Brand Protection Program
Terms and Conditions of use for Members
Current version at 02/20/2020
Membership and participation in the Brand Protection Program of Mercado Libre ("Brand Protection Program" or the "Program") implies acceptance of these terms and conditions.
This contract describes the general terms and conditions (the "Terms and Conditions") applicable to the use of the Brand Protection Program offered by Mercado Libre on the website www.mercadolibre.com ("MercadoLibre" or the "Website").
Any person with legal capacity to contract (hereinafter, the "Member", once enrolled to the Program) who wishes to access and/or use the Brand Protection Program may do so subject to these Terms and Conditions, which are complementary to the Frequently asked questions and answers about the Program (FAQs) published on the Site, the General Terms and Conditions of Mercado Libre available on the Website and the company's policies for the provision of its services.
ANY PERSON WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS, WHICH HAVE OBLIGATORY AND BINDING NATURE, MAY NOT USE OR CREATE AN ACCOUNT IN THE BRAND PROTECTION PROGRAM.
The Member must read, understand and accept all the conditions established in these Terms and Conditions, as well as in the other documents incorporated therein by reference, prior to registration as a Member of the Brand Protection Program and accept to receive any communication and information regarding the Brand Protection Program by digital means.
01. Importance of the Brand Protection Program
In Mercado Libre we work every day to provide the best shopping experience.
For that reason, and in order to ensure that our buyers acquire quality products, Mercado Libre actively collaborates with the owners of intellectual property to facilitate the protection of their rights and ensure a safe and reliable transactional space.
What is understood by Intellectual Property and what rights can be enrolled in the Program?
Through participation in the Brand Protection Program, rights holders or their legal representatives can protect the following Intellectual Property Rights:
- Patents and Utility Models
- Industrial Models and Designs
Who can enroll?
- Rights holders
- Legal representatives with supporting documentation
02. Functioning of the Program
Brand Protection Program is the tool developed by Mercado Libre for holders of Intellectual Property Rights that consists of a notice and takedown or “notification and cancellation” system. This allows these owners to report listings from sellers who are in violation of their rights.
Once enrolled, the Member can use the tool to navigate the Website or access it through the Mercado Libre APIs (Application Programming Interfaces), and search for listings in apparent violation of their rights.
If the Member detects any such listing, he may select and report it.
Only the possibility of reporting in marketplaces where the Member had accredited the existence of valid and current rights and that had been previously enrolled to the Program will be allowed.
From the report, the listing will be suspended and notice will be given to the reported seller, who will have a period to contact the Member through the Program, in case he can prove that the listing does not infringe any rights.
If the reported seller does not respond within the established deadline, the listing will be permanently removed.
If the reported seller answers the report, the Member must review the counter-notice and, if it is satisfactory, request the reactivation of the listing. If the counter-notice is not satisfactory for valid reasons, the Member may ratify his report and the listing will be permanently removed.
If the Member does not answer the counter-notice of the reported seller within the established deadline, the listing will be reactivated.
Sellers who are repeatedly reported may be sanctioned based on reports made by Members, including impact on their reputation, suspension, temporary or permanent disqualification and restrictions on their account.
03. Program Recipients
The Brand Protection Program is available to Intellectual Property Rights holders and their legal representatives.
A holder is the owner of the rights, while a legal representative is authorized by the holder to act on his behalf and to bind the holder, according to these Terms and Conditions.
The holder of the Brand Protection Program membership must coincide with the holder of Intellectual Property Rights, notwithstanding that they may be represented by their legal representatives. For example, official distributors or exclusive representatives who do not have power duly granted for this purpose by the rights holder may not join the Program.
04. Requirements that Members must meet
It is mandatory to complete the registration form in all its fields with true data in order to use the Brand Protection Program.
The Member must complete the form with their personal information in an exact, accurate and true way ("Personal Data") and keep their data updated while participating in the Program. Before confirming membership, Mercado Libre will review the information and documentation provided.
Mercado Libre is not responsible for the certainty of the information and documentation provided by Members. Members will respond, in any case, for the truthfulness, accuracy, validity and authenticity of their information and documentation before Mercado Libre and/or any third party.
Mercado Libre reserves the right to request documentation or additional information in order to corroborate the registration data in the Brand Protection Program, as well as to temporarily or permanently suspend those Members whose data could not be confirmed. In these cases of disqualification, the Brand Protection Program account and all its information will be terminated, without generating any right to compensation.
In the event that Mercado Libre confirms enrollment in the Program to a Member, it will grant you a username and password to use exclusively in the Brand Protection Program. Each Member must modify their password periodically to protect the security of their account. From that moment, each Member will access their personal Brand Protection Program account by entering their nickname and personal security password.
Each Member will be responsible for all reports, report ratifications and messages sent with their account. The sale, assignment or transfer of the Brand Protection Program account under any title is prohibited.
Mercado Libre reserves the right to refuse any application for membership as well as to cancel an account for errors or omissions linked to the documentation presented, without generating any right to compensation or compensation for the Member.
05. Listing Reporting Process
06. Reach of the Brand Protection Program
Members of the Brand Protection Program may report allegedly infringing listings, based on their rights to registered trademarks, patents, utility models, copyrights, models and industrial designs.
The Program must be used to make reports that are intended solely for alleged violations of Intellectual Property Rights. For example, reports of listings may not be made for price issues, contraband, tax matters, distribution channels, among others. Where appropriate, they must be taken in the appropriate way. Nor will reports or report ratifications that do not respect the limitations of Intellectual Property Rights invoked by Members be accepted.
In the previous cases, as well as in the rest of the cases of breach of the Program Terms and Conditions, Mercado Libre reserves the right to sanction the corresponding Member, which may imply the limitation and suspension of the account.
07. Obligations of Members
- Comply with the Program Terms and Conditions.
- Make reports exclusively for alleged infringements of your Intellectual Property Rights under your responsibility and act with due diligence, respecting the limitations of the rights invoked, the rights of third parties, the legal uses made by users of the Website and the applicable legislation. In case of doubt, the Member must obtain prior professional advice by his own means before making a report.
- Provide all the valid and current information and documentation that Mercado Libre considers necessary for the enrollment to the Program and keep it updated.
- Guarantee the validity, effectiveness and ownership of the Intellectual Property Rights enrolled to the Program and immediately inform Mercado Libre of any changes in this regard through the Brand Protection Program tool. Update the records or deposits corresponding to the Intellectual Property Rights, in case of renewal, as soon as its expiration occurs.
- Respond to Mercado Libre, reported sellers and third parties for any damage or loss caused by the Member due to the use of the Brand Protection Program, such as cancellation of listings from the Website and consequent loss of sales. The indemnity obligation will be personal in case the representation invoked by a legal representative is not valid.
- Maintain in strict confidentiality all information to which they have access as a result of the accession and use of the Program, as well as the personal password to access the tool.
- Immediately inform Mercado Libre in case of reports made in error through the Support section within the tool.
- Review all the counter-notices provided by the sellers to each of the reports and, in case of rejection of them, indicate a valid reason.
08. Validity and Modification of the Terms and Conditions
The Program and these Terms and Conditions will remain in force for an indefinite period or until Mercado Libre modifies them at any time and without the need to state reasons. In any case, Mercado Libre will publish these modifications on the Website and the modified Terms and Conditions will come into force ten (10) days after its publication.
Any Member who does not agree with the modifications made by Mercado Libre may request the cancellation of their account, at any time. Similarly, any Member may request the cancellation of their account at any time and without the need to express any reason.
09. Information Privacy
To use the Services offered by the Brand Protection Program, Members must provide certain personal data. Personal information will be processed and stored on servers or magnetic media that maintain high standards of security and protection, both physical and technological.
The data provided to Mercado Libre will be used by the company and/or its affiliates in order to enroll the Member to the Program, process the reports, share contact information with the reported sellers so that they can contact the Members, use them for statistical purposes and to respond to information requirements of competent authorities.
Mercado Libre does not intervene in the improvement of the operations carried out among the users of the Website or in the conditions stipulated by them or in their listings. It is the users who determine the contents of their listings and who use the Mercado Libre tools (software) for hosting and listing them. Mercado Libre offers technical and automatic mechanisms for hosting third-party content, maintaining a neutral position regarding the eventual operation they may decide to hold.
Therefore, Mercado Libre is not liable in the event that a seller infringes the rights of a third party or with respect to the existence, quality, quantity, status, integrity or legitimacy of the goods and services offered, the Member renouncing to initiate legal actions against Mercado Libre for such possible infractions.
Mercado Libre only makes the Program available to Members to cooperate with the exercise of their Intellectual Property Rights. It is the Members who decide and make reports against the sellers, so those Members are solely responsible for them and their consequences.
Members know and accept that when making reports against sellers of the Website they do so at their own risk. In no case, Mercado Libre will be responsible for loss of profit, or for any other damage and/or detriment that a Member or seller may have suffered during the use of the Program.
Mercado Libre recommends that Members act with due prudence and common sense when making reports to sellers for alleged violations of their rights because such reports could result in the application of sanctions detailed in section 6 above.
On the other hand, it is recorded that the Program does not create any partnership, mandate or employment relationship between Mercado Libre and each of the Members.
Mercado Libre cannot guarantee results determined by the use of the Program, since it is the Members who will use the tool made available by the company and who must ensure the protection of their rights. Mercado Libre cannot verify the identity or personal data entered by the users of the Website and the Members nor is it responsible for the correspondence eventually exchanged between these users and Members.
11. System Failures
Mercado Libre is not responsible for any damage, loss or detriment caused to the Member for failures on the Website, in the Brand Protection Program tool, the APIs, the Mercado Libre servers or the Internet. Mercado Libre is not responsible for any virus that could affect the equipment of a Member as a result of the access, use or examination of the Program or following any transfer of data, files, images, texts, or audio contained therein.
Members may not charge Mercado Libre with any responsibility or demand payment for lost profits, due to damages resulting from technical difficulties or failures on the Website, in the Brand Protection Program tool, APIs, Mercado Libre servers or Internet .
Mercado Libre does not guarantee the continued and uninterrupted access and use of the Program. The system may not be available due to technical difficulties or Internet failures, or due to any circumstances outside Mercado Libre. In such cases, Mercado Libre will endeavor to restore the operation of the Program as soon as possible without being held for any kind of responsibility.
12. Intellectual Property
Mercado Libre and/or its controlling, controlled, affiliated or subsidiary companies reserve all rights to the Program, including Intellectual and Industrial Property Rights, its brand, name, domain, software, website, content, screens, bases of data, networks, codes, software architecture, information, technology, integration phases, functionalities, files, patents, copyrights, industrial designs and models, trade names, among others, and declares that they are protected by current national and international laws .
In no case will it be understood that a Member will have any right over them except to use the Program in accordance with the provisions of these General Terms and Conditions. The improper use or contrary to the current regulations of the Intellectual and Industrial Property Rights of Mercado Libre, as well as their total or partial reproduction, is prohibited, unless expressly authorized in writing by Mercado Libre.
Members must refrain from performing any act that could cause damage, loss of reputation, or decrease in the value of the Intellectual and Industrial Property Rights of Mercado Libre.
Each Member shall keep Mercado Libre harmless, as well as its subsidiaries, controlled and/or controlling companies, officers, executives, successors, administrators, representatives and employees, of any liability that may arise from the use of the Program and, in particular, by any claim related to the Program initiated by sellers or third parties, or by any agency, its use, compliance and/or breach of the Terms and Conditions, as well as any violation of laws or rights of third parties.
14. Applicable Law and Dispute Resolution
The provisions of the General Terms and Conditions of Mercado Libre will apply.
Notwithstanding the foregoing, any discrepancy and/or controversy arising from the interpretation or implementation of the Program will be resolved in accordance with the principle of good faith, committing Mercado Libre and Members to provide their best efforts to achieve a harmonious solution, in merit of the spirit of mutual cooperation.