eBay Marketing Program Terms
These Marketing Program Terms (the "Marketing Program Terms") describe the terms pursuant to which eBay offers you access to our marketing services, which help you promote your products on and off eBay, and all related services, applications and tools (collectively, the "Marketing Services"). These Marketing Program Terms are part of our User Agreement, and the applicable version pursuant to which you are using the Services is incorporated herein by reference. The Marketing Services are part of the "Services" as defined in the User Agreement. By registering for or using the Marketing Services, you (on behalf of yourself or the business you represent) agree to be bound by these Marketing Program Terms. In the event of conflict between the User Agreement and these Marketing Program Terms, these Marketing Program Terms will prevail.
The Marketing Services include self-service and fully managed marketing tools through which you can request to promote eBay listings or other content by agreeing to pay a fee to eBay, as described in these Marketing Program Terms and the Marketing Services.
When you use the Marketing Services, you authorise eBay (and its Partners, as applicable) to use automated tools to assemble and format advertisements ("Ads") based on the Content (defined below). We may limit the number of Ads you can create at a given time, and also may limit the availability of any or all of the Marketing Services (for example, to listings from certain categories or containing certain attributes) in our sole discretion. In certain cases, third parties (e.g. brands) may also participate in eBay advertising programs which promote the same eBay listing as your Ad, and you remain responsible for the Marketing Fees (defined below) you incur notwithstanding such promotion and understand that those third parties may receive advertising performance information related to their promotion of your listings. By using the Marketing Services, you authorise eBay to place your Ads in any size, placement or location on any content or property (each, a "Property") provided by eBay or a third party ("Partner").
We may make available certain features or services through which we may help you optimise your participation in the Marketing Services, for example, by creating or modifying campaigns, setting or modifying ad rates and/or budgets, and adding or removing keywords or other targeting parameters. If you elect to use those features or services (by informing us in writing or opting in via the Marketing Services), you agree that we may manage your campaigns and take such actions on your behalf without your prior consent, as may be further described by us in writing or in the Marketing Services.
You must ensure that your account credentials are kept secure at all times and not provide access to anyone not authorised by you to take action on your behalf. You are solely responsible for all activities associated with your Marketing Services account, including all changes made to your campaigns, regardless of whether such activities are authorised or undertaken by you, unless we determine in our sole discretion that certain activity on your account is the result of a security breach of our systems to which you have not contributed. It is your responsibility to monitor your account and to ensure that your campaigns are consistent with your business objectives.
You expressly agree that your listings will be promoted via Ads. Ads may include text, graphics, a listing title, a listing description or other features and functionality eBay may make available, associate with or incorporate into your listing. You will designate or provide eBay with text, logos, images, URLs and other content ("Content") for the Ads, which Content may be derived from listings on the applicable eBay property. You will ensure that the Content, the Ads, and any content or websites to which such Ads link will be complete, accurate and up-to-date, and will comply with the applicable eBay policies as published now or at any time in the future, including its trademark policies, prohibited and restricted items policies, editorial guidelines and creative specifications, as well as all applicable third-party rights, laws, rules and regulations. You agree that you are solely responsible for any Ad or Content that is provided to eBay by you or on your behalf.
When providing us with Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers including, without limitation, through eBay's affiliates, subsidiaries and Partners), transferable right and license to (A) use, reformat, reproduce and display your Ad and Content, including your logo, content, code and material provided by you or on your behalf on the Properties and (B) exercise any and all copyright, trademark, publicity and database rights in the Content, in connection with our provision, expansion and promotion of our Marketing Services, in any media now known or in the future.
eBay reserves the right to decline to publish, delay the publication of, or remove any Ad or Content, in its sole discretion, for any or no reason, and without any liability to you or any other person. You agree that this shall not relieve you of your responsibility to ensure compliance with all applicable laws, regulations and third-party rights. eBay reserves the right, in its sole discretion, to make edits to any Ad or Content. You acknowledge that your participation in the Marketing Services may impact the display, ranking and/or placement of your listings, and that Ads may appear in lieu of your listings (and vice versa).
eBay may, in its sole discretion, label any Ad as "promoted," "sponsored," "ad" or similar designation. You may not use the eBay name or logo in your Content or Ad without the prior written approval of eBay.
You agree to pay the applicable fees for your participation in the Marketing Services based on your account settings, as described herein and via the Marketing Services (the "Marketing Fees"). We may charge for any feature or tool of the Marketing Services at any time upon notice to you (e.g. via the user interface of the Marketing Services). The measurements and standard methodologies used by eBay (including those of its Partners) are definitive and will be used to calculate your Marketing Fees according to the pricing method established in your account and as may be further set forth in the Marketing Services. Marketing Fees are subject to our then-current minimum and/or maximum rates. We reserve the right to modify the Marketing Fees (including the methodologies we use to calculate the Marketing Fees) from time to time in our discretion. Any disputes about Marketing Fees must be submitted to us in writing within sixty days of the date you incurred such charge, otherwise you waive such dispute and such charge will be final and not subject to challenge. Marketing Fees are exclusive of applicable taxes for use of the Marketing Services. Sellers are responsible for paying taxes associated with using the Marketing Services, in accordance with applicable laws and as further described in the User Agreement. Collection of Marketing Fees and applicable taxes may be carried out via the means specified in the User Agreement, or as otherwise set forth in your applicable payment agreement with us. You will reimburse us for all reasonable expenses and attorneys' fees incurred in connection with our collection of amounts payable and past due. eBay reserves the right to offer credits and/or discounts in its sole discretion. You understand third parties may generate impressions or clicks on your Ads for improper purposes and you accept this risk.
Cost per Click Pricing.
If you participate in the Marketing Services on a cost-per-click basis, you agree to pay an amount up to and including the ad rate reflected in your account settings for each click on your Ad.
Cost per Sale Pricing.
If you participate in the Marketing Services on a cost-per-sale basis, you agree to pay an ad rate based on the total amount of the sale for each Attributed Sale (as defined below). The total amount of the sale is the same value we use to calculate final value fees (described in the applicable eBay policies), and includes the item price, any handling charges, postage costs, taxes (including, without limitation, sales tax, value added tax, and goods and services tax), and any other applicable fees. An "Attributed Sale" means an end user or device associated with an end user (an "End User") has (A) clicked on your Ad and (B) purchased an item featured in that listing within thirty calendar days of that click (the "Attribution Window"). In the case of multi-quantity listings, if multiple items are purchased from the same listing within the Attribution Window, each item purchased will count as a separate Attributed Sale and incur its own fee. eBay will be the final arbiter as to whether or not a sale of an item featured in a listing constitutes an Attributed Sale. You may end a campaign at any time, but you will still be responsible for Marketing Fees for Attributed Sales if the End User clicks on your Ad prior to you ending your campaign, even if the purchase occurs after the campaign ends.
With respect to Cost per Click Pricing and Cost per Sale Pricing, we charge Marketing Fees at the rate in effect for a particular Ad at the time that Ad was clicked. Accordingly, in the event that you revise your campaign, if your Ad is clicked prior to the effective time of your revisions, then the Marketing Fee attributed to that click will be calculated based on the rate in effect prior to your revisions. If your Ad is clicked after the effective time of your revisions, then the Marketing Fee attributed to that click will be calculated based on the revised rate.
Certain of the Marketing Services may be offered on a subscription basis with auto-renewing payments ("Subscription Services"). The billing period and pricing for each type of Subscription Service will be as specified via the Marketing Services at the time of registration. You expressly acknowledge and agree that (1) we are authorised to charge you on a recurring basis for the Subscription Services (in addition to any applicable taxes and other charges) at the then-current rates as long as the Subscription Services continue, and (2) the Subscription Services will continue until you cancel (as specified in the Marketing Services) or we suspend or stop providing access in accordance with these Marketing Program Terms. There are no refunds or credits for partially used Subscription Services periods.
Other Pricing Features.
Marketing Fees applicable to additional Marketing Services (e.g. time-based fixed price, cost-per-impression, etc.) will be specified via the Marketing Services. If you participate in multiple Marketing Services at the same time (e.g. Cost per Click Pricing and Cost per Sale Pricing), Marketing Fees will apply to your participation in each such Marketing Service, as may be further described in the Marketing Services.
If you believe that any content in which you claim copyright has been infringed by anyone using the Marketing Services, please notify us through our Verified Rights Owner (VeRO) Program and we will investigate your notice.
You will protect and keep confidential information obtained from us in connection with the Marketing Services that is identified as confidential or that, given the nature of such information or the manner of its disclosure, reasonably should be considered confidential (including non-public information about our technology, marketplace, inventory availability, targeting and pricing data) ("Confidential Information"). You will use Confidential Information only in connection with your participation in the Marketing Services.
Representations and Warranties.
You represent and warrant to eBay that any Ad or Content, any material linked to or from your Ad or Content, and any goods and services you supply: (i) complies with all applicable laws, rules and regulations; (ii) does not and will not infringe the rights of any third party, including, but not limited to, any intellectual property rights, publicity rights or rights of privacy; (iii) is truthful, up-to-date and accurate; (iv) will not be misleading, deceptive, involve any misrepresentation, or imply or represent that any party has approval or sponsorship of another party that it does not have; and (v) will not contain any information or content that is illegal, contrary to any industry code, indecent, obscene, threatening, harassing, discriminatory, defamatory or in breach of confidentiality.
You further represent and warrant to eBay that: (A) you are fully authorised to publish your Ad and Content; (B) any offer promoted in your Ad and Content is valid and redeemable; (C) you have adequate inventory to support any offer promoted in your Ad and Content; (D) you have obtained all necessary rights, consents, licenses or clearances in relation to the publication of your Ad and Content and have complied with all guidance of relevant regulatory bodies; (E) you have all required rights and licenses to grant us the license rights you are granting us under these Marketing Program Terms; (F) you will not, nor will you permit or encourage any third party, to use any means to generate fraudulent or invalid clicks, impressions, queries or other interactions; (G) you will not deliver malware to the Marketing Services or to End Users or devices through the Marketing Services; and (H) you will not copy, modify, damage, reverse engineer, decompile, disassemble, reconstruct, create derivative works of, or interfere with the proper working of the Marketing Services.
Disclaimer of Warranties.
To the fullest extent permitted by law, eBay disclaims all guarantees regarding positioning, levels, quality or timing of: (A) sales or Attributed Sales; (B) click-through rates; (C) availability, quantity or delivery of Ad impressions; (D) any user actions related to your Ads or listings; (E) conversion rates; (F) accuracy or availability of data related to the Marketing Services; (G) the targeting, reporting, adjacency, ranking or placement of Ads; (H) the duration of your campaigns or display of Ads; (I) relevancy of search keywords or other content on the Properties; and (J) any recommendations or guidance we may make available in connection with the Marketing Services. Furthermore, eBay makes no representations regarding revenue; the performance of your campaigns; any anticipated benefits related to your use of the Marketing Services; that the Marketing Services are suitable for your intended purposes; or that all features or functionality will be available to all users of the Marketing Services at the same time.
In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold eBay responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect or consequential damages) resulting directly or indirectly from your participation in the Marketing Services, including but not limited to: (i) the deletion or modification of your Ads or Content, (ii) the duration or manner in which your Ads appear on the Properties, or (iii) eBay's decision to end or remove your Ads.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of: (a) the amount of Marketing Fees in dispute, not to exceed the total Marketing Fees which you paid to us in the 12 months prior to the action giving rise to the liability, or (b) USD $100.
You will indemnify and hold us (and our affiliates, subsidiaries and Partners, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party arising out of or related to your Content, Ads, your breach of these Marketing Program Terms, your participation in and/or improper use of the Marketing Services or your breach of any law or the rights of a third party. Partners are intended third party beneficiaries of this section to the extent permitted under applicable law.
You are solely responsible for the activities of any contractor, representative, or any of your agents or other persons acting on your behalf (e.g. third-party campaign management services) in connection with these Marketing Program Terms (collectively, "Contractors"), and you understand that Contractors may receive advertising performance information related to such activities. You will ensure that your Contractors comply with all restrictions applicable to you under these Marketing Program Terms and all applicable third-party rights, laws, rules and regulations.
eBay reserves the right in its sole discretion to suspend, terminate, restrict or reactivate your use of the Marketing Services (in whole or in part), without notice, for any or no reason, and without liability to you or any third party. In all cases, the running or reactivation of any campaigns after suspension or termination is in eBay's sole discretion. eBay also reserves the right to modify, suspend or discontinue parts of the Marketing Services or the Marketing Services in whole or in part.
If any provision of these Marketing Program Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
We may amend these Marketing Program Terms by posting the amended terms on https://pages.ebay.com.au/sell/pl/termsofservice.html (or successor website). In the event that we make material amendments, we will provide you with thirty days advance notice by posting the updated version on the applicable site and/or notifying you via the Services or via email. No such advance notice will be required for non-material (e.g. functional) changes, which will take effect upon posting, unless the amended terms set forth another effective date. Your continued access or use of the Marketing Services constitutes your acceptance of the amended terms.
These Marketing Program Terms were published on 29 April 2022 and will take effect on 1 June 2022.