Vendor Terms & Conditions

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://thumbsource.com website (the “Service”) operated by Thumbsource (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms and conditions of this Contract Agreement then you can not become a vendor seller on Thumbsource.com.

E-COMMERCE VENDOR SELLER CONTRACT AGREEMENT: The “Vendor” agrees to adhere to the following Terms and Conditions of this Contract Agreement as followed while selling and distributing products/goods through Thumbsource’s E-Commerce business on the internet. The Term of this Contract Agreement begins on the Effective Date of this Contract Agreement and continues until either: (1) Thumbsource or the Vendor terminates this Contract Agreement upon thirty (30) days written notice to the other; or (2) Vendor ceases selling products through Thumbsource’s E-Commerce business. If terminated by either Party, the Contract Agreement will continue to govern the sale of Vendor products purchased for E-Commerce prior to termination until such products are sold, returned, or removed from inventory so that no inventory of such products remains. The purpose of this Contract Agreement is to provide qualifying vendors with the opportunity to sell products through Thumbsource’s E-Commerce business. This Contract Agreement supplements any other agreements governing the buying and selling of products between Thumbsource and the Vendor, including any vendor buying agreements and/or purchase orders. MNS Business Corp. owns Thumbsource located at the following URL: https://www.thumbsource.com hereinafter and has many registered vendors and users to whom Thumbsource offers various services of products and goods for sale. Vendor will set-up an online account/store on Thumbsource’s E-Commerce online website and has offered to sell its products and goods through the said online website. Thumbsource has agreed to create and/or allow the Vendor to set-up their said online account/store and must abide and adhere to the terms and conditions of the “Thumbsource E-Commerce Vendor Seller Contract Agreement”. For purposes of this Contract Agreement, E-Commerce means sales of products by Thumbsource to its retail customers via the Internet, Thumbsources’s websites, or any online system or computer network. E-Commerce also includes any related business and marketing activities supporting such sales.

VENDOR FEES, RESPONSIBILITIES & RATES: The Vendor agrees to pay Thumbsource the following service charge and commission on products sold through the Vendor’s E-Commerce online store (Vendor Store) as followed through the (2) available optional Membership Plans under the website pages “My Account” or “Vendor Login & Registration” and choose “Become a Vendor” to sign-up as a Store Vendor on Thumbsource.com.  For the Vendor Plus Membership Plan, Vendor pays a total of 13% commission (paid to Thumbsource E-Commerce online store) which includes the Seller Fee of 10% and also includes the Credit Card Processing Fee of 3% which will all be subtracted from the total sale of the product(s) sold by the Vendor before any discounting coupons, taxes and fees are applied to the product(s) at checkout. For the Vendor Business Membership Plan, Vendor pays 13% commission (paid to Thumbsource E-Commerce online store) which includes the Seller Fee of 10% and also includes the Credit Card Processing Fee of 3% which will all be subtracted from the total sale of the product(s) sold by the Vendor before any discounting coupons, taxes and fees are applied to the product(s) at checkout. If the Vendor chooses the Vendor Business Membership Plan option (Vendor Business), then the Vendor is subject to pay a regular Monthly Membership Fee listed on the Vendor Membership page billed every 28 days to the Vendor’s Bank Account, Pay Pal Account or Credit/Debit Card on file with Thumbsource. The regular Monthly Membership Fee may also be discounted by Thumbsource if authorized and noted on the Vendor Membership page for the specified time set forth by Thumbsource.com. The Monthly Fee for the regular Monthly Membership for Vendor Business is listed on the Vendor Membership plan and can be changed without prior notice to the Vendor.  Thumbsource.com does not charge Vendors any Listing or Posting Fees to post up or list product(s) on their Thumbsource online store. Thumbsouce also does not charge Vendors any Joining Now or Sign-Up Fees to become a Store Vendor on Thumbsource.com. Vendors are only responsible for Vendor Seller Fees and Credit Card Processing Fees on the product(s) they sell on Thumbsource.com. Vendors are responsible for posting their own product images, content, pictures and videos of their product(s). Vendors are responsible for packaging and shipping out their product(s) to customers using Thumbsource.com shipping labels provided through the E-Commerce online store by the shipping due date (processing date set-up by the Vendor) and should be shipped out to the customer in a reasonable time frame (within 72 hours of the order date if product(s) are immediately available by the Vendor or up to 7 calendar days for customized orders). Vendor agrees to bear all the applicable taxes duties, or other similar payments arising out of the sales transaction of the product through the online page and Thumbsource shall not be responsible to collect, report, or remit any taxes arising from any product transaction. The Vendor shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Local, State and Federal Taxes, etc. of the state the Vendor’s E-Commerce online store is located. Vendor/Seller Commission, Prices, Fees & Rates charged by Thumbsource are subject to change without notice.

USE OF PAYPAL MERCHANT SERVICES: Vendor agrees to accept commission payments and withdrawals from Thumbsource.com through PayPal Merchant Services. All payments and withdrawals paid to the Vendor will be done through PayPal Merchant Services. Vendor has to set-up a PayPal Account (Free) if Vendor does not already have a PayPal Account and accept their terms and conditions when using their services.

VENDOR PRODUCTS: Vendor shall through the E-Commerce online store provided by Thumbsource, upload the product description, images, disclaimer, price, and such other details for the products to be displayed and offered for sale through the said online page.

QUALITY OF PRODUCTS: Vendor shall be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through their online page. Vendor shall provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision before purchasing. The Vendor shall dispatch the Products of the same description, quality, and quantity and price as are described and displayed on the online page and for which the customer has placed the order.

PROHIBITED PRODUCTS: Vendor shall ensure not to upload any description/image/text/graphic that is unlawful, illegal, objectionable, obscene, vulgar, opposed to public policy, prohibited, or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party. Vendor shall ensure to upload the product description and image only for the product which is offered for sale through the online page. Vendor not offer any products for sale on the E-Commerce online store which are prohibited for sale, dangerous, against the public policy, banned, unlawful, and illegal or prohibited under U.S. Laws.

VENDOR PRODUCT OWNERSHIP: The Vendor hereby agrees, confirms and acknowledges that the Product is owned by the Vendor and that Thumbsource is merely a facilitator for sale of the Vendor’s Product on Thumbsource’s E-Commerce online website. Based on “Thumbsource E-Commerce Vendor Seller Agreement”, it is agreed by and between the parties hereto that the Vendor shall put up for sale its Products on the said online store, subject to the terms and conditions hereinafter contained. Vendor represents and warrants that: (1) it has the power to authorize the sale and/or display of its products online and as part of Thumbsource’s E-Commerce business; (2) all product information, data, images, and/or intellectual property provided by the Vendor to Thumbsource for its E-Commerce business (a) complies with all applicable laws; (b) are accurate and that all claims contained therein have been substantiated; and (c) have been cleared for the uses contemplated hereunder; and (3) it has secured any and all clearances, permissions, approvals, authorizations, rights, and licenses necessary for the use or display of all Vendor product information, data, images, and/or intellectual property provided to Thumbsource as part of its E-Commerce business.

ASSIGNMENT OF AGREEMENT: Either Party may assign this Agreement to a present or future parent, subsidiary, or affiliated entity, including a future successor or party acquiring all or part of the Party’s business. All other assignments, transfers, or delegations require the written consent of both Parties. Any attempted assignment or transfer in contravention of this Section shall be void.

RELATIONSHIP OF PARTIES: Noting in this Agreement will be construed as creating a relationship of partnership, joint venture, agency, or employment between the Parties. Thumbsource shall not be responsible for the acts or omissions of the Vendor, and Vendor shall not represent neither has, any power or authority to speak for, represent, bind or assume any obligation on behalf of Thumbsource.

PROPERTY RIGHTS: Vendor acknowledges and agrees that all patents, designs, trade names, trademarks, copyrights, trade secrets, or other intellectual property owned or controlled by Thumbsource shall be and remain the sole property of Thumbsource. It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark/logos on the publicity, advertising, It is expressly agreed and clarified that, except as specified agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark/logos on the publicity, advertising, promotional or other material in relation to the Services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks and/or logos.

CUSTOMER DISPUTES: In the event any order is reversed due to “Damaged product”, “Quality Issue”, “Not delivered” or “Wrong Item delivered, Thumbsource will work with the Vendor and Customer to put in their individual disputes. This process should take no more than 7 business days to resolve. correct or refund the customer for the products they purchase on the Vendor’s online store. Both the Vendor and the Customer will receive communications via email from Thumbsource about the dispute process along with any updates or evidence presented to defend or dispute the findings. If a solution and agreement to the reversed product can be reached between the Vendor and the Customer, then Thumbsource will conclude the investigation and close the case. If no solution or agreement can be reached, then the Vendor shall refund the Customer the amounts of the product they paid for including shipping, fees, and taxes minus any product discounts credited to the original transaction. Vendor shall be solely responsible for any disputes, claims, damages or allegations raised by the customer in regards to Products offered for sale on the Vendor’s online store (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold Thumbsource harmless and indemnified against all such claims and damages.

LIMITATION OF LIABILITY: Under no circumstances, except in case of breach of contract, will either party be liable to the other party for lost profits, or for any indirect, incidental, consequential, special or exemplary damages arising from the subject matter of this Agreement, regardless of the type of claim and even if that party has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the aggrieved party to have been deliberately caused by the other party.

THUMBSOURCE LIMITATIONS AND RESPONSIBILITIES: Thumbsource on the basis of representation by the Vendor has created the online page of the Vendor on Thumbsource’s E-Commerce website to enable Vendor to offer the Vendor’s products for sale through the said online page. This representation is the essence of the Contract. Thumbsource shall offer to the Vendor its services for facilitating the online sale of the Vendor’s products which shall include space on the online store, customer support, and payment services. For this arrangement, the Vendor shall pay service charges as specified under these presents, to Thumbsource for the sale being affected online. Thumbsource is not responsible/liable for the Product, its design, its function and condition manufacturing and selling and financial obligations, warranties, guarantees whatsoever. Thumbsource reserves its right to state appropriate Disclaimers on its website/online page. Further Thumbsource shall not be liable for any claims, damages arising out of any negligence, misconduct, or misrepresentation by the Vendor or any of its representatives. Vendor grants to Thumbsource the non-exclusive, worldwide, royalty-free right and license to use and display any product information, specifications, warranty information, data, images, and/or intellectual property Vendor furnishes Thumbsource for use in its E-Commerce business during the Term of this Agreement (“Vendor Content”). Thumbsource may use Vendor Content for any purpose related to its E-Commerce business or in furtherance of promoting Vendor’s products, including use in Thumbsource’s websites, emails, and marketing or advertising campaigns. Vendor acknowledges that Thumbsource is relying upon Vendor to ensure that all Vendor Content is accurate and complete, and Vendor agrees to notify Thumbsource and revise and resubmit Vendor Content promptly upon discovery that it is inaccurate or incomplete. A. Thumbsource agrees that it will not make modifications or alterations to Vendor Content without Vendor’s prior written approval. B. Except for the limited license granted to Thumbsource herein, Vendor retains all right, title, and interest to Vendor Content. Vendor agrees and acknowledges that Thumbsource, at all times during the continuance of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online page by the Vendor in the event the said text, image, graphic is found to be in violation of the law, breach of any of the terms of this Agreement, terms and conditions. In such an event, Thumbsource reserves the right to forthwith remove/close the online page of the Vendor without any prior intimation or liability to the Vendor. Thumbsource reserves the right to provide and display appropriate disclaimers and terms of use for the E-Commerce online store.

ACCOUNTS: When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

PASSWORD: You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

INTELLECTUAL PROPERTY: The Service and its original content, features and functionality are and will remain the exclusive property of Thumbsource and its licensors.

Links To Other Web Sites: Our Service may contain links to third-party web sites or services that are not owned or controlled by Thumbsource.

Thumbsource has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Thumbsource shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

TERMINATION WITH THUMBSOURCE.COM: We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

VENDOR TERMINATION: Vendor/Seller may terminate the Vendor Plus or Vendor Business Membership Plans anytime they want. Thumbsource.com D/B/A MNS Business Corporation will not reimburse or issue any pro-rated amounts to any Vendors/Sellers that have purchased a Vendor Business Membership plan that has cancelled their Membership Plan or had their E-Commerce online store de-activated/terminated by Thumbsource.com. There is no obligation to anyone to join the Memberships Plans. Thumbsource.com D/B/A MNS Business Corporation does not require Vendors/Sellers to sign any Contracts or Agreements to be a Vendor on the E-Commerce online store. Vendor/Seller can send Thumbsource.com a message requesting their E-Commerce online store be de-activated from the website. Once Thumbsource.com receives the message from the Vendor/Seller to de-activate the Vendor/Seller’s E-Commerce online store, Thumbsource.com will immediately de-active the Vendor/Seller’s E-Commerce online store and make it unavailable for customers or anyone to view.

DISCLAIMER: Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

GOVERNING LAW: These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

CHANGES: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

ACCESS: By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

CONTACT US: If you have any questions about these Terms and Conditions, please contact us.

PRIVATE POLICY: This section informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.

We will not use or share your information with anyone except as described in this Privacy Policy.

We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at https://thumbsource.com

INFORMATION COLLECTION AND USE: While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information (“Personal Information”) may include, but is not limited to:

  • Name
  • Email address
  • Telephone number
  • Address

LOG DATA: We collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.

GOOGLE AD-SENCE & DOUBLE CLICK COOKIE: Google, as a third party vendor, uses cookies to serve ads on our Service.

COOKIES: Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.

We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

SERVICE PROVIDERS: We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

SECURITY: The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.

LINKS TO OTHER SITES: Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

CHILDREN’S POLICY: Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from children under 18. If you are a parent or guardian and you are aware that your child has provided us with Personal Information, please contact us. If we discover that a child under 18 has provided us with Personal Information, we will delete such information from our servers immediately.

COMPLIANCE WITH LAWS: We will disclose your Personal Information where required to do so by law or subpoena.

CHANGES TO THIS PRIVACY POLICY: We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

CONTACT US: If you have any questions about this Privacy Policy, please contact us.

RETURN POLICY: The customer has 14 calendar days from the original purchase date to return or exchange any product(s) purchased on Thumbsource.com that is defective, damaged or the wrong product(s) was shipped to the customer in error. Thumbsource.com does not refund the Vendor any Vendor Fees, Processing Fees, Merchant Fees Ex. PayPal or etc. that is deducted from the Vendor for product sale(s) sold on Thumbsource.com.

RETURN & EXCHANGES: The customer may exchange the returned product(s) for equal value to another product(s) of the same equal value. If there is a difference left from the original returned product(s) and the newer product(s), then the credit will be issued to the customer in the form of a coupon from Thumbsource.com to use towards the purchase of another product(s) on the website. If there will be a credit issued (difference of exchanged product(s) and newer product(s) that is less than the original exchanged product(s), please send an email to: support@thumbsource.com and provide the following information so that the coupon can be credited to the correct person initiating the exchange: Customer Name, Customer Email Address, Customer Contact Phone Number and the List of Product(s) being Exchanged.  A Thumbsource Support Rep. will be in contact with you via email within 14 calendar days to email you the coupon.

IF WRONG PRODUCT(S) ARE SHIPPED IN ERROR: In case the customer receives the wrong product(s) not originally purchased or listed on the purchasing/customer receipt, then we ask that the customer returns the original product(s) unused in the original box or packaging received in to: (return location for product(s) to be returned will be announced at a later date after the COVID-19 outbreak pandemic restriction is lifted for the U.S.)

Please send an email to: support@thumbsource.com and explain the product(s) that was shipped to the customer in error. On the email include the following information: Customer Name, Customer Email Address, Customer Contact Phone Number and the List of Product(s) that were shipped in error.

Note: While every step and effort is taken to ensure that we ship out the correct product(s), there may be a time especially doing high-value times or a state of emergency during the year that possibly the wrong product(s) will be shipped to the customer in error. We do apologize in advance if this should happen to any product(s) purchased on Thumbsource.com.

DISPUTES ON PRODUCT(S): If the customer receives a defective or damaged product(s), please submit a “dispute” by sending an email to: support@thumbsource.com. In the subject line, please indicate that the email is a “dispute”. Please make sure that the following information is included in the email such as the: Customer Name, Customer Email Address, Customer Contact Phone Number, List of defective/damaged product(s) and Briefly describe the defect or damage done to the product(s). Allow 14 calendar days for a response to be received from support@thumbsource.com.

If the investigation done by Thumbsource.com proves that the product(s) was defective or damaged, then a full refund (to be issued to the credit/debit card on file that was used to make the original purchase) will be issued to the customer and/or the credit/debit cardholder who purchased the product(s) minus the shipping & handling charges paid in the original sale of the product(s).

REFUND PROCEDURE: If these options (return or exchange) are unsuccessful, then the final option would be to refund the customer and/or the credit/debit cardholder who purchased the product(s) the full amount(s) paid for the product(s) that were defective or damaged minus the shipping & handling charges paid in the original sale of the product(s).

ACCEPTABLE REFUND ON PRODUCT(S): We do not allow refunds or exchanges because of change of mind. We ask that you Only return product(s) that are defective, damaged or the wrong product(s) were shipped to you in error.

If you have any questions or concerns about the Return Policy, please send an email to: support@thumbsource.com and allow 14 calendar days for a response to be received from one of our Support Reps.

Your satisfaction is important to us and we value your business.

*Return Policy is subject to change without notice.

THUMBSOURCE LIMITED LIABILITY: VENDOR SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS THUMBSOURCE, ITS PARENTS, AFFILIATES, SUBSIDIARIES, OFFICERS, MANAGERS, PARTNERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, LOSSES, CIVIL PENALTIES, LIABILITIES, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEY’S FEES AND COURT COSTS, ARISING OUT OF OR RELATED TO ANY (A) ALLEGED DEFECT IN OR INJURY FROM VENDOR’S PRODUCTS; (B) ALLEGED FAILURE OF VENDOR OR VENDOR’S PRODUCTS TO COMPLY WITH THIS AGREEMENT OR ANY LAWS, REGULATIONS, WARRANTIES, GUARANTEES, OR REPRESENTATIONS OF VENDOR; (C) ALLEGATIONS CONCERNING VENDOR CONTENT; (D) NEGLIGENT OR GROSSLY NEGLIGENT ACTION, INACTION, OMISSION OR INTENTIONAL MISCONDUCT OF VENDOR; AND/OR (E) USE OF OR INFRINGEMENT UPON ANY INTELLECTUAL PROPERTY RIGHT OF VENDOR. THUMBSOURCE SHALL MUTUALLY INDEMNIFY VENDOR FROM ANY (A) ALLEGED FAILURE OF THUMBSOURCE TO COMPLY WITH THIS AGREEMENT; (B) NEGLIGENT OR GROSSLY NEGLIGENT ACTION, INACTION, OMISSION OR INTENTIONAL MISCONDUCT OF THUMBSOURCE; AND/OR (C) USE OF OR INFRINGEMENT UPON ANY INTELLECTUAL PROPERTY RIGHT OF THUMBSOURCE. The laws of the State of Maryland govern this Agreement and any disputes arising hereunder. Except injunctive or other equitable relief, Thumbsource and Vendor agree that, as a condition precedent to the institution of any action regarding disputes arising under this Agreement, such disputes shall first be submitted to mediation before a professional mediator selected by the parties, at a mutually agreed time and place, and with the mediator’s fees split equally between the parties. If mediation is unsuccessful, the parties agree to submit disputes to state or federal court in Maryland.

COVID-19 VENDOR RESPONSIBILITY: Vendor is responsible for notifying Thumbsource as soon as possible if they test Positive for COVID-19. Thumbsource will immediately have the Vendor sign a COVID-19 Form stating that they have contracted and tested Positive for COVID-19. Thumbsource will immediately temporarily de-activate the Vendor’s online store out of safety concerns for our customers ordering products from the Vendor that may have been contaminated or exposed to COVID-19. After the Vendor notifies Thumbsource and signs another COVID-19 Form stating that they no longer have COVID-19 and now test Negative, Thumbsource will then re-activate the Vendor’s online store to be accessible to customers to order products again.

TERMINATION OF CONTRACT AGREEMENT: If the Vendor or Thumbsource.com d/b/a MNS Business Corporation decide to terminate this Contract Agreement and shall continue until terminated by either party giving the other party 30 days written notice delivered to either party through the mail, electronically (email) or a carrier. In the event of termination of this Agreement, Thumbsource shall remove the weblinks and shall discontinue display of the Products on the Online E-Commerce store effect immediately. Thumbsource shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the Vendor by virtue of termination of this Contract Agreement.

ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous agreements, understandings, negotiations, representations or proposals or any kind, whether written, oral or otherwise. Neither party has relied upon any statements, representations, or other communications that are not contained in this Agreement. This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior and contemporaneous agreements, arrangements, and understandings (whether written or oral) between the Parties with respect to its subject matter.

CONTRACT AGREEMENT SIGNING & AUTHORIZATION: By signing and dating this Contract Agreement, both the Vendor and Thumbsource (E-Commerce) online website give permission, acknowledgment, and authorization that both parties are fully aware and agree to all of the Vendor Fees, Vendor Responsibilities, Thumbsource’s Responsibilities & Disclaimers and the Terms & Conditions set forth in this Contract Agreement effective on the date indicated below until the Contract Agreement either expires or is terminated by either party with a 30-day written notice.

ELECTRONIC SIGNATURE: By Signing your Name (First & Last Name) ELECTRONICALLY, you give permission to use your typed name (Electronically) as your Authorized Signature and agree to all of the Terms & Conditions set forth in this Vendor Application & Contract Agreement.

Terms and Conditions are subject to change without notice.3