Vendor & Creator Agreement
Art Is Yummy, Llc
d/b/a The Sensory World
Vendor & Creator Agreement
Terms for selling on the Marketplace Station
Effective Date: [TO BE FILLED IN]
Version 2.0 | Draft for Attorney Review
© Art Is Yummy, LLC. All rights reserved.
- Scope and Acceptance
This Vendor & Creator Agreement ("Vendor Agreement") governs the terms under which you ("Vendor," "Creator," "Seller") may list, sell, and distribute goods, services, and digital content through the Marketplace Station of the AIY Creative Operating System operated by Art Is Yummy, LLC ("AIY").
This Vendor Agreement supplements the Terms of Service. By listing any item, you agree to both. In a conflict, this Vendor Agreement controls for Marketplace-specific matters.
- Eligibility
You must be at least 18 years old, have a verified Platform account in good standing, provide accurate identification information, and comply with all applicable laws. Business entities must provide valid entity documentation.
- Permitted Listings
3.1 Approved Categories
Digital Artifacts: songs, images, videos, 3D models, cover art, creative works
Prompt Packs: curated AI prompt collections
Plugins and Tools: developer-created extensions for the AIY OS
Templates: creative templates for station use
Identity Items: skins, themes, frames, rank cosmetics
Physical Goods: merchandise, collectibles, figurines, art, apparel
Services: custom commissions, creative collaborations
Access: paid content, event entries, exclusive features
3.2 Prohibited Listings
Content infringing third-party intellectual property
Offensive, hateful, sexually explicit, or illegal content
Weapons, drugs, regulated substances, or items illegal in the United States
Counterfeit goods or unauthorized replicas
Content misrepresenting its nature, origin, or AI-generated status
Listings designed to manipulate the economy system
Personal data, credentials, or unauthorized access tools
Stolen, found, or misappropriated content
Violations result in listing removal and potential Vendor privilege revocation without notice.
- AI Disclosure Requirements
If your listing contains content that was created with, substantially assisted by, or generated by AI tools (whether AIY's Synapse tools or external AI), you must disclose this clearly in the listing description. Failure to disclose AI involvement is grounds for listing removal and may result in Vendor privilege suspension.
- Fees and Commission
Transaction Type
Commission
Notes
Digital Artifacts and Content
[Business Decision Required]%
Deducted at point of sale
Physical Goods
[Business Decision Required]%
Excludes shipping costs
Plugins and Tools
[Business Decision Required]%
Revenue share model
Services and Commissions
[Business Decision Required]%
On total transaction value
Commission rates may change with 30 days' notice. New rates apply only to transactions after the effective date.
5.2 Payment Processing Fees
Third-party payment processing fees are deducted from Vendor proceeds. AIY does not control these fees.
5.3 Commission Disputes
If you believe a commission was calculated incorrectly, submit a dispute to [TO BE FILLED IN: marketplace@artisyummy.com] within 30 days of the transaction. Include the transaction ID and basis for dispute. We will respond within 10 business days.
- Payouts
Schedule: [BUSINESS DECISION REQUIRED: weekly/biweekly/monthly]
Minimum: $[BUSINESS DECISION REQUIRED] accrued before payout
Methods: ACH, PayPal, or other methods as available
Hold Period: funds held for [BUSINESS DECISION REQUIRED] days after sale to cover refund/dispute windows
Tax Documentation: W-9 (U.S.) or W-8BEN (international) required before first payout above IRS reporting thresholds. Vendors above threshold receive Form 1099-K.
- Vendor Obligations
Maintain accurate, honest, and complete listing descriptions
Clearly disclose AI-assisted content per Section 4
Fulfill physical goods orders within timelines stated in listings
Respond to buyer inquiries within 48 hours
Comply with all applicable consumer protection, tax, and commerce laws
Maintain required business licenses or permits
Report and remit all applicable taxes on Marketplace income
Maintain appropriate insurance for physical goods [BUSINESS DECISION REQUIRED: specify minimum or recommend]
Not engage in price manipulation, fake reviews, shill bidding, or deceptive practices
Comply with our Community Guidelines in all Marketplace interactions
7.1 Fulfillment SLA
For physical goods: ship within [BUSINESS DECISION REQUIRED: 3-5] business days of order or within the timeline stated in the listing, whichever is shorter. For digital goods: deliver immediately upon purchase. Failure to meet fulfillment obligations may result in account review, forced refunds, and Vendor privilege suspension.
- Intellectual Property
You represent and warrant that you own or have all necessary rights to sell each listed item. You retain ownership of your IP. By listing, you grant AIY a non-exclusive license to display, promote, and distribute your listings within the Platform and in marketing materials.
Repeat IP infringement results in permanent Vendor privilege revocation per our DMCA Takedown Policy.
- Vendor Indemnification
You agree to indemnify, defend, and hold harmless Art Is Yummy, LLC, its members, officers, employees, and agents from any claims, damages, costs, and expenses (including attorneys' fees) arising from: (a) your listings or sales; (b) your products or services; (c) your violation of this Agreement or any law; (d) any IP infringement claims related to your content; (e) any personal injury or property damage arising from physical goods you sell.
- Disputes Between Buyers and Vendors
Parties should attempt direct resolution. If unsuccessful, AIY may mediate at its discretion. AIY's mediation determination is final. AIY reserves the right to issue refunds and debit Vendor accounts for non-delivery, material misrepresentation, or policy violation.
- Vendor Data Handling
When you receive buyer information (shipping address, name, email) to fulfill orders, you agree to: use this data solely for order fulfillment, comply with applicable privacy laws, not add buyers to marketing lists without separate consent, and delete buyer data within 90 days of order completion (unless required for tax or legal compliance).
- Termination
We may suspend or terminate Vendor privileges for any violation. Upon termination: active listings are removed immediately; pending payouts for cleared transactions are processed within 30 days; disputed/uncleared funds may be held for up to 180 days; and you remain liable for all obligations under completed transactions.
- Limitation of Liability
AIY provides the Marketplace as a venue. AIY is not a party to transactions. The limitations of liability in the Terms of Service apply to this Agreement.
- Governing Law
Governed by the laws of [TO BE CONFIRMED BY COUNSEL: state], consistent with the Terms of Service.
- Contact
Vendor inquiries: [TO BE FILLED IN: marketplace@artisyummy.com]