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These Marketing Program Terms (the "Marketing Program Terms") describe the terms

pursuant to which eBay offers you access to our marketing services, which help you
promote your products on and off eBay, and all related services, applications and
tools (collectively, the "Marketing Services"). These Marketing Program Terms are
part of our User Agreement, and the applicable version pursuant to which you are
using the Services is incorporated herein by reference. The Marketing Services are
part of the "Services" as defined in the User Agreement. By registering for or
using the Marketing Services, you (on behalf of yourself or the business you
represent) agree to be bound by these Marketing Program Terms. In the event of
conflict between the User Agreement and these Marketing Program Terms, these
Marketing Program Terms will prevail.

Marketing Services.
The Marketing Services include self-service and fully managed marketing tools
through which you can request to promote eBay listings or other content by agreeing
to pay a fee to eBay, as described in these Marketing Program Terms and the
Marketing Services.

When you use the Marketing Services, you authorize eBay (and its Partners, as
applicable) 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) you incur notwithstanding such promotion and understand that those third
parties may receive advertising performance information related to their promotion
of your listings. By using the Marketing Services, you authorize eBay to place your
Ads in any size, placement or location on any content or property (each, a
"Property") provided by eBay or a third party ("Partner").

We may make available certain features or services through which we may help you
optimize your participation in the Marketing Services, for example, by creating or
modifying campaigns, setting or modifying ad rates and/or budgets, and adding or
removing keywords or other targeting parameters. If you elect to use those features
or services (by informing us in writing or as reflected in your settings via the
Marketing Services), you understand that we may manage your campaigns and take such
actions on your behalf without your prior consent, as may be further described by
us in writing or in the Marketing Services.

You must ensure that your account credentials are kept secure at all times and not
provide access to anyone not authorized by you to take action on your behalf. 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 authorized or undertaken by you, unless we determine in our sole
discretion that certain activity on your account is the result of a security breach
of our systems to which you have not contributed. It is your responsibility to
monitor your account and to ensure that your campaigns are consistent with your
business objectives.

Content.
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 and
functionality eBay may make available, associate with or incorporate into your
listing (e.g., “add to watchlist” icons). You will designate or provide eBay with
text, logos, images, URLs and other content ("Content") for the Ads, which Content
may be derived from 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 applicable eBay
policies 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 by you or on your behalf.

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 connection with our provision, expansion, and
promotion of our Marketing Services, 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, regulations and
third-party rights. 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.

Fees.
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). The measurements and standard methodologies used by eBay
(including those of its Partners) are definitive and will be used to calculate your
Marketing Fees according to the pricing method established in your account and as
may be further set forth in the Marketing Services. Marketing Fees are subject to
our then-current minimum and/or maximum rates. We reserve the right to modify the
Marketing Fees (including the methodologies we use to calculate the Marketing Fees)
from time to time in our discretion. Any disputes about Marketing Fees must be
submitted to us in writing within sixty 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 exclusive of applicable taxes for use of the
Marketing Services, except as may be otherwise indicated via the Marketing
Services. Sellers are responsible for paying applicable taxes associated with using
the Marketing Services, in accordance with applicable laws and as further described
in the User Agreement. Collection of Marketing Fees and applicable taxes may be
carried out via the means specified in the User Agreement, or as otherwise set
forth in your applicable payment agreement with us. You will reimburse us for all
reasonable expenses and attorneys’ 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.

Cost per Click Pricing.


If you participate in the Marketing Services on a cost-per-click basis, you agree
to pay an amount up to and including the ad rate reflected in your account settings
(or as determined by your participation in optimization features, which may include
ad rate automation) 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 total amount of the sale for each Attributed Sale (as
defined below). The total amount of the sale is the same value we use to calculate
final value fees (described in the applicable eBay policies), and includes the item
price, any handling charges, shipping costs, taxes (including, without limitation,
sales tax, value added tax, and goods and services tax), and any other applicable
fees. An "Attributed Sale" means an end user or device associated with an end user
(an "End User") has (A) clicked on one of your Cost per Sale Ads and (B) purchased
any of your promoted Cost per Sale items 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 Attributed 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 an Attributed Sale. You may end a campaign at any time, but you will
still be responsible for Marketing Fees for Attributed Sales if the End User clicks
on your Ad prior to you ending your campaign and purchases the item featured in
that Ad, even if the purchase occurs after the campaign ends.

With respect to Cost per Click Pricing and Cost per Sale Pricing, we charge
Marketing Fees at the rate in effect for a particular Ad at the time that Ad was
clicked unless, with respect to Cost per Sale Pricing, the purchased item was not
featured in your Cost per Sale Ad (the purchased item, a “Halo Item”). Accordingly,
other than with respect to Halo Items, 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. With respect to Halo Items, the applicable Marketing Fee
will be calculated based on the rate for the applicable Halo Item in effect at the
time of sale.

Subscriptions.
Certain of the Marketing Services may be offered on a subscription basis with auto-
renewing payments (“Subscription Services”). The billing period and pricing for
each type of Subscription Service will be as specified via the Marketing Services
at the time of registration. You expressly acknowledge and agree that (1) we are
authorized to charge you on a recurring basis for the Subscription Services (in
addition to any applicable taxes and other charges) at the then-current rates as
long as the Subscription Services continue, and (2) the Subscription Services will
continue until you cancel (as specified in the Marketing Services) or we suspend or
stop providing access in accordance with these Marketing Program Terms. There are
no refunds or credits for partially used Subscription Services periods.

Other Pricing Features.


Marketing Fees applicable to additional Marketing Services (e.g., time-based fixed
price, cost-per-impression, optimization services, etc.) will be specified in
writing or via the Marketing Services. If you participate in multiple Marketing
Services at the same time (e.g., Cost per Click Pricing and Cost per Sale Pricing),
Marketing Fees will apply to your participation in each such Marketing Service, as
may be further described in the Marketing Services.

Intellectual Property.
If you believe that any content in which you claim copyright has been infringed by
anyone using the Marketing Services, please notify us through our Verified Rights
Owner (VeRO) Program and we will investigate your notice.
Confidentiality.
You will protect and keep confidential information obtained from us in connection
with the Marketing Services that is identified as confidential or that, given the
nature of such information or the manner of its disclosure, reasonably should be
considered confidential (including non-public information about our technology,
marketplace, inventory availability, targeting and pricing data) (“Confidential
Information”). You will use Confidential Information only in connection with your
participation in the Marketing Services.

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 authorized to
publish your Ad and Content; (B) any offer promoted in your Ad and Content is valid
and redeemable; (C) you have adequate inventory to support any offer promoted in
your Ad and Content; (D) you have obtained all necessary rights, consents, licenses
or clearances in relation to the publication of your 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
Marketing Program Terms; (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 or Attributed 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; (I) relevancy of search keywords or other content
on the Properties; and (J) any recommendations or guidance we may make available in
connection with the Marketing Services. 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.

Indemnity.
You will indemnify and hold us (and our affiliates, subsidiaries and Partners, and
our and their respective officers, directors, employees, 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 Marketing Program
Terms, 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 to the extent permitted under applicable law.

Contractors.
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 Marketing Program Terms
(collectively, “Contractors”), and you understand that Contractors may receive
advertising performance information related to such activities. You will ensure
that your Contractors comply with all restrictions applicable to you under these
Marketing Program Terms and all applicable third-party rights, laws, rules and
regulations.

General.
eBay reserves the right in its sole discretion to suspend, terminate, restrict or
reactivate 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 or reactivation 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 in
whole or in part.

If any provision of these Marketing Program Terms 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 Marketing Program Terms by posting the amended terms on
https://pages.ebay.com/sell/pl/termsofservice.html (or successor website). In the
event that we make material amendments, we will provide you with thirty days
advance notice by posting the updated version on the applicable site and/or
notifying you via the Services or via email. No such advance notice will be
required for non-material (e.g., functional) changes, which will take effect upon
posting, unless the amended terms set forth another effective date.Your continued
access or use of the Marketing Services constitutes your acceptance of the amended
terms.

These Marketing Program Terms are effective as of March 30, 2023.

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