Effective Date: October 15, 2026 Version: 1.0 Applies to: All Sellers, all rights holders who submit a trademark complaint, and all persons who access or use the Platform.
Article 1: Introduction and Scope
1.1 This document governs the use of trademarks and trade dress on the Platform, the prohibition on counterfeit goods, the authorization required to list a gated brand, the procedure for a trademark complaint and a counter-notice, and the evidence by which a Seller establishes that a good is genuine. It supplements the Intellectual Property Policy, which states the general intellectual property rules for the Platform.
1.2 A Seller who lists, sells, transmits, or displays infringing material bears liability to the rights holder for that infringement. That a Seller acted without knowledge, in good faith, or in reliance on a supplier does not defeat a finding that this document was violated, although the Company may take those circumstances into account in selecting a measure under Article 14, except for counterfeiting, which is governed by clause 4.2.
1.3 If a provision of this document conflicts with the Terms of Use, this document controls for the trademark subject it governs. If a provision of this document conflicts with the terms of a program in which a party 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, except as the preceding sentences provide.
Article 2: Definitions
2.1 In this document Account: the account a person or business establishes with the Company to use the Platform.
Brand Registry: the Company's record of brands subject to gating and of the Sellers authorized to list each such brand.
Company: All About Pawz, LLC, a Tennessee limited liability company.
Counterfeit Good: a good, including its packaging or labeling, that bears a trademark or trade dress identical to, or substantially indistinguishable from, a registered trademark, without the authorization of the rights holder, in a manner intended to deceive a consumer into believing the good is genuine.
Gated Brand: a brand recorded in the Brand Registry for which a Seller requires verified authorization before listing.
Materially Different Good: a good that differs from the version the rights holder authorizes for sale in the relevant market in a respect material to a consumer, including a missing warranty, altered packaging, or a missing safety seal.
Platform: the websites, applications, and services the Company operates under the name All About Pawz, including aapawz.com.
Seller: a person or business the Company has accepted to offer Products or Services through the Platform.
Services: services offered through the Platform, including grooming, veterinary, pharmacy, and fulfillment services, as applicable.
Site: aapawz.com and its subdomains.
Strike: a valid, unrebutted finding of trademark or copyright infringement against a Seller, as further stated in Article 10.
User: any person who accesses or uses the Platform, whether or not the person holds an Account.
Article 3: Authorized Use of a Trademark
3.1 A Seller may use a trademark only where the Seller sells a genuine good to which the mark lawfully applies, or as clause 3.2 permits.
3.2 Nominative use. A Seller may use a trademark to identify a genuine Product truthfully for compatibility purposes: for example, to state that a replacement part is compatible with an identified model of another brand: provided the use does not suggest sponsorship, endorsement, or affiliation with the trademark owner and does not create a likelihood of consumer confusion. A use that creates a likelihood of confusion is prohibited.
3.3 Resale of genuine goods. The resale of a genuine, lawfully acquired good is permitted. A good that is genuine but Materially Different falls outside that permission and its listing violates this document.
Article 4: Counterfeit Goods and Infringement
4.1 A User shall not list, sell, or facilitate the sale of a Counterfeit Good, and shall not list, sell, or display a good or content that infringes a trademark or trade dress of another person.
4.2 Counterfeiting receives no warning and no cure period. On a confirmed finding of counterfeiting, the Company may immediately terminate the Seller's Account, impose a permanent bar on the Seller's participation, hold funds to the extent required to satisfy Buyer refunds arising from the counterfeit sales, and refer the matter to law enforcement or to a brand protection organization.
4.3 Language such as "replica," "inspired by," or "compatible with" does not cure a violation of this article where the language is used to trade on the goodwill of a protected mark in a manner clause 3.2 forbids.
Article 5: Brand Gating and Authorization
5.1 The Company designates a brand as a Gated Brand where the brand presents an elevated risk of counterfeiting or unauthorized distribution. A Seller shall not list a Gated Brand unless the Seller is the registered trademark owner or an expressly authorized distributor of that brand and the authorization is recorded in the Brand Registry.
5.2 Authorization is established through the Company's brand authorization facility and is verified against an unredacted purchase order, a manufacturer authorization letter, or equivalent sourcing evidence. The Seller shall keep that evidence and produce it under Article 8.
5.3 Authorization is specific to one brand, one legal entity, and one stated period. Authorization for one brand confers no right in a related brand, and authorization held by one entity confers no right on an affiliated entity. On expiry of an authorization, the Company shall suppress the affected listings immediately. Renewal is the Seller's sole responsibility, and no grace period applies after expiry.
5.4 Brand gating and the authorization requirements of this article apply to third-party Sellers. The requirements do not apply to first-party inventory that the Company sources and ships through its authorized wholesale partners. A rights holder shall not use the complaint procedure in Article 7 or the Brand Registry to suppress the Company's first-party listing of the rights holder's genuine Product.
Article 6: Detection
6.1 The Company may use automated tools together with human review to detect an infringing listing, including image comparison, text analysis of titles, descriptions, and search terms, and review of pricing, sales velocity, and geographic origin against authorized distribution patterns for a high-risk brand.
6.2 A listing for a Gated Brand submitted without a recorded authorization is suppressed before publication. Suppression under this clause is a preventive measure, not a finding of infringement.
Article 7: Trademark Complaints
7.1 A rights holder or its authorized agent may submit a trademark complaint through the Company's brand reporting facility or to legal@aapawz.com. A valid complaint states: (a) identification of the registered trademark, including the registration number and jurisdiction where applicable; (b) identification of the specific listing or listings complained of and the exact nature of the infringing use, such as unauthorized use of a logo, a Counterfeit Good, or a Materially Different Good; (c) a statement of the complainant's authority to act for the rights holder; and (d) a declaration that the complaint is made in good faith and that the use complained of is not authorized.
7.2 The Company does not adjudicate a complex trademark dispute. On receipt of a facially valid complaint, the Company evaluates the claim for likelihood of confusion and for indicators of counterfeiting. Where the claim is substantiated, the Company shall expeditiously remove or suppress the listing and shall notify the Seller, stating the complaint reference and the specific grounds for the removal.
7.3 A complaint sent to support@aapawz.com or to another channel is not a complaint under this article. A formal trademark complaint shall be sent to legal@aapawz.com.
Article 8: Counter-Notice and Evidence of Authenticity
8.1 A Seller who believes a removal under Article 7 was mistaken: because the Seller holds valid authorization, or because the goods are genuine and materially identical to the authorized version: may submit a counter-notice to legal@aapawz.com, accompanied by the evidence clause 8.2 requires.
8.2 Evidence of authenticity consists of supplier invoices that meet each of the following requirements: (a) issued within the last three hundred sixty-five (365) days; (b) itemized, showing the specific brand, Product name, and matching stock-keeping unit or universal product code; (c) identifying the supplier as an authorized distributor or as the manufacturer; (d) identifying the Seller by the legal name on the Seller's Account; (e) showing a purchase quantity equal to or greater than the quantity of the disputed inventory sold through the Platform; and (f) unaltered and verifiable. The Company may contact the supplier directly to verify an invoice.
8.3 On receipt of a valid counter-notice, the Company shall forward the counter-notice to the complainant. Where the complainant does not provide evidence of a filed court action within ten (10) to fourteen (14) business days, the Company may restore the listing.
8.4 Submission of an altered, fabricated, or forged invoice is fraud. Such a submission converts the matter into a violation for which no cure period applies and may result in immediate and permanent termination of the Account and referral for legal action.
Article 9: Test Purchases
9.1 The Company, and a brand partner the Company authorizes, may conduct a test purchase of any Product listed on the Platform to verify authenticity.
9.2 Where a test purchase establishes that the good shipped is a Counterfeit Good, a Materially Different Good, or otherwise infringing, that physical evidence confirms the violation. A Seller may appeal a measure founded on a test purchase under Article 14 on grounds other than the authenticity the test purchase established.
Article 10: Repeat Infringers
10.1 On the accrual of three (3) Strikes against a single Seller within a rolling twenty-four (24) month period, the Company shall permanently terminate the Seller's Account.
10.2 Strikes are aggregated at the level of the person or business, across listings, Product categories, and associated entities and Accounts. A Seller shall not evade this article by opening a new or undisclosed Account.
10.3 A single confirmed finding of counterfeiting is governed by clause 4.2 and results in immediate termination without regard to the Strike count in this article.
Article 11: Expedited Review and Abuse of the Procedure
11.1 A rights holder with a sustained record of accurate, valid complaints may be granted access to an expedited review channel, including a prioritized review queue and, where applicable, automated reporting access. Accuracy is measured as the proportion of a complainant's complaints that are valid and upheld.
11.2 The complaint procedure is a protection for intellectual property, not a means of restricting competition. A party shall not use the procedure to enforce a minimum advertised price policy, to suppress a lawful parallel import, or to eliminate lawful competition.
11.3 A complainant who submits bulk complaints without adequate review, files a claim against a lawful reseller, or misrepresents the complainant's rights loses expedited review privileges, and such conduct violates the Acceptable Use Policy and is subject to enforcement under Article 14, including termination of access to the Company's reporting tools.
Article 12: Liability
12.1 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.
12.2 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 User 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).
12.3 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 a party owes for Orders, fees, chargebacks, or refunds under this document; or (d) liability that cannot be limited under applicable law.
12.4 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 13: Indemnification
13.1 Duty. The User 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 User's breach of this document; (b) the User's Products, Services, listings, or content; (c) product liability and intellectual property infringement claims arising from the User's Products or listings; (d) a product recall of the User's Products; (e) the User's violation of any law or of the rights of any person; and (f) taxes for which the User is responsible under the documents governing the User's activity.
13.2 Procedure. The Company shall give prompt written notice of a claim under this article. The User shall control the defense with counsel reasonably acceptable to the Company. The Company may participate in the defense at its own expense. The User 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.
13.3 Survival. This article survives the termination of this document.
Article 14: Enforcement and Appeals
14.1 Investigation. The Company may investigate any suspected violation of this document. The User shall cooperate with an investigation and shall produce the records this document requires the User to keep, including the authorization and invoice records in Articles 5 and 8.
14.2 Notice. If the Company determines that the User 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.
14.3 Opportunity to cure. Where a violation is capable of cure, the User 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.
14.4 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.
14.5 Appeal. The User 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. An appeal concerning authenticity is made by counter-notice under Article 8; an appeal under this clause addresses the measure imposed.
14.6 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 15: Term and Termination
15.1 Term. This document takes effect when the User first accesses or uses the Platform and continues until terminated under this article.
15.2 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 User materially breaches this document, engages in fraud, or becomes ineligible to participate, including under Articles 4 and 10.
15.3 Termination by the User. The User may terminate this document on thirty (30) days' written notice to support@aapawz.com, or by closing the Account, provided the User has no Order, booking, or investigation outstanding.
15.4 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 pay amounts owed, less amounts the Company may set off under this document and less amounts held under clause 4.2 to satisfy Buyer refunds, within thirty (30) days, except amounts held in connection with an open investigation or dispute.
15.5 Survival. The Definitions, Liability, Indemnification, Enforcement and Appeals (for measures taken before termination), Dispute Resolution, and General Provisions articles survive termination.
Article 16: Dispute Resolution
16.1 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 17: General Provisions
17.1 Amendments. The Company may amend this document by posting the amended document in the Document Center and giving notice to the User at the email address in the Account. An amendment that materially increases the User'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 User does not accept an amendment, the User's remedy is to terminate under Article 15 before the amendment takes effect.
17.2 Notices. Legal notices under this document, including a trademark complaint and a counter-notice under Article 8, 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. Notices to the User 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 User shall keep the email address in the Account current. DMCA notices are given as provided in the DMCA and Copyright Policy, to the designated agent at legal@aapawz.com.
17.3 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.
17.4 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.
17.5 Entire agreement. This document, together with the documents it incorporates by reference, is the entire agreement between the Company and the User for the subject it governs and supersedes every prior or contemporaneous statement, communication, or agreement on that subject, whether written or oral.
17.6 Assignment. The User 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 User.
17.7 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.
17.8 Interpretation. Headings are for convenience only. "Including" means "including without limitation." This document shall not be construed against a party on the ground that the party prepared it. The English-language text controls over any translation.
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