NativeMade

Legal

Seller Agreement

Last updated: June 3, 2026

This Seller Agreement ("Agreement") is between NativeMade ("NativeMade," "we," "us") and the individual artisan or artisan-owned business ("Seller," "you") who applies for and is approved to sell on the NativeMade marketplace. It supplements — and is incorporated into — the Terms of Service. Capitalized terms not defined here have the meaning given in the Terms.

1. Eligibility & Verification

NativeMade is a marketplace exclusively for verified Native American artisans. To sell, you represent and warrant that:

  • You are an enrolled member of a U.S. federally and/or state-recognized tribe or a certified Indian artisan as defined by the Indian Arts and Crafts Act of 1990 (25 U.S.C. § 305 et seq.).
  • All tribal affiliation, lineage, and cultural attributions you provide are accurate and truthful.
  • You will provide reasonable documentation (enrollment number, tribal ID, artisan certification, or equivalent) when requested for verification, and you authorize NativeMade — or a verification partner such as NativeVerify — to review that documentation.
  • You are at least 18 years old and able to enter binding contracts.

NativeMade reserves the right to approve, suspend, or revoke seller status at its sole discretion, including for material misrepresentation of tribal affiliation or origin.

2. Authenticity of Listings

You represent and warrant that every item you list is:

  • Personally handmade or directly produced by you (or your immediate studio under your direction);
  • Accurately described in materials, technique, dimensions, and tribal or cultural attribution;
  • Free of false claims of Native American origin in violation of the Indian Arts and Crafts Act.

Misrepresentation is a material breach of this Agreement and may be reported to the Indian Arts and Crafts Board and other authorities.

3. Prohibited Items

You may not list sacred or ceremonial objects, human remains, eagle feathers or migratory bird parts, items containing protected wildlife (e.g. under the Bald and Golden Eagle Protection Act, Migratory Bird Treaty Act, or Endangered Species Act), items regulated by NAGPRA (Native American Graves Protection and Repatriation Act), or any other item NativeMade designates as prohibited. NativeMade uses both automated AI review and manual moderation; vague or borderline listings may be edited with a clarifying rider note, and clear violations will be removed and may result in account suspension.

4. Marine Mammal Products & U.S. Fish & Wildlife Service Compliance

NativeMade permits the listing of certain wildlife‑derived items only when fully compliant with the Marine Mammal Protection Act (MMPA), U.S. Fish & Wildlife Service (USFWS) regulations, and all other applicable federal laws, including the Endangered Species Act (ESA), Migratory Bird Treaty Act (MBTA), Bald and Golden Eagle Protection Act (BGEPA), the Lacey Act, and CITES. By listing any item that contains animal parts—including but not limited to marine mammal materials—you represent and warrant the following:

MMPA Eligibility & Lawful Take

If the item contains, is derived from, or is represented as containing marine mammal parts (such as whale baleen or bone, walrus ivory or bone, seal skin or fur, sea otter fur, polar bear fur or claws, or sea lion parts), you affirm that:

  • You are an Alaska Native (Indian, Aleut, or Eskimo) as defined by the MMPA and reside in Alaska.
  • The marine mammal was lawfully taken for subsistence or for the creation of authentic Native handicrafts, and the take was not wasteful.
  • The species or stock was not taken in a manner inconsistent with MMPA restrictions on depleted species.
  • All required federal marking, tagging, and reporting requirements were followed (e.g., sea otter tagging under 50 C.F.R. Part 18).

Authentic Native Handicraft Requirements

For items containing marine mammal parts or other wildlife materials where USFWS guidance applies, you affirm that the item qualifies as an authentic Native article of handicraft or clothing. This means it was produced, decorated, or fashioned by you using traditional Native handicraft techniques—such as weaving, carving, stitching, sewing, lacing, beading, drawing, or painting—and is “significantly altered” from its natural form. Mass‑production tools (pantographs, multiple‑carver systems, or other copying devices) may not be used.

Compliance With ESA, MBTA, BGEPA, and Other Wildlife Laws

You affirm that the item does not contain parts of species protected under the ESA, MBTA, or BGEPA unless a specific statutory exemption applies to you and to the particular item. Items containing eagle feathers, eagle parts, or migratory bird parts are prohibited unless explicitly authorized by law.

CITES Requirements

For any item involving a CITES‑listed species, you affirm that you possess all required permits and will not export the item without those permits. NativeMade does not issue or facilitate CITES export documentation.

Shipping Restrictions

  • You agree not to ship any wildlife‑derived item—including marine mammal handicrafts—to the following states: California, Hawaii, New Jersey, New York, Oregon, and Washington.
  • Although federal law may allow such items to be sold nationwide, NativeMade avoids policies that conflict with individual state restrictions.
  • You also agree not to ship any such items internationally, as NativeMade does not process or support the permits required for lawful export.

Prohibited Items

Raw, unaltered marine mammal parts (such as raw ivory, unworked bone, or unprocessed hides) and any item that does not qualify as an authentic Native article of handicraft or clothing under the MMPA may not be listed on NativeMade, regardless of seller status.

Documentation & Enforcement

  • NativeMade may require proof of Alaska Native residency, lawful take, tagging compliance, or permit status before approving a listing.
  • Any listing for which compliance cannot be reasonably established may be removed.
  • Suspected violations may be reported to USFWS, NOAA Office of Law Enforcement, the Indian Arts and Crafts Board, or other appropriate authorities.

5. Fulfillment, Shipping & Customer Service

  • You are the merchant of record for items you sell and are responsible for fulfillment, packaging, shipping, tracking, and post-sale customer service.
  • Orders must be shipped within the handling time stated on the listing (default 5 business days) using a tracked service.
  • You will respond to buyer messages within 2 business days through the in-platform messaging system.
  • Returns and refunds are governed by the Returns & Refunds Policy. Sellers may set stricter return windows on individual listings only within the bounds NativeMade allows.

6. Pricing, Inventory & Taxes

  • You set your own prices in U.S. dollars.
  • You are responsible for keeping inventory accurate. Items marked sold-out cannot be purchased; inventory is automatically decremented when an order is paid.
  • Stripe Tax calculates sales tax at checkout. You are solely responsible for registering with, collecting from, and remitting taxes to the applicable taxing authorities, including federal, state, tribal, and local jurisdictions.
  • You are responsible for reporting income earned through NativeMade to the IRS and any other applicable tax authority.

7. Fees & Payouts

NativeMade charges a marketplace fee disclosed during onboarding and may adjust the fee with at least 30 days' notice. Payouts are processed through Stripe Connect (Express accounts). To receive payouts, you must complete Stripe's onboarding, connect a valid bank account, and keep your identity, tax, and banking information current. Your net proceeds (gross sale minus marketplace fee, payment processing fee, refunds, and any chargebacks) are transferred to your connected Stripe account on the schedule Stripe applies to your account.

8. Risk, Reserves & Account Actions

NativeMade is the platform of record for payments processed through Stripe Connect and is ultimately liable to Stripe for losses on connected seller accounts, including negative balances, chargebacks, refunds, and fraud. To manage this risk:

  • Reserves & holds. NativeMade and/or Stripe may hold a rolling reserve or delay a payout when a seller's account shows elevated risk (for example, unusually high refund or chargeback rates, disputed orders, suspected fraud, or unresolved compliance issues). Reserves are released once the risk has been resolved.
  • Account actions. NativeMade may pause listings, suspend payouts, or restrict your account to prevent or mitigate losses. We will notify you when your account is actioned for risk or fraud reasons and explain what is required to return the account to good standing.
  • Remediation information. You agree to promptly provide any additional information NativeMade or Stripe requests to verify your identity, business, banking details, or transactions, including information collected through Stripe-hosted or embedded onboarding components.
  • Restricted businesses & products. You may not use NativeMade to sell items or operate a business that falls within Stripe's list of restricted businesses (stripe.com/legal/restricted-businesses) or that violates NativeMade's prohibited-items rules in Sections 3 and 4. NativeMade reviews sellers and listings on an ongoing basis and may remove listings or close accounts that fall within a restricted category.
  • Negative balances. If your connected account carries a negative balance (for example, refunds or chargebacks exceeding available funds), you remain responsible for repaying that balance. NativeMade may offset amounts owed against future payouts or invoice you directly.

9. Intellectual Property & License

You retain all rights to your work, photos, and shop content. You grant NativeMade a worldwide, non-exclusive, royalty-free license to host, display, reproduce, and promote your listings, shop name, and shop imagery for the purpose of operating and marketing the marketplace. This license ends a reasonable time after your listings or account are removed, except as needed for legal records and historical order data.

10. Cultural Stewardship

NativeMade exists to support Native American artisans and to protect the integrity of Native art. You agree to engage respectfully with the community, avoid commodifying sacred symbols or ceremonies, and credit collaborators where appropriate.

11. Suspension & Termination

NativeMade may suspend or terminate your seller account at any time for breach of this Agreement, the Terms, or to protect the integrity of the marketplace. You may close your shop at any time from your seller dashboard; open orders must be fulfilled or refunded before closure is complete.

12. Indemnification

You agree to defend, indemnify, and hold harmless NativeMade and its officers, employees, and agents from any claim, loss, or liability arising from (a) items you list or sell, (b) your misrepresentation of tribal affiliation, origin, or authenticity, (c) your violation of any law or third-party right, or (d) your breach of this Agreement.

13. Disclaimers & Limitation of Liability

The marketplace is provided "as is." To the maximum extent permitted by law, NativeMade's aggregate liability to you under this Agreement shall not exceed the greater of $100 or the marketplace fees you paid to NativeMade in the 12 months preceding the claim.

14. Changes to This Agreement

We may update this Agreement from time to time. Material changes will be announced via email or in-app notice at least 14 days before taking effect. Continued use of seller features after the effective date constitutes acceptance.

15. Governing Law

This Agreement is governed by the laws of the State of Oregon, without regard to its conflict-of-law principles. Disputes shall be resolved in the state or federal courts located in Washington County, Oregon.

16. Contact

Questions about this Agreement? Email sellers@nativemademarket.com.