These terms of service (the "Terms of Service") describe the terms pursuant to which eBay Marketplaces GmbH and its subsidiaries and affiliates (together "eBay", "we" and "our") offers you access to our Promoted Listings service, and all related services, applications and tools (together, the "Services").
Promoted Listings Service
You can request to promote an eBay listing by agreeing to pay a fee to eBay, as described below, in the event that (i) your listing is promoted through the Services, which eBay may decide in its sole discretion, and (ii) a qualifying sale of an item featured in the listing occurs (each, a "Sale").
When you use the Services, you authorise eBay to use automated tools to format display or product listing advertisements ("Ads"). We may limit the number of Ads you can create at a given time, and also may limit the availability of the Services (for example, to listings from certain categories or containing certain attributes, such as multi-quantity) in our sole discretion. By using the Services, you authorise eBay to place your Ads on any content or property (each, a "Property") provided by eBay or, as applicable, a third party ("Partner"). On the date that your Ad program is scheduled to begin, it may take several hours before your Ads are displayed. As such, eBay does not guarantee exact Ad durations.
To qualify as a Sale, an end user or device associated with an end user must, within the Attribution Window: (A) click on your Ad, which will redirect to your listing, and (B) purchase an item featured in that listing. "Attribution Window" means the period of time ending when a qualifying purchase occurs and beginning at midnight MST thirty (30) days prior. 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 Sale and incur its own fee.
You are responsible for all changes made to your advertising programs. It is your responsibility to monitor your programs and to ensure that your program is consistent with your business objectives.
You expressly agree that we may create Ads on your behalf. Ads may include, in eBay’s sole discretion, text, graphics, a listing title, a listing description or other features. You will provide eBay with text, logos, images, URLs and other content ("Content") for the Ads, which Content may be derived from your listings on www.ebay.com.au. The Content, the Ads, and any content or websites to which such Ads link will comply with the published requirements for eBay, including its trademark policies, prohibited and restricted items policies, editorial guidelines and creative specifications, as well as all applicable laws, rules, regulations and guidelines. You agree that solely you are responsible for any Ad or Content that is provided to eBay.
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 and subsidiaries), transferable right and license to (A) use, reproduce and display your Ad, 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 any media known now or in the future.
All Ads and Content are subject to review by eBay, and eBay reserves the right to decline to publish, delay the publication of, or remove any Ad or Content, in its discretion and without liability to you or any other person. You agree that eBay’s review of any Ad or Content shall not relieve you of your responsibility to ensure compliance with all applicable laws, rules and regulations. eBay reserves the right, in its discretion, to edit any Ad.
eBay may, in its sole discretion, label any Ad as "promoted", promoted by eBay Stores", "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.
By using the Services, you are purchasing advertising on a cost-per-sale basis, meaning that you will select a percentage of the final price of an item (excluding postage and GST) that you will pay for each Sale. This fee is subject to our then-current minimum and/or maximum percentage and other requirements. Fees for use of the Services are stated on our fees page. Fees are in addition to any other eBay fees payable by you as specified on www.ebay.com.au, such as listing and selling fees.
eBay will compute the fees due for your use of the Services according to our standard methodology then in effect and accordingly will be the final arbiter as to whether or not a sale of an item featured in a listing constitutes a Sale. All fees for the Services are included on your monthly invoice, payable on the same terms as your usual monthly invoice.
You may pause or end an advertising campaign at any time, but you will still be responsible for fees for Sales if the Attribution Window began prior to you pausing or ending, as applicable, your campaign. In the event that you revise your program, we will charge fees for Sales at the percentage in effect for a particular Ad at the time we serve that Ad. Accordingly, Ad impressions served prior to the effective time of your revisions will be subject to the then-current percentage and those served after will be charged the revised percentage.
If you believe that any content in which you claim copyright has been infringed by anyone using the Services, please notify our VeRO team through our Verified Rights Owner (VeRO) Program and eBay will investigate your notice.
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 (A) complies with all applicable laws, rules and regulations; (B) does not and will not infringe the rights of any third party, including but not limited to any intellectual property rights or rights of privacy, including when used by us as contemplated in these Terms of Service; (C) will not link to products or services that infringe the rights of any third party (including but not limited to unlawful and counterfeit items); (D) is truthful, up to date and accurate; (E) will not be misleading, deceptive, involve any misrepresentation or false representation, or imply or represent that any party has approval or sponsorship of, or association with, another party that it does not have; (F) will not be defamatory; (G) will not contain any information or content that is illegal, contrary to any industry code, indecent, obscene, threatening, harassing, discriminatory or in breach of confidentiality; and (H) will not breach any applicable laws (including, but not limited to, laws relating to gambling, financial services, data protection and advertising), including those laws of the countries of eBay’s websites.
You further represent and warrant to eBay that: (A) you are fully authorised to have published any Ad or Content; (B) any offer promoted in an Ad or Content is valid and redeemable on the site(s) for which it is submitted, as well as through any eBay property (including, in all cases, www.ebay.com.au); (C) you have adequate inventory to support any offer promoted in an Ad or Content; (D) you have obtained all necessary rights, consents, licenses or clearances in relation to the publication of the Content and have complied with all guidance of relevant regulatory bodies; and (E) you have all required rights and licenses to grant us the license rights you are granting us under these Terms of Service.
Disclaimer of Warranties
eBay does not guarantee positioning, levels, quality or timing of: (A) Sales; (B) click-through rates; (C) availability, quantity or delivery of Ad impressions; (D) any user actions related to your Ads; (E) conversion rates; (F) accuracy of data; and (G) the adjacency or placement of Ads. Furthermore, eBay makes no representations regarding revenue, the performance of your advertising programs, or any other anticipated benefits related to your use of the Services, or that the Services are suitable for your intended purposes.
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: (A) the deletion of or damage to your Ads, (B) the duration or manner in which your Ads appear on the Properties, or (C) eBay’s decision to end or remove your Ads.
To the extent that eBay is able to limit the remedies available under these Terms of Service, eBay expressly limits its liability for breach of a non-excludable statutory guarantee to the following remedies: (A) the supply of the services again; or (B) the payment of the cost of having the services supplied again.
You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of or related to your Content, Ads, your breach of these Terms of Service, your improper use of the Services or your breach of any law or the rights of a third party.
eBay reserves the right in its sole discretion to suspend, terminate or restrict your use of the Services, without notice, for any or no reason, and without liability to you or any third party. In all cases, the running of any Ad programs after suspension or termination is in eBay’s sole discretion. eBay also reserves the right to modify, suspend or discontinue parts of the Services or the Services as a whole.
If any provision of these Terms of Service 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 doesn’t waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of these Terms of Service.
These Terms of Service are effective immediately for new users. We may amend these Terms of Service at any time by posting the amended terms on www.ebay.com.au. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted for current users. The following paragraphs survive any termination of these Terms of Service: Content, Fees (with respect to fees owed for our services), Disclaimer of Warranties and Indemnity.
Revision Date: 01 June 2018