Dutyfreezone Services Business Solutions Agreement

The version of this Agreement in English is the definitive legal version.

General Terms

Welcome to Dutyfreezone Services Business Solutions, a suite of optional services for sellers including: Selling on Dutyfreezone, Fulfillment by Dutyfreezone, Dutyfreezone Advertising, Transaction Processing Services, and the Selling Partner API.

THIS DUTYFREEZONE SERVICES BUSINESS SOLUTIONS AGREEMENT (THE "AGREEMENT") CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND DUTYFREEZONE. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES THAT APPLY FOR EACH COUNTRY FOR WHICH YOU REGISTER OR ELECT TO USE A SERVICE (IN EACH CASE, THE "ELECTED COUNTRY").

As used in this Agreement, "we," "us," and "Dutyfreezone" means the applicable Dutyfreezone Contracting Party and any of its applicable Affiliates, and "you" means the applicant (if registering for or using a Service as an individual), or the business employing the applicant (if registering for or using a Service as a business) and any of its Affiliates. Capitalized terms have the meanings given to them in this Agreement. If there is any conflict between these General Terms and the applicable Service Terms and Program Policies, the General Terms will govern and the applicable Service Terms will prevail over the Program Policies.

1. Enrollment.

To begin the enrollment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law (for example, the Elected Country may not allow minors to use the Services). As part of the application, you must provide us with your (or your business') legal name, address, phone number and e-mail address, as well as any other information we may request. Any personal data you provide to us will be handled in accordance with Dutyfreezone’s Privacy Notice.

1. Service Fee Payments; Receipt of Sales Proceeds.

Fee details are described in the applicable Service Terms and Program Policies. You are responsible for all of your expenses in connection with this Agreement. To use a Service, you must provide us with valid credit card information from a credit card or credit cards acceptable by Dutyfreezone ("Your Credit Card") as well as valid bank account information for a bank account or bank accounts acceptable by Dutyfreezone (conditions for acceptance may be modified or discontinued by us at any time without notice) ("Your Bank Account"). You will use only a name you are authorized to use in connection with a Service and will update all of the information you provide to us in connection with the Services as necessary to ensure that it at all times remains accurate, complete, and valid. You authorize us (and will provide us documentation evidencing your authorization upon our request) to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in reimbursement or otherwise). All payments to you will be remitted to Your Bank Account through a banking network or by other means specified by us.

If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Dutyfreezone or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to Dutyfreezone or third parties persist. For any amounts that we determine you owe us, we may (a) charge Your Credit Card or any other payment instrument you provide to us; (b) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (c) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (d) reverse any credits to Your Bank Account; or (e) collect payment or reimbursement from you by any other lawful means. If we determine that your account—or any other account you have operated—has been used to engage in deceptive, fraudulent, or illegal activity (including the sale of counterfeit goods), or to repeatedly violate our Program Policies, then we may in our sole discretion permanently withhold any payments to you. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency.

In addition, we may require that you pay other amounts to secure the performance of your obligations under this Agreement or to mitigate the risk of returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Dutyfreezone or third parties. These amounts may be refundable or nonrefundable in the manner we determine, and failure to comply with terms of this Agreement, including any applicable Program Policies, may result in their forfeiture.

As a security measure, we may, but are not required to, impose transaction limits on some or all customers and sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to you: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a customer to withdraw from a transaction because an Dutyfreezone Site or Service is unavailable following the commencement of a transaction.

1. Term and Termination.

The term of this Agreement will start on the date of your completed registration for use of a Service and continue until terminated by us or you as provided below. You may at any time terminate your account or this Agreement immediately on notice to us via Seller Central, email, the Contact Us form, or similar means. We may terminate your account or this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your account or this Agreement immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent, or illegal activity; (c) your use of the Services has harmed, or our controls identify that it might harm, other sellers, customers, or Dutyfreezone’s legitimate interests; or (d) your Account Health Rating falls below our published threshold(s) for deactivation. We will promptly notify you of any such termination or suspension via email or similar means including Seller Central, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination, and (e) Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, and 18 of these General Terms survive.

1. License.

You grant us a royalty-free, non-exclusive, worldwide right and license for the duration of your original and derivative intellectual property rights to use any and all of Your Materials for the Services or other Dutyfreezone product or service, and to sublicense the foregoing rights to our Affiliates and operators of Dutyfreezone Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using standard functionality made available to you via the applicable Dutyfreezone Site or Service); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).

1. Representations.

Each party represents and warrants that: (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the country in which the business is registered and that you are registering for the Service(s) within such country; (b) it has all requisite right, power, and authority to enter into this Agreement, perform its obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by one party to the other party or its Affiliates is at all times accurate and complete; (d) it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority; and (e) it will comply with all applicable Laws in performance of its obligations and exercise of its rights under this Agreement.

1. Indemnification.

6.1 Your indemnification obligations. You will defend, indemnify, and hold harmless Dutyfreezone, and our officers, directors, employees, and agents, against any third-party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to (a) your non-compliance with applicable Laws; (b) Your Products, including the offer, sale, fulfillment (except to the extent attributable to the FBA service), refund, cancellation, return, or adjustments thereof, Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by Dutyfreezone), or property damage related thereto; (c) Your Taxes and duties or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or (d) actual or alleged breach of any representations you have made.

6.2 Dutyfreezone’s indemnification obligations. Dutyfreezone will defend, indemnify, and hold harmless you and your officers, directors, employees, and agents against any third-party Claim arising from or related to: (a) Dutyfreezone’s non-compliance with applicable Laws; or (b) allegations that the operation of an Dutyfreezone Site infringes or misappropriates that third party’s intellectual property rights.

6.3 Process. If any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable Law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.

1. Disclaimer & General Release.

1. THE DUTYFREEZONE SITES AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU USE THE DUTYFREEZONE SITES, THE SERVICES, AND SELLER CENTRAL AT YOUR OWN RISK. EXCEPT THOSE SET FORTH IN SECTION 5 ABOVE, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE DUTYFREEZONE SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.
2. BECAUSE DUTYFREEZONE IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES DUTYFREEZONE (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

1. Limitation of Liability.

WE WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF DUTYFREEZONE HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR SIX MONTH PERIOD PAID BY YOU TO DUTYFREEZONE IN CONNECTION WITH THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM.

1. Insurance.

If the gross proceeds from Your Transactions exceed the applicable Insurance Threshold during any month if the Elected Country is the United States, or each month over any period of three (3) consecutive months if the Elected Country is Canada or Mexico, or otherwise if requested by us, then within thirty (30) days thereafter, you will maintain at your expense throughout the remainder of the Term for each applicable Elected Country commercial general, umbrella or excess liability insurance with the Insurance Limits per occurrence and in aggregate covering liabilities caused by or occurring in conjunction with the operation of your business, including products, products/completed operations and bodily injury, with policy(ies) naming Dutyfreezone and its assignees as additional insureds. At our request, you will provide to us certificates of insurance, the full insurance policy, or other documents we may request for the coverage to the following address: c/o Dutyfreezone, P.O. Box 81226, Seattle, WA 98108-1226, Attention: Risk Management.

1. Tax Matters.

As between the parties, you will be responsible for the collection, reporting, and payment of any and all of Your Taxes, except to the extent that (i) Dutyfreezone automatically calculates, collects, or remits taxes on your behalf according to applicable law; or (ii) Dutyfreezone expressly agrees to receive taxes or other transaction-based charges on your behalf in connection with tax calculation services made available by Dutyfreezone and used by you. You agree to and will comply with the Tax Policies. All fees and payments payable by you to Dutyfreezone under this Agreement or the applicable Service Terms are exclusive of any applicable taxes, deductions or withholding (including but not limited to cross-border withholding taxes), and you will be responsible for paying Dutyfreezone any of Your Taxes imposed on such fees and any deduction or withholding required on any payment.

1. Confidentiality and Personal Data.

During the course of your use of the Services, you may receive Confidential Information. You agree that for the term of the Agreement and 5 years after termination: (a) all Confidential Information will remain Dutyfreezone's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not otherwise disclose Confidential Information to any other Person except as required to comply with the Law; (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (e) you will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfill your statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfillment of statutory obligations. The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way. You may only use the "Available at Dutyfreezone" badge as defined in and according to the Trademark Usage Guidelines available in Seller Central; you may not use our name, trademarks, or logos in any way (including in promotional material) not covered by the Trademark Usage Guidelines without our advance written permission.

Generally, you may not use customer personal data in any way inconsistent with applicable Law. You must keep customer personal data confidential at all times (the above 5 years’ term limit does not apply to customer personal data).

1. Force Majeure.

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

1. Relationship of Parties.

Subject to the Transaction Processing Service Terms (if the Elected Country for a Service is the United States), you and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions in this Agreement are intended to be and are for the sole and exclusive benefit of Dutyfreezone, you, and customers. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.

1. Suggestions and Other Information.

If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to any Dutyfreezone Site or Service (including any related Technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. If we make suggestions on using the Services, you are responsible for any actions you take based on our suggestions.

1. Modification.

15.1. We will provide at least 15 days’ advance notice in accordance with Section 18 for changes to the Agreement.

15.2 However, we may change or modify the Agreement at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or (c) to restrict products or activities that we deem unsafe, inappropriate, or offensive. We will notify you about any change or modification in accordance with Section 18.

15.3 Your continued use of the Services after the effective date of any change to this Agreement in accordance with this Section 15 will constitute your acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement as described in Section 3.

1. Password Security.

Any password we provide to you may be used only during the Term to access Seller Central (or other tools we provide, as applicable) to use the Services, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.

1. Export.

You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority.

1. Miscellaneous.

The Governing Laws will govern this Agreement, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. If the Elected Country is the United States, Canada, or Mexico, Dutyfreezone and you both consent that any dispute with Dutyfreezone or its Affiliates or claim relating in any way to this Agreement or your use of the Services will be resolved by binding arbitration as described in this paragraph, rather than in court, except that (i) you may assert claims in a small claims court that is a Governing Court if your claims qualify; (ii) you or we may bring suit in the Governing Courts, submitting to the jurisdiction of the Governing Courts and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights; and (iii) we may bring any claims related to your sale of counterfeit products on the Dutyfreezone Site in the Governing Courts and seek any remedy available under law related to those claims. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Before you may begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, CSC 300 Deschutes Way SW, Suite 208 MC-CSC1, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. The expedited procedures of the AAA’s rules will apply only in cases seeking exclusively monetary relief under $50,000, and in such cases the hearing will be scheduled to take place within 90 days of the arbitrator’s appointment. Likewise, Dutyfreezone will not seek attorneys' fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. Dutyfreezone and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Dutyfreezone and you each waive any right to a jury trial.

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void; provided, however, that upon notice to Dutyfreezone, you may assign or transfer this Agreement, in whole or in part, to any of your Affiliates as long as you remain liable for your obligations that arose prior to the effective date of the assignment or transfer under this Agreement. You agree that we may assign or transfer our rights and obligations under this Agreement: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transaction; or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Dutyfreezone as the party to this Agreement. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Dutyfreezone retains the right to immediately halt any of Your Transactions, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by applicable Program Policies. Because Dutyfreezone is not your agent (except for the limited purpose set out in the Transaction Processing Service Terms (if the Elected Country for a Service is the United States)), or the customer’s agent for any purpose, Dutyfreezone will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction.

Dutyfreezone will provide notice to you under this Agreement by posting changes to Seller Central or to the applicable Dutyfreezone Services site to which the changes relate (such as the Developer Site accessible through your account), by sending you an email notification, or by similar means. You must send all notices and other communications relating to Dutyfreezone to our Selling Partner Support team via Seller Central, email, the Contact Us form, or similar means. We may also communicate with you electronically and in other media, and you consent to such communications. You may change your e-mail addresses and certain other information in Seller Central, as applicable. You will ensure that all of your information is up to date and accurate at all times.

If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. If the Elected Country is Canada, then it is the express wish of the parties that this Agreement and the applicable Service Terms and Program Policies have been drafted in English. (The following is a French translation of the preceding sentence: Si le pays de service est le Canada, les parties conviennent que la présente autorisation et tous les termes et conditions applicables s'y rattachant soient rédigés en anglais.) We may make available translations to this Agreement and the applicable Service Terms and Program Policies, but the English version will control. This Agreement represents the entire agreement between the parties with respect to the Services and related subject matter and supersedes any previous or contemporaneous oral or written agreements and understandings.

Definitions

As used in this Agreement, the following terms have the following meanings:

"Affiliate" means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity.

"Dutyfreezone Associated Properties" means any website or other online point of presence, mobile application, service or feature, other than an Dutyfreezone Site, through which any Dutyfreezone Site, or products or services available on any of them, are syndicated, offered, merchandised, advertised, or described.

"Dutyfreezone Contracting Party" means the party outlined below.

• If the Elected Country is Canada:

Service	Dutyfreezone Contracting Party
Selling on Dutyfreezone	Dutyfreezone.com.ca, Inc.
Selling on Dutyfreezone (if your account is enabled to list Optional Coverage Plans)	Dutyfreezone.com.ca, Inc.
Fulfillment by Dutyfreezone	Dutyfreezone.com.ca, Inc.
Dutyfreezone Advertising	Dutyfreezone Advertising Canada, Inc.

• If the Elected Country is Mexico:

Service	Dutyfreezone Contracting Party
Selling on Dutyfreezone	Servicios Comerciales Dutyfreezone México S. de R.L. de C.V.
Fulfillment by Dutyfreezone	Servicios Comerciales Dutyfreezone México S. de R.L. de C.V.
Dutyfreezone Advertising	Servicios Comerciales Dutyfreezone México S. de R.L. de C.V.

• If the Elected Country is the United States:

Service	Dutyfreezone Contracting Party
Selling on Dutyfreezone	Dutyfreezone.com Services LLC
Selling on Dutyfreezone (if your account is enabled to list Optional Coverage Plans)	Dutyfreezone.com Services LLC
Fulfillment by Dutyfreezone	Dutyfreezone.com Services LLC
Dutyfreezone Advertising	Dutyfreezone.com Services LLC
Transaction Processing Services	Dutyfreezone Payments, Inc., Dutyfreezone Capital Services, Inc., or Dutyfreezone.com Services LLC, according to the Transaction Processing Services Terms

If you register for or use the Selling Partner API, the Dutyfreezone Contracting Party is the Contracting Party that provides the applicable Service you use in connection with the Selling Partner API.

"Dutyfreezone Site" means, as applicable, the CA Dutyfreezone Site, the MX Dutyfreezone Site, or the US Dutyfreezone Site.

"CA Dutyfreezone Site" means the website, the primary home page of which is identified by the url www.dutyfreezone.ca, and any successor or replacement of such website.

"Confidential Information" means information relating to us, to the Services, or Dutyfreezone customers that is not known to the general public including, but not limited to, any information identifying or unique to specific customers; reports, insights, and other information about the Services; data derived from the Services except for data (other than customer personal data) arising from the sale of your products comprising of products sold, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the Services. For the purposes of this Agreement, customer personal data constitutes Confidential Information at all times.

"Content" means copyrightable works under applicable Law and content protected by database rights under applicable Law.

"Excluded Products" means the items described on the applicable Restricted Products pages in Seller Central, any other applicable Program Policy, or any other information made available to you by Dutyfreezone.

"Governing Courts" means the applicable one of the following:

• the state or Federal court in King County, Washington (if the Elected Country is Canada, Mexico, or the United States),

"Governing Laws" means the applicable one of the following:

• the laws of the State of Washington, United States together with the Federal Arbitration Act and other applicable federal law (if the Elected Country is Canada, Mexico, or the United States),

"Insurance Limits" means the applicable one of the following:

• One Million Canadian Dollars ($1,000,000) (if the Elected Country is Canada),
• Ten Million Mexican Pesos ($10,000,000) (if the Elected Country is Mexico),
• One Million U.S. Dollars ($1,000,000) (if the Elected Country is the United States).

"Insurance Threshold" means the applicable one of the following:

• Ten Thousand Canadian Dollars ($10,000) (if the Elected Country is Canada),
• One Hundred Thousand Mexican Pesos ($100,000) (if the Elected Country is Mexico),
• Ten Thousand U.S. Dollars ($10,000) (if the Elected Country is the United States).

"Intellectual Property Right" means any patent, copyright, Trademark, domain name, moral right, trade secret right, or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.

"Law" means any law, ordinance, rule, regulation, order, license, permit, judgment, decision, or other requirement, now or in the future in effect, of any governmental authority (e.g., on a federal, state, or provincial level, as applicable) of competent jurisdiction.

"Local Currency" means the applicable one of the following:

• U.S. Dollars (if the Elected Country is the United States),
• Canadian Dollars (if the Elected Country is Canada),
• Mexican Pesos (if the Elected Country is Mexico),

"MX Dutyfreezone Site" means the website, the primary home page of which is identified by the url www.dutyfreezone.com.mx, and any successor or replacement of such website.

"Optional Coverage Plans" means warranties, extended service plans and related offerings, in each case as determined by us, that you offer.

"Order Information" means, with respect to any of Your Products ordered through an Dutyfreezone Site, the order information and shipping information that we provide or make available to you.

"Person" means any individual, corporation, partnership, limited liability company, governmental authority, association, joint venture, division, or other cognizable entity, whether or not having distinct legal existence.

"Program Policies" means all policies and program terms provided on the Program Policies page.

"Sales Proceeds" means the gross proceeds from any of Your Transactions, including (a) all shipping and handling, gift wrap and other charges; (b) taxes and customs duties to the extent specified in the applicable Tax Policies; and (c) in the case of invoiced orders, any amounts that customers fail to pay to us or our Affiliates on or before the applicable invoice due date.

"Seller Central" means the online portal and tools made available by Dutyfreezone to you, for your use in managing your orders, inventory, and presence on a particular Dutyfreezone Site or any other online point of presence.

"Service" means each of the following services: Selling on Dutyfreezone, Fulfillment by Dutyfreezone, Dutyfreezone Advertising (including Dutyfreezone Sponsored Products), the Selling Partner APIs, and, if the Elected Country for a Service is the United States, the Transaction Processing Services, together in each case with any related services and materials we make available.

"Service Terms" means the service terms applicable to each Service, which are made part of this Agreement upon the date you elect to register for or use the applicable Service, and any subsequent modifications we make to those terms.

"Technology" means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology, or other functional item.

"Trademark" means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia, or any other source or business identifier, protected or protectable under any Laws.

"US Dutyfreezone Site" means that website, the primary home page of which is identified by the URL www.dutyfreezone.com, and any successor or replacement of such website.

"Your Materials" means all Technology, Your Trademarks, Content, Your Product information, data, materials, and other items or information provided or made available by you or your Affiliates to Dutyfreezone or its Affiliates.

"Your Personnel" means any third party warranting, administering or otherwise involved in the offer, sale, performance, or fulfillment of Your Products, including any of your employees, representatives, agents, contractors, or subcontractors.

"Your Product" means any product or service (including Optional Coverage Plans) that you: (a) have offered through the Selling on Dutyfreezone Service; (b) have made available for advertising through the Dutyfreezone Advertising Service; or (c) have fulfilled or otherwise processed through the Fulfillment by Dutyfreezone Service.

"Your Sales Channels" means all sales channels and other means through which you or any of your Affiliates offers products or services, other than physical stores.

"Your Taxes" means any and all sales, goods and services, use, excise, premium, import, export, value added, consumption, and other taxes, regulatory fees, levies (specifically including environmental levies), or charges and duties assessed, incurred, or required to be collected or paid for any reason (a) in connection with any advertisement, offer or sale of products or services by you on or through or in connection with the Services; (b) in connection with any products or services provided for which Your Products are, directly or indirectly, involved as a form of payment or exchange; or (c) otherwise in connection with any action, inaction, or omission of you or your Affiliates, or any Persons providing products or services, or your or their respective employees, agents, contractors, or representatives, for which Your Products are, directly or indirectly, involved as a form of payment or exchange. Also, if the Elected Country is the United States, Mexico, or Canada as it is used in the Fulfillment by Dutyfreezone Service Terms, this defined term also means any of the types of taxes, duties, levies, or fees mentioned above that are imposed on or collectible by Dutyfreezone or any of its Affiliates in connection with or as a result of fulfillment services including the storage of inventory or packaging of Your Products and other materials owned by you and stored by Dutyfreezone, shipping, gift wrapping, or other actions by Dutyfreezone in relation to Your Products pursuant to the Fulfillment by Dutyfreezone Service Terms.

"Your Trademarks" means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.

"Your Transaction" means any sale of Your Product(s) through an Dutyfreezone Site.

Selling on Dutyfreezone Service Terms

The Selling on Dutyfreezone Service ("Selling on Dutyfreezone") is a Service that allows you to offer certain products and services directly on the Dutyfreezone Sites.

These Selling on Dutyfreezone Service Terms are part of the Agreement, but, unless specifically provided otherwise, concern and apply only to your participation in Selling on Dutyfreezone. BY REGISTERING FOR OR USING THE SELLING ON DUTYFREEZONE SERVICE, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THESE SELLING ON DUTYFREEZONE SERVICE TERMS. NOTWITHSTANDING THE PREVIOUS SENTENCE, IF YOU HAVE ENTERED INTO A SEPARATE AGREEMENT THAT PERMITS YOU TO OFFER YOUR PRODUCTS THROUGH A PARTICULAR DUTYFREEZONE SITE (E.G., A [email protected] DUTYFREEZONE.COM PROGRAM AGREEMENT, MERCHANTS @DUTYFREEZONE.CO.JP PROGRAM AGREEMENT OR ANY PREDECESSOR OF THOSE AGREEMENTS), THEN TO THE EXTENT THAT YOU CONTINUE TO LIST AND SELL YOUR PRODUCTS ON THAT DUTYFREEZONE SITE PURSUANT TO SUCH SEPARATE AGREEMENT, TRANSACTIONS OF YOUR PRODUCTS ON THAT DUTYFREEZONE SITE AND ANY TAX SERVICES WE MAKE AVAILABLE UNDER THAT AGREEMENT ARE GOVERNED BY THE TERMS OF THAT AGREEMENT AND NOT BY THESE SELLING ON DUTYFREEZONE SERVICE TERMS.

S-1 Your Product Listings and Orders.

S-1.1 Products and Product Information. You will provide accurate and complete Required Product Information for each product or service that you offer through any Dutyfreezone Site and promptly update that information as necessary to ensure it at all times remains accurate and complete. You will also ensure that Your Materials, Your Products (including packaging) and your offer and subsequent sale of any of the same on any Dutyfreezone Site comply with all applicable Laws (including all minimum age, marking and labeling requirements) and do not contain any sexually explicit (except to the extent expressly permitted under our applicable Program Policies), defamatory or obscene materials. You may not provide any information for, or otherwise seek to offer any Excluded Products on any Dutyfreezone Sites; or provide any URL Marks for use, or request that any URL Marks be used, on any Dutyfreezone Site. If you offer a product for sale on an Dutyfreezone Site that requires a warning under California Health & Safety Code Section 25249.6 (a “Proposition 65 Warning”) you (a) will provide us with such warning in the manner specified in our Program Policies, (b) agree that our display of a Proposition 65 Warning on a product detail page is confirmation of our receipt of that warning, and (c) will only revise or remove a Proposition 65 Warning for a product when the prior warning is no longer legally required.

S-1.2 Product Listing; Merchandising; Order Processing. We will enable you to list Your Products on a particular Dutyfreezone Site, and conduct merchandising and promote Your Products in accordance with the Agreement (including via the Dutyfreezone Associated Properties or any other functions, features, advertising, or programs on or in connection with the applicable Dutyfreezone Site). We may use mechanisms that rate, or allow shoppers to rate, Your Products and your performance as a seller and Dutyfreezone may make these ratings and feedback publicly available. We will provide Order Information to you for each order of Your Products through the applicable Dutyfreezone Site. We will also receive all Sales Proceeds on your behalf for each of these transactions and will have exclusive rights to do so, and will remit them to you in accordance with these Selling on Dutyfreezone Service Terms. We may permit certain customers to place invoiced orders for Your Products, in which case remittance of Sales Proceeds may be delayed according to each customer’s invoicing terms. You will accept and fulfill invoiced orders in the same manner as you accept and fulfill non-invoiced orders, except as otherwise provided in this Agreement.

S-1.3 Shipping and Handling Charges. For Your Products ordered by customers on or through an Dutyfreezone Site that are not fulfilled using Fulfillment by Dutyfreezone, you will determine the shipping and handling charges subject to our Program Policies and standard functionality (including any category-based shipping and handling charges we determine, such as for products offered by sellers on the Individual selling plan and BMVD Products generally). When we determine the shipping and handling charges, you will accept them as payment in full for your shipping and handling. Please refer to the Fulfillment by Dutyfreezone Service Terms for Your Products that are fulfilled using Fulfillment by Dutyfreezone.

S-1.4 Credit Card Fraud and Unpaid Invoices. We will bear the risk of (a) credit card fraud (i.e., a fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Your Transactions, and (b) late payments or defaults by customers in connection with invoiced orders for Your Products, except, in each case, in connection with Seller-Fulfilled Products that are not fulfilled strictly in accordance with the Order Information and Shipment Information. You will bear all other risk of fraud or loss.

S-2 Sale and Fulfillment; Refunds and Returns.

S-2.1 Sale and Fulfillment. Other than as described in the Fulfillment by Dutyfreezone Service Terms for each Dutyfreezone Site for which you decide to register or use the Selling on Dutyfreezone Service, you will: (a) source, offer, sell, and fulfill your Seller-Fulfilled Products, and source, offer, and sell your Dutyfreezone-Fulfilled Products, in each case in accordance with the terms of the applicable Order Information, this Agreement, and all terms provided by you or us and displayed on the applicable Dutyfreezone Site at the time of the order and be solely responsible for and bear all risk for those activities; (b) package each of Your Products in a commercially reasonable manner complying with all applicable packaging and labeling requirements, including any warnings or instructions necessary to safely use Your Products, and ship each of Your Products on or before its Expected Ship Date; (c) retrieve Order Information at least once each business day; (d) only cancel Your Transactions as permitted pursuant to your terms and conditions appearing on the applicable Dutyfreezone Site at the time of the applicable order or as may be required under this Agreement; (e) fulfill Your Products throughout the Elected Country (except to the extent prohibited by Law or this Agreement); (f) provide to Dutyfreezone information regarding fulfillment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, and we may make any of this information publicly available; (g) comply with all Street Date instructions; (h) ensure that you are the seller of each of Your Products; (i) include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of Your Products; (j) identify yourself as the seller of each of Your Products on all packing slips or other information included or provided in connection with Your Products and as the Person to which a customer may return the applicable product; and (k) not send customers emails confirming orders or fulfillment of Your Products. If any of Your Products are fulfilled using Fulfillment by Dutyfreezone, the Fulfillment by Dutyfreezone Service Terms for the applicable Dutyfreezone Site will apply to the storage, fulfillment, and delivery of such Dutyfreezone-Fulfilled Products.

S-2.2 Cancellations, Returns, and Refunds. The Dutyfreezone Refund Policies for the applicable Dutyfreezone Site will apply to Your Products. Subject to Section F-6, for any of Your Products fulfilled using Fulfillment by Dutyfreezone, you will promptly accept, calculate, and process cancellations, returns, refunds, and adjustments in accordance with this Agreement and the Dutyfreezone Refund Policies for the applicable Dutyfreezone Site, using functionality we enable for your account. Without limiting your obligations, we may in our sole discretion accept, calculate, and process cancellations, returns, refunds, and adjustments for the benefit of customers. You will route any payments to customers in connection with Your Transactions through Dutyfreezone. We will make any payments to customers in the manner we determine, and you will reimburse us for all amounts we pay.

S-3 Problems with Your Products.

S-3.1 Delivery Errors and Nonconformities; Recalls. You are responsible for any non-performance, non-delivery, misdelivery, theft, or other mistake or act in connection with the fulfillment of Your Products, except to the extent caused by: (a) credit card fraud for which we are responsible under Section S-1.4; or (b) our failure to make available to you Order Information as it was received by us or resulting from address verification. Notwithstanding the previous sentence, for those of Your Products that are fulfilled using Fulfillment by Dutyfreezone, if any, the Fulfillment by Dutyfreezone Service Terms for the applicable Dutyfreezone Site will apply to non-delivery, misdelivery, theft, or other mistake or act in connection with the fulfillment of those of Your Products. You are also responsible for any non-conformity or defect in, any public or private recall of, or safety alert of any of Your Products or other products provided in connection with Your Products. You will notify us promptly as soon as you have knowledge of any public or private recalls, or safety alerts of Your Products or other products provided in connection with Your Products.

S-3.2 A-to-z Guarantee and Chargebacks if the Elected Country is Canada or Mexico. If we inform you that we have received or initiated a claim under the "A-to-z Guarantee" offered on a particular Dutyfreezone Site or other dispute relating to the offer, sale or fulfillment of Your Products (other than a chargeback), concerning one of Your Transactions, you will have 30 days to appeal our decision of the claim. If we find that a claim, chargeback, or dispute is your responsibility, you (a) will not take recourse against the customer, and (b) are responsible for reimbursing us in accordance with the Service Fee Payments section of this Agreement for the amount paid by the customer (including taxes and shipping and handling charges, but excluding any Referral Fees that we retained as defined in Section S-4), and all other fees and expenses associated with the original transaction (such as credit card, bank, payment processing, re-presentment, or penalty fees) and any related chargebacks or refunds, to the extent payable by us.

S-3.3 A-to-z Guarantee, A-to-z Claims Process, and Chargebacks if the Elected Country is the United States. Claims that we receive or initiate under the "A-to-z Guarantee" or the “A-to-z Claims Process for Property Damage and Personal Injury” will be governed by the Program Policy for such claims.

If we find that any claim, chargeback, or dispute is your responsibility, (i) you will not take recourse against the customer, and (ii) if Dutyfreezone resolves the claim directly with the customer and does not waive its right of indemnification, you will reimburse us in accordance with Section 2 of this Agreement to the extent of your responsibility (not to exceed the amount paid by Dutyfreezone to resolve the claim), including taxes and shipping and handling charges (but excluding any Referral Fees that we retained as defined in Section S-4), and all other fees and expenses associated with the original transaction (such as credit card, bank, payment processing, re-presentment, or penalty fees) and any related chargebacks or refunds.

S-4 Compensation.

You will pay us: (a) the applicable Referral Fees; (b) any applicable Variable Closing Fee; (c) the non-refundable Selling on Dutyfreezone Subscription Fee in advance each month; and (d) any other applicable fees described in this Agreement (including any applicable Program Policies). "Selling on Dutyfreezone Subscription Fee" means the fee specified as such on the Selling on Dutyfreezone Fee Schedule for the applicable Dutyfreezone Site at the time such fee is payable. With respect to each of Your Transactions: (i) "Sales Proceeds" has the meaning set out in this Agreement; (ii) "Variable Closing Fee" means the applicable fee, if any, as specified on the Variable Closing Fee Schedule for the applicable Dutyfreezone Site; and (iii) "Referral Fee" means the applicable fee based on the Sales Proceeds from Your Transaction through the applicable Dutyfreezone Site specified on the Selling on Dutyfreezone Fee Schedule for that Dutyfreezone Site at the time of Your Transaction, based on the categorization by Dutyfreezone of the type of product that is the subject of Your Transaction; provided, however, that Sales Proceeds will not include any shipping charges set by us in the case of Your Transactions that consist solely of products fulfilled using Fulfillment by Dutyfreezone.

S-5 Remittance of Sales Proceeds & Refunds.

Except as otherwise stated in this Agreement, we will remit to you your available balance on a bi-weekly (14 day) (or at our option, more frequent) basis, which may vary for each Elected Country. For each remittance, your available balance is equal to any Sales Proceeds not previously remitted to you as of the applicable Remittance Calculation Date (which you will accept as payment in full for Your Transactions), less: (a) the Referral Fees; (b) the applicable Variable Closing Fee; (c) any Selling on Dutyfreezone Subscription Fees; (d) any other applicable fees described in this Agreement (including any applicable Program Policies); (e) any amounts we require you to maintain in your account balance pursuant to this Agreement (including payments withheld pursuant to Section 2 of the General Terms, Section S-1.4, Section S-3.2, Section S-3.3, and applicable Program Policies); and (f) any taxes that Dutyfreezone automatically calculates, collects and remits to a tax authority according to applicable law, as specified in the Tax Policies.

We may establish a reserve on your account based on our assessment of risks to Dutyfreezone or third parties posed by your actions or performance, and we may modify the amount of the reserve from time to time at our sole discretion.

When you either initially provide or later change Your Bank Account information, the Remittance Calculation Date may be deferred by up to 14 days. For sellers that registered after October 30, 2011 and are on the Individual selling plan, the remittance amount will not include Sales Proceeds from the 14-day period before the date of remittance. If you refund money to a customer in connection with one of Your Transactions, and the refund is routed through us (or our Affiliate), on the next available Remittance Calculation Date we will refund to you the amount of the Referral Fee paid by you to us attributable to the amount of the customer refund (including refunded taxes and customs duties only to the extent specified in the applicable Tax Policies), less the Refund Administration Fee for each of Your Products refunded that is not a BMVD Product, which amount we may retain as an administrative fee; provided, however, that in the case of a complete refund of Sales Proceeds for a Media Product, we will refund to you the full amount of any Variable Closing Fee paid by you to us (and in the case of a partial refund of Sales Proceeds for a Media Product, we will not refund to you any portion of any Variable Closing Fee paid by you to us). We will remit any amounts to be refunded by us pursuant to this subsection from time to time together with the next remittance to be made by us to you. “Refund Administration Fee” means the applicable fee described on the Refund Administration Fee Schedule for the applicable Dutyfreezone Site.

Net Sales Proceeds from non-invoiced orders will be credited to your available balance when they are received by us or our Affiliates. Sales Proceeds from invoiced orders will be credited to your available balance: (a) if you have elected in advance to pay a fee to accelerate remittance of Sales Proceeds from invoiced orders, on the day all of Your Products included in an invoiced orders are shipped; or (b) otherwise, no later than the seventh day following the date that an invoiced order becomes due.

S-6 Dutyfreezone’s Websites and Services.

Dutyfreezone has the right to determine, the design, content, functionality, availability and appropriateness of its websites, selection, and any product or listing in the Dutyfreezone Stores, and all aspects of each Service, including your use of the same. Dutyfreezone may assign any of these rights or delegate any of its responsibilities.

S-7 Continuing Guarantees

Guarantees. We require the following continuing guarantees from you.

S-7.1 Pesticides. If any of Your Products is a “pesticide” being offered or sold in the United States or other product regulated under the US Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) or its implementing regulations, then you provide to us the following continuing guaranty that: (a) you are a resident of the United States; and (b) with respect to each such product, the pesticides and other FIFRA regulated products comprising each sale, shipment, or other delivery made previously or hereafter are: (i) lawfully registered with the US Environmental Protection Agency at the time of sale, shipment, or delivery, or fully qualified for a specific exemption from the FIFRA registration requirements at the time of sale, shipment, or delivery, (ii) compliant with all requirements of FIFRA and its implementing regulations at the time of sale, shipment, or delivery, and (iii) provided by you in the original, unbroken packaging.

S-7.2 Foods, Drugs, Medical Devices, and Cosmetics. If any of Your Products is a “food”, “drug”, “medical device”, or “cosmetic” being offered or sold in the United States or other product regulated under the U.S. Federal Food, Drug, and Cosmetic Act (“FFDCA”) or its implementing regulations, then you provide us with the following continuing guaranty that with respect to all such products comprising each sale, shipment, or other delivery made previously or hereafter are: (i) not adulterated or misbranded within the meaning of the FFDCA, (ii) compliant with all requirements of FFDCA and its implementing regulations at the time of sale, shipment, or delivery, and (iii) provided by you in the original, unbroken packaging.

Selling on Dutyfreezone Definitions

"Dutyfreezone-Fulfilled Products" means any of Your Products that are fulfilled using the Fulfillment by Dutyfreezone Service.

"Dutyfreezone Refund Policies" means the return and refund policies published on the applicable Dutyfreezone Site and applicable to products and services offered via that Dutyfreezone Site.

"BMVD Product" means any book, magazine or other publication, sound recording, video recording, and/or other media product in any format, including any subscription, in each case excluding any software product, computer game, and/or video game.

"Excluded Offer" means any discount, rebate, promotional offer, or other term of offer and/or sale that you: (a) have attempted to make available through a particular Dutyfreezone Site but that we do not honor or support (but only until such time as we honor or support the same on such Dutyfreezone Site); or (b) make available solely to third parties that either (i) purchase products solely for resale and who are not end users of such products (i.e., wholesale purchasers), or (ii) if the Elected Country is Canada, Mexico, or the United States, have affirmatively elected and opted-in to participate in your or one of your Affiliates' membership-based customer loyalty or customer incentive programs.

"Expected Ship Date" means, with respect to any of Your Products, either: (a) the end of the shipping availability period (which begins as of the date on which the relevant order is placed by the customer), or the shipping availability date, as applicable, specified by you in the relevant inventory/product data feed for Your Product; or (b) if you do not specify shipping availability information in such inventory/product data feed or that Your Product is in a product category that Dutyfreezone designates as requiring shipment within two (2) business days, two (2) business days after the date on which the relevant order is placed by the customer.

"Media Product" means any book, magazine or other publication, sound recording, video recording, software product, computer game, videogame, or other media product in any format, including any related subscription, offered through an Dutyfreezone Site.

"Purchase Price" means the total amount payable or paid for Your Product (including taxes and shipping and handling charges only to the extent specified in the applicable Tax Policies).

"Remittance Calculation Date" is the date that is two (2) business days prior to the date of remittance (the "Remittance Calculation Date").

"Required Product Information" means, with respect to each of Your Products in connection with a particular Dutyfreezone Site, the following (except to the extent expressly not required under the applicable Program Policies): (a) description, including as applicable, location-specific availability and options, scheduling guidelines and service cancellation policies; (b) SKU and UPC/EAN/JAN numbers, and other identifying information as Dutyfreezone may reasonably request; (c) information regarding in-stock status and availability, shipping limitations or requirements, and Shipment Information (in each case, in accordance with any categorizations prescribed by Dutyfreezone from time to time); (d) categorization within each Dutyfreezone product category and browse structure as prescribed by Dutyfreezone from time to time; (e) digitized image that accurately depicts only Your Product, complies with all Dutyfreezone image guidelines, and does not include any additional logos, text or other markings; (f) Purchase Price; (g) shipping and handling charge (in accordance with our standard functionality); (h) any text, disclaimers, warnings, notices, labels, warranties, or other content required by applicable Law to be displayed, or that are necessary for the safe use of Your Product, in connection with the offer, merchandising, advertising, or sale of Your Product; (i) any vendor requirements, restocking fees or other terms and conditions applicable to such product that a customer should be aware of prior to purchasing the product; (j) brand; (k) model; (l) product dimensions; (m) weight; (n) a delimited list of technical specifications; (o) SKU and UPC/EAN/JAN numbers (and other identifying information as we may reasonably request) for accessories related to Your Product that is available in our catalog; (p) the state or country Your Product ships from; and (q) any other information reasonably requested by us (e.g., the condition of used or refurbished products; and invoices and other documentation demonstrating the safety and authenticity of Your Products).

"Seller-Fulfilled Products" means any of Your Products that are not fulfilled using the Fulfillment by Dutyfreezone Service.

"Shipment Information" means, with respect to any of Your Products, the estimated or promised shipment and delivery date.

"Street Date" means the date(s), if any, specified by the manufacturer, distributor, and/or licensor of a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly, or such product should not be delivered or otherwise made available to customers.

"URL Marks" means any Trademark, or any other logo, name, phrase, identifier, or character string, that contains or incorporates any top level domain (e.g., .com, .edu, .ca, .fr, .jp) or any variation of a top level domain (e.g., dot com, dotcom, net, or com).

"Your Transaction" is defined in the General Terms of this Agreement; however, as used in these Selling on Dutyfreezone Service Terms, it means any and all such transactions through Selling on Dutyfreezone only.

Fulfillment by Dutyfreezone Service Terms

Fulfillment by Dutyfreezone ("FBA") provides fulfillment and associated services for Your Products.

These FBA Service Terms are part of the Agreement, and, unless specifically provided otherwise, concern and apply only to your participation in FBA. BY REGISTERING FOR OR USING FBA, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THESE FBA SERVICE TERMS. You expressly agree that Dutyfreezone may engage its Affiliate(s) or a third party in order to complete one or more of the fulfillment and associated services outlined below.

Fulfillment Services

F-1 Your Products

Once you are accepted into FBA, you must apply to register each product you offer that you wish to include in the FBA program. We may refuse registration in FBA of any product, including on the basis that it is an FBA Excluded Product or that it violates applicable Program Policies. You may at any time withdraw registration of any of Your Products from FBA.

F-2 Product and Shipping Information

You will, in accordance with applicable Program Policies, provide accurate and complete information about Your Products registered in FBA, and will provide Fulfillment Requests for any Units fulfilled using FBA that are not sold through an Dutyfreezone Site ("Multi-Channel Fulfillment Units"). You will promptly update any information about Your Products in accordance with our requirements and as necessary so that the information is at all times accurate and complete.

F-3 Shipping to Dutyfreezone

F-3.1 Except as otherwise provided in Section F-3.4 and Section F-5, FBA is limited to Units that are shipped to and from fulfillment centers located within the applicable Elected Country, to be delivered to customers in the same Elected Country only. You will ship Units to us in accordance with applicable Program Policies. You will be responsible for all costs incurred to ship the Units to the shipping destination (including costs of freight and transit insurance) and Dutyfreezone will not pay any shipping costs. You are responsible for payment of all customs, duties, taxes, and other charges. In the case of any improperly packaged or labeled Unit, we may return the Unit to you at your expense (pursuant to Section F-7) or re-package or re-label the Unit and charge you an administrative fee.

F-3.2 You will not deliver to us any Unsuitable Unit; we may reject any shipment of Your Products.

F-3.3 We may, at our option, allow you to ship Units at your expense (as described in Section F-9.2) to fulfillment centers using discounted shipping rates that we may make available to you for certain carriers. In such event, you will use the processes and supply the information that we require for you to obtain such discounted rates. You also must comply with standard operating procedures, weight and size restrictions, and other shipping requirements of the applicable carriers. If we provide you with the estimated shipping costs prior to shipment, you acknowledge and agree that actual shipping costs may vary from such estimates. In addition, if the weight of the Unit, as determined by the applicable carrier, differs from that submitted by you to us for purposes of determining the estimated shipping costs, then: (a) you may be charged more than the estimated shipping costs if the carrier determines that such Unit weighs more than as submitted by you; or (b) you may be charged the full amount of the estimated shipping costs even if the carrier determines the weight to be less than that submitted by you. You will not use carrier account information (e.g., carrier account number, amount of shipping rates, etc.) for any purpose, nor disclose such information to any third party, and you will protect such information as Dutyfreezone's confidential information in accordance with Section 11 of the General Terms of this Agreement. As between you, us, and the applicable carrier, you will be the shipper of record, and we will make payment to the carrier with respect to the shipment of all Units using such discounted rates. Title and risk of loss for any Unit shipped using discounted rates provided by us under this Section will remain with you, and our provision of such shipping rates will not create any liability or responsibility for us with respect to any delay, damage, or loss incurred during shipment. You authorize the applicable carrier to provide us with all shipment tracking information.

F-3.4 If you ship Units from outside the applicable Elected Country to fulfillment centers, you will list yourself as the importer/consignee and nominate a customs broker. If Dutyfreezone is listed on any import documentation, Dutyfreezone reserves the right to refuse to accept the Units covered by the import documents and any costs assessed against or incurred by Dutyfreezone will be collected from Your Bank Account, deducted from amounts payable to you, or by other method at our election.

F-4 Storage

We will provide storage services as described in these FBA Service Terms once we confirm receipt of delivery. We will keep electronic records that track inventory of Units by identifying the number of Units stored in any fulfillment center. We will not be required to physically mark or segregate Units from other inventory units (e.g., products with the same Dutyfreezone standard identification number) owned by us, our Affiliates or third parties in the applicable fulfillment center(s). If we elect to commingle Units with such other inventory units, both parties agree that our records will be sufficient to identify which products are Units. We may move Units among facilities. If there is a loss of or damage to any Units while they are being stored, we will, compensate you in accordance with the FBA Guidelines, and you will, at our request, provide us a valid tax invoice for the compensation paid to you. If we compensate you for a Unit, we will be entitled to dispose of the Unit pursuant to Section F-7. At all other times, you will be solely responsible for any loss of, or damage to, any Units. Our confirmed receipt of delivery does not: (a) indicate or imply that any Unit has been delivered free of loss or damage, or that any loss or damage to any Unit later discovered occurred after confirmed receipt of delivery; (b) indicate or imply that we actually received the number of Units of Your Product(s) specified by you for such shipment; or (c) waive, limit, or reduce any of our rights under this Agreement. We reserve the right to change scheduling restrictions and volume limitations on the delivery and storage of your inventory in fulfillment centers in accordance with Section 15 of the General Terms, and you will comply with any of these restrictions or limitations.

F-5 Fulfillment

As part of our fulfillment services, we will ship Units from our inventory of Your Products to the shipping addresses in the Elected Country included in valid customer orders, or submitted by you as part of a Fulfillment Request. We may ship Units together with products purchased from other merchants, including any of our Affiliates. We also may ship Units separately that are included in a single Fulfillment Request. If you participate in our export fulfillment services, we will also ship Your Products that we determine to be eligible (each, a "Foreign-Eligible Product") to Foreign Addresses within countries we determine to be eligible for foreign shipments, subject to the additional terms on foreign shipments in the applicable FBA Guidelines.

F-6 Customer Returns

F-6.1 You will be responsible for and will accept and process returns of, and provide refunds and adjustments for, any Multi-Channel Fulfillment Units in accordance with the Agreement (including the applicable Program Policies).

F-6.2 We will receive and process returns of any Dutyfreezone Fulfillment Units that were shipped to addresses within the Elected Country in accordance with the terms of your Seller Agreement, these FBA Service Terms, and the Program Policies. Any Sellable Units that are also Dutyfreezone Fulfillment Units and that are properly returned will be placed back into the inventory of Your Products in the FBA Program. We may fulfill customer orders for Your Products with any returned Dutyfreezone Fulfillment Units. Except as provided in Section F-7, you will retake title of all Units that are returned by customers.

F-6.3 Subject to Section F-7, we will, at your direction, either return or dispose of any Unit that is returned to us by a customer and that we determine is an Unsuitable Unit.

F-6.4 If Dutyfreezone receives a customer return of a Multi-Channel Fulfillment Unit, you will direct us to return or dispose of the Unit at your own cost failing which we may dispose of the Unit as provided in Section F-7.

F-7 Returns to You and Disposal

F-7.1 You may, at any time, request that Units be returned to you or that we dispose of Units.

F-7.2 We may with notice return Units to you, including upon termination of these FBA Service Terms. Returned Units will be sent to your designated shipping address. However, if (a) the designated shipping address we have for you is outdated or incorrect, (b) you have not provided or, upon our request, confirmed a designated shipping address in the Elected Country, or (c) we cannot make arrangements for you to pay for the return shipment, then the Unit(s) will be deemed abandoned and we may elect to dispose of them as appropriate based on the inventory (e.g., by selling, recycling, donating, or destroying it) and retain any proceeds we may receive from the disposal.

We may dispose of any Unsuitable Unit (and you will be deemed to have consented to our action): (d) immediately if we determine that (i) the Unit creates a safety, health, or liability risk to Dutyfreezone, our personnel, or any third party; (ii) you have engaged in fraudulent or illegal activity; or (iii) we have cause to terminate your use of Services with immediate effect pursuant to Section 3 and are exposed to liability towards a third party; (e) if you fail to direct us to return or dispose of any Unsuitable Unit within thirty (30) days after we notify you that the Unit has been recalled; or (f) if you fail to direct us to return or dispose of any Unsuitable Unit within thirty (30) days (or as otherwise specified in the applicable Program Policies) after we notify you that its removal is required, for instance because your use of FBA is suspended or terminated or your seller account is suspended, terminated or closed. In addition, you will reimburse us for expenses we incur in connection with any Unsuitable Units.

We may dispose of any Unit we are entitled to dispose of (including any Unsuitable Units) in the manner we deem appropriate (e.g., by selling, recycling, donating, or destroying it) and retain any proceeds we may receive from the disposal.

F-7.3 You may, at any time, request that we dispose of Units. In this case, we may dispose of these Units as appropriate based on the inventory (e.g., by selling, recycling, donating, or destroying it) and retain any proceeds we may receive from the disposal. Title to each disposed Unit will transfer to us (or a third party we select such as a charity) at no cost, free and clear of any liens, claims, security interests or other encumbrances to the extent required to dispose of the Unit, and we may retain any proceeds, we may receive from the disposal.

F-7.4 You will promptly notify us of any recalls or potential recalls, or safety alerts of any of Your Products and cooperate and assist us in connection with any recalls or safety alerts, including by initiating the procedures for returning items to you under our standard processes. You will be responsible for all costs and expenses you, we or any of our or your Affiliates incur in connection with any recall or potential recall or safety alerts of any of Your Products (including the costs to return, store, repair, liquidate, or deliver to you or any vendor any of these products).

F-8 Customer Service

F-8.1 For Multi-Channel Fulfillment Units we will have no customer service obligations other than to pass any inquiries to your attention at the contact you provide, and to make available a reasonable amount of information regarding the status of the fulfillment of Your Products if you request it and if and to the extent we possess the requested information. You will ensure that all of your policies and messaging to your customers regarding shipping of Your Products and other fulfillment-related matters, reflect our policies and requirements, including with regard to shipping methods, returns, and customer service; and, you will conspicuously display on your website(s), in emails or in other media or communications any specific disclosures, messaging, notices, and policies we require.

F-8.2 We will be responsible for all customer service issues relating to packaging, handling and shipment, and customer returns, refunds, and adjustments related to Dutyfreezone Fulfillment Units. We will determine whether a customer will receive a refund, adjustment or replacement for any Dutyfreezone Fulfillment Unit and we will require you to reimburse us where we determine you have responsibility in accordance with the Agreement (including these FBA Service Terms and the Program Policies). We will promptly notify you when you are responsible for a customer refund. You may appeal if you disagree with our finding within thirty (30) days after our notification, in addition to your right to request that Units be returned to you under Section F-7.1. Except as provided in this Section F-8 regarding any Dutyfreezone Fulfillment Units, customer service will be handled in accordance with your Seller Agreement.

F-8.3 In situations relating to Dutyfreezone Fulfillment Units where the wrong item was delivered or the item was damaged or lost or is missing, unless we determine that the basis for such request is caused by you or any of your employees, agents, or contractors, we will, at our option: (a) for any Dutyfreezone Fulfillment Unit, (i) ship a replacement Unit to the customer and reimburse you in accordance with the FBA Guidelines for the replacement Unit, or (ii) process a refund to the customer and reimburse you in accordance with the FBA Guidelines for the Unit; or (b) for any Multi-Channel Fulfillment Unit, reimburse you in accordance with the FBA Guidelines for the Unit (and you will, at our request, provide us a valid tax invoice for the compensation paid to you). Any customer refund will be processed in accordance with the Selling on Dutyfreezone and the Transaction Processing Service Terms (if the Elected Country for a Service is the United States). Notwithstanding the Selling on Dutyfreezone Service Terms, we will be entitled to retain the applicable fees payable to us under the Selling on Dutyfreezone Service Terms and these FBA Service Terms, respectively. Except as expressly provided in this Section F-8.3, you will be responsible for all costs associated with any replacement or return.

F-8.4 If we provide a replacement Unit or refund as described in Section F-8.3 to a customer and that customer returns the original Unit to us, we will be entitled to dispose of the Unit pursuant to Section F-7, or, if it is a Sellable Unit, we may, at our option, place such Unit back into your inventory in accordance with Section F-6. If we do put a Unit back into your inventory, you will reimburse us for the applicable Replacement Value (as described in the FBA Guidelines) of the returned Unit. Any replacement Unit shipped by us under these FBA Service Terms will be deemed to be, and will be treated in the same manner as, an order and sale of such Unit from you to the customer via the applicable Dutyfreezone Site or Service in accordance with, and subject to, the terms and conditions of this Agreement and your Seller Agreement.

F-9 Compensation for Fulfillment Services

F-9.1 Handling and Storage Fees. You will pay us the applicable fees described in the applicable Fulfillment by Dutyfreezone Fee Schedule. You will be charged the Storage Fees beginning on the day (up to midnight) that the Unit arrives at a fulfillment center and is available for fulfillment by Dutyfreezone (or in the case of any Unsuitable Unit, the arrival day (up to midnight)), until the earlier of: (a) the day (up to midnight) we receive a valid customer order for such product or a request from you to return or dispose of the Unit; or (b) the day (up to midnight) we actually ship the Unit to your designated return location or dispose of the Unit.

F-9.2 Shipping and Gift Wrap. For any Dutyfreezone Fulfillment Units we will determine the amounts charged to the customer for shipping and gift wrap services for the Units that we fulfill through the FBA Program. As between you and us, these charges will be your charges to the customer, and we will report them to you. We will charge you (and you will pay us) a fee equal to the amount of such charges to the customer. In the case of shipments of Units sold through the Dutyfreezone Site that qualify for the "Free Shipping" promotion, the amounts charged to the customer for shipping the Selling on Dutyfreezone Units that Dutyfreezone fulfills will first be charged to the customer and will next be deducted from the total charges to the customer as your promotion and Dutyfreezone will not charge you the fee described above. If you ship Units to us using the shipping rates that we may make available pursuant to Section F-3.3, you will reimburse us for the actual amounts charged to us by the applicable carrier for such shipments.

F-9.3 Proceeds. We may as appropriate keep part of or all proceeds of any Units that we are entitled to dispose of pursuant to F-7 above, or to which title transfers, including returned, damaged, or abandoned Units. You will have no security interest, lien, or other claim to the proceeds that we receive in connection with the sale, fulfillment, and/or shipment of these Units.

F-10 Indemnity

In addition to your obligations under Section 6 of the General Terms of this Agreement, you also agree to indemnify, defend, and hold harmless us, our Affiliates, and our and their respective officers, directors, employees, representatives, and agents against any Claim that arises from or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4), including any personal injury, death, or property damage; (b) any of Your Taxes or the collection, payment, or failure to collect or pay Your Taxes; and, if applicable (c) any sales, use, value added, personal property, gross receipts, excise, franchise, business, or other taxes or fees, or any customs, duties, or similar assessments (including penalties, fines, or interest on any of the foregoing) imposed by any government or other taxing authority in connection with the shipment of Foreign-Eligible Products to Foreign Addresses (collectively, "Foreign Shipment Taxes").

F-11 Release

You, on behalf of yourself and any successors, subsidiaries, Affiliates, officers, directors, shareholders, employees, assigns, and any other person or entity claiming by, through, under, or in concert with them (collectively, the "Releasing Parties"), irrevocably acknowledge full and complete satisfaction of and unconditionally and irrevocably release and forever fully discharge Dutyfreezone and each of our Affiliates, and any and all of our and their predecessors, successors, and Affiliates, past and present, as well as each of our and their partners, officers, directors, shareholders, agents, employees, representatives, attorneys, and assigns, past and present, and each of them and all Persons acting by, through, under, or in concert with any of them (collectively, the "Released Parties"), from any and all claims, obligations, demands, causes of action, suits, damages, losses, debts, or rights of any kind or nature, whether known or unknown, suspected or unsuspected, absolute or contingent, accrued or unaccrued, determined or speculative (collectively, "Losses") which the Releasing Parties now own or hold or at any time have owned or held or in the future may hold or own against the Released Parties, or any of them, arising out of, resulting from, or in any way related to the shipment, export, or delivery of Your Products to Foreign Addresses, including any tax registration or collection obligations. You, on behalf of yourself and all other Releasing Parties, recognize that you, and each of them, may have some Losses, whether in tort, product liability, contract, warranty, or otherwise, against the Released Parties of which you, or any of them, are totally unaware and unsuspecting, or which may arise or accrue after the date you register for or use FBA, which the Releasing Parties are giving up by agreeing to these FBA Service Terms. It is your intention in agreeing to these FBA Service Terms that these FBA Service Terms will deprive the Releasing Parties of each and all such Losses and prevent the Releasing Party from asserting any such Losses against the Released Parties, or any of them. In addition to the foregoing, you acknowledge, on behalf of yourself and all other Releasing Parties that you are familiar with Section 1542 of the Civil Code of the State of California, as follows:

"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

You, on behalf of yourself and all other Releasing Parties, expressly waive and relinquish any rights that you had or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the law of any other jurisdiction, to the full extent that you may lawfully waive all such rights pertaining to the subject matter of these FBA Service Terms.

F-12 Disclaimer

IN ADDITION TO THE DISCLAIMER IN SECTION 7 OF THE GENERAL TERMS OF THIS AGREEMENT, WE DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW OR STATUTE OR OTHERWISE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, OR SHIPMENT OF YOUR PRODUCTS BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS.

F-13 Effect of Termination

Your termination rights are set forth in Section 3 of this Agreement. Following any termination of the Agreement or these FBA Service Terms in connection with a particular Elected Country, we will, as directed by you, return to you or dispose of the Units held in that Elected Country as provided in Section F-7. If you fail to direct us to return or dispose of the Units within thirty (30) days (or as otherwise specified in the applicable Program Policies) after termination, then we may elect to return and/or dispose of the Units in whole or in part, as provided in Section F-7, and you agree to such actions. Upon any termination of these FBA Service Terms in connection with a particular Elected Country, all rights and obligations of the parties under these FBA Service Terms in connection with such Elected Country will be extinguished, except that the rights and obligations of the parties under Sections F-1, F-2, F-3, F-4, F-5, F-6, F-7, F-8, F-9, F-11, F-12, and F-13 with respect to Units received or stored by Dutyfreezone as of the date of termination will survive the termination.

F-14 Tax Matters

You understand and acknowledge that storing Units at fulfillment centers may create tax nexus for you in any country, state, province, or other localities in which your Units are stored, and you will be solely responsible for any taxes owed as a result of such storage. If any Foreign Shipment Taxes or Your Taxes are assessed against us as a result of performing services for you in connection with the FBA Program or otherwise pursuant to these FBA Service Terms, you will be responsible for such Foreign Shipment Taxes and Your Taxes and you will indemnify and hold Dutyfreezone harmless from such Foreign Shipment Taxes and Your Taxes as provided in Section F-10 of these FBA Service Terms.

F-15 Additional Representation

In addition to your representations and warranties in Section 5 of the General Terms of this Agreement, you represent and warrant to us that: (a) you have valid legal title to all Units and all necessary rights to distribute the Units and to perform under these FBA Service Terms; (b) you will deliver all Units to us in new condition (or in such condition otherwise described by you in the applicable Your Product listing) and in a merchantable condition; (c) all Units and their packaging will comply with all applicable marking, labeling, and other requirements required by Law; (d) no Unit is or will be produced or manufactured, in whole or in part, by child labor or by convict or forced labor; (e) you and all of your subcontractors, agents, and suppliers involved in producing or delivering Units will strictly adhere to all applicable Laws of the Elected Country, its territories, and all other countries where Units are produced or delivered, regarding the operation of their facilities and their business and labor practices, including working conditions, wages, hours, and minimum ages of workers; and (f) that all Foreign-Eligible Products (i) can be lawfully exported from Canada, Mexico, or the United States, as applicable, without any license or other authorization; and (ii) can be lawfully imported into, and comply with all applicable Laws of, any eligible country.

FBA Definitions

"Dutyfreezone Fulfillment Units" means Units fulfilled using FBA that are sold through an Dutyfreezone Site. For avoidance of doubt, if you have successfully registered for or used both the FBA and Selling on Dutyfreezone Services, then the term "Dutyfreezone Fulfillment Units" and the defined term "Dutyfreezone Fulfilled Products" in the Selling on Dutyfreezone Service Terms both refer to the same items.

"FBA Excluded Product" means any Unit that is an Excluded Product or is otherwise prohibited by the applicable Program Policies.

"Foreign Address" means (a) if the Elected Country is the United States, any mailing address that is not (i) within the fifty states of the United States or Puerto Rico, or (ii) an APO/FPO address; and (b) if the Elected Country is not the United States, any mailing address that is not within the Elected Country.

"Fulfillment Request" means a request that you submit to us (in accordance with the standard methods for submission prescribed by us) to fulfill one or more Multi-Channel Fulfillment Units.

"Multi-Channel Fulfillment Units" has the meaning in Section F-2.

"Sellable Unit" means a Unit that is not an Unsuitable Unit.

"Seller Agreement" means the Selling on Dutyfreezone Service Terms, the [email protected] Program Agreement, the Marketplace Participation Agreement, any successor to any of these agreements, or any other similar agreement (as determined by Dutyfreezone) between you and us that permits you to offer products and services via a particular Dutyfreezone Site.

"Shipping Information" means with respect to any purchased Unit(s), the following information: the name of the recipient, the shipping address, the quantity of Units to be shipped, and any other shipping-related information we may reasonably request.

"Unit" means a unit of Your Product that you deliver to Dutyfreezone in connection with the FBA Program.

"Unsuitable Unit" means a Unit: (a) that is defective, damaged, unfit for a particular purpose, or lacking required label(s); (b) the labels for which were not properly registered with Dutyfreezone before shipment or do not match the product that was registered; (c) that is an FBA Excluded Product or does not comply with the Agreement (including applicable Service Terms and Program Policies); (d) that Dutyfreezone determines is unsellable or unfulfillable; or (e) that Dutyfreezone determines is otherwise unsuitable.

Dutyfreezone Advertising Service Terms

The Dutyfreezone Advertising Service Terms govern your use of Dutyfreezone Advertising, a Service that allows you to advertise your products. The Dutyfreezone Advertising Service Terms apply to your use of the Ad Services.

Your use of the Ad Services (as defined in the Dutyfreezone Advertising Agreement) is governed by the Dutyfreezone Advertising Agreement. You accept the Dutyfreezone Advertising Agreement, which may be updated from time to time by Dutyfreezone in accordance with its terms. The Dutyfreezone Advertising Agreement is available at dutyfreezone.com. In the event of any conflict between the General Terms or Program Policies and the Dutyfreezone Advertising Agreement with respect to the Ad Services, the Dutyfreezone Advertising Agreement will prevail to the extent of the conflict. If the Dutyfreezone Advertising Agreement is deemed unlawful, void, or for any reason unenforceable, then the General Terms will govern your access to and use of the Ad Services.

Transaction Processing Service Terms

BY REGISTERING FOR OR USING ANY SERVICE OTHER THAN DUTYFREEZONE ADVERTISING FOR WHICH THE ELECTED COUNTRY IS THE UNITED STATES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THESE TRANSACTION PROCESSING SERVICE TERMS FOR THAT SERVICE. NOTWITHSTANDING THE FOREGOING, IF A SEPARATE AGREEMENT GOVERNS THE OFFER, SALE OR FULFILLMENT OF YOUR PRODUCTS ON THE US DUTYFREEZONE SITE, THE TERMS OF THAT AGREEMENT WILL CONTINUE TO GOVERN THE PROCESSING OF YOUR TRANSACTIONS TO THE EXTENT DESCRIBED IN THAT AGREEMENT.

P-1 Payments Processing Agency Appointment

For non-invoiced orders, you authorize Dutyfreezone Payments, Inc. to act as your agent for purposes of processing payments, refunds and adjustments for Your Transactions, receiving and holding Sales Proceeds on your behalf, remitting Sales Proceeds to Your Bank Account, charging your Credit Card, and paying Dutyfreezone and its Affiliates amounts you owe in accordance with this Agreement or other agreements you may have with Dutyfreezone Affiliates. For invoiced orders, you authorize: (a) Dutyfreezone Capital Services, Inc. to act as your agent for purposes of processing payments, refunds and adjustments for Your Transactions, and receiving and holding Sales Proceeds on your behalf; and (b) Dutyfreezone.com Services LLC to act as your agent for purposes of remitting Sales Proceeds to Your Bank Account, charging your Credit Card, and paying Dutyfreezone and its Affiliates amounts you owe in accordance with this Agreement or other agreements you may have with Dutyfreezone Affiliates. Dutyfreezone Payments, Inc., Dutyfreezone Capital Services, Inc., and Dutyfreezone.com Services LLC are each an “Dutyfreezone Payments Agent”. The applicable Dutyfreezone Payments Agents provide the services described in these Transaction Processing Service Terms and the related services described in Sections S-1.4, S-2.2, S-5, and F-8.3 of the Agreement (collectively, the "Transaction Processing Services").

When a buyer instructs us to pay you, you agree that the buyer authorizes and orders us to commit the buyer's payment (less any applicable fees or other amounts we may collect under this Agreement) to you. You agree that buyers satisfy their obligations to you for Your Transactions when we receive the Sales Proceeds. We will remit funds to you in accordance with this Agreement.

P-2 Remittance

Subject to Section 2 of the General Terms of this Agreement, the applicable Dutyfreezone Payments Agents will remit funds to you in accordance with Section S-5 of the Agreement and these Transaction Processing Service Terms. Each applicable Dutyfreezone Payments Agent's obligation to remit funds collected or received by it or otherwise credited to your available balance in connection with Your Transactions is limited to funds in your available balance that have become available in accordance with this Agreement less amounts owed to Dutyfreezone and any taxes that Dutyfreezone automatically calculates, collects and remits to a tax authority according to applicable law, as specified in the Tax Policies, subject to chargeback or reversal or withheld for anticipated claims in accordance with this Agreement. Without limiting Dutyfreezone's rights to collect any amounts you owe, the applicable Dutyfreezone Payments Agent's receipt of Sales Proceeds or crediting of Sales Proceeds to your available balance discharges your obligation to pay applicable fees and other amounts under this Agreement to the extent the Sales Proceeds received or credited equal or exceed the fees and other amounts you owe and the Sales Proceeds are applied to the payment of those fees and amounts.

P-3 Your Funds

Your Sales Proceeds will be held in an account with the applicable Dutyfreezone Payments Agent (a "Seller Account") and will represent an unsecured claim against that Dutyfreezone Payments Agent. Your Sales Proceeds are not insured by the Federal Deposit Insurance Corporation, nor do you have any right or entitlement to collect Sales Proceeds directly from any customer. Prior to disbursing funds to you, an Dutyfreezone Payments Agent may combine Sales Proceeds held with the funds of other users of the Services, invest them, or use them for other purposes permitted by applicable Laws. You will not receive interest or any other earnings on any Sale Proceeds. To the extent required by applicable Laws, an Dutyfreezone Payments Agent will not use any funds held on your behalf for its corporate purposes, will not voluntarily make such funds available to its creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit its creditors to attach such funds.

P-4 Verification

We may at any time require you to provide any financial, business or personal information we request to verify your identity. You authorize us to obtain from time to time consumer credit reports to establish or update your Seller Account or in the event of a dispute relating to this Agreement or the activity under your Seller Account. You agree to update all Seller Account information promptly upon any change. The Dutyfreezone Payments Privacy Notice applies to transactions processed by Dutyfreezone Payments, Inc.

P-5 Dormant Accounts

If there is no activity (as determined by us) in connection with your Seller Account for the period of time set forth in applicable unclaimed property laws and we hold Sales Proceeds on your behalf, we will notify you by means designated by us and provide you the option of keeping your Seller Account open and maintaining the Sales Proceeds in your Seller Account. If you do not respond to our notice(s) within the time period we specify, we will send the Sales Proceeds in your Seller Account to your state of residency, as determined by us based on the information in your Seller Account. If we are unable to determine your state of residency or your Seller Account is associated with a foreign country, your funds may be sent to the State of Delaware.

Selling Partner API Terms

API-1 Description of the Selling Partner APIs

The "Selling Partner APIs" enable your systems to interface with certain features or functionality we make available to you. These Selling Partner API Terms concern and apply only to your use of the Selling Partner APIs unless specifically provided otherwise. Under the Selling Partner API Terms, you may authorize parties who (a) develop Applications to support you using the Selling Partner APIs or the API Materials, (b) have registered with us as Developers, and (c) who have agreed to the Marketplace Developer Agreement ("Developers") to access Confidential Information and Your Materials via the Selling Partner APIs provided, in each case, that where Confidential Information is disclosed to Developers, you shall remain liable for the acts or omissions of such Developers as if such acts or omissions were your own. If you wish to use the Selling Partner APIs directly or develop software or a website that interfaces with the Selling Partner APIs or the API Materials (an "Application"), you must register as a Developer.

We may make available Selling Partner APIs (including the Marketplace Web Services APIs) and software, data, text, audio, video, images, or other content we make available in connection with the Selling Partner APIs, including related documentation, software libraries, and other supporting materials, regardless of format (collectively the "API Materials") that permit your systems to interface with certain features or functionality available to you. You may authorize Developers to access Confidential Information and Your Materials via the Selling Partner APIs solely for the purpose of supporting your business on Dutyfreezone and provided, in each case, that where Confidential Information is disclosed to Developers, you shall remain liable for the acts or omissions of such Developers as if such act or omissions were your own. All terms and conditions applicable to the Selling Partner APIs and the API Materials in this Agreement are solely between you and us. API Materials that are public or open source software ("Public Software") may be provided to you under a separate license, in which case, notwithstanding any other provision of this Agreement, that license will govern your use of those API Materials. For the avoidance of doubt, except to the extent expressly prohibited by the license governing any API Materials that are Public Software, all of the non-license provisions of this Agreement will apply.

API-2 License and Related Requirements

API-2.1 Generally.

We grant you a limited, revocable, non-exclusive, non-sublicenseable, nontransferable license during the term of the Agreement to allow Developers to access and use Confidential Information and Your Materials through the Selling Partner APIs and the API Materials solely in support of your use of the Services covered by this Agreement. As between you and us, we or our licensors own all right, title, and interest in and to the Confidential Information, the Selling Partner APIs, the API Materials, any technical and operational specifications, security protocols and other documentation or policies provided or made available by us with respect to the Selling Partner APIs or the API Materials (the "Selling Partner API Specifications"), and our internal data center facilities, servers, networking equipment, and host software systems that are within our or their reasonable control and are used to provide the Selling Partner APIs or the API Materials (the "Dutyfreezone Network").

API-2.2 License Restrictions.

You may authorize Developers to access Confidential Information and Your Materials through the Selling Partner APIs and the API Materials only through APIs documented and communicated by us in accordance with any applicable Selling Partner API Specifications. You may not authorize any other party to do any of the following with the Confidential Information, the Selling Partner APIs and the API Materials: (a) reverse engineer, decompile, or disassemble them; (b) modify or create derivative works based upon them in whole or in part; (c) distribute copies of them; (d) remove any proprietary notices or labels on them; (e) use any Public Software in any manner that requires, pursuant to the license applicable to such Public Software, that the Confidential Information, the Selling Partner APIs and the API Materials be disclosed, licensed, distributed, or otherwise made available to anyone; (f) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to them; (g) access or use them in a way intended to avoid incurring any applicable fees or exceeding usage limits or quotas; (h) access or use them for any purpose unrelated to your use of Services; or (i) access or use them for fraudulent or illegal activities or activities that violate our policies or are otherwise harmful to us or any third parties. The limitations regarding Data Use in Section 11 above apply to any information you disclose or receive by the direct or indirect use of the Selling Partner APIs.

API-2.3 No License for Direct Access.

For the avoidance of doubt, these Selling Partner API Terms do not provide you a license to directly access or use the Selling Partner APIs, or install, copy, use, or distribute API Materials. Direct use of the Selling Partner APIs may only be licensed to Developers.

API-2.4 Account Identifiers and Credentials.

You must use the account IDs and any unique public key/private key pair issued by us to provide access to your data via the Selling Partner APIs ("Account Identifiers and Credentials") in accordance with these Selling Partner API Terms to authorize Developers to access the Selling Partner APIs on your behalf. You may only authorize access to Confidential Information and Your Materials via the Selling Partner APIs in the way that we prescribe. Your Account Identifiers and Credentials are for your personal use only and you must maintain their secrecy and security. You are solely responsible for all activities that occur using your Account Identifiers and Credentials, regardless of whether the activities are undertaken by you or a third party (including your employees, contractors, or agents). You will provide us with notice immediately if you believe an unauthorized third party may be using your Account Identifiers and Credentials or if your Account Identifiers and Credentials are lost or stolen. We are not responsible for unauthorized use of your Account Identifiers and Credentials.

API-2.5 Security of Your Materials and Confidential Information.

You are solely responsible for authorizing others to access the Selling Partner APIs on your behalf and taking your own steps to maintain appropriate security, protection, and backup of the Confidential Information and Your Materials processed pursuant to your access to the Selling Partner APIs and the API Materials, including any Confidential Information you have disclosed to Developers in accordance with this Agreement. We are not responsible for any unauthorized access to, alteration of, or deletion, destruction, damage, loss, or failure to store any of the Confidential Information or Your Materials in connection with the Selling Partner APIs (including as a result of your or any third party’s errors, acts, or omissions). If you believe (acting reasonably) that a personal data breach has occurred in relation to any customer personal data in your possession or otherwise under your control (including in the possession of a Developer), you shall immediately notify Dutyfreezone of such personal data breach (in sufficient detail) for information purposes, and promptly take any actions (or require a Developer take such actions, if relevant) as applicable to you under data privacy Laws.

API-3 Termination

API-3.1 Termination of Your Access to the Selling Partner APIs and the API Materials.

Without limiting the parties’ rights and obligations under this Agreement, the Dutyfreezone Marketplace Developer Agreement, or the Dutyfreezone Marketplace API License Agreement, we may limit, suspend, or terminate your access to the Selling Partner APIs and the API Materials for convenience with 30 days’ notice. We may terminate immediately if (a) we determine that you have materially breached this Agreement and failed to cure within 7 days of a cure notice; (b) you or your account have been engaged in deceptive, fraudulent, or illegal activity; or (c) your use of the Selling Partner APIs and the API Materials may harm our customers.

Upon any suspension or termination of your access to the Selling Partner APIs and the API Materials, you will immediately cease authorizing others to use the Selling Partner APIs and the API Materials. Upon any termination of your access to the Selling Partner APIs and the API Materials, you will also immediately destroy all API Materials. Upon any suspension or termination of your access to the Selling Partner APIs and the API Materials, we may cause your Account Identifiers and Credentials to cease to be recognized by the Dutyfreezone Network for the purposes of the Selling Partner APIs and the API Materials.

API-4 Modifications to the Selling Partner APIs and the API Materials

We may change or discontinue the Selling Partner APIs or the API Materials (including by changing or removing features or functionality of the Selling Partner APIs or the API Materials) from time to time. For any material changes that will negatively affect your business, we will provide notice under Section 18.

API-5 Disclaimers

THE SELLING PARTNER APIS AND THE API MATERIALS ARE PROVIDED "AS IS". WE AND OUR AFFILIATE COMPANIES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SELLING PARTNER APIS OR THE API MATERIALS, INCLUDING ANY WARRANTY THAT THE SELLING PARTNER APIS OR THE API MATERIALS WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY MATERIALS OR DATA YOU ACCESS, USE, STORE, RETRIEVE, OR TRANSMIT IN CONNECTION WITH THE SELLING PARTNER APIS, INCLUDING YOUR MATERIALS, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATE COMPANIES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATE COMPANIES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) THE INABILITY TO USE THE SELLING PARTNER APIS OR THE API MATERIALS FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SELLING PARTNER APIS OR THE API MATERIALS.

Selling policies and seller code of conduct

All sellers are expected to adhere to the following policies when listing products on Dutyfreezone. Seller offenses and prohibited content can result in suspension of your Dutyfreezone account.

Seller code of conduct

This policy requires that sellers act fairly and honestly on Dutyfreezone to ensure a safe buying and selling experience. All sellers must:

• Provide accurate information to Dutyfreezone and our customers at all times
• Act fairly and not misuse Dutyfreezone’s features or services
• Not attempt to damage or abuse another seller, their listings or ratings
• Not attempt to influence customers’ ratings, feedback, and reviews
• Not send unsolicited or inappropriate communications
• Not contact customers except through Buyer-Seller Messaging
• Not attempt to circumvent the Dutyfreezone sales process
• Not operate more than one selling account on Dutyfreezone without a legitimate business need
• Not engage in conduct that violates price fixing laws
• We charge 15 % commission on sales

Violating the code of conduct or any other Dutyfreezone policies may result in actions against your account, such as cancellation of listings, suspension or forfeiture of payments, and removal of selling privileges. More details about these policies are below.

Accurate information

You must provide accurate information to Dutyfreezone and our customers, and update the information if it changes. For example, this means that you must use a business name that accurately identifies your business and list your products in the correct category.

Acting fairly

You must act fairly and lawfully and may not misuse any service provided by Dutyfreezone. Examples of unfair activities include:

• Providing misleading or inappropriate information to Dutyfreezone or our customers, such as by creating multiple detail pages for the same product or posting offensive product images
• Manipulating sales rank (such as by accepting non-authentic orders or orders that you have paid for, or refunded externally or orders that you discounted externally) or making claims about sales rank in product titles or descriptions
• Attempting to increase the price of a product after an order is confirmed
• Artificially inflating web traffic (using bots or paying for clicks, for example)
• Attempting to influence search results by inflating search ranking through keyword manipulation or incentivizing customers’ searches to appear as organic behavior
• Attempting to damage another seller, their listings or ratings
• Allowing other people to act on your behalf in a way that violates Dutyfreezone’s policies or your agreement with Dutyfreezone

Ratings, feedback, and reviews

You may not attempt to influence or inflate customers’ ratings, feedback, and reviews. You may request feedback and reviews from your own customers in a neutral manner, but may not:

• Pay for or offer an incentive (such as coupons or free products) in exchange for providing or removing feedback or reviews
• Ask customers to write only positive reviews or ask them to remove or change a review
• Solicit reviews only from customers who had a positive experience
• Review your own products or a competitors’ products

Communications

You may not send unsolicited or inappropriate messages. All communications to customers must be sent through Buyer-Seller Messaging and be necessary for fulfilling the order or providing customer services. Marketing communications are prohibited.

Customer information

If you receive customer information such as addresses or phone numbers to fulfill orders, you may use that information only to fulfill orders and must delete it after the order has been processed. You may not use customer information to contact customers (except through Buyer-Seller Messaging) or share it with any third-party.

Circumventing the sales process

You may not attempt to circumvent the Dutyfreezone sales process or divert Dutyfreezone customers to another website. This means that you may not provide links or messages that prompt users to visit any external website or complete a transaction elsewhere.

Multiple selling accounts on Dutyfreezone

You may only maintain one Seller Central account for each region in which you sell unless you have a legitimate business need to open a second account and all of your accounts are in good standing. If any of your accounts are not in good standing, we may deactivate all of your selling accounts until all accounts are in good standing.

Examples of a legitimate business justification include:

• You own multiple brands and maintain separate businesses for each
• You manufacture products for two distinct and separate companies
• You are recruited for an Dutyfreezone program that requires separate accounts

Communication Guidelines

On this page

Direct communication

Buyer-Seller Messages

Indirect communication

As part of selling on the Dutyfreezone store, sellers communicate with buyers both directly and indirectly. Dutyfreezone requires that sellers follow the guidelines below for any communication with buyers. The Communication Guidelines policy is meant to protect buyers from fraud and abuse, and to protect you from unscrupulous actions from your competitors. Raising the bar for all communications to buyers benefits all our selling partners, resulting in a stronger marketplace.

Direct communication

Order status messages

• Problem with order messages: You must communicate with buyers if the product ordered is not available to be shipped. Firstly, adjust the full order amount using Manage orders in Seller Central or via an Order Adjustment feed. You must use NoInventory or CouldNotShip as the reason codes for the adjustment as necessary. Secondly, follow these directions and select Problem with order to communicate with the buyer about your inability to fulfill the order. The message must contain a confirmation that the order amount was adjusted with the appropriate reason for the unavailability of the items. If you think you can fulfill the order but the shipment will be delayed beyond the advertized availability, you must notify the buyer about the delay. If the buyer decides to cancel the order, you should then start the refund process.

Note: Do not contact the buyer and request that they submit a cancellation request when you are out of stock.

• Return-related messages: You must process refunds for the order amount (minus any charges) using either Manage orders in Seller Central or via an Order Adjustment feed. You may communicate with the buyer about the return only when you need additional information to complete the return or you are offering a partial refund. Follow these directions and select Follow-up on return request.

Buyer-Seller Messages

You may only send Permitted Messages to customers who have contacted you about purchasing a product or who have already purchased a product from you on the Dutyfreezone store. We define Permitted Messages as those communications necessary to complete an order or to respond to a customer service inquiry.

Proactive Permitted Messages are those messages that you initiate and are not responses to a buyer’s question. Proactive Permitted Messages can be sent via email, using Dutyfreezone’s templates via the Contact buyer or Request a review page in Seller Central, third-party applications in the Application Store, or via Application Programmer Interface (API). You may send proactive Permitted Messages for the following reasons: resolving an issue with order fulfillment, requesting additional information required to complete the order, asking a return-related question, sending an invoice, requesting product review or seller feedback or both, scheduling the delivery of a heavy or bulky item, scheduling a Home Services appointment, verifying a custom design, or any other reason where the contact is required for the buyer to receive their purchase. Proactive Permitted Messages must be sent within 30 days of order completion. All proactive Permitted Messages must include the 17-digit order ID and be in the buyer’s language of preference. Sending proactive Permitted Messages to your buyer using Dutyfreezone’s templates, third-party applications, or via API automates the inclusion of order ID, language of preference translations, and critical message guidelines.

Permitted Messages do not include any of the following message types (in many cases we are already emailing customers with this information on your behalf):

• Order or shipping confirmations (Refer to the Indirect communication section below)
• Messages that say only “Thank you” or that you are here to help if buyers have any problems
• Marketing or promotional messaging, including coupons
• Language that either incentivizes or persuades the buyer to submit positive product reviews or seller feedback, including by offering compensation, money, gift cards, free or discounted products, refunds, rebates or reimbursements, or future benefits
• Language that requests removal or an update of an existing product review
• Language that requests a product review only if they have had a positive experience with the product
• A repeat request (per order) for a product review or seller feedback

Permitted Messages may not include any of the following:

• External links unless they are secure working links (https, not http) necessary for order completion or links to Dutyfreezone
• Attachments except for those needed to resolve a buyer’s issue (for example, shipping labels, invoices, and custom designs)
• Logos, if they contain or display a link to your website
• Link to opt-out of messaging
• Sensitive content in images or text (for example, bare skin, violence or gore, and adult or offensive language)
• Tracking pixels or images
• Email addresses
• Telephone numbers except those related to warranties, shipping providers, or manufacturers
• Images of purchased products as Dutyfreezone includes those on your behalf
• Images that do not relate to your brand or company

Permitted Message styling may not contain any of the following:

• Accessibility issues from links without explanatory text (for example, Click here for warranty information) or images or graphics without alt-text
• Emojis, including emoticons
• Animated GIFs
• Message margins over 20% maximum width
• Image or graphic sizes larger than 80% maximum width
• Overrides of Dutyfreezone’s default line height, font family, or font color
• Fonts in more than three sizes
• Message bodies that are centered or that otherwise override default text alignment settings
• More than two line-breaks (spacing between paragraphs) in a row
• Unsecure images (http instead of https)
• Egregious spelling errors or grammar issues

If you have questions about our policies regarding communicating with buyers, contact Selling Partner Support.

Note: Dutyfreezone may modify message subject lines in order to protect the buyer experience in our store.

For more information, visit Dutyfreezone’s guidelines in the Customer product reviews policies Help page. For more information, visit the Communicate with buyers using Buyer-Seller Messages Help page.

Indirect communication

Dutyfreezone communicates order-related information to buyers through their Your Account updates. These updates include information, such as when an order has been shipped (with the tracking number) or when a refund has been processed. These updates are based on shipping confirmations and refunds initiated using Manage orders or the following feeds:

• Shipping Confirmation feed: This feed tells Dutyfreezone that you have shipped buyer orders and provides order tracking information for the buyers. Timely communication of order status is an important part of a high-quality shopping experience for Dutyfreezone buyers.

Note: We require you to promptly confirm shipment of all orders, either by using Manage orders or by uploading a Shipping Confirmation feed. After you confirm shipment, Dutyfreezone sends a confirmation email to the buyer.

• Order Adjustments feed: This feed tells Dutyfreezone that you have issued buyer refunds. Buyers want to know their refund status when returning products. Therefore, it is critical that you process refunds promptly. You can also use Manage returns to issue a refund.

Failure to comply with these Communication Guidelines may result in Dutyfreezone limiting proactive Permitted Messages to Dutyfreezone’s templates or a suspension of selling privileges in Dutyfreezone stores. Dutyfreezone has the authority to block any message at its discretion.

Conditions of Use

On this page

By using Dutyfreezone Services, you agree to these conditions. Please read them carefully.

PRIVACY

ELECTRONIC COMMUNICATIONS

COPYRIGHT

TRADEMARKS

PATENTS

LICENSE AND ACCESS

YOUR ACCOUNT

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

INTELLECTUAL PROPERTY COMPLAINTS

RISK OF LOSS

RETURNS, REFUNDS AND TITLE

PRODUCT DESCRIPTIONS

PRICING

APP PERMISSIONS

SANCTIONS AND EXPORT POLICY

OTHER BUSINESSES

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

DISPUTES

APPLICABLE LAW

SITE POLICIES, MODIFICATION, AND SEVERABILITY

OUR ADDRESS

ADDITIONAL DUTYFREEZONE SOFTWARE TERMS

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

Last updated: August 1, 2019

Welcome to Dutyfreezone.com. Dutyfreezone Services LLC and/or its affiliates ("Dutyfreezone") provide website features and other products and services to you when you visit or shop at Dutyfreezone.com, use Dutyfreezone products or services, use Dutyfreezone applications for mobile, or use software provided by Dutyfreezone in connection with any of the foregoing (collectively, "Dutyfreezone Services"). Dutyfreezone provides the Dutyfreezone Services subject to the following conditions.

By using Dutyfreezone Services, you agree to these conditions. Please read them carefully.

We offer a wide range of Dutyfreezone Services, and sometimes additional terms may apply. When you use an Dutyfreezone Service (for example, Your Profile, Gift Cards, Dutyfreezone Video, Your Media Library, Dutyfreezone devices, or Dutyfreezone applications) you also will be subject to the guidelines, terms and agreements applicable to that Dutyfreezone Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.

PRIVACY

Please review our Privacy Notice, which also governs your use of Dutyfreezone Services, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use Dutyfreezone Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Dutyfreezone Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any Dutyfreezone Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Dutyfreezone or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Dutyfreezone Service is the exclusive property of Dutyfreezone and protected by U.S. and international copyright laws.

TRADEMARKS

Click here to see a non-exhaustive list of Dutyfreezone trademarks. In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Dutyfreezone Service are trademarks or trade dress of Dutyfreezone in the U.S. and other countries. Dutyfreezone's trademarks and trade dress may not be used in connection with any product or service that is not Dutyfreezone's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dutyfreezone. All other trademarks not owned by Dutyfreezone that appear in any Dutyfreezone Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dutyfreezone.

PATENTS

One or more patents owned by Dutyfreezone apply to the Dutyfreezone Services and to the features and services accessible via the Dutyfreezone Services. Portions of the Dutyfreezone Services operate under license of one or more patents. Click here to see a non-exhaustive list of applicable Dutyfreezone patents and applicable licensed patents.

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, Dutyfreezone or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Dutyfreezone Services. This license does not include any resale or commercial use of any Dutyfreezone Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Dutyfreezone Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Dutyfreezone or its licensors, suppliers, publishers, rightsholders, or other content providers. No Dutyfreezone Service, nor any part of any Dutyfreezone Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dutyfreezone. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Dutyfreezone without express written consent. You may not use any meta tags or any other "hidden text" utilizing Dutyfreezone's name or trademarks without the express written consent of Dutyfreezone. You may not misuse the Dutyfreezone Services. You may use the Dutyfreezone Services only as permitted by law. The licenses granted by Dutyfreezone terminate if you do not comply with these Conditions of Use or any Service Terms.

YOUR ACCOUNT

You may need your own Dutyfreezone account to use certain Dutyfreezone Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. Click here to manage your payment options. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. Dutyfreezone does sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Dutyfreezone Services only with involvement of a parent or guardian. Parents and guardians may create profiles for teenagers in their Dutyfreezone Household. Alcohol listings on Dutyfreezone are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Dutyfreezone reserves the right to refuse service, terminate accounts, terminate your rights to use Dutyfreezone Services, remove or edit content, or cancel orders in its sole discretion.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Dutyfreezone reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant Dutyfreezone a nonexclusive, royalty-free, and fully sublicensable right to use such content throughout the world in any media. You grant Dutyfreezone and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Dutyfreezone for all claims resulting from content you supply. Dutyfreezone has the right but not the obligation to monitor and edit or remove any activity or content. Dutyfreezone takes no responsibility and assumes no liability for any content posted by you or any third party.

INTELLECTUAL PROPERTY COMPLAINTS

Dutyfreezone respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please follow our Notice and Procedure for Making Claims of Copyright Infringement

RISK OF LOSS

All purchases of physical items from Dutyfreezone are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

RETURNS, REFUNDS AND TITLE

Dutyfreezone does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Dutyfreezone does not take title to the refunded item. For more information about our returns and refunds, please see our Returns Center

PRODUCT DESCRIPTIONS

Dutyfreezone attempts to be as accurate as possible. However, Dutyfreezone does not warrant that product descriptions or other content of any Dutyfreezone Service is accurate, complete, reliable, current, or error-free. If a product offered by Dutyfreezone itself is not as described, your sole remedy is to return it in unused condition.

PRICING

"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. We regularly check List Prices against prices recently found on Dutyfreezone and other retailers. Certain products may have a "Was Price" displayed, which is determined using recent price history of the product on Dutyfreezone.

With respect to items sold by Dutyfreezone, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Dutyfreezone is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

APP PERMISSIONS

When you use apps created by Dutyfreezone, such as the Dutyfreezone App or Kindle App, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. To learn more about these permissions, click here.

SANCTIONS AND EXPORT POLICY

You may not use any Dutyfreezone Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using Dutyfreezone Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software (including Dutyfreezone Software), technology, and services.

OTHER BUSINESSES

Parties other than Dutyfreezone operate stores, provide services or software, or sell product lines through the Dutyfreezone Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from Dutyfreezone. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). Dutyfreezone does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE DUTYFREEZONE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DUTYFREEZONE SERVICES ARE PROVIDED BY DUTYFREEZONE ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DUTYFREEZONE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DUTYFREEZONE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DUTYFREEZONE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DUTYFREEZONE SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, DUTYFREEZONE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DUTYFREEZONE DOES NOT WARRANT THAT THE DUTYFREEZONE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DUTYFREEZONE SERVICES, DUTYFREEZONE'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM DUTYFREEZONE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, DUTYFREEZONE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY DUTYFREEZONE SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY DUTYFREEZONE SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

DISPUTES

Any dispute or claim relating in any way to your use of any Dutyfreezone Service, or to any products or services sold or distributed by Dutyfreezone or through Dutyfreezone.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 300 Deschutes Way SW, Suite 304, Tumwater, WA 98501. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Dutyfreezone will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

APPLICABLE LAW

By using any Dutyfreezone Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Dutyfreezone.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies, such as our pricing policy, posted on this site. These policies also govern your use of Dutyfreezone Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

OUR ADDRESS

Dutyfreezone.com, Inc.P.O. Box 81226Seattle, WA 98108-1226

https://www.dutyfreezone.com

ADDITIONAL DUTYFREEZONE SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with Dutyfreezone Services (the "Dutyfreezone Software").

1. Use of the Dutyfreezone Software. You may use Dutyfreezone Software solely for purposes of enabling you to use the Dutyfreezone Services as provided by Dutyfreezone, and as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Dutyfreezone Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Dutyfreezone Software in whole or in part. All software used in any Dutyfreezone Service is the property of Dutyfreezone or its software suppliers and is protected by United States and international copyright laws.
2. Use of Third Party Services. When you use the Dutyfreezone Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Dutyfreezone Software, whether in whole or in part.
4. Updates. We may offer automatic or manual updates to the Dutyfreezone Software at any time and without notice to you.
5. Government End Users. If you are a U.S. Government end user, we are licensing the Dutyfreezone Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the Dutyfreezone Software are the same as the rights we grant to all others under these Conditions of Use.
6. Conflicts. In the event of any conflict between these Conditions of Use and any other Dutyfreezone or third-party terms applicable to any portion of Dutyfreezone Software, such as open-source license terms, such other terms will control as to that portion of the Dutyfreezone Software and to the extent of the conflict.

HOW TO SERVE A SUBPOENA OR OTHER LEGAL PROCESS

Dutyfreezone accepts service of subpoenas or other legal process only through Dutyfreezone’s national registered agent, Corporation Service Company (CSC). Subpoenas or other legal process may be served by sending them to CSC at the following address:

Dutyfreezone.com, Inc.Corporation Service Company300 Deschutes Way SW, Suite 304Tumwater, WA 98501Attn: Legal Department – Legal Process

Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; device serial number for Dutyfreezone devices; and IP address and complete time stamps.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT

If you believe that your intellectual property rights have been infringed, please submit your complaint using our online form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.

We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances.

We offer the following alternative to our online form for copyright complaints only. You may submit written claims of copyright infringement to our Copyright Agent at:

Copyright AgentDutyfreezone.com Legal DepartmentP.O. Box 81226Seattle, WA 98108phone: (206) 266-4064e-mail: [email protected] Courier address:Copyright AgentDutyfreezone.com Legal Department2021 7th AvenueSeattle, WA 98121USA

Written claims concerning copyright infringement must include the following information:

• A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Customer product reviews policies

Customer reviews are an integral part of the customer shopping experience on Dutyfreezone. Customers use these reviews to learn more about the product, assess whether it fits their needs, and make an informed purchase decision. Customer reviews also help sellers understand the customers’ sentiment about their products, what features or aspects of the product customers like, and what areas need improvements. Reviews also provide sellers with ideas on how to improve their products. In order for customer reviews to continue to provide these benefits to customers and sellers, they have to remain a true and authentic reflection of customers’ experiences with the products.

Dutyfreezone's Community Guidelines have specific policies that are meant to protect the authenticity of Customer Reviews, and we ask you to comply with these policies and report any violations you might notice.

We strongly urge you to thoroughly review Dutyfreezone Customer Reviews policies and immediately correct any violating actions. It is important that you educate your business partners, employees, and any third-party partners you work with about these policies as well. Any infractions by your business partners, employees, or third party agencies will result in enforcement actions, even if it happened without your knowledge or consent.

Violations to Customer Reviews policies include, but are not limited to, these actions:

• A seller posts a review of their own product or their competitor's product.
• A seller offers a third party a financial reward, discount, free products, or other compensation in exchange for a review on their product or their competitor’s product. This includes using services that sell customer reviews, websites, or social media groups.
• A seller offers to provide a refund or reimbursement after the buyer writes a review (including reimbursement via a non-Dutyfreezone payment method), and asks the buyer to change or remove the review, before or after the refund or reimbursement. This could be done via buyer-seller messaging on Dutyfreezone or directly contacting customers or using 3^rd party services, websites, or social media groups.
• A seller uses a third-party service that offers free or discounted products tied to a review (for example, a review club that requires customers to register their Dutyfreezone public profile so that sellers can monitor their reviews).
• A family member or employee of the seller posts a review of the seller's product or a competitor's product.
• A seller asks a reviewer to change or remove their review. They might also offer a refund or other compensation to a reviewer in exchange for doing so.
• A seller diverts negative reviews to be sent to them or to a different feedback mechanism while positive reviews are sent to Dutyfreezone.
• A seller creates a variation relationship between products with the aim of manipulating reviews and boosting a product’s star rating via review aggregation.
• A seller inserts a request for a positive Dutyfreezone review or an incentive in exchange for a review into product packaging or shipping box.
• A seller uses a customer account to write or change a review on his or his competitor’s product.

Note: References to “seller” here includes all the seller’s employees and third party partners.

Dutyfreezone has a zero-tolerance policy towards any customer reviews violations. If we detect any attempts to manipulate customer reviews, we take immediate actions that include, but are not limited to:

• Immediate and permanent withdrawal of the seller’s selling privileges on Dutyfreezone and withholding of funds.
• The removal of all the product’s reviews and preventing the product from receiving future reviews or ratings.
• Permanent delisting of the product from Dutyfreezone.
• Legal action against the seller, including lawsuits and referral to civil and criminal enforcement authorities.
• Disclosing the seller’s name and other related information publicly.

Policy Pages on Seller Central:

• Customer product reviews
• Answers to Questions about Product Reviews
• Communication Guidelines

Guidelines Pages on Dutyfreezone:

• Community Guidelines
• About Promotional Content
• Anti-Manipulation Policy for Customer Reviews

Account Health Rating program policy

On this page

Account Health Rating

AHR impact by severity

Repeat policy violations

More resources

Account Health Rating

To help you better manage your account health, we’ve created the Account Health Rating (AHR). The AHR indicates your selling account’s risk of deactivation due to non-compliance with certain Dutyfreezone selling policies. It is displayed on the seller’s Account Health page for each store in which they sell worldwide.

To learn more about the policies included in AHR, go to Policies included in Account Health Rating. To see a list of all of Dutyfreezone’s program policies, go to Program policies.

The AHR is a color-coded score that ranges from 0 to 1,000 and provides near real-time status of your account’s health, letting you know if your selling account in a particular store is at risk of deactivation. Upon detection of any new policy violations associated with your selling account, you lose points. You gain points when you successfully address those violations.

To ensure your account health is evaluated in the context of the size of your business, points are also granted when a minimum number of orders are filled. All new sellers start with a score of 200, and over time, sellers will see a score that accurately reflects their account health based on policy adherence and selling activities over the last 180 days.

If your AHR is green (“Healthy,” based on a score of 200-1,000), that means your account is not at risk of deactivation based on the policies comprising the score. If your AHR is yellow (“At Risk,” based on a score of 100-199), your account is at risk of deactivation. When your AHR is red (“Unhealthy,” based on a score of 99 or lower), your account is either eligible for deactivation or already deactivated.

To obtain and maintain a “Healthy” account, we encourage you to avoid policy violations, and if they happen, to address all violations listed on your Account Health page in a timely manner, prioritizing those with the greatest severity.

Regardless of your AHR score, Dutyfreezone may deactivate your account immediately if we suspect fraudulent, deceptive, illegal, or otherwise harmful activity, in order to protect customers, our selling partners, and Dutyfreezone’s store.

Get an introduction to the Account Health dashboard and learn the terms and metrics associated with account health by watching the video below:

 

To calculate your AHR, we assign a certain number of points to each policy violation based on the severity of the violation. There are four severity levels: critical, high, medium, and low. When determining the severity, we consider factors including the degree to which the violation negatively impacts the customer experience and whether the policy violation contravenes applicable laws and regulations.

Repeat policy violations

Multiple violations of the same policy impact your account health in two ways. First, the point values associated with violations included in your AHR increase each time that policy is violated. That means that repeat violations will cause your AHR to degrade faster, with higher severity repeat violations having the most impact.

Second, your account may be at immediate risk of deactivation if you reach the maximum number of repeat violations for infringement-related policies or restricted products policies in a 180-day period, regardless of your AHR. In most cases, the maximum number of repeat violations is five for infringement-related policies and two for restricted products policies.

In the future, we will add features to the Account Health page to help you better track the graduating impact of repeat violations. We may also implement additional maximum numbers of violations for other policy areas.

More resources

We want to help you maintain a healthy account, and we provide a number of resources to help you understand our policies. In the event that your account health starts to degrade and becomes eligible for deactivation, we may call you to offer personalized support.

We encourage you to ensure your Emergency Contact phone number is up to date. You can check if the number listed under Emergency Notifications is accurate by visiting the Notifications preferences page.

In addition to ensuring that you are reachable for personalized support, go to Account Health Rating: Frequently Asked Questions, where you’ll find detailed information and examples, advice on how to improve your AHR, and tips for monitoring your account health. We also offer videos via Seller University to help you better understand our policies.

As new policies launch, we update our Help pages, and try to provide sellers with information about policy- or account health-related changes via Account Health News whenever possible.

Referral fees reimbursement policy

On this page

Before you submit your request

Submit your reimbursement request

Limitations

Effective December 2, 2021, the requirements and limitations below apply to the reimbursement of referral fees. This policy does not apply to other fee reimbursements.

Referral fee category descriptions are available in our fee category guidelines. Dutyfreezone reserves the right to determine the validity of referral fee disputes, including for products that are not explicitly described in the guidelines. Any reimbursement will be based on the referral fee rate effective at the date of the disputed transaction.

Before you submit your request

• Determine the referral fee amount that you were charged on specific transactions using the Transaction report. This report allows you to download transactions in bulk. You can also click an amount under the Total column for a specific transaction.
• Check the Selling on Dutyfreezone fee schedule to determine if the amount you were charged is in line with your product’s category.
• Use the fee category guidelines if you’re unsure of your product’s category. If you can’t find your product in these guidelines, identify the category you believe your product belongs under and check the Selling on Dutyfreezone fee schedule for the rate of that category.

Submit your reimbursement request

If you have reviewed your referral fee amount in the Transaction report and believe it is inaccurate, contact Selling Partner Support and open a research request.

To be eligible for a reimbursement, you must provide the following documentation:

• The date of the transaction or transactions
• The transaction or transactions for which you believe an incorrect referral fee was charged, and the referral fee amounts you were charged
• The referral fee amount that you believe is correct for each transaction, and your rationale
• The category guidelines that place your product in a different category. If the category guidelines don't mention your product specifically, include which category you believe your product should belong under and your rationale for that placement. Disputes contrary to guidelines that are in effect at the time of the fee transaction will be declined.

Important: File a claim for reimbursement only when you can provide this documentation. A pattern of invalid claims for which research confirms the referral fee charged was accurate could cause further claims to be refused.

Limitations

For each fee charge, you may file only one claim. Additional claims for the same fee charge will be declined.

We may request additional documentation to process your claim. Claims with insufficient documentation may be declined and closed.

Once we complete our investigation, we'll notify you whether you are eligible for reimbursement.

If you disagree with the investigation’s conclusions, you can file an appeal by requesting in the same case that the case be transferred for a second, independent review. If the case has been resolved, reopen the case to request the appeal. Dutyfreezone's appeals determinations are final.

Standards for Brands Selling in the Dutyfreezone Store

Dutyfreezone obsesses over providing our customers the best possible shopping experience. Since the inception of our store, one way we have ensured a great customer experience is by sourcing products directly from Brands and selling them to customers in our store ourselves. In order to preserve that customer experience, we may choose to source products from some Brands for sale by Dutyfreezone only. Other Brands can operate as sellers in the Dutyfreezone store if they can consistently maintain our standards for customer experience. However, to prevent customer confusion, if any of the Brand’s products are sold by Dutyfreezone via Dutyfreezone retail, the Brand may not sell those products via Seller Central in the Dutyfreezone store.

We measure customer experience in a number of ways, including high in-stock rates, delivery experience, price competitiveness, and selection completeness. We offer several tools and services to help you meet our standards and sell successfully in the Dutyfreezone store, including tools for inventory management and automated pricing, fulfillment services like Fulfillment by Dutyfreezone (FBA), and services to grow and protect your Brand like Brand Registry.

If you are unable to maintain our standards for customer experience, you might lose certain privileges associated with operating as a seller in the Dutyfreezone store (including having your offers featured on product detail pages), or you might lose the opportunity to operate as a seller in the Dutyfreezone store altogether. In that case, you can still offer to sell your products to Dutyfreezone so that your products can be sold through Dutyfreezone retail

Who does this policy apply to?

This policy applies to Brands and manufacturers, as well as their agents, licensees, and other representatives selling on their behalf in the Dutyfreezone store.

What is the purpose of this policy?

To ensure that we are providing customers the best possible experience while shopping in the Dutyfreezone store.

Does this policy impact my ability to sell through other retailers?

No. You are free to sell through other retailers.

How will I know if I need to take any action under this policy?

We will notify Brands if they are impacted by this policy, whether they need to take any actions to maintain a great customer experience, what options they have to take those actions, and the deadlines for taking them.

Supply Chain Standards

We expect that all products for sale in Dutyfreezone stores or sent to Dutyfreezone are manufactured and produced in accordance with our Supply Chain Standards, even when our standards exceed the requirements of applicable law. We are strongly committed to ensuring that these products are produced in a way that respects human rights and the environment and protects the fundamental dignity of workers.

We evaluate credible allegations or reports of violations of our Supply Chain Standards, including, but not limited to, those related to the following issues:

• Forced, indentured, or child labor
• Discrimination, harassment, or the physical, verbal, or psychological abuse of workers
• Environmental issues, such as industrial or hazardous waste discharges, that pose a risk to workers or the community
• Hazardous or unsafe working conditions
• Ethical violations

We may ask you to provide certain documentation regarding your products or supply chain. More information can be found on the Responsible sourcing documentation page.

If we believe that your products violate applicable laws or any of our policies, including our Supply Chain Standards, we will take corrective actions as appropriate. These actions may include, but are not limited to, returning inventory at your expense, immediately suspending or terminating selling privileges, destroying inventory in our fulfillment centers without reimbursement, or terminating the business relationship.

A-to-z Claims Process for Property Damage and Personal Injury

Note: For information about A-to-z Guarantee Claims regarding delivery, product condition or return experience, please see our A-to-z Guarantee help pages.

We want all customers to shop with confidence in our store, regardless of whom they are buying from. To provide that confidence, we offer a quick and efficient process (the A-to-z Claims Process) to assist customers and sellers to resolve claims in the unlikely event a defective product sold through Dutyfreezone.com causes property damage or personal injury.

This process can avoid costly litigation and does not expand your existing financial exposure for product liability. You do not waive any rights or defenses to any claim by participating. Although Dutyfreezone may resolve certain claims as explained below (for example, if you fail to respond), if you or your insurer disagree with Dutyfreezone’s resolution, you may always contest that decision.

This policy describes the A-to-z Claims Process for sellers for products sold through Dutyfreezone.com. To view the terms and conditions for customers, see the A-to-z Claims Process Terms & Conditions

Claim Initiation and Screening. A customer may make a claim under the A-to-z Claims Process by contacting customer service. We will work with external, independent claims adjusters to gather relevant information and attempt to filter out fraudulent, abusive, or frivolous claims. We will then notify you of claims we believe may be valid. Resolution of those claims depends on the amount of the claim and whether you have uploaded proof of the commercial liability insurance required by the Dutyfreezone Services Business Solutions Agreement.

For customer claims of $1000 or less, Dutyfreezone will resolve the claim through a concession to the customer and will not request reimbursement from you or your insurer if you provide proof of insurance. Upon receiving a claim of $1000 or less, Dutyfreezone or our third-party administrator will attempt to resolve the claim directly with the customer while providing you with details about the claim. In addition, you will have an opportunity to respond to the customer or to us with any information you feel is relevant to our review of the claim, such as evidence that your product was not defective or did not cause the customer’s damage or injury. If we are able to resolve the claim with the customer, we will ask you to provide proof of your insurance within 7 days (if you have not already done so through the Business Insurance page). If you already have insurance or if we request that you obtain it and you subsequently provide proof of coverage, we will not request reimbursement from you or your insurance provider for the amount we pay to the customer as a concession for their claim.

If you are required to have insurance or we request that you obtain insurance and you do not provide proof of coverage within 7 days after we notify you of a claim, we will expect you to reimburse us for any concession we grant to the customer to resolve their claim. In addition, we may withhold funds from your disbursements in the amount of the concession. If you disagree with our decision to provide a concession to the customer, you can dispute the concession by submitting an appeal within 30 days. Your appeal should include any information that you think would be relevant to our review of the claim, such as evidence that your product was not defective or did not cause the customer’s injury or damage.

For customer claims above $1000, you or your insurer must handle the claim directly with the customer. If you have provided proof of your insurance to Dutyfreezone through the Business Insurance page, we will notify you of the claim and transfer the claim directly to your insurer for handling. Otherwise, we will notify you of the claim directly, and you must respond to our notice within 7 days. We will check in with you or your insurer and the customer regularly for updates to the claim status, and expect you to work with the customer to attempt to resolve the claim within 30 days, unless the customer is not cooperative or the claim is too complex for a quick resolution. If you are able to resolve the claim, you must also provide us with a signed agreement from the customer releasing you, Dutyfreezone and its affiliates from further liability. To access a form, you can download the release agreement form.

If we determine that you or your insurer are creating an unwarranted delay, are not responding to a claim, or have denied a claim we think is valid, Dutyfreezone or its third-party administrator may step in to attempt to resolve the claim directly with the customer. In this case, Dutyfreezone will review the claim and attempt to resolve it (if appropriate) through our third-party claims administrator. We will then notify you of the decision, the basis for the decision, and the amount we are seeking in reimbursement (if any). If you have insurance, we will seek reimbursement from your insurer and will not seek reimbursement from you. If you do not have insurance, we will seek reimbursement from you. If you or your insurer disagree with our decision, you or your insurer can dispute it by appealing within 30 days. After the conclusion of any appeals, Dutyfreezone may commence arbitration to collect any amounts we are seeking in reimbursement. You and we retain all rights and defenses to our effort to seek reimbursement.

More information on the process for property damage and personal injury claims and insurance requirements can be found in the frequently asked questions below.

Frequently asked questions

What types of defective product claims are eligible for the A-to-z Claims Process?

The A-to-z Claims Process provides a process for attempting to resolve property damage and personal injury claims caused by verifiably defective products sold on Dutyfreezone.com. When we attempt to resolve a claim, we will offer to pay only medical expenses, lost wages, and property damage caused by a defective product. We will not offer to pay for non-economic damages, business losses, consequential and incidental damages, attorney fees, punitive damages, or other losses through the A-to-z Claims Process. For more information on claims eligibility, see the A-to-z Claims Process Terms and Conditions.

Does the A-to-z Claims Process expose my business to additional liability?

No. The A-to-z Claims Process will not attempt to impose on you financial responsibility beyond what you are already liable for as a seller of products under the relevant product liability law. If we resolve a claim with a customer through the A-to-z Claims Process and seek reimbursement from you or your insurer, we will only seek reimbursement to the extent of your existing legal liability. The A-to-z Claims Process provides sellers and customers with a streamlined process for resolving claims, which reduces the likelihood of a lengthy and costly lawsuit for either party. However, if you, your insurer, or Dutyfreezone are unable to resolve the claim with the customer, or the customer’s claim is rejected, neither you, the customer, nor Dutyfreezone waives any rights or defenses by participating in this process.

Am I required to have insurance?

Effective September 1, 2021, once you reach $10,000 in gross proceeds in any month, you are required under your selling agreement with Dutyfreezone to carry commercial liability insurance with limits of at least $1 million in the aggregate and name Dutyfreezone as an additional insured. For more information on the requirements, see the Commercial Liability Insurance policy. This is to cover any losses related to products you sell in our stores, including customer claims for property damage and personal injury as a result. To help you secure insurance, Dutyfreezone connects you directly with a network of insurance providers who have agreed to work with Dutyfreezone through the A-to-z Claims Process. You do not need to use this network; you may secure insurance independently. Please note that whoever you obtain insurance from, we may exchange information with that insurer about your sales history on Dutyfreezone and about any claims made against your products (see What information may be exchanged with my insurance provider?). If you carry appropriate commercial liability insurance and have uploaded proof of your insurance to the Business Insurance page, we will not seek reimbursement of claims that we are able to resolve with customers for less than $1000. For more information about this requirement and obtaining insurance, see Commercial Liability Insurance policy.

What information may be exchanged with my insurance provider?

Dutyfreezone may share information about your Dutyfreezone selling account with insurance providers, either during the insurance application process or with insurers you identify as providing insurance coverage for your products, so that those insurers may determine whether and under what conditions to insure or continue insuring your products. Examples of information we may share with insurers includes the types of products you sell, the volume of sales of such products, any safety complaints or other claims made against your products, and any concessions that Dutyfreezone offers to its customers for claims of injury or property damage relating to your products. Your insurance provider may share with Dutyfreezone information to verify your insurance coverage, as well as the volume and status of any claims for injury or property damage relating to your products. Dutyfreezone uses information provided by insurance providers to confirm your continued insurance coverage, identify potentially unsafe products, and improve the customer experience in our store. For more information about how Dutyfreezone handles your personal information, see our Privacy Notice.

What are the insurance requirements?

You can find the insurance requirements in our Commercial Liability Insurance policy.

What happens if I don’t have insurance?

Once you reach certain sales thresholds, or otherwise if requested by us, you are required to maintain valid insurance under your seller agreement. If you do not obtain the required insurance, we will seek reimbursement for costs we incur in resolving claims, regardless of sales thresholds, unless we agree to waive our right to reimbursement. We may also restrict you from selling in a particular category or even suspend your account until you provide proof of insurance. We will provide notice of any such actions. If you are not required to have insurance and a customer files a claim, we may request that you obtain insurance; if you subsequently provide proof of insurance, we will not seek reimbursement for claims less than $1,000, but we will expect you to reimburse us for any claims more than $1,000.

What should I do when Dutyfreezone notifies me of a claim?

You or your insurance company must respond to the notification from Dutyfreezone or our third-party claims administrator within 7 days indicating whether you will accept handling of the claim. If Dutyfreezone has already paid the claim to the customer, you have 30 days to appeal the decision. You may also need to provide proof of liability insurance coverage, if you have not already done so. This usually takes the form of a Certificate of Insurance issued by your insurance company and details the property and persons covered, the amount of coverage, and any exclusions or deductibles.

How does Dutyfreezone resolve defective product claims?

Dutyfreezone uses an external, independent third-party claims administrator to evaluate claims based on information provided by you and the customer, consistent with established insurance industry standards. We may also choose to simply provide a concession to customers. We may decline to resolve claims if there is not sufficient evidence that the product was defective or if the defect did not result in damages claimed by the customer. We may also reject customer claims that we believe are unsubstantiated, frivolous, abusive, or not suited for the A-to-z Claims Process. If we reject a claim or otherwise are not able to resolve it through the A-to-z Claims Process, customers still have the opportunity to pursue those claims, and you and we will be able to challenge those claims in court.

If I disagree with Dutyfreezone’s decision on a claim, how can I dispute it?

You can contest any of Dutyfreezone’s decisions under the A-to-z Claims Process by appealing from the notification you received from Dutyfreezone or our third-party claims administrator. You must appeal the decision within 30 days of when we notify you of the claim’s resolution. You can provide any information that you think would be relevant to our review, such as evidence that the product you sold was not defective or did not cause the customer’s injury or damage. This could include information from the manufacturer, other seller, or delivery service. If we are not able to resolve your dispute through your appeal or if you disagree with the outcome of that appeal, you can continue to defend that claim, and you and we retain all rights and defenses to any effort by us to seek reimbursement.

What if I choose to handle the claim but am unable to resolve the claim to the customer’s satisfaction, or within the 30-day timeframe?

For most claims, 30 days should provide adequate time for you to resolve the claim with the customer, but we understand that certain complex claims may require additional time to resolve. Once you or your insurer take over handling of a claim, we will check in with you periodically regarding the status of the claim and any barriers to resolution. If at any time we determine that there is an unwarranted delay or you are not responsive regarding the status of the claim, Dutyfreezone or its third-party administrator may step in to attempt to resolve the claim directly with the customer and seek reimbursement from you. We will notify you of the decision and the reimbursement amount for which you are responsible, if any. If you have insurance, we will seek reimbursement from your insurer; if not, we will seek reimbursement from you. You can appeal our decisions (see If I disagree with Dutyfreezone’s decision on a claim, how can I dispute it?) and neither you nor Dutyfreezone waives any rights or defenses to our reimbursement requests.

What happens if I deny the claim or the customer does not accept my resolution of the claim?

If you or your insurer handle the claim directly with the customer and the customer does not accept your resolution of the claim, Dutyfreezone or its third-party administrator may step in to attempt to resolve the claim directly with the customer and seek reimbursement from you. We will notify you of the decision and the reimbursement amount for which you are responsible, if any. If you have insurance, we will seek reimbursement from your insurer; if not, we will seek reimbursement from you. You can appeal our decisions (see If I disagree with Dutyfreezone’s decision on a claim, how can I dispute it?) and neither you nor Dutyfreezone waives any rights or defenses to our reimbursement request. If you, your insurer, or Dutyfreezone are unable to resolve the claim with the customer, or the customer’s claim is rejected, neither you, the customer, nor Dutyfreezone waives any rights or defenses by participating in this process and you retain the right to defend the claim.

Am I responsible for paying the customer?

If you or your insurer handle the claim directly with the customer, you or your insurance company are directly responsible for resolving the claim and paying the customer, if warranted. For claims handled by Dutyfreezone or our third-party claims administrator, we will seek reimbursement (if any) from your insurance company if you have insurance, or from you if you do not have insurance.

What should I do once I have finalized resolution of the claim?

You or your insurance provider will need to respond to the notification you receive from Dutyfreezone or our third-party claims administrator to notify us whether the claim was paid or denied and your reasons for that determination. If the claim was paid, you will confirm the customer accepted your offer and provide proof of payment. You must also provide us with a signed agreement from the customer releasing you, Dutyfreezone and its affiliates from further liability. To access a form, you can download the release agreement form.

Do property damage and personal injury claims impact my Order Defect Rate (ODR)?

No. However, we may remove products that we believe may be unsafe and we encourage you to confirm the safety of any products that are subject to such claims. A-to-z Guarantee claims regarding delivery, product condition, or return experience, are reflected in your ODR.

Dutyfreezone Anti-Counterfeiting Policy

Products offered for sale on Dutyfreezone must be authentic. The sale of counterfeit products is strictly prohibited. Failure to abide by this policy may result in loss of selling privileges, funds being withheld, and disposal of inventory in our possession.

It is each seller’s and supplier’s responsibility to source, sell, and fulfill only authentic products. Prohibited products include bootlegs, fakes, or pirated copies of products or content; products that have been illegally replicated, reproduced, or manufactured; and products that infringe another party’s intellectual property rights. If you sell or supply inauthentic products, we may immediately suspend or terminate your Dutyfreezone selling account (and any related accounts) and dispose of any inauthentic products in our fulfillment centers at your expense. In addition, we do not pay sellers until we are confident our customers have received the authentic products they ordered. We may withhold payments if we determine that an Dutyfreezone account has been used to sell inauthentic goods, commit fraud, or engage in other illegal activity.

We work with manufacturers, rights holders, content owners, vendors, and sellers to improve the ways we detect and prevent inauthentic products from reaching our customers. As a result, we remove suspect listings based on our own review of products. We also work with rights holders and law enforcement worldwide to take and support legal action against sellers and suppliers that knowingly violate this policy and harm our customers. In addition to criminal fines and imprisonment, sellers and suppliers of inauthentic products may face civil penalties including the loss of any amounts received from the sale of inauthentic products, the damage or harm sustained by the rights holders, statutory and other damages, and attorney’s fees.

Dutyfreezone strives to ensure a trustworthy shopping experience for our customers. By selling on Dutyfreezone, you agree that:

• The sale of counterfeit products is strictly prohibited.
• You may not sell any products that are not legal for sale, such as products that have been illegally replicated, reproduced, or manufactured
• You must provide records about the authenticity of your products if Dutyfreezone requests that documentation

Failure to abide by this policy may result in loss of selling privileges, funds being withheld, destruction of inventory in our fulfillment centers, and other legal consequences.

More information

• Sell Only Authentic and Legal Products. It is your responsibility to source, sell, and fulfill only authentic products that are legal for sale. Examples of prohibited products include:
  • Bootlegs, fakes, or pirated copies of products or content
  • Products that have been illegally replicated, reproduced, or manufactured
  • Products that infringe another party’s intellectual property rights
• Maintain and Provide Inventory Records. Dutyfreezone may request that you provide documentation (such as invoices) showing the authenticity of your products or your authorization to list them for sale. You may remove pricing information from these documents, but providing documents that have been edited in any other way or that are misleading is a violation of this policy and will lead to enforcement against your account.
• Consequences of Selling Inauthentic Products. If you sell inauthentic products, we may immediately suspend or terminate your Dutyfreezone selling account (and any related accounts), dispose of any inauthentic products in our fulfillment centers at your expense, and/or withhold payments to you.
• Dutyfreezone Takes Action to Protect Customers and Rights Owners. Dutyfreezone also works with manufacturers, rights holders, content owners, vendors, and sellers to improve the ways we detect and prevent inauthentic products from reaching our customers. As a result of our detection and enforcement activities, Dutyfreezone may:
  • Remove suspect listings.
  • Take legal action against parties who knowingly violate this policy and harm our customers. In addition to criminal fines and imprisonment, sellers and suppliers of inauthentic products may face civil penalties including the loss of any amounts received from the sale of inauthentic products, the damage or harm sustained by the rights holders, statutory and other damages, and attorney’s fees.
• Reporting Inauthentic Products. We stand behind the products sold on our site with our A-to-z Guarantee, and we encourage rights owners who have product authenticity concerns to notify us. We will promptly investigate and take all appropriate actions to protect customers, sellers, and rights holders. You may view counterfeit complaints on the Account Health page in Seller Central.

Intellectual Property Policy for Sellers

This policy provides an overview of intellectual property (IP) rights and some common IP concerns that might arise when selling on Dutyfreezone. When you sell on Dutyfreezone:

• You must comply with all federal, state, and local laws and Dutyfreezone policies applicable to your products and product listings
• You may not violate the IP rights of brands or other rights owners

Violating this policy may result in loss of selling privileges or other legal consequences.

Important: This policy is not legal advice. You should consult a lawyer if you have a specific question about your IP rights or the IP rights of others.

There are 3 main types of IP rights:

• Copyrights are legal protections for original works of authorship
• Trademarks are legal protections for a word, symbol, design, or combination of the same that a company uses to identify goods and services
• Patents are legal protections for inventions

Dutyfreezone’s IP enforcement

• Responding to an IP infringement notice. If you receive a notice or warning for infringement and you believe the rights owner or Dutyfreezone made an error, you may appeal or dispute the claim.

Type of notice or warning	Actions you may take
For a product you never listed on Dutyfreezone	Reply to the notification you received and let us know that you have never listed the reported product. We will investigate to determine if an error occurred.
If you have an established relationship with the rights owner	If you have a license or other agreement that allows you to use the IP identified in the notice, contact the rights owner who submitted the complaint to request a retraction. Your content may be reinstated if we receive a retraction from the rights owner.
Trademark or Counterfeit infringement on the product or packaging	Use the Account Health Dashboard present in your selling account to provide an invoice or Order ID that demonstrates the authenticity of the product. We will then re-evaluate the notice and your content may be reinstated.
Trademark or Counterfeit infringement on the product detail page	Modify the product detail page or pages to ensure they do not infringe the trademark and then submit your appeal by going to the Account Health page. OR If you believe your listing was removed in error, you may submit your appeal by going to the Account Health page. Please provide supporting documentation (e.g., letter of authorization, licensing agreement). We will then re-evaluate the notice, and your content may be reinstated.
Patent infringement	Reply to the notification you received, with specific reasons as to why you believe a mistake was made. You may also provide a court order demonstrating that your product is non-infringing or that the asserted patent is invalid or unenforceable.
Copyright infringement	You may file a counter-notice under the Digital Millennium Copyright Act. The counter-notice must be sent to the email provided in your copyright warning and must include: Your physical or electronic signature. You can sign electronically by typing your name with an indication that it is intended to be a signature: “/s/ Seller Name.” Identification of the material that has been removed or to which access has been disabled, and the specific location where the material appeared before it was removed or access was disabled. An ASIN is generally sufficient. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of error or misidentification of the material to be removed or disabled. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your seller address is located; or, if you are located outside the United States, to the jurisdiction of the United States District Court for the Western District of Washington, and that you will accept service of process from the person who provided notification of alleged copyright infringement or an agent of such person.

• Multiple warnings of IP infringement. If you have received multiple warnings of IP infringement and you believe you are selling non-infringing products, submit an appeal via Seller Central with the following information:

A list of the allegedly infringing ASINs and at least one of the following, as applicable:

1. Invoices proving the authenticity of your products (you may remove pricing information); OR
2. Dutyfreezone order IDs demonstrating product authenticity; OR
3. An authorization letter from the rights owner (cannot be a forwarded email); OR
4. A court order finding that your product does not infringe the asserted IP, or that the asserted IP is invalid or unenforceable.

• Account suspension. If your account has been suspended because of notices of IP infringement against your products or content, you can provide us with a viable Plan of Action. To learn more, refer to Create a plan of action to reinstate selling privileges

You should send your Plan of Action via your account dashboard or reply to the account suspension notification that you received. We will evaluate your Plan of Action and determine if your account may be reinstated. Note that Dutyfreezone terminates the accounts of repeat infringers in appropriate circumstances.

• Sellers are expected to follow the law. Dutyfreezone takes claims of IP infringement seriously. Even if a seller is infringing IP without knowledge, we will still take action and the seller’s account might receive a warning or be suspended. You should consult an attorney for help to ensure that you have the right procedures in place to prevent IP infringement.

Guidelines for use of the Available at Dutyfreezone Badge by Sellers

If you are an Dutyfreezone Seller, you may use the “Available at Dutyfreezone” badge (the “Badge”) provided below and if you comply with the Trademark Usage Guidelines (“Guidelines”) on this page. If you comply with the Guidelines, you do not need any further approval from Dutyfreezone to use the Badge. The Guidelines include requirements that:

• You use the Badge only to advertise that your products are available for purchase on an Dutyfreezone website.
• You not alter the Badge in any manner, and it must appear in its entirety.
• You may not use the Badge in any manner that implies sponsorship or endorsement by Dutyfreezone.
• You may not use any Dutyfreezone logos or other Dutyfreezone trademarks, other than the Badge, in your online or offline marketing materials (including product listings on Dutyfreezone websites) unless you have written permission from Dutyfreezone.

Trademark Usage Guidelines

These Guidelines apply to your use of the Badge, which is a trademark owned solely by Dutyfreezone. As used in these Guidelines, the term "we," "us," or "Dutyfreezone" means Dutyfreezone Services LLC or any of its affiliate companies, and "you" means the seller (either a person or business entity) using the Badge. Strict compliance with these Guidelines is required at all times, and any use of the Badge in violation of these Guidelines will automatically terminate any license related to your use of the Badge.

 

1. You are allowed to use the Badge only to advertise the availability of your products on an Dutyfreezone website. You may use the Badge only (a) on your own website, (b) in online advertisements, and/or (c) in offline advertisements.
2. You are allowed to link the Badge to an Dutyfreezone website.
3. You may use the Badge solely for the purpose expressly authorized by Dutyfreezone in these Guidelines, and your use must: (i) comply with the most up-to-date version of these Guidelines; and (ii) comply with any other terms, conditions, or policies that Dutyfreezone may issue from time to time that apply to the use of the Badge.
4. Below is the approved Badge image for you to use. You may not alter the Badge in any manner, including but not limited to, changing the proportion, color, or font of the Badge, or adding or removing any element(s) to or from the Badge.
5. The Badge must appear in its entirety, with reasonable spacing between each side of the Badge and other visual, graphic, or textual elements. Under no circumstance should the Badge be placed on any background that interferes with the readability or display of the Badge.
6. Do not use the Badge as part of a sentence. For example, do not say, "Our products are (Badge), so please shop online."
7. You may not use the Badge in any manner that implies sponsorship or endorsement by Dutyfreezone, other than by using the Badge as specifically authorized in these Guidelines by Dutyfreezone.
8. You may not use the Badge to disparage Dutyfreezone, its products or services, or in a manner that, in Dutyfreezone's sole discretion, may diminish or otherwise damage or tarnish Dutyfreezone or Dutyfreezone's goodwill in the Badge or any other Dutyfreezone trademarks.
9. Unless otherwise approved, product images must not include any Dutyfreezone logos or other trademarks, or variations, modifications or anything confusingly similar to Dutyfreezone's logos and other trademarks. This includes, but is not limited to, any words or logos with the terms DUTYFREEZONE, PRIME, ALEXA, or the Dutyfreezone Smile design, as well as other Dutyfreezone badges, including “Dutyfreezone's Choice,” “Premium Choice,” “Dutyfreezone Alexa,” “Works with Dutyfreezone Alexa,” “Best Seller,” or “Top Seller.”
10. You may include the following statement in and on any materials that display the Badge (hard copy or electronic): "Dutyfreezone's trademark is used under license from Dutyfreezone.com, Inc. or its affiliates."
11. You acknowledge that all rights to the Badge, and all other Dutyfreezone trademarks, are the exclusive property of Dutyfreezone, and all goodwill generated through your use of the Badge will inure solely to the benefit of Dutyfreezone. You will not take any action that conflicts with Dutyfreezone's rights in, or ownership of, the Badge, or any other Dutyfreezone trademarks.

Dutyfreezone reserves the right, exercisable at its sole discretion, to modify these Guidelines and/or the approved Badge and to take appropriate action against any use without permission or any use that does not conform to these Guidelines.

If you have questions about these Guidelines, please contact [email protected] for assistance.

Unsuitable inventory investigations policy

Customer trust is paramount to Dutyfreezone, and we strictly prohibit the sale of counterfeit products and other illegal goods. If we find that you have engaged in the sale of such goods through our fulfillment network, we may deactivate your account and offers, consistent with section F-7 of the Fulfillment by Dutyfreezone Service Terms in the Business Solutions Agreement ("FBA Service Terms"). We may also withhold and/or dispose of your inventory in order to protect our customers and sellers.

Dutyfreezone will notify you if we require additional information about inventory that we have determined may constitute Unsuitable Units under the FBA Service Terms. If your inventory is withheld due to suspected violations of our anti-counterfeit and restricted products policies, we will notify you by email and conduct an investigation.

As part of this investigation, we may request that you provide additional information or documentation regarding your identity, product authenticity, and compliance with applicable laws. We may validate any information that you provide with third parties or government agencies. We may withhold some or all of your inventory while we investigate.

If you do not provide the information we request by the stated deadlines, or if we find that any of your inventory constitutes Unsuitable Units, including but not limited to as a result of fraudulent or illegal activity such as the sale of counterfeit products or illegal goods, the violation of Dutyfreezone’s anti-counterfeit policy, or submitting forged documents to Dutyfreezone, we may dispose of any such inventory immediately, in accordance with the FBA Service Terms. If we determine that your inventory has not violated this policy, we may release the hold on your inventory or allow you to request that it be returned to you.

Dutyfreezone Marketplace Fair Pricing Policy

Sellers are responsible for setting their own prices on Dutyfreezone marketplaces. In our mission to be Earth's most customer-centric company, Dutyfreezone strives to provide our customers with the largest selection at the lowest price, and with the fastest delivery as sellers play an important role.

Dutyfreezone regularly monitors the prices of items on our marketplaces, including shipping costs, and compares them with other prices available to our customers. If we see pricing practices on a marketplace offer that harms customer trust, Dutyfreezone can remove the Buy Box, remove the offer, suspend the ship option, or, in serious or repeated cases, suspending or terminating selling privileges.

Pricing practices that harm customer trust include, but are not limited to:

• Setting a reference price on a product or service that misleads customers;
• Setting a price on a product or service that is significantly higher than recent prices offered on or off Dutyfreezone; or
• Selling multiple units of a product for more per unit than that of a single unit of the same product.
• Setting a shipping fee on a product that is excessive. Dutyfreezone considers current public carrier rates, reasonable handling charges, as well as buyer perception when determining whether a shipping price violated our fair pricing policy.

Dutyfreezone Policy on Reference Prices

In many product categories, you have the option of supplying a reference price, such as a List Price (for example, a Manufacturer's Suggested Retail Price or MSRP). Reference prices are displayed in several places, including on product detail pages and in search results for your products, to show savings to customers.

• The List Price you provide should represent the price at which you, or other retailers or sellers, have recently made or intend to make substantial sales of the product in question.
• You also are responsible for ensuring that the reference prices you provide to us remain current.

If you do not have a ready-to-provide List Price, a possible value could be the first price at which you offered or will offer the product. You can also provide a value of 0 to indicate you do not have a List Price. If Dutyfreezone cannot verify your List Price, we might not use it.

Other reference prices

A Was Price is automatically computed and changes over time. The Was Price is determined using the 90-day median price paid by customers for the product on Dutyfreezone.. We exclude prices paid by customers for the product during a limited time deal.

ASIN creation policy

On this page

ASIN creation by non-brand owners

ASIN creation limit

Variation policy

Duplicate ASIN creation policy

How are duplicates created?

Tips to avoid creating duplicate ASINs

To create an ASIN, go through the process as outlined in our Add a Product tool. To sell a product available in the Dutyfreezone catalog, match it to the existing ASIN by creating an offer. If your product is not in the Dutyfreezone catalog, you will have to create a single new ASIN for the product.

ASIN creation by non-brand owners

To protect the customer shopping experience, we limit the creation of new ASINs for a brand enrolled in Brand Registry by sellers who are not associated with the brand owner.

If you encounter the following error message, it is because you are not associated with the brand owner and therefore restricted from creating new ASINs for the brand. You may still seek approval to create the new ASIN if you can show that it is an authentic product of the brand, for which no ASIN exists yet. Providing all the necessary information on the first contact will reduce the time it will take for your request to be reviewed.

Error code	Error message	Requested information
5461	You may not create new ASINs for this brand. However, you are free to add offers to any existing ASIN for this brand (listing limitations may apply). Please review our ASIN creation policy for more information. If you believe the product you want to sell is not already listed in the Dutyfreezone catalog and should be listed as a new ASIN, contact Selling Partner Support and mention error code 5461. Before contacting Selling Partner Support, review the ASIN Creation Policy and confirm your product is not already listed on the catalog. When contacting Selling Partner Support, provide the following information: Product title (including any variations in color, size, measurements, model/part number, etc.) Brand Manufacturer Category Description SKU UPC/EAN/JAN if available If using inventory file templates, please provide the Batch ID of the inventory file process report Real-world images of the product (front and back images of the product including bar code, along with UPC and brand name, packaged and unpackaged, and unfolded if the item is apparel)	Product name Brand Manufacturer Category Description SKU UPC/EAN/JAN Product title including any variations in color, size, measurements, model/part number, etc. Batch ID of inventory file process report Screen shot of the error code you received Images of the product (front and back images of the product including bar code along with UPC and brand name; packaged and unpackaged; unfolded if the item is apparel)

Where do I find product information?

Brand name, UPC or EAN/JAN, and part number (or model/style number) can be found on a purchase order or invoice from the manufacturer or distributor from which your product was purchased. Some information may be available directly from the product packaging or through the manufacturer’s catalog or website.

ASIN creation limit

To protect the onsite shopping experience for our customers, we limit the number of listings (offers and ASINs) you can create in a given week until you establish a sales history with Dutyfreezone. As you increase your sales, your capacity will increase. We encourage you to prioritize the products you are listing to increase your sales quickly.

Additionally, if you are an established seller and have created a high number of new listings, we reserve the right to temporarily remove your ability to create new listings. We will re-evaluate your status on a weekly basis.

If you think your listing creation privileges have been removed in error, contact Selling Partner Support.

Variation policy

Variations are sets of products that are related to one another. Good variation relationship listings allow buyers to compare and choose products based on different attributes such as size, color, or other characteristics from the available options on a single product detail page. For more information, go to Variation Relationship Overview.

The following prohibited practices are misuses of variations, either of the parent ASIN or in parent-child relationships. These practices create a negative customer experience and can result in your ASIN creation or selling privileges being temporarily or permanently removed:

• Changing the product’s detail page (parent or child) to become fundamentally different from the original product listed
• Changing the parent product's detail page so it does not match the children
• Adding incorrect child variations that are not true variations of the parent product. This includes but is not limited to:
  • Adding products that are fundamentally different from the parent ASIN
  • Adding products images and/or names that are that are fundamentally different from the parent ASIN
  • Adding products that are newer versions or models of the parent ASIN
• Adding multi-pack variations that aren’t manufacturer-created to an already existing parent
  • If you’ve created a multi-pack listing that is not directly sold by the manufacturer, you must match your listing to an identical multi-pack product detail page. If an identical multi-pack detail page doesn’t exist, you must create a new product detail page with its own unique UPC
  • Adding multi-pack children by bundling two or more of the same manufacturer products, that is, bundling two three-packs to create a package quantity of six. Multi-pack children must be packaged by the manufacturer. If a customer wants to buy two or more of the same product, they can select that quantity for purchase

Duplicate ASIN creation policy

Creating a new ASIN when the product already exists in Dutyfreezone's catalog is prohibited and can result in your ASIN creation or selling privileges being temporarily suspended or permanently removed.

Matching your products to existing products in Dutyfreezone’s catalog helps drive a high-quality customer experience. Matching to an existing product instead of creating a duplicate listing allows you to more fully benefit from buyer interest and traffic for that product.

How are duplicates created?

Duplicates are most commonly created when one or more of the following happens:

• You incorrectly use the UPC, EAN, ISBN, ASIN, or JAN not belonging to the product (such as from another product) to identify the product you are selling.
• You introduce distinct UPCs, EANs, ISBNs, or JANs for identical products. For example:
  • You assign a product a new UPC or EAN in each Dutyfreezone marketplace where you sell the product.
  • You assign a new UPC or EAN for compatible products such as a laptop charger that is compatible with multiple laptops.
• You are an Dutyfreezone Brand Registry seller using an alternative key attribute to list your products. If you use multiple key attribute values to list the same product, a new ASIN will be created for each key attribute value.
• You have received a product identifier exemption for a product that actually has a product identifier. Listing it without an identifier will create a duplicate.

Tips to avoid creating duplicate ASINs

Ensure that you always use the appropriate UPC, EAN, ISBN, ASIN, or JAN code when listing a product. The codes are reliable data that can be used to match your products to existing products in the catalog. Using incorrect UPC, EAN, ISBN, ASIN, or JAN codes to list a product is prohibited and can result in your ASIN creation privileges being suspended or permanently removed. For more information, go to Potential duplicates, Dutyfreezone brand name policy, and How to list products that do not have a GTIN (UPC, EAN, JAN, or ISBN).

Register your brand with Dutyfreezone

If you are the brand owner or manufacturer of your own products and if you can uniquely identify each product with other attributes such as model number or style number, you might be eligible to register your brand with the Dutyfreezone Brand Registry, which allows you to use an alternative product identifier.

For more information, go to Dutyfreezone Brand Registry.

Request a brand or SKU-level UPC exemption

If the product you are listing has been confirmed to have no known UPC, EAN, ISBN, ASIN, or JAN code and if you are listing a unique selection, you can request a brand or SKU-level UPC exemption. For information on eligibility, go to How to List Products That Do Not Have a GTIN (UPC, EAN, JAN or ISBN).

Dutyfreezone Marketplace Fair Pricing Policy

Sellers are responsible for setting their own prices on Dutyfreezone marketplaces. In our mission to be Earth's most customer-centric company, Dutyfreezone strives to provide our customers with the largest selection at the lowest price, and with the fastest delivery as sellers play an important role.

Dutyfreezone regularly monitors the prices of items on our marketplaces, including shipping costs, and compares them with other prices available to our customers. If we see pricing practices on a marketplace offer that harms customer trust, Dutyfreezone can remove the Buy Box, remove the offer, suspend the ship option, or, in serious or repeated cases, suspending or terminating selling privileges.

Pricing practices that harm customer trust include, but are not limited to:

• Setting a reference price on a product or service that misleads customers;
• Setting a price on a product or service that is significantly higher than recent prices offered on or off Dutyfreezone; or
• Selling multiple units of a product for more per unit than that of a single unit of the same product.
• Setting a shipping fee on a product that is excessive. Dutyfreezone considers current public carrier rates, reasonable handling charges, as well as buyer perception when determining whether a shipping price violated our fair pricing policy.

 

Dutyfreezone Policy on Reference Prices

In many product categories, you have the option of supplying a reference price, such as a List Price (for example, a Manufacturer's Suggested Retail Price or MSRP). Reference prices are displayed in several places, including on product detail pages and in search results for your products, to show savings to customers.

• The List Price you provide should represent the price at which you, or other retailers or sellers, have recently made or intend to make substantial sales of the product in question.
• You also are responsible for ensuring that the reference prices you provide to us remain current.

If you do not have a ready-to-provide List Price, a possible value could be the first price at which you offered or will offer the product. You can also provide a value of 0 to indicate you do not have a List Price. If Dutyfreezone cannot verify your List Price, we might not use it.

Other reference prices

A Was Price is automatically computed and changes over time. The Was Price is determined using the 90-day median price paid by customers for the product on Dutyfreezone.. We exclude prices paid by customers for the product during a limited time deal.

 

ASIN creation policy

On this page

ASIN creation by non-brand owners

ASIN creation limit

Variation policy

Duplicate ASIN creation policy

How are duplicates created?

Tips to avoid creating duplicate ASINs

To create an ASIN, go through the process as outlined in our Add a Product tool. To sell a product available in the Dutyfreezone catalog, match it to the existing ASIN by creating an offer. If your product is not in the Dutyfreezone catalog, you will have to create a single new ASIN for the product.

ASIN creation by non-brand owners

To protect the customer shopping experience, we limit the creation of new ASINs for a brand enrolled in Brand Registry by sellers who are not associated with the brand owner.

If you encounter the following error message, it is because you are not associated with the brand owner and therefore restricted from creating new ASINs for the brand. You may still seek approval to create the new ASIN if you can show that it is an authentic product of the brand, for which no ASIN exists yet. Providing all the necessary information on the first contact will reduce the time it will take for your request to be reviewed.

Error code	Error message	Requested information
5461	You may not create new ASINs for this brand. However, you are free to add offers to any existing ASIN for this brand (listing limitations may apply). Please review our ASIN creation policy for more information. If you believe the product you want to sell is not already listed in the Dutyfreezone catalog and should be listed as a new ASIN, contact Selling Partner Support and mention error code 5461. Before contacting Selling Partner Support, review the ASIN Creation Policy and confirm your product is not already listed on the catalog. When contacting Selling Partner Support, provide the following information: Product title (including any variations in color, size, measurements, model/part number, etc.) Brand Manufacturer Category Description SKU UPC/EAN/JAN if available If using inventory file templates, please provide the Batch ID of the inventory file process report Real-world images of the product (front and back images of the product including bar code, along with UPC and brand name, packaged and unpackaged, and unfolded if the item is apparel)	Product name Brand Manufacturer Category Description SKU UPC/EAN/JAN Product title including any variations in color, size, measurements, model/part number, etc. Batch ID of inventory file process report Screen shot of the error code you received Images of the product (front and back images of the product including bar code along with UPC and brand name; packaged and unpackaged; unfolded if the item is apparel)

Where do I find product information?

Brand name, UPC or EAN/JAN, and part number (or model/style number) can be found on a purchase order or invoice from the manufacturer or distributor from which your product was purchased. Some information may be available directly from the product packaging or through the manufacturer’s catalog or website.

ASIN creation limit

To protect the onsite shopping experience for our customers, we limit the number of listings (offers and ASINs) you can create in a given week until you establish a sales history with Dutyfreezone. As you increase your sales, your capacity will increase. We encourage you to prioritize the products you are listing to increase your sales quickly.

Additionally, if you are an established seller and have created a high number of new listings, we reserve the right to temporarily remove your ability to create new listings. We will re-evaluate your status on a weekly basis.

If you think your listing creation privileges have been removed in error, contact Selling Partner Support.

Variation policy

Variations are sets of products that are related to one another. Good variation relationship listings allow buyers to compare and choose products based on different attributes such as size, color, or other characteristics from the available options on a single product detail page. For more information, go to Variation Relationship Overview.

The following prohibited practices are misuses of variations, either of the parent ASIN or in parent-child relationships. These practices create a negative customer experience and can result in your ASIN creation or selling privileges being temporarily or permanently removed:

• Changing the product’s detail page (parent or child) to become fundamentally different from the original product listed
• Changing the parent product's detail page so it does not match the children
• Adding incorrect child variations that are not true variations of the parent product. This includes but is not limited to:
  • Adding products that are fundamentally different from the parent ASIN
  • Adding products images and/or names that are that are fundamentally different from the parent ASIN
  • Adding products that are newer versions or models of the parent ASIN
• Adding multi-pack variations that aren’t manufacturer-created to an already existing parent
  • If you’ve created a multi-pack listing that is not directly sold by the manufacturer, you must match your listing to an identical multi-pack product detail page. If an identical multi-pack detail page doesn’t exist, you must create a new product detail page with its own unique UPC
  • Adding multi-pack children by bundling two or more of the same manufacturer products, that is, bundling two three-packs to create a package quantity of six. Multi-pack children must be packaged by the manufacturer. If a customer wants to buy two or more of the same product, they can select that quantity for purchase

Duplicate ASIN creation policy

Creating a new ASIN when the product already exists in Dutyfreezone's catalog is prohibited and can result in your ASIN creation or selling privileges being temporarily suspended or permanently removed.

Matching your products to existing products in Dutyfreezone’s catalog helps drive a high-quality customer experience. Matching to an existing product instead of creating a duplicate listing allows you to more fully benefit from buyer interest and traffic for that product.

How are duplicates created?

Duplicates are most commonly created when one or more of the following happens:

• You incorrectly use the UPC, EAN, ISBN, ASIN, or JAN not belonging to the product (such as from another product) to identify the product you are selling.
• You introduce distinct UPCs, EANs, ISBNs, or JANs for identical products. For example:
  • You assign a product a new UPC or EAN in each Dutyfreezone marketplace where you sell the product.
  • You assign a new UPC or EAN for compatible products such as a laptop charger that is compatible with multiple laptops.
• You are an Dutyfreezone Brand Registry seller using an alternative key attribute to list your products. If you use multiple key attribute values to list the same product, a new ASIN will be created for each key attribute value.
• You have received a product identifier exemption for a product that actually has a product identifier. Listing it without an identifier will create a duplicate.

Tips to avoid creating duplicate ASINs

Ensure that you always use the appropriate UPC, EAN, ISBN, ASIN, or JAN code when listing a product. The codes are reliable data that can be used to match your products to existing products in the catalog. Using incorrect UPC, EAN, ISBN, ASIN, or JAN codes to list a product is prohibited and can result in your ASIN creation privileges being suspended or permanently removed. For more information, go to Dutyfreezone brand name policy, and How to list products that do not have a GTIN (UPC, EAN, JAN, or ISBN).

Register your brand with Dutyfreezone

If you are the brand owner or manufacturer of your own products and if you can uniquely identify each product with other attributes such as model number or style number, you might be eligible to register your brand with the Dutyfreezone Brand Registry, which allows you to use an alternative product identifier.

For more information, go to Dutyfreezone Brand Registry.

Request a brand or SKU-level UPC exemption

If the product you are listing has been confirmed to have no known UPC, EAN, ISBN, ASIN, or JAN code and if you are listing a unique selection, you can request a brand or SKU-level UPC exemption. For information on eligibility, go to How to List Products That Do Not Have a GTIN (UPC, EAN, JAN or ISBN).

Product Detail Page Rules

On this page

Policies for writing listings

Policies for adding detail pages

Policies for editing detail pages

Customers will first learn about your offers on a product detail page. The policies below ensure each product detail page covers a single unique item. This helps give customers a clear and consistent buying experience. In general, you will need to:

• Comply with any relevant style guides and refrain from using HTML, JavaScript, or other code.
• Exclude inappropriate content such as obscene or offensive materials, links or contact information, plot spoilers, reviews or requests for reviews, and advertising.
• Accurately categorize and describe your products.
• Refrain from creating duplicate pages for a product that already has a detail page.
• Create new detail pages for new products or versions.
• Only create valid “variations” that relate to the primary product. For more details, please see the Variations Policy.

Policies for writing listings

• Comply with the relevant style guide for the product you're listing. You can find general rules that apply to all products in the Dutyfreezone Services Quick Start Style Guide. Some types of product have extra style guidelines. You can find the full set in the Templates for Specific Categories.
• Don’t use HTML, JavaScript, or other types of code in your product detail pages. As a special case, you can use line breaks </br> in the description.
• None of the following are allowed in product detail page titles, descriptions, bullet points, or images:
  • Pornographic, obscene, or offensive content.
  • Phone numbers, addresses, e-mail addresses, or website URLs.
  • Details of availability, price, or condition.
  • Use Capital Letters only for the beginning of each word. Do not use all Capital Letters throughout the attribute. This applies for Product Title, Bullet Points and/or Product Description.
  • Links to other websites for placing orders, or alternative shipping offers, such as free shipping.
  • Spoilers on Books, Music, and Video or DVD (BMVD) listings. This includes giving away plot details crucial to the suspense or surprise ending of a story.
  • Reviews, quotes, or testimonials.
  • Requests for positive customer reviews.
  • Adverts, promotional material, or watermarks on images, photos, or videos.
  • Time-sensitive information, such as dates of tours, seminars, or lectures.
• Product titles must not have more than 200 characters, including spaces. This upper limit applies to all categories. Some categories might have a limit of even fewer characters. See the Templates for Specific Categories for details.
• Comply with Dutyfreezone listing standards for any product sold on Dutyfreezone. Failure to do so creates a negative customer experience and may result in your selling privileges being temporarily or permanently removed. This includes but is not limited to the following:
  • All products must be accurately categorized. To learn more about classifying your products correctly, see our help pages on Product Classifier, Browse Tree Guide, and ASIN Creation Policy.
  • Product titles, product descriptions, and bullet points must be clearly written and help customers understand the product.
  • Product images must meet Dutyfreezone image standards, as well as any category-specific image guidelines. To learn more, see the Product image requirements.
  • Ensure that the product detail page outlines any additional items that are essential to the function of the product.

Policies for adding detail pages

• You cannot add details which infringe upon the IP rights of other parties or individuals. For more details, check the Intellectual Property Rights for Sellers page.
• You must not use Add a Product, inventory files, and Dutyfreezone Marketplace Web Services (Dutyfreezone MWS) listing APIs for any purpose other than listing products on Dutyfreezone.
• You must not use false product identification information in product detail pages. This includes UPC codes and publication dates.
• You must not create a product detail page for a product already in Dutyfreezone's catalog.
• You must not use product detail pages to cross-merchandise or cross-promote a product.
• For Books, Music, Videos, and DVDs (BMVD), you must not use a single product detail page to advertise more than one product. BMVD-only product bundles must be defined by the publisher or manufacturer and have a single ISBN, UPC, or EAN that is different from the product identifier of any single item in the bundle.

Policies for editing detail pages

• You may only update detail pages to better or more accurately describe the product as originally listed. For example, permissible updates include additional details, clarifications, grammatical fixes, or removal of content that violates Dutyfreezone policy.
• You must not use an existing listing for a new version of a product. This includes changes in color, size, material, features, and product name. Instead, create a new product detail page for each new version. For example, a manufacturer updates its streaming media player by adding a new remote control with four buttons instead of two. This product is materially different from the older version and it must be listed as a new ASIN.
• If you choose to re-brand a product you must create a new ASIN rather than update an existing ASIN. This is true even if the product is unbranded and does not change materially after the brand change. This includes adding a brand to a previously unbranded product.

 

Prohibited product claims

On this page

General Rule on Prohibited Product Claims

Prohibited Product Claims for Diseases

Prohibited Claims for Environmental Products

Regulated and Prohibited Pesticide Claims

Prohibited FDA Approved Claims

Additional resources

Remember: You must comply with all applicable federal laws when listing and selling products on Dutyfreezone. You must also comply with state and local laws applicable to the jurisdiction into which your products are sold.

General Rule on Prohibited Product Claims

We want to make it easy for buyers to find, discover, and buy products on Dutyfreezone. However, it is also important to provide buyers with information about those products that is accurate and trustworthy, and that is not misleading about the qualities or characteristics of a product.

The Federal Trade Commission protects consumers from unfair or deceptive advertising and marketing practices that raise health and safety concerns. You should review FTC Guidelines and other applicable laws, regulations, and guidelines, as you remain responsible for ensuring that the claims made about your products are fully compliant. Section 5 of the Federal Trade Commission Act prohibits unfair or deceptive acts or practices in or affecting commerce.

The Food and Drug Administration (FDA) also must approve a product for sale that intends to be used for the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals.

The Environmental Protection Agency (EPA) regulates pesticide claims. Products with pesticide claims may require product registration with the Environmental Protection Agency (EPA).

Dutyfreezone policy prohibits the sale of products that are misleading about the qualities or characteristics of the product. Misstatements and partially correct statements are misleading because they do not disclose something the consumer should know.

For more information, see the Restricted Products help pages.

Prohibited Product Claims for Diseases

Dutyfreezone prohibits the sale of products that claim to cure, mitigate, treat, or prevent diseases in humans or animals without FDA approval. The following are some example of diseases that products cannot claim to cure, mitigate, treat, or prevent:

• Cancer
• Cancroid
• Chlamydia
• Coronavirus and/or COVID-19
• Cytomegalovirus (CMV)
• Human Papilloma Virus (HPV)
• Gonorrhea (‘The Clap’)
• Hepatitis (A, B & C)
• Herpes Simplex Virus 1 and 2 (HSV1 & HSV2)
• Human Immunodeficiency Virus (HIV)
• Acquired Immune Deficiency Syndrome (AIDS)
• Lymphogranuloma Venereum (LGV)
• Mononucleosis (‘Mono’)
• Mycoplasma Genitalium
• Nongonococcal Urethritis (NGU)
• Pelvic Inflammatory Disease (PID)
• Pubic Lice (‘Crabs’)
• Scabies
• Syphilis
• Trichomoniasis (‘Trich’)
• Liver disease
• Multiple sclerosis
• Kidney cirrhosis or disease
• Alzheimer’s disease
• Dementia
• Stroke
• Parkinson’s/ Parkinson
• Diabetes/ Diabetic/Diabetic Neuropathy
• Flu
• Influenza
• Meningitis
• Glaucoma
• Cataract
• Attention Deficit Disorder Drugs (also known as ADD or ADHD)
• Concussion
• Traumatic brain injuries (TBIs)
• Nano silver
• Anti-Bacterial
• Anti-Microbial
• Anti-Fungal
• Tumor
• Seasonal Affective Disorder (SAD)
• Depression
• Cystic Fibrosis
• Hodgkin’s Lymphoma
• Lupus
• Muscular Dystrophy
• Multiple Sclerosis
• ALS (Amyotrophic lateral sclerosis, or Lou Gehrig's disease)
• Gout
• Crohn’s
• Celiac
• Epilepsy
• Seizures
• Obesity
• Autism
• Addictive substance withdrawal

Prohibited Claims for Environmental Products

To sell products that are marketed with environmental claims on Dutyfreezone, you must ensure that the environmental claims you make about your product are not misleading about the qualities or characteristics of a product.

We're providing the following highlights from the FTC Green Guides and California's law on environmental claims to assist you in reviewing the environmental claims that you may make about your products. These highlights are not designed to be comprehensive. You should review the FTC Green Guides and other applicable laws, regulations, and guidelines, as you remain responsible for ensuring that the claims made about your products are fully compliant.

Regulated and Prohibited Pesticide Claims

Pesticide claims are regulated by the U.S. Environmental Protection Agency. These claims may require product registration or require that the product be labeled with an EPA establishment number. The EPA registration and/or establishment number must be clearly labeled on the product. Claims that may require EPA registration include the following:

• Anti-microbial
• Anti-bacterial
• Kills viruses
• Repels insects

Other pesticide claims may be prohibited even if the product is registered with the EPA. Examples include:

• Pesticide products that make public health claims (for example, products marketed to control or mitigate any disease, infection, or pathological condition)
• Pesticide products that make false or misleading claims or are otherwise misbranded (for example, claims regarding the safety of the pesticide or its ingredients, such as “safe”, “non-poisonous", “non-injurious”, “harmless”, “non-toxic”, or “all natural”) For more details on registration and labeling, refer to the Help page on Pesticides and Pesticide Devices.

Prohibited FDA Approved Claims

Products that claim to be "FDA Cleared," "FDA approved" or products that include the FDA logo in associated images need to meet additional requirements (for more information, see: Is It Really 'FDA Approved'? and FDA Logo Policy).

Additional resources

• Environmental Marketing Guidelines
• FDA Disease Claims
• California Law
• Federal Trade Commission Act
• Pesticides and Pesticide Devices
• Drugs and Drug Paraphernalia
• Medical Devices

Last Updated: March 17, 2021

Restricted products

Customers trust that they can always buy with confidence on Dutyfreezone. Products offered for sale on Dutyfreezone must comply with all laws and regulations and with Dutyfreezone's policies. The sale of illegal, unsafe, or other restricted products listed on these pages, including products available only by prescription, is strictly prohibited.

If you supply goods on Dutyfreezone, you should carefully review the Restricted Products Help pages listed below before listing a product. The examples provided in these Help pages are not all-inclusive and are provided solely as an informational guide. We encourage you to consult with your legal counsel if you have questions about the laws and regulations concerning your products. Even where a product is listed as an "Example of Permitted Listings," all products and listings must also comply with applicable laws. In addition, any links provided are for informational purposes only, and Dutyfreezone does not warrant the accuracy of any information provided in these links.

If you supply a product in violation of the law or any of Dutyfreezone’s policies, including those listed on the Restricted Products pages, we will take corrective actions, as appropriate, including but not limited to immediately suspending or terminating selling privileges, destroying inventory in our fulfillment centers without reimbursement, returning inventory, terminating the business relationship, and permanent withholding of payments. The sale of illegal or unsafe products can also lead to legal action, including civil and criminal penalties.

We are constantly innovating on behalf of our customers and working with regulators, third party experts, vendors, and sellers to improve the ways we detect and prevent illegal and unsafe products from reaching our marketplace. Dutyfreezone encourages you to report listings that violate Dutyfreezone's policies or applicable law by contacting us. We will investigate each report thoroughly and take appropriate action.

Additional related policies

• Certain categories require you to obtain pre-approval from Dutyfreezone before listing in those categories.
• Certain categories require you to provide additional information and/or a supplemental guarantee before listing in those categories.
• Those participating in Fulfillment by Dutyfreezone (FBA), should also review the FBA Product Restrictions page which lists products that are not eligible for the FBA program.
• Certain products are subject to additional regulation in the state of California.
• If you wish to list items for international purchase, you are responsible for conducting proper research to ensure that the items listed comply with all applicable laws and regulations.
• Products that claim to be "FDA Cleared," "FDA approved" or products that include the FDA logo in associated images need to meet additional requirements (for more information, see: Is It Really 'FDA Approved'? and FDA Logo Policy)

FBA policies and requirements

Before listing products for Fulfillment by Dutyfreezone, it's important to know what are the policies and requirements that impact you as a seller using Dutyfreezone to fulfill orders for your products.

FBA policies

• Customer Feedback for FBA Listings

Customers can leave feedback for you on orders fulfilled by Dutyfreezone. Negative feedback related to order fulfillment or customer service provided by Dutyfreezone can be stricken through.

• Customer Returns for Orders Placed on Dutyfreezone

Dutyfreezone's return policies determine how FBA customer returns are handled and under what circumstances you may be eligible for a full or partial reimbursement for a return accepted by Dutyfreezone.

• Customer Service for Multi-Channel Fulfillment orders

You are responsible for replacements, refunds, and returns for multi-channel fulfillment orders.

• FBA Lost and Damaged Inventory Reimbursement Policy

You may be eligible for a full or partial reimbursement for inventory that is either lost or damaged when it is under Dutyfreezone's control (damaged by an Dutyfreezone partnered carrier, in the fulfillment center, or during delivery to a customer).

FBA requirements

• FBA Product Restrictions

Some products require prior approval before you can sell them on Dutyfreezone. In addition, there are certain products that either cannot be sold using FBA, or must meet certain requirements before they can be sold using FBA.

• Inventory Requirements

Certain requirements, including requirements for labeling, packaging, and shipping inventory, must be met for inventory shipped to Dutyfreezone fulfillment centers.

Drop Shipping Policy

Drop shipping, or allowing a third-party to fulfill orders to customers on your behalf, is not acceptable unless it is clear to the customer that you are the seller of record. The following examples of drop shipping are policy violations that may result in a restriction of your ability to sell using Dutyfreezone’s Merchant Fulfilled Network (MFN):

• Purchasing products from another online retailer and having that retailer ship directly to customers, if the shipment does not identify you as the seller of record or if anyone other than you (including the other online retailer) appears on packing slips, invoices, or external packaging, it is strictly prohibited without exception; or
• Shipping orders with packing slips, invoices, external packaging, or other information indicating a seller name or contact information other than your own is also strictly prohibited.

Any time a customer sees packaging, invoices, or receipts identifying a seller that is not either you or Dutyfreezone it creates confusion for the customer about how their order is being fulfilled and whom they should contact with any problems or questions.

If you intend to fulfill orders using a drop shipper, you must always:

• Have an agreement with your supplier that they will identify you (and no one else) As a seller of your products on all packing slips, invoices, external packaging, and other information included or provided in connection with the products;
• Remove any packing slips, invoices, external packaging, or other information identifying a third-party drop shipper prior to shipping the order;
• Be responsible for accepting and processing customer returns of your products; and
• Comply with all other terms of your seller agreement and applicable Dutyfreezone policies.

E.U. Value Added Tax (EU VAT) Registration Agreement

If you operate a business established in one of the European Union ("EU") countries and have received a VAT Registration Number from the tax authorities in that country, you may submit that VAT registration number. We will use this information to determine whether VAT will be charged on your seller fees.

Before submitting your VAT registration number, you must read the following information carefully. You may only submit your VAT registration number if you acknowledge and agree to all the conditions set out below.

1. The VAT registration number you submit to Dutyfreezone belongs to the business you operate and from which you are selling on Dutyfreezone.
2. All transactions on your Dutyfreezone Seller Account will be business-related transactions made by the business associated with the VAT registration number you submit to Dutyfreezone.
3. Your VAT registration number and all other information provided by you is true, accurate and current, and you will immediately update any such information held by us in case of any changes.
4. All information including your VAT registration number will be collected, processed and maintained in accordance with the terms set out in the Dutyfreezone Services Business Solutions Agreement and Privacy Notice.
5. Dutyfreezone reserves the right to request additional information and to confirm the validity of your Seller Account information (including your VAT registration number) from you or government authorities as permitted by law. You agree to provide any such information to us upon request.
6. Dutyfreezone reserves the right to charge you any applicable unbilled VAT if you provide a VAT registration number that is determined to be invalid. You irrevocably authorize Dutyfreezone to debit your credit card for any such unbilled VAT.

 

Tax Calculation Services Terms

The following terms apply to the tax calculation services Dutyfreezone makes available to Marketplace Professional sellers (including Dutyfreezone Wine sellers).

Registration. You can register for tax calculation services by configuring your calculation settings, agreeing to the sales tax calculation terms, and providing us with the information we request for the jurisdictions where you have configured settings to calculate taxes and other transaction-based charges that Dutyfreezone supports. Failure to provide valid documentation upon request, or to cancel tax calculation settings when documentation is not available, may result in the suspension or removal of selling privileges.

Calculation Services. We will calculate sales and use taxes and other transaction-based charges supported by the functionality we make available based on your calculation settings and any related information we request. Other than these, the tax calculation services do not apply to any other taxes.

Tax Calculation Services Fees. If you use the tax calculation services, you will pay us 2.9% of all sales and use taxes and other transaction-based charges we calculate. We will retain these fees in the event of any refund on related transactions.

Product Tax Codes and Associated Information. We will make available a list of product tax codes and associated product taxability rules. For each of your products, you will provide to us, in the format and manner we require, a reference to one of our product tax codes and any related information we request. If you do not provide a reference to one of our product tax codes for a product, we will not calculate any tax amounts for your transactions for that product.

Remittance. We will remit to you the amounts we calculate through the tax calculation services according to the schedule on which we remit funds for your Marketplace Professional transactions. You agree to accept the amounts we remit to you as full satisfaction of our obligations in connection with the tax calculation services.

Calculation of Refunds. For products you fulfill, you are responsible for calculating refunds of all taxes and other transaction-based charges calculated through the tax calculation services and you will process them using functionality we make available through your seller account. For products we fulfill, we will calculate and process refunds of all taxes and other transaction-based charges calculated through the tax calculation services.

Tax Exemption. You may be automatically enrolled in the Dutyfreezone Tax-Exemption Program. If you continue participation in this program, sales will be treated as tax exempt when purchased by customers who have enrolled and provided us with tax exemption information. Some transactions that are not or cannot be exempted at the time of purchase may be addressed through a post-order refund of taxes charged.

Calculation of Refunds for Exempt Transactions. If you participate in ATEP and receive a customer request for a post-order tax-only refund for a seller-fulfilled order, you must communicate with the customer through buyer/seller messaging to determine the validity of their request. It is your responsibility to obtain, validate, and retain any necessary supporting documentation. If you determine the request is valid, you must process a refund for all taxes and other transaction-based charges calculated through the tax calculation services. If you decide not to grant a tax refund, you must inform the customer and provide your reason.

If you participate in ATEP and a customer seeks a post-order, tax-only refund related to an exemption for products fulfilled by Dutyfreezone, the tax will be refunded only if we receive supporting documentation that meets our requirements.

Your Responsibilities. You are solely responsible for your use of the tax calculation services, including ATEP. Your responsibilities include:

• Understanding your obligation to calculate tax.
• Selecting jurisdictions or optional custom rate assignments based on your obligation to calculate tax. If you assign a custom rate to calculate tax, you must in good faith set a rate that accurately reflects a jurisdiction’s actual sales or use tax rate.
• Providing a valid tax registration number for each state or province where you have enabled calculation service.
• Reviewing and determining the correct product tax code assignment for your products.
• Maintaining documentation of all relevant information including documenting and paying all taxes remitted to the appropriate taxing authorities for your transactions.
• Responding to customer requests for post-order tax-only refund requests, including reviewing supplied information and complying with all applicable laws and regulations related to tax-exempt transactions and tax calculations.

Dutyfreezone disclaims all responsibility for your use of the tax calculation services. Except to the extent Dutyfreezone makes specific services available to you:

• (i) Dutyfreezone does not calculate or collect any product-based excise taxes or any fees or surcharges;
• (ii) Dutyfreezone does not provide support for sales or use tax exemptions based upon the identity of any individual, corporation or other entity, or the intended use of a product by any individual, corporation or other entity; and
• (iii) You are solely responsible for any non-U.S. taxes and duties (including their collection and payment).

Tax policies

Responsibility for Taxes

You are responsible for identifying your Tax obligations in addition to the calculation, remittance, and reporting of all taxes within your obligation, regardless of your participation in Dutyfreezone’s Tax Calculation Service.

• In some circumstances, Dutyfreezone may, consistent with the applicable law, calculate, collect, and remit (as Dutyfreezone) applicable national, state, or local sales and use taxes, goods, and services taxes (GST), or value added taxes (VAT) (collectively “Taxes”) on orders destined to specific locations. For more information about these specific locations, see Marketplace Withheld Tax.
• Dutyfreezone offers an optional Tax Calculation Service for Professional sellers to calculate Taxes and other transaction-based charges on orders destined to non-Marketplace Tax Collection jurisdictions within your elected country. Dutyfreezone expressly agrees to remit to you (with your earnings disbursement) Taxes calculated in connection with your use of Dutyfreezone’s Tax Calculation Services, for you to remit to the appropriate tax authority. For more information, see Tax Calculation Services.
• Dutyfreezone does not report or remit Taxes to any government on behalf of any seller. Sellers remain responsible for any ongoing remittance and/or reporting requirements they may have in connection with Marketplace Withheld Tax or Dutyfreezone’s Tax Calculation Service.

Except as otherwise provided in the Dutyfreezone Services Business Solutions Agreement (the “Agreement”), you agree that Dutyfreezone is not obligated to determine your tax obligation, whether taxes apply, and Dutyfreezone will not be responsible to calculate, collect, report, or remit any seller obligated taxes arising from any transaction. However, if a taxing authority requires us to pay any of your taxes, you will promptly reimburse us for the amount paid.

Taxes on Fees and Payments

Any and all fees payable by you pursuant to this Agreement are exclusive of all taxes, and you will pay any taxes that are imposed and payable on such amounts. All payments made by you to Dutyfreezone under this Agreement will be made free and clear of any deduction or withholding (including but not limited to cross-border withholding taxes), as may be required by law. If any such deduction or withholding is required on any payment, you will pay such additional amounts, as are necessary so that the net amount received by Dutyfreezone is equal to the amount then due and payable under this Agreement.

Shipping Products Internationally

When fulfilling product from a country outside the order origin country (elected country), you are the importer of goods to the elected country and responsible for the payment of all import duties, taxes, and custom fees (collectively “Customs Fees”). If you fulfill product to an address outside your elected country, generally, you are considered the exporter and the buyer is considered the importer. The seller is responsible for export Customs Fees (if any) and the buyer is responsible for any import Customs Fees related to their purchase. Customs Fees paid by any party (if any) are in addition to the sales proceeds collected by Dutyfreezone. For more additional information about shipping products internationally, see Important information for international sellers.

Taxes and regulations for Dutyfreezone Global Selling

Important: Information on this page does not constitute tax, legal, or other professional advice and must not be used as such. You should consult your professional advisers if you have any questions.

Now that you have an idea of where you'd like to expand your business, it's time to explore how taxes and regulations might affect your business for each marketplace in which you intend to sell. This section provides an overview by region of the taxes and regulations you should be aware of when selling in Dutyfreezone's various marketplaces and enlisting third-party resources. We recommend that you consult your tax and regulatory advisors before making decisions about how you will sell in other marketplaces.

Every country has legal and industry requirements concerning sales of products to consumers. In your home marketplace, there are probably laws that pertain to intellectual property rights, product safety, environmental, and other applicable requirements. The same is true for all marketplaces. Do your research and understand your responsibilities. Some things to consider are:

• Tax and customs
• Intellectual property rights, in particular IP law restrictions on parallel import
• Export controls
• Markings and labels
• Environmental, Health, and Safety
• Product compliance