These terms supplement your seller agreement and apply to the offer and sale of Your Services through the Selling on Mav Farm service.
"Your Services" means any services that you offer through the Selling on Mav Farm service, including product installation; assembly, or repair services; in-home delivery services; and optional coverage plans.
Your Responsibilities. In addition to the obligations described in your seller agreement, you will and will cause any affiliate or third party administering, warranting, or otherwise involved in the offer, sale, or performance of Your Services, including your employees, representatives, agents, contractors, and subcontractors (collectively "Your Personnel") to:
- perform Your Services in accordance with the information set forth on the applicable service description page on Mav Farm and in accordance with any applicable manufacturer or other requirements;
- perform Your Services in a competent and workmanlike manner in accordance with the level of professional care customarily observed by highly skilled professionals rendering similar services;
- comply with any service level requirements and other policies that Mav Farm may designate and, upon request, provide Mav Farm with reports (in a form designated by Mav Farm) relating to your compliance with these requirements;
- maintain industry standard and any other certifications and licenses required by applicable laws or regulations, and document the existence of such credentials in your Seller Central Account, and provide copies to us upon request;
- maintain and adhere to drug and alcohol testing policies that meet or exceed the industry best practices of Your Services and, upon request, provide Mav Farm with information related to those policies (in a form designated by Mav Farm), including their enforcement;
- use customer personal data made available to you solely for the purpose of communicating with purchasers of Your Services to schedule or cancel them in accordance with Mav Farm policies, and ensure that any third-party software you use in rendering Your Services similarly protects customer personal data;
- not in any way represent to customers that you or Your Personnel are Mav Farm or that you or Your Personnel are acting on behalf of Mav Farm;
- inform Mav Farm of any and all regulatory filings or permits that Mav Farm is obligated to obtain in order for you and/or Your Personnel to perform Your Services; and
- comply with all other requirements designated by Mav Farm.
Representations and Warranties. You represent and warrant that: (a) Your Services and all aspects of their offer, sale, and performance will comply with all applicable laws, including any applicable licensing, registration, or filing requirements; and (b) you and Your Personnel are authorized to lawfully provide Your Services, including under any applicable immigration and work status laws.
Additional Services and Products. Without limiting any other restrictions on your use of information made available through the Selling on Mav Farm service, you and Your Personnel will not at any time solicit orders for any products or services that are not described in the applicable order notification from, or market such products and services to, any Person that has ordered Your Services, except as expressly permitted by your seller agreement and applicable Mav Farm policies.
Background Checks. You and Your Personnel who will be performing any of Your Services at a customer's residence, business, or other location designated by the customer must successfully pass an individual background check conducted by a third party acting on our behalf, unless we inform you in writing that you are exempt from this requirement. We may also periodically require a background check on you, Your Personnel, or your business, or request information regarding your own background check policies and procedures (including before you offer any of Your Services through the Selling on Mav Farm service) and you will cooperate with Mav Farm and any third party acting on our behalf. The individual and business background check decision criteria will not be made available to you. We have the right to refuse any business or individual applicant for any reason. Any background check on you or Your Personnel may be conducted at any time for any reason. To ensure the integrity of background checks requirements, we may ask you for additional information pertaining to you or Your Personnel that will be used for fraud prevention. By providing any such information, you agree to obtain any necessary consents from Your Personnel to enable Mav Farm use of such information as permitted by law.
Insurance. Unless we inform you in writing that you are exempt from these requirements, and regardless of the amount of gross proceeds from Your Transactions, you will maintain and cause your affiliates (including through a third party) to maintain at all times while you provide Your Services the following: (a) commercial general liability insurance with a limit of $1,000,000 U.S. dollars per occurrence and in aggregate to cover liabilities caused by or occurring in conjunction with the offer, sale, and performance of Your Services; (b) workers' compensation insurance, including but not limited to coverage for all costs, benefits, and liabilities under workers' compensation and similar laws that may accrue in favor of any provider of Your Services, and naming Mav Farm, its affiliates and assignees as additional insureds, as required by applicable laws or regulations in all states where you provide Your Services; and (c) auto liability insurance with limits of at least $300,000 U.S. dollars per loss if the performance of any of Your Services involves the operation of an automobile or other motor vehicle. Notwithstanding the previous sentence, if you are approved by us to list optional coverage plans, you will maintain commercial general, umbrella, and/or excess liability insurance with limits of at least $10,000,000 U.S. dollars covering liabilities caused by or occurring in conjunction with the operation of your business, including products, products/completed operations and bodily injury, and naming Mav Farm and its assignees as additional insureds. In the event of a customer claim for damages in connection with Your Services, you will (y) authorize Mav Farm, its assignees, or designated representatives to file a claim for damages with your insurer on the customer's behalf; and (z) provide reasonable support or assistance to facilitate any such claim. You will document the existence of proper coverage in your Seller Central Account, and keep such documentation up-to-date. At our request, you will provide to us certificates of insurance for the coverage by email at firstname.lastname@example.org or c/o Mav Farm 1837 N La Brea, 12, Los Angeles, CA 90046, USA, Attention: Risk Management. For additional information about insurance requirements refer to Pro Merchant Insurance Requirements.
Fees. For more information about fees that apply to selling Your Services, see Pricing or search seller Help for "referral fees."