Your Cart

Your cart is empty



magnifying glass icon


Creator Terms of Service

We are Makeship Ltd (“Makeship”), registered office at 422 Richards St, Suite 170, Vancouver, BC., V6B 2Z4, Canada (“we” and “Makeship”).

Makeship runs limited-edition, pre-sale campaigns through our online platform (“Platform”), featuring custom designed, creator-branded products (“Product”).

1. Starting a Campaign: Each individual Campaign ("Campaign") applies to one Product. Once we’ve agreed on the details of the Product and Campaign, we'll provide you with a Campaign form which will set out details of the proposed campaign, such as

  • the Product type
  • the Retail Price - the price at which your Product will be listed for sale on the Platform
  • a Minimum Order Quantity (“MOQ”) - the minimum number of pre-sales that need to be reached before we can start manufacturing
  • your share of Net Retail Sales – see clause 4 below

By submitting the Campaign form, you commit to starting the Campaign on the details as set out in the Campaign form.

2. Running the Campaign: Campaigns are made up of four steps: Design, Launch, Make, and Ship

Design – At the design stage, we will work with you to prepare designs and sample(s) for your Product. The design and approval process will follow our standard procedures for that Product category. As part of the process, you may be able to choose optional add-ons, such as special fabrics, for some product categories. This may increase the Retail Price charged to customers.

Launch – Once you have approved the design, we will launch the Campaign. Each Campaign will run for a Campaign period, usually 3-4 weeks, starting on a mutually agreed date. We will make the Products available for pre-sale on our Platform, on our standard customer terms of sale, for the Retail Price (excluding any applicable sales tax and shipping). 

After the Campaign period, if the MOQ for your Product was reached (a “successful Campaign”), we will proceed to the “Make” stage. If not, we will refund all customers and we will not proceed to manufacturing.

Make – At this stage, after a successful Campaign, we will manufacture enough Products to meet all pre-sales orders. Manufacturing lead times may vary but are generally within 2-3 months of the Campaign finishing. 

Ship – After manufacturing is complete, we will ship all orders to customers who ordered them. We will be responsible for all customer service, including processing customer queries and returns. If there remains excess stock of Product after this stage (for example due to a returned item), we may use that stock for our internal purposes such as quality assurance etc.

3. Promoting the Campaign: Before and during a Campaign Period, you agree to cooperate with your designated Makeship Campaign manager and use your best efforts to market the Campaign and the Products.

4. Your Payments: If your Campaign was successful, we will pay you the percentage of Net Retail Sales received for your Products from the Campaign. “Net Retail Sales” is defined as the total gross sales in respect of your Products, less any promotional discounts (applied only with your approval) and refunds. Payment will be made within 30 days after the Campaign ends. 

5. Grant of Licenses: Whenever we and you agree to run a Campaign, you appoint us as the seller of the Product(s) to be the subject of the Campaign and grant us for the necessary term a worldwide, non-exclusive licence to use such intellectual property as is strictly necessary for the purposes of that Campaign, i.e. to design, manufacture, advertise, sell and distribute the Products.

6. Materials: You warrant that all material you contribute to or submit in respect of any Campaigns, Designs and/or Products is original, does not infringe any third-party rights, is not obscene, defamatory or illegal, and you have all licenses or permissions necessary.

7. Rights in Designs etc.: You acknowledge ownership and rights in any Designs developed pursuant to a Campaign remain with us, however neither you nor we shall use these, nor permit them to be used, for any purposes other than to perform the Agreement without the other’s consent.

In respect of any material you provide that contributes to any Designs, Products, and Campaigns, all pre-existing ownership and associated rights, including all intellectual property rights, remain with the existing rightholder and nothing in these Terms shall alter or restrict those rights.

8. Promotion of relationship: You give us permission to advertise that we’ve worked with you (this includes using your intellectual property, e.g. posting a logo, publishing materials from a Campaign, etc.).

9. Indemnity: You indemnify and hold harmless us and our affiliates against any losses, damages, claims, or liabilities arising out of (i) your breach of any of the obligations, representations or warranties in these Terms; (ii) any misuse by you of the Platform and/or (iii) any material you contribute to any Campaign, Design or Product.

10. Liability: To the extent allowable by law, (i) our liability to you under these Terms is limited to the total amount actually paid or payable to you under these Terms, and (ii) we are not liable for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of these Terms.

11. Disclaimer: All services and contents of the Platform are provided without any representations or warranties of any kind, either implied or express, to the fullest extent permitted by applicable laws.

12. Confidentiality: Each party agrees to keep all sensitive and confidential financial, product, business or commercial information and communications they obtain in connection with these Terms and any Campaign confidential and not disclose them unless disclosure is required by an authority, a court/tribunal, or to obtain professional advice.

13. Termination: We may immediately terminate these Terms or a Campaign for your actual or anticipated breach of these Terms, or if in our reasonable opinion there arises a matter concerning you or an associate of yours, which causes or may cause reputational risk to us. We may terminate this Agreement with 30 days’ written notice without cause; however this will not affect any rights and obligations arising from a Campaign which is already running at the time that notice is given. Termination of these Terms for any reason will not release either party from any obligations which are intended to have a continuing effect, which for the avoidance of doubt include clauses 6, 7, 8, 9, 10, 12, and 14 of these Terms, but do not include any obligation to run any Campaigns which have been agreed to but which have not yet launched.

14. General: A. We and you are contractors only. B. These Terms constitute the entire agreement between you and us; prior statements or representations are excluded. C. A party shall not be liable for any failure of or delay in the performance of these Terms due to force majeure. D. You may not assign your obligations under these Terms without our written consent. E. Variation of these Terms is only possible by both parties agreeing in writing. F. The laws of British Columbia, Canada, apply to these Terms; the parties submit to the exclusive jurisdiction of the Courts of British Columbia, Canada. G. If any provisions(s) of these Terms are held to be unenforceable, they may be severed from these Terms.