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Terms and conditions
Welcome to the eBay PowerSeller Program, including the Top Rated seller status. To register as an eBay PowerSeller, you first need to read and agree to the terms of the eBay PowerSeller Agreement.
 
The requirements for and benefits of Top Rated seller status are changing this spring. Read more.
Terms
1. POWERSELLER TERMS AND CONDITIONS, INCLUDING Top Rated SELLER STATUS
 
1.1 General. eBay's PowerSeller Program, which includes the Top Rated seller status, is a voluntary program whose membership is based upon past selling performance, account status and the voluntary performance standards detailed below. Participation in the Program and all PowerSellers, including the Top Rated seller status, is a privilege, which may be revoked, not a right. eBay does not endorse, sponsor or approve PowerSellers of all levels, including and the Top Rated sellers. Nor does eBay systematically review or confirm PowerSeller status or qualifications including the Top Rated seller. eBay may revoke such status if it becomes aware that a registered PowerSeller up to and including a Top Rated seller no longer qualifies for the Program. The current benefits of participation in eBay's PowerSeller Program, including Top Rated seller status, may be found at
http://pages.ebay.com/help/sell/sell-powersellers.html. These benefits may be changed or discontinued by eBay at any time.
 
1.2 Qualifications. To qualify as an eBay PowerSeller at any level, except for the Top Rated seller status, on eBay.com, you must be a resident of the fifty (50) United States and satisfy certain minimum qualifications. To qualify for Top Rated seller status, you must be an eBay PowerSeller on the eBay.com site or an eBay localized web site which has an eBay PowerSeller Program. These qualifications are:
 
1.2.1 Your eBay account must be kept in good standing at all times, and you will pay for all fees due;
 
1.2.2 You must maintain a minimum feedback rating of 100 and 98% positive feedback rating at all times;
 
1.2.3 You must meet or exceed a minimum monthly gross sales average for the previous three consecutive months prior to becoming a registered member of the PowerSeller Program including the Top Rated seller status, and thereafter for every month while you remain a member of the PowerSeller Program including the Top Rated seller status. Your monthly gross sales average for any given month is calculated by adding up your total monthly gross sales for that month as well as the two immediately preceding months, and dividing the total figure by three (For example, your monthly gross sales average for July is calculated by adding up your total gross sales for May, June and July and dividing that figure by three). The average three month gross sales minimum may be changed by eBay from time to time. For purposes of this Section 1.2.3, a "month" is a calendar month;
  • For all PowerSeller levels except for Top Rated seller status: Current minimum requirements are US$1,000 for Bronze, US$3,000 for Silver, US$10,000 for Gold, US$25,000 for Platinum, and US$150,000 for Titanium. eBay may, but is not obligated to, notify you in the event that you fail to meet the minimum monthly gross sales average for any given month. You must also have a minimum monthly total listings average of 4 for the past 3 months, calculated in the same manner as described in Section 1.2.3. (For example, your monthly total listings average for July is calculated by adding up your total listings for May, June and July and dividing that figure by three.)
  • For Top Rated seller status: Current minimum requirements are US$3,000 in gross sales over the most recent twelve months.. You must also have a minimum 100 transactions over the most recent twelve months.
 
1.2.4 You must be a registered eBay user for at least 3 months; and
 
1.2.5 You must agree to this PowerSeller Agreement.
 
1.3 You hereby consent to receive all additional communications from eBay relating to, or as a result of, your registration in eBay's PowerSeller Program, which includes the Top Rated seller status. This consent is additional to the consents you have provided under the eBay User Agreement and Privacy Policy. You have the ability to prevent marketing communications by going to My eBay and modifying your Notification Preferences; however, in such an event, you will be unable to receive PowerSeller updates.
 
1.4 Outside U.S. So long as no PowerSeller Program, which includes the Top Rated seller status is available in your country of residence, the terms and conditions in the PowerSeller Agreement on the eBay.com site will apply, but certain benefits may be subject to availability in your country of residence. If a PowerSeller program, including the Top Rated seller status, is established in your country of residence, you agree that the terms and conditions relating to that PowerSeller or Top Rated seller program will supersede the terms and conditions in the PowerSeller Agreement on the eBay.com site and will thereafter apply to you.
2. POWERSELLER ICON AND LOGO.
 
Top Rated SELLER ICON AND LOGO. As a current eBay Top Rated seller, an icon ("Icon") indicating your status as an eBay Top Rated seller will appear by default next to your eBay User ID. Additionally, the Icon will appear on your View Item pages and search results pages. You may not use the Top Rated seller logo in the description of individual item listings you place on eBay, on your eBay About Me page or eBay My World page. Any use of the eBay Top Rated seller Icon or logo or other protected materials not specifically allowed by this PowerSeller Agreement is not permitted without the express written permission of eBay. You agree to indemnify and hold eBay harmless from all claims, suits, damages, costs and expenses associated with your misuse of the eBay Top Rated seller Icon or logo or other protected materials. This PowerSeller Agreement conveys no right to use the Top Rated seller Icon or logo or other branding or any other eBay trademarks or other intellectual property, other than as expressly provided herein. You further agree that the Top Rated seller privileges referred to in this Section 2 are granted by eBay in its sole discretion, and are non-exclusive and non-transferable. eBay retains all rights, title and interest in and to all intellectual property rights embodied in or associated with the eBay Top Rated seller Icon and logo and other protected materials.
 
3. POWERSELLER BUSINESS TEMPLATES. As a current eBay PowerSeller, you are entitled to access and use the PowerSeller business templates located on the eBay business template page located at http://pages.ebay.com/services/buyandsell/powerseller/benefits.html, subject to the guidelines and restrictions on logo usage set forth therein.
 
4. TERMINATION
4.1 This PowerSeller Agreement and your license automatically terminates if you breach any provision of this PowerSeller Agreement. In the event of termination, Sections 3-7 shall survive.
 
4.2 PowerSeller privileges at all levels including the Top Rated seller status and this PowerSeller Agreement may be terminated immediately if you violates the eBay User Agreement or Privacy Policy.
 
4.3 eBay may, in its sole discretion and for any reason, terminate this PowerSeller Agreement and membership in the PowerSeller Program, including status as a Top Rated seller.
 
4.4 NO WARRANTY. THE ICON AND ANY OTHER MATERIALS ARE PROVIDED HEREUNDER "AS IS." WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction.
 
5. LIABILITY LIMITS. WE DISCLAIM ALL CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THIS POWERSELLER AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR TOTAL LIABILITY TO YOU IS LIMITED TO $1,000. Some jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you.
 
6. ENTIRE AGREEMENT/AMENDMENT. This PowerSeller Agreement contains the entire agreement between you and us with respect to the Icon. However, this PowerSeller Agreement does not modify in any respect the eBay User agreement or the eBay PowerSeller program, including the Top Rated seller status, terms and conditions that may apply in your country of residence. This PowerSeller Agreement may be modified only by a written agreement signed by both parties. Notwithstanding the foregoing, we may modify the PowerSeller Agreement in our sole discretion by notifying you by email of any proposed changes, which changes shall be effective upon our sending you a notice to your email address. If you do not agree with any modifications, you may terminate your license to the Icon.
 
7. GENERAL. This PowerSeller Agreement shall be governed by the laws of the State of California, U.S.A., without regard to its choice of law rules, and subject to the non-exclusive jurisdiction of a court in Santa Clara County, CA, U.S.A. All amounts hereunder shall be payable in U.S. dollars. In the event of an inconsistency between the English-language version of this PowerSeller Agreement and a non-English language version, the English-language version shall control. The laws of your country may be different from U.S. law and your country may have laws that apply regardless of what you agree with us. There may also be additional legal requirements relating to this PowerSeller Agreement that apply to you, which may include but not be limited to, selling certain items or registering a transfer in a central registry. You shall be responsible for compliance with all applicable domestic and international laws, statutes, ordinances and regulations relating to your performance under this PowerSeller Agreement. If performance hereunder is interfered with by any condition beyond a party's reasonable control, the affected party shall be excused from such performance to the extent of such condition. No agency, partnership, joint venture, employment or franchise relationship is intended or created by this PowerSeller Agreement, and you may not make any commitment on our behalf. If any provision of this PowerSeller Agreement is deemed illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. The waiver of a breach hereunder does not waive any other or subsequent breach. Except as otherwise specified, any notices hereunder shall be in writing and delivered to (a) us by sending notice via certified mail, return receipt requested (which shall be effective when signed for) to 2145 Hamilton Ave., San Jose, CA 95125, and (b) you by sending an email to your email address (which shall be effective when sent, and you consent to receiving such emails) or by sending notice via certified mail, return receipt requested (which shall be effective when signed for) to your mailing address.
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