Common use of Prohibited Products Clause in Contracts

Prohibited Products. Prohibited Items" as used herein consist of products listed on the Prohibited Items List maintained on Newegg’s website, as updated from time to time, which is incorporated by this reference. Prohibited Items include, but are not limited to, products containing alcohol or tobacco, prescription drugs, and weapons. Seller shall not list or offer for sale, or attempt to list or offer for sale, any Prohibited Items on the Website. In addition, Seller must not provide any product that may be potentially illegal, obscene, or might infringe on the intellectual property rights of any party, including all restricted content and products listed as such in the Seller Portal. In the event Seller lists or offers for sale, or attempts to list or offer for sale, any Prohibited Item on the Website, Newegg shall be authorized to deduct the sum of $10,000 from the Net Sales Price (defined below) otherwise to be remitted to Seller. Seller agrees that said sum shall be an administrative fee to compensate Newegg for the cost of removing such Prohibited Item, and Seller’s payment of such sum shall not limit its liability to Newegg or waive any rights Newegg may have under this Agreement, including but not limited to indemnity rights.

Appears in 6 contracts

Samples: Newegg B2b Marketplace Seller Agreement, Newegg Marketplace Seller Agreement, Newegg Canada Marketplace Seller Agreement

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