These Marketing Terms of Service (the "Terms of Service") describe the terms pursuant to which eBay offers you access to our marketing services, which help you promote your products on eBay, and all related services, applications and tools (collectively, the "Marketing Services"). By registering for or using the Marketing Services, you (on behalf of yourself or the business you represent) agree to be bound by these Terms of Service. You are contracting with an eBay company (individually and collectively referred to as "eBay", "we", or "us") determined by your country of residence. For example and as listed in the chart of eBay companies linked above, if you reside in the United States, you are contracting with eBay Inc. By using the Marketing Services, you agree to these Terms of Service, in addition to eBay's User Privacy Notice and User Agreement, incorporated herein by reference. The Marketing Services are part of the "Services" as defined in the eBay User Agreement.
The Marketing Services include self-service and fully managed marketing tools through which you can request to promote an eBay listing or eBay listings by agreeing to pay a fee to eBay, as described in these Terms of Service and the Marketing Services.
When you use the Marketing Services, you authorise eBay 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) notwithstanding such promotion. 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, as applicable, a third party ("Partner").
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. 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. 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 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 policies and requirements for eBay 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.
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 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, rules and regulations. 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). eBay's measurements and standard methodologies are definitive and will be used to calculate your Marketing Fees according to the pricing method established in your account. Any disputes about Marketing Fees must be submitted to us in writing within 60 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 included on your monthly invoice, payable on the same terms. You will reimburse us for all 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.
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.
Cost per Click Pricing
If you participate in the Marketing Services on a cost-per-click basis, you agree to pay an 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 final price of an item (excluding postage and GST) for each Sale (as defined below). This Marketing Fee is subject to our then-current minimum and/or maximum rate and other requirements.
A "Sale" means an end user or device associated with an end user (an "End User") has (A) clicked on your Ad, which will redirect to the applicable listing, 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 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 a Sale. You may end a campaign at any time, but you will still be responsible for Marketing Fees for Sales if the End User clicks on your Ad prior to you ending your campaign, even if the purchase occurs after the campaign ends.
If you believe that any content in which you claim copyright has been infringed by anyone using the Marketing Services, please notify our VeRO team through the 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: (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 have published any Ad or Content; (B) any offer promoted in an Ad or Content is valid and redeemable; (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 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 Terms of Service; (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; (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; and (I) relevancy of search keywords or other content on the Properties. 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 and subsidiaries, and our and their respective officers, directors, employees and 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 Terms of Service, 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.
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 Terms of Service (collectively, “Contractors”). You will ensure that your Contractors comply with all restrictions applicable to you under these Terms of Service and all applicable third-party rights, laws, rules and regulations.
eBay reserves the right in its sole discretion to suspend, terminate or restrict 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 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 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 does not waive our right to act with respect to subsequent or similar breaches.
We may amend these Terms of Service at any time by posting the amended terms on www.ebay.com.au. Except as stated otherwise in our User Agreement or elsewhere, all amended terms shall automatically be effective immediately after they are posted. Your continued access or use of the Marketing Services constitutes your acceptance of the amended terms.
Last updated: 23 October 2019