Seller Agreement

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 recognized tribe, a 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. 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.

5. 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.

6. Fees & Payouts

NativeMade charges a marketplace fee disclosed during onboarding and may adjust the fee with at least 30 days' notice. During the initial trial period, payouts are handled manually off-platform: NativeMade reconciles orders and disburses your net proceeds (gross sale minus marketplace fee, payment processing fee, refunds, and any applicable chargebacks) on a scheduled cadence communicated at onboarding. Future integration with Stripe Connect or a similar payout system may replace this process; you will be given notice and the option to onboard before any change.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

12. 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.

13. Governing Law

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

14. Contact

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