Sell with Amplife® Service Terms

The Sell with Amplife® Service ("Sell with Amplife®") is a Service that allows you to offer Your Listings directly on an Amplife® Site.

These Sell with Amplife® Service Terms ("Service Terms") contain the terms and conditions that govern your access to and use of the Service. By registering for or using the Service, you agree to be bound by the terms of these Serve Terms.

These Service Terms are part of the Amplife® Vendor Participation Agreement ("Agreement") and Sell with Amplife® is part of the Amplife® Vendor Program ("Program"), but, unless specifically provided otherwise, concern and apply only to your participation in the Sell with Amplife® Service.

Definitions

As used in these Service Terms:

"Affiliate" means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity.

"Amplife® Associated Properties" means any website or other online point of presence, mobile application, service or feature, other than an Amplife® Site, through which any Amplife® Site, or Listings available on any of them, are syndicated, offered, merchandised, advertised, or described.

"Amplife® Service" or "Service" means a Vendor service together in each case with any related services and materials Amplife® makes available.

"Amplife® Refund Policies" means the return and refund policies published on the applicable Amplife® Site and applicable to Listings offered via an Amplife® Site.

"Amplife® Site" means amplife.co and all other domains forwarding to amplife.co. It contains an electronic store and its storefronts branded, owned, and/or controlled by Amplife®, or other affiliate of Amplife®, through which Your Listing may be acquired.

"Confidential Information" means information relating to us, to the Services, or Amplife® customers that is not known to the general public including, but not limited to, any information identifying or unique to specific customers; reports, insights, and other information about the Services; data derived from the Services except for data (other than customer personal data) arising from the sale of Your Listings comprising of Listings sold, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the Services. For the purposes of the Agreement, customer personal data constitutes Confidential Information at all times.

"Content" means copyrightable works under applicable Law and content protected by database rights under applicable Law.

"Disability Helped" means the disability that Your Listing helps.

"Disabled-Owned" means at least 51% founded, owned, operated or controlled by people with disabilities.

"Disabled-Designed" means created, developed or produced by people with disabilities.

"Disabled-Solution" means solves a problem for people with disabilities.

"Intellectual Property Right" means any patent, copyright, trademark, domain name, moral right, trade secret right, or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the previously mentioned rights.

"Law" means any international, federal, state, and local law, ordinance, rule, regulation, order, license, permit, judgment, decision, or other requirement, now or in the future in effect, of any governmental authority (ex. on a federal, state, or provincial level, as applicable) of competent jurisdiction.

"Listing" means anything offered through Amplife®. It is made up of details such as title, Vendor, price, description, and fulfillment details. All Listings must comply with all Laws and regulations, as well as Program Policies.

"Listing Type" means who is serving the disabled community and how the Listing serves the disabled community (Disabled-Owned, Disabled-Designed, or Disabled-Solutions).

"Restricted Listing" means the Listings described on the applicable Restricted Listings Policy, any other applicable Program Policies, or any other information made available to you by Amplife®.

"Prohibited Listing" means a Listing that is not allowed on any Amplife® Site.

"Standard Listing" means a Listing’s transaction is completed on any Amplife® Site and fulfilled with the provided Order Information.

"Showcase Listing" means a Listing’s transaction is completed off all Amplife® Sites and fulfilled from the designated sales channel that is not Amplife®.

"Your Listing" means any approved product, service or event that you have offered through the Sell with Amplife® Service.

"Order Information" means, with respect to any of Your Listings where the transaction is completed on and ordered through an Amplife® Site, the order information and shipping information that we provide or make available to you.

"Primary Payment Method" means valid credit card/debit card information from credit cards/debit cards acceptable by Amplife® as well as valid bank account information for bank accounts acceptable by Amplife®.

"Program Policies" means all policies and program terms provided on the Program Policies.

"Purchase Price" means the total amount payable or paid for Your Listing (including taxes and shipping charges only to the extent specified in the Tax Policy).

"Referral Fee" means for Standard Listings, the applicable fee based on the Sales Proceeds from Your Transaction through the applicable Amplife® Site, based on the categorizations by Amplife®.

"Required Listing Information" means, with respect to each of Your Listings in connection with a particular Amplife® Site, the required accurate and complete information for each Listing that you offer through any Amplife® Site.

"Sales Proceeds" means the gross proceeds from any of Your Transactions, including (a) all shipping and other charges; (b) taxes and customs duties to the extent specified in the applicable Tax Policy; and (c) in the case of invoiced orders, any amounts that customers fail to pay to us or our Affiliates on or before the applicable invoice due date.

"Street Date" means the date(s), if any, specified by the manufacturer/producer/service provider of a Listing as the date before which specified information regarding such Listing (ex. model name of a wheelchair) should not be disclosed publicly, or such Listing should not be delivered or otherwise made available to customers.

"Selling Plan" means the Vendor's chosen plan for Selling with Amplife® that determines if a Vendor can complete transactions on or off an Amplife® Site.

"Standard Selling Plan" and "Standard" means the Selling Plan for Vendors that can sell directly to customers, where the Vendor's Listing is free to list, the Vendor pays a fee when the Listing is sold, and the transaction completes on any Amplife® Site.

"Enterprise Standard Selling Plan" and "Enterprise Standard" means the Selling Plan for Vendors that cannot sell directly to customers, need a distributor/dealer to sell it, or need the Listing delivered with service options, where the Vendor's Listing is free to list, the Vendor pays set agreed upon fee between the Vendor and Amplife® when the Listing is sold, and the transaction completes on any Amplife® Site.

"Showcase Selling Plan" and "Showcase" means the Selling Plan for Vendors with few or no dealers/distributors, where the Vendor's Listing is free to list, the Vendor pays Amplife® a monthly subscription to have their Listings lead off any Amplife® Site, and the transaction completes off all Amplife® Sites.

"Enterprise Showcase Selling Plan" and "Enterprise Showcase" means the Selling Plan for Vendors with dealers/distributors or are conglomerates, where the Vendor's Listing is free to list, the Vendor pays Amplife® a monthly subscription to have their Listings lead off any Amplife® Site, and the transaction completes off all Amplife® Sites.

"Vendor" means an individual or organization who is authorized to create Listings for the Program.

"Vendor Portal" means the online portal and tools made available by Amplife® to you, for your use in managing your orders, Your Listings, and presence on a particular Amplife® Site or any other online point of presence.

"Your Materials" means all of your copyrights, trademarks, trade secrets, patents, or other intellectual property including Intellectual Property Rights, Content, Your Listing information, data, materials, and other items or information provided or made available by you or your Affiliates to Amplife® or its Affiliates.

"Your Sales Channels" means all sales channels other than an Amplife® Site through which you or any of your Affiliates offers products, services or events.

"Your Transaction" means any sale of Your Listing(s) through an Amplife® Site.

As used in these Service Terms, "we", "us", "our", and "Amplife®" means AMPLIFE LLC and any of its applicable Affiliates, and "you" and "your" means the Vendor and any of its Affiliates participating or seeking to participate in the Program by accepting the Agreement and these Service Terms. To the extent there is a conflict between the Agreement, the Service Terms and Program Policies, the conflict will be resolved by giving precedence in the order specified in such documents, or if not specified, the following order: the Agreement, the Service Terms, and the Program Policies.

1. Your Listings and Orders

1.1 Listings Information

You will provide accurate and complete Required Listing Information for each of Your Listings that you offer through any Amplife® Site and promptly update that information as necessary to ensure it at all times remains accurate and complete:

(a) digitized image that accurately depicts only Your Listing, complies with all Listing Guidelines, and does not include any additional logos, text or other markings;

(b) title;

(d) Purchase Price;

(e) Listing Type (Disabled-Owned, Disabled-Designed, or Disabled-Solution);

(f) Disability Helped within the category and browse structure;

(g) categorization within each Amplife® Listing category and browse structure;

(h) description, including as applicable, location-specific availability and options, scheduling guidelines and service cancellation policies;

(i) list of technical specifications;

(j) information regarding in-stock status and availability, shipping limitations or requirements, and the estimated or promised shipment and delivery date and shipping charge (in each case, in accordance with any categorizations and with our standard functionality);

(k) any text, disclaimers, warnings, notices, labels, warranties, or other content required by applicable Law to be displayed, or that are necessary for the safe use of Your Listing, in connection with the offer, merchandising, advertising, or sale of Your Listing; and

(l) any other information reasonably requested by us such as invoices and other documentation demonstrating the safety and authenticity of Your Listings.

You will also ensure that Your Materials, Your Listings (including packaging) and your offer and subsequent sale of any of the same on any Amplife® Site comply with all applicable Laws (including all minimum age, marking and labeling requirements) and do not contain any sexually explicit (except to the extent expressly permitted under our applicable Program Policies), defamatory or obscene materials. You may not provide any information for, or otherwise seek to offer any Prohibited Listings on any Amplife® Sites. If you offer a Listing for sale on an Amplife® Site that requires a warning under California Health & Safety Code Section 25249.6 (a “Proposition 65 Warning”) you (a) will provide us with such warning in the manner specified in our Program Policies, and (b) agree that our display of a Proposition 65 Warning on a Listing detail page is confirmation of our receipt of that warning.

1.2 Listing; Order Processing

We will enable you to offer Your Listings on an Amplife® Site, and promote Your Listings in accordance with your Selling Plan (Standard, Enterprise Standard, Showcase, or Enterprise Showcase) and the Agreement (including via the Amplife® Associated Properties or any other functions, features, advertising, or programs on or in connection with the applicable Amplife® Site). We may use mechanisms that rate, or allow shoppers to rate, Your Listings and your performance as a Vendor and Amplife® may make these ratings and feedback publicly available. We will provide Order Information to you for each order of Your Listings through the applicable Amplife® Site. We will also receive all Sales Proceeds on your behalf for each of these transactions and will have exclusive rights to do so, and will remit them to you in accordance with these Sell with Amplife® Service Terms.

1.3 Shipping Charges

When Your Listing is ordered by customers through an Amplife® Site, you will determine the shipping charges subject to our Program Policies and standard functionality.

1.4 Credit Card Fraud

Our payment processing partner's fraud analysis provides indicators of credit card fraud (i.e., a fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Your Transactions for each order of Your Listings through an Amplife® Site. The indicators are used to investigate an order that Amplife® or you think might be fraudulent. The indicators include information such as:

whether the credit card used for the order passes AVS checks;
whether the customer provided the correct CVV code;
details about the IP address used to place the order; and
whether the customer tried to use more than one credit card.

If fraud indicators are detected on an order, we will forward the indicators to you. You will have 48 hours from receiving the email from us to accept the order or cancel the order.

If you accept the order, you will bear all risks and chargeback costs.
If you cancel the order, the order can't be fulfilled.
If you do not answer in 48 hours, we will contact the customer to determine if the order is fraudulent. If we determine that the order is most likely not fraudulent, we will bear the risks equally with you.

You will bear all other risks of fraud or loss, including in connection with Your Listings that are not fulfilled strictly in accordance with the Order Information and the estimated or promised shipment and delivery date.

2. Sale and Fulfillment; Refunds and Returns

2.1 Sale and Fulfillment

For Standard Listings, you will:

(a) source, offer, sell, and fulfill Your Listings in accordance with the terms of the applicable Order Information, the Agreement, and all terms provided by you or us and displayed on the applicable Amplife® Site at the time of the order and be solely responsible for and bear all risk for those activities;

(b) package each of Your Listings in a commercially reasonable manner complying with all applicable packaging and labeling requirements, including any warnings or instructions necessary to safely use Your Listings, and ship each of Your Listings in accordance with the shipping purchased by the customer;

(c) only cancel Your Transactions as permitted pursuant to your terms and conditions appearing on the applicable Amplife® Site at the time of the applicable order or as may be required under the Agreement;

(d) provide to Amplife® information regarding fulfillment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us;

(e) comply with all Street Date instructions;

(f) include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of Your Listings;

(g) identify yourself as the Vendor of each of Your Listings on all packing slips or other information included or provided in connection with Your Listings and as the Vendor to which a customer may return the applicable Listing; and

(h) not send customers emails confirming orders or fulfillment of Your Listings.

For Showcase Listings, you will fulfill your Listings in accordance with the terms of the Your Sales Channels.

2.2 Cancellations, Returns, and Refunds

The Amplife® Refund Policies for an Amplife® Site will apply to Standard Listings. You will promptly accept, calculate, and process cancellations, returns, refunds, and adjustments in accordance with the Agreement and the Amplife® Refund Policies for the applicable Amplife® Site, using the functionality we enable for your account. Without limiting your obligations, we may in our sole discretion accept, calculate, and process cancellations, returns, refunds, and adjustments for the benefit of customers.

For Showcase Listings, you will accept returns in accordance with the terms of the Your Sales Channels.

3. Problems with Your Listings

3.1 Delivery Errors and Nonconformities; Recalls

You are responsible for any non-performance, non-delivery, misdelivery, theft, or other mistake or act in connection with the fulfillment of Standard Listings, except to the extent caused by our failure to make available to you Order Information as it was received by us.

For Showcase Listings, you are responsible for any non-performance in accordance with the terms of the Your Sales Channels.

You will notify us promptly as soon as you have knowledge and are also responsible for 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.

4. Compensation

Amplife® will charge your Primary Payment Method for

(a) the applicable Standard Listing fees for Vendors on the Standard/Enterprise Standard Selling Plans;

(b) the applicable Showcase Listing monthly subscription no more than twenty-four (24) hours prior to the renewal date for Vendors on the Showcase/Enterprise Showcase Selling Plans; and

If the Primary Payment Method cannot be charged for any reason, you authorize Amplife® to charge your other eligible payment methods. If Amplife® cannot charge your other eligible payment methods, you remain responsible for any uncollected amounts, and Amplife® may attempt to charge again or request another payment method. For Showcase Listings, this may change the date on which billing occurs. As permitted by law, Amplife® may automatically update payment information if it is provided by payment networks or financial institutions.

Subscription upgrades take effect immediately and downgrades or cancellations take effect at the next billing date.

5. Remittance of Sales Proceeds & Refunds

Except as otherwise stated in the Agreement, we will remit to you your available balance on a monthly (30 day) (or at our option, more frequent) basis after a Standard Listing order is fulfilled. For each remittance, your available balance is equal to any Sales Proceeds not previously remitted to you (which you will accept as payment in full for Your Transactions), less:

(a) the Listing fees;

(b) any other applicable fees described in the Agreement (including any applicable Program Policies);

(c) any amounts we require you to maintain in your account balance pursuant to the Agreement (including payments withheld pursuant to Section 2 of the Agreement, Section 1.4, Section 3.2, Section 3.3, and applicable Program Policies); and

(d) any taxes that Amplife® automatically calculates, collects and remits to a tax authority according to applicable law, as specified in the Tax Policies.

For Showcase Listings, your available balance will be remitted in accordance with the terms of the Your Sales Channels.

We may establish a reserve on your account based on our assessment of risks to Amplife® or third parties posed by your actions or performance, and we may modify the amount of the reserve from time to time at our sole discretion.

When you either initially provide or later change your Primary Payment Method information, the remittance date may be deferred by up to 14 days.

6. Amplife® Websites and Services

Amplife® has the right to determine, the design, content, functionality, availability and appropriateness of its websites, selection, and any Listing on Amplife®, and all aspects of each Service, including your use of the same. Amplife® may assign any of these rights or delegate any of its responsibilities.

7. Continuing Guarantees

We require the following continuing guarantees from you.

If any of Your Listings is a “food”, “drug”, “medical device”, or “cosmetic” being offered or sold in the United States or other product regulated under the U.S. Federal Food, Drug, and Cosmetic Act (“FFDCA”) or its implementing regulations, then you provide us with the following continuing guaranty that with respect to all such Standard Listings comprising each sale, shipment, or other delivery made previously or hereafter are: (i) not adulterated or misbranded within the meaning of the FFDCA, (ii) compliant with all requirements of FFDCA and its implementing regulations at the time of sale, shipment, or delivery, and (iii) provided by you in the original, unbroken packaging.

8. Entire Agreement

If any provision of the Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. If you are located in the province of Quebec, Canada or are a government organization within France, then the following clause applies to you: The parties hereby confirm that they have requested that the Agreement and all related documents be drafted in English. Les parties ont exigé que le présent contrat et tous les documents connexes soient rédigés en anglais. The Agreement constitutes the entire agreement between the parties with respect to participation in the Amplife® Vendor Program, use of Amplife® Services, and related subject matter and supersedes all prior agreements and understandings.

Sell with Amplife® Service TermsUpdated 24 days ago