Acceptable Use Policy

Merchmake is a commerce platform that provides the tools and technology for brands, licensees, retailers & manufacturers. While we believe the free and open exchange of ideas and products is a key tenet of commerce, there are some activities that are incompatible with Merchmake’s mission to make commerce better for everyone. This Acceptable Use Policy (“AUP”) describes activities that are prohibited in connection with your use of the Services.

For the purposes of this AUP, “Materials” means any photos, images, videos, graphics, written content, audio files, code, information, data or other content uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account.

The following activities are prohibited:

1.  Child Exploitation: You, or your customers, may not offer goods or services, or post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.

2. Harassment, Bullying, Defamation and Threats: You may not offer goods or services, or post or upload Materials, that harass, bully, defame or threaten a specific individual.

3. Hateful Content: You, or your customers, may not offer goods or services, or post or upload Materials, that condone or promote violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition or veteran status.

4. Illegal Activities: You, or your customers, may not offer goods or services, or post or upload Materials, that contravene or that facilitate or promote activities that contravene, the laws of the jurisdictions in which you operate or do business.

5. Intellectual Property: You, or your customers, may not offer goods or services, or post or upload Materials, that infringe on the copyright or trademarks of others.

6. Malicious and Deceptive Practices: You, or your customers, may not use the Services to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Services or other infrastructure of Merchmake or others, including Merchmake’s third party providers. You may not use the Services for deceptive commercial practices or any other illegal or deceptive activities.

7. Personal and Confidential Information: You, or your customers, may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, confidential national ID numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.

8. Self-Harm: You, or your customers, may not offer goods or services, or post or upload Materials, that promote self-harm.

9. Spam: You, or your customers, may not use the Services to transmit unsolicited commercial electronic messages. 10. Terrorist Organizations: You, or your customers, may not offer goods or services, or post or upload Materials, that imply or promote support or funding of, or membership in, a terrorist organization.

We may suspend or terminate your Account or your access to the Services if you engage in activities that violate the letter or spirit of this AUP, including activities outside of your use of the Services.

Merchmake has the right, but not the obligation, to monitor or investigate any Materials and your use of the Services at any time for compliance with this AUP and the Merchmake Terms of Service, or any other agreement between you and Merchmake governing your use of the Services (collectively, the “Terms”). Our determination of whether a violation of this AUP has occurred will be final and binding, and any action taken with respect to enforcing this AUP, including taking no action at all, will be at our sole discretion.

Merchmake may modify this AUP at any time by posting a revised version at  https://www.Merchmake.com/legal/aup . By continuing to use the Services or access your Account after a revised version of the AUP has been posted, you agree to comply with the latest version of the AUP. In the event of a conflict between the AUP and the Terms, this AUP will take precedence, but only to the extent required to resolve such conflict. Capitalized terms used but not defined in this AUP shall have the meanings set forth in the Terms.