Policy

Management & Compliance

Penalty for Banned/Restricted Sales and IP Infringement

 

Penalty for Banned/Restricted Sales and IP Infringement

I. Violation of Banned/Restricted Sales and IP Infringement

1. Violation of Banned/Restricted Sales

1.1 Violation of banned/restricted products: The products uploaded by the seller are banned/restricted by silver express and against the Rules for Banned/Restricted Products.

● Post banned products: The seller posts products that are strictly prohibited by national laws and regulations, by the laws and regulations of the country where the buyer is located, and by silver express.

● Post restricted products: The seller posts products without the pre-market approval, required business license, authorization etc. any required permits.

2. IPR Violation

2.1 Infringement of patent right

2.1.1 Definition: The act of using a patent for the purpose of making profits without permission of the patentee.

2.1.2 Violations

Patent infringement, namely passing off other's patent, is a behavior that uses non-patented products to pass off patented products, or non-patented methods to pass off patented methods, including but not limited to:

● Labeling the patent number of others on the packaging of the products manufactured or sold;

● Using the patent number of others in an advertisement or other claim material to make people believe this technology developed is the patented technology of others;

● Using the patent number of others in a contract to make people believe this technology in the contract is the patented technology of others;

● Forging or altering a patent certificate, patent document or patent application file of others.

2.2 Infringement of trademark right

2.2.1 Definition: The act of infringing the exclusive right to use a registered trademark for the purpose of making profits without permission of the right holder.

2.2.2 Violations

 

Infringement of trademark right of IPR holders includes but not limited to the following:

● Using a trademark similar to the registered trademark of the same or similar goods without the permission of the registered trademark owner;

● Selling goods that are known to contain counterfeit registered trademark;

● Forging or manufacturing without permission the registered trademark sign of others, or selling or manufacturing without permission the counterfeit registered trademark sign;

● Deliberately facilitating the infringement of the exclusive right to use a registered trademark;

● Causing other damages to the exclusive right to use the registered trademark of others.

2.3 Infringement of copyright

2.3.1 Definition: The act of infringing the copyright for the purpose of making profits without permission of the copyright owner, involving a large amount of illegal earnings or other serious circumstances.

2.3.2 Violations

Infringement of copyright of IPR holders includes but not limited to the following:

● Publishing the copyright owner's work without permission;

● Plagiarizing someone else's work;

● Using someone else's work without making the due payment;

● Renting without permission the work or audio/video products of the copyright owner or copyright-related right holder of film products or products, computer software or audio/video products created by the method similar to film production;

● Using the layout design of books and periodicals of publishers without permission.

II. Severe Violation of Banned/Restricted IPR Sales

3. Severe Violation of Banned/Restricted Sales

The violations include but not limited to:

● Violating the rules for banned products and releasing products that are strictly banned. 

● Banned or restricted products announced by third party agencies such as card organizations and government regulatory agencies

4. Severe Violation of IPR

The violations include but not limited to:

● Frequently uploading the infringing products;

● Selling the infringing products by avoiding the site's rules or regulatory measures, like using misplaced categories, variant words, covering or smearing trademarks, or suggesting in various ways that the products are branded;

● Third party organizations like card organizations, government regulatory agencies, courts, and other international rights organizations file lawsuits or legal requirements;

● silver express disposes of the seller's account or takes other relevant measures at the request of the judicial, law enforcement or administrative authorities.

III. Penalty for Violation of Banned/Restricted Sales and IP Infringement

5. Penalty for Banned/Restricted Sales and IP Infringement

Yellow Cards

Penalty Type

Explanations

Penalty for Non-compliant Account

Penalty Sum

0

Warning

No accumulation, no limit to the account authority

First violation

Banned/restricted sales:

$50/product
 

3

Cyclic fund-transfer

A 30% mortgage for 30 days, $5,000 at most

IPR: 3 cards per violation


Banned/restricted sales: 6 cards per violation

 

6

Cyclic fund-transfer

A 30% mortgage for 30 days, $10,000 at most

12

7-day freezing period

7-day freezing of shop

18

Shop authority downgrading

30-day authority downgrading for the whole shop

24

Shop blocked

Shop's sales authority closed, ordered to rectify in 180 days

30

Account closed

Account frozen permanently, access shut, fund frozen for 180 days

Severe violation

Note:

Each violation record is valid for one year from the date of the violation;

The site has the right to directly close the account of sellers who have repeatedly committed infringement or got involved in serious violations.

 6. Violation of Banned/Restricted IPR Sales (Third-party Complaint)

 Cause

1st violation

2nd violation

3rd violation

Violate the rules for banned/restricted products (reported by card organizations)

Account closed

 

 

Post infringing products

(reported by card organizations)

Non-fixed term freezing

Account closed

 

Post infringing products (reported by brand owners)

Warning

Serious Warning

Account closed

Note:

Each complaint record is valid for one year from the date of the complaint;

Multiple complaints (or regarding multiple products) received by a seller's account from the same IPR holder in three natural days are deemed as one valid complaint.

The site will dispose of the seller's account according to the requirements of the judicial or administrative authorities, including freezing the account in a non-fixed term, closing or terminating the account.

 

Penalty for Illegal Product Information

I. Illegal Product Information

 
1. Photo Piracy
 
1.1 The violations include but not limited to:
 
● Unauthorized use of photos taken by others for product release.
 
 
 
1.2 Penalty
 
● A warning will be given for the first violation in 180 days; 3 yellow cards will be shown for each subsequent violation.
 
● Multiple complaints received by a seller’s account in 3 natural days are deemed as one violation.
 
● Yellow cards are counted in both illegal product release and photo piracy, and will result in penalty on the account, when reaching a certain number.