DISCLAIMER & LIMITATION OF RESPONSIBILITY
Monkey King Fulfillment – Print Arrows LLC
1. Intellectual Property, Copyright & Seller Indemnification
The Seller is solely responsible for ensuring that all designs, artwork, images, graphics, logos, trademarks, text, product concepts, and other materials submitted to Monkey King Fulfillment, operated by Print Arrows LLC (the “Fulfillment Provider”), for production, printing, embroidery, or fulfillment are legally authorized for use and do not infringe upon any third-party intellectual property rights, including copyrights, trademarks, patents, publicity rights, or other proprietary rights.
The Fulfillment Provider does not claim ownership of, and does not acquire any intellectual property rights in, the designs, artwork, or other materials supplied by the Seller. All such materials remain the responsibility of the Seller or their respective rights holders.
The Seller represents and warrants that they own, control, or have obtained all necessary rights, licenses, permissions, and authorizations required to manufacture and fulfill products incorporating the submitted materials. The Seller further represents that their submitted materials and related commercial activities comply with applicable laws, intellectual property requirements, and relevant marketplace policies.
The Fulfillment Provider acts solely as a production and fulfillment service provider. Unless expressly agreed otherwise in writing, it does not independently investigate, authenticate, license, or verify the ownership, originality, authorization, or non-infringing status of Seller-submitted materials. Acceptance or production of an order shall not constitute approval, endorsement, or confirmation that such materials are legally authorized.
The Seller shall bear sole responsibility for any allegations, claims, complaints, investigations, takedown notices, account restrictions, suspensions, penalties, damages, or legal proceedings arising out of or relating to the Seller’s materials or alleged or actual infringement of third-party rights, except to the extent such matters are caused by the Fulfillment Provider’s own acts or omissions for which it is legally responsible.
Seller Indemnification
To the fullest extent permitted by applicable law, the Seller shall defend, indemnify, and hold harmless Print Arrows LLC, Monkey King Fulfillment, and their respective owners, officers, employees, contractors, and agents from and against any third-party claims, demands, actions, losses, damages, liabilities, settlements, penalties, costs, and reasonable attorneys’ fees arising out of or relating to:
- Alleged or actual infringement of intellectual property or other third-party rights by materials supplied or authorized by the Seller.
- The Seller’s lack of ownership, licensing, authorization, or other legal rights to use submitted materials.
- The Seller’s breach of the representations, warranties, or obligations set out in this section.
- The Seller’s marketing, listing, sale, or distribution of products incorporating such materials.
The Seller shall promptly notify the Fulfillment Provider of any relevant claim and reasonably cooperate in its resolution. The Fulfillment Provider shall provide reasonable notice of any claim for which indemnification is sought. The Seller shall not enter into any settlement that imposes an admission of fault, payment obligation, or continuing obligation on the Fulfillment Provider without its prior written consent.
Nothing in this section excludes or limits liability to the extent such liability arises from the Fulfillment Provider’s own infringement, negligence, willful misconduct, or other conduct for which liability cannot lawfully be excluded or limited.
2. Seller-Provided Shipping Labels & Allocation of Responsibility
Where the Seller provides, purchases, generates, or obtains shipping labels and supplies them to the Fulfillment Provider for order processing, the Seller is solely responsible for the legitimacy, validity, authenticity, payment status, accuracy, and compliance of such labels, including compliance with the applicable shipping carrier’s requirements, marketplace policies, and relevant laws.
The Seller represents and warrants that each label is lawfully obtained, properly paid for where payment is required, authorized for the intended shipment, and suitable for the applicable package, destination, shipping service, and fulfillment method.
The Fulfillment Provider does not issue or independently guarantee Seller-provided shipping labels and does not control the Seller’s label provider, payment arrangements, marketplace account, or carrier account. The Fulfillment Provider’s physical receipt or use of a label does not constitute verification or certification of its validity, legitimacy, or compliance.
2.1 Label-Related Risks and Exclusions
To the fullest extent permitted by applicable law, the Fulfillment Provider shall not be responsible for losses, claims, investigations, penalties, delays, or other consequences arising from or attributable to Seller-provided labels, including but not limited to:
- Allegations or investigations involving fraud, unauthorized label use, stolen payment methods, payment disputes, or carrier or marketplace violations relating to the purchase, generation, or use of such labels.
- Invalid, counterfeit, unpaid, voided, duplicated, improperly generated, or otherwise non-compliant shipping labels.
- Incorrect shipping addresses, recipient details, package dimensions, package weight, postage amounts, service levels, or other information supplied or encoded in the labels.
- Tracking numbers that fail to activate, tracking statuses that do not update, missing acceptance scans, delayed scans, rejected shipments, or tracking discrepancies attributable to the label, label provider, carrier systems, or other third parties.
- Carrier surcharges, postage adjustments, additional fees, shipment delays, returns, losses, or other consequences arising from the labels or their underlying transactions.
- Marketplace account restrictions, payment holds, order cancellations, seller performance issues, or other account-level consequences arising from suspected or actual label-related violations.
The Seller shall be responsible for contacting and resolving relevant issues with the label provider, marketplace, payment provider, or shipping carrier, and for bearing associated costs, charges, and liabilities to the extent attributable to the Seller-provided labels or the Seller’s actions.
2.2 Responsibility Determined by Cause
The allocation of responsibility under this section shall be determined by the actual cause of the incident, based on reasonably available evidence.
The Fulfillment Provider shall not be responsible for a tracking failure, shipment rejection, fraud allegation, or other shipping-related issue solely because it applied a Seller-provided label or handled the corresponding package.
However, the exclusions above shall not apply to the extent a loss or claim is directly caused by the Fulfillment Provider’s own failure to perform its expressly agreed obligations, including:
- Applying a label to the wrong package due to the Fulfillment Provider’s processing error.
- Failing to hand over a package after accepting responsibility for its scheduled drop-off, where the failure is attributable to the Fulfillment Provider.
- Failing to follow agreed handling or drop-off procedures, where such failure directly causes the loss or claim.
Where the cause is shared between multiple parties or cannot reasonably be established, the parties shall cooperate in good faith to review available evidence and determine responsibility in accordance with the applicable service agreement and governing law.
3. Scope of Fulfillment Provider’s Responsibilities
For orders processed using Seller-provided shipping labels, the Fulfillment Provider’s responsibilities are limited to the following services, as applicable to the agreed order:
- Manufacturing, printing, embroidery, or otherwise producing products in accordance with the mutually agreed specifications.
- Preparing and packing the products in accordance with the agreed fulfillment requirements.
- Applying the shipping label provided by the Seller to the corresponding package.
- Handing over or dropping off packages at the designated shipping carrier or authorized drop-off location in accordance with the agreed procedures.
Where reasonably available, the Fulfillment Provider may provide handoff records, drop-off receipts, manifests, or other evidence of shipment handover.
The Fulfillment Provider does not guarantee carrier acceptance scans, tracking activation, tracking updates, transit times, final delivery, or the outcome of any carrier, marketplace, payment-provider, or label-provider investigation, to the extent these matters are outside its control.
Once a package has been properly handed over to the designated carrier or authorized drop-off location, transportation, tracking, and delivery are generally outside the Fulfillment Provider’s direct control. This does not relieve the Fulfillment Provider of responsibility for its own failure to perform the agreed production, packing, labeling, or handoff obligations.
4. Seller Acknowledgment
By submitting orders, designs, artwork, or shipping labels to Monkey King Fulfillment, the Seller acknowledges and agrees that:
- The Seller is responsible for the legal rights and permissions associated with all submitted materials.
- The Seller is responsible for the validity, legitimacy, accuracy, and compliance of Seller-provided shipping labels.
- The Fulfillment Provider’s responsibilities are limited to the services expressly agreed upon between the parties.
- Responsibility for any incident shall be allocated according to its actual cause and the applicable service agreement and law.
This Disclaimer forms part of, or supplements, the applicable fulfillment service agreement between the parties. In the event of a conflict, the terms of the signed service agreement shall prevail unless the parties expressly agree otherwise in writing.
If any provision of this Disclaimer is held unenforceable, the remaining provisions shall remain effective to the fullest extent permitted by applicable law.
