Intellectual Property Complaint and Notice-and-Takedown Policy

Respect for intellectual property rights. Everful respects the intellectual property rights of others and expects all suppliers, sellers, users, and other persons who provide content or products for display, promotion, or sale through Everful’s services to do the same.

Everful has adopted this Intellectual Property Complaint and Notice-and-Takedown Policy to facilitate the prompt review and resolution of intellectual property complaints and, with respect to qualifying copyright claims and material, to preserve potentially applicable safe-harbor protections under the Digital Millennium Copyright Act (“DMCA”). Nothing in this Policy is intended to represent or guarantee that Everful, any particular service offered by Everful, or any particular product listing or content qualifies for protection under the DMCA.

Copyright complaints submitted under the DMCA are governed by the procedures described below. Complaints concerning trademarks, counterfeit goods, trade dress, patents, rights of publicity, or other intellectual property rights are reviewed separately under Everful’s policies and applicable law and are not governed by the DMCA.

1. Copyright complaints under the DMCA

DMCA agent

Copyright owners and their authorized agents may send notices of claimed copyright infringement to Everful’s designated DMCA agent:

DMCA Agent

BakerHostetler

999 3(rd) Ave, Suite 3900, Seattle, WA 98104

206-566-7120

EverfulDMCA@bakerlaw.com

Please send only copyright notices and counter-notifications to the designated DMCA agent. Trademark, counterfeit, patent, trade dress, or other intellectual property complaints should be submitted through the Intellectual Property Complaint process described below.

Copyright notice requirements

If you believe in good faith that material available through Everful infringes a copyright that you own or are authorized to enforce, please provide Everful’s designated DMCA agent with a written notice containing substantially all of the following:

A physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf.
Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works on Everful’s service are covered by one notice, a representative list of those works.
Identification of the allegedly infringing material, together with information reasonably sufficient to permit Everful to locate it. Please provide the specific product-page URL, listing URL, product identifier, image URL, or other precise location for each item.
Your name, mailing address, telephone number, and email address.
A statement that you have a good-faith belief that the complained-of use is not authorized by the copyright owner, the owner’s agent, or the law.
A statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Processing copyright notices

Upon receiving a substantially compliant copyright notice, Everful may remove or disable access to the identified material and will take reasonable steps to notify the supplier, seller, or user responsible for providing the material.

If a notice is incomplete but substantially identifies the copyrighted work, the complained-of material, and the complaining party, Everful may request the missing information before completing its review. Everful may nevertheless remove or disable material pending clarification when it reasonably determines that interim action is appropriate.

Removal or disabling of material does not constitute an admission by Everful or the affected supplier that infringement has occurred.

Counter-notification

If material that you provided has been removed or disabled as a result of a copyright notice, and you believe the removal resulted from mistake or misidentification, you may send Everful’s designated DMCA agent a written counter-notification containing substantially all of the following:

Your physical or electronic signature.
Identification of the material that was removed or disabled and the location where it appeared before removal or disabling.
A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled because of mistake or misidentification.
Your name, address, and telephone number.
A statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located or, if your address is outside the United States, the judicial district in which Everful may be found.

A statement that you will accept service of process from the person who submitted the copyright notice or that person’s agent.

Counter-notice forwarding and restoration

If Everful receives a substantially compliant counter-notification, Everful may send a copy to the person who submitted the original copyright notice and inform that person that Everful will restore the removed material.

Unless the original complaining party notifies Everful that it has filed a court action seeking to restrain the affected supplier or user from engaging in the allegedly infringing activity, Everful may restore the material not fewer than 10 and not more than 14 business days after receiving the counter-notification.

Everful may decline to restore material independently prohibited by its Terms of Use, supplier agreements, product rules, or other policies, even if the counter-notification satisfies the DMCA’s formal requirements.

Misrepresentations

The DMCA provides that a person who knowingly makes a material misrepresentation that material is infringing, or that material was removed or disabled by mistake or misidentification, may be liable for resulting damages, costs, and attorneys’ fees. Everful therefore requests that parties submit notices and counter-notifications only after reviewing the relevant facts and applicable law.

2. Trademark, Trade Dress, Counterfeit, Patent, and other IP complaints

Scope

Everful also accepts complaints concerning:

Alleged trademark or service-mark infringement;
Counterfeit or falsely branded products;
Unauthorized use of logos;
Trade dress or packaging;
Design patents or utility patents;
Rights of publicity;
Allegedly infringing product photographs, descriptions, videos, or marketing materials not submitted as a formal DMCA notice; and
Other content or products alleged to violate intellectual property or proprietary rights.

These complaints are not governed by the DMCA. Everful evaluates them under its agreements, policies, and applicable law.

Required information for non-DMCA complaints

To help Everful evaluate a trademark or other intellectual property complaint, please provide:

Your full name, company, title, mailing address, telephone number, and email address.
The name of the rights owner and, if you are acting as an agent, documentation or a statement confirming your authority.
Identification of each right asserted, including registration numbers, jurisdictions, and links to public registration records where available.
The specific Everful URL, product listing, product identifier, image, keyword, advertisement, or other material at issue.
A concise explanation of the alleged violation.
Images or examples of the rights owner’s genuine products, packaging, marks, or other relevant materials.
For counterfeit complaints, the factual indicators supporting the conclusion that the goods are not genuine.
Any test purchase, authentication report, court order, customs determination, or prior correspondence relevant to the claim.
A statement that you have a good-faith belief that the challenged use is not authorized by the rights owner.
A statement that the information provided is accurate and that you are authorized to submit the complaint.
Your physical or electronic signature.

Everful’s review authority

Everful may request additional information from the complainant, supplier, seller, manufacturer, or other relevant party. Everful may, in its discretion:

Remove or disable a product listing, image, description, advertisement, or other material;

Pause the publication, promotion, or fulfillment of a product;
Suspend advertising associated with a product;
Request invoices, licenses, authorization letters, distribution agreements, manufacturing records, or supply-chain documents;
Restrict, suspend, or terminate a supplier or user account;
Refuse to restore previously removed material;
Refer the matter to the appropriate service provider, advertising platform, payment provider, law-enforcement authority, customs authority, or other third party; or
Take no action when the complaint is unsupported or does not permit Everful to identify the material or right at issue.

Everful is not a court and ordinarily cannot adjudicate complex disputes concerning ownership, license scope, priority, exhaustion, fair use, nominative use, functionality, validity, infringement, or likelihood of confusion. Everful may require a court order or other reliable legal determination before acting on disputes that cannot reasonably be resolved from the submitted materials.

3. No obligation to disclose confidential business information

Submission of an intellectual property complaint does not entitle the complainant to sales data, supplier identities, customer information, pricing information, transaction records, or other confidential information. Everful may preserve or disclose information when required by valid legal process, applicable law, or an appropriate court order.

4. Repeat-infringer and repeat-violation policy

Everful has adopted a policy providing for termination, in appropriate circumstances, of suppliers, sellers, users, or account holders whom Everful determines to be repeat copyright infringers.

Everful may also restrict, suspend, or terminate persons repeatedly associated with products or content that violate Everful’s intellectual property policies, regardless of whether each matter resulted in a final judicial determination.

Everful reserves the right to act immediately in cases involving apparent counterfeiting, fraudulent authorization documents, deliberate evasion of prior removals, materially false statements, court orders, or conduct creating significant legal or platform risk.