All Creators are expected to adhere to all applicable laws and the following policies when using the NTWRK Marketplace and offering products and services on NTWRK. By registering for and/or using the NTWRK’s Services in any manner, you hereby agree to comply with these Intellectual Property Policies & Requirements, which are incorporated in the NTWRK Marketplace Platform Services Agreement (“Marketplace Agreement”) by reference and may be updated from time to time by us. Capitalized terms not defined herein have the meanings given to them in the Marketplace Agreement. Creator offenses and the sale and offering of restricted products can result in suspension and/or termination of your Creator account.
Anti-Counterfeiting Policy
Products offered for sale on the NTWRK Platform must be authentic. The sale of counterfeit products is strictly prohibited. Violating the Anti-Counterfeiting Policy, Product Compliance Guidelines, NTWRK Service Terms, or any other policies may result in actions taken against your account, such as, without limitation, suspension and/or termination of your Creator account, cancellation of listings, withholding of payments, and imposing transaction limits.
It is each Creator’s responsibility to source, sell, and fulfill only authentic products. If you sell or supply inauthentic products, we may immediately suspend or terminate your Creator account (and any related accounts). In addition, we do not pay Creators until we are confident our customers have received the authentic products they ordered. We may withhold payments if we determine that an NTWRK Creator account has been used to sell inauthentic goods, commit fraud, or engage in other illegal activity.
NTWRK is dedicated to working with Creators, customers, and rights holders to detect and prevent inauthentic products from reaching the NTWRK Marketplace. As a result, we may remove suspect listings based on our own review of products. When applicable, we also work with rights holders and law enforcement to take and support legal action against Creators that knowingly violate this policy and harm our customers. In addition to criminal fines and imprisonment, Creators of inauthentic products may face civil penalties including the loss of any amounts received from the sale of inauthentic products, the damage or harm sustained by the rights holders, statutory and other damages, and attorney’s fees.
By selling on NTWRK Marketplace you agree that the sale of counterfeit products is strictly prohibited, and that upon NTWRK’s request, you are required to provide to NTWRK, in a reasonable and timely manner, records and documentation on the authenticity of your products.
We encourage NTWRK users who have product authenticity concerns to notify us at legal@thentwrk.com. We will promptly investigate and take all appropriate actions to protect Creators, customers, and rights holders.
Notice and Procedure for Making Claims of Intellectual Property Infringement
If Creator, as a copyright owner, or any third party copyright owner, or agent thereof (the “Owner”), believe that Owner’s work has been copied in a way that constitutes copyright infringement or Owner’s intellectual property rights have otherwise been violated pursuant to the Digital Millennium Copyright Act (“DMCA”), please provide the NTWRK designated copyright agent the written information specified below (see 17 U.S.C. Section 512(c)(3) for further detail):
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner or other intellectual property interest;
- A description of the copyrighted work(s) or other intellectual property(ies) that Owner claim has been infringed
- A description of where the material that Owner claims is infringing is located on the NTWRK Platform, if applicable, with reasonable specificity sufficient to permit NTWRK to locate the material;
- Owner’s address, telephone number, facsimile number, and email address;
- A statement by Owner that Owner has a good faith belief that the disputed use is not authorized by the copyright or other intellectual property owner, its agent, or the law; and
- A statement by Owner, under penalty of perjury, that the above information in Owner’s notice is accurate and that Owner is the copyright or other intellectual property owner or is authorized to act on behalf of the copyright or other intellectual property owner.
NTWRK copyright agent for notice of claims of copyright of other intellectual property infringement can be reached as follows:
P.O. Box 1058
1800 N Highland Avenue
Suite 300
Los Angeles CA, 90028
NTWRK will process any notices of alleged copyright infringement and will take appropriate actions under the DMCA. Upon receipt of notices complying with the DMCA, NTWRK will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity.
NTWRK may notify the owner of the affected content so that he or she can make a notification pursuant to his or her rights under the DMCA. If you receive such a notice, you may provide counter-notification in writing to the NTWRK designated copyright agent. To be effective, the counter-notification must be a written communication that includes the following:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared on the NTWRK Services before it was removed or access to it was disabled;
- A statement from you under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- Your address, telephone number, facsimile number, and email address; and
- A statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside the United States, for any judicial district in which NTWRK may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or any agent of such person.