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Wizarding World Weekly: ‘Fantastic Beasts’ and ‘Harry Potter’ News (UPDATED)
Welcome to Wizarding World Weekly, your continually updated view into news stories of interest to fans of Harry Potter and Fantastic Beasts and Where to Find Them! Unlike the Owl Postal Service, we don’t get lost in the English countryside or distracted by small rodents.
For fans of Harry Potter, 2016 is a banner year. The long-awaited eighth story, Harry Potter and the Cursed Child debuted in London’s West End. November sees the release of the newest film, Fantastic Beasts and Where to Find Them. As Harry Potter fans gear up for more adventures in the Wizarding World, we delve into stories making the news this week.
Wizarding Weekly News for November 16, 2016
Fantastic Beasts and Where to Find Them Series to Span 19 Years
“It’s ambitious to tell it in five, to be honest, because we’re spanning 19 years.”
J. K. Rowling has revealed that the Fantastic Beasts and Where to Find Them series will span nineteen years from 1926 to 1945. And why does 1945 sound familiar? Yes, it is the year that World War II ended, but it is also the date of the duel between Albus Dumbledore and Gellert Grindelwald. At this point, it is looking very likely that the final Fantastic Beasts film will focus on Dumbledore and Grindelwald’s epic battle. The series will also explore Dumbledore’s formative years.
“You will see Dumbledore as a younger man and quite a troubled man. We’ll see him at that formative period of his life. As far as his sexuality is concerned, watch this space.”
Newt Scamander To Be Central To Fantastic Beasts Series
With the news that Fantastic Beasts and Where to Find Them will be the first in a series of five films, and that future instalments will see the established characters of Gellert Grindelwald and Albus Dumbledore joining the cast, the question was asked: Will Newt Scamander still be central to the franchise?
The answer is yes. Director David Yates stated:
He will, yeah. The story revolves around Newt. And he’s got a brother, as well. There’s so many new and interesting characters [still] to come.
The tease that Newt’s brother, Theseus Scamander, will feature in future films is interesting indeed as they seek to build a franchise of new characters. However, producer David Heyman said that future films were more likely to be an ensemble piece.
I don’t know about [Newt being] at the heart of all of them. I think he will be part of — so will Queenie, and Tina, and Jacob — part of the next one … [and Dumbledore] and Credence, and Grindelwald and those will be the main players there.
Harry Potter and the Cursed Child Named Best Play
Harry Potter and the Cursed Child continues to dominate London’s theatre after winning best play at the Evening Standard Theatre Awards. Writer Jack Throne, talking to Pottermore, said;
‘This play was made with blood, sweat and love. Most of the cast were able to make it to celebrate with us and as the award was passed around I felt what an honour it was to be part of this happy band. Working on this show has been the greatest of things – and I know John, Jo and I could not have asked for better people to work with. The Cursed Child world is one of technical genius, acting greatness and producing prowess. This is a cherry on top of a really elaborate, sugary, spicy, wonderful cake.’
‘Harry Potter seems to me to be a world about trust and love. With the world becoming darker by the second it feels really beautiful to be part of a team trying to sell these ideas back to the world. I just feel hugely privileged that John and Jo let me work on this with them.’
Harry Potter and the Spelling Mistake
A rare copy of the first Harry Potter book, Harry Potter and the Philosopher’s Stone, has sold at auction for a record £43,750 – a world record for a book at auction. The reason? A simple spelling mistake on the back cover that omitted the second “o” from the word “Philosopher’s.” The extract reads as “Acclaim for Harry Potter And The Philospher’s Stone.” The book also features the numbering of 10 down to 1 on the back of the title page, which added to the value of the copy. The book was expected to sell for between £15,000 and £20,000, but after an intense bidding war, it was bought by a London-based businessman.
Hogwarts Catches Fire
Hogwarts School of Witchcraft and Wizardry caught fire on November 12. Or, at least, one of it’s filming locations did. Christ Church’s Hall in Oxford University, which doubled for shots of the Great Hall, was attended by at least three fire engines. An electrical fault in a hot plate in the serving area of the Great Hall was the cause of the fire.
Wizarding Weekly News for November 9, 2016
Johnny Depp Is Gellert Grindelwald
Following on from the news that Johnny Depp has been cast in the sequel to Fantastic Beasts and Where to Find Them, and that he would also feature in a cameo in the first film, director David Yates confirmed Depp has been cast as Gellert Grindelwald in an interview with The Leaky Cauldron.
“The whole principal of casting the movie was go with the best actor. Go for the most inspired, interesting, right fit for that character. And as we approached Grindelwald we thought, ‘who’s going to take this in an interesting direction?’ In this business, it’s a weird old business. You’re brilliant one week, people are saying odd things the next, you go up and down. But no one takes away your pure talent.”
“Johnny Depp is a real artist. He’s created several characters who have really resonated in our popular culture. He’s a really brilliant, brilliant actor. We were excited about seeing what he would do with this guy, the character. He’s fearless; he’s imaginative; he’s ambitious. We thought he would do something fun and special. So we went for him, purely on that selfish basis. We don’t care if he’s famous or not famous. We just know he’s interesting.”
David Heyman also commented on the casting.
“Grindelwald is an iconic character, so it was important to have someone who had that weight. There’s a reason why he has that weight. It’s because, you know, he’s a fine actor who makes unexpected choices.”
David Yates was also surprised that the news did not break sooner as they filmed Depp’s scenes early on at Leavesden Studios.
Dumbledore Confirmed For Fantastic Beasts 2, Casting Underway
Not only with the Fantastic Beasts sequel feature Grindelwald, but Albus Dumbledore will make a significant appearance in the film. Casting is underway for an actor to portray the fan-favorite Wizard, with David Yates revealing that Michael Gambon – who played Dumbledore in six of the eight Harry Potter films – will not be returning to play a younger Dumbledore.
During discussions for which actor would fit the role, Jared Harris, the son of Richard Harris who played Dumbledore in the first two films before his death, was mentioned as a fan favorite by the production team.
More Fantastic Beasts Clips
With the release of the film just over a week away, Warner Bros have released several new clips from the film.
First, an extended look at Queenie’s magical strudel cooking.
Newt’s arrival in New York.
Graves‘ interrogation of Newt, with reference to Grindelwald.
Newt and Tina meet with Gnarlak.
Rare Harry Potter Book Expected To Sell For £500,000 At Auction
A unique, bejewelled edition of The Tales of Beedle the Bard is being auctioned off at Sotheby’s next month and is expected to sell for around £500,000. The edition belongs to Barry Cunningham, who accepted the first Harry Potter novel for publication. The book includes original illustrations by J. K. Rowling, and a personal inscription.
Cunningham is selling the book with Rowling’s blessing, and some of the proceeds of the sale will be given to her charity, Lumos.
Hot Topic Release Fantastic Beasts-Inspired Clothing Line
Hot Topic has unveiled a clothing line inspired by Fantastic Beasts and Where to Find Them. The collection includes Newt’s coat, Queenie’s 1920’s inspired gown, and an outfit based on Seraphina Picquery‘s costume. Sadly, Percival Graves’ black and white suit is not part of the collection.
Wizarding Weekly News for November 2, 2016
Johnny Depp Joins Fantastic Beasts Sequel
The first instalment of the Fantastic Beasts and Where to Find Them series has not yet been released, but there is already casting news for the sequel. And its the addition of a major Hollywood star. Johnny Depp will co-star in the Fantastic Beasts sequel in an undisclosed role. Not only that, it has been revealed that he will also cameo in the first film.
Speculation is already racing around the Internet as to which role Depp will be playing. With the recent revelation that the characters of Albus Dumbledore and Gellert Grindelwald will feature in the sequels, it is practically inevitable that he has been linked to playing either role. And with Depp’s experience at playing characters with distinct accents, it is not inconceivable that he could take on the role of the British Dumbledore, or the European Grindelwald. Of course, Depp could be playing a completely new character but its not fun speculating about that.
New Fantastic Beasts IMAX Poster
A new poster for Fantastic Beasts and Where to Find Them has been unveiled to promote the IMAX release of the film. The poster highlights all of the main Human characters of the film, and even includes the beast that is probably going to be the breakout star of series and this year’s most popular Christmas toy – the Niffler.
Fantastic Beasts Sequel Information Revealed
Last month, director David Yates revealed that the sequel for Fantastic Beasts and Where to Find Them would take place in another capital city. The latest Empire magazine includes an interview with Yates where he informs fans where the film would take place.
The Fantastic Beasts sequel is heading to Europe, and will hopefully give us the same in-depth look at French Wizarding society as the first film is doing for the Wizarding World in America. And with Grindelwald wrecking havoc across Europe, does this mean that the dark wizard will be a more immediate threat in the sequel?
Google Celebrates Fantastic Beasts
To celebrate the upcoming release of Fantastic Beasts and Where to Find Them, Google has announced several promotions tied into their products and services.
Firstly, Android users can now use simple voice commands – tied to the spells used in the Harry Potter series – to control their phones. Users can control their phones by saying “OK Google”, followed by a series of command. “Lumos” will activate the phone’s flashlight, while “Nox” will turn it off. And “Silencio” will silence the phone’s ringer and notifications.
Fans can also explore 1926 New York through Google Street View, visiting such locations as the Magical Congress of the United States of America, The Blind Pig speakeasy, and Tina and Queenie’s apartment.
Empire Magazine Releases Moving V >To celebrate the release of Fantastic Beasts and Where to Find Them, Empire Magazine has released a limited edition run of 5000 magazines with a video cover. The cover is the first of its kind in the world.
“The cover is a double layer of card and inside is a video-screen,” Jonathan Pile, deputy editor at Empire magazine. “Beneath the card are microchips and circuit boards, which lead to buttons that you press on and off, and they lead to two videos. The idea was obviously based on the Harry Potter universe. The video screen is like a moving picture on the front page of a newspaper.”
The cover is styled after The New York Ghost – an American wizarding newspaper. The cover is embedded with two moving videos, and readers can interact with the cover, play the videos and even recharge it, allowing them to replay the videos potentially forever. The videos include the latest film trailer, and an exclusive behind-the-scenes featurette.
Seattle Seahawks cornerback Richard Sherman attended his weekly press conference decked out in full Harry Potter regalia in time for Halloween.
“When you’re a wizard like we are, sometimes you have to show it to the muggles out in the world,” Sherman said. “We’ve got a lot of wizards. My son’s a wizard. Earl Thomas does some magical things. Michael Bennett is black Santa, but he’s also a wizard. So you just have a good time. I just went to Harry Potter Land. That felt like home.”
Sherman also revealed that he would be wearing the costume to take his son trick-or-treating on Halloween.
Unsurprisingly, J. K. Rowling learned of Sherman’s love for Harry Potter and tweeted her support.
Did I ever mention that I'm a #Seahawks fan? Well, I am.
(Don't ask me who plays for them apart from R Sherman.)https://t. co/2zoJ8RRKZY
Wizarding Weekly News for October 25, 2016
New Fantastic Beasts and Where To Find Them TV Spots
Some new TV spots for Fantastic Beasts and Where to Find Them have been released, showing some new scenes from the upcoming movie.
Queenie throws a little shade at Hogwarts.
A look at The Blind Pig speakeasy.
An extended look the contents of the Newt’s magical case.
Some focus on the Thunderbird.
The intro to the interrogation scene between Newt and Percival Graves.
Warner Bros Announces Fantastic Beasts Mobile App
With less than a month to go before the release of Fantastic Beasts and Where to Find Them, Warner Bros has announced a tie-in mobile game – Fantastic Beasts: Cases From The Wizarding World. Billed as a hidden objects game, players will take on the role of Ministry of Magic employees and explore locations from the Harry Potter series such as Diagon Alley and Hogsmeade. Players will be able to cast spells, brew potions and discover magical creatures.
“We are delighted to bring fans a new mobile game inspired by J. K. Rowling’s Wizarding World, which invites players to discover their own fantastic beasts,” said Warner Bros. Interactive Entertainment President David Haddad in a press release. “Fantastic Beasts: Cases from the Wizarding World offers a fun, magical mobile experience to all players.”
Fantastic Beasts: Case From The Wizarding World will be available on the App Store and Google Play on November 17.
Eddie Redmayne Auditioned For Another Famous Harry Potter Role
Fantastic Beasts and Where To Find Them star Eddie Redmayne will make his debut as Magizoologist Newt Scamander when the film opens on November 18. But it could have been so different – because Eddie Redmayne once auditioned for another iconic role in the Harry Potter franchise. In an interview with Empire magazine, Redmayne revealed that while he was in university he auditioned for the part of Tom Riddle.
“I actually auditioned to play Tom Riddle while I was at university. I properly failed and didn’t get a callback. Over the years, I always hoped I might be cast as a member of the Weasley family. I’m colour blind, but I’ve always been told there’s a tinge of red to my hair – but unfortunately not. A lot of my friends, like Domhnall Gleeson and Rob Pattinson, got their Harry Potter moment, but I never got mine.”
While Redmayne never got his Harry Potter moment, it seems to have worked out well for him.
Colin Farrell’s Admission
Colin Farrell has admitted that he had not read the Harry Potter books before taking the role of Percival Graves in Fantastic Beasts and Where to Find Them. However, he was a fan of the film series.
“There are a few films where in they’re on the television, I just can’t turn them off, they’re just so comforting; and any ‘Harry Potter ‘series qualifies as one of those films. It’s just such a beautiful and immersive world, that pays due respect to human emotions. I would be a liar if I said being in a trailer where that score kicks in didn’t get me excited. I’m 40 and I shouldn’t say such things.”
The Boss Was Snubbed By Harry Potter
Legendary musician Bruce Springsteen has revealed that the producers of the Harry Potter films rejected his offer to include one of his songs in the first Harry Potter film. His ballad, “I’ll Stand By You” was written for his eldest son, and is rumored to be inspired by the experience of reading the Harry Potter books to him. However, there was apparently a contract stipulation which prevented the use of commercial songs in the Harry Potter films.
Now Is Your Chance To Attend Hogwarts! Sort Of
Ever since the Harry Potter series started, fans have longed to attend wizarding schools like Hogwarts School of Witchcraft and Wizardry. And now, finally, fans will get the chance.
From May 25-28, the Mimbulus Mimbletonia Association will take over the Jolibert Bourgougnague Castle in Lot-et-Garonne, France. The events will be based around the first book in the series, Harry Potter and the Philosopher’s Stone, and will include lessons on botany, potions, spellcasting, and Quidditch.
100 students will be selected to take part in the event, and they must be over the age of 16 by May 2017 (although those under 18 will still need parental permission).
Wizarding Weekly News for October 19, 2016
Fantastic Beasts Sequels Expand Series To Five Films
At the Fantastic Beasts and Where to Find Them Global Fan Event, J. K. Rowling announced that the film series – originally planned to be a trilogy – is to be extended to a total of five films.
“We always knew that it was going to be more than one movie — we knew that from the start — so we set a trilogy as a sort of placeholder, because we knew there would be more than one movie. But I’ve now done the plotting properly, so we’re pretty sure it’s going to be five movies.”
During the event, it was revealed that both Albus Dumbledore and Gellert Grindelwald will feature in the new films. It will be interesting to see how far Newt Scamander‘s story will intersect with Dumbledore and Grindelwald’s history, and the great war that threatened the Wizarding World in the early twentieth century. Dumbledore also features in Fantastic Beasts in some capacity, in a scene between Newt and Percival Graves.
With the implication that the events of Fantastic Beasts are somehow tied to Grindelwald’s reign of terror, could the film series grow beyond the original premise of Newt’s adventures in America? David Yates revealed that the next film will find Newt in a capital city that is not New York, indicating that the series could see Newt on a globe-trotting mission in the middle of a wizarding war.
Olly Moss Produces New Harry Potter Posters
Artist Olly Moss – known for his minimalist style – has produced a range of seven Harry Potter posters, one for each of the published books. Each poster uses the same background, and includes well known elements from each book like the boat crossing from Philosopher’s Stone, to a ruined Hogwarts from Deathly Hallows.
Magical Make-Up
Storybook Cosmetics has unveiled a new range of make-up brushes styled after the wands from the Harry Potter series. Five different styles – including Dumbledore and Voldemort’s wands – are available in a single set. Unfortunately, demand for the brushes has led to the range becoming temporarily unavailable until the company can restock.
Wizarding Weekly News for October 12, 2016
New Fantastic Beasts and Where to Find Them Character Posters
As Fantastic Beasts and Where to Find Them gears up for its release, Warner Bros have released nine character posters featuring the main players of the film.
Newt Scamander (Magizoologist)
Percival Graves (Director of Magical Security)
Porpentina Goldstein (MACUSA Auror)
Queenie Goldstein (Legilimens)
Jacob Kowalski (No-Maj)
Mary Lou (Leader of the Second Salemers)
Credence (Second Salemer)
Seraphina Piquery (President of MACUSA)
Gnarlak (Goblin Gangster)
In the posters, both Mary Lou and Credence are the only two Human characters not referred to by their second name – given as Barebone in other materials. Could this hint that the characters aren’t exactly who they claim to be? Maybe they have another surname, one more closely linked with the Wizarding World and its history.
Also of note is the chain with the sign of the Deathly Hallows in Percival Graves‘ poster. In Wizarding history, the Deathly Hallows were the three gifts given to the Peverell brothers by Death – the Elder Wand, the Resurrection Stone, and the Cloak of Invisibility. The sign of the Deathly Hallows was also taken by Gellert Grindelwald as his personal sigil. With the mention of Grindelwald in the final Fantastic Beasts trailer, could Graves have connections to Grindelwald’s movement in Europe? Or is he seeking the Deathly Hallows for himself?
The History of MACUSA
On Pottermore, J. K. Rowling has revealed the history of MACUSA, and their relations with American society in a new piece of writing. Rowling details MACUSA’s history from its founding until the 1920s. Among the tidbits on offer are MACUSA’s actions during the Revolutionary War, and the fact than one of MACUSA’s first Aurors, Abraham Potter, was a distant relation of Harry Potter.
Pottermore promoted the new piece of writing with a short video featurette.
Fantastic Beasts and Where to Find Them Soundtrack Listing
Warner Bros and WaterTower Music have unveiled the track listing for Fantastic Beasts and Where to Find Them. Composed by James Newton Howard, the soundtrack will include 26 tracks. Caution is advised, however, as the track titles could potentially give away spoilers for the film.
The Main Titles for the film were also released in its entirety. The track starts off with the main Harry Potter theme before evolving into a unique track.
Heathrow Airport Opening New Harry Potter Shop
Travellers passing through Terminal 5 at Heathrow Airport will soon be able to buy all things Harry Potter with the opening of The Harry Potter Shop. A 600 sq. ft. store will be opening prior to the November 18 release of Fantastic Beasts and Where to Find Them, and offer travellers all manner of merchandise from clothing to collectibles.
Fantastic Beasts and Where to Find Them Twitter Emojis
Magic has come to the Muggle world in the form of Fantastic Beasts inspired emojis on Twitter. To help promote the release of Fantastic Beasts and Where to Find Them, four new emojis are available for you to tweet with: #FBNewt, #FBTina, #FBJacob, and #FBQueenie.
Wizarding Weekly News for October 5, 2016
Fantastic Beasts VR Experience Coming to Daydream View
A Fantastic Beasts and Where to Find Them VR experience will be one of the first pieces of content available on Google’s new VR mobile platform, Daydream View.
During their “Made by Google” event, Google teased the VR experience set in the Harry Potter universe. One piece of information sure to appeal to fans was revealed: the Daydream View controller – a motion-tracking device similar to the Nintendo Wii remote – will be used as a wand. That’s right, fans will be able to pretend they are true Wizards and Witches and manipulate the environment by levitating objects and casting spells.
“With Daydream you’re going to be able to explore some really magical places, and what’s more magical than the wizarding world of J. K Rowling? I’m excited to announce that we’ve been working with Warner Brothers to bring an exclusive Fantastic Beasts and Where to Find Them experience to Daydream,” said Adrienne McCallister, the leader of partnerships for Daydream.
Global Harry Potter IMAX Fan Event
Harry Potter fans will get the opportunity to attend a global fan event which will preview new footage from Fantastic Beasts and Where to Find Them in IMAX format. A Return to J. K. Rowling’s Wizarding World will also include a live interactive Q&A session with the film’s stars and director. Fans will be treated to a never-before-seen reel from Fantastic Beasts featuring key moments from the film.
Stars from Fantastic Beasts and Where to Find Them will join the event in person in London and Los Angeles. Eddie Redmayne, Katherine Waterston, Alison Sudol, Dan Fogler, and director David Yates will attend the event in London. Colin Farrell and Jon Voight will attend the event in Los Angeles.
The global event will kick off on Thursday, October 12th at 8:30 PM (3:30 PM EDT, 12:30 PDT) in London and simultaneously in major cities across the U. S. and internationally. Originally, the event was only to be held in IMAX theatres in London, Los Angeles, New York, Sao Paulo, Mexico City, and Rome. Due to popular demand, more cities were added to the event: San Francisco, Chicago, Dallas, Miami, Orlando, Washington D. C., Toronto, and Atlanta in the U. S., as well as Paris, Santiago, Bogota, and San Juan.
Fans will have the opportunity to ask the stars and director questions in the live Q&A session. The footage and Q&A session will be streamed live online exclusively on the Fantastic Beasts official Facebook page. Following the preview, fans will be invited to stay for an IMAX screening of Harry Potter and the Philosopher’s Stone. Attendees will also be presented with a specially designed Fantastic Beasts and Where to Find Them t-shirt and collectible mini-poster.
Following on from the Global Fan Event on October 13, IMAX theatres will screen all eight Harry Potter films in IMAX format. The one-week screening will be the first time that both Harry Potter and the Philosopher’s Stone and Harry Potter and the Chamber of Secrets will have been screened in IMAX format.
Christmas Dinner In The Great Hall Is The Perfect Christmas Experience
The Warner Bros Studio Tour in the U. K. has announced that Harry Potter fans will again have the chance to enjoy Christmas dinner in the Great Hall of Hogwarts School of Witchcraft and Wizardry. The replica set will be decorated with original props from the Harry Potter films and Christmas decorations.
The event will held on December 7th and 8th. For the price of £240.00 per person, guests will be greeted at 6:00 PM with a drinks reception and canapés, and then be treated to a three course banquet. There will also be music and dancing until the end of the event, which will be around midnight. Replica wands will be used as place settings, and the package also includes a pass to the Studio Tour as well as a complimentary shuttle bus ride to Watford Junction train station.
All guests must be aged 18 or over, and photographic ID will be required. While smart dress is encouraged for the event, fancy dress will be welcome. Tickets go on sale from 10:00AM on Thursday 6 October.
MinaLima Gallery Exhibition Heading To Paris
Miraphora Mina and Eduardo Lima – known collectively as MinaLima – are taking a new exhibit of their Fantastic Beasts and Harry Potter graphical art to Paris. Opening on November 4th, the exhibit will be called “The Graphic Art of Fantastic Beasts and Where to Find Them and the Harry Potter Films” and will run to February 4th, 2017. The exhibit will be hosted at the Galerie Arludik.
Wizarding Weekly News for September 28, 2016
New Fantastic Beasts and Where to Find Them Trailer
Today, on The Ellen Show, the final trailer for Fantastic Beasts and Where to Find Them was revealed!
What new information did we learn from the trailer?
It seems that Newt Scamander‘s case of magical creatures is much more than a simple tool for keeping them confined. From the trailer, both Newt and Jacob enter the case themselves, seemingly revealing that inside is another world full of distinct biospheres to keep the magical creatures comfortable. As a Magizoologist, Newt would probably not want to distress his beloved creatures too much, and caring for them in an almost natural environment would definitely be something he would do. We also get some new images of beasts that may be the Nundu and the Erumpent.
There is emphasis on the differences between the Wizarding communities in America and Britain. Newt is directly asked what he knows about the former, and doesn’t even know that Americans refer to a non-magical Muggle as a “No-Maj” when presented with the term.
We get a clear look at Mary Lou Barebone giving a speech about an evil spreading terror in New York and then disappearing without a trace. Mary Lou is the leader of the Second Salemers, a group dedicated to exposing the Wizarding community in America. We also see her adoptive son, Credence – in conversation with Percival Graves.
We get a better look at the character of Percival Graves in this trailer, possibly hinting that he is either the villain of the film, or at least a character with a different world view of Wizarding secrecy. He dislikes that the Wizarding community is forced to hide in the shadows, and openly questions the law that keeps them hidden, wondering who it really protects. Later, he ominously states that he refuses to bow down any longer.
Shots of Wizards and No-Maj police facing off against each is accompanied by a direct mention of Gellert Grindelwald’s attacks in Europe. Grindelwald is, of course, well known to Harry Potter fans as Albus Dumbledore‘s first love who terrorised Europe until he was defeated by Dumbledore in 1945. The direct connection between the new film and the history of the Harry Potter franchise helps to unite the two storylines and cement their place in a shared universe.
Pottermore Patronuses – Rare Creatures, Disappointment, and … Harambe?
After Pottermore gave users the chance to discover their Patronuses, Harry Potter fans flocked to the site to discover their spiritual protective animal. There are numerous different animals available, from breeds of dogs, cats, and birds, to animals like wolves, horses, and even … rats? Needless to say, some fans were unhappy with the Patronus they got, taking their frustrations to Twitter. The official Pottermore account responded to those disappointed with their animal, telling them that Patronuses were rarely what people expected them to be. But some lucky fans got a response from J. K. Rowling herself!
Her response to one fan’s Patronus being a rat …
Clever, resourceful and (according to the Chinese) lucky! https://t. co/RalpiPYo18
You got the Lord of the underworld who brings light to darkness. Of course it's awesome. https://t. co/qEUkH0R6Fq
… and even a peacock!
The peacock is a symbol of immortality in certain cultures and nothing to do with vanity. Just saying.
As fans shared their Patronuses across Twitter, a meme sprung up showing the ghostly image of Harambe, the gorilla killed at Cincinnati Zoo early this year.
J. K. Rowling retweeted the meme, leading many to believe that Harambe was an official Patronus on Pottermore. The author had to deny that he was, and that she had retweeted it because it was simply funny.
I thought it was very funny, btw.
Harry Potter Series Tops List of Best Book-to-Film Adaptations
The Harry Potter series of books has topped a list of the best book-to-film adaptations in the UK. 2,000 film fans were surveyed, with Harry Potter films in the top ten of 32 percent of those quizzed. the poll was commissioned by Odeon to tie-into the release of two new book to film adaptations – The Girl on the Train and Inferno.
UK’s top 20 book-to-film adaptations
On October 4, Harry Potter fans will be able to buy the second book in The Illustrated Edition series, Harry Potter and the Chamber of Secrets. Fully illustrated by Jim Kay, the gorgeous new edition is the second in the Illustrated Edition series, having been proceeded by Harry Potter and the Philosopher’s Stone last year. Many of the images seen in the trailer were previously revealed on Pottermore earlier in the year.
A Fantastic Soundtrack
Both Amazon Canada and Amazon UK have listed the soundtrack for Fantastic Beasts and Where to Find Them as available for pre-order with a release date of November 4. The score for the film has been written and conducted by James Newton Howard, who has been nominated 8 times for an Academy Award. The soundtrack will reportedly be available in CD, vinyl and digital formats. However, Warner Bros. has not officially confirmed the release date.
Wizarding Property Portfolio
Not content with just owning Harry Potter’s childhood home, you could now add Hermione Granger’s to your growing property portfolio of Wizarding addresses. The house that stood in for Hermione’s house is a six-bedroom detached period property in Hampstead Garden, and is on the market for a cool £2.4 million. Which, according to an online Wizarding currency converter is about 498,985 Galleons, 13 Sickles, and 18 Knuts in Wizarding currency.
I expect The Burrow to up for sale any day now …
Wizarding Weekly News for September 22, 2016
Expecto Patronum!
Pottermore, the official J. K. Rowling website, has just launched their latest interactive experience – you can discover your own Patronus in the form of a wonderful interactive quiz experience.
By answering a series of cryptic question written by Rowling, Pottermore users can discover their own Patronus from a range of familiar and magical creatures. So, fellow Wizards and Witches, it is time to grab your wands, bellow “EXPECTO PATRONUM” at your computer screen and find out what your Patronus is.
Mine is a Tortoiseshell Cat. I know you were all wondering.
Wizarding Weekly News for September 21, 2016
Fantastic Merchandise and Where to Find Them!
As the release of Fantastic Beasts and Where to Find Them draw nearer, the inevitable waves of merchandising have begun to appear. Merchoid. com have a range of Fantastic Beasts-themed clothes on offer, ranging from t-shirts featuring the film’s logo and promotional images, to ones bearing the emblem of M. A.C. U.S. A. For those of a more action figure persuasion, Funko has several characters from Fantastic Beasts available for pre-order including the main characters of Newt Scamander, Tina Goldstein, Queenie Goldstein, Jacob Kowalski, Seraphina Picquery, Percival Graves, and two versions of the Niffler. And finally, the official Harry Potter store has released a load of Fantastic Beasts themed merchandise, everything from standees of the main characters, to journals, mugs, puzzles, and more!
Queen of the Mind
Alison Sudol, who plays Queenie Goldstein in the upcoming Fantastic Beasts and Where to Find Them has revealed some of her character’s powers in an interview with Pottermore. Queenie is a powerful Legilimens, capable of reading minds. If that sounds familiar, it was also one of the talents that Professor Severus Snape possessed, and tried to teach to Harry Potter to prevent Voldemort from using their connection to control him or gain information.
“The longer I play her, the more I delve into Queenie’s powers. It really informs who she is, because she sees into people. She’s not just reading what you’re currently thinking, she’s reading you. Being a Legilimens means she’s reading your whole story, she’s seeing all of your truths. If she peers in far enough, she can go all the way down.”
Harry Potter Sells Childhood Home! Sort Of.
Ever fancied living in The Cupboard Under The Stairs like Harry Potter did while living at the Dursleys? Well now you can! Kind of.
The house in Picket Post Close, Martins Heron that was used as No. 4 Privet Drive in Harry Potter and the Philosopher’s Stone is up for sale. Yes, for the low, low price of nearly half a million pounds, you can live in the house Harry grew up in (disclaimer: Harry did not really grow up in the house).
However, the house was only used in the first film as logistical problems meant that shooting at the location for subsequent films was abandoned in favor of recreating the entire street in a studio. But never mind that – it’s Harry’s childhood house! Start raiding your rainy day fund for the deposit!
Line Change in Prizoner of Azkaban Leads to Conspiracy Theories
Recently, Seventeen writer Kelsey Stiegman made a startling discovery that had apparently eluded Harry Potter fans for years. Sometime after the initial printing of Harry Potter and the Prisoner of Azkaban in 1999, a random sentence was changed. Stiegman compared the text from a 2013 edition with the original 1999 text.
“Er — Mr. Black — Sirius?” said Hermione.
Black jumped at being addressed like this and stared at Hermione as though he had never seen anything like her before.
“Er — Mr. Black — Sirius?” said Hermione.
Black jumped at being addressed like this and stared at Hermione as though being spoken to politely was something he’d long forgotten.
The changed line led to conspiracy theories ranging from the sublime to the ridiculous. Stiegman has tweeted Harry Potter author J. K. Rowling for comment on the changed line.
Kpop Band DIA Release Harry Potter Themed Album
The Kpop girl band DIA (Do It Amazing) released their third studio album on September 12 called “Spell.” The seven-track album is inspired by the Harry Potter books. The title track, “Mr. Potter,” is categorized as dance-pop music with an upbeat, synthesized sound. The music video for the track featured DIA dressed as witches.
Harry Potter Rap
Staying with musical news, British musician and Harry Potter fan Alex Day has created a rap using all the spells featured in the Harry Potter series. Alex took inspiration from a similar video online that listed all the spell used in the films, and decided to make a musical version of it. Alex usually produces pop-style music, but decided rapping better suited his vision, although he was not confident of his rapping abilities.
“A lot of people have complimented me on it although I didn’t think I would be any good at rapping. I thought I would just give it a go.”
The Transformers Invade Hogwarts
Lastly, some light hearted news as filming for Transformers The Last Knight was spotted near Alnwick Castle, a location that stood in for exterior scenes of Hogwarts School of Witchcraft and Wizardry in the first two Harry Potter films, Harry Potter and the Philosopher’s Stone and Harry Potter and the Chamber of Secrets. If anyone’s childhood involved mixing figures from various toy lines together and creating awesome stories, then the idea of Harry and his pals fighting off an invasion of Decepticons should be right up your alley.
Wizarding Weekly News for September 14, 2016
Will Daniel Radcliffe Return To ‘Harry Potter’?
Along with Fantastic Beasts and Where to Find Them, the stage play Harry Potter and the Cursed Child has brought the world of Harry Potter back into the spotlight this year. Could a film adaptation of the stage play see Harry Potter star Daniel Radcliffe don the scar and glasses again? In an interview with The Hollywood Reporter at the Deauville Film Festival, Radcliffe was asked if he would ever return to the role that made him famous. His answer gave both hope and concern to Harry Potter fans.
“I’m never going to close that door, but I think I’ll be happy enough and secure enough to let someone else play it.”
Radcliffe also put forward the option of Jamie Parker, who plays Harry on the stage in Cursed Child, taking the role of the wizard in any future film. He also noted that at the moment he was too young to play the version of Harry currently gracing the West End stage. However, Radcliffe does admit he would feel strange returning to the role even in ten years’ time.
“There’s a part of me that’s like, some things are better left untouched. If we went back to Potter, there’s a chance we’d make what Star Wars: The Force Awakens was to the original Star Wars, but there’s also the chance that we’d make Phantom Menace. So I don’t want to go back to anything like that and maybe sour what people have already loved.”
Ouch. Fear not Star Wars fans. Rogue One will hopefully help heal the pain of the prequels …
Radcliffe was also asked about the upcoming Fantastic Beasts and Where to Find Them and its star, Eddie Redmayne.
“He’s an Oscar winner, dude, he doesn’t need my advice.”
Colin Farrell’s Reasons For Joining Fantastic Beasts
Colin Farrell – who plays Percival Graves in the upcoming Fantastic Beasts and Where to Find Them – has revealed the reason why he joined the film. In an interview with CinemaBlend, he gave the blunt reason.
Work. And the world that it exists within. I mean its enormous amounts of fun. I have a f**kin’ wand.
Farrell does note another reason for playing the role, and its one of the most common reasons given by actors. He wanted to play a role that his children could watch him in. He admits that they might not want to watch the film or even like it, but he would like them to have the opportunity.
Lego Harry Potter Remaster Exclusive To PS4
Warner Bros. have confirmed an October 18 release date for a PS4 exclusive remaster of the Lego Harry Potter series. The game will include enhanced graphics, visuals and lighting effects, along with DLC content. Lego Harry Potter was released as two games; the first covered the first four books, while the second covered the final three. The remastered version will ship on a single disc entitled Lego Harry Potter Collection. Although released a full month before the arrival of Fantastic Beasts and Where to Find Them, TT Games promised that the collection will be the perfect gift for fans waiting to see the film. There is speculation that the remastered game could have links to Fantastic Beasts and Where to Find Them.
The DLC for the game is said to be a Character Pack DLC and a Spell Pack DLC. The Character Pack is reported to include ten new characters, including the four Hogwarts founders Godric Gryffindor, Helga Hufflepuff, Rowena Ravenclaw, and Salazar Slytherin. Other characters will included Harry (Yule Ball), Hermione (Pink Dress), Ron Weasley (Ghoul), Luna (Lion Head), Lockhart (Straitjacket), and Peeves. The Spell Pack contains five new spells: Cantis (makes an individual sing), Densaugeo (grows an individual’s teeth), Ducklifors (turns a target into a duck), Melofors (turns an individual’s head into a pumpkin), and Tentaclifors (turns a target’s head into a tentacle).
Wizarding Weekly News for September 8, 2016
Fantastic Beasts and Where to Find Them Gets >
Fantastic Beasts and Where to Find Them has been classified as PG-13 by the Motion Picture Association of America.
PG-13 – Parents Strongly Cautioned
Some material may be inappropriate for children under 13. Parents are urged to be cautious. Some material may be inappropriate for pre-teenagers.
The mainstream Harry Potter films alternated between PG and PG-13 ratings throughout the eight film run. The first three films and Harry Potter and the Half-Blood Prince are all rated as PG. The remaining films, which generally include materials such as character deaths and potentially scary scenes for children, are all rated as PG-13. Strangely, the film classification board did not think that Half-Blood Prince needed a PG-13 rating. This was despite the film depicting the death of fan-favorite character Albus Dumbledore, and including a scene with creatures that were basically zombies. The film was reclassified as a PG-13 for its IMAX release.
Fantastic Beasts Screenplay Cover Revealed
With the release of the film Fantastic Beasts and Where to Find Them, new tie-in books were a certainty. Fans were given the chance to read the latest installation of the Harry Potter series with the release of the script book for Harry Potter and the Cursed Child. Fantastic Beasts and Where to Find Them will get the same treatment.
The Little, Brown Book Group has revealed the cover to Fantastic Beasts and Where to Find Them: The Original Screenplay by J. K. Rowling. Throughout the U. S. and Canada, the print versions of the book will be published by Scholastic. The Original Screenplay will be available on Nov. 18, the same date as the film is released in the U. S.
The screenplay is not the only tie-in book to be published in the lead-up to the film. Other ties-ins will include Fantastic Beasts and Where to Find Them: Fashion Sketchbook, Fantastic Beasts and Where to Find Them: Magical Movie Handbook, and Fantastic Beasts and Where to Find Them: Character Guide.
Pottermore Presents
On Tuesday Sept. 6, Pottermore released three eBooks under the “Pottermore Presents” umbrella. The first book, Short Stories From Hogwarts of Heroism, Hardship and Dangerous Hobbies focuses on the histories of several of Hogwarts’ teachers over the years. The second, Short Stories From Hogwarts of Power, Politics and Pesky Poltergeists centers around the institutions of the Wizarding World such as the Ministry of Magic. The last, Hogwarts: An Incomplete and Unreliable Guide goes into greater detail about the Wizarding school itself.
Harry Potter Festival and Quidditch Tournament 2016
The Harry Potter Festival and Quidditch Tournament 2016 comes to Chestnut Hill in Philadelphia from October 20-22. The three-day event at Chestnut Hill College will feature the fifth annual Harry Potter Conference and the seventh annual Philadelphia Brotherly Love Cup. Quidditch teams from across the Mid-Atlantic will compete is a round robin “muggle” Quidditch tournament.
The town of Chestnut Hill is also getting in on the act. Inspired by the books, many of the local businesses will be transformed into Harry Potter-themed locations for the duration of the weekend. Actors dressed as characters from the books will interact with visitors throughout the festival. Other attractions will include Defence Against the Dark Arts lessons, Sorting Hat demonstrations, and the Tri-Wizard straw maze.
Cursed Child Still No.1
Harry Potter and Cursed Child Parts One and Two continues to dominate USA Today’s Best-Selling Books list. The script book has retained the No.1 spot for the sixth consecutive week. The book, released on July 31, shows no signs of slowing down in terms of sales.
Harry Potter Comes To LEGO Dimensions
The popular video game LEGO Dimensions have released a trailer for the upcoming Harry Potter Team Pack. The new pack will introduce a wide variety of Harry Potter related settings and characters into the game. Locations will include Hogwarts, Hogsmeade, and the Chamber of Secrets. Characters in the pack include Harry, Voldemort, and Hagrid. The expansion will be available on Sept. 27 for Xbox One, Xbox 360, PlayStation 3, PlayStation 4, and Nintendo Wii U.
Amazon Services Business Solutions Agreement
The version of this Agreement in English is the definitive legal version. A translation into Chinese is available for your ease of reference.
General Terms
Welcome to Amazon Services Business Solutions, a suite of optional services for sellers including: Selling on Amazon, Fulfillment by Amazon, Amazon Advertising, Transaction Processing Services, and the Selling Partner API.
THIS AMAZON SERVICES BUSINESS SOLUTIONS AGREEMENT (THE "AGREEMENT") CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND AMAZON. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES THAT APPLY FOR EACH COUNTRY FOR WHICH YOU REGISTER OR ELECT TO USE A SERVICE (IN EACH CASE, THE "ELECTED COUNTRY").
As used in this Agreement, "we," "us," and "Amazon" means the applicable Amazon Contracting Party and any of its applicable Affiliates, and "you" means the applicant (if registering for or using a Service as an individual), or the business employing the applicant (if registering for or using a Service as a business) and any of its Affiliates. Capitalized terms have the meanings given to them in this Agreement. If there is any conflict between these General Terms and the applicable Service Terms and Program Policies, the General Terms will govern and the applicable Service Terms will prevail over the Program Policies.
To begin the enrollment process, you must complete the registration process for one or more of the Services. Use of the Services is limited to parties that can lawfully enter into and form contracts under applicable Law (for example, the Elected Country may not allow minors to use the Services). As part of the application, you must provide us with your (or your business') legal name, address, phone number and e-mail address, as well as any other information we may request. Any personal data you provide to us will be handled in accordance with Amazon’s Privacy Notice.
Service Fee Payments; Receipt of Sales Proceeds.
Fee details are described in the applicable Service Terms and Program Policies. You are responsible for all of your expenses in connection with this Agreement. To use a Service, you must provide us with valid credit card information from a credit card or credit cards acceptable by Amazon ("Your Credit Card") as well as valid bank account information for a bank account or bank accounts acceptable by Amazon (conditions for acceptance may be modified or discontinued by us at any time without notice) ("Your Bank Account"). You will use only a name you are authorized to use in connection with a Service and will update all of the information you provide to us in connection with the Services as necessary to ensure that it at all times remains accurate, complete, and valid. You authorize us (and will provide us documentation evidencing your authorization upon our request) to verify your information (including any updated information), to obtain credit reports about you from time to time, to obtain credit authorizations from the issuer of Your Credit Card, and to charge Your Credit Card or debit Your Bank Account for any sums payable by you to us (in reimbursement or otherwise). All payments to you will be remitted to Your Bank Account through a banking network or by other means specified by us.
If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Amazon or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to Amazon or third parties persist. For any amounts that we determine you owe us, we may (a) charge Your Credit Card or any other payment instrument you provide to us; (b) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (c) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (d) reverse any credits to Your Bank Account; or (e) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate our Program Policies, then we may in our sole discretion permanently withhold any payments to you. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency.
In addition, we may require that you pay other amounts to secure the performance of your obligations under this Agreement or to mitigate the risk of returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Amazon or third parties. These amounts may be refundable or nonrefundable in the manner we determine, and failure to comply with terms of this Agreement, including any applicable Program Policies, may result in their forfeiture.
As a security measure, we may, but are not required to, impose transaction limits on some or all customers and sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to you: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a customer to withdraw from a transaction because an Amazon Site or Service is unavailable following the commencement of a transaction.
Term and Termination.
The term of this Agreement will start on the date of your completed registration for use of a Service and continue until terminated by us or you as provided below. You may at any time terminate your use of any Service immediately on notice to us via Seller Central, email, the Contact Us form, or similar means. We may terminate your use of any Services or terminate this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your use of any Services immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent, or illegal activity; or (c) your use of the Services has harmed, or our controls identify that it might harm, other sellers, customers, or Amazon’s legitimate interests. We will promptly notify you of any such termination or suspension via email or similar means including Seller Central, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination, and (e) Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, and 18 of these General Terms survive.
You grant us a royalty-free, non-exclusive, worldwide right and license for the duration of your original and derivative intellectual property rights to use any and all of Your Materials for the Services or other Amazon product or service, and to sublicense the foregoing rights to our Affiliates and operators of Amazon Associated Properties; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using standard functionality made available to you via the applicable Amazon Site or Service); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e. g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).
Representations.
Each party represents and warrants that: (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the country in which the business is registered and that you are registering for the Service(s) within such country; (b) it has all requisite right, power, and authority to enter into this Agreement, perform its obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by one party to the other party or its Affiliates is at all times accurate and complete; (d) it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e. g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority; and (e) it will comply with all applicable Laws in performance of its obligations and exercise of its rights under this Agreement.
Indemnification.
6.1 Your indemnification obligations. You will defend, indemnify, and hold harmless Amazon, and our officers, directors, employees, and agents, against any third-party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to (a) your non-compliance with applicable Laws; (b) Your Products, including the offer, sale, fulfillment (except to the extent attributable to the FBA service), refund, cancellation, return, or adjustments thereof, Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by Amazon), or property damage related thereto; (c) Your Taxes and duties or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or (d) actual or alleged breach of any representations you have made.
6.2 Amazon’s indemnification obligations. Amazon will defend, indemnify, and hold harmless you and your officers, directors, employees, and agents against any third-party Claim arising from or related to: (a) Amazon’s non-compliance with applicable Laws; or (b) allegations that the operation of an Amazon store infringes or misappropriates that third party’s intellectual property rights.
6.3 Process. If any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable Law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.
Disclaimer & General Release.
A. THE AMAZON SITES AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU USE THE AMAZON SITES, THE SERVICES, AND SELLER CENTRAL AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE AMAZON SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS.
B. BECAUSE AMAZON IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES AMAZON (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Limitation of Liability.
We WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), OR OTHERWISE) TO YOU OR ANY OTHER PERSON FOR COST OF COVER, RECOVERY, OR RECOUPMENT OF ANY INVESTMENT MADE BY YOU OR YOUR AFFILIATES IN CONNECTION WITH THIS AGREEMENT, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, OR DATA OR PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF AMAZON HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE COSTS OR DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED WILL NOT EXCEED AT ANY TIME THE TOTAL AMOUNTS DURING THE PRIOR SIX MONTH PERIOD PAID BY YOU TO AMAZON IN CONNECTION WITH THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM.
If the gross proceeds from Your Transactions exceed the applicable Insurance Threshold during each month over any period of three (3) consecutive months, or otherwise if requested by us, then within thirty (30) days thereafter, you will maintain at your expense throughout the remainder of the Term for each applicable Elected Country commercial general, umbrella or excess liability insurance with the Insurance Limits per occurrence and in aggregate covering liabilities caused by or occurring in conjunction with the operation of your business, including products, products/completed operations and bodily injury, with policy(ies) naming Amazon and its assignees as additional insureds. At our request, you will provide to us certificates of insurance for the coverage to the following address: c/o Amazon, P. O. Box 81226, Seattle, WA 98108-1226, Attention: Risk Management.
As between the parties, you will be responsible for the collection, reporting, and payment of any and all of Your Taxes, except to the extent that (i) Amazon automatically calculates, collects, or remits taxes on your behalf according to applicable law; or (ii) Amazon expressly agrees to receive taxes or other transaction-based charges on your behalf in connection with tax calculation services made available by Amazon and used by you. You agree to and will comply with the Tax Policies. All fees and payments payable by you to Amazon under this Agreement or the applicable Service Terms are exclusive of any applicable taxes, deductions or withholding (including but not limited to cross-border withholding taxes), and you will be responsible for paying Amazon any of Your Taxes imposed on such fees and any deduction or withholding required on any payment.
Confidentiality and Personal Data.
During the course of your use of the Services, you may receive Confidential Information. You agree that for the term of the Agreement and 5 years after termination: (a) all Confidential Information will remain Amazon's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not otherwise disclose Confidential Information to any other Person except as required to comply with the Law; (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (e) you will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfill your statutory obligations (e. g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfillment of statutory obligations. The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way. You may only use the Amazon Mark as defined in and according to the Trademark Usage Guidelines available in Seller Central; you may not use our name, trademarks, or logos in any way (including in promotional material) not covered by the Trademark Usage Guidelines without our advance written permission.
Generally, you may not use customer personal data in any way inconsistent with applicable Law. You must keep customer personal data confidential at all times (the above 5 years’ term limit does not apply to customer personal data).
We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.
Relationship of Parties.
Subject to the Transaction Processing Service Terms (if the Elected Country for a Service is the United States), you and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions in this Agreement are intended to be and are for the sole and exclusive benefit of Amazon, you, and customers. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.
Suggestions and Other Information.
If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to any Amazon Site or Service (including any related Technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. If we make suggestions on using the Services, you are responsible for any actions you take based on our suggestions.
15.1. We will provide at least 15 days’ advance notice in accordance with Section 18 for changes to the Agreement.
15.2 However, we may change or modify the Agreement at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or (c) to restrict products or activities that we deem unsafe, inappropriate, or offensive. We will notify you about any change or modification in accordance with Section 18.
15.3 Your continued use of the Services after the effective date of any change to this Agreement in accordance with this Section 15 will constitute your acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement as described in Section 3.
Password Security.
Any password we provide to you may be used only during the Term to access Seller Central (or other tools we provide, as applicable) to use the Services, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.
You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority.
The Governing Laws will govern this Agreement, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. If the Elected Country is the United States, Canada, or Mexico, Amazon and you both consent that any dispute with Amazon or its Affiliates or claim relating in any way to this Agreement or your use of the Services will be resolved by binding arbitration as described in this paragraph, rather than in court, except that (i) you may assert claims in a small claims court that is a Governing Court if your claims qualify and (ii) you or we may bring suit in the Governing Courts, submitting to the jurisdiction of the Governing Courts and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. Before you may begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, CSC Services of Nevada, Inc., 112 N Curry Street, Carson City, NV 89703. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. The expedited procedures of the AAA’s rules will apply only in cases seeking exclusively monetary relief under $50,000, and in such cases the hearing will be scheduled to take place within 90 days of the arbitrator’s appointment. Likewise, Amazon will not seek attorneys' fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. Amazon and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Amazon and you each waive any right to a jury trial.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void; provided, however, that upon notice to Amazon, you may assign or transfer this Agreement, in whole or in part, to any of your Affiliates as long as you remain liable for your obligations that arose prior to the effective date of the assignment or transfer under this Agreement. You agree that we may assign or transfer our rights and obligations under this Agreement: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transaction; or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for Amazon as the party to this Agreement. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Amazon retains the right to immediately halt any of Your Transactions, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited by applicable Program Policies. Because Amazon is not your agent (except for the limited purpose set out in the Transaction Processing Service Terms (if the Elected Country for a Service is the United States)), or the customer’s agent for any purpose, Amazon will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction.
Amazon will provide notice to you under this Agreement by posting changes to Seller Central or to the applicable Amazon Services site to which the changes relate (such as the Developer Site accessible through your account), by sending you an email notification, or by similar means. You must send all notices and other communications relating to Amazon to our Selling Partner Support team via Seller Central, email, the Contact Us form, or similar means. We may also communicate with you electronically and in other media, and you consent to such communications. You may change your e-mail addresses and certain other information in Seller Central, as applicable. You will ensure that all of your information is up to date and accurate at all times.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. If the Elected Country is Canada, then it is the express wish of the parties that this Agreement and the applicable Service Terms and Program Policies have been drafted in English. (The following is a French translation of the preceding sentence: Si le pays de service est le Canada, les parties conviennent que la présente autorisation et tous les termes et conditions applicables s'y rattachant soient rédigés en anglais.) We may make available translations to this Agreement and the applicable Service Terms and Program Policies, but the English version will control. This Agreement represents the entire agreement between the parties with respect to the Services and related subject matter and supersedes any previous or contemporaneous oral or written agreements and understandings.
Definitions
As used in this Agreement, the following terms have the following meanings:
"Affiliate" means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity.
"Amazon Associated Properties" means any website or other online point of presence, mobile application, service or feature, other than an Amazon Site, through which any Amazon Site, or products or services available on any of them, are syndicated, offered, merchandised, advertised, or described.
"Amazon Contracting Party" means the party outlined below.
If the Elected Country is Canada:
Service
Amazon Contracting Party
Selling on Amazon
Servicios Comerciales Amazon México S. de R. L. de C. V.
Fulfillment by Amazon
Servicios Comerciales Amazon México S. de R. L. de C. V.
Servicios Comerciales Amazon México S. de R. L. de C. V.
If the Elected Country is the United States:
means, as applicable, the CA Amazon Site, the MX Amazon Site, or the US Amazon Site.
"CA Amazon Site" means the website, the primary home page of which is identified by the url www. amazon. ca, and any successor or replacement of such website.
"Confidential Information" means information relating to us, to the Services, or Amazon customers that is not known to the general public including, but not limited to, any information identifying or unique to specific customers; reports, insights, and other information about the Services; data derived from the Services except for data (other than customer personal data) arising from the sale of your products comprising of products sold, prices, sales, volumes and time of the transaction; and technical or operational specifications relating to the Services. For the purposes of this Agreement, customer personal data constitutes Confidential Information at all times.
"Content" means copyrightable works under applicable Law and content protected by database rights under applicable Law.
"Excluded Products" means the items described on the applicable Restricted Products pages in Seller Central, any other applicable Program Policy, or any other information made available to you by Amazon.
"Governing Courts" means the applicable one of the following:
the state or Federal court in King County, Washington (if the Elected Country is Canada, Mexico, or the United States),
"Governing Laws" means the applicable one of the following:
the laws of the State of Washington, United States together with the Federal Arbitration Act and other applicable federal law (if the Elected Country is Canada, Mexico, or the United States),
"Insurance Limits" means the applicable one of the following:
One Million Canadian Dollars ($1,000,000) (if the Elected Country is Canada), Ten Million Mexican Pesos ($10,000,000) (if the Elected Country is Mexico), One Million U. S. Dollars ($1,000,000) (if the Elected Country is the United States).
"Insurance Threshold" means the applicable one of the following:
Ten Thousand Canadian Dollars ($10,000) (if the Elected Country is Canada), One Hundred Thousand Mexican Pesos ($100,000) (if the Elected Country is Mexico), Ten Thousand U. S. Dollars ($10,000) (if the Elected Country is the United States).
"Intellectual Property Right" means any patent, copyright, Trademark, domain name, moral right, trade secret right, or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.
"Law" means any law, ordinance, rule, regulation, order, license, permit, judgment, decision, or other requirement, now or in the future in effect, of any governmental authority (e. g., on a federal, state, or provincial level, as applicable) of competent jurisdiction.
"Local Currency" means the applicable one of the following:
U. S. Dollars (if the Elected Country is the United States), Canadian Dollars (if the Elected Country is Canada), Mexican Pesos (if the Elected Country is Mexico),
"MX Amazon Site" means the website, the primary home page of which is identified by the url www. amazon. com. mx, and any successor or replacement of such website.
"Optional Coverage Plans" means warranties, extended service plans and related offerings, in each case as determined by us, that you offer.
"Order Information" means, with respect to any of Your Products ordered through an Amazon Site, the order information and shipping information that we provide or make available to you.
"Person" means any individual, corporation, partnership, limited liability company, governmental authority, association, joint venture, division, or other cognizable entity, whether or not having distinct legal existence.
"Program Policies" means all policies and program terms provided on the Program Policies page.
"Sales Proceeds" means the gross proceeds from any of Your Transactions, including (a) all shipping and handling, gift wrap and other charges; (b) taxes and customs duties to the extent specified in the applicable Tax Policies; and (c) in the case of invoiced orders, any amounts that customers fail to pay to us or our Affiliates on or before the applicable invoice due date.
"Seller Central" means the online portal and tools made available by Amazon to you, for your use in managing your orders, inventory, and presence on a particular Amazon Site or any other online point of presence.
"Service" means each of the following services: Selling on Amazon, Fulfillment by Amazon, Amazon Advertising (including Amazon Sponsored Products), the Selling Partner APIs, and, if the Elected Country for a Service is the United States, the Transaction Processing Services, together in each case with any related services and materials we make available.
"Service Terms" means the service terms applicable to each Service, which are made part of this Agreement upon the date you elect to register for or use the applicable Service, and any subsequent modifications we make to those terms.
"Technology" means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology, or other functional item.
"Trademark" means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia, or any other source or business identifier, protected or protectable under any Laws.
"US Amazon Site" means that website, the primary home page of which is identified by the URL www. amazon. com, and any successor or replacement of such website.
"Your Materials" means all Technology, Your Trademarks, Content, Your Product information, data, materials, and other items or information provided or made available by you or your Affiliates to Amazon or its Affiliates.
"Your Personnel" means any third party warranting, administering or otherwise involved in the offer, sale, performance, or fulfillment of Your Products, including any of your employees, representatives, agents, contractors, or subcontractors.
"Your Product" means any product or service (including Optional Coverage Plans) that you: (a) have offered through the Selling on Amazon Service; (b) have made available for advertising through the Amazon Advertising Service; or (c) have fulfilled or otherwise processed through the Fulfillment by Amazon Service.
"Your Sales Channels" means all sales channels and other means through which you or any of your Affiliates offers products or services, other than physical stores.
"Your Taxes" means any and all sales, goods and services, use, excise, premium, import, export, value added, consumption, and other taxes, regulatory fees, levies (specifically including environmental levies), or charges and duties assessed, incurred, or required to be collected or paid for any reason (a) in connection with any advertisement, offer or sale of products or services by you on or through or in connection with the Services; (b) in connection with any products or services provided for which Your Products are, directly or indirectly, involved as a form of payment or exchange; or (c) otherwise in connection with any action, inaction, or omission of you or your Affiliates, or any Persons providing products or services, or your or their respective employees, agents, contractors, or representatives, for which Your Products are, directly or indirectly, involved as a form of payment or exchange. Also, if the Elected Country is the United States, Mexico, or Canada as it is used in the Fulfillment by Amazon Service Terms, this defined term also means any of the types of taxes, duties, levies, or fees mentioned above that are imposed on or collectible by Amazon or any of its Affiliates in connection with or as a result of fulfillment services including the storage of inventory or packaging of Your Products and other materials owned by you and stored by Amazon, shipping, gift wrapping, or other actions by Amazon in relation to Your Products pursuant to the Fulfillment by Amazon Service Terms.
"Your Trademarks" means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.
"Your Transaction" means any sale of Your Product(s) through an Amazon Site.
Selling on Amazon Service Terms
The Selling on Amazon Service ("Selling on Amazon") is a Service that allows you to offer certain products and services directly on the Amazon Sites.
These Selling on Amazon Service Terms are part of the Agreement, but, unless specifically provided otherwise, concern and apply only to your participation in Selling on Amazon. BY REGISTERING FOR OR USING THE SELLING ON AMAZON SERVICE, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THESE SELLING ON AMAZON SERVICE TERMS. NOTWITHSTANDING THE PREVIOUS SENTENCE, IF YOU HAVE ENTERED INTO A SEPARATE AGREEMENT THAT PERMITS YOU TO OFFER YOUR PRODUCTS THROUGH A PARTICULAR AMAZON SITE (E. G., A MERCHANTS@ AMAZON. COM PROGRAM AGREEMENT, MERCHANTS @AMAZON. CO. JP PROGRAM AGREEMENT OR ANY PREDECESSOR OF THOSE AGREEMENTS), THEN TO THE EXTENT THAT YOU CONTINUE TO LIST AND SELL YOUR PRODUCTS ON THAT AMAZON SITE PURSUANT TO SUCH SEPARATE AGREEMENT, TRANSACTIONS OF YOUR PRODUCTS ON THAT AMAZON SITE AND ANY TAX SERVICES WE MAKE AVAILABLE UNDER THAT AGREEMENT ARE GOVERNED BY THE TERMS OF THAT AGREEMENT AND NOT BY THESE SELLING ON AMAZON SERVICE TERMS.
S-1 Your Product Listings and Orders.
S-1.1 Products and Product Information. You will provide accurate and complete Required Product Information for each product or service that you offer through any Amazon Site and promptly update that information as necessary to ensure it at all times remains accurate and complete. You will also ensure that Your Materials, Your Products (including packaging) and your offer and subsequent sale of any of the same on any Amazon Site comply with all applicable Laws (including all minimum age, marking and labeling requirements) and do not contain any sexually explicit (except to the extent expressly permitted under our applicable Program Policies), defamatory or obscene materials. You may not provide any information for, or otherwise seek to offer any Excluded Products on any Amazon Sites; or provide any URL Marks for use, or request that any URL Marks be used, on any Amazon Site. If you offer a product for sale on an Amazon Site that requires a warning under California Health & Safety Code Section 25249.6 (a “Proposition 65 Warning”) you (a) will provide us with such warning in the manner specified in our Program Policies, (b) agree that our display of a Proposition 65 Warning on a product detail page is confirmation of our receipt of that warning, and (c) will only revise or remove a Proposition 65 Warning for a product when the prior warning is no longer legally required.
S-1.2 Product Listing; Merchandising; Order Processing. We will enable you to list Your Products on a particular Amazon Site, and conduct merchandising and promote Your Products in accordance with the Agreement (including via the Amazon Associated Properties or any other functions, features, advertising, or programs on or in connection with the applicable Amazon Site). We may use mechanisms that rate, or allow shoppers to rate, Your Products and your performance as a seller and Amazon may make these ratings and feedback publicly available. We will provide Order Information to you for each order of Your Products through the applicable Amazon Site. We will also receive all Sales Proceeds on your behalf for each of these transactions and will have exclusive rights to do so, and will remit them to you in accordance with these Selling on Amazon Service Terms. We may permit certain customers to place invoiced orders for Your Products, in which case remittance of Sales Proceeds may be delayed according to each customer’s invoicing terms. You will accept and fulfill invoiced orders in the same manner as you accept and fulfill non-invoiced orders, except as otherwise provided in this Agreement.
S-1.3 Shipping and Handling Charges. For Your Products ordered by customers on or through an Amazon Site that are not fulfilled using Fulfillment by Amazon, you will determine the shipping and handling charges subject to our Program Policies and standard functionality (including any category-based shipping and handling charges we determine, such as for products offered by sellers on the Individual selling plan and BMVD Products generally). When we determine the shipping and handling charges, you will accept them as payment in full for your shipping and handling. Please refer to the Fulfillment by Amazon Service Terms for Your Products that are fulfilled using Fulfillment by Amazon.
S-1.4 Credit Card Fraud and Unpaid Invoices. We will bear the risk of (a) credit card fraud (i. e., a fraudulent purchase arising from the theft and unauthorized use of a third party's credit card information) occurring in connection with Your Transactions, and (b) late payments or defaults by customers in connection with invoiced orders for Your Products, except, in each case, in connection with Seller-Fulfilled Products that are not fulfilled strictly in accordance with the Order Information and Shipment Information. You will bear all other risk of fraud or loss.
S-2 Sale and Fulfillment; Refunds and Returns.
S-2.1 Sale and Fulfillment. Other than as described in the Fulfillment by Amazon Service Terms for each Amazon Site for which you decide to register or use the Selling on Amazon Service, you will: (a) source, offer, sell and fulfill your Seller-Fulfilled Products, and source and, offer and sell your Amazon-Fulfilled Products, in each case in accordance with the terms of the applicable Order Information, this Agreement, and all terms provided by you or us and displayed on the applicable Amazon Site at the time of the order and be solely responsible for and bear all risk for those activities; (b) package each of Your Products in a commercially reasonable manner complying with all applicable packaging and labeling requirements and ship each of Your Products on or before its Expected Ship Date; (c) retrieve Order Information at least once each business day; (d) only cancel Your Transactions as permitted pursuant to your terms and conditions appearing on the applicable Amazon Site at the time of the applicable order or as may be required under this Agreement; (e) fulfill Your Products throughout the Elected Country (except to the extent prohibited by Law or this Agreement); (f) provide to Amazon information regarding fulfillment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, and we may make any of this information publicly available; (g) comply with all Street Date instructions; (h) ensure that you are the seller of each of Your Products; (i) include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of Your Products; (j) identify yourself as the seller of each of Your Products on all packing slips or other information included or provided in connection with Your Products and as the Person to which a customer may return the applicable product; and (k) not send customers emails confirming orders or fulfillment of Your Products. If any of Your Products are fulfilled using Fulfillment by Amazon, the Fulfillment by Amazon Service Terms for the applicable Amazon Site will apply to the storage, fulfillment, and delivery of such Amazon-Fulfilled Products.
S-2.2 Cancellations, Returns, and Refunds. The Amazon Refund Policies for the applicable Amazon Site will apply to Your Products. Subject to Section F-6, for any of Your Products fulfilled using Fulfillment by Amazon, you will promptly accept, calculate, and process cancellations, returns, refunds, and adjustments in accordance with this Agreement and the Amazon Refund Policies for the applicable Amazon Site, using functionality we enable for your account. Without limiting your obligations, we may in our sole discretion accept, calculate, and process cancellations, returns, refunds, and adjustments for the benefit of customers. You will route any payments to customers in connection with Your Transactions through Amazon. We will make any payments to customers in the manner we determine, and you will reimburse us for all amounts we pay.
S-3 Problems with Your Products.
S-3.1 Delivery Errors and Nonconformities; Recalls. You are responsible for any non-performance, non-delivery, misdelivery, theft, or other mistake or act in connection with the fulfillment of Your Products, except to the extent caused by: (a) credit card fraud for which we are responsible under Section S-1.4; or (b) our failure to make available to you Order Information as it was received by us or resulting from address verification. Notwithstanding the previous sentence, for those of Your Products that are fulfilled using Fulfillment by Amazon, if any, the Fulfillment by Amazon Service Terms for the applicable Amazon Site will apply to non-delivery, misdelivery, theft, or other mistake or act in connection with the fulfillment of those of Your Products. You are also responsible for any non-conformity or defect in, any public or private recall of, or safety alert of any of Your Products or other products provided in connection with Your Products. You will notify us promptly as soon as you have knowledge of any public or private recalls, or safety alerts of Your Products or other products provided in connection with Your Products.
S-3.2 A-to-z Guarantee and Chargebacks. If we inform you that we have received or initiated a claim under the "A-to-z Guarantee" offered on a particular Amazon Site or other dispute relating to the offer, sale or fulfillment of Your Products (other than a chargeback), concerning one of Your Transactions, you will have 30 days to appeal our decision of the claim. If we find that a claim, chargeback, or dispute is your responsibility, you (a) will not take recourse against the customer, and (b) are responsible for reimbursing us in accordance with the Service Fee Payments section of this Agreement for the amount paid by the customer (including taxes and shipping and handling charges, but excluding any Referral Fees that we retained as defined in Section S-4), and all other fees and expenses associated with the original transaction (such as credit card, bank, payment processing, re-presentment, or penalty fees) and any related chargebacks or refunds, to the extent payable by us.
S-4 Compensation.
You will pay us: (a) the applicable Referral Fees; (b) any applicable Variable Closing Fee; (c) the non-refundable Selling on Amazon Subscription Fee in advance each month; and (d) any other applicable fees described in this Agreement (including any applicable Program Policies). "Selling on Amazon Subscription Fee" means the fee specified as such on the Selling on Amazon Fee Schedule for the applicable Amazon Site at the time such fee is payable. With respect to each of Your Transactions: (i) "Sales Proceeds" has the meaning set out in this Agreement; (ii) "Variable Closing Fee" means the applicable fee, if any, as specified on the Variable Closing Fee Schedule for the applicable Amazon Site; and (iii) "Referral Fee" means the applicable fee based on the Sales Proceeds from Your Transaction through the applicable Amazon Site specified on the Selling on Amazon Fee Schedule for that Amazon Site at the time of Your Transaction, based on the categorization by Amazon of the type of product that is the subject of Your Transaction; provided, however, that Sales Proceeds will not include any shipping charges set by us in the case of Your Transactions that consist solely of products fulfilled using Fulfillment by Amazon.
S-5 Remittance of Sales Proceeds & Refunds.
Except as otherwise stated in this Agreement, we will remit to you your available balance on a bi-weekly (14 day) (or at our option, more frequent) basis, which may vary for each Elected Country. For each remittance, your available balance is equal to any Sales Proceeds not previously remitted to you as of the applicable Remittance Calculation Date (which you will accept as payment in full for Your Transactions), less: (a) the Referral Fees; (b) the applicable Variable Closing Fee; (c) any Selling on Amazon Subscription Fees; (d) any other applicable fees described in this Agreement (including any applicable Program Policies); (e) any amounts we require you to maintain in your account balance pursuant to this Agreement (including payments withheld pursuant to Section 2 of the General Terms, Section S-1.4, and applicable Program Policies); and (f) any taxes that Amazon automatically calculates, collects and remits to a tax authority according to applicable law, as specified in the Tax Policies.
We may establish a reserve on your account based on our assessment of risks to Amazon or third parties posed by your actions or performance, and we may modify the amount of the reserve from time to time at our sole discretion.
When you either initially provide or later change Your Bank Account information, the Remittance Calculation Date may be deferred by up to 14 days. For sellers that registered after October 30, 2011 and are on the Individual selling plan, the remittance amount will not include Sales Proceeds from the 14-day period before the date of remittance. If you refund money to a customer in connection with one of Your Transactions, and the refund is routed through us (or our Affiliate), on the next available Remittance Calculation Date we will refund to you the amount of the Referral Fee paid by you to us attributable to the amount of the customer refund (including refunded taxes and customs duties only to the extent specified in the applicable Tax Policies), less the Refund Administration Fee for each of Your Products refunded that is not a BMVD Product, which amount we may retain as an administrative fee; provided, however, that in the case of a complete refund of Sales Proceeds for a Media Product, we will refund to you the full amount of any Variable Closing Fee paid by you to us (and in the case of a partial refund of Sales Proceeds for a Media Product, we will not refund to you any portion of any Variable Closing Fee paid by you to us). We will remit any amounts to be refunded by us pursuant to this subsection from time to time together with the next remittance to be made by us to you. “Refund Administration Fee” means the applicable fee described on the Refund Administration Fee Schedule for the applicable Amazon Site.
Net Sales Proceeds from non-invoiced orders will be credited to your available balance when they are received by us or our Affiliates. Sales Proceeds from invoiced orders will be credited to your available balance: (a) if you have elected in advance to pay a fee to accelerate remittance of Sales Proceeds from invoiced orders, on the day all of Your Products included in an invoiced orders are shipped; or (b) otherwise, no later than the seventh day following the date that an invoiced order becomes due.
S-6 Amazon’s Websites and Services.
Amazon has the right to determine, the design, content, functionality, availability and appropriateness of its websites, selection, and any product or listing in the Amazon Stores, and all aspects of each Service, including your use of the same. Amazon may assign any of these rights or delegate any of its responsibilities.
S-7 Continuing Guarantees
Guarantees. We require the following continuing guarantees from you.
S-7.1 Pesticides. If any of Your Products is a “pesticide” being offered or sold in the United States or other product regulated under the US Federal Insecticide, Fungicide, and Rodenticide Act (“FIFRA”) or its implementing regulations, then you provide to us the following continuing guaranty that: (a) you are a resident of the United States; and (b) with respect to each such product, the pesticides and other FIFRA regulated products comprising each sale, shipment, or other delivery made previously or hereafter are: (i) lawfully registered with the US Environmental Protection Agency at the time of sale, shipment, or delivery, or fully qualified for a specific exemption from the FIFRA registration requirements at the time of sale, shipment, or delivery, (ii) compliant with all requirements of FIFRA and its implementing regulations at the time of sale, shipment, or delivery, and (iii) provided by you in the original, unbroken packaging.
Selling on Amazon Definitions
"Amazon-Fulfilled Products" means any of Your Products that are fulfilled using the Fulfillment by Amazon Service.
"Amazon Refund Policies" means the return and refund policies published on the applicable Amazon Site and applicable to products and services offered via that Amazon Site.
"BMVD Product" means any book, magazine or other publication, sound recording, video recording, and/or other media product in any format, including any subscription, in each case excluding any software product, computer game, and/or video game.
"Excluded Offer" means any discount, rebate, promotional offer, or other term of offer and/or sale that you: (a) have attempted to make available through a particular Amazon Site but that we do not honor or support (but only until such time as we honor or support the same on such Amazon Site); or (b) make available solely to third parties that either (i) purchase products solely for resale and who are not end users of such products (i. e., wholesale purchasers), or (ii) if the Elected Country is Canada, Mexico, or the United States, have affirmatively elected and opted-in to participate in your or one of your Affiliates' membership-based customer loyalty or customer incentive programs.
"Expected Ship Date" means, with respect to any of Your Products, either: (a) the end of the shipping availability period (which begins as of the date on which the relevant order is placed by the customer), or the shipping availability date, as applicable, specified by you in the relevant inventory/product data feed for Your Product; or (b) if you do not specify shipping availability information in such inventory/product data feed or that Your Product is in a product category that Amazon designates as requiring shipment within two (2) business days, two (2) business days after the date on which the relevant order is placed by the customer.
"Media Product" means any book, magazine or other publication, sound recording, video recording, software product, computer game, videogame, or other media product in any format, including any related subscription, offered through an Amazon Site.
"Purchase Price" means the total amount payable or paid for Your Product (including taxes and shipping and handling charges only to the extent specified in the applicable Tax Policies).
"Remittance Calculation Date" is the date that is two (2) business days prior to the date of remittance (the "Remittance Calculation Date").
"Required Product Information" means, with respect to each of Your Products in connection with a particular Amazon Site, the following (except to the extent expressly not required under the applicable Program Policies): (a) description, including as applicable, location-specific availability and options, scheduling guidelines and service cancellation policies; (b) SKU and UPC/EAN/JAN numbers, and other identifying information as Amazon may reasonably request; (c) information regarding in-stock status and availability, shipping limitations or requirements, and Shipment Information (in each case, in accordance with any categorizations prescribed by Amazon from time to time); (d) categorization within each Amazon product category and browse structure as prescribed by Amazon from time to time; (e) digitized image that accurately depicts only Your Product, complies with all Amazon image guidelines, and does not include any additional logos, text or other markings; (f) Purchase Price; (g) shipping and handling charge (in accordance with our standard functionality); (h) any text, disclaimers, warnings, notices, labels, warranties, or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising, or sale of Your Product; (i) any vendor requirements, restocking fees or other terms and conditions applicable to such product that a customer should be aware of prior to purchasing the product; (j) brand; (k) model; (l) product dimensions; (m) weight; (n) a delimited list of technical specifications; (o) SKU and UPC/EAN/JAN numbers (and other identifying information as we may reasonably request) for accessories related to Your Product that is available in our catalog; (p) the state or country Your Product ships from; and (q) any other information reasonably requested by us (e. g., the condition of used or refurbished products; and invoices and other documentation demonstrating the safety and authenticity of Your Products).
"Seller-Fulfilled Products" means any of Your Products that are not fulfilled using the Fulfillment by Amazon Service.
"Shipment Information" means, with respect to any of Your Products, the estimated or promised shipment and delivery date.
"Street Date" means the date(s), if any, specified by the manufacturer, distributor, and/or licensor of a product as the date before which specified information regarding such product (e. g., title of a book) should not be disclosed publicly, or such product should not be delivered or otherwise made available to customers.
"URL Marks" means any Trademark, or any other logo, name, phrase, identifier, or character string, that contains or incorporates any top level domain (e. g., .com, .edu, .ca, .fr, .jp) or any variation of a top level domain (e. g., dot com, dotcom, net, or com).
"Your Transaction" is defined in the General Terms of this Agreement; however, as used in these Selling on Amazon Service Terms, it means any and all such transactions through Selling on Amazon only.
Fulfillment by Amazon Service Terms
Fulfillment by Amazon ("FBA") provides fulfillment and associated services for Your Products.
These FBA Service Terms are part of the Agreement, and, unless specifically provided otherwise, concern and apply only to your participation in FBA. BY REGISTERING FOR OR USING FBA, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THESE FBA SERVICE TERMS. You expressly agree that Amazon may engage its Affiliate(s) or a third party in order to complete one or more of the fulfillment and associated services outlined below.
Fulfillment Services
F-1 Your Products
Once you are accepted into FBA, you must apply to register each product you offer that you wish to include in the FBA program. We may refuse registration in FBA of any product, including on the basis that it is an FBA Excluded Product or that it violates applicable Program Policies. You may at any time withdraw registration of any of Your Products from FBA.
F-2 Product and Shipping Information
You will, in accordance with applicable Program Policies, provide accurate and complete information about Your Products registered in FBA, and will provide Fulfillment Requests for any Units fulfilled using FBA that are not sold through an Amazon Site ("Multi-Channel Fulfillment Units"). You will promptly update any information about Your Products in accordance with our requirements and as necessary so that the information is at all times accurate and complete.
F-3 Shipping to Amazon
F-3.1 Except as otherwise provided in Section F-3.4 and Section F-5, FBA is limited to Units that are shipped to and from fulfillment centers located within the applicable Elected Country, to be delivered to customers in the same Elected Country only. You will ship Units to us in accordance with applicable Program Policies. You will be responsible for all costs incurred to ship the Units to the shipping destination (including costs of freight and transit insurance) and Amazon will not pay any shipping costs. You are responsible for payment of all customs, duties, taxes, and other charges. In the case of any improperly packaged or labeled Unit, we may return the Unit to you at your expense (pursuant to Section F-7) or re-package or re-label the Unit and charge you an administrative fee.
F-3.2 You will not deliver to us, and we may refuse to accept, any shipment or Unsuitable Unit.
F-3.3 We may, at our option, allow you to ship Units at your expense (as described in Section F-9.2) to fulfillment centers using discounted shipping rates that we may make available to you for certain carriers. In such event, you will use the processes and supply the information that we require for you to obtain such discounted rates. You also must comply with standard operating procedures, weight and size restrictions, and other shipping requirements of the applicable carriers. If we provide you with the estimated shipping costs prior to shipment, you acknowledge and agree that actual shipping costs may vary from such estimates. In addition, if the weight of the Unit, as determined by the applicable carrier, differs from that submitted by you to us for purposes of determining the estimated shipping costs, then: (a) you may be charged more than the estimated shipping costs if the carrier determines that such Unit weighs more than as submitted by you; or (b) you may be charged the full amount of the estimated shipping costs even if the carrier determines the weight to be less than that submitted by you. You will not use carrier account information (e. g., carrier account number, amount of shipping rates, etc.) for any purpose, nor disclose such information to any third party, and you will protect such information as Amazon's confidential information in accordance with Section 11 of the General Terms of this Agreement. As between you, us, and the applicable carrier, you will be the shipper of record, and we will make payment to the carrier with respect to the shipment of all Units using such discounted rates. Title and risk of loss for any Unit shipped using discounted rates provided by us under this Section will remain with you, and our provision of such shipping rates will not create any liability or responsibility for us with respect to any delay, damage, or loss incurred during shipment. You authorize the applicable carrier to provide us with all shipment tracking information.
F-3.4 If you ship Units from outside the applicable Elected Country to fulfillment centers, you will list yourself as the importer/consignee and nominate a customs broker. If Amazon is listed on any import documentation, Amazon reserves the right to refuse to accept the Units covered by the import documents and any costs assessed against or incurred by Amazon will be collected from Your Bank Account, deducted from amounts payable to you, or by other method at our election.
F-4 Storage
We will provide storage services as described in these FBA Service Terms once we confirm receipt of delivery. We will keep electronic records that track inventory of Units by identifying the number of Units stored in any fulfillment center. We will not be required to physically mark or segregate Units from other inventory units (e. g., products with the same Amazon standard identification number) owned by us, our Affiliates or third parties in the applicable fulfillment center(s). If we elect to commingle Units with such other inventory units, both parties agree that our records will be sufficient to identify which products are Units. We may move Units among facilities. If there is a loss of or damage to any Units while they are being stored, we will, compensate you in accordance with the FBA Guidelines, and you will, at our request, provide us a valid tax invoice for the compensation paid to you. If we compensate you for a Unit, we will be entitled to dispose of the Unit pursuant to Section F-7. At all other times, you will be solely responsible for any loss of, or damage to, any Units. Our confirmed receipt of delivery does not: (a) indicate or imply that any Unit has been delivered free of loss or damage, or that any loss or damage to any Unit later discovered occurred after confirmed receipt of delivery; (b) indicate or imply that we actually received the number of Units of Your Product(s) specified by you for such shipment; or (c) waive, limit, or reduce any of our rights under this Agreement. We reserve the right to change scheduling restrictions and volume limitations on the delivery and storage of your inventory in fulfillment centers in accordance with Section 15 of the General Terms, and you will comply with any of these restrictions or limitations.
F-5 Fulfillment
As part of our fulfillment services, we will ship Units from our inventory of Your Products to the shipping addresses in the Elected Country included in valid customer orders, or submitted by you as part of a Fulfillment Request. We may ship Units together with products purchased from other merchants, including any of our Affiliates. We also may ship Units separately that are included in a single Fulfillment Request. If you participate in our export fulfillment services, we will also ship Your Products that we determine to be eligible (each, a "Foreign-Eligible Product") to Foreign Addresses within countries we determine to be eligible for foreign shipments, subject to the additional terms on foreign shipments in the applicable FBA Guidelines.
F-6 Customer Returns
F-6.1 You will be responsible for and will accept and process returns of, and provide refunds and adjustments for, any Multi-Channel Fulfillment Units in accordance with the Agreement (including the applicable Program Policies).
F-6.2 We will receive and process returns of any Amazon Fulfillment Units that were shipped to addresses within the Elected Country in accordance with the terms of your Seller Agreement, these FBA Service Terms, and the Program Policies. Any Sellable Units that are also Amazon Fulfillment Units and that are properly returned will be placed back into the inventory of Your Products in the FBA Program. We may fulfill customer orders for Your Products with any returned Amazon Fulfillment Units. Except as provided in Section F-7, you will retake title of all Units that are returned by customers.
F-6.3 Subject to Section F-7, we will, at your direction, either return or dispose of any Unit that is returned to us by a customer and that we determine is an Unsuitable Unit.
F-6.4 If Amazon receives a customer return of a Multi-Channel Fulfillment Unit, you will direct us to return or dispose of the Unit at your own cost failing which we may dispose of the Unit as provided in Section F-7.
F-7 Returns to You and Disposal
F-7.1 You may, at any time, request that Units be returned to you or that we dispose of Units.
F-7.2 We may with notice return Units to you, including upon termination of these FBA Service Terms. Returned Units will be sent to your designated shipping address. However, if (a) the designated shipping address we have for you is outdated or incorrect, (b) you have not provided or, upon our request, confirmed a designated shipping address in the Elected Country, or (c) we cannot make arrangements for you to pay for the return shipment, then the Unit(s) will be deemed abandoned and we may elect to dispose of them as appropriate based on the inventory (e. g., by selling, recycling, donating, or destroying it) and retain any proceeds we may receive from the disposal.
We may dispose of any Unsuitable Unit (and you will be deemed to have consented to our action): (d) immediately if we determine that (i) the Unit creates a safety, health, or liability risk to Amazon, our personnel, or any third party; (ii) you have engaged in fraudulent or illegal activity; or (iii) we have cause to terminate your use of Services with immediate effect pursuant to Section 3 and are exposed to liability towards a third party; (e) if you fail to direct us to return or dispose of any Unsuitable Unit within thirty (30) days after we notify you that the Unit has been recalled; or (f) if you fail to direct us to return or dispose of any Unsuitable Unit within thirty (30) days (or as otherwise specified in the applicable Program Policies) after we notify you that its removal is required, for instance because your use of FBA is suspended or terminated or your seller account is suspended, terminated or closed. In addition, you will reimburse us for expenses we incur in connection with any Unsuitable Units.
F-7.3 You may, at any time, request that we dispose of Units. In this case, we may dispose of these Units as appropriate based on the inventory (e. g., by selling, recycling, donating, or destroying it) and retain any proceeds we may receive from the disposal. Title to each disposed Unit will transfer to us (or a third party we select such as a charity) at no cost, free and clear of any liens, claims, security interests or other encumbrances to the extent required to dispose of the Unit, and we may retain any proceeds, we may receive from the disposal.
F-7.4 You will promptly notify us of any recalls or potential recalls, or safety alerts of any of Your Products and cooperate and assist us in connection with any recalls or safety alerts, including by initiating the procedures for returning items to you under our standard processes. You will be responsible for all costs and expenses you, we or any of our or your Affiliates incur in connection with any recall or potential recall or safety alerts of any of Your Products (including the costs to return, store, repair, liquidate, or deliver to you or any vendor any of these products).
F-8 Customer Service
F-8.1 For Multi-Channel Fulfillment Units we will have no customer service obligations other than to pass any inquiries to your attention at the contact you provide, and to make available a reasonable amount of information regarding the status of the fulfillment of Your Products if you request it and if and to the extent we possess the requested information. You will ensure that all of your policies and messaging to your customers regarding shipping of Your Products and other fulfillment-related matters, reflect our policies and requirements, including with regard to shipping methods, returns, and customer service; and, you will conspicuously display on your website(s), in emails or in other media or communications any specific disclosures, messaging, notices, and policies we require.
F-8.2 We will be responsible for all customer service issues relating to packaging, handling and shipment, and customer returns, refunds, and adjustments related to Amazon Fulfillment Units. We will determine whether a customer will receive a refund, adjustment or replacement for any Amazon Fulfillment Unit and we will require you to reimburse us where we determine you have responsibility in accordance with the Agreement (including these FBA Service Terms and the Program Policies). We will promptly notify you when you are responsible for a customer refund. You may appeal if you disagree with our finding within thirty (30) days after our notification, in addition to your right to request that Units be returned to you under Section F-7.1. Except as provided in this Section F-8 regarding any Amazon Fulfillment Units, customer service will be handled in accordance with your Seller Agreement.
F-8.3 In situations relating to Amazon Fulfillment Units where the wrong item was delivered or the item was damaged or lost or is missing, unless we determine that the basis for such request is caused by you or any of your employees, agents, or contractors, we will, at our option: (a) for any Amazon Fulfillment Unit, (i) ship a replacement Unit to the customer and reimburse you in accordance with the FBA Guidelines for the replacement Unit, or (ii) process a refund to the customer and reimburse you in accordance with the FBA Guidelines for the Unit; or (b) for any Multi-Channel Fulfillment Unit, reimburse you in accordance with the FBA Guidelines for the Unit (and you will, at our request, provide us a valid tax invoice for the compensation paid to you). Any customer refund will be processed in accordance with the Selling on Amazon and the Transaction Processing Service Terms (if the Elected Country for a Service is the United States). Notwithstanding the Selling on Amazon Service Terms, we will be entitled to retain the applicable fees payable to us under the Selling on Amazon Service Terms and these FBA Service Terms, respectively. Except as expressly provided in this Section F-8.3, you will be responsible for all costs associated with any replacement or return.
F-8.4 If we provide a replacement Unit or refund as described in Section F-8.3 to a customer and that customer returns the original Unit to us, we will be entitled to dispose of the Unit pursuant to Section F-7, or, if it is a Sellable Unit, we may, at our option, place such Unit back into your inventory in accordance with Section F-6. If we do put a Unit back into your inventory, you will reimburse us for the applicable Replacement Value (as described in the FBA Guidelines) of the returned Unit. Any replacement Unit shipped by us under these FBA Service Terms will be deemed to be, and will be treated in the same manner as, an order and sale of such Unit from you to the customer via the applicable Amazon Site or Service in accordance with, and subject to, the terms and conditions of this Agreement and your Seller Agreement.
F-9 Compensation for Fulfillment Services
F-9.1 Handling and Storage Fees. You will pay us the applicable fees described in the applicable Fulfillment by Amazon Fee Schedule. You will be charged the Storage Fees beginning on the day (up to midnight) that the Unit arrives at a fulfillment center and is available for fulfillment by Amazon (or in the case of any Unsuitable Unit, the arrival day (up to midnight)), until the earlier of: (a) the day (up to midnight) we receive a valid customer order for such product or a request from you to return or dispose of the Unit; or (b) the day (up to midnight) we actually ship the Unit to your designated return location or dispose of the Unit.
F-9.2 Shipping and Gift Wrap. For any Amazon Fulfillment Units we will determine the amounts charged to the customer for shipping and gift wrap services for the Units that we fulfill through the FBA Program. As between you and us, these charges will be your charges to the customer, and we will report them to you. We will charge you (and you will pay us) a fee equal to the amount of such charges to the customer. In the case of shipments of Units sold through the Amazon Site that qualify for the "Free Shipping" promotion, the amounts charged to the customer for shipping the Selling on Amazon Units that Amazon fulfills will first be charged to the customer and will next be deducted from the total charges to the customer as your promotion and Amazon will not charge you the fee described above. If you ship Units to us using the shipping rates that we may make available pursuant to Section F-3.3, you will reimburse us for the actual amounts charged to us by the applicable carrier for such shipments.
F-9.3 Proceeds. We may as appropriate keep part of or all proceeds of any Units that we are entitled to dispose of pursuant to F-7 above, or to which title transfers, including returned, damaged, or abandoned Units. You will have no security interest, lien, or other claim to the proceeds that we receive in connection with the sale, fulfillment, and/or shipment of these Units.
F-10 Indemnity
In addition to your obligations under Section 6 of the General Terms of this Agreement, you also agree to indemnify, defend, and hold harmless us, our Affiliates, and our and their respective officers, directors, employees, representatives, and agents against any Claim that arises from or relates to: (a) the Units (whether or not title has transferred to us, and including any Unit that we identify as yours pursuant to Section F-4), including any personal injury, death, or property damage; (b) any of Your Taxes or the collection, payment, or failure to collect or pay Your Taxes; and, if applicable (c) any sales, use, value added, personal property, gross receipts, excise, franchise, business, or other taxes or fees, or any customs, duties, or similar assessments (including penalties, fines, or interest on any of the foregoing) imposed by any government or other taxing authority in connection with the shipment of Foreign-Eligible Products to Foreign Addresses (collectively, "Foreign Shipment Taxes").
F-11 Release
You, on behalf of yourself and any successors, subsidiaries, Affiliates, officers, directors, shareholders, employees, assigns, and any other person or entity claiming by, through, under, or in concert with them (collectively, the "Releasing Parties"), irrevocably acknowledge full and complete satisfaction of and unconditionally and irrevocably release and forever fully discharge Amazon and each of our Affiliates, and any and all of our and their predecessors, successors, and Affiliates, past and present, as well as each of our and their partners, officers, directors, shareholders, agents, employees, representatives, attorneys, and assigns, past and present, and each of them and all Persons acting by, through, under, or in concert with any of them (collectively, the "Released Parties"), from any and all claims, obligations, demands, causes of action, suits, damages, losses, debts, or rights of any kind or nature, whether known or unknown, suspected or unsuspected, absolute or contingent, accrued or unaccrued, determined or speculative (collectively, "Losses") which the Releasing Parties now own or hold or at any time have owned or held or in the future may hold or own against the Released Parties, or any of them, arising out of, resulting from, or in any way related to the shipment, export, or delivery of Your Products to Foreign Addresses, including any tax registration or collection obligations. You, on behalf of yourself and all other Releasing Parties, recognize that you, and each of them, may have some Losses, whether in tort, product liability, contract, warranty, or otherwise, against the Released Parties of which you, or any of them, are totally unaware and unsuspecting, or which may arise or accrue after the date you register for or use FBA, which the Releasing Parties are giving up by agreeing to these FBA Service Terms. It is your intention in agreeing to these FBA Service Terms that these FBA Service Terms will deprive the Releasing Parties of each and all such Losses and prevent the Releasing Party from asserting any such Losses against the Released Parties, or any of them. In addition to the foregoing, you acknowledge, on behalf of yourself and all other Releasing Parties that you are familiar with Section 1542 of the Civil Code of the State of California, as follows:
"A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
You, on behalf of yourself and all other Releasing Parties, expressly waive and relinquish any rights that you had or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the law of any other jurisdiction, to the full extent that you may lawfully waive all such rights pertaining to the subject matter of these FBA Service Terms.
F-12 Disclaimer
IN ADDITION TO THE DISCLAIMER IN SECTION 7 OF THE GENERAL TERMS OF THIS AGREEMENT, WE DISCLAIM ANY DUTIES OF A BAILEE OR WAREHOUSEMAN, AND YOU WAIVE ALL RIGHTS AND REMEDIES OF A BAILOR (WHETHER ARISING UNDER COMMON LAW OR STATUTE OR OTHERWISE), RELATED TO OR ARISING OUT OF ANY POSSESSION, STORAGE, OR SHIPMENT OF YOUR PRODUCTS BY US OR OUR AFFILIATES OR ANY OF OUR OR THEIR CONTRACTORS OR AGENTS.
F-13 Effect of Termination
Your termination rights are set forth in Section 3 of this Agreement. Following any termination of the Agreement or these FBA Service Terms in connection with a particular Elected Country, we will, as directed by you, return to you or dispose of the Units held in that Elected Country as provided in Section F-7. If you fail to direct us to return or dispose of the Units within thirty (30) days (or as otherwise specified in the applicable Program Policies) after termination, then we may elect to return and/or dispose of the Units in whole or in part, as provided in Section F-7, and you agree to such actions. Upon any termination of these FBA Service Terms in connection with a particular Elected Country, all rights and obligations of the parties under these FBA Service Terms in connection with such Elected Country will be extinguished, except that the rights and obligations of the parties under Sections F-1, F-2, F-3, F-4, F-5, F-6, F-7, F-8, F-9, F-11, F-12, and F-13 with respect to Units received or stored by Amazon as of the date of termination will survive the termination.
F-14 Tax Matters
You understand and acknowledge that storing Units at fulfillment centers may create tax nexus for you in any country, state, province, or other localities in which your Units are stored, and you will be solely responsible for any taxes owed as a result of such storage. If any Foreign Shipment Taxes or Your Taxes are assessed against us as a result of performing services for you in connection with the FBA Program or otherwise pursuant to these FBA Service Terms, you will be responsible for such Foreign Shipment Taxes and Your Taxes and you will indemnify and hold Amazon harmless from such Foreign Shipment Taxes and Your Taxes as provided in Section F-10 of these FBA Service Terms.
F-15 Additional Representation
In addition to your representations and warranties in Section 5 of the General Terms of this Agreement, you represent and warrant to us that: (a) you have valid legal title to all Units and all necessary rights to distribute the Units and to perform under these FBA Service Terms; (b) you will deliver all Units to us in new condition (or in such condition otherwise described by you in the applicable Your Product listing) and in a merchantable condition; (c) all Units and their packaging will comply with all applicable marking, labeling, and other requirements required by Law; (d) no Unit is or will be produced or manufactured, in whole or in part, by child labor or by convict or forced labor; (e) you and all of your subcontractors, agents, and suppliers involved in producing or delivering Units will strictly adhere to all applicable Laws of the Elected Country, its territories, and all other countries where Units are produced or delivered, regarding the operation of their facilities and their business and labor practices, including working conditions, wages, hours, and minimum ages of workers; and (f) that all Foreign-Eligible Products (i) can be lawfully exported from Canada, Mexico, or the United States, as applicable, without any license or other authorization; and (ii) can be lawfully imported into, and comply with all applicable Laws of, any eligible country.
FBA Definitions
"Amazon Fulfillment Units" means Units fulfilled using FBA that are sold through an Amazon Site. For avoidance of doubt, if you have successfully registered for or used both the FBA and Selling on Amazon Services, then the term "Amazon Fulfillment Units" and the defined term "Amazon Fulfilled Products" in the Selling on Amazon Service Terms both refer to the same items.
"FBA Excluded Product" means any Unit that is an Excluded Product or is otherwise prohibited by the applicable Program Policies.
"Foreign Address" means (a) if the Elected Country is the United States, any mailing address that is not (i) within the fifty states of the United States or Puerto Rico, or (ii) an APO/FPO address; and (b) if the Elected Country is not the United States, any mailing address that is not within the Elected Country.
"Fulfillment Request" means a request that you submit to us (in accordance with the standard methods for submission prescribed by us) to fulfill one or more Multi-Channel Fulfillment Units.
"Multi-Channel Fulfillment Units" has the meaning in Section F-2.
"Sellable Unit" means a Unit that is not an Unsuitable Unit.
"Seller Agreement" means the Selling on Amazon Service Terms, the Merchants@ Program Agreement, the Marketplace Participation Agreement, any successor to any of these agreements, or any other similar agreement (as determined by Amazon) between you and us that permits you to offer products and services via a particular Amazon Site.
"Shipping Information" means with respect to any purchased Unit(s), the following information: the name of the recipient, the shipping address, the quantity of Units to be shipped, and any other shipping-related information we may reasonably request.
"Unit" means a unit of Your Product that you deliver to Amazon in connection with the FBA Program.
"Unsuitable Unit" means a Unit: (a) that is defective, damaged, unfit for a particular purpose, or lacking required label(s); (b) the labels for which were not properly registered with Amazon before shipment or do not match the product that was registered; (c) that is an FBA Excluded Product or does not comply with the Agreement (including applicable Service Terms and Program Policies); (d) that Amazon determines is unsellable or unfulfillable; or (e) that Amazon determines is otherwise unsuitable.
Amazon Advertising Service Terms
The Amazon Advertising Service Terms govern your use of Amazon Advertising, a Service that allows you to advertise your products. The Amazon Advertising Service Terms apply to your use of the Ad Services.
Your use of the Ad Services (as defined in the Amazon Advertising Agreement) is governed by the Amazon Advertising Agreement. You accept the Amazon Advertising Agreement, which may be updated from time to time by Amazon in accordance with its terms. The Amazon Advertising Agreement is available at https://advertising. amazon. com/terms. In the event of any conflict between the General Terms or Program Policies and the Amazon Advertising Agreement with respect to the Ad Services, the Amazon Advertising Agreement will prevail to the extent of the conflict. If the Amazon Advertising Agreement is deemed unlawful, void, or for any reason unenforceable, then the General Terms will govern your access to and use of the Ad Services.
Transaction Processing Service Terms
BY REGISTERING FOR OR USING ANY SERVICE OTHER THAN AMAZON ADVERTISING FOR WHICH THE ELECTED COUNTRY IS THE UNITED STATES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THESE TRANSACTION PROCESSING SERVICE TERMS FOR THAT SERVICE. NOTWITHSTANDING THE FOREGOING, IF A SEPARATE AGREEMENT GOVERNS THE OFFER, SALE OR FULFILLMENT OF YOUR PRODUCTS ON THE US AMAZON SITE, THE TERMS OF THAT AGREEMENT WILL CONTINUE TO GOVERN THE PROCESSING OF YOUR TRANSACTIONS TO THE EXTENT DESCRIBED IN THAT AGREEMENT.
P-1 Payments Processing Agency Appointment
For non-invoiced orders, you authorize Amazon Payments, Inc. to act as your agent for purposes of processing payments, refunds and adjustments for Your Transactions, receiving and holding Sales Proceeds on your behalf, remitting Sales Proceeds to Your Bank Account, charging your Credit Card, and paying Amazon and its Affiliates amounts you owe in accordance with this Agreement or other agreements you may have with Amazon Affiliates. For invoiced orders, you authorize: (a) Amazon Capital Services, Inc. to act as your agent for purposes of processing payments, refunds and adjustments for Your Transactions, and receiving and holding Sales Proceeds on your behalf; and (b) Amazon Services LLC to act as your agent for purposes of remitting Sales Proceeds to Your Bank Account, charging your Credit Card, and paying Amazon and its Affiliates amounts you owe in accordance with this Agreement or other agreements you may have with Amazon Affiliates. Amazon Payments, Inc., Amazon Capital Services, Inc., and Amazon Services LLC are each an “Amazon Payments Agent”. The applicable Amazon Payments Agents provide the services described in these Transaction Processing Service Terms and the related services described in Sections S-1.4, S-2.2, S-5, and F-8.3 of the Agreement (collectively, the "Transaction Processing Services").
When a buyer instructs us to pay you, you agree that the buyer authorizes and orders us to commit the buyer's payment (less any applicable fees or other amounts we may collect under this Agreement) to you. You agree that buyers satisfy their obligations to you for Your Transactions when we receive the Sales Proceeds. We will remit funds to you in accordance with this Agreement.
P-2 Remittance
Subject to Section 2 of the General Terms of this Agreement, the applicable Amazon Payments Agents will remit funds to you in accordance with Section S-5 of the Agreement and these Transaction Processing Service Terms. Each applicable Amazon Payments Agent's obligation to remit funds collected or received by it or otherwise credited to your available balance in connection with Your Transactions is limited to funds in your available balance that have become available in accordance with this Agreement less amounts owed to Amazon and any taxes that Amazon automatically calculates, collects and remits to a tax authority according to applicable law, as specified in the Tax Policies, subject to chargeback or reversal or withheld for anticipated claims in accordance with this Agreement. Without limiting Amazon's rights to collect any amounts you owe, the applicable Amazon Payments Agent's receipt of Sales Proceeds or crediting of Sales Proceeds to your available balance discharges your obligation to pay applicable fees and other amounts under this Agreement to the extent the Sales Proceeds received or credited equal or exceed the fees and other amounts you owe and the Sales Proceeds are applied to the payment of those fees and amounts.
P-3 Your Funds
Your Sales Proceeds will be held in an account with the applicable Amazon Payments Agent (a "Seller Account") and will represent an unsecured claim against that Amazon Payments Agent. Your Sales Proceeds are not insured by the Federal Deposit Insurance Corporation, nor do you have any right or entitlement to collect Sales Proceeds directly from any customer. Prior to disbursing funds to you, an Amazon Payments Agent may combine Sales Proceeds held with the funds of other users of the Services, invest them, or use them for other purposes permitted by applicable Laws. You will not receive interest or any other earnings on any Sale Proceeds. To the extent required by applicable Laws, an Amazon Payments Agent will not use any funds held on your behalf for its corporate purposes, will not voluntarily make such funds available to its creditors in the event of bankruptcy or for any other purpose, and will not knowingly permit its creditors to attach such funds.
P-4 Verification
We may at any time require you to provide any financial, business or personal information we request to verify your identity. You authorize us to obtain from time to time consumer credit reports to establish or update your Seller Account or in the event of a dispute relating to this Agreement or the activity under your Seller Account. You agree to update all Seller Account information promptly upon any change. The Amazon Payments Privacy Notice applies to transactions processed by Amazon Payments, Inc.
P-5 Dormant Accounts
If there is no activity (as determined by us) in connection with your Seller Account for the period of time set forth in applicable unclaimed property laws and we hold Sales Proceeds on your behalf, we will notify you by means designated by us and provide you the option of keeping your Seller Account open and maintaining the Sales Proceeds in your Seller Account. If you do not respond to our notice(s) within the time period we specify, we will send the Sales Proceeds in your Seller Account to your state of residency, as determined by us based on the information in your Seller Account. If we are unable to determine your state of residency or your Seller Account is associated with a foreign country, your funds may be sent to the State of Delaware.
Selling Partner API Terms
API-1 Description of the Selling Partner APIs
The "Selling Partner APIs" enable your systems to interface with certain features or functionality we make available to you. These Selling Partner API Terms concern and apply only to your use of the Selling Partner APIs unless specifically provided otherwise. Under the Selling Partner API Terms, you may authorize parties who (a) develop Applications to support you using the Selling Partner APIs or the API Materials, (b) have registered with us as Developers, and (c) who have agreed to the Marketplace Developer Agreement ("Developers") to access Confidential Information and Your Materials via the Selling Partner APIs. If you wish to use the Selling Partner APIs directly or develop software or a website that interfaces with the Selling Partner APIs or the API Materials (an "Application"), you must register as a Developer.
We may make available Selling Partner APIs (including the Marketplace Web Services APIs) and software, data, text, audio, video, images, or other content we make available in connection with the Selling Partner APIs, including related documentation, software libraries, and other supporting materials, regardless of format (collectively the "API Materials") that permit your systems to interface with certain features or functionality available to you. You may authorize Developers to access your Materials via the Selling Partner APIs solely for the purpose of supporting your business on Amazon. All terms and conditions applicable to the Selling Partner APIs and the API Materials in this Agreement are solely between you and us. API Materials that are public or open source software ("Public Software") may be provided to you under a separate license, in which case, notwithstanding any other provision of this Agreement, that license will govern your use of those API Materials. For the avoidance of doubt, except to the extent expressly prohibited by the license governing any API Materials that are Public Software, all of the non-license provisions of this Agreement will apply.
API-2 License and Related Requirements
API-2.1 Generally.
We grant you a limited, revocable, non-exclusive, non-sublicenseable, nontransferable license during the term of the Agreement to allow Developers to access and use Your Materials through the Selling Partner APIs and the API Materials solely in support of your use of the Services covered by this Agreement. As between you and us, we or our licensors own all right, title, and interest in and to the Selling Partner APIs, the API Materials, any technical and operational specifications, security protocols and other documentation or policies provided or made available by us with respect to the Selling Partner APIs or the API Materials (the "Selling Partner API Specifications"), and our internal data center facilities, servers, networking equipment, and host software systems that are within our or their reasonable control and are used to provide the Selling Partner APIs or the API Materials (the "Amazon Network").
API-2.2 License Restrictions.
You may authorize Developers to access your Materials through the Selling Partner APIs and the API Materials only through APIs documented and communicated by us in accordance with any applicable Selling Partner API Specifications. You may not and may not authorize any other party to do any of the following with the Selling Partner APIs and the API Materials: (a) reverse engineer, decompile, or disassemble them; (b) modify or create derivative works based upon them in whole or in part; (c) distribute copies of them; (d) remove any proprietary notices or labels on them; (e) use any Public Software in any manner that requires, pursuant to the license applicable to such Public Software, that the Selling Partner APIs and the API Materials be disclosed, licensed, distributed, or otherwise made available to anyone; (f) resell, lease, rent, transfer, sublicense, or otherwise transfer rights to them; (g) access or use them in a way intended to avoid incurring any applicable fees or exceeding usage limits or quotas; (h) access or use them for any purpose unrelated to your use of Services; or (i) access or use them for fraudulent or illegal activities or activities that violate our policies or are otherwise harmful to us or any third parties. The limitations regarding Data Use in Section 11 above apply to any information you receive by the direct or indirect use of the Selling Partner APIs.
API-2.3 No License for Direct Access.
For the avoidance of doubt, these Selling Partner API Terms do not provide you a license to directly access or use the Selling Partner APIs, or install, copy, use, or distribute API Materials. Direct use of the Selling Partner APIs may only be licensed to Developers.
API-2.4 Account Identifiers and Credentials.
You must use the account IDs and any unique public key/private key pair issued by us to provide access to your data via the Selling Partner APIs ("Account Identifiers and Credentials") in accordance with these Selling Partner API Terms to authorize Developers to access the Selling Partner APIs on your behalf. You may only authorize access to Confidential Information and Your Materials via the Selling Partner APIs in the way that we prescribe. Your Account Identifiers and Credentials are for your personal use only and you must maintain their secrecy and security. You are solely responsible for all activities that occur using your Account Identifiers and Credentials, regardless of whether the activities are undertaken by you or a third party (including your employees, contractors, or agents). You will provide us with notice immediately if you believe an unauthorized third party may be using your Account Identifiers and Credentials or if your Account Identifiers and Credentials are lost or stolen. We are not responsible for unauthorized use of your Account Identifiers and Credentials.
API-2.5 Security of Your Materials.
You are solely responsible for authorizing others to access the Selling Partner APIs on your behalf and taking your own steps to maintain appropriate security, protection, and backup of Your Materials. We are not responsible for any unauthorized access to, alteration of, or deletion, destruction, damage, loss, or failure to store any of Your Materials in connection with the Selling Partner APIs (including as a result of your or any third party’s errors, acts, or omissions).
API-3 Termination
API-3.1 Termination of Your Access to the Selling Partner APIs and the API Materials.
Without limiting the parties’ rights and obligations under this Agreement, the Amazon Marketplace Developer Agreement, or the Amazon Marketplace API License Agreement, we may limit, suspend, or terminate your access to the Selling Partner APIs and the API Materials for convenience with 30 days’ notice. We may terminate immediately if (a) we determine that you have materially breached this Agreement and failed to cure within 7 days of a cure notice; (b) you or your account have been engaged in deceptive, fraudulent, or illegal activity; or (c) your use of the Selling Partner APIs and the API Materials may harm our customers.
Upon any suspension or termination of your access to the Selling Partner APIs and the API Materials, you will immediately cease authorizing others to use the Selling Partner APIs and the API Materials. Upon any termination of your access to the Selling Partner APIs and the API Materials, you will also immediately destroy all API Materials. Upon any suspension or termination of your access to the Selling Partner APIs and the API Materials, we may cause your Account Identifiers and Credentials to cease to be recognized by the Amazon Network for the purposes of the Selling Partner APIs and the API Materials.
API-4 Modifications to the Selling Partner APIs and the API Materials
We may change or discontinue the Selling Partner APIs or the API Materials (including by changing or removing features or functionality of the Selling Partner APIs or the API Materials) from time to time. For any material changes that will negatively affect your business, we will provide notice under Section 18.
API-5 Disclaimers
THE SELLING PARTNER APIS AND THE API MATERIALS ARE PROVIDED "AS IS". WE AND OUR AFFILIATE COMPANIES AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SELLING PARTNER APIS OR THE API MATERIALS, INCLUDING ANY WARRANTY THAT THE SELLING PARTNER APIS OR THE API MATERIALS WILL BE UNINTERRUPTED, ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY MATERIALS OR DATA YOU ACCESS, USE, STORE, RETRIEVE, OR TRANSMIT IN CONNECTION WITH THE SELLING PARTNER APIS, INCLUDING YOUR MATERIALS, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATE COMPANIES AND LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATE COMPANIES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) THE INABILITY TO USE THE SELLING PARTNER APIS OR THE API MATERIALS FOR ANY REASON; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SELLING PARTNER APIS OR THE API MATERIALS.
Who is really ‘Sore’ in the Twitter clashes between Flipkart and Amazon
… both had seemingly same messages – #motoOnFlipkart and Moto on Amazon. By today evening there were tweets running on the microblogging site that slashed Flipkart for resorting to ‘copies’ and cheap marketing tricks in light of their recent devaluation.
George Zimmerman dances on Trayvon Martin’s grave
And the marketing of the gun that killed him by the man who pulled the trigger does not feel like simply another example of flagrantly bad taste.
Get A Little More Social With Personalized Domain Names
Take the. social domain: A URL like www. yourbrand. social can redirect to Facebook today, Twitter tomorrow, and the social media platform of the future the following day.
Twitter will reportedly stop counting links, photos against tweets’ character counts
Twitter is about to do that thing it should have done a long time ago. No, not roll out an optional, full-blown algorithmic timeline.
Deep Dive: Free Tools to Help You Understand Your Online Niche
Additionally, the tool offers Twitter integration for its results, which makes it easier to reply to all conversations in real time, by spotting them as they happen.
Get certified & career-qualified in Social Media Marketing with this $29 course
Through 12 comprehensive modules included in the Silicon Valley Social Media Marketing Course & Certification bundle, you’ll get a thorough run through of the basics of how to increase your social media reach, attracting clients and increasing sales …
Twitter, like Facebook, adds old-school elements to its mobile ad network
A few days after Facebook announced it would begin to bring its Audience Network to the desktop web for the first time – albeit only for traditional in-stream video ads at the moment – Twitter is bringing its Twitter Audience Platform to the desktop …
7 tips for maximizing Twitter as a marketing and engagement tool
Facebook may have the largest number of active users, but no platform is better at connecting brands and their followers in real time than Twitter. Unfortunately, very few marketers understand how to properly leverage Twitter. Sound familiar? Well, you …
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The Influencer Perspective On Cross-Channel Marketing
Social media production isn’t quite a full-time job yet, but it’s moving in that direction, said Kevin Nether, who has about 108,000 subscribers to his “Kevin the Tech Ninja” YouTube channel, 40,000 Twitter followers and is looking to “diversify his …
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Tumblr Taps Simonian To Head Marketing Partnerships
A veteran marketing executive, Simonian joins Tumblr from Nielsen Entertainment, where she served as VP of branded music. Previously, Simonian served as the inaugural Head of Music at Twitter, where she developed best practices and global campaigns …
¿Por qué las marcas pagan por un tuit?
Las compañías están cada vez más dispuestas a pagar miles de dólares por el tuit de un influenciador, o influencer (un usuario con una gran cantidad de seguidores en la red social Twitter). De hecho, según la consultora en marketing digital, Opendorse, …
How the Convergence of Marketing, Ad Tech Led to Richer Data Insights
Social blurred customer service, CRM and marketing: Twitter and Facebook added capabilities, such as bots for Messenger, which allow marketers to interact directly with consumers. At the same time, they have learned to better use organic posts, social …
Twitter, like Facebook, adds old-school elements to its mobile ad network
A few days after Facebook announced it would begin to bring its Audience Network to the desktop web for the first time – albeit only for traditional in-stream video ads at the moment – Twitter is bringing its Twitter Audience Platform to the desktop …
Influencer Marketing, Twitter and SEO
Most large businesses have created a keyword strategy, but have you applied it to your Twitter bio or the content of your Tweets?
Tumblr Taps Simonian To Head Marketing Partnerships
A veteran marketing executive, Simonian joins Tumblr from Nielsen Entertainment, where she served as VP of branded music. Previously, Simonian served as the inaugural Head of Music at Twitter, where she developed best practices and global campaigns …
Daniel Snyder, former coach pleased with Redskins name poll, ex-player upset
On Twitter, Michael David Smith wrote, “This poll is making me reconsider.” The owner of one NFL team said they think the results will have an impact on how the issue is regarded within the …. “However, that proud resilience does not give the NFL a …
High Performing CMO’s Outpace Direct Competitors by 96X
The report analyzed responses from 4,000 marketers from around the globe, from a number of business formats (B2B/B2C) to determine the difference between high performers and underperformers.
Rutgers expands IMG partnership with marketing rights deal for New Brunswick hub
NEW BRUNSWICK – The way Chris Paladino sees it, the one thing missing from Rutgers University’s downtown campus is a central gathering space.
Omnichannel engagement boosts purchase frequency: report
Around 40 percent of consumers recall seeing television, print or online advertisements, outpacing digital-centric marketing placements such as mobile applications or social media, which only reach around three in 10 consumers. However, even though …
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Visa’s Shiv Singh: ‘Digital is not that accountable’
The entire premise of online marketing has been that, unlike other channels, it is fully accountable. The wealth of tracking data, theoretically, means marketers can know what’s working and what’s not. The problem is that this just isn’t true …
The Ultimate List of Marketing Statistics You Need to Know for 2016
Other popular platforms are Twitter (82%), YouTube (77%) and LinkedIn (76%). (source); The #1 content marketing goal for B2C businesses in 2016 is sales (83%), followed by customer retention and loyalty (81%) and engagement (81%).
Tailor for Your Audience: 5 Crucial Elements of a Local Content Marketing Strategy
You only need to keep an eye on the trending topics in your target area, and use relevant hashtags while promoting your content on social media platforms like Facebook, Twitter, Google+, Instagram etc. Twitter is the best place to find trending topics …
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Frederique Covington leaves Twitter for CMO role with Visa
Frederique Covington is taking on the senior vice president and chief marketing officer role for Visa, ending a two and a half year run with social networking group Twitter. Reporting to Visa’s newly appointed EVP and global chief marketing officer …
Rutgers expands IMG partnership with marketing rights deal for New Brunswick hub
NEW BRUNSWICK – The way Chris Paladino sees it, the one thing missing from Rutgers University’s downtown campus is a central gathering space.
3 Most Shocking Marketing Campaigns
But the mark of a great marketing campaign is that it starts a dialogue. And this is exactly what it caused because Twitter exchanges and Facebook feeds blew up. It even caused one Buzzfeed editor to resign. When Is Controversy Good And When is it Bad?
Native advertising is the future of Internet marketing strategy
Native ads are proven to have higher levels of engagement than traditional non-native ads. And perhaps most importantly, for many of the fastest-growing social media applications, like Twitter and Instagram, native advertising is the only way to reach …
‘Angry Birds’ Is The Word With $42M-$44M No. 1 Opening; ‘Neighbors 2’ Lower With $25M – Box Office
RelishMix social Media Monitor reports: “Angry Birds has a strong Social Media Universe of 345M, which is made of 144M Facebook fans, 30.2M Twitter followers, over 42M Instagram followers and more than 128.5M YouTube views. Keep in mind that of the …
Mary Beck’s cool sports job: Marketing and promotions for MLB and NHL networks
After transitioning to MLB Network for its launch in 2008, Beck, now the senior vice president of marketing and promotions, has added the NHL Network to her purview, when it moved to its Secaucus, New Jersey, headquarters.
O poder do agora: o real time marketing no Twitter
Em palestra realizada na Faculdade Cásper Líbero, a diretora comercial do Twitter Brasil, Gabriela Comazzetto, falou sobre como aproveitar o real time marketing para gerar negócios. Segundo a executiva, a rede social é uma ponte entre o usuário e …
Using Twitter Marketing Strategies
Initially most marketers did not take Twitter seriously but it has really taken off as a legitimate marketing tool. More and more online entrepreneurs are starting to recognize the power of short and powerful messages to connect with buyers. This is …
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Social Chain: Meet the twentysomethings making a profit by taking over Twitter in the UK
Advertising via directing traffic through social media – a process known as ‘influencer marketing’ – can be extremely successful.
Dr. Snapchat: one dentist’s journey toward social media stardom
I discovered Dr. Rubinshtein not because I was looking for someone to examine my molars, but because, while scrolling through Twitter, I was served one of his promoted tweets: “Follow me on Snapchat [finger gun emoji] DRubinshtein [ghost emoji] and I …
Nyquist has verified Twitter account, but horsemen largely struggle to market sport on social media
As the NBA powers its marketing engine this summer with boundless hauls of viral Vines and GIFs, horse racing officials and analysts are confronting the question of how social media can bolster the digital presence of a sport beset by problems big and …
10 Ways to Use Technology to Better Your Business
Technology offers plenty of opportunities for businesses to make things like marketing and managing a team easier. But with so many different tech tools out there, it can be difficult to even know where to start.
Zendesk’s Mikkel Svane explains how tech is taking over customer service
… brands are also grasping how important live customer service representatives are because they provide the personal touch that cannot be replicated by a computer,” Mayur Anandkat, vice president of product marketing at cloud contact center software …
Cody Rhodes Requests His Release From WWE
Cody Rhodes Requests His Release From WWE. Anthony DiMoro,. Contributor. Covering social media and internet marketing/SEO in the sports world.
Marriott takes a gamble in Haiti
PORT-AU-PRINCE, Haiti – In a gleaming, tall-ceilinged lobby, guests in blazers, Polo shirts and running attire pass through. Stunning prints, paintings and voodoo flag designs by Haitian artists decorate the walls on the way to the open bar and dining …
Networking may be your best marketing strategy
It is important to figure out how LindedIn, Facebook, Twitter, Instagram, Pinterest and all the other dynamic digital platforms can play into your overall objective to extend your network as a business-building tool.
Amitabh Bachchan reaches 21 million followers on Twitter
Silvia Tallon, senior marketing director, Reebok India, thanked the “Force” star “for supporting this initiative and inspiring our consumers to be fashionably fit”.
A Reminder: Social Media is Not a “Marketing Tool”!
There’s no let up: the “10 ways to get 20,000 Instagram followers” articles are replacing the same ones for Twitter, advocating similar techniques. A whole new batch of small business owners and marketers are being instructed in the magic arts of …
Wayne Rooney: Apocalypse – why the movie business loves footballers
Photograph: @ManUtd/Twitter. Last Tuesday, Manchester United emerged for their season-ending tie against Bournemouth accompanied by four young mutants.
Weekend Box Office: ‘Angry Birds’ Soars Above The Competition
Neighbors opened to $49 Million back in 2014 and received strong reviews, so ultimately this does look like a failure on the behalf of the marketing. There was little to no … Let me know in the comments and don’t forget to follow me on Twitter …
Clothing brand sees spike in sales after refusing photoshopped images
Chalk one up for authenticity. For years, retailers have been pushing impossibly high beauty standards with photoshopped images, much to the detriment of the body images and self esteem of the general public.
Learning Social Etiquette: How to Craft the Perfect Message on Facebook, Twitter and LinkedIn
From a technical perspective, Twitter is the hardest social platform through which to master messaging and content scheduling.
Video Ad Spending on Social Platforms Is Rising Fast
Ever since Facebook began selling autoplay video advertising in 2014, the other major social properties—Twitter, Instagram and Snapchat—have become equally aggressive at courting video marketers. As a result, social video spending is growing quickly, …
Age Just One Attribute When Marketing to Consumers
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American ISIS Defector: ‘I’ve Let My Nation Down’
The form included his address in Brooklyn, phone numbers for his father and brother, a list of credit cards and ID he left as a deposit, and the name of his Twitter contact. It also noted that he attended Columbia, which it noted “is for the clever …
Amgen race thrills fans locally while drawing attention globally
By now it’s a familiar sight – thousands of fans lining downtown Sacramento’s streets, 100-plus pro cyclists racing across the rural countryside and a helicopter hovering overhead to capture the scene for television.
Viral memes blur lines between cute videos and savvy marketing: Dianne Buckner
No wonder marketers are in fevered pursuit of social media shares. If material is entertaining or interesting enough, people will share it with their personal networks on Facebook, Twitter and Instagram. That multiplier effect means a product or brand …
An Internship Isn’t Always a Necessity
As a scholar of Communication Studies, I learned the fundamentals of marketing and media – principles which served me well during both grad school and my post-grad job search.
Amazon. com New Releases The best-selling new & future releases in Entertainment Collectible Lobby
![Amazon. com New Releases The best-selling new & future releases in Entertainment Collectible Lobby]()
Reviewed by DownLoad
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октября 14, 2019
Rating: 5
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