Faire+ Program TOS - CAN

Faire+ Program Terms & Conditions

Effective: April [·], 2026

By participating in the Faire+ Program as further described below (the “Program”) you are agreeing to these Faire+ Terms & Conditions (“Program Terms”).

1. Program Overview.

   1. This Program enables select larger enterprise retailers (“Enterprise Retailers”) to purchase certain products in a streamlined manner through Faire’s wholesale online marketplace (the “Faire Marketplace”) from participating Brands, including yours. The Program provides you with access to the Faire Marketplace, where you can communicate directly with Enterprise Retailers, manage your orders and product catalog, track fulfillment and payouts, and leverage tools for marketing and analytics through a central platform.

   2. To participate in the Program, you must meet and maintain the requirements for Faire+.

   3. To facilitate larger orders with such Enterprise Retailers, you agree that Faire may create invoices on your behalf to fulfill the Enterprise Retailers’ orders.

2. Terms Imposed by Enterprise Retailers.

   1. You acknowledge that an Enterprise Retailer may impose additional contractual requirements with which you must comply in order to make your goods available to such Enterprise Retailer (the “Enterprise Retailer-Specific Terms”), including but not limited to certain representations or warranties with respect to the products you offer on the Faire Marketplace. Some, but not all, Enterprise Retailers will require Enterprise Retailer-Specific Terms. Where applicable, Faire will notify you in the Brand Portal or via email (to the email address associated with your account) when an Enterprise Retailer who participates in this Program orders products from your Brand and such Enterprise Retailer requires that product orders be subject to Enterprise Retailer-Specific Terms. If you fulfill the applicable order from the Enterprise Retailer, you will be deemed to have accepted the Enterprise Retailer-Specific Terms. If you do not agree with or accept such Enterprise Retailer-Specific Terms, you must indicate your non-acceptance by declining the product order in the Brand Portal, and you should not accept product orders from the applicable Enterprise Retailer.

   2. Any terms imposed by an Enterprise Retailer and communicated to you are expressly incorporated by reference into these Program Terms. For clarity, your obligation to indemnify Faire pursuant to Section 16 of the Faire Brand Terms shall apply with full force and effect with regard to your obligations pursuant to any applicable Enterprise Retailer-Specific Terms.

   3. Nothing herein (including in the Enterprise Retailer-Specific Terms) increases Faire’s liability with respect to the products, or changes Faire’s position as a marketplace provider. For clarity, you, as the seller of the products, are solely responsible for the product, and Faire disclaims all responsibility therefore.

3. Fees. By accepting these Program Terms, and the Faire Brand Terms of Service (“Faire Brand Terms”) incorporated herein by reference, you acknowledge and agree to the Commissions (as defined in the Faire Brand Terms), fees (including Payment Processing Fees (as defined in the Faire Brand Terms)), calculations, other identified costs, and payout schedules set forth in the Faire Brand Terms. Visit the Faire pricing page and Faire Brand Terms for more information.
   
   

4. Insurance.

   1. In addition to any additional insurance terms set forth in the Enterprise Retailer-Specific Terms, for the duration of the Program Terms, you shall carry the following: Commercial general liability insurance and, if applicable, worker’s compensation insurance as required by law, together with employer’s liability insurance coverage. You shall furnish a certificate of insurance evidencing the commercial general liability insurance policy limits, including coverage for bodily injury, death, property damage, premises liability, completed operations/products and contractual liability, not less than One Million Dollars ($1,000,000) combined single limit per occurrence for bodily injury, death and property damage liability and Two Million Dollars ($2,000,000) in the aggregate.

   2. All policies shall be written by reputable insurance companies authorized to do business in states in which they operate and a Best’s policyholder rating of not less than A VII and except for the workers compensation insurance shall list “Faire Wholesale, Inc., its subsidiaries, and affiliated entities” as an additional insured. Such insurance shall be primary and non-contributing to any insurance maintained or obtained by Faire and the applicable Enterprise Retailer(s) and all such insurance shall not be canceled or materially reduced without thirty (30) days prior written notice to Faire and the applicable Enterprise Retailer.

   3. Amounts are in US Dollars or local currency equivalents.

   4. In no event shall the limits of any policy be considered as limiting your liability under these Program Terms or the Faire TOS.

5. Indemnity. Without limiting the indemnity obligations set forth in the Faire TOS, Brand agrees to defend, indemnify, and hold Faire, and its parent, subsidiaries, affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers and third party content providers, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal and accounting fees) made by any Enterprise Retailer due to or arising out of Brand’s violation of these Program Terms, any Enterprise Retailer-Specific Terms, and/or any law or the rights of a third party, and/or Brand’s participation in the Program.

6. Term & Termination

   1. Your enrollment in this Program shall continue for a period of one (1) year (the “Initial Term”), after which date it automatically renews for additional periods of one (1) year each (each, a “Renewal Term” and together with the Initial Term, the “Term”) unless we notify you via email (to the email address associated with your account) of our intent to terminate these Program Terms, or you submit a support ticket via the Brand Portal cancelling your subscription.

   2. Without limiting any rights or remedies Faire may have at law or in equity, Faire may terminate these Program Terms and your participation in the Program, at any time in its sole discretion, without advanced notice, for convenience or in the event of your failure to comply with the Faire TOS or these Program Terms.

   3. Faire also reserves the right to modify or cancel this Program or these Program Terms, at any time in its sole discretion, without advance notice. If Faire modifies these Program Terms and the modified Program Terms are not acceptable to you, your only recourse is to cancel your enrollment and opt out of the Program, in accordance with the conditions prescribed in these Program Terms.

   4. If Faire cancels or discontinues this Program or terminates your participation in the Program, all Program benefits will cease.

7. General. In addition to these Program Terms, your participation in the Program is subject to the Faire Terms of Service (“Faire TOS”), including without limitation the Faire Brand Terms and the Faire Privacy Policy. The terms “you” and “your” refer to the participating Brand. Capitalized terms not defined in these Program Terms have the meanings given in the Faire TOS. You hereby confirm that you have requested that these Program Terms and all related documents be drafted in English, that you have been provided with a French language version of these Program Terms and that you have agreed to be bound by the English language version of these Program Terms. Vous confirmez par la présente que vous avez demandé que les présentes Conditions du programme et tous les documents leur étant afférents soient rédigés en anglais, que vous avez reçu une version française des présentes Conditions du programme et que vous avez accepté d’être lié par la version anglaise des présentes Conditions du programme.
   

8. Contact Us. If you have any questions about these Program Terms, please contact Faire at:
   Faire Wholesale, Inc.
   100 Potrero Ave
   San Francisco, CA 94103
   USA
   Contact us