SeatMerch Venue Partner Agreement
By submitting your application you (the "Venue") agree to the following terms with SeatMerch, LLC ("SeatMerch"). These terms govern the Venue's participation as a SeatMerch onboarding partner and as a merchant of Venue-branded merchandise on the SeatMerch platform.
1. Venue Storefront
SeatMerch grants the Venue a non-exclusive license to operate a SeatMerch-hosted storefront featuring the Venue's name, logo, branding, and approved artwork. The Venue may upload designs, list merchandise produced through SeatMerch's print-on-demand vendors, post upcoming shows, and capture fans through the platform.
2. Artist Onboarding & Referral Royalty
When the Venue refers an artist that is approved by SeatMerch, SeatMerch will pay the Venue a tiered referral royalty on Gross Sales attributable to that artist: 3% of Gross Sales for the first 24 months from the artist's approval date, then 1% of Gross Sales for the following 120 months. The royalty is paid out of SeatMerch's share and does not reduce the artist's earnings. "Gross Sales" means the total customer-paid product price, excluding shipping charged to customers, taxes, refunds, and chargebacks. SeatMerch may adjust the percents or durations for individual artists by mutual written agreement (recorded in the admin tools).
3. Venue Merchandise
Venue-owned merchandise is treated like artist merchandise: SeatMerch retains its standard platform royalty on Gross Sales of Venue merch, and after deducting documented hard costs (production, blanks, fulfillment/shipping, payment processing) the remainder belongs to the Venue. "Gross Sales" excludes shipping charged to customers, taxes, refunds, and chargebacks.
4. Ownership, Rights & Indemnity
The Venue retains ownership of its trademarks and uploaded artwork. The Venue represents and warrants that (a) it owns or has all necessary rights in its trademarks and artwork, (b) those materials do not infringe any third party's rights, and (c) the signer has authority to enter into this agreement on behalf of the Venue. The Venue will indemnify and hold SeatMerch harmless from any third-party claim arising from these materials or representations.
5. Payments
Venue earnings — both referral royalties and Venue-merch profits — accrue at order capture and are paid out monthly for the prior calendar month, provided the accumulated balance is at least USD $25. Payments are made via the payout method on file. The Venue is responsible for keeping payout details current and for all taxes on income received.
6. Production, Quality & Returns
SeatMerch and its print-on-demand vendors handle production, quality control, packing, shipping, customer service, and returns for all merchandise sold through the platform. SeatMerch may modify base products, blanks, suppliers, and pricing at any time. Customer-issued refunds and chargebacks reduce the corresponding royalty / earnings.
7. Approvals & Content Standards
All Venue-submitted designs and Venue-referred artists are subject to SeatMerch review for legal, technical, and content standards. SeatMerch may reject or require changes to any design, product, listing, or referral, including content that is unlawful, defamatory, hateful, sexually explicit, or that infringes a third party's rights. Approval of one design or referral does not guarantee approval of future submissions.
8. Marketing & Promotion
The Venue grants SeatMerch the right to use the Venue's name, logo, photos, and product mockups to market the Venue's storefront and SeatMerch generally. The Venue may opt out of general SeatMerch promotional use upon written request.
9. Data & Fan Information
Customer order data is owned by SeatMerch as the merchant of record. Fans who explicitly opt in to the Venue's mailing list at checkout or on the Venue's storefront are shared with the Venue for the Venue's direct marketing use, subject to applicable privacy law (CAN-SPAM, GDPR, CCPA, etc.). The Venue agrees to honor unsubscribe requests promptly.
10. Term & Termination
Either party may terminate this agreement on 30 days' written notice. SeatMerch may continue to fulfill orders placed before termination and during a 30-day sell-off period. Referral royalties accrued before termination will continue to be paid for the remaining royalty term unless the Venue is terminated for cause (e.g. breach of representations).
11. Disclaimers, Liability & General
The SeatMerch platform is provided "as is." To the maximum extent permitted by law, SeatMerch's aggregate liability arising out of or related to this agreement will not exceed the total payouts made to the Venue in the 12 months preceding the claim. Neither party is liable for indirect, incidental, consequential, or punitive damages. This agreement is governed by Tennessee law; disputes resolve in Davidson County, Tennessee. Nothing here creates an employment, partnership, or joint-venture relationship.