Artist and seller terms

1.1 These terms and conditions (“Terms”) apply to each artist, creator, brand owner or other collaborator (“Artist”, “Seller”, “you” or “your”) approved by Merch Republic (Pty) Ltd t/a Merch Union (“Merch Union”, “we”, “us” or “our”) to collaborate on Products promoted and sold through this website (“Website”).

1.2 The parties intend a collaborative merchandise arrangement under which Merch Union manages or coordinates product development, manufacturing, commercialisation, online sales, payment collection, fulfilment and customer service, while you collaborate creatively, approve the agreed Products and authorise the agreed use of your name, image, likeness, branding and intellectual property.

1.3 By clicking the “Accept” button, you accept to be bound by these Terms.

1.4 Merch Union may amend these Terms on reasonable notice. A material amendment will not retrospectively change an already-approved Product, cost budget or profit-share arrangement unless agreed in writing or required by law.

In these Terms, unless the context indicates otherwise:

2.1 “Agreed Costs” means the costs disclosed to and agreed by the Artist and Merch Union in writing or contemplated in the applicable written agreement, as further described in clause 7.3;

2.2 “Artist” means the artist, creator, brand owner or other collaborator approved by Merch Union to participate in a collaboration under these Terms, and includes a Seller where that expression is used in the Website or related communications;

2.3 “Artist Rights” means the intellectual property, personality and image rights owned or controlled by the Artist before or independently of the collaboration, including the Artist’s name, image, likeness, approved artwork, logos, trade marks and branding;

2.4 “Net Profit” means the amount remaining from the selling price attributable to a Product after deduction of Merch Union’s commission and the applicable Agreed Costs, as calculated in accordance with clause 7;

2.5 “Parties” means Merch Union and the Artist, and reference to “Party” shall mean any of them, as context may require; and

2.6 “Product” means the product developed, manufactured, marketed or sold as part of an approved collaboration between Merch Union and the Artist, including clothing, merchandise, books, vinyl records and other Artist related goods agreed by the parties.

3.1 Participation is by approval only. Merch Union may accept or decline a proposed Artist in its discretion.

3.2 The Artist must provide accurate information reasonably requested for onboarding, contracting, tax, payment, intellectual property and compliance purposes and keep such information current and up to date.

3.3 Approval as an Artist does not oblige Merch Union to develop, manufacture, list or continue selling any particular Product unless the Parties have approved that Product in writing.

4.1 The Parties will collaborate on concepts, product types, designs, branding and other creative elements.

4.2 No Product will proceed to manufacture until the relevant design and material product specifications have been approved and signed off by you in writing or through an agreed electronic approval process.

4.3 Before production, Merch Union will provide you with a breakdown of anticipated manufacturing and other agreed production costs. Production may commence once those costs and the relevant Product have been approved.

4.4 Merch Union will arrange or procure the manufacture, printing and/or production of Products. Unless otherwise agreed, you are not responsible for manufacturing or fulfilment of the Products.

4.5 After your approval, changes that materially affect your approved artwork, image, branding or Product presentation require your agreement, except for non-substantive formatting, technical resizing or corrections reasonably necessary to operate the Website and which do not materially alter the approved creative work.

5.1 Merch Union will initially control the creation, content, presentation and administration of Artist pages and Product listings on the Website. You will not have an independent right to publish or edit listings unless functionality is later made available to you.

5.2 Merch Union will determine the operational aspects of the Website, checkout, customer communications, fulfilment and customer support. Product descriptions, images, artwork or other Artist Content that materially changes an approved creative element may not be modified without your agreement.

5.3 Merch Union may suspend or remove a listing where reasonably necessary for legal compliance, safety, stock, technical, reputational or customer-service reasons, and will where reasonably practicable inform you of a material removal affecting an active collaboration.

6.1 You retain ownership of intellectual property and personality/image rights owned by you before the collaboration, including your name, image, likeness, approved artwork, logos, marks and branding (Artist Rights).

6.2 You grant Merch Union, for the term of the collaboration and any permitted sell-off period, an exclusive, worldwide, royalty-free licence (with the right to sublicense to manufacturers, fulfilment providers, payment/service providers and marketing partners as reasonably necessary) to use, reproduce, manufacture from, display, distribute and market the Artist Rights solely in connection with developing, producing, advertising, selling and fulfilling the approved Products and promoting the collaboration and Website.

6.3 The exclusivity in clause 6.3 applies to the approved merchandise concepts, designs and Products developed for the collaboration. You may not manufacture, sell, authorise or license the same or substantially similar collaboration Products or the approved merchandise designs through another platform, manufacturer or retailer during the term and sell-off period without Merch Union’s prior written consent.

6.4 Merch Union may use your approved name, image, likeness and related image rights to market the Website, the collaboration and the Products. Any materially new use outside those purposes requires your agreement.

6.5 You warrant that you own or control the rights you contribute, or have all permissions necessary to grant the rights in this clause 6, and that authorised use of those rights will not infringe third-party rights.

7.1 Unless otherwise agreed, Merch Union will be entitled to a commission equal to 10% (ten percent) of the selling price of each Product sold, excluding separately charged delivery fees and any taxes that the law requires to be excluded from the commission base.

7.2 After deducting the 10% (ten percent) commission and the Agreed Costs, the remaining amount attributable to the relevant Product will constitute Net Profit for purposes of the collaboration.

7.3 Agreed Costs refers only to costs disclosed and agreed with you in writing and may include manufacturing and production costs and, where expressly agreed, payment processing, marketing, packaging, fulfilment, storage, returns, chargebacks and other directly attributable costs.

7.4 Unless otherwise agreed in writing, Net Profit will be shared 50% (fifty percent) to Merch Union and 50% (fifty percent) to you.

7.5 Delivery charges paid by customers are intended to meet delivery/fulfilment costs and do not form part of the Artist’s profit share unless expressly agreed otherwise.

8.1 Customer payments will be processed through the payment gateway(s) selected by Merch Union and received by or for the account of Merch Union.

8.2 Merch Union may deduct amounts attributable to the collaboration for refunds required by law, reversals, chargebacks, fraudulent transactions, payment disputes, taxes, agreed costs or other amounts due under these Terms.

8.3 Merch Union may temporarily withhold a disputed amount where reasonably necessary to investigate suspected fraud, a chargeback, customer dispute or legal/compliance issue. Undisputed amounts shall not be withheld solely because another amount is under investigation.

8.4 Payment timing, statements and the nominated bank account will be provided to you in writing.

8.5 Each Party is responsible for its own taxes and statutory obligations arising from amounts received by it, subject to any withholding or reporting required by law.

9.1 Merch Union will manage the customer relationship, including delivery enquiries, complaints, returns, refunds and payment disputes.

9.2 Merch Union may resolve a customer complaint directly, including by replacement, repair, refund, credit or other remedy where required by law or reasonably appropriate to resolve a bona fide complaint.

10.1 Merch Union is responsible for arranging fulfilment and delivery to customers, whether directly or through third party courier and delivery platforms.

10.2 Customers will ordinarily be charged delivery separately at checkout. Merch Union may select and change delivery providers and methods as operationally appropriate.

10.3 The Artist must reasonably cooperate with Merch Union where information or approvals are required to address delivery or customer-service issues relating to the collaboration.

11.1 Either Party may terminate the overall collaboration on 30 (thirty) days’ written notice. Merch Union may suspend or terminate immediately for material breach, fraud, illegality, infringement, conduct creating material legal or reputational risk, or a breach that cannot reasonably be cured.

11.2 Termination does not cancel customer orders already accepted. Merch Union may complete manufacture, fulfil existing orders, process returns/chargebacks and account for outstanding amounts.

11.3 To protect committed production and avoid waste, Merch Union may, for a reasonable sell-off period of up to 6 (six) months after termination continue to market and sell finished stock and work-in-progress that was approved or committed before termination, unless termination resulted from Merch Union’s unauthorised use of Artist Rights or the parties agree otherwise.

11.4 The licence in clause 5 continues during the sell-off period solely to the extent necessary to sell and fulfil permitted stock, handle returns, retain transactional records and maintain archival evidence of the collaboration. Thereafter, active promotional use must cease, subject to legal record retention and historical references.

11.5 Accrued payment rights, confidentiality obligations, warranties, indemnities, dispute provisions and provisions intended by their nature to survive shall survive termination.

12.1 Each Party warrants that it has authority to enter into these Terms.

12.2 You indemnify Merch Union against third-party claims, losses and reasonable legal costs arising from a breach of clause 6.5, your unlawful conduct, or material information supplied by you that you knew or ought reasonably to have known was false or misleading, except to the extent caused by Merch Union.

12.3 To the extent permitted by law, neither Party is liable to the other for indirect or loss that was not reasonably foreseeable, except in respect of fraud, wilful misconduct, infringement, confidentiality breaches or amounts expressly payable under these Terms.

13.1 Personal information will be processed in accordance with Merch Union’s Privacy Policy and applicable data-protection law.

13.2 Each Party must keep confidential non-public commercial, financial, creative and technical information received from the other and use it only for the collaboration, except where disclosure is required by law or to professional advisers/service providers subject to appropriate confidentiality obligations.

• Full name and legal status: Merch Republic (Pty) Ltd.
• Website: www.merchunion.co.za.
• Email: slovo@merchunion.co.za.
• Last updated: 29 September 2026.