Seller Policy

 

Selling policies and seller code of conduct

All sellers are expected to adhere to the following policies when listing products on Njalo. Seller offenses and prohibited content can result in suspension of your Njalo account.

Seller code of conduct

This policy requires that sellers act fairly and honestly on Njalo to ensure a safe buying and selling experience. All sellers must:

  • Provide accurate information to Njalo and our customers at all times
  • Act fairly and not misuse Njalo’s features or services
  • Not attempt to damage or abuse another seller, their listings or ratings
  • Not attempt to influence customers’ ratings, feedback, and reviews
  • Not send unsolicited or inappropriate communications
  • Not contact customers except through Buyer-Seller Messaging
  • Not attempt to circumvent the Njalo sales process
  • Not operate more than one selling account on Njalo without a legitimate business need
  • Not engage in conduct that violates price fixing laws

Violating the code of conduct or any other Njalo policies may result in actions against your account, such as cancellation of listings, suspension or forfeiture of payments, and removal of selling privileges. More details about these policies are below.

Accurate information

You must provide accurate information to Njalo and our customers, and update the information if it changes. For example, this means that you must use a business name that accurately identifies your business and list your products in the correct category. As another example, your shipping settings and inventory data must accurately reflect your operations, including your shipping location(s) and shipping service selections.

Acting fairly

You must act fairly and lawfully and may not misuse any service provided by Njalo. Examples of unfair activities include:

  • Providing misleading or inappropriate information to Njalo or our customers, such as by creating multiple detail pages for the same product or posting offensive product images
  • Manipulating sales rank (such as by accepting non-authentic orders or orders that you have paid for, or refunded externally or orders that you discounted externally) or making claims about sales rank in product titles or descriptions
  • Attempting to increase the price of a product after an order is confirmed
  • Artificially inflating web traffic (using bots or paying for clicks, for example)
  • Attempting to influence search results by inflating search ranking through keyword manipulation or incentivizing customers’ searches to appear as organic behavior 
  • Attempting to damage another seller, their listings or ratings
  • Allowing other people to act on your behalf in a way that violates Njalo’s policies or your agreement with Njalo

Ratings, feedback, and reviews

You may not attempt to influence or inflate customers’ ratings, feedback, and reviews. You may request feedback and reviews from your own customers in a neutral manner, but may not:

  • Pay for or offer an incentive (such as coupons or free products) in exchange for providing or removing feedback or reviews
  • Ask customers to write only positive reviews or ask them to remove or change a review
  • Solicit reviews only from customers who had a positive experience
  • Review your own products or a competitors’ products

Communications

You may not send unsolicited or inappropriate messages. All communications to customers must be sent through Buyer-Seller Messaging within the Njalo portal and be necessary for fulfilling the order or providing customer services.

Customer information

If you receive customer information such as addresses or phone numbers to fulfill orders, you may use that information only to fulfill orders and must delete it after the order has been processed. You may not use customer information to contact customers (except through Buyer-Seller Messaging) or share it with any third-party.

Circumventing the sales process

You may not attempt to circumvent the Njalo sales process or divert Njalo customers to another website. This means that you may not provide links or messages that prompt users to visit any external website or complete a transaction elsewhere.

Multiple selling accounts on Njalo

You may only maintain one The seller dashboard account for each region in which you sell unless you have a legitimate business need to open a second account and all of your accounts are in good standing. If any of your accounts are not in good standing, we may deactivate all of your selling accounts until all accounts are in good standing.

Examples of a legitimate business justification include:

  • You own multiple brands and maintain separate businesses for each
  • You manufacture products for two distinct and separate companies
  • You are recruited for an Njalo program that requires separate accounts

Filing infringement notices as an agent or brand protection agency

Njalo understands that many brands may choose to have brand protection agencies or agents report intellectual property infringement on their behalf and accepts submissions from authorized agents. However, Njalo does not permit individuals with active selling accounts to file infringement notices as an agent of a brand when the filing of those notices could benefit their own selling account (through removing competing listings, for example). Any sellers filing notices as an agent to benefit their own status as a seller may have their selling account terminated.

General Terms

General Terms

Welcome to Njalo Services Business Solutions.

THIS NJALO 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 NJALO. 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 “Njalo” means the applicable Njalo 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. To the extent there is a conflict between these General Terms, the Service Terms and Program Policies, the conflict will be resolved by giving precedence in the order specified in such documents, or if not specified, the following order: the General Terms, the Service Terms, and the Program Policies.

  1.  Enrollment.

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, or at any time during the term of this Agreement, 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 information provided must correspond to your business name or to the name of an individual legally authorized to act on behalf of your business. Any personal data you provide to us will be handled in accordance with Njalo’s Privacy Notice.

  1.  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 bank account information for a bank account or bank accounts acceptable by Njalo (conditions for acceptance may be modified or discontinued by us at any time without notice) (“Your Bank Account”). You may also elect to receive earnings via PayPal or Strip transfer (“Your PayPal or Stripe 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 PayPal or Stripe account, and to charge Your PayPal or Stripe account 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. 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.

If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, violations of law or other risks to Njalo 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 Njalo or third parties persist. For any amounts that we determine you owe us, we may (a) charge Your PayPal or Stripe account 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. 

To be eligible for fund disbursement, you must refrain from deceptive, fraudulent, or illegal activity and remain in compliance with our Program Policies. If we determine that your account—or any other account you have operated—has been used to engage in deceptive, fraudulent, or illegal activity (including the sale of counterfeit or stolen goods), or your use of the Services has harmed, or our controls identify that it might harm other sellers, customers, or Njalo’s legitimate interests, then we may in our sole discretion permanently withhold any payments to you, because these activities expose Njalo to financial risks and inflict monetary damages and irreparable non-monetary harms on Njalo. We will offer you an avenue to appeal our fund withholding decision by following the procedures outlined in Njalo’s policies. Successfully completing the appeal process is required to be eligible for further disbursements.   

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 Njalo 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 Njalo Site or Service is unavailable following the commencement of a transaction.

  1.  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 account or this Agreement immediately on notice to us via The seller dashboard, email, or similar means. We may terminate your account or this Agreement for convenience with 48 hours advance notice. We may suspend or terminate your account or this Agreement 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; (c) your use of the Services has harmed, or our controls identify that it might harm, other sellers, customers, or Njalo’s legitimate interests; (d) your  falls below our published threshold(s) for deactivation; or (e) if we are required to do so by law. We will promptly notify you of any such termination or suspension via email or similar means including The seller dashboard, 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 (f) 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 (g) Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15, and 18 of these General Terms and Section P-4 of the Transaction Processing Service Terms survive.

  1.  License.

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 Njalo product or service, and to sublicense the foregoing rights to our Affiliates and operators of Njalo 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 Njalo 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).

  1.  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, complete, and not misappropriated; (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.

  1.  Indemnification.

6.1 Your indemnification obligations. You will defend, indemnify, and hold harmless Njalo, 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, 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 Njalo), 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 Njalo’s indemnification obligations. Njalo 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) Njalo’s non-compliance with applicable Laws; or (b) allegations that the operation of an Njalo Site 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.

  1.  Disclaimer & General Release.
  1. THE NJALO 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 NJALO SITES, THE SERVICES, AND THE SELLER DASHBOARD AT YOUR OWN RISK. EXCEPT THOSE SET FORTH IN SECTION 5 ABOVE, 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 NJALO 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.
  2. BECAUSE NJALO 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 NJALO (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.
  1.  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 NJALO 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 90 DAY PERIOD PAID BY YOU TO NJALO IN CONNECTION WITH THE PARTICULAR SERVICE GIVING RISE TO THE CLAIM.

  1.  Insurance.

If the gross proceeds from Your Transactions exceed the applicable Insurance Threshold during any month if the Elected Country is the United States or Canada, or each month over any period of three (3) consecutive months if the Elected Country is Mexico, 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 Njalo and its assignees as additional insureds. At our request, you will provide to us certificates of insurance, the full insurance policy, or other documents we may request for the coverage to the following email address: support@njalomarket.com.

  1.  Tax Matters. 

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) Njalo automatically calculates, collects, or remits taxes on your behalf according to applicable law; or (ii) Njalo expressly agrees to receive taxes or other transaction-based charges on your behalf in connection with tax calculation services made available by Njalo and used by you. You agree to and will comply with the Tax Policies. All fees and payments payable by you to Njalo 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 Njalo any of Your Taxes imposed on such fees and any deduction or withholding required on any payment.

  1.  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 Njalo’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 “Available at Njalo” badge as defined in and according to the Trademark Usage Guidelines available in The seller dashboard; 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).

  1.  Force Majeure.

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.

  1.  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 Njalo, 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.

  1.  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 Njalo 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.

  1.  Modification.

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.

  1.  Password Security.

Any password we provide to you may be used only during the Term to access The seller dashboard (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.

  1.  Export.

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.

  1.  Miscellaneous.

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, Njalo and you both consent that any dispute with Njalo 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) either party may elect to proceed in a small claims court that is a Governing Court if your claims qualify; (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; and (iii) we may bring any claims related to your sale of counterfeit products on the Njalo Site in the Governing Courts or the court of your domicile or habitual residence and seek any remedy available under law related to those claims. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award 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 notifying us of your intent to pursue arbitration and describing your claim to our registered agent, at support@njalomarket.com with the subject prefix “ARBITRATION”. The arbitration will be conducted by the American Arbitration Association (AAA) under its commercial rules. 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. For all cases, the AAA commercial fee schedule governs the payment of all filing, administration and arbitrator fees. The underlying award in the arbitration may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules. Njalo 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 Njalo 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 Njalo, 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 Njalo 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. Njalo 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 Njalo 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, Njalo will not act as either party’s agent in connection with resolving any disputes between participants related to or arising out of any transaction.

Njalo will provide notice to you under this Agreement by posting changes to The seller dashboard or to the applicable Njalo 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 Njalo to our Selling Partner Support team via The seller dashboard, 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 The seller dashboard, 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.

“Njalo Associated Properties” means any website or other online point of presence, mobile application, service or feature, other than an Njalo Site, through which any Njalo Site, or products or services available on any of them, are syndicated, offered, merchandised, advertised, or described.

“Njalo Contracting Party” means the party outlined below.

If you register for or use the Selling Partner API, the Njalo Contracting Party is the Contracting Party that provides the applicable Service you use in connection with the Selling Partner API.

“Njalo Site” means, as applicable, any Njalo market website.

“Confidential Information” means information relating to us, to the Services, or Njalo 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 The seller dashboard, any other applicable Program Policy, or any other information made available to you by Njalo.

“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 Njalo Site” means the website, the primary home page of which is identified by the url www.Njalo.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 Njalo 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 Policiesand (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.

“The seller dashboard” means the online portal and tools made available by Njalo to you, for your use in managing your orders, inventory, and presence on a particular Njalo Site or any other online point of presence.

“Service” means each of the following services: Selling on Njalo, Njalo Advertising (including Njalo 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 Njalo Site” means that website, the primary home page of which is identified by the URL www.Njalomarket.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 Njalo 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 Njalo Service; or (b) have made available for advertising through the Njalo Advertising 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.

“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 Njalo Site.

Selling on Njalo Service Terms

The Selling on Njalo Service (“Selling on Njalo”) is a Service that allows you to offer certain products and services directly on the Njalo Sites.

These Selling on Njalo Service Terms are part of the Agreement, but, unless specifically provided otherwise, concern and apply only to your participation in Selling on Njalo. BY REGISTERING FOR OR USING THE SELLING ON NJALO SERVICE, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE AGREEMENT, INCLUDING THESE SELLING ON NJALO 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 Njalo 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 Njalo 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 Njalo Sites; or provide any URL Marks for use, or request that any URL Marks be used, on any Njalo Site. If you offer a product for sale on an Njalo 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 Njalo Site and conduct merchandising and promote Your Products in accordance with the Agreement (including via the Njalo Associated Properties or any other functions, features, advertising, or programs on or in connection with the applicable Njalo Site). We may use mechanisms that rate, or allow shoppers to rate, Your Products and your performance as a seller and Njalo may make these ratings and feedback publicly available. We will provide Order Information to you for each order of Your Products through the applicable Njalo 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 Njalo 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 a Njalo Site, it is highly recommended that you determine the shipping and handling charges and set accordingly in your Shipping settings or by product. By default, Njalo adds $5 shipping fee per order plus .50c for each item added. Shipping costs are allocated and dispersed to the sellers accordingly. If we determine the shipping and handling charges, you will accept them as payment in full for your shipping and handling.

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. You will: (a) source, offer, sell, and fulfill your Seller-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 Njalo 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, including any warnings or instructions necessary to safely use Your Products, 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 Njalo 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 Njalo 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.

S-2.2 Cancellations, Returns, and Refunds. The Njalo Refund Policies for the applicable Njalo Site will apply to Your Products. You will promptly accept, calculate, and process cancellations, returns, refunds, and adjustments in accordance with this Agreement and the Njalo Refund Policies for the applicable Njalo 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 Njalo. 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, mis-delivery, 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. 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 the Elected Country is Mexico. If we inform you that we have received or initiated a claim under the “A-to-z Guarantee” offered on a particular Njalo 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 commisison 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-3.3 A-to-z Guarantee, A-to-z Claims Process, and Chargebacks if the Elected Country is the United States or Canada. Claims that we receive or initiate under the “A-to-z Guarantee” or the “A-to-z Claims Process for Property Damage and Personal Injury” will be governed by the Program Policy for such claims.

If we find that any claim, chargeback, or dispute is your responsibility, (i) you will not take recourse against the customer, and (ii) if Njalo resolves the claim directly with the customer and does not waive its right of indemnification, you will reimburse us in accordance with Section 2 of this Agreement to the extent of your responsibility (not to exceed the amount paid by Njalo to resolve the claim), 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.

S-4 Compensation.

You will pay us: (a) the applicable commission fees; (b) the non-refundable Selling on Njalo membership fee in advance each month; and (c) any other applicable fees described in this Agreement (including any applicable Program Policies). “Selling on Njalo Membership Fee” means the membership fee specified under the selected seller membership level 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)  “Commission Fee” means the applicable fee based on the Sales Proceeds from Your Transaction through the applicable Njalo Site specified on the Selling on Njalo Fee Breakdown for that Njalo Site at the time of Your Transaction.

S-5 Remittance of Sales Proceeds & Refunds.

Except as provided in Section 2 of the General Terms or 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. For each remittance, your available balance is equal to any Sales Proceeds considered matured (14 days after order completion) and 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 commission Fees; (b) any other applicable fees described in this Agreement (including any applicable Program Policies); (c) 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 TermsSection S-1.4Section S-3.2Section S-3.3, and applicable Program Policies); and (d) any taxes that Njalo 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 Njalo 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. 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 commission 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. 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 Njalo 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 Njalo’s Websites and Services.

Njalo has the right to determine, the design, content, functionality, availability and appropriateness of its websites, selection, and any product or listing in the Njalo Stores, and all aspects of each Service, including your use of the same. Njalo may assign any of these rights or delegate any of its responsibilities.

S-7 Continuing 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.

S-7.2 Foods, Drugs, Medical Devices, and Cosmetics. If any of Your Products is a “food”, “drug”, “medical device”, or “cosmetic” being offered or sold in the United States or other product regulated under the U.S. Federal Food, Drug, and Cosmetic Act (“FFDCA”) or its implementing regulations, then you provide us with the following continuing guaranty that with respect to all such products comprising each sale, shipment, or other delivery made previously or hereafter are: (i) not adulterated or misbranded within the meaning of the FFDCA, (ii) compliant with all requirements of FFDCA and its implementing regulations at the time of sale, shipment, or delivery, and (iii) provided by you in the original, unbroken packaging.

Njalo Advertising Service Terms

The Njalo Advertising Service Terms govern your use of Njalo Advertising, a Service that allows you to advertise your products. All Gold and Black Diamond members are automatically enrolled in Njalo advertising service program at no additional cost.

Transaction Processing Service Terms

BY REGISTERING FOR OR USING ANY SERVICE OTHER THAN NJALO 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 NJALO 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 Njalo 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 PayPal or Stripe account, and paying Njalo and its Affiliates amounts you owe in accordance with this Agreement or other agreements you may have with Njalo Affiliates. For invoiced orders, you authorize: (a) Njalo 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) Njalo.com Services LLC to act as your agent for purposes of remitting Sales Proceeds to Your Bank Account, charging your PayPal or Stripe account, and paying Njalo and its Affiliates amounts you owe in accordance with this Agreement or other agreements you may have with Njalo Affiliates. Njalo works with several 3rd party payment processers collectively known as “Njalo Payments Agent”. The applicable Njalo 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 Njalo Payments Agents will remit funds to you in accordance with Section S-5 of the Agreement and these Transaction Processing Service Terms. Each applicable Njalo 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 Njalo and any taxes that Njalo 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 Njalo’s rights to collect any amounts you owe, the applicable Njalo 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 Njalo Payments Agent (a “Seller Account”) and will represent an unsecured claim against that Njalo 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 Njalo 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 Njalo 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. Providing accurate identity verification, upon request, is a condition precedent to further disbursements following account suspension or termination. 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.

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 provided, in each case, that where Confidential Information is disclosed to Developers, you shall remain liable for the acts or omissions of such Developers as if such acts or omissions were your own. 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 Confidential Information and Your Materials via the Selling Partner APIs solely for the purpose of supporting your business on Njalo and provided, in each case, that where Confidential Information is disclosed to Developers, you shall remain liable for the acts or omissions of such Developers as if such act or omissions were your own. 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 Confidential Information and 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  Confidential Information, 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 “Njalo Network”).

API-2.2 License Restrictions.

You may authorize Developers to access Confidential Information and 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 authorize any other party to do any of the following with the Confidential Information, 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 Confidential Information, 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 disclose or 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 and Confidential Information.

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 the Confidential Information and Your Materials processed pursuant to your access to the Selling Partner APIs and the API Materials, including any Confidential Information you have disclosed to Developers in accordance with this Agreement. We are not responsible for any unauthorized access to, alteration of, or deletion, destruction, damage, loss, or failure to store any of the Confidential Information or Your Materials in connection with the Selling Partner APIs (including as a result of your or any third party’s errors, acts, or omissions). If you believe (acting reasonably) that a personal data breach has occurred in relation to any customer personal data in your possession or otherwise under your control (including in the possession of a Developer), you shall immediately notify Njalo of such personal data breach (in sufficient detail) for information purposes, and promptly take any actions (or require a Developer take such actions, if relevant) as applicable to you under data privacy Laws.

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 Njalo Marketplace Developer Agreement, or the Njalo 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 Njalo 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.

Selling on Njalo Definitions

“Njalo Refund Policies” means the return and refund policies published on the applicable Njalo Site and applicable to products and services offered via that Njalo Site.

“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 Njalo Site but that we do not honor or support (but only until such time as we honor or support the same on such Njalo 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 Njalo 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 Njalo 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 Njalo 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 Njalo 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 Njalo from time to time); (d) categorization within each Njalo product category and browse structure as prescribed by Njalo from time to time; (e) digitized image that accurately depicts only Your Product, complies with all Njalo 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, or that are necessary for the safe use of Your Product, 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).

“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 Njalo Service Terms, it means any and all such transactions through Selling on Njalo only.

Selling on Njalo

Core selling fees

Commission fees

For all products, Njalo deducts the applicable partner commission fee percentage calculated on the total sales price, excluding any delivery fees or taxes calculated through Njalo tax calculation services.

Monthly membership fee

The Njalo seller membership fee is the monthly membership service fee paid by sellers to Njalo for selling on the Njalo platform. Refer to the fee breakdown for a list of fees by membership.

Tax policies

Responsibility for Taxes

You are responsible for identifying your Tax obligations in addition to the calculation, remittance, and reporting of all taxes within your obligation, regardless of your participation in Njalo’s Tax Calculation Service.

  • In some circumstances, Njalo may, consistent with the applicable law, calculate, collect, and remit (as Njalo) applicable national, state, or local sales and use taxes, goods, and services taxes (GST), or value added taxes (VAT) (collectively “Taxes”) on orders destined to specific locations.
  • Njalo automatically calculates taxes and other transaction-based charges on orders destined to non-Marketplace Tax Collection jurisdictions within your elected country. Njalo expressly agrees to remit to you (with your earnings disbursement) Taxes calculated in connection with your use of Njalo’s services, for you to remit to the appropriate tax authority. If you do not agree with the tax amount collected, please reach out with supporting evidence to support@njalomarket.com.
  • Njalo does not report or remit Taxes to any government on behalf of any seller. Sellers remain responsible for any ongoing remittance and/or reporting requirements they may have in connection with Marketplace Withheld Tax or Njalo’s Tax Calculation Service.

Except as otherwise provided in the Njalo Seller Program Agreement (the “Agreement”), you agree that Njalo is not obligated to determine your tax obligation, whether taxes apply, and Njalo will not be responsible to calculate, collect, report, or remit any seller obligated taxes arising from any transaction. However, if a taxing authority requires us to pay any of your taxes, you will promptly reimburse us for the amount paid.

Taxes on Fees and Payments

Any and all fees payable by you pursuant to this Agreement are exclusive of all taxes, and you will pay any taxes that are imposed and payable on such amounts. All payments made by you to Njalo under this Agreement will be made free and clear of any deduction or withholding (including but not limited to cross-border withholding taxes), as may be required by law. If any such deduction or withholding is required on any payment, you will pay such additional amounts, as are necessary so that the net amount received by Njalo is equal to the amount then due and payable under this Agreement.

Shipping Products Internationally

When fulfilling product from a country outside the order origin country (elected country), you are the importer of goods to the elected country and responsible for the payment of all import duties, taxes, and custom fees (collectively “Customs Fees”). If you fulfill product to an address outside your elected country, generally, you are considered the exporter and the buyer is considered the importer. The seller is responsible for export Customs Fees (if any) and the buyer is responsible for any import Customs Fees related to their purchase. Customs Fees paid by any party (if any) are in addition to the sales proceeds collected by Njalo. For more additional information about shipping products internationally, see Important information for international sellers.

Important information for international sellers

Important reminder of your obligations as an international seller

When selling on our website as an international seller, there are important requirements you must follow to ensure a great experience for customers. Understanding and complying with these requirements is essential for successful international selling and is required for your participation in Njalo’s international selling programs.

Before you begin selling on an Njalo store website in a country outside your business location, you must provide a bank account in a country supported by Njalo in order to get paid. In addition, understand the laws that apply to you as a seller on our website, and you must only list and sell products that comply with those laws. Consult with your legal and tax advisers who understand the requirements that may apply to you so that you only offer products on the Njalo store website that:

  • You are permitted to sell,
  • You are able to deliver to the customer on time, every time with no customer surprises, and
  • You are able support after the sale.

The following apply for each product you offer, promote or sell on an Njalo store website:

  • Customer Expectations: You will provide customers with accurate information about the location from which you are shipping your product.

You have to provide an accurate shipping address in your seller profile and manage customer expectations by stating the actual shipping times from your location. You will be responsible for meeting the shipping expectations for all orders you receive.

  • Delivery to the Customer: You must use a reliable shipping method so customers receive their purchases on time, every time.

Do not expose customers to customs delays and additional duties and taxes on their purchases. You are responsible for complying with all import and export obligations and for payment of all applicable duties and customs fees. In short, customers must receive exactly what they order without any additional charges or fees and within the estimated delivery date posted with your offer on the Njalo store website.

You must be prepared to respond quickly to customer contacts in the language of the Njalo store.

Important notice for international sellers shipping from the United States to Mexico: Not all shipping options deliver the transit speeds that Njalo customers worldwide have come to expect. For example, a recent study of orders fulfilled by sellers shipping from the United States to Mexico showed that approximately 69% of orders shipped via United States Postal Service (USPS), which uses Correos de México/Servicio Postal Mexicano (SEPOMEX) for delivery within Mexico, did not meet Njalo’s international shipping transit time requirements. To provide a great customer experience on shipments from the United States to Mexico, we strongly recommend that you use other carriers (for example, FedEX, DHL, UPS).

  • Customer Service: You must be prepared to respond quickly to customer contacts in the language of the Njalo store website in which you are registered to sell.

Customers expect prompt, helpful service when they have questions or concerns about your products. You must have customer service specialists who (i) understand your products, (ii) know where the customer’s product is and when it will be delivered, and (iii) are able to respond quickly (but in any case within 24 hours) to customer email contacts in the language of the Njalo store website in which you are registered to sell.

Note: If you provide phone support, you are required to do so in English or in the language of and within the business hours of the time zone of the country represented by the relevant Njalo store website.

When you interact with Njalo Customer Service or Selling Partner Support, you are required to communicate in English or in the language of the applicable Njalo store website in which you are registered to sell.

  • Right to Sell: You must be permitted to offer, promote and sell the product on that website.

The laws of each country are different (and laws may vary within countries). As the seller of your products, it is your responsibility to ensure that you do not present customers with offers for your products unless you have confirmed that you are permitted, under all applicable laws, to sell and deliver the product to all potential customers.

For example, confirm that:

    • Applicable export and import laws permit the delivery of that product to each potential customer,
    • Your product meets local consumer protection, product compliance and environmental regulations. For example, the product should comply with local age restrictions, usability requirements (for example, have accompanying product documentation in the local language) and product safety requirements and certifications (for example, comply with all hazardous materials restrictions, include required labeling on the product), and
    • Sale and delivery of your product will not violate the intellectual property rights of others (for example, the product manufacturer).
  • Listings: You will list your products using the primary language and currency of the Njalo store website in which you are registered to sell.
  • Customer charges: Your listing will include all applicable charges and taxes (including VAT, customs duty, excise taxes, as applicable). You will provide VAT invoices to the customer upon the customer’s request, if applicable.
  • Returns: You will explicitly state if and how you process international refunds either directly on the product details page or via information on the packing slip.
  • Taxes: You are solely responsible for (i) determining whether any taxes apply, (ii) accounting for any taxes due, and (iii) Intrastate reporting to the appropriate tax authority. You are responsible for meeting any GST/VAT obligations that apply, including GST/VAT obligations in the country to which you deliver your products, and any other applicable countries.
  • Your Selling Agreement: You will, at all times, comply with the terms and conditions of your selling agreement.

Selling on Njalo fee breakdown

Njalo collects the lower of the applicable fees stated below and any fees communicated to you by Njalo (such as promotional fees that Njalo may provide from time to time). This does not apply to certain sellers, such as warranty providers and other service providers, who will continue to pay selling fees in accordance with the rates provided in their program agreements.

Monthly membership fee

  • Bronze seller plan: No monthly membership fee
  • Gold seller plan: USD $25 per month
  • Black Diamond seller plan: USD $100 per month

Selling fees

When your product sells, Njalo collects the amount paid by the buyer (including the price and any shipping, gift-wrap, or other charges). Sellers are encouraged to set their own shipping rates, with Gold and Black Diamond sellers having the capability to offer free shipping. All shipping costs are the responsibility of the seller and all charges collected are remitted to the seller.

Njalo Commission fees

Sellers pay a commission on each item sold.

For all products, Njalo deducts the applicable commission fee percentage calculated on the total sales price, excluding any taxes and shipping charges. The total sales price is the total amount paid by the buyer, including the item price and any taxes, delivery or gift wrapping charges.

Commission fees vary by seller membership level, as listed below.

  • Bronze seller plan: 25%
  • Gold seller plan: 15%
  • Black Diamond seller plan: 5%

Refund administration fee

If you refund a customer for an order for which you have already received payment, Njalo will refund you the amount of the referral fee you paid for the item(s), minus the applicable refund administration fee, which is the lesser of $5.00 or 20% of the applicable referral fee.

For example, if you refund a customer the $10.00 total sales price of an item in a category with a 15% referral fee, your refund administration fee will be $0.30 ($10.00 x 15% referral fee = $1.50).

Examples of commission fee calculations

Example:

Bronze

Gold

Black Diamond

Item Price

100

100

100

Shipping

5.5

5.5

5.5

Tax

10

10

10

Customer total

115.5

115.5

115.5

Njalo commission

25

15

5

Seller take

80.50

90.50

100.50

Sales tax

10

10

10

 

Restricted products

Customers trust that they can always buy with confidence on Njalo. Products offered for sale on Njalo must comply with all applicable laws, regulations and internal Njalo policies. The sale of illegal, unsafe, or other restricted products listed on these pages, including products available only by prescription, is strictly prohibited.

If you supply goods on Njalo, you should carefully review the Restricted Products help pages before listing a product. The examples provided in these Help pages are not all-inclusive and are provided solely as an informational guide. We encourage you to consult with your legal counsel if you have questions about the laws and regulations concerning your products. Even where a product is listed as an “Example of Permitted Listings,” all products and listings must also comply with applicable laws. In addition, any links provided are for informational purposes only, and Njalo does not warrant the accuracy of any information provided in these links.

If you supply a product in violation of the law or any of Njalo’s policies, including those listed on the Restricted Products pages, we will take appropriate corrective actions to ensure the safety and compliance of products available for sale on Njalo, including but not limited to immediately suspending or terminating selling privileges, destroying inventory in our fulfillment centers without reimbursement, returning inventory, terminating the business relationship, and permanent withholding of payments. The sale of illegal or unsafe products can also lead to legal action, which may also include civil and criminal penalties or forfeiture of goods.

We are constantly innovating on behalf of our customers and working with regulators, third party experts, vendors, and sellers to improve the ways we detect and prevent illegal and unsafe products from reaching our marketplace. Njalo encourages you to report listings that violate Njalo’s policies or applicable law by contacting us at support@njalomarket.com. We will investigate each report thoroughly and take appropriate action.

Additional related policies

  • Sellers must ensure their products are accurately categorized, described, and in compliance with Njalo’s listing standards for any product sold on Njalo, as outlined in the product detail guide.
    • If listings are identified to be purposefully inaccurate, miscategorized, or deceptively described to circumvent any of Njalo’s category, product, and listing restrictions, sellers’ accounts may be subjected to corrective actions, including but not limited to the immediate termination of selling privileges.
  • Certain categories require you to obtain pre-approval from Njalo before listing in those categories.
  • Certain categories require you to provide additional information and/or a supplemental guarantee before listing in those categories.
  • Certain products are subject to additional regulation in the state of California. The list of regulations below is provided solely as an informational guide and is not comprehensive. We encourage you to consult with your legal counsel if you have questions about the laws and regulations applicable to your products.

California regulations

  • California Air Resources Board (CARB)
  • California Department of Forestry and Fire Protection (CAL FIRE)
  • California Energy Commission (CEC)
  • If you wish to list items for international purchase, you are responsible for conducting proper research to ensure that the items listed comply with all applicable laws and regulations.
  • Products that claim to be “FDA Cleared,” “FDA approved” or products that include the FDA logo in associated images need to meet additional requirements (for more information, see: Is It Really ‘FDA Approved’? and FDA Logo Policy)
  • Sellers who violate Njalo policies or applicable law may be subject to enforcement action, which can vary depending on the type of offense and the seller’s account history. Sellers who have had their selling privileges removed may appeal the decision in most cases. For more information on how to appeal a decision, contact Njalo at support@njalomarket.com

Restricted products list

  • Alcohol
  • Animals & Animal-Related Products
  • Art – Fine Art
  • Automotive and powersports
  • Composite Wood Products
  • Cosmetics and Skin and hair care
  • CPAP Cleaning and Disinfecting Devices
  • Currency, Coins, Cash Equivalents, and Gift Cards
  • Dietary supplements
  • Drugs and drug paraphernalia
  • Electronics
  • Explosives, weapons, and related items
  • Export Controls
  • Food & Beverage
  • Hazardous and prohibited items
  • Human Parts & Burial Artifacts
  • Jewelry & Precious Gems
  • Laser products
  • Lighting
  • Lock Picking & Theft Devices
  • Medical devices and accessories
  • Offensive and Controversial Materials
  • Other restricted products
  • Pest control products and pesticides
  • Plant and Seed Products
  • Postage meters and stamps
  • Recalled products
  • Recycling electronics
  • Refrigerants: Ozone-Depleting Substances and Substitutes
  • Tobacco & Tobacco-Related Products
  • Upholstered Furniture, Bedding, & Other Quilted Products
  • Federal Emissions – Products requiring EPA Certificate of Conformity
  • Children’s footwear
  • Children’s apparel
  • Automotive tires, wheels, and rims
  • Washington State expanded polystyrene

Prohibited product claims

Remember: You must comply with all applicable federal laws when listing and selling products on Njalo. You must also comply with state and local laws applicable to the jurisdiction into which your products are sold.

General Rule on Prohibited Product Claims

We want to make it easy for buyers to find, discover, and buy products on Njalo. However, it is also important to provide buyers with information about those products that is accurate and trustworthy, and that is not misleading about the qualities or characteristics of a product.

The Federal Trade Commission protects consumers from unfair or deceptive advertising and marketing practices that raise health and safety concerns. You should review FTC Guidelines and other applicable laws, regulations, and guidelines, as you remain responsible for ensuring that the claims made about your products are fully compliant. Section 5 of the Federal Trade Commission Act prohibits unfair or deceptive acts or practices in or affecting commerce.

The Food and Drug Administration (FDA) also must approve a product for sale that intends to be used for the diagnosis, cure, mitigation, treatment or prevention of disease in humans or animals.

The Environmental Protection Agency (EPA) regulates pesticide claims. Products with pesticide claims may require product registration with the Environmental Protection Agency (EPA).

Njalo policy prohibits the sale of products that are misleading about the qualities or characteristics of the product. Misstatements and partially correct statements are misleading because they do not disclose something the consumer should know.

Prohibited Product Claims for Diseases

Njalo prohibits the sale of products that imply or claim to diagnose, cure, mitigate, treat, or prevent diseases in humans or animals without FDA approval. The following are some example of diseases that products cannot claim to cure, mitigate, treat, or prevent:

  • Acquired Immune Deficiency Syndrome (AIDS)
  • Addictive substance withdrawal
  • ALS (Amyotrophic lateral sclerosis, or Lou Gehrig’s disease)
  • Alzheimer’s disease
  • Anti-Bacterial
  • Anti-Fungal
  • Anti-Microbial
  • Attention Deficit Disorder Drugs (also known as ADD or ADHD)
  • Autism
  • Cancer
  • Cancroid
  • Cataract
  • Celiac
  • Chlamydia
  • Concussion
  • Coronavirus and/or COVID-19
  • Crohn’s
  • Cystic Fibrosis
  • Cytomegalovirus (CMV)
  • Dementia
  • Depression
  • Diabetes/ Diabetic/Diabetic Neuropathy
  • Epilepsy
  • Flu
  • Glaucoma
  • Gonorrhea (‘The Clap’)
  • Gout
  • Hepatitis (A, B & C)
  • Herpes Simplex Virus 1 and 2 (HSV1 & HSV2)
  • Hodgkin’s Lymphoma
  • Human Immunodeficiency Virus (HIV)
  • Human Papilloma Virus (HPV)
  • Influenza
  • Kidney cirrhosis or disease
  • Liver disease
  • Lupus
  • Lymphogranuloma Venereum (LGV)
  • Meningitis
  • Monkeypox
  • Mononucleosis (‘Mono’)
  • Multiple sclerosis
  • Multiple Sclerosis
  • Muscular Dystrophy
  • Mycoplasma Genitalium
  • Nano silver
  • Nongonococcal Urethritis (NGU)
  • Obesity
  • Parkinson’s/ Parkinson
  • Pelvic Inflammatory Disease (PID)
  • Pubic Lice (‘Crabs’)
  • Scabies
  • Seasonal Affective Disorder (SAD)
  • Seizures
  • Stroke
  • Syphilis
  • Traumatic brain injuries (TBIs)
  • Trichomoniasis (‘Trich’)
  • Tumor

Prohibited Claims for Environmental Products

To sell products that are marketed with environmental claims on Njalo, you must ensure that the environmental claims you make about your product are not misleading about the qualities or characteristics of a product.

We’re providing the following highlights from the FTC Green Guides and California’s law on environmental claims to assist you in reviewing the environmental claims that you may make about your products. These highlights are not designed to be comprehensive. You should review the FTC Green Guides and other applicable laws, regulations, and guidelines, as you remain responsible for ensuring that the claims made about your products are fully compliant.

Regulated and Prohibited Pesticide Claims

Pesticide claims are regulated by the U.S. Environmental Protection Agency. These claims may require product registration or require that the product be labeled with an EPA establishment number. The EPA registration and/or establishment number must be clearly labeled on the product. Claims that may require EPA registration include the following:

  • Anti-microbial
  • Anti-bacterial
  • Kills viruses
  • Repels insects

Other pesticide claims may be prohibited even if the product is registered with the EPA. Examples include:

  • Pesticide products that make public health claims (for example, products marketed to control or mitigate any disease, infection, or pathological condition)
  • Pesticide products that make false or misleading claims or are otherwise misbranded (for example, claims regarding the safety of the pesticide or its ingredients, such as “safe”, “non-poisonous”, “non-injurious”, “harmless”, “non-toxic”, or “all natural”)

Prohibited FDA Approved Claims

Products that claim to be “FDA Cleared,” “FDA approved” or products that include the FDA logo in associated images need to meet additional requirements (for more information, see: Is It Really ‘FDA Approved’? and FDA Logo Policy).

Product detail page rules

Customers will first learn about your offers on a product detail page. The following policies ensure that each product detail page covers a single unique item. This helps give customers a clear and consistent buying experience. In general, rules are as follows:

  • Comply with any relevant style guides and refrain from using HTML, JavaScript, or other code.
  • Exclude inappropriate content such as obscene or offensive materials, links or contact information, plot spoilers, reviews or requests for reviews, and advertising.
  • Accurately categorize and describe your products.
    • If listings are identified to be purposefully inaccurate, miscategorized, or deceptively described to circumvent any of Njalo’s Category, product, and listing restrictions, customers’ accounts may be subjected to corrective actions, including but not limited to the immediate termination of selling privileges
  • Refrain from creating duplicate pages for a product that already has a detail page.
  • Create new detail pages for new products or versions.
  • Only create valid ”variations” that relate to the primary product.

Policies for writing listings

  • Comply with the relevant style guide for the product you’re listing. You can find general rules that apply to all products in the Njalo Product Details Guide.
  • Don’t use HTML, JavaScript, or other types of code in your product detail pages. As a special case, you can use line breaks </br> in the description.
  • None of the following are allowed in product detail page titles, descriptions, bullet points, or images:
    • Pornographic, obscene, or offensive content.
    • Phone numbers, addresses, email addresses, or website URLs.
    • Details of availability, price, or condition.
    • Links to other websites for placing orders, or alternative shipping offers, such as free shipping.
    • Spoilers on Books, Music, and Video or DVD (BMVD) listings. This includes giving away plot details crucial to the suspense or surprise ending of a story.
    • Reviews, quotes, or testimonials.
    • Requests for positive customer reviews.
    • Adverts, promotional material, or watermarks on images, photos, or videos.
    • Time-sensitive information, such as dates of tours, seminars, or lectures.
  • Product titles must not have more than 200 characters, including spaces. This upper limit applies to all categories. Some categories might have a limit of even fewer characters.
  • Use capital letters only for the first letter of each word. Do not use all capital letters throughout the attribute. This applies to product titles, bullet points, and product descriptions. Use of Emojis, Emoticons, or symbols at the beginning of each word is prohibited.
  • Comply with Njalo listing standards for any product sold on Njalo. Failure to do so creates a negative customer experience and may result in your selling privileges being temporarily or permanently removed. This includes but is not limited to the following:
    • All products must be accurately categorized. To search for the appropriate category, search the Njalo category hierarchy. If you do not see your category listed, you can add a category during product upload or manual addition.
    • Product titles, product descriptions, and bullet points must be clearly written and help customers understand the product.
    • Product information must be accurate and trustworthy, and not mislead customers about the products’ qualities or characteristics. 
    • Product images must meet Njalo image standards, as well as any category-specific image guidelines. To learn more, see the Product Details Guide.
    • Ensure that the product detail page outlines any additional items that are essential to the function of the product.

Policies for adding detail pages

  • You cannot add details which infringe upon the IP rights of other parties or individuals. 
  • You must not use false product identification information in product detail pages. This includes UPC codes and publication dates.
  • You must not create a product detail page for a product already in Njalo’s catalog.
  • You must not use product detail pages to cross-merchandise or cross-promote a product.
  • For Books, Music, Videos, and DVDs (BMVD), you must not use a single product detail page to advertise more than one product. BMVD-only product bundles must be defined by the publisher or manufacturer and have a single ISBN, UPC, or EAN that is different from the product identifier of any single item in the bundle.

Policies for editing detail pages

  • You may only update detail pages to better or more accurately describe the product as originally listed. For example, permissible updates include additional details, clarifications, grammatical fixes, or removal of content that violates Njalo policy.
  • You may not update detail pages to repeatedly add and remove prohibited claims as identified in Njalo’s Prohibited product claims. Customers who are identified to repeatedly add and remove prohibited claims to circumvent this policy may be subjected to corrective actions, including but not limited to the immediate termination of selling privileges.
  • You may not repeatedly update your listing to add and remove prohibited images, disclaimers, or content to circumvent Njalo policy controls. Sellers must ensure their products are always accurately categorized, described, and in compliance with Njalo’s listing standards for any product sold on Njalo. Listing products on Njalo in a manner to avoid detection is considered evasive behavior. Evasive behavior does not have a path to reinstatement unless you provide valid proof of your adherence to all applicable laws and Njalo policies.
  • You must not use an existing listing for a new version of a product. This includes changes in color, size, material, features, and product name. Instead, create a new product detail page for each new version. For example, a manufacturer updates its streaming media player by adding a new remote control with four buttons instead of two. This product is materially different from the older version and it must be listed as a new ASIN.
  • You cannot edit, update, or add the product ID for a listing that has been created with GTIN exemption. Product ID is a non-editable value and cannot be modified once a listing is created. If you want to update the product ID for a listing that has been created with GTIN exemption, you must delete and create a new listing of the product with a GS1 approved product identifier.

Product Details Guide

Title

·        Capitalize the first letter of each word.

·        Do not capitalize conjunctions (and, or, for), articles (the, a, an), or prepositions with fewer

·        than five letters (in, on, over, with).

·        Use numerals (2 instead of two).

·        State the number of items in a bundled product (pack of 10).

·        Keep it under 200 characters, but make sure to include critical information.

·        Use only standard text, since special characters or symbols like © will not display in the title.

·        Do not include price and quantity.

·        Do not use ALL CAPS.

·        Do not include information about yourself or your company. If you own the brand, put your

·        brand information in the brand field.

·        Do not include promotional messages, such as “sale” or “free ship.” Follow these instructions

·        on how to set up promotions (sign in required).

·        Use your seller name as the Brand or Manufacturer only if your product is Private Label.

·        Do not include subjective commentary, such as “Hot Item,” or “Best Seller.”

Brand

·        A unique and identifiable, symbol, association, name or trademark which serves to

·        differentiate competing products or services

·        A name used to distinguish one product from its competitors that can apply to a single

·        product, an entire product line, or a company

·        A name or symbol used to identify a seller’s goods or services, and to differentiate them from those of competitors

Example: Sonicare

Manufacturer

·        A business engaged in manufacturing a product

·        Anyone who manufactures a product

Example: Phillips

Note: Do not use your seller name as the Brand or Manufacturer, unless your product is Private Label.

Key features

·        Highlight the top five features that you want customers to consider. For example:

o   Dimensions

o   Age appropriateness

o   Country of origin

o   Warranty information

·        Begin each bullet point with a capital letter

·        Write in fragments and do not include ending punctuation

·        Write all numbers as numerals

·        Separate phrases in one bullet with semicolons

·        Spell out measurements, such as quart, inch, or feet

·        Do not use hyphens, symbols, periods, or exclamation points

·        Do not write vague statements; be as specific as possible with product features and attributes

·        Do not enter company-specific information; this section is for product features only

·        Do not include promotional and pricing information

·        Do not include shipping or company information. Njalo policy prohibits including seller, company, or shipping information

Product descriptions

·         Describe the major product features, such as size, style, and what the product can be used for

·        Include accurate dimensions, care instructions, and warranty information

·        Use correct grammar, punctuation, and complete sentences

·        Do not include any of the following types of information:

o   Seller name

o   E-mail address

o   Website URL

o   Company-specific information

o   Details about another product that you sell

o   Promotional language such as “SALE” or “free shipping”

Images

The best product images will:

·        Have a pure white backgrounds

·        Have at least 1,000 dpi, so that it won’t turn fuzzy when customers zoom in on your image

·        Show the entire product, and have the product occupy at least 80 percent of the image area

·        Include only what the customer will receive

If you image includes any of the following elements, you may receive a quality alert on your listing:

·        Borders, watermarks, text, or other decorations

·        Colored backgrounds or lifestyle pictures

·        Drawings or sketches of the product

·        Accessories or additional products not included in the offer

·        Image placeholders, such as “no image available” text. Njalo will provide a placeholder if you do not have an image for your product.

·        Promotional text, such as “SALE” or “free shipping”

·        Multiple colors of the same product

Technical requirements

Every product on Njalo must have at least one image. We prioritize images larger than 1,000 pixels on the longest side to allow for zoom, which has been shown to enhance sales. We also prefer that images are provided in the JPEG file format. We recommend having at least six images and one video of the product.

All images must meet the following requirements:

  • 500 to 10,000 pixels on their longest side
  • Provided in JPEG (.jpg or .jpeg), TIFF (.tif), PNG (.png), or non-animated GIF (.gif) file formats
  • Clear with no pixelation or jagged edges

Main product images

We call the first image on the detail page the “main image.” This image is also shown to customers in search results.

Your main product image must meet the following requirements:

  • Accurately represent the product as a realistic, professional-quality image, including quantity and color.
  • No placeholders: This includes a temporary placeholder, since the first image uploaded defines the product identity. Using a temporary placeholder can cause your intended image to be blocked from upload.
  • Show the product as 85% of the image.
  • No text, logos, borders, color blocks, watermarks, or other graphics covering the product or in the background. Products with multiple pieces must be relative in size, with no one piece enlarged.
  • Show the entire product within the frame of the image, not cutting off any part
  • Don’t show accessories or any props that aren’t included with purchase and might confuse the customer.
  • Only show the product once in the image, for example, front only, and not both the front and the back in the same image.
  • Show only one unit of the product and any accessories that are included in the purchase. For multipacks or assortments, read further guidance in the Product category section below.
  • Don’t include packaging, unless it’s an important product feature, for example, a carrying case or gift basket may be included.
  • Don’t show any part of a mannequin, regardless of the mannequin’s appearance. This includes being clear, solid-color, flesh-toned, framework, or on a hanger.
  • Show clothing accessories or multipacks flat, with no model.
  • Show on a model if the product is clothing in adult sizes. The model must be standing, not sitting, kneeling, leaning, or lying down. However, we encourage representing various physical mobilities and models who use assistive technology, such as wheelchairs and prosthetics.
All product images

All product images, main or otherwise, must meet the following requirements:

  • Accurately represent the product you are selling.
  • Match the product’s title.
  • No nudity or sexually suggestive images. This includes both models and drawings.
  • Show children’s clothing flat with no model.
  • No images of customer reviews, five-star imagery, claims (for example, free shipping), or selling partner-specific information
  • No text or pricing details (Swatch only)
  • No Njalo logos or trademarks, variations, modifications, or anything confusingly similar to Njalo’s logos and trademarks. This includes, but is not limited to, any words or logos with the terms “Njalo,” “Njalo Market,” “The Market”.
  • No badges used on Njalo, or variations, modifications, or anything confusingly similar to such badges. This includes, but is not limited to minority and underrepresented designation badges, “Bronze, Gold or Black Diamond membership,” “Best seller,” or “Top seller.” 
Product category

We recommend adding at least one of the following images: one with the product on a white background, one with the product in an environment, and one with product information, such as dimensions or nutritional facts, depending on your product.

Categories and products that require approval

We want customers to be able to shop with confidence on Njalo. For certain products, brands, categories, and sub-categories, we require you to obtain approval before listing products. The approval process may include document requests, performance checks, and other qualifications.

Why do certain products require approval to sell?

To protect our customers and maintain their trust, we place selling restrictions on certain products. We may place restrictions to ensure that the products sold in our store are safe, authentic, or meet local and regional regulations.

For certain restrictions, Njalo requires sellers to submit an application. If your request is approved, you will be able to list the product. However, we may not accept applications for every product on which we place selling restrictions on.

How can I tell if a product requires approval?

You can see if approval is required by searching for the product you want to list in the restricted products section.

For new products not in our store, we recommend searching for similar products in the list. Selling restrictions present for existing products similar to yours are likely to be present when you create your listing.

What selling restrictions are typically placed on products?

Selling restrictions are either placed on individual products or groups of similar products (such as products belonging to the same brand). Selling restrictions may be placed on the following entities:

  • Individual ASINs
  • Brands
  • Brands within a specific category
  • Categories
  • Sub-categories

Some products may have overlapping selling restrictions that will require you to submit separate applications to become approved to sell a single product. For example, you might need to submit an application for the brand in addition to the subcategory the brand is listed in.

How do I apply to sell my product?

During the application process, your application consultant will inform you if additional information is required to approve your product listings.

How do I apply to list new products in categories that require approval?

To add a new product to Njalo’s catalog in one of the categories with restrictions, submit a request via email at support@njalomarket.com to begin the application process.

For a comprehensive list of product categories in which you can sell, go to .

What do I do when there isn’t an “Apply to sell” option for my product?

To provide the best possible shopping experience for our customers, we sometimes place selling restrictions on certain products, brands, categories, and sub-categories.

Note: Restrictions may change.

While some of these products may require approval to sell, we may not be accepting applications for various reasons, such as:

  • The product has regulatory or importation limitations that prevent it from being sold.
  • The product has regional compatibility issues that prevent it from being sold in certain regions.
  • The product has temporary selling restrictions that prevent it from being sold during certain time periods.
  • The product cannot be sold in a used, collectible, or refurbished condition.
  • The product has selling restrictions due to a performance issue, such as a product safety or customer complaint.

What do I need to submit to have my application approved?

Requirements vary by product.

When asked to upload documents, such as purchase invoices, pictures of your physical product, or compliance documents, ensure that the document you provide meets all requirements listed on the application page. If any information is missing or a requirement is not met then your request will be declined.

I provided the right document but my request was declined. What do I do?

Review the correspondence that we sent to your case log or email client and review the approval requirements again. Your documents may not have passed our review. You’re welcome to submit a new application, provided that you upload new documents for review.

I tried to apply but received the message “Your account does not qualify.” What does that mean?

We have determined that you are not eligible to sell this product at this time. Selling Partner Support is unable to provide additional information regarding these decisions.

I was already selling this product, but now I can’t. Why?

As our catalog grows, we continuously make new determinations for which products should be restricted based on a number of factors. Even if you were selling your product before, you may be subject to new restrictions for the following reasons:

  • We have placed new restrictions on existing products that may require you to apply for approval. In some instances, we may not accept applications for review.
  • You have received a performance notification related to your product and are required to provide additional information before you can sell it again.

Guidelines for use of Njalo Badges by Sellers

If you are an Njalo Seller, you may use be able to use one of Njalo’s badges: “Get it at Njalo”, the “Only at Njalo” and/or, “certified” designation (aka the “Badges”) provided below and if you comply with the Trademark Usage Guidelines (“Guidelines”) on this page. If you comply with the Guidelines, you do not need any further approval from Njalo to use the Badge. The Guidelines for each badge is as follows:

  • You use the Badge only to advertise that your products are available for purchase on an Njalo website.
  • You not alter the Badge in any manner, and it must appear in its entirety.
  • You may not use the Badge in any manner that implies sponsorship or endorsement by Njalo.
  • You may not use any Njalo logos or other Njalo trademarks, other than the Badge, in your online or offline marketing materials (including product listings on Njalo websites) unless you have written permission from Njalo.

In addition to the above, additional requirements apply if using the “Only at Njalo” or the “certified” Designation badge.

For use of “Only at Njalo”, sellers must certify that the products can only be purchased on Njalomarket.com.

For use of the “certified” designation badge, such as the “certified Black-owned, certified LGBTQ owned, etc” badges, sellers must be approved sellers under said designation.

Trademark Usage Guidelines

These Guidelines apply to your use of the Badges, which is a trademark owned solely by Njalo. As used in these Guidelines, the term “we,” “us,” or “Njalo” means Njalo Services LLC or any of its affiliate companies, and “you” means the seller (either a person or business entity) using the Badges. Strict compliance with these Guidelines is required at all times, and any use of the Badges in violation of these Guidelines will automatically terminate any license related to your use of the Badges.

  1. You are allowed to use the Badges only to advertise the availability of your products on an Njalo website. You may use the Badge only (a) on your own website, (b) in online advertisements, and/or (c) in offline advertisements.
  2. You are allowed to link the Badges to an Njalo website.
  3. You may use the Badges solely for the purpose expressly authorized by Njalo in these Guidelines, and your use must: (i) comply with the most up-to-date version of these Guidelines; and (ii) comply with any other terms, conditions, or policies that Njalo may issue from time to time that apply to the use of the Badges.
  4. You may not alter the Badge in any manner, including but not limited to, changing the proportion, color, or font of the Badge, or adding or removing any element(s) to or from the Badge.
  5. The Badges must appear in its entirety, with reasonable spacing between each side of the Badges and other visual, graphic, or textual elements. Under no circumstance should the Badges be placed on any background that interferes with the readability or display of the Badges.
  6. You may not use the Badges in any manner that implies sponsorship or endorsement by Njalo, other than by using the Badges as specifically authorized in these Guidelines by Njalo.
  7. You may not use the Badges to disparage Njalo, its products or services, or in a manner that, in Njalo’s sole discretion, may diminish or otherwise damage or tarnish Njalo or Njalo’s goodwill in the Badges or any other Njalo trademarks.
  8. Unless otherwise approved, product images must not include any Njalo logos or other trademarks, or variations, modifications or anything confusingly similar to Njalo’s logos and other trademarks. This includes, but is not limited to, any words or logos with the terms NJALO, PRIME, ALEXA, or the Njalo Smile design, as well as other Njalo badges, including “Njalo’s Choice,” “Premium Choice,” “Njalo Alexa,” “Works with Njalo Alexa,” “Best Seller,” or “Top Seller.”
  9. You may include the following statement in and on any materials that display the Badge (hard copy or electronic): “Njalo’s trademark is used under license from Njalo.com, Inc. or its affiliates.”
  10. You acknowledge that all rights to the Badges, and all other Njalo trademarks, are the exclusive property of Njalo, and all goodwill generated through your use of the Badges will inure solely to the benefit of Njalo. You will not take any action that conflicts with Njalo’s rights in, or ownership of, the Badges, or any other Njalo trademarks.

Njalo reserves the right, exercisable at its sole discretion, to modify these Guidelines and/or the approved Badge and to take appropriate action against any use without permission or any use that does not conform to these Guidelines.

If you have questions about these Guidelines, please contact support@Njalomarket.com for assistance.

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