Effective Date: October 15, 2026 Version: 1.0 Applies to: All brand owners enrolled in the Brand Anti-Counterfeit Program, and all brand owners whose brands are the subject of a counterfeit investigation on the Platform.
Article 1: Introduction and Scope
1.1 This document governs the Brand Anti-Counterfeit Program: enrollment, the duties an enrolled Brand assumes, test purchases and authentication, proactive screening, action against a counterfeit supply source, and the consequences of a confirmed counterfeit finding. The complaint procedure in the Brand Complaint and Takedown Policy is reactive; this Program is the Company's proactive counterpart, under which the Company investigates suspect listings on its own initiative.
1.2 Enrollment is voluntary for a Brand, because enrollment carries duties of authentication and cooperation. The consequences of a confirmed counterfeit finding do not depend on enrollment: counterfeiting is prohibited for every Seller whether or not the Brand concerned is enrolled, as governed by the Counterfeit Policy for Sellers.
1.3 An authentication by the Brand is expert evidence. The Company makes the enforcement finding, weighing the Brand's authentication against any evidence the affected Seller produces. Enrollment confers no right to direct a measure against a Seller, and no provision of this document makes the Brand the decision-maker.
1.4 If a provision of this document conflicts with the Terms of Use, this document controls for the subject it governs. If a provision of this document conflicts with the terms of a program in which the Brand participates, the program terms control for that program. Policies and help pages explain this document; they do not amend it, and in any conflict this document prevails. Where a measure under this Program and the ordinary complaint procedure differ for the same listing, the measure that addresses a safety risk applies first.
Article 2: Definitions
2.1 Account: the account a person or business establishes with the Company to use the Platform.
2.2 Authentication: an examination of a Product, conducted by the Brand or its designated examiner, that determines whether the Product is a genuine Product of the Brand or a Counterfeit Product, and that states the features on which the determination rests.
2.3 Brand: a brand owner: a person or business that owns or controls a brand registered in the Brand Registry.
2.4 Buyer: a person who purchases Products or Services through the Platform.
2.5 Company: All About Pawz, LLC, a Tennessee limited liability company.
2.6 Counterfeit Product: a product that bears a brand's mark without the Brand's authorization to manufacture the product or to apply the mark. The quality of the product is irrelevant to the definition: a well-made unauthorized copy and an obvious imitation are each a Counterfeit Product, because authorization, not workmanship, is the test.
2.7 Diversion: the movement of genuine Products into the hands of a Seller through a channel outside the Brand's authorized distribution. A diverted Product is genuine and is not a Counterfeit Product, though a diverted channel may also carry Counterfeit Products.
2.8 Platform: the websites, applications, and services the Company operates under the name All About Pawz, including aapawz.com.
2.9 Products: goods offered for sale through the Platform.
2.10 Seller: a person or business the Company has accepted to offer Products or Services through the Platform.
2.11 Services: services offered through the Platform, including grooming, veterinary, pharmacy, and fulfillment services, as applicable.
2.12 Test Purchase: a purchase of a suspect listing by the Company, made in the ordinary manner of a Buyer, for submission to Authentication.
Article 3: Eligibility and Enrollment
3.1 A Brand whose registry record is verified under the Brand Registry Policy may enroll in the Program. Enrollment is made through the Brand Portal or the channel the Company designates, and takes effect when the Company confirms the enrollment record is complete.
3.2 An enrollment record shall state: (a) the Products in scope, identified by product or product line; (b) the Authentication contacts, with a primary contact and at least one alternate, each identified by name and contact address; (c) the Brand's known authorized channels, stated completely enough to distinguish a Seller the Brand does not recognize from a Seller supplied through a channel the Brand omitted; and (d) the authentication features the Brand applies to its Products, including holograms, codes, batch or lot conventions, and serialization, to the extent the Brand uses them.
3.3 The Brand shall keep the enrollment record current. A change to an Authentication contact, to the Products in scope, or to an authorized channel shall be reported within ten (10) business days of the change. Loss caused by authentication delay that results from a stale contact is a failure of the Brand's duty under this Article, and is recorded as such.
3.4 Enrollment for one brand confers no rights in respect of another brand. A Brand that owns several brands enrolls each brand separately, because the Products in scope and the authentication features differ by brand.
Article 4: Brand Duties in the Program
4.1 The enrolled Brand shall complete an Authentication within ten (10) business days of receipt of a Test Purchase or of a Product submitted for Authentication, and shall state the determination and the features on which it rests. An Authentication that states a conclusion without the features examined does not satisfy this Article, because the Company cannot weigh a conclusion it cannot examine.
4.2 The Brand shall authenticate impartially. An Authentication is an examination of a Product, not an assessment of the Seller that offered it, and the Brand shall not allow a commercial dispute with a Seller to influence a determination. A determination shown to have been influenced by such a dispute is disregarded, and the making of it is a violation of this document.
4.3 The Brand shall not use a Test Purchase result, an Authentication, or the fact of an investigation: (a) to publish an accusation against a Seller before the Company has recorded a finding; (b) to threaten a Seller; or (c) for a purpose outside this Program. The sequence under the Program is fixed: Authentication, Company finding, Company measure. Public accusation before a finding exposes a lawful Seller to reputational harm on an unexamined claim, and is program abuse under the Unauthorized Seller Enforcement Policy.
4.4 The Brand shall cooperate with an investigation under the Program, including by identifying known counterfeit sources, supplying exemplar genuine Products for comparison where the Company requests them, and confirming the Brand's authorized channels on request.
4.5 Confidentiality. Information the Company supplies to the Brand in an investigation: including the identity of a source under investigation: is supplied for the Brand's own legal action and for Authentication purposes only. The Brand shall not disclose that information except to its legal advisers or as a court requires.
Article 5: Test Purchases and Screening
5.1 The Company may make a Test Purchase of a suspect listing on any of the following grounds: (a) a referral by the Brand; (b) a screening result under clause 5.2; (c) a Buyer report of a suspected Counterfeit Product; or (d) a price or sourcing anomaly that is not explicable for genuine Products. The Seller is not notified that a purchase is a Test Purchase, because notice would defeat the examination.
5.2 The Company screens listings for enrolled brands against known counterfeit signals, including: (a) a price materially below the price at which genuine Products are ordinarily offered, without a promotion that explains it; (b) sourcing stated by the Seller that does not correspond to the Brand's known channels; (c) product images reused across unrelated Sellers; and (d) a mismatch between a Product's authentication features and the Brand's stated conventions, including a batch code in a format the Brand does not use or a missing feature the Brand always applies.
5.3 No single screening signal is proof of counterfeiting. Screening orders the Company's investigations and selects listings for Test Purchase; a finding requires an Authentication or other evidence of the kind Article 6 requires.
5.4 The Company shall record each Test Purchase, the ground for it, the Authentication result, and the measure taken, and shall keep the record for three (3) years.
5.5 Where a Test Purchase establishes that a Product is genuine but diverted, the matter proceeds as unauthorized selling under the Unauthorized Seller Enforcement Policy, not as counterfeiting. The distinction is maintained in the record: a diverted genuine Product and a Counterfeit Product carry different findings and different consequences.
Article 6: Findings and Consequences
6.1 A counterfeit finding is made by the Company on: (a) an Authentication that determines the Product is a Counterfeit Product and states the features relied on; or (b) other evidence of equivalent weight, including a Seller's admission or a regulator's determination. The Company shall state the evidence for the finding in the notice to the Seller.
6.2 On a confirmed counterfeit finding, the Company shall remove the affected listings immediately. No cure period applies, because a Counterfeit Product cannot be cured into a genuine one and each day of sale extends the harm to Buyers.
6.3 The measures available against a Seller on a counterfeit finding, and the Seller's appeal rights and the treatment of the Seller's funds pending Buyer refunds, are governed by the Counterfeit Policy for Sellers and the Selling Terms of Service. In summary of the allocation those documents state: a first confirmed counterfeit finding supports suspension of the Seller's Account; a repeated finding, or a finding involving a Product that presents a safety risk: including a counterfeit ingestible, a counterfeit pharmaceutical Product, or a Product bearing a forged safety certification: supports termination of the Account and a bar on re-registration. Buyers who purchased a Counterfeit Product are refunded, and the refund obligation is satisfied from the Seller's balance in accordance with those documents.
6.4 Where an affected Seller disputes an Authentication with expert evidence of its own: an independent examination, chain-of-custody records, sourcing invoices: the dispute is decided on appeal under the governing Seller documents with both opinions in the record. The Brand's Authentication is the first expert evidence; it is not conclusive merely because the Brand gave it.
6.5 Where a finding is reversed on appeal, the Company shall restore the listings removed on that finding and correct the record, and no Strike under the Brand Complaint and Takedown Policy is recorded on a reversed finding.
Article 7: Network Action and Authorization Freeze
7.1 Counterfeit Products commonly reach the Platform through a source that supplies several Sellers. Where an investigation identifies such a source, the Company may: (a) remove every listing supplied from that source that an Authentication or equivalent evidence shows to be counterfeit; (b) investigate each Seller supplied individually, because Sellers supplied by the same source do not stand in the same position: one may have organized the supply and another may have purchased in good faith; and (c) identify the source to an enrolled Brand for the Brand's own legal action, under clause 4.5.
7.2 During an active counterfeit investigation for a brand, the Company may suspend the issuance of new authorizations for that brand under the Brand Gating Policy, where the evidence indicates that Counterfeit Products are entering through authorized channels. A suspension under this clause is temporary, is scoped to the investigation, and ends when the Company records its findings, with notice to the Brand.
7.3 The Company shall notify the Brand of the outcome of a network investigation that concerns the Brand's Products, stating the sources identified and the measures taken, subject to clause 4.5 and to the confidentiality of an ongoing investigation of another party.
Article 8: Fees
8.1 A fee is payable under this document only if the fee is stated in the Brand Program Fees Policy. No other charge of any kind is payable, and the Company shall not impose a fee that that document does not state. The cost of a Test Purchase is borne by the Company except as that document states otherwise.
Article 9: Liability
9.1 Exclusion of certain damages. To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, punitive, or consequential damages, or for lost profits, lost revenue, or loss of goodwill, arising out of or relating to this document, even if the party has been advised of the possibility of those damages.
9.2 Cap. To the fullest extent permitted by law, the Company's total liability arising out of or relating to this document shall not exceed the greater of (a) the amounts the Brand paid to the Company under this document in the twelve months before the event giving rise to the claim, or (b) one hundred dollars ($100).
9.3 Carve-outs. This Article does not limit (a) a party's indemnification obligations under this document; (b) liability for fraud or willful misconduct; (c) amounts the Brand owes for Orders, fees, chargebacks, or refunds under this document; or (d) liability that cannot be limited under applicable law.
9.4 Essential purpose. The parties agree that this Article allocates risk between them, that it is an essential part of the basis of their bargain, and that it applies even if a limited remedy fails of its essential purpose.
Article 10: Indemnification
10.1 Duty. The Brand shall indemnify, defend, and hold harmless the Company and its members, managers, employees, and agents from and against every claim, demand, action, loss, liability, judgment, settlement, cost, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) the Brand's breach of this document; (b) the Brand's Products, listings, or content supplied by the Brand, including product liability claims, intellectual property infringement claims, and product recall costs for the Brand's Products; (c) the Brand's violation of any law or of the rights of any person, including a claim arising from an Authentication the Brand gave negligently or in bad faith, or from a public accusation in breach of clause 4.3; and (d) taxes for which the Brand is responsible under this document.
10.2 Procedure. The Company shall give prompt written notice of a claim under this Article. The Brand shall control the defense with counsel reasonably acceptable to the Company. The Company may participate in the defense at its own expense. The Brand shall not settle a claim in a manner that imposes any obligation or restriction on the Company, or that does not release the Company fully, without the Company's prior written consent.
10.3 Survival. This Article survives the termination of this document.
Article 11: Enforcement and Appeals
11.1 Investigation. The Company may investigate any suspected violation of this document. The Brand shall cooperate with an investigation and shall produce the records this document requires the Brand to keep.
11.2 Notice. If the Company determines that the Brand has violated this document, the Company shall give written notice stating the provision violated and the facts relied on, except where notice would compromise an investigation of fraud, a safety risk, or a legal obligation.
11.3 Opportunity to cure. Where a violation is capable of cure, the Brand has ten (10) business days from notice to cure it and to confirm the cure in writing. No cure period applies to fraud, counterfeiting, a risk to the safety of a person or an animal, unlawful conduct, or a violation that by its nature cannot be cured. A failure to keep the enrollment record current is cured by supplying the current record; repeated Authentication delay is addressed under clause 11.4 before it is addressed by termination.
11.4 Measures. If a violation is established and is not cured within the period allowed, the Company may, proportionate to the violation: (a) issue a written warning; (b) remove or suppress a listing or content; (c) cancel an Order or a booking; (d) suspend the Account or a program participation, in whole or in part, including enrollment in this Program; (e) terminate this document and the Account; and (f) exercise any other right or remedy available under this document or at law.
11.5 Appeal. The Brand may appeal a measure under this Article by written notice to legal@aapawz.com within thirty (30) days of the measure, stating the grounds and attaching the records relied on. The appeal is decided by a person who did not make the original decision. The Company's decision on appeal is final. A measure remains in effect during an appeal unless the Company directs otherwise in writing. A Seller's appeal of a counterfeit finding is governed by the governing Seller documents and is not an appeal under this Article.
11.6 No waiver by delay. The Company's delay in acting on a violation is not a waiver of the violation or of any later violation of the same kind.
Article 12: Term and Termination
12.1 Term. This document takes effect when the Brand's enrollment in the Program is confirmed and continues until terminated under this Article.
12.2 Termination by the Company. The Company may terminate this document and the Account on thirty (30) days' written notice for any reason, and immediately on written notice if the Brand materially breaches this document, engages in fraud, or becomes ineligible to participate. Termination of enrollment does not end an investigation in progress; the Brand's Authentication duties for a Test Purchase received before termination survive until that Authentication is complete or the Company releases the Brand in writing.
12.3 Termination by the Brand. The Brand may terminate this document on thirty (30) days' written notice to support@aapawz.com, provided the Brand has no investigation outstanding in which the Brand's Authentication is awaited.
12.4 Effect of termination. On termination: (a) the rights granted under this document end; (b) obligations that arose before termination: including payment, record-keeping, Authentication, and indemnification obligations: survive until satisfied; and (c) the Company shall disburse amounts owed, less amounts the Company may set off under this document, within thirty (30) days, except amounts held in connection with an open investigation or dispute.
12.5 Survival. The Definitions, Fees (for accrued amounts), Liability, Indemnification, Enforcement and Appeals (for measures taken before termination), Dispute Resolution, and General Provisions Articles survive termination.
Article 13: Dispute Resolution
13.1 Any dispute arising out of or relating to this document, or to the relationship it governs, is governed by the Dispute Resolution Policy, which is incorporated into this document by reference.
Article 14: General Provisions
14.1 Amendments. The Company may amend this document by posting the amended document in the Document Center and giving notice to the Brand at the email address in the Account. An amendment that materially increases the Brand's fees or obligations takes effect thirty (30) days after notice; other amendments take effect on posting. Continued use of the Platform after the effective date of an amendment is acceptance of it. If the Brand does not accept an amendment, the Brand's remedy is to terminate under Article 12 before the amendment takes effect.
14.2 Notices. (a) Legal notices under this document shall be sent to legal@aapawz.com. Operational notices and all other communications shall be sent to support@aapawz.com. A notice to the Company is effective when the Company acknowledges receipt or, for email, one business day after sending, whichever is earlier. (b) Notices to the Brand are effective when sent to the email address in the Account or posted to the Account's notice facility in the portal, whichever occurs first. The Brand shall keep the email address in the Account current. (c) DMCA notices are given as provided in the DMCA and Copyright Policy, to the designated agent at legal@aapawz.com.
14.3 Governing law. This document is governed by the laws of the State of Tennessee, without regard to its conflict-of-laws rules. Subject to the Dispute Resolution Policy, any proceeding arising out of this document shall be brought in the state or federal courts located in Shelby County, Tennessee, and the parties consent to personal jurisdiction there.
14.4 Severability. If any provision of this document is held unenforceable, the provision shall be enforced to the fullest extent permitted, and the remaining provisions continue in full effect.
14.5 No third-party beneficiaries. This document is for the benefit of the Company and the Brand only and confers no rights on any other person, except as Article 10 provides for the Company's members, managers, employees, and agents.
14.6 Entire agreement. This document, together with the documents it incorporates by reference, is the entire agreement between the Company and the Brand for the subject it governs and supersedes every prior or contemporaneous statement, communication, or agreement on that subject, whether written or oral.
14.7 Assignment. The Brand shall not assign this document or any right or obligation under it without the Company's prior written consent, and an assignment without consent is void. The Company may assign this document to an affiliate or in connection with a sale of all or part of its business, on notice to the Brand.
14.8 Waiver. A waiver of any provision of this document is effective only in writing and only for the instance stated. No waiver is a waiver of any other provision or instance.
14.9 Interpretation. Headings are for convenience only. "Including" means "including without limitation." This document shall not be construed against a party as its drafter. The English-language text controls over any translation.
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