Amazon Seller Participation Agreement
“Sales Agreement” means the Amazon Service Terms of Sale, the Merchants@ Program Agreement, the Marketplace Participation Agreement, any successor to any of these agreements, or any other similar agreement (as defined by Amazon) between you and us, which will allow you to offer products and services through a particular Amazon website. The way this comes into play and its impact on sellers is no longer to blame, perhaps to entrust the responsibility to an employer or someone else. The company is bound by the standard that the information it represents is true. I think this places an obligation on the president or CEO of a company to make sure they know they are informing their employees of who is specifically empowered to act on behalf of the company when they do business with Amazon. These were big problems for the action plans if we win a call. Sometimes we have to go climbing, but we win these things. I think what sellers need to know is that the new BSA makes the door even more open for Amazon to stumble upon you just because you`re successful. Their use of advertising services (as defined in the Amazon Advertising Agreement) is governed by Amazon`s Advertising Agreement. They agree to Amazon`s advertising agreement, which may be updated from time to time by Amazon in accordance with its terms. Amazon`s advertising agreement is available under advertising.amazon.com/terms. In the event of a conflict between the terms and conditions of sale or program policies and Amazon`s advertising agreement regarding advertising services, Amazon`s advertising agreement is a priority in the scope of the conflict. If Amazon`s advertising agreement is deemed illegal, invalid, or for any reason unenforceable, the Terms of Sale govern your access to and use of the advertising services.
Interestingly, Amazon contains the arbitration clause in both the Business Solutions Agreement and the participation agreement. Amazon clearly doesn`t want to be sued by its sellers in traditional courts. Finally, it is said that it is not exclusive. The relationship you have with Amazon is therefore an independent contractor, and this is the purpose of clarifying Section 13 of the BSA agreement. Their use of the Services has caused damage or our controls have found that it could harm other sellers, customers, or Amazon`s legitimate interests. I don`t see where it says what transactional information means. To me, it can mean just about anything from a sale to confidential information. So it`s a wide range of what that might mean.
We`ve seen this problem arise in arbitration proceedings where you have a seller that Amazon hasn`t paid or who has suspended, they`ve disclosed that information to someone else like an employee, employee, or advisor who doesn`t have confidentiality between the lawyer and the customer. Then Amazon later uses it to justify its behavior that says, “Hey, you shouldn`t reveal how we do business, and you did. You gave it to an advisor. The agreement says you can`t do that. You will look for correspondence because paragraph 14 below talks about derogatory communications. So these are some of the ways Amazon often fishes for reasons for hanging you or keeping your money.