Effective Date: October 15, 2026 Version: 1.0 Applies to: All Sellers who offer Products or Services through the Platform.
Article 1: Introduction and Scope
1.1 This document states the duties of a Seller in respect of trademarks: the prohibited uses of another person's mark, the accuracy of the brand attribute on each listing, the limits of a permitted reference to a brand, and the interaction between trademark duties and brand authorization. It binds every Seller who offers Products or Services through the Platform.
1.2 Trademark rights and brand protection at the platform level are governed by the Trademark and Brand Protection Policy. The general duties of a Seller in respect of intellectual property are stated in the Intellectual Property Policy (Sellers) (Intellectual Property Policy (Sellers)), which incorporates the Intellectual Property Policy. This document states the trademark duties specific to Sellers and does not restate the platform instrument.
1.3 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 Seller 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. Trademark law controls over this document where the two conflict.
Article 2: Definitions
2.1 Account: the account a person or business establishes with the Company to use the Platform.
2.2 Brand Attribute: the field on a listing that states the manufacturer brand of the Product listed.
2.3 Buyer: a person who purchases Products or Services through the Platform.
2.4 Company: All About Pawz, LLC, a Tennessee limited liability company.
2.5 Order: a Buyer's purchase of Products or Services through the Platform, accepted in accordance with the Order Formation and Acceptance Policy.
2.6 Platform: the websites, applications, and services the Company operates under the name All About Pawz, including aapawz.com.
2.7 Products: goods offered for sale through the Platform.
2.8 Seller: a person or business the Company has accepted to offer Products or Services through the Platform.
2.9 Services: services offered through the Platform, including grooming, veterinary, pharmacy, and fulfillment services, as applicable.
2.10 User Content: content a User submits to the Platform, including listings, reviews, photographs, and messages.
Article 3: Prohibited Trademark Uses
3.1 A Seller shall not sell a Product that bears a trademark the Seller is not authorized to use. A Product that bears a mark without authorization is a counterfeit Product for enforcement purposes and is governed by the Counterfeit Policy for Sellers.
3.2 A Seller shall not use another person's trademark in a listing title, description, or search term to divert traffic to the Seller's listing. A reference that presents the Seller's Product as the branded Product, or that is included to capture searches for the branded Product rather than to describe the Seller's Product truthfully, violates this Article and, as applicable, the Product Title Policy and the Search Manipulation Policy stated in the Selling Terms of Service.
3.3 A Seller shall not use branding, packaging, or trade dress that is confusingly similar to another person's mark or trade dress, including a mark that differs by a single character, a logo that reproduces the color arrangement and layout of a known brand, or packaging that reproduces a known brand's distinctive presentation closely enough to confuse a Buyer. The standard is likelihood of Buyer confusion, not the Seller's intent.
Article 4: The Brand Attribute
4.1 The Brand Attribute on each listing shall state the actual manufacturer brand of the Product. A false Brand Attribute is trademark infringement under this document and a listing accuracy violation under the Selling Terms of Service.
4.2 A Seller shall state "Unbranded" or an equivalent designation only where the Product genuinely has no brand. A Seller shall not list a generic Product under a brand name, and shall not list a branded Product as unbranded to avoid a gating requirement under the Brand Gating Policy (Sellers) (Brand Gating Policy (Sellers)).
4.3 A Seller that has a Product manufactured for the Seller and branded with the Seller's own mark shall list the Product under that mark. For the purposes of the Brand Registry Policy, such a Seller is the brand owner of that mark and may enroll the mark as provided in that document.
Article 5: Permitted Reference to a Brand
5.1 A Seller may name a brand to state compatibility, where the reference is truthful, is not confusing, and uses no more of the mark than is necessary to state the compatibility: for example, a statement that a part fits a named brand's carrier or that a filter replaces a named brand's filter.
5.2 A permitted reference does not include: (a) a statement that the Seller is an authorized reseller of the brand, where the Seller is not authorized; (b) a quality claim that presents the Seller's Product as equivalent to the branded Product by use of the mark; or (c) use of the brand's logo or artwork on the Seller's packaging, listing images, or storefront. A compatibility statement is made in words; the brand's artwork is not used.
5.3 Search terms and keyword fields that are not visible on the listing are subject to the same standard as visible text. Inclusion of a competitor's brand in a hidden keyword field to capture that brand's search traffic is a violation of clause 3.2.
5.4 A Seller's storefront name and business display name shall not incorporate another person's trademark in a manner that implies affiliation, authorization, or endorsement that does not exist.
5.5 A Seller that is uncertain whether a proposed use is permitted under this Article shall request guidance from the Company before listing. The Seller bears the risk of a use made without guidance.
Article 6: Authorization and Trademark Use
6.1 For a gated brand, authorization under the Brand Gating Policy (Sellers) (Brand Gating Policy (Sellers)) is the authority for the Seller to use the brand's mark in a listing for that brand, to the extent the listing requires: in the Brand Attribute and in a truthful description of the Product. That authorization does not extend to use of the mark on the Seller's storefront, in advertising, or on packaging, unless the brand owner separately grants that use.
6.2 Where a brand owner reports a trademark violation concerning a Seller that holds authorization for the brand, the Company shall check the Seller's authorization first. A report that does not take account of a subsisting authorization is not sustained, and the outcome is recorded against the reporter's accuracy record under the Brand Registry Policy (Sellers) (Brand Registry Policy (Sellers)).
6.3 A Seller that loses authorization for a gated brand and continues to use the mark in a live listing commits a separate violation for each day the listing remains live after the loss of authorization.
Article 7: Notices and Responses
7.1 The notice, takedown, counter-notice, and repeat-infringer procedure for trademark complaints is governed by the Intellectual Property Policy (Sellers) (Intellectual Property Policy (Sellers)). A Seller that receives a trademark complaint shall comply with the response duties stated there, including the duty to respond within the period stated in the notice and in any event within ten (10) business days.
7.2 Trademark findings count toward the three-Strike repeat-infringer rule in the Intellectual Property Policy (Sellers) (Intellectual Property Policy (Sellers)).
Article 8: Fees
8.1 A fee is payable under this document only if the fee is stated in the Seller Fee Schedule. No other charge of any kind is payable, and the Company shall not impose a fee that the schedule does not state.
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 Seller 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 Seller 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 Seller 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 Seller's breach of this document; (b) the Seller's Products, Services, listings, or User Content; (c) the Seller's violation of any law or of the rights of any person, including trademark infringement by the Seller; (d) product liability, intellectual property infringement, and product recall costs arising from the Seller's Products or listings; and (e) taxes for which the Seller is responsible under this document.
10.2 Procedure. The Company shall give prompt written notice of a claim under this Article. The Seller shall control the defense with counsel reasonably acceptable to the Company. The Company may participate in the defense at its own expense. The Seller 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 Seller shall cooperate with an investigation and shall produce the records this document requires the Seller to keep.
11.2 Notice. If the Company determines that the Seller 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 Seller 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.
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; (e) terminate this document and the Account; and (f) exercise any other right or remedy available under this document or at law. Removal of a listing on a valid trademark notice is governed by Article 7.
11.5 Disbursement hold. The Company may hold disbursements to the Seller while an investigation under this Article is pending, and shall release amounts not required to satisfy the Seller's obligations when the investigation closes.
11.6 Appeal. The Seller 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.
11.7 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 Seller is accepted to offer Products through the Platform 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 Seller materially breaches this document, engages in fraud, or becomes ineligible to participate.
12.3 Termination by the Seller. The Seller may terminate this document on thirty (30) days' written notice to support@aapawz.com, provided the Seller has no Order, booking, or investigation outstanding.
12.4 Effect of termination. On termination: (a) the rights granted under this document end; (b) obligations that arose before termination: including payment, refund, chargeback, record-keeping, 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 Seller at the email address in the Account. An amendment that materially increases the Seller'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 Seller does not accept an amendment, the Seller'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 Seller 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 Seller 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 Entire agreement. This document, together with the documents it incorporates by reference, is the entire agreement between the Company and the Seller for the subject it governs and supersedes every prior or contemporaneous statement, communication, or agreement on that subject, whether written or oral.
14.6 Assignment. The Seller 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 Seller.
14.7 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.
14.8 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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