MerchHeroes.com Agreement

This agreement (the "Agreement") is made on June 3, 2026, between First Name Last Name (herein referred to as "Store") and Creative Ventures, Inc. DBA Merch Heroes (MerchHeroes.com) A Corporation out of Illinois (herein referred to as "Printer").

1. Scope. Store hereby authorizes Printer to print, sell, and distribute apparel featuring designs submitted to Printer by Store (the "Designs").
2. Term. This Agreement has a term of one year, beginning on the date of signature, which automatically renews annually after the one year have expired. This Agreement cannot be terminated at any time within the first year for any reason by either party. After one year the agreement may be terminated by either party at any time. Any fees owed to Store at the time of termination will be paid by Printer at the normal interval, described in Section 8 below.
3. Non-exclusivity. This Agreement is non-exclusive, meaning Store is not prohibited from marketing, selling, or distributing, in any manner, any of the Designs sold on MerchHeroes.com, to the full extent permitted by law.
4. Ownership rights. Store warrants that the Designs provided hereunder are owned by Store and do not infringe on the intellectual property rights or other rights of any third party. Store further warrants that Store has full legal rights to use the store name of Store Name, and is permitted to enter into this Agreement with regards to that name. To the best of Store's knowledge, Printer's permitted use of the Designs and Store's name and image, as provided herein, shall not infringe the intellectual property rights of any third party.
5. Right of final approval and removal. Store shall have the sole right to approve of or reject all Designs bearing Store's name, likeness, or other phrases or images that identify Store. By personally submitting a Design, Store is giving approval for the Design, and Printer may proceed with posting the design without further assurances or agreement from Store .If at any time, for any reason, Store determines that a particular design should no longer be available for sale, Store must provide Printer with notification requesting that the particular design be removed. Printer will use its best efforts to remove the design within 24 hours of receiving notification, but in any event the design shall be removed within 7 days after receiving the notice. Store acknowledges that Printer may be contacted by third parties asserting that a Design infringes on the third-party's intellectual property rights and that the third-party may demand that Printer remove a design from MerchHeroes.com. Store acknowledges and agrees that Printer, in Printer's sole discretion, may remove a design as a result of such notice until the rights regarding the design can be determined.
6. Indemnification. Store hereby agrees to indemnify, defend, and hold harmless Printer and its subsidiaries and affiliated companies, agents, officers, directors, and employees (collectively, the "Printer Group") from any and all liability, loss, damage, costs, expenses, claims, or demands (including without limitation, reasonable attorneys' fees and court costs), which may arise out of third party claims against Printer arising out of or relating to allegations that Printer's marketing, display, sale, printing, or any other action, infringes on any United States copyright or trademark. Printer agrees to indemnify, defend, and hold harmless Store from and against any and all damages, loss, cost, expenses, liability, claims or demands (including without limitation, reasonable attorney's fees and court costs) which may arise out of third party claims against Store arising out of or relating to the gross negligence or willful misconduct of Printer. The party seeking indemnification shall give the indemnifying party prompt notice of any indemnified claims, permit the indemnifying party to control the defense and settlement of such claims, and reasonably cooperate with the indemnifying party in connection with the defense and settlement of such claims. The indemnifying party shall give prompt written notice of any proposed settlement of a claim, provided that indemnifying party may not, without the prior written consent of the party seeking indemnification (which consent shall not be unreasonably withheld), settle or compromise any such claim or consent to the entry of any judgment with respect to which indemnification is being sought unless such settlement, compromise or consent (i) includes an unconditional release of the party seeking indemnification from all liability arising out of such claim, and (ii) does not contain any admission or statement suggesting any wrongdoing or liability on behalf of the party seeking indemnification. The parties' obligation to indemnify each other shall survive the expiration or termination of this Agreement by either party for any reason.
7. Model Release. Store hereby authorizes Printer to use Store's likeness, logos and designs on MerchHeroes.com as well as on promotional material related to MerchHeroes.com. Store shall have the sole right to approve of or reject the photo Printer desires to use for such purposes. Store agrees that Store will not be paid any fees, commissions, or royalties for Printer's use of Store's likeness on MerchHeroes.com or promotional material.
8. Pricing and payment terms. All commissions due under this Agreement will be paid to Store within the first 5 business days of the following month via Paypal. Payments to Store will be calculated based on = (Sale Price – Base Price). Base pricing excludes shirt upgrades, sales tax, shipping and handling.

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Example: $30.00 USD T-shirt (Sale Price) - $14.85 USD (Base Price) = $15.15 USD Commission

Apparel:

Shirts - $14.85 USD

Zip Hoodie - $28.85 USD

Pullover Hoodie - $26.85 USD

Back Printing  +$5.99 USD Per Print

Oversized Printing +$2.99 USD Per Print

Art:

11"x17" Art Print Poster $17.85 USD

12"x18" Art Print Poster $19.85 USD

18"x24" Art Print Poster $27.85 USD

24"x36" Art Print Poster $28.85 USD

11"x17" High Gloss Metal Art Print $35.85 USD

12"x18" High Gloss Metal Art Print $39.85 USD

Other (Inquire For Details):

Any Other Items Not Listed Pay A 25% Commission On Base Price. These items are available once Store has $10,000 USD (Ten Thousand US Dollars) in sales.

• • Stickers, 3D UV Printed Acrylic Comic Book Covers (6.625"x10.25"), Porcelain Stone Slabs (8"x12") Beanies, Hats, Bags, Flags (3'x5'), Beach Towels (60" Wide), Mugs, Tumblers, Patches, Mouse Pads.

Fulfillment Services are available for 15% On Sale Price. Send us your items, we will sell them for you for 15% of the base sale price.

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Coupon Use: If Printer creates sitewide coupons, store will receive that coupon % less on the commission for that item for the month. The overall coupon discount is shared between store and printer. If Store creates coupon, full amount of coupon will be deducted from payment for the month.

Pricing and payment terms may may increase at any time for any reason printer deems appropriate in its sole discretion. Printer will provide notice to Store via email prior to any change in pricing or payment terms.

Store is not responsible for costs associated with a customer's purchase of upgraded items, shipping/handling fees, or sales tax. These costs and fees will be paid to Printer by customers.

Printer is solely responsible for all lost packages.

Store is responsible for inputting the correct Paypal account email address. If payment fails, store will not be notified. 

9. Limitation of Liability. Except for the parties' respective indemnity obligations under this agreement, for any action arising out of or relating to this agreement, in no event shall printer have any liability to store whatsoever for any indirect, special, incidental, or consequential damages, including but not limited to loss of anticipated profits or revenue or other economic loss in connection with or ensuing from the activities contemplated by this agreement, even if a party has been advised of the possibility of such damages. except for the parties' respective indemnity obligations under this agreement, in no event shall printer be liable to the other party for any direct damages in excess of the greater of: (a) the amount paid by customers to printer for merchandise sold bearing any of store's designs in the 12 month period preceding the event giving rising to such claim or (b) $100.
10. Sales tracking. All sales are automatically tracked by Printer and sales figures are available at https://www.merchheroes.com/backend using the username and password Printer provides to Store. In addition, Store will receive an email every time there is a sale of a garment featuring one of Store's Designs. Store can see the customer who purchased the item and the item purchased. Shirts will print/ship by Printer within 6-8 business days.
11. Choice of law and venue. This Agreement, and all transactions contemplated hereby, shall be governed by, construed, and enforced in accordance with the laws of the State of Illinois, without giving effect to its conflict of law principles. In the event that litigation results from or arises out of this Agreement, the parties agree that venue is proper only in the state or federal court located in Cook County, Illinois.
12. Attorneys' fees, costs, and expenses. In the event that litigation results from or arises out of this Agreement or the performance thereof, the parties agree to reimburse the prevailing party's reasonable attorney's fees, court costs, and all other expenses, whether or not taxable by the court as costs, in addition to any other relief to which the prevailing party may be entitled. In such event, no action shall be entertained by said court or any court of competent jurisdiction if filed more than one year subsequent to the date the cause(s) of action actually accrued regardless of whether damages were otherwise as of said time calculable.
13. Severability. If any provision in this Agreement is found to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force and effect provided the original intent of the parties can be fulfilled, and the invalid, void or unenforceable provision shall be modified or eliminated to the minimum extent necessary to be valid and effective.
14. Binding Intent. The provisions of this Agreement will be binding upon and inure to the benefit of the heirs, executors, successors and permitted assignees of Printer and Store.
15. Notices. Any notices required to be given hereunder by either party may be affected by personal delivery thereof or by U.S. certified or registered mail, postage prepaid, recognized overnight commercial carrier, or email. Notices will be addressed to the parties at the contact information appearing below or to such other place as the respective parties may designate in writing.

Store is signing this Agreement on the date set forth above, representing that it has read this Agreement, understands it, and agrees to be bound by it.