Sellers agree to pay Whatnot a commission on each sale, as specified in the Seller Policy, which Whatnot may update with notice. The specific commission rates and fee structures are governed by the Seller Policy document rather than the Terms of Service itself.
This analysis describes what Whatnot's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The commission and fee terms applicable to sellers are set by a separately referenced Seller Policy that Whatnot may update, meaning the financial terms of seller participation are subject to change outside of the Terms of Service document itself. Sellers should monitor the Seller Policy for changes affecting commission rates.
Interpretive note: The specific commission rates and fee schedules are not reproduced in the Terms of Service document and are governed by a separately maintained Seller Policy; the current rates and update history are not assessable from this document alone.
Strategic sellers on Whatnot are now subject to mandatory arbitration for all disputes with the platform instead of having access to California courts. The updated agreement states that arbitration under the main Terms of Service is the exclusive forum and procedure for resolving disputes, except only to the extent the Terms of Service expressly permit otherwise. This removes the right to jury trial and appeal to higher courts, streamlining dispute resolution to a single binding arbitration proceeding. You can review the arbitration provisions in Section 21 of Whatnot's main Terms of Service to understand the specific procedures and limitations that will apply to any dispute.
View change record →The updated terms establish a formal opt-in creator program for UK users that permits Whatnot to collect, edit, modify, translate, and promote user-submitted content (videos, images, captions, account information) across its own channels and third-party platforms (TikTok, Instagram, paid social) for one year from submission. Under the revised framework, creators who participate must provide raw video files, tax documentation, and payment information before receiving program benefits, and Whatnot retains discretion to reject submissions, change reward amounts, or terminate the program entirely. Whatnot is not responsible for payment delays caused by incomplete documentation. You can decline participation entirely by not submitting content to the program, or submit selectively and control what content you make available.
View change record →This is a more detailed specification of seller fee obligations that provides explicit notice requirement and clearer terms compared to the previous generic fee language.
View full change record →Sellers on Whatnot are subject to commission fees on each sale as defined in the Seller Policy, which may be updated by Whatnot with notice. The specific rates and any fee schedule are not fixed within the Terms of Service and are governed by a separately maintained policy document.
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"By listing items for sale on Whatnot, sellers agree to pay Whatnot a commission on each sale as set forth in Whatnot's Seller Policy, which may be updated from time to time. Whatnot reserves the right to change its commission rates and fee structures with notice to sellers.— Excerpt from Whatnot's Whatnot Terms of Service
1. REGULATORY LANDSCAPE: Commission and fee terms for marketplace sellers may interact with FTC guidelines on marketplace transparency and disclosure of material terms to business participants. State consumer protection and business opportunity laws may also apply to marketplace seller fee structures. The FTC and state attorneys general hold relevant enforcement authority. 2. GOVERNANCE EXPOSURE: Medium. The incorporation by reference of a separately updatable Seller Policy for commission rates means sellers' financial obligations can change without an amendment to the Terms of Service itself. This creates a governance consideration regarding whether sellers receive adequate notice of fee changes and whether the change mechanism is clearly disclosed. 3. JURISDICTION FLAGS: Business sellers in California and EU member states may have additional rights regarding material changes to commercial terms, including notice periods and the right to exit contracts following material fee changes. 4. CONTRACT AND VENDOR IMPLICATIONS: Sellers operating at scale should assess whether the Seller Policy change mechanism aligns with their own financial planning and margin requirements. Any seller agreement or partnership contract should reference the current Seller Policy version and include provisions addressing the effect of fee changes on existing commercial arrangements. 5. COMPLIANCE CONSIDERATIONS: Legal teams advising seller clients should ensure they have reviewed the current Seller Policy for applicable commission rates and payout conditions, and should monitor for Seller Policy updates that may trigger contract review obligations.
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The commission and fee terms applicable to sellers are set by a separately referenced Seller Policy that Whatnot may update, meaning the financial terms of seller participation are subject to change outside of the Terms of Service document itself. Sellers should monitor the Seller Policy for changes affecting commission rates.
Sellers on Whatnot are subject to commission fees on each sale as defined in the Seller Policy, which may be updated by Whatnot with notice. The specific rates and any fee schedule are not fixed within the Terms of Service and are governed by a separately maintained policy document.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Whatnot.