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eCampus.com Marketplace Seller Agreement

eCampus.com Marketplace Seller Agreement

Last modified 06/24/2015.

THE FOLLOWING DESCRIBES THE TERMS AND CONDITIONS ON WHICH A BOOK COMPANY, LLC DBA ECAMPUS.COM OFFERS YOU ACCESS TO OUR SERVICES.

Overview.

1.1. Introduction. Welcome to eCampus.com (the "Site"), and the online buying and selling community provided by the eCampus.com Marketplace ("the Marketplace" or "we"). This Marketplace Seller Agreement (this "Agreement") sets forth the terms and conditions that apply to selling products on the Marketplace. By accepting this agreement upon registration as a Seller, you accept the terms and conditions of this Agreement and willingly choose to become a member of this Site.

1.2. Modification. eCampus.com reserves the right to modify this Agreement and said revisions will be effective immediately. All Marketplace Sellers will be notified about revisions to the Agreement and continued use will constitute acceptance of the revised Agreement by the Seller.

1.3. Additional Policies. All related Marketplace policies are available in the appendix of this agreement. This Agreement includes by reference the following policies:

Appendix A. Marketplace Product Pricing Policy

Appendix B. Marketplace Product Quality Rating Policy

Appendix C. Marketplace Shipping Policy

Appendix D. Marketplace Seller Payment Policy

Appendix E. Marketplace Seller Rating Policy

Appendix F. Marketplace Buyer Protection Policy

How to Become a Marketplace Seller.

2.1. To become a Seller on the Marketplace, you must be at least 18 years old and a legal resident of the United States of America.

2.2. To deter fraud, all Sellers are required to become registered members of the Site. To register, you must provide your legal name, address, phone number and active email address as well as your financial information. Financial information is used for identity verification and to issue payment via direct deposit. Your personal registration information is kept private according to the eCampus.com Privacy Policy. By accepting this Agreement, you authorize the Marketplace and its agents to make necessary inquiries to establish the validity of your user information. This may take the form of a credit check, credit card authorization and/or some form of address verification.

2.3. When you become a Seller on the Marketplace, eCampus.com allows you to create a username and password that gives you access to privileges available only to registered users of the Marketplace. Again, all personal information is kept private in accordance with the eCampus.com Privacy Policy. However, outside eCampus.com, it is your responsibility to keep your username and password secure in order to protect yourself. You are solely responsible for any actions taken under your username and password.

2.4. In order to provide a timely and efficient service to our customers, we require that every Seller's "Ship From State" is within the Contiguous United States. The Contiguous United States consists of the 48 adjoining U.S. states plus Washington, D.C. (federal district), on the continent of North America. The term excludes the non-contiguous states of Alaska and Hawaii and all off-shore United States territories and possessions, which include American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands.

How to List an Item as a Seller.

3.1. After completing the Seller registration process, Sellers are given access to their eCampus.com Marketplace account. Within the account the Seller has the ability to edit account information, view and confirm orders, upload and manage inventory, view payment details and monitor their performance. The Seller should navigate to the Inventory tab of the account to get started with listing their items. Small businesses and individual sellers will add their inventory manually with the single upload tool within the Inventory tab of the account. If the Seller is a Volume Seller they will click through the Request FTP Account link within the Inventory tab of the account. When listing the item(s), the Seller assigns a price and describes the quality of each item in accordance with the Marketplace Product Pricing Policy and the Marketplace Product Quality Rating Policy. As a Seller, you agree to sell your listed items at the prices you set and to provide complete and accurate descriptions of the condition of the items listed for sale.

How Marketplace Products are Sold.

4.1. All Marketplace Seller items are listed on the related product detail page on the Site. If a customer identifies a Marketplace offer that he or she finds acceptable, he or she can add the Marketplace product to his or her shopping cart, and proceed with making the purchase through the standard Site checkout process.

4.2. Upon completion of the checkout process, the Seller becomes a supplier to eCampus.com, who is purchasing the Seller’s product for resale to the customer.

Seller's Confirmation of the Offer.

5.1. Sellers will receive email notification of completed sales of their listed products as customer orders are completed. The Seller must then confirm the sale by logging in to their Marketplace seller account and selecting the confirm button for each pending sale, or the Seller may confirm the sale via FTP data file feeds by entering {0} to cancel or {1} to confirm in the “Action” column. The Seller has up to five (5) business days to confirm pending sales. Any sales not confirmed within five (5) business days will automatically cancel. It is therefore imperative that the Seller monitor his or her listed email address regularly so as not to lose the opportunity to sell his or her item.

5.2. The Seller is required to ship the item(s) directly to the customer within one (1) business day of confirmation. Seller is required to provide a tracking number to the Marketplace as confirmation the shipment has been made. The tracking number can be provided in the Seller account while confirming the order or via FTP data file feeds in the Tracking Number column.

5.3. If the Seller refuses to sell or fails to confirm within five (5) business days, then the order is automatically cancelled.

Completing the Sale Transaction.

6.1. After confirmation is received that the Seller has shipped an item, the Seller’s account will be credited in accordance with the Marketplace Product Pricing Policy for the item sold. The Seller is paid by eCampus.com in accordance with the Marketplace Seller Payment Policy.

6.2. In the event that the customer did not receive the shipped product, or the customer is dissatisfied due to the product received not matching the description or condition indicated in the Seller’s product listing, we recommend to the customer that he or she contact the Seller directly through email. Once contacted through email, the Seller has two (2) business days to respond to the customer. In the event that the Seller has not responded to the customer's email within that time frame or their response did not reach a desired resolution, the customer will pass this information along to the eCampus.com Customer Service department, which will provide an unbiased resolution as they see fit according to this Agreement. As a Seller, you should review the Marketplace Buyer Protection Policy (see Appendix F herein).

6.3. After the sale has been completed, an email will be sent by eCampus.com to the customer in which we ask the customer to provide feedback on the Seller according to our Marketplace Seller Rating Policy. We will make all feedback provided by customers available to all visitors and members of the Site.

6.4. Each Seller will have the ability to view their 3 month fill rate and Lifetime fill rate in their Seller account under the Performance tab. A Seller’s fill rate is calculated on the total number of orders minus cancelled and refunded orders divided by the total number of orders. (e.g. If a seller receives a total number of 100 orders and 5 of those orders are cancelled and 5 of the orders are refunded, that seller would have a 90% fill rate.) Fill rates (3 month and lifetime) below 85% are considered below the standards that the Marketplace holds each Seller to. The Marketplace reserves the right to place any Seller account on temporary or permanent hold for not meeting and maintaining our fill rate standard of 85% or higher.

Your Relationship to eCampus.com.

7.1. Permission. As a Seller, you grant eCampus.com permission to make a direct deposit to your checking account, send a check to you via US Postal Service and/or charge your credit card for disputes resolved against you.

7.2. Grant of License. In order to promote and facilitate the purchase of items you list for sale on the Marketplace, anything you provide us with which to promote and sell your items for sale can be used royalty-free and/or modified as eCampus.com and associates see fit without any prior consent.

Prohibited Items.

8.1. Pornographic Materials. You agree not to list, sell or buy any pornographic or obscene materials through the Site, whether directly or indirectly.

8.2. Illegal Activity. You agree not to use this Site for unlawful purposes, to abide by all relevant local, state and federal laws, and not to register under a false name or use fraudulent financial information.

8.3 Stolen Property. The sale of stolen property is absolutely forbidden on the Marketplace. eCampus.com will actively assist law enforcement officials in their efforts to recover stolen property that may be listed for sale on this Site.

8.4 Promotional or Extraneous Materials. The customer's name and address is provided for the sole purpose of shipping the item(s) purchased and may not be used for any other purpose. You agree not to separately contact a customer beyond the shipment of purchases through the Marketplace, unless the customer initiates communication pursuant to the Marketplace Buyer Protection Policy in order to resolve an issue with their purchase.

Results of Violations to the Agreement.

9.1. Investigations. In the event of complaints or violations, we may conduct an extensive investigation. You agree to cooperate fully and without reservations with such investigations.

9.2. Violations, Termination and Suspension. We may suspend or end your access to this Site, and remove your listed items if you (a) violate this Agreement; (b) do not cooperate with an investigation of a reported violation; (c) we are unable to verify your personal and/or financial information; or (d) we believe you are involved in illegal activity. Payments due to you may be suspended while an investigation takes place. We are not obligated to pay you for any sale if we have good reason to believe the items sold were in violation of this Agreement.

9.3. Disclosure of Information. Unlawful conduct may be reported to law enforcement officials in accordance with the eCampus.com Privacy Policy, and, as previously stated, we will cooperate fully in order to insure prosecution of offenders.

9.4. Making Adjustments. You authorize us to withhold payment for any money owed to eCampus.com if one of the following situations is true: (a) a sale is canceled for any reason; (b) a cancellation or refund is issued according to our Marketplace Buyer Protection Policy; (c) we have reason to believe you committed an illegal act during the buying or selling process; or (d) you owe us a specific amount for any sale made through your Seller account.

Your Warranties to the Marketplace.

10.1. For all items you list as a Seller, you guarantee that your item descriptions and quality ratings accurately represent the condition of items offered for sale.

10.2. You guarantee that the information you provide us and other members is accurate, legal, contains nothing that can be interpreted as pornography, does not violate copyright law, and contains no viruses and/or other destructive electronic devices. Items must be listed by the ISBN printed on the product by the publisher. An item may not be listed if it is described in a "materially different" way from its ISBN product information, except as it applies to the quality of the item. An item is considered “materially different” if the ISBN is in any way different from the ISBN product information listed on eCampus.com. Some types of material differences include but are not limited to: international editions; softcover books listed under hardcover ISBNs/editions; pdf files; scanned textbooks; instructor/teacher editions; instructor solutions manuals; test banks; solutions manuals with no ISBN; older editions listed under newer ISBNs, book club editions; uncorrected proofs; advanced reading copies of books; and out of print books with no ISBN.

10.3. You agree to indemnify the Marketplace and all its associates guiltless against all cost and expenses incurred by the Site and its associates that arise from any claim by third parties related to your actions or omissions.

Warranty.

11.1. The Marketplace provides its services on an "as is" basis and makes no warranties of any kind.

11.2. The Marketplace claims no responsibility for any damages which may result from the purchase, sale, distribution or use of items sold through the Marketplace.

11.3. The Marketplace’s liability, and the liability of our suppliers, to you or anyone else in any circumstance is limited to the greater of (a) $100, and (b) the total dollar amount of all fees you have paid to us in the 12 months prior to the action allegedly giving rise to liability.

11.4. You agree that the Marketplace is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold the Marketplace and its associates guiltless against all liabilities that may arise out of any third party or governmental claim that concerns (a) any federal, state or county tax obligation, (b) any dispute concerning the tax status of a Marketplace member as a reseller of books or other items.

11.5. eCampus.com reserves the right at any time to modify or discontinue, temporarily or permanently, the Site or any part of the Site with or without notice.

We own the Intellectual Property Rights to our Site.

12.1. You agree that anything with a trademark, patent or service mark is the property of ours and ours alone and you will refrain from using the same in any way that could be considered illegal by the United States Patent and Trademark Office.

12.2. Copyright (c), A BOOK COMPANY, LLC. The Marketplace is the property of a Book company llc and is protected by U.S. and international copyright, trademark and other laws. The assemblage of all content on the Site is the exclusive property of A BOOK COMPANY, LLC and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Site is strictly prohibited.

Additional Terms of this Agreement.

13.1. Notices. Except when stated otherwise, all notices to the Marketplace shall be sent to the email addresses provided on the Site (e.g., sellbooks@ecampus.com). Our street address is 2373 Palumbo Drive, Lexington, Kentucky, 40509. Except when stated otherwise, all notices to the Seller shall be sent to the email address provided during the registration process.

13.2. Governing Law; Arbitration. The law of the Commonwealth of Kentucky, U.S.A, shall govern this Agreement. Together, we agree that one arbitrator in binding arbitration, to be held in Fayette County, Kentucky, U.S.A., under the then-current rules of the American Arbitration Association, shall settle any dispute between us concerning execution or breach of this Agreement. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to $1000.00 (USD).

13.3. Responsibility for Taxes. The Marketplace is a venue only and is not responsible for the collection or remittance of any state and/or local sales taxes. We reserve the right, however, to collect sales tax for purchases on behalf of the Commonwealth of Kentucky and to require tax identification numbers from Sellers. Otherwise, Sellers are responsible for all tax related issues that may arise.

13.4. Miscellaneous. This Agreement contains all the contractual obligations between the Marketplace and its members and supersedes any other prior agreements. No amendments are valid unless they are made in accordance with the terms of this Agreement. This Agreement cannot be transferred without the consent of the Marketplace.

Appendix A. Marketplace Product Pricing Policy

The Marketplace allows you to set your own price for your inventory and you may change the price of any item at any time. Your Seller account balance will be credited for 85% of the selling price for each product sold. Your account will also be credited for a shipping reimbursement for each completed order. For each order shipped via standard shipping a $3.97 shipping reimbursement will be credited, and for each order shipped via expedited shipping a $6.99 shipping reimbursement will be credited.

eCampus.com reserves the right to change their commission rate and/or shipping reimbursement at any time. Sellers will be notified in advance if eCampus.com plans to implement changes to commission rates and/or shipping reimbursements.

Please note: eCampus.com promotes its entire inventory, including Marketplace items, on partner sites. Should you wish to change the price of an item once it is listed, it may take up to 24 hours before the price change is reflected on eCampus.com and its partner sites. In the event that you change the price of an actively listed item and the item sells at the previously listed price (that is, before the pricing update has taken place), your seller balance for that item will be determined according to the previously listed price. In such an event, you can still cancel the order within your seller account rather than sell the item for the previously listed price.

Appendix B. Marketplace Quality Rating Policy

It is important that the quality of your items is properly represented. Customers will be making purchasing decisions based on the quality ratings you provide. To ensure customer satisfaction as well as positive feedback ratings, please rate the condition of each item honestly. If the quality of an item is misrepresented, the Marketplace reserves the right to issue a full refund to the customer as stated in our Marketplace Buyer Protection Policy and take the sale amount from your seller account balance. The following are guidelines to be used by Sellers to rate the quality of their items:

New: Brand new, unused and unread copy in perfect condition.

Like New: Appears to be brand new and in perfect condition. Spine shows no signs of creasing and pages contain no highlighting and/or writing.

Very Good: Shows signs of light use but the cover is still clean with no signs of damage. All pages are intact and contain no highlighting and/or writing.

Average: Used condition and shows signs of normal wear, including bent corners and/or pages. Pages may contain minimal amounts of highlighting and/or writing.

Fair: Books are still in usable condition but cover may show signs of minor damage and pages may contain heavy highlighting and/or writing.

Some books are unable to be listed on the Marketplace if they are in poor condition:

Books are considered unacceptable if they are moldy, water damaged and /or unclean in any way. Books with severely damaged covers, spines and/or pages are not acceptable. Books with missing covers and/or pages are not acceptable.

Appendix C. Marketplace Shipping Policy

Processing and Confirming Orders

Confirming and filling orders is the most important thing a Seller can do to keep their account in good standing with the Marketplace and to ensure positive customer feedback is received.

You will receive an email from the Marketplace for every pending order you receive. When you receive this email you have up to five (5) business days (excluding weekends and holidays) to confirm the sale. To confirm the sale, you must log in to your account and input valid tracking information to confirm or if you are a volume seller, you will need to send a confirmation file confirming the order and providing valid tracking information.

If an order is not confirmed within the specified amount of time, the order will be cancelled and a full refund will be issued to the customer. If an order is cancelled, you will not receive payment for the sale.

Packing Orders

Carefully packing your orders helps prevent damage to the book while in transit and ensures that the book arrives in the same condition that you originally listed it in.

We provide you with an address label on the order confirmation page that contains the customer’s shipping address. You may print this and attach it to the package, or use your own labels. When packing the order, securely wrap the items with a protective material, such as bubble wrap, crumpled newspaper or cardboard. Ship the order in a sturdy box or bubble envelope in order to prevent damage during shipping.

Shipping Orders

You may ship the order using any shipping carrier you like as long as they provide a tracking number with your shipment. Be sure to keep records of all tracking numbers as you will need the tracking number to confirm the order in your Seller account and you may need it as proof of shipment in the event a shipment is lost in transit.

After shipping the order, log in to your Seller account and enter the tracking carrier and tracking number to confirm the order.

For protection against loss in the event of a dispute, we highly recommend that Sellers insure their shipments. If the Marketplace must refund the customer in the case of a damaged or lost package, the amount of the sale will be deducted from your seller account balance. If the account balance is not sufficient to cover the deduction, your credit card may be charged for the amount of the sale. The Marketplace will not reimburse sellers for losses resulting from damaged or lost packages. Claims should be filed separately between the Seller and the shipping carrier if this situation occurs.

Appendix D. Marketplace Seller Payment Policy

Seller Payment Guidelines

Sellers are eligible for payment once and order is confirmed and valid tracking information is provided. Seller payments are issued twice a month via direct deposit. In the event your direct deposit information was entered incorrectly and is rejected by your financial institution, we will issue a paper check and mail payment to the address on file within your seller account. In the event your direct deposit information was rejected, you will need to update your direct deposit information in your seller account to remain in “Active” status on the Marketplace. We will only issue a paper check payment to you once as a courtesy.

Seller Payment Schedule

Payment for orders shipped between the 1st and 15th, will close on the 1st of the following month. You can expect your payment to be issued via direct deposit within five (5) business days after the pay period has closed.

Example: For an order shipped on April 6th, payment will be issued within five (5) business days of May 1st.

Payment for orders shipped between the 16th and the last day of the month, will close on the 16th of the following month. You can expect your payment to be issued via direct deposit within five (5) business days after the pay period has closed.

Example: For an order shipped on April 18th, payment will be issued within five (5) business days of May 16th.

Seller Account Balance Adjustments

As outlined in our User Agreement, the Marketplace reserves the right to make adjustments to the Seller's account balance in the event of a refund, dispute and/or fraud. By agreeing to our User Agreement and its incorporated policies, you agree to allow the Marketplace to make these adjustments.

Chargebacks and Disputes

As a Seller you agree to be responsible for all chargebacks and/or disputes filed for service-related reasons, such as material difference in the merchandise and non-receipt of an item. If eCampus.com is notified of a chargeback and/or dispute, the Marketplace will investigate the claim and provide the credit card issuer the order and tracking information the Seller provided to eCampus.com for the sale in question. If valid tracking information has not been provided to the Marketplace during the order confirmation process the credit card issuer will automatically rule against the Seller in the event of a dispute. The credit card issuer's decision is final. If you are ruled against, there is no recourse to appeal the decision and all funds for the transaction will be debited from your next payment and/or charged to the credit card linked to your Seller account.

Appendix E. Marketplace Seller Rating Policy

After completing a Marketplace purchase, customers have the option to leave feedback for the Seller they purchased from for up to ninety (90) days after the date of purchase. Customers have the option to rate their buying experience from 1 to 5 stars as well as leave comments that the seller can respond to. The following scale applies to our starred feedback ratings:

5 Stars - Excellent
4 Stars - Very Good
3 Stars - Good
2 Stars - Fair
1 Star - Poor

All ratings and comments are visible to future customers so we ask our customers to provide clear, constructive feedback that will be helpful to other customers, not personal comments regarding the Seller. The Marketplace is not legally responsible for the remarks that a customer may post on the Site, even if those remarks are defamatory.

The Marketplace offers the seller feedback option as a place where customers can express their own opinions regarding their purchasing experience, and the Marketplace will not censor these opinions or investigate the remarks for accuracy. Below are the limited circumstances when the Marketplace may remove ratings:

  • If the rating contain links of any kind.
  • If the rating contains profane and/or vulgar language or adult material. Inflammatory language such as fraud, liar, cheater, scam artist, con man, etc. is strongly discouraged.
  • If the rating contains personal identifying information about a member, including real name, address, phone number and/or email address.
  • If the rating makes reference to an eCampus.com or law enforcement organization investigation, i.e., "eCampus.com is investigating this person".
  • If eCampus.com is provided with a valid court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal, or with a settlement agreement resolving such a lawsuit submitted by both attorneys and signed by both parties, eCampus.com will remove the disputed feedback. eCampus.com will also accept a ruling from a certified dispute resolution service if a signed settlement agreement, overseen by the certified dispute resolution service, is submitted.

Appendix F. Marketplace Buyer Protection Policy

Please see: Buyer Protection Policy