The Marketplace Vendor Agreement is essential for businesses operating online marketplaces in Malaysia, where e-commerce has experienced significant growth and requires structured vendor relationships. This agreement is typically used when establishing new vendor relationships or updating terms with existing marketplace sellers. It covers crucial aspects such as commission structures, operational procedures, data protection, and compliance with Malaysian regulations including the Electronic Commerce Act 2006, Personal Data Protection Act 2010, and Consumer Protection Act 1999. The document provides comprehensive coverage of vendor obligations, platform rules, payment terms, and dispute resolution mechanisms, ensuring both marketplace operators and vendors have clear understanding of their rights and responsibilities. The agreement is designed to be compliant with Malaysian law while remaining flexible enough to accommodate various business models and product categories.
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1. Parties: Identification of the marketplace operator and vendor, including registration details and contact information
2. Background: Context of the agreement, nature of the marketplace, and general purpose of the relationship
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Scope of Services: Details of the marketplace services provided and vendor participation rights
5. Registration and Onboarding: Process and requirements for vendor registration and activation
6. Vendor Obligations: Core responsibilities of vendors including product listings, pricing, and service standards
7. Platform Rules and Policies: Operating rules, prohibited items, and marketplace policies
8. Fees and Payment Terms: Commission structure, payment processing, and settlement terms
9. Intellectual Property Rights: Ownership and usage rights of trademarks, content, and platform technology
10. Data Protection and Privacy: Obligations regarding personal data handling and privacy compliance
11. Term and Termination: Duration of agreement, renewal terms, and termination provisions
12. Representations and Warranties: Basic warranties regarding legal capacity, product quality, and service delivery
13. Liability and Indemnification: Limitation of liability and mutual indemnification obligations
14. Confidentiality: Protection of confidential information and trade secrets
15. Governing Law and Dispute Resolution: Choice of Malaysian law and dispute resolution mechanisms
1. Insurance Requirements: Specific insurance coverage requirements for vendors, relevant for high-value or regulated products
2. International Sales: Additional terms for cross-border sales and international shipping, if marketplace operates internationally
3. Logistics and Fulfillment: Terms for using marketplace's logistics services, if offered
4. Marketing and Promotion: Terms for participation in marketplace promotional activities and campaigns
5. API Integration: Technical requirements for API integration, if marketplace offers this capability
6. Marketplace Loyalty Program: Terms for participation in customer loyalty programs, if applicable
7. Special Product Categories: Additional requirements for regulated or restricted product categories
8. Service Level Agreements: Specific performance metrics and standards, if required for certain vendor categories
1. Schedule 1: Commission Structure: Detailed breakdown of commission rates by product category and transaction type
2. Schedule 2: Prohibited Items: Comprehensive list of prohibited and restricted items
3. Schedule 3: Technical Requirements: Technical specifications for product listings, images, and platform integration
4. Schedule 4: Service Level Requirements: Detailed performance metrics, response times, and quality standards
5. Schedule 5: Data Processing Requirements: Specific requirements for personal data handling and privacy compliance
6. Schedule 6: Operational Procedures: Step-by-step procedures for order processing, returns, and dispute resolution
7. Appendix A: Required Documentation: List of required vendor documents and certifications
8. Appendix B: Platform Rules: Detailed marketplace rules and policies that may be updated periodically
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