and associated forms. StunDel algorithm ranks the Merchant based on commission fees and performance targets (higher fees may allow a greater merchant exposure and therefore more sales and revenues).
Terms :
The term hereof shall commence on :
Jan 30 2026 06:21
and continues during 5 (five) years counted from this same day.
The Welcome Offer shall commence on :
Jan 30 2026 06:21
and continues during 1 (one) month counted from this same day.
StunDel’s Rights and Obligations :
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StunDel may use different means to promote the Merchant's goods and services, such as, but not limited to: display of the Merchant's marks, special promotions, sale of goods and/or services through the StunDel networks, StunDel apps and/or StunDel partners, but also StunDel may create, maintain and operate websites and mobiles apps on Merchant’s behalf. Merchant hereby grants StunDel the right to set up Merchant URL and app name or any URL or "app name" that StunDel may create for this purpose. It is understood and agreed that the Merchant shall keep and own all rights to such URLs or "app names" that the Merchant may have lent to StunDel and StunDel shall keep and own all rights, title, interest and copyright for those websites or apps created by StunDel.
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StunDel agrees to advertise Merchant's goods and services and will have sole editorial control over the advertisements, including the presentation of the Merchant’s image, brands, and description of the Merchant’s goods and services. StunDel may change, in consultation with Merchant, any titles, descriptions, pictures, prices, and any other information related to the Merchant’s goods and services in order to optimize marketing performances.
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StunDel will provide a marketing service and StunDel will connect the Merchant to the processing payment services of its choice in order to allow customers to pay. StunDel will connect the Merchant to the couriers or delivery services companies of its choice in order to allow customers to be delivered. StunDel shall have the sole right to determine the delivery fee and other particulars of the Delivery Services, including the available hours and delivery area. StunDel may cease providing marketing services for all or any Merchant’s products and services at any time without notice. StunDel shall have the sole right to cease connecting Merchant or processing payment services at any time without notice.
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StunDel EXPRESSLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE NEED-NOW APPLICATION, INCLUDING WITHOUT LIMITATION IMPLIED OR EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. StunDel Services are provided on an “as is” and “as available” basis, and StunDel shall not be liable to Merchant for damages resulting from the failure of the App or Website. StunDel’s maximum liability hereunder will be the amount of Commissions earned by StunDel pursuant to this Agreement during the prior three (3)-month period.
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StunDel will indemnify and hold harmless Merchant from any claims, actions or proceedings arising out of StunDel’s gross negligence or willful misconduct.
Merchant's Rights and Obligations :
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Merchant agrees to prepare orders registered via networks, StunDel apps and/or StunDel partners during Delivery/Pickup Hours. Such orders have to be ready for pick-up as fast as possible. Selling Prices, deadline, and quality have to be as competitive as in the Merchant store or other third party selling the Merchant’s goods and/or services.
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Merchant shall rely on StunDel to optimize the marketing performance and hereby authorizes StunDel to change any titles, descriptions, pictures, selling prices, and any other information related to the Merchant’s goods and services in order to do so.
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Merchant grants for free the right to use the name, image, content and any other related information (especially that found on the Merchant's website) without limitation in time and grants to StunDel a perpetual, royalty-free worldwide right and license to use the Merchant’s data, apps, and websites for marketing and promotional purposes via any means now known or hereinafter developed.
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Merchant shall rely on StunDel to be connected with the processing payment services, couriers and/or delivery services companies, and hereby authorizes StunDel to select, negotiate, accept and/or contract on his behalf any agreement or terms allowing StunDel customer to order, pay and be delivered in conditions deemed satisfactory for StunDel.
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Merchant will not directly market to or solicit any consumer or company introduced by StunDel without StunDel’s prior written consent. Merchant will not market to or solicit such consumer or company through a third party. Merchant may however include advertising flyers to such orders.
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Merchant agrees to maintain the confidentiality of this Agreement and pledges not to divulge information acquired through StunDel, including without limitation all customer information.
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Merchant agrees to be bound by StunDel Terms of use on
http://www.stundel.com/terms
which may be amended or updated at any time.
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Merchant represents and warrants that it has the authority to enter into this Agreement, and in doing so, Merchant will not violate this Agreement or any other agreement to which it is a party. Merchant will not violate the rights of any third party. Merchant understands and accepts all responsibility in case of Merchant’s violation of any agreements, laws, rules or regulations in force in Merchant’s city, state and/or country. It is understood and agreed that Merchant will comply with all laws, rules, and regulations applicable to the sale and delivery of alcoholic beverages to the public.
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Merchant understands and agrees that it is the Merchant’s responsibility to collect and remit any sales, use, privilege, excise or other tax due in connection with the sale of goods or services and the filing of all required sales tax returns and associated forms.
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Merchant gives exclusivity to the platform and will not contract to any StunDel competitor or any other delivery services.
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Merchant will allow StunDel to modify the price of each good or service in order to optimize sales, as long as the Merchant’s commission is calculated on prices set by the Merchant, or prices on the website, or in the Merchant's store.
Payments :
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Merchant agrees to pay a Marketing Commission set forth in the above paragraph entitled " COMMISSIONS." Each commission is calculated on the "Product Total".
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StunDel will send at least once a month a payment via check, ACH, or deposit on payment card. This payment includes the price(s) of products sold, tax, tip, delivery, and any other fees received by StunDel on behalf of the Merchant for orders in the corresponding time period, less the commissions, tips (if any), and payment card processing fees.
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It is the Merchant’s responsibility to collect and remit any sales, use, privilege, excise or other tax due in connection with the sale of goods or services and file all required sales tax returns and associated forms.
INDEMNIFICATION BY MERCHANT:
Merchant agrees to indemnify and hold StunDel and its agents, employees, attorneys, officers, directors, members, and representatives harmless (including attorneys’ fees) from and against any claims, liability, judgments costs and expenses arising out of (i) the Merchant’s failure to comply with all laws, rules, and regulations applicable to the sale and delivery of alcoholic beverages to the public; and/or (ii) any breach of any representation or warranty contained in this Agreement.
DISPUTES & ARBITRATION
MERCHANT AND NEED-NOW AGREE THAT FOR ALL CLAIMS OR DISPUTES ARISING OUT OF THIS AGREEMENT, THEY AGREE TO CONTACT EACH PARTY FIRST AND ATTEMPT TO SETTLE ANY SUCH DISPUTE AMICABLY. IN THE INTEREST OF RESOLVING DISPUTES BETWEEN MERCHANT AND NEED-NOW IN THE MOST EXPEDIENT AND COST EFFECTIVE MANNER, MERCHANT AND NEED-NOW AGREE THAT EVERY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION. ARBITRATION IS MORE INFORMAL THAN A LAWSUIT IN COURT. ARBITRATION USES A NEUTRAL ARBITRATOR INSTEAD OF A JUDGE OR JURY, MAY ALLOW FOR MORE LIMITED DISCOVERY THAN IN COURT, AND CAN BE SUBJECT TO VERY LIMITED REVIEW BY COURTS. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD. OUR AGREEMENT TO ARBITRATE DISPUTES INCLUDES ALL CLAIMS ARISING OUT OF, OR RELATING TO, ANY ASPECT OF THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER A CLAIM ARISES DURING OR AFTER THE TERMINATION OF THIS AGREEMENT. ANY ARBITRATION BETWEEN MERCHANT AND NEED-NOW WILL BE GOVERNED BY THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, "AAA RULES") OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"), AS MODIFIED BY THIS AGREEMENT, AND WILL BE ADMINISTERED BY THE AAA. THE AAA RULES AND FILING FORMS ARE AVAILABLE ONLINE AT
WWW.ADR.ORG
, BY CALLING THE AAA AT
1-800-778-7879, OR BY CONTACTING NEED-NOW AT NEED-NOW’S DESIGNATED CUSTOMER SERVICE EMAIL. MERCHANT UNDERSTANDS AND AGREES THAT, BY ENTERING INTO THIS AGREEMENT, MERCHANT AND NEED-NOW ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. DESPITE THE PROVISIONS OF THE PARAGRAPH DIRECTLY ABOVE, MERCHANT AND NEED-NOW BOTH AGREE THAT NOTHING IN THIS AGREEMENT WILL BE DEEMED TO WAIVE, PRECLUDE, OR OTHERWISE LIMIT THE RIGHT OF EITHER PARTY TO: (A) BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT; (B) PURSUE AN ENFORCEMENT ACTION THROUGH THE APPLICABLE FEDERAL, STATE, OR LOCAL AGENCY IF THAT ACTION IS AVAILABLE; (C) SEEK INJUNCTIVE RELIEF IN A COURT OF LAW; OR (D) TO FILE SUIT IN A COURT OF LAW TO ADDRESS AN INTELLECTUAL PROPERTY ISSUE.
GOVERNING LAW
This Agreement will be governed by the laws of the State of California, without respect to its conflicts of laws principles. Any claims arising out of or relating to this Agreement or the terms of use that are not subject to the present Disputes & Arbitration section of this Agreement shall be brought exclusively in the federal or state courts of Los Angeles County, California, USA, and Merchant and StunDel consent to the personal jurisdiction of such courts.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written.
“Merchant” “StunDel”
Jan 30 2026 06:21
NEED-NOW CORPORATION, a Delaware Corporation
Enter your name to sign electronically :
