Sellcodes.com Terms of Use for Sellers

Last Updated:  August 7, 2017 (Version 1.0)

Introduction

1. Welcome: If you are coding, and want more money for your hard work, you’ve come to the right place! Sellcodes.com is the best marketplace for buying and selling (licensing) codes.
   
   
2. Scope: These terms lay out the terms which specifically apply to Sellers. As Sellers are also regular Members, the Sellcodes.com Terms of Use (“Terms”) also apply to you as Seller. In order to become a Seller, you need to agree to these specific terms for Sellers (you get asked to confirm once you set up your digital wallet). This means, all of the terms together include: our Terms (for all of our members and visitors to our website), these Seller Terms (for our members who sell on our site), our Referrer Terms (for our members who participate in our affiliate program), and our Privacy Policy.
   
   
3. Expressions: When we say ‘you’ in these terms we are referring to you as Seller. Other expressions we use in these terms have the same meaning as defined in the Terms.
   
   
4. Updates to the Sellers Terms. We expressively reserve the right to change these Sellers Terms from time to time without providing you with direct notice, although we will note the most recent version of each of our terms at the top of the Sellers Terms. This will help you keep track of the latest version of the Sellers Terms. By accessing our site, you acknowledge and agree that it is your responsibility to review this site and these Sellers Terms from time to time and to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgement of the modified Sellers Terms and agreement to abide and be bound by the modified Sellers Terms.
   

Selling your items

1. Licensing: Selling an item doesn’t mean you give up all ownership of it. It means that you allow the Buyers to use your codes within the scope of a certain license you’re selling your item under. See the FAQ on licenses to understand better which license types exist and what they allow Buyers to do with your codes.
   
   
2. Earning: When you sell an item, a share of the resulting revenues will be paid to your digital wallet, while the remaining part will be retained by us (as commission and EU VAT tax if applicable) and, in case of a referral, the referrer will also get a share. See the section on earnings below for more information about your earnings.
   
   
3. No exclusivity: Sellcodes does not require exclusivity, i.e. you can sell your codes on Sellcodes as well as on other platforms.
   
   
4. Price setting: You are free to set the price for which you want to sell your item, as long as it is within the range of 0.01 to 500.00 US Dollars (per item).

Quality Assurance

1. Quality control is your responsability: When you upload an item on Sellcodes, we don’t perform any quality checks on it. This allows you to offer your items much faster (no time-consuming review processes), and also allows us to charge you a significantly lower commission fee than other platforms, getting you maximum revenues.
   
   However, this also means that it is entirely your responsibility to ensure that the item meets all relevant quality standards, especially the minimum quality standards as outlined below.
   
   
2. Minimum quality standards: All items you upload and offer for sale must adhere to our minimum quality standards, which include:
   
   a.    You must have all the rights required to license the item as per the license type you’re selling it under.
   
   b.    The items (or use of them by the Buyer as per applicable license) must not infringe the intellectual property rights of somebody else in any way;
   
   c.    The item must be of acceptable quality;
   
   d.    The description you give to the item must be accurate;
   
   e.    The item and description are not misleading, fraudulent, defamatory, unlawful or outright false;
   
   f.    The item and description do not violate any other applicable laws or regulations (such as consumer protection, unfair competition, criminal law, governing export control, pornography, anti-discrimination, trade practices or fair trading);
   
   g.    The item does not contain viruses or otherwise malicious software;
   
   h.    In case you’ve given any additional promises to the Buyers in the description of the item you will honor them.
   
   
3. Indemnity and Limitations of Liability: Buyers should not be legally liable for use of the items you sold them. Therefore, you guarantee the Buyers of your items a legal protection (indemnity) for the use of your items, and you remain liable for them as defined in the Terms. Further, our liability to Buyers and Sellers is further limited pursuant to the Terms.
   
   
4. Use of information about your item: You may decide to make your items available for referral marketing (‘sharing’) by other users. For this purpose the users who promote your item are permitted to us the pictures and description text you uploaded for your item, without requiring your prior explicit consent; also, no monetary compensation or backlinks are required for such uses of your item’s information. The same applies if we decide to promote your item in any way.
   
   
5. Removing your item: We reserve the right to removing your item from Sellcodes at our own discretion. We aim to not make use of this right unless really required (it is in our best interest to have as many high-quality items on Sellcodes as possible), such as violations against these Terms of Use. Depending on the severity of the issues we will strive to inform you before we take down any item, so that the matter can be discussed and an agreement is reached. In severe cases however we may be forced to remove the item without noticing you first. We are not liable for any losses which may result from a removal of an item for you.
   

Your earnings

1. Earnings share: After every sale of one of your items, your digital wallet will be credited. The amount it will be credited with depends on:
   
   a.    If you decided to make your item available in the Sellcodes directory (and therefore available for referring), and
   
   b.    Who brought the client to your item’s offer page (you, we, or a referrer).
   
   The payout shares to your digital wallet are as follows (purchase price does not include VAT for EU member states): 
   
   Case A) “You brought the client”
   
   I.    95% of the purchase price if your item is not available in the Sellcodes directory (at time of purchase)  
   
   II.    95% of the purchase price if your item is available in the Sellcodes directory (at the time of purchase) and the buyer has clicked on a ‘seller link’ to the product he bought prior to purchase. The seller link is a link specifically generated for you as seller, which you can spread (place it on your website, social media etc.). You receive this link after set-up of a new item.
   
   The following cases only apply if you decided to make your item available in the Sellcodes directory (and therefore available for referring):
   
   Case B) “Sellcodes brought the client”
   
   III.    80% of the purchase price if the buyer discovered the item by browsing the Sellcodes directory, being defined as the buyer not having clicked on a seller link or referral link prior to purchase, and did not join Sellcodes as a result of a referral in the last 180 days.
   
   Case C) “Referrer brought the client”
   
   IV.    50% of the purchase price if the purchase came about due to a referral, being defined as the buyer not having clicked on a seller link to the purchased item and
   
   i.    The buyer having clicked on a referral link for the purchased item prior to purchase, or
   ii.    The buyer has joined Sellcodes as a result of a referral in the last 180 days.
   
   Also see our FAQ to learn about revenue splits.
   
   
2. Click-tracking and cookies: As per market standard, we use cookies to track the clicking of links. The cookies have a lifetime of 3 months. If a cookie cannot be set (for example if the user has cookies disabled in the browser) or if the cookie lifetime expired then the click is not tracked and will therefore not count.
   
   For example, for an item which is listed in the Sellcodes directory, if a user clicks on a referral link on Jan 1st 2017, and then comes back to Sellcodes 4 months later, on May 1st 2017, finds your item in the Sellcodes directory and purchases it (without having clicked on the referral link again), then you will receive 80% of the purchase price (opposed to only 50% due to the referral) as the cookie lifetime of the referral link has expired.
   
   
3. Wallet: Your earnings will be saved in your digital wallet, from where you can request payouts to your bank account. See the Terms.
   
   
4. Refunds & chargebacks (third parties): Buyers use their digital wallets to pay for items. Loading the wallet can be done by uploading money using third-party payment providers, such as Credit Card providers. Those third-party payment providers have their own rules regarding refunds and chargebacks which are beyond our reach of influence. If a third-party payment provider applies a refund or chargeback to a Buyer’s account who used the uploaded money to buy your item, then we reserve the right to deduct the respective amount from your wallet as well.
   
   
5. Refunds (you or us): As a Seller you have the option to refund the Buyer’s purchase at your discretion. In special cases we may also decide to issue a refund, especially if your item does not meet all the minimum quality standards (see the section on Quality Assurance above). In the case of a refund, the amount the Buyer paid for the purchased item gets deducted from your wallet.
   

Taxes and Invoices

1. Your responsibility: You are responsible for paying any taxes which may apply, with the exception of VAT in EU member states, which we charge, collect and submit on your behalf, see paragraph 19 below.
   
   
2. EU VAT: Purchases by Buyers located in an EU member state are subject to EU VAT (unless they are a company and have stated a valid EU VAT identification number). To make matters easy for you, we decided to perform the EU VAT collection and submission process for you. Buyers to which EU VAT applies will be automatically charged EU VAT upon check-out, and we will submit it to the relevant EU tax authorities on your behalf.
   
   
3. Sales Records: Our Sellers can download a summary of their sales records on their profile for a period of three (3) months.
   

Confidential information

1. Buyer’s personal information: When your item is purchased you may get access to the Buyer’s personal information, such as contact details. It is your obligation to treat this information highly confidentially and not share it with any third party.
   
   
2. Other Buyer information: A Buyer may provide you with other confidential information. You are obliged to treat this information highly confidentially and only use it for the purpose the Buyer provided it for you.
   
   
3. Troubleshooting and Additional Sellers Services: From time to time, a Seller may be approach by a Buyer with a request for the Seller to help the Buyer troubleshoot the integration of the Seller’s code. This is not a service that is provided for or compensated through Sellcodes.com. Weencourage our Sellers to provide excellent customer service, but all Sellers must ensure that when engaged in troubleshooting or other services for Buyers related to the license sold on Sellcodes.com that the Sellers must exercise caution and best practices when interacting with the Buyer and the Buyer’s system.  
   
   
4. Governing Law. These Seller Terms apply equally to and are for the benefit of Sellcodes.com, its subsidiaries, affiliates, and its third-party content providers and licensors, and any and all have the right to assert and/or enforce the contents of these terms directly. These Seller Terms are governed by the laws of the Republic of Malta and all disputes regarding this agreement will be adjudicated in the Republic of Malta. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.