Notification of Adverse Use
You must promptly notify eBay in writing of any adverse use by a third party of any eBay API Mark or name confusingly similar to any eBay API Mark and will to take no action of any kind with respect thereto except with the prior written authorization of eBay. You will provide full cooperation with any legal or equitable action by eBay to protect its right, title and interest in and of the eBay API Marks.
In the event of infringement of any eBay API Mark by a third party, eBay shall have the sole right in its discretion to initiate and conduct proceedings (including notifications to customs or other government officials objecting to the importation of infringing goods) against the infringing party, to initiate and conduct negotiations with respect thereto, including, but not limited to settlement discussions and to retain any damages recovered in such proceedings.
Quality Control & Review Process
- Product and Services Quality. You may use and apply any eBay API Mark only to the products and other materials permitted by your agreement only so long as the quality of those products and other materials meet eBay's high standard of quality consistent with the level of quality reflected in eBay's own services and products. Without limiting the foregoing and by way of example only:
- No eBay API Mark may be used on or in connection with any material that is pornographic, associated with the sale of cigarettes, firearms or alcohol, or is morally offensive or otherwise objectionable in light of eBay's reputation for providing a safe online environment for trading;
- No eBay API Mark may be used on or in connection with any material that libels or defames eBay or any of its vendors or customers;
- No eBay API Mark may be used on or in connection with any material that violates any state, federal or foreign law or regulation.
- Prior Submission of Samples. eBay reserves the right to require you to submit samples of any and all materials bearing the eBay API Mark to eBay for review and approval prior to the distribution of such materials. Unless otherwise provided for in your written agreement with eBay, eBay shall have the right to make reasonable objections to any such sample within fifteen (15) days of its receipt thereof on the grounds that eBay believes in good faith that the use and/or distribution of such materials by you will be damaging to the recognition value or reputation for quality associated with the eBay Logo, or the materials do not meet the requirements of this Policy or your written agreement with eBay. In the event of such an objection, you shall modify the materials in accordance with the objection of eBay prior to the distribution of the materials.
Unless otherwise provided for in your written agreement with eBay, should eBay notify you that any of your uses of any eBay API Mark do not meet the requirements set forth in this Policy or your written agreement with eBay, you must correct all misuses of such eBay API Mark immediately. If the misuse of the eBay API Mark is not corrected immediately, your license to use the eBay API Mark shall terminate. In the event of termination of this Agreement for any reason, you agree to discontinue immediately all use of any eBay API Mark and to promptly destroy or return to the place designated by eBay all materials that bear the eBay API Mark.
Other Terms and Conditions
In the event of any breach of the terms and conditions set forth in this Policy or your written agreement with eBay, you agree that eBay shall be entitled to seek injunctive relief in addition to other available remedies.
The eBay Site is a "person to person trading site" or an "online trading site." The eBay Site should never be referred to as an "auction site." Additionally, because your listings on the eBay Site are not "auctions" as that term is commonly understood, do not refer to your listings as "auctions". Suitable alternatives include: "items", "listings" and auction-style listings." Please do not refer to eBay as a "partner." Your relationship with eBay may be characterized as an "agreement."