Effective Date: October 15, 2026 Version: 1.0 Applies to: All brand owners who file complaints under the brand program, in respect of listings offered through the Platform.
Article 1: Introduction and Scope
1.1 This document governs brand complaints: what a complaint shall contain, the evidence a Brand shall supply, the answer an affected Seller may give, the Company's decision and its timing, emergency suppression, and the consequences of repeated upheld complaints. It states the Brand's rights and duties as complainant and the Company's duties to the Brand and to the affected Seller.
1.2 The Company decides every complaint. A complaint is an assertion supported by evidence; it is not an instruction, and the filing of a complaint does not itself suppress a listing except as Article 5 provides for emergency suppression. Neither the Brand nor the Seller decides the outcome.
1.3 A complaint that alleges copyright infringement is governed by the DMCA and Copyright Policy, including its notice and counter-notice procedure, and a complaint under this document does not substitute for a notice under that document where copyright is the right asserted. A Seller's duties in respect of a complaint, and the Seller's appeal rights, are governed by the governing Seller documents, including the Intellectual Property Policy (Sellers) (Intellectual Property Policy (Sellers)) where intellectual property is asserted. This document does not restate a Seller's duties.
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.
Article 2: Definitions
2.1 Account: the account a person or business establishes with the Company to use the Platform.
2.2 Brand: a brand owner: a person or business that owns or controls a brand registered in the Brand Registry.
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 Complaint: a Brand's written assertion, filed through the Brand Portal or the channel the Company designates, that specific listings violate the Brand's rights or the rules of the brand program.
2.6 Counter-Notice: an affected Seller's written answer to a Complaint, stating the Seller's authorization evidence, sourcing records, or legal basis for the listing.
2.7 Expedited Handling: the shortened decision period available to a Brand with a sustained record of accurate complaints, as governed by the Brand Portal Terms.
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 Strike: a record entered against a Seller's account when a Complaint alleging intellectual property infringement or counterfeiting is upheld against that Seller, as Article 7 provides.
Article 3: Filing a Complaint
3.1 A Complaint shall state, for each listing complained of: (a) the brand; (b) the specific listing, identified by its address or listing identifier; (c) one stated basis: unauthorized selling, counterfeiting, a minimum advertised price violation, a content violation, or intellectual property infringement; and (d) the evidence for that listing on that basis, such as the authorization record, the applicable price schedule with the observed price, an authentication record, or the registration certificate for the right asserted.
3.2 A Complaint that does not identify specific listings, or that asserts a basis in general terms without listing-level evidence, is not accepted for review. The specificity requirement is substantive: the Company decides complaints listing by listing, and a Complaint that names no listing presents nothing to decide.
3.3 A Complaint alleging intellectual property infringement shall additionally state: (a) the complainant's authority to act for the rights holder; (b) the work, mark, or other right asserted; and (c) a statement, made under penalty of perjury, that the complainant holds a good-faith belief that the use complained of is not authorized by the rights holder, its agent, or the law. A false statement under this clause exposes the complainant to liability at law in addition to measures under Article 8.
3.4 The Brand shall file a Complaint only on facts the Brand believes, on the evidence the Brand holds, to be true. A Complaint filed on facts the Brand knows to be false is a violation of this document and of the Brand Portal Terms.
3.5 The Company shall acknowledge receipt of a Complaint within two (2) business days, with a reference by which the Brand may follow the Complaint. An acknowledgment records receipt; it is not a decision and creates no presumption on the merits.
3.6 The Brand shall keep the Complaint, the evidence supplied, and the Company's decision for three (3) years, and shall produce them in an investigation under Article 9.
Article 4: Notice to the Seller and the Counter-Notice
4.1 The Company shall notify an affected Seller of a Complaint, identifying the listings, the basis stated, and a summary of the evidence, and the Seller has ten (10) business days from that notice to file a Counter-Notice. A Counter-Notice may state the Seller's authorization, produce sourcing invoices, or state another legal basis for the listing.
4.2 The Company decides a Complaint on the Complaint and the Counter-Notice together. A Counter-Notice is not a formality, and evidence in a Counter-Notice that answers the Complaint shall be weighed in the decision.
4.3 Where a Seller files no Counter-Notice within the period in clause 4.1, the Company shall decide the Complaint on the evidence filed. Silence does not cure a defective Complaint: a Complaint that is deficient on its face: no listing identified, no evidence supplied: fails on its own terms regardless of the Seller's silence.
4.4 The Brand shall not contact a Seller to demand removal of a listing as a substitute for this procedure, and shall not represent a Complaint as a Company finding before the Company has decided. Communications between a Brand and a Seller about a pending Complaint take place through the record of the Complaint.
Article 5: Emergency Suppression
5.1 Where a Complaint alleges counterfeiting in a category that presents a risk to the safety of a person or an animal: including ingestible Products, topical Products, and electrical Products: the Company may suppress the listings complained of pending its decision, before the Counter-Notice period expires.
5.2 The Company shall notify the affected Seller of an emergency suppression within twenty-four (24) hours, stating the basis and the safety ground relied on. The Seller may file a Counter-Notice immediately, and the Company shall decide the Complaint on an expedited basis where suppression under this Article is in effect.
5.3 Emergency suppression is reversible and is not a finding. Where the Counter-Notice or the Company's review establishes that the Products are genuine, the Company shall restore the listings and record no finding against the Seller.
5.4 Emergency suppression is available only on the safety ground stated in clause 5.1. A pricing, content, or ordinary authorization Complaint does not support suppression before decision.
Article 6: The Decision
6.1 The Company shall decide a Complaint within fourteen (14) business days after the Counter-Notice period expires, or within five (5) business days for a Brand entitled to Expedited Handling.
6.2 The outcomes available are: (a) upheld: the listings are suppressed or removed and a finding is recorded; (b) rejected: the listings are restored or remain live and no finding is recorded; or (c) divided: the Complaint is upheld for some listings and rejected for others, each on its own evidence.
6.3 A decision shall state reasons at listing level: for each listing, the basis decided, the evidence accepted or rejected, and the outcome. A decision that upholds a Complaint for multiple listings without listing-level reasons does not satisfy this Article.
6.4 The Company shall give the decision in writing to the Brand and to the affected Seller, with the appeal path stated. For the Brand, a rejection shall state the deficiency in the Complaint: the evidence that was missing or insufficient: because the rejection forms part of the Brand's complaint accuracy record under the Brand Portal Terms.
6.5 A decision under this Article decides the Platform measure only. It is not a judgment on ownership or validity of a right, which a court alone decides, and the Company shall not represent a decision as such a judgment.
Article 7: Repeat Infringement
7.1 Three (3) Strikes against the same Seller within three hundred sixty-five (365) days result in termination of that Seller's account under the governing Seller documents. A Strike arises only from an upheld Complaint alleging intellectual property infringement or counterfeiting; a minimum advertised price or content Complaint, however often upheld, does not create a Strike.
7.2 A Strike attaches to the Seller account that held the listings. A Strike does not transfer to a business that acquires that Seller's business; the acquiring business is a distinct party, and its account begins without the Strike, subject to the authorization requirements that apply to it in its own right under the Authorized Seller Policy.
7.3 One Strike is cleared from a Seller's record on the completion of twelve (12) consecutive months without an upheld Complaint of a kind described in clause 7.1. Only one Strike is cleared for each such period.
7.4 The Company shall state a Seller's current Strike count in every decision that adds a Strike, so that the count is never in doubt between the Company and the Seller.
7.5 The Brand's part in this Article is accuracy. A Brand that files complaints that are repeatedly rejected, or that files a complaint the Brand knows to be false, is dealt with under Article 8 and the Unauthorized Seller Enforcement Policy; the repeat-infringement rule is a protection for rights holders and Buyers, not an instrument against lawful Sellers.
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. No fee is charged for filing a Complaint except as stated in that document.
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; (c) the Brand's violation of any law or of the rights of any person, including a claim arising from a Complaint the Brand filed without authority, on false facts, or in breach of the statement in clause 3.3; 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 knowingly false Complaint is fraud for the purposes of this Article.
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 Expedited Handling and complaint privileges; (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, and may appeal the rejection of a Complaint, by written notice to legal@aapawz.com within thirty (30) days of the measure or decision, stating the grounds and attaching the records relied on. The appeal is decided by a person who did not make the original decision, on the record of the Complaint, the Counter-Notice, and the evidence, together with evidence the appellant shows could not have been produced earlier. 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 decision is governed by the governing Seller documents.
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 registers a brand in the Brand Registry 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.
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 Complaint 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, 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. A Complaint pending at termination is decided under this document notwithstanding termination.
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.
Related articles