Vendor and Products Requirements Policy

You expressly agree and acknowledge that the terms and conditions contained in this Vendor and Product Requirements Policy are incorporated within the PowerHouse Client Contract (the Client Contract”), and you expressly acknowledge that you have read this Vendor and Product Requirements Policy and agree to comply with and be bound by all of its terms and conditions as a requirement of creating and maintaining an account with PowerHouse.  Capitalised terms used but not defined in this Vendor and Product Requirements Policy shall have the same meanings ascribed to them in the Client Contract.

If at any time you do not agree with any part of this Vendor and Product Requirements Policy, you agree that your sole remedy is to cease any further use of the PowerHouse Services and terminate your account, in which case you agree that any activity that transpired prior to the date of such termination shall be governed in full by this Vendor and Product Requirements Policy.

  1. Vendor Requirements

PowerHouse requires Vendors to abide by the following criteria in order to sell any Products through the PowerHouse Marketplace.  Your submission of any Products for sale on the PowerHouse Marketplace implies your agreement that:

    1. You will create and be responsible and liable for your:
      1. PowerPage(s) and/or PowerSite(s) which accurately and clearly describe(s) your Product(s); and
      2. a “Thank You” page for each Product through which Purchasers will receive clear and accurate instructions on how and when they will receive the Product, including a valid email address to which Purchasers or PowerHouse can send enquiries and, when necessary, receive a non-automated response by end of the following New Zealand business day.
    2. You will provide appropriate technical support pages for all Products that you submit for sale on the PowerHouse Marketplace in English and all of the other languages in which the Products are offered on your own PowerPage(s) and/or PowerSite(s).  Your technical support must be consistent with best industry practices and standards.
    3. All Products and Promotions, including any statements, claims, comments or messages distributed via the PowerHouse Services must be fully compliant with your country’s laws and with New Zealand laws, including New Zealand Commerce Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection.  You should review materials available at http://www.comcom.govt.nz and familiarise yourself with applicable regulations.
    4. You agree that you will not suggest in any way, whether express or implied, that any of your Products are endorsed, approved or sponsored by PowerHouse.  Further, if you offer any promotions or incentives to Affiliates, you must affirmatively state that they are offered only by you and not offered or guaranteed by PowerHouse.  You also agree that:
  • The contents of all material made available by Vendors via the PowerHouse Services, including via PowerPages, PowerSites and PowerMail, are provided solely by the individual Vendor and not by PowerHouse.
  • While PowerHouse requires Vendors to present only accurate and reliable information, PowerHouse does not independently review or verify information submitted by Vendors for accuracy, completeness, efficacy, or timeliness.
  • PowerHouse does not guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any such information, nor is it responsible for any bonuses, prizes, or other incentives offered by Vendors.
  • Your use of any information presented by a Vendor is voluntary, and your reliance is at your own risk.

PowerHouse’s publication of any information, statements, or claims by a Vendor does not constitute its endorsement of any Vendor, Product, or incentive.

  1. Product Requirements

All Products must be fit for purpose, including any purposes indicated in the listing.

    1. Your listing must:
      1. draw attention to any defects; and  
      2. ensure delivery terms are clear and can be met, ie include shipping costs, taxes, fees and estimated delivery times.
    1. All physical Products must be of acceptable quality, safe and durable.  You must:
      1. ensure items are shipped as soon as possible, and within a week of receiving payment and delivery address, unless otherwise indicated in the listing or agreed by both parties; and
      2. act responsibly and promptly to fix any product faults within a reasonable time after the sale (other than those caused by unreasonable use) or offer a replacement or refund.
    1. All digital Products must be original or otherwise appropriately licensed and non-infringing content that is digitally delivered within 24 hours of purchase (immediate delivery preferred).  If your digital Product cannot meet this requirement, you must receive a written exemption from an authorised PowerHouse representative. 
    1. You understand that PowerHouse may require that you include additional guidelines and disclaimers for certain Product categories, and you agree to accept those guidelines and add those disclaimers, if your Products fall within those categories in order to have the Products sold via the PowerHouse Marketplace.  For the avoidance of doubt, you acknowledge that you expressly agree to comply with this requirement as a condition of registration pursuant to the PowerHouse Client Contract.
    1. PowerHouse prohibits the following types of products:
      1. Unlicensed proprietary content.
      2. Any product that, in PowerHouse’s sole judgment, encourages the unlawful transfer of copyrighted media, such as music, movies, videos, and games.
      3. Spyware.
      4. Existing debts or promissory notes.
      5. Digital cash.
      6. Spending accounts.
      7. Money transfer.
      8. Gift certificates.
      9. Securities or stocks or bonds.
      10. Deeds or titles.
      11. Lottery tickets or sweepstakes.
      12. Wagers or wagering pools, gambling or betting of any kind;
      13. Pornography or pornographic entertainment of any kind.
      14. Warez.
      15. Pirated software or pirating tools.
      16. Hacking tools.
      17. http/tcp proxies, irc/ircd, Bnc, Eggdrop, Socks4/5.
      18. Remote bots.
      19. Shell accounts.
      20. Dial-ups or dial-ins.
      21. Phone services, phone minutes, cell messaging, or cell sms.
      22. Spamming tools.
      23. Fake ID tools.
      24. Credit reports or credit repair.
      25. Professional services, including accounting, legal, medical, and pharmaceutical services.
      26. Social security number (“SSN”) searches, SSN lookups or SSN verifications.
      27. Term papers or other academic works.
      28. Anonymous proxies or proxy lists.
      29. Password lists or email address lists or postal address lists.
      30. Hotel/travel reservations.
      31. Seminar, concert, or other event tickets or vouchers.
      32. Event reservations.
      33. Franchises or franchise opportunities.
      34. Multilevel membership (including MLM, matrix, wheel, cylinder, downline, upline, chain, or pyramid) or any Product that has no appreciable value to the customer other than the potential for resale.
      35. Products about marketing through Craigslist or social networking sites that are contrary to the social networking site’s terms of use.
      36. Any materials containing, endorsing or encouraging discrimination, violence, hatred, revenge, racism, victimisation, criminal activity.
      37. File sharing or file storage products.
      38. Any other category PowerHouse decides to prohibit.

Offering of any of the prohibited products may result in the immediate suspension or termination of all of your activities with PowerHouse (including non-offending activities) and the forfeiture of any account balance owed by PowerHouse.

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