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Restricted Listings PolicyUpdated 4 days ago

Listings offered on Amplife® must comply with all international, federal, state, and local laws and regulations and with our Program Policies. The sale or advertisement of illegal or unsafe listings is prohibited, and can also lead to legal action, including civil and criminal penalties.

This Restricted Listings Policy is a Program Policy under the Amplife® Vendor Participation Agreement ("Agreement") and the Sell with Amplife® Service Terms ("Service Terms"). If this policy conflicts with the Agreement or the Service Terms, the conflict is resolved by giving precedence first to the Agreement, then the Service Terms, then this policy.

Creating a listing in violation of the law or any of the Program Policies, including this Restricted Listings Policy, may result in actions against your account, such as cancellation of listings, withholding of payments, and suspension and/or termination of your Amplife® account. We encourage you to consult with your legal advisors if you have questions about the laws and regulations concerning your listings.

Amplife® encourages you to report listings that violate Program Policies or applicable laws by contacting us at [email protected]. We may investigate reports and take appropriate action.

Prohibited Listings and Restricted Listings

The Service Terms distinguish between two kinds of listings covered by this policy:

  • A Prohibited Listing is a listing that is prohibited by law or designated as prohibited in the Program Policies. Prohibited Listings are not allowed on any Amplife® Site, and you may not provide information for, or otherwise seek to offer, a Prohibited Listing. Counterfeit listings are Prohibited Listings; for more information, check out the Anti-Counterfeiting Policy.

  • A Restricted Listing is a listing described in this Restricted Listings Policy, any other applicable Program Policies, or any other information made available to you by Amplife®. You may offer Restricted Listings only in compliance with this policy and the Program Policies.

Because Amplife® is a curated disabled-only marketplace, we inherently restrict all listings until we determine that they meet our criteria of serving the disabled community.

All listings must serve the disabled community:

Disabled-Owned

Founded by people with disabilities (at least half of the founders), or at least 51% owned, operated, or controlled by people with disabilities.

  • Founded means at least half of the founding team were people with disabilities: they came up with the business idea and acted on it. Founding is historical: a business founded by people with disabilities keeps satisfying this prong even after ownership changes.
  • Owned means people with disabilities currently hold at least 51% of the ownership of the business and bear its financial risk.
  • Operated means people with disabilities currently run the day-to-day operations of the business and hold a stake in it.
  • Controlled means people with disabilities currently hold the power to direct the management, policies, and financial decisions of the business.
  • Satisfying any one of these prongs qualifies the business as Disabled-Owned. Owned, operated, and controlled describe the business as it is today; founded describes its origin and does not expire. A designation that stops being accurate must be promptly updated.

Disabled-Designed

Created, developed or produced by people with disabilities.

Disabled-Solution

Solves a problem for people with disabilities.

Additional Restrictions

Restricted Listing Categories

To list in these categories and certain listings, we require you to provide additional information for approval:

Baby & Kids

  • Clothing with drawstrings at the hood and neck area of children’s upper outerwear in sizes 2T to 12 (or the equivalent) is prohibited, and clothing with drawstrings at the waist and bottom of children's upper outerwear in sizes 2T to 16 (or the equivalent) must be limited to 3 inches outside the drawstring channel when the garment is expanded to its fullest width; such garments must be free of toggles, knots, and other attachments at the free ends of drawstrings. If a waist or bottom drawstring in upper outerwear sizes 2T to 16 or the equivalent is one continuous string, it must be bar tacked (i.e., stitched through to prevent the drawstring from being pulled through its channel).

Medical & Mobility

  • Durable medical equipment must not contain claims about medical devices that exceed the approved indications for use given by the FDA. Excessive claims include targeting use at children if the device is only cleared for adult use; advertising for use in a part of the body not specified in the indications for use; and selling prescription devices without a prescription. For more information, check out the FDA Medical Device web page.

  • Listings that may lawfully be sold only against a prescription, such as prescription durable medical equipment or prescription medical devices, must be offered on a Showcase Selling Plan, with the transaction completed off all Amplife® Sites, as described in Section 1 of the Agreement.

  • For any listing that may lawfully be sold only against a prescription, you must verify before fulfillment that the customer holds a valid prescription, fulfill only against that verification, and maintain records of the verification as required by law, as described in Section 2.1 of the Service Terms.

  • If any of your listings consists of durable medical equipment, medical devices, or clinical or professional services, the insurance requirements in Section 9.2 of the Agreement apply from the date your first such listing is approved, regardless of transaction volume. No such listing will go live until we have received and confirmed the proof of insurance required by Section 9.3 of the Agreement.

These are not all restricted categories and we will add to this list as more categories are added.

FFDCA Continuing Guaranty

If any of your listings is a "food", "drug", "medical device", or "cosmetic" being offered or sold in the United States, or another product regulated under the U.S. Federal Food, Drug, and Cosmetic Act ("FFDCA") or its implementing regulations, you provide Amplife® the continuing guaranty described in Section 7 of the Service Terms. The guaranty covers all such listings comprising each sale, shipment, or other delivery made previously or hereafter, whether the transaction completes on or off an Amplife® Site, and guarantees that the listings are: (i) not adulterated or misbranded within the meaning of the FFDCA, (ii) compliant with all requirements of the FFDCA and its implementing regulations at the time of sale, shipment, or delivery, and (iii) provided by you in the original, unbroken packaging.

Recalls and Safety Actions

You must notify us promptly as soon as you have knowledge of any non-conformity or defect in, any public or private recall of, or safety alert of any of your listings or other products, services, or events provided in connection with your listings. You are responsible for all costs of any recall, market withdrawal, or safety corrective action affecting your listings, including customer refunds, replacement, retrieval, destruction, and customer communications, and you will conduct any such action in cooperation with us, as described in Section 9.4 of the Agreement.

Restricted Listing Claims

When you make claims in listings, they must be accurate and you must be able to prove they are true. A claim can be misleading if relevant information is left out or if it suggests something that's not true. You must offer proof when you make claims, especially when they're about health, safety, or performance. You may also be required to provide proof that your listing matches the technical specifications and listing composition described on the listing detail page. You must provide Amplife® with documents to support any claim you include in a listing when asked. These should include scientific evidence such as the results of tests or other research carried out by experts in the proper field. If you cannot substantiate claims made in your listing detail page or listing packaging, we may remove your listings. Some examples of claims that need supporting proof include, but are not limited to, those that say a listing:

  • Is anti-microbial

  • Is anti-bacterial

  • Can reduce the risk of concussions

  • Is made of a particular material, such as bamboo and leather

  • Meets a certain purity standard, such as claims an item is 100% all-natural or has organic ingredients

  • Meets a certain quality standard, such as the ISO 13485

  • Meets a certain technical specification, such as the stated battery capacity of a power wheelchair's battery

Product marketing is regulated by the Federal Trade Commission (FTC).

Environmental claims must follow FTC marketing guidelines. These include the FTC Green Guides, which show how to avoid claims that mislead or deceive consumers. The FTC identifies terms like "environmentally-friendly" "eco-friendly", and "green" as potentially problematic.

For more information, check out:

Restricted Guarantees

Listings must comply with the Guides for the Advertising of Warranties and Guarantees. If you use phrases like "satisfaction guaranteed" or "money-back guarantee" on Amplife®, you must be ready to give full refunds for any reason. For more information, check out the FTC’s A Businessperson's Guide to Federal Warranty Law, Consumer Product Warranties and Advertising, and Marketing on the Internet: Rules of the Road.

Required Disclosures

You are required to display the applicable disclosure or statement if your listing applies to the following:

  • California Air Resources Board

    • Listings for products that are subject to California air pollution regulations, such as engines, aftermarket auto parts, and consumer products, must include the applicable Executive Order number or certification permitting sale into California. For more information, check out the California Air Resources Board.

  • California Prop 65

  • Children's Product Safety

  • Textile Product Descriptions

    • Textile listings (for example, bedding and clothing) must comply with the Textile Products Identification Act (the "Textile Act"), which requires the following disclosures, among others:

      • Whether the product was

        • (i) Made in the U.S.A;

        • (ii) Imported;

        • (iii) Made in the U.S.A and Imported; or

        • (iv) Made in the U.S.A or Imported.

          • Use “Made in U.S.A. and Imported” to indicate manufacture in the U.S. from imported materials, or part processing in the U.S. and part in a foreign country.

          • Use “Made in U.S.A. or Imported” to reflect that some units of an item originate from a domestic source and others from a foreign source.

          • Use “Made in U.S.A.” only if all units were made completely in the U.S. of materials also made in the U.S.

      • The information regarding the country of origin should match the product's label.

      • The generic names and percentages by weight of the fibers present in the product in an amount of 5 percent or more in order of predominance using generic fiber names recognized by the Federal Trade Commission. The use of non-generic fiber names, unless specifically recognized by the Federal Trade Commission, is not permitted.

      • The fiber content should match the product's label.

    • For more information, check out Threading Your Way Through the Labeling Requirements Under the Textile and Wool Act, the Textile Act, the FTC guidelines and the Textile Act Regulations.

  • Upholstered Furniture, Bedding and Mattress Labeling

    • In addition to federal disclosure requirements, listings of upholstered furniture, bedding, and mattresses must comply with state laws governing the content labeling of such listings. These labeling laws vary by state, and may specify requirements for (among other things):

      • Minimum label and font size

      • Proper description of filler materials, including the percent by weight of each, listed in order of predominance

      • Additional information, such as a Uniform Registry Number (URN) or sterilization permit number

Required Information

You are required to submit the following information relevant to the listing and category you request to create listings for:

  • All listings that are affected by a specific restriction, such as children’s upper clothing with drawstrings at the waist and bottom in sizes 2T to 16.

  • Instructions and manuals for the affected listings.

  • Images of all sides of your listing's packaging with the proper warning labels, relevant safety information, compliance markings, and hazard warnings.

  • Test reports from a relevant laboratory showing the listing complies with the regulations, standards and requirements of the law and Amplife®.

  • Certificates for the applicable restriction for your listings.

Policy Violations

If you do not provide the required information by the applicable deadline, or if you offer a Prohibited Listing or offer a Restricted Listing out of compliance with this policy, we may take the following actions:

  • Remove the relevant listings;

  • Suspend your ability to add new listings, your Amplife® account, or both; and

  • Withhold any payments due to you.

These actions operate as provided in the Agreement. Under Section 3 of the Agreement, we may suspend or terminate your account immediately where the account has been, or we identify that it may be, used for deceptive, fraudulent, or illegal activity, or where your use of the Services has harmed, or we identify that it might harm, other vendors, customers, or Amplife®'s legitimate interests. Under Section 15 of the Agreement, restrictions on products or activities that we deem unsafe, inappropriate, or offensive may take effect immediately.

We reserve the right to take any further actions that may be necessary in our sole discretion.

Prior versions are available in our version history.

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