Terms and Conditions

User Agreement

This User Agreement, and all terms and policies posted herein, and on our site set, out the Terms and Conditions on which motovideo.com (the “Site”) offers you access to and use of our site.

The entity you are contracting with is Arrowhead Technical Sales & Marketing, LLC dba motovideo.com. this Agreement (the “Agreement”) contains the terms and conditions that govern your access to and use of the Site and is an agreement between you or the business you represent and motovideo.com. by registering for or using motovideo.com, you (on behalf of yourself or the business you represent) agree to be bound by the terms of this Agreement.

About motovideo.com

Motovideo.com is a marketplace that allows Motovideo.com and users to offer, sell and buy videos, DVDs, cameras, software, and related items in a variety of pricing formats and locations. The actual contract for sale is directly between the sellers and buyers. In some cases, motovideo.com may be a Seller.

We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites. Certain content that appears on this site comes from Amazon Services LLC. This content is provided ‘AS IS’ and is subject to change or removal at any time.

While we may provide guidance in our Site, such guidance is solely informational and you may decide to follow it or not. Also, while we may help facilitate the resolution of disputes through various programs, Motovideo.com has no control over and does not guarantee the existence, quality, safety or legality of items advertised; the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will complete a transaction or return an item.

Registration

To begin, you must complete the registration process. Use of the Site is limited to parties that can lawfully enter into and form contracts under applicable Law. As part of the application, you must provide us with your (or your business’) legal name, address, phone number and e-mail address. We may at any time cease providing any or all of the Site at our sole discretion and without notice.

Fee Payments; Receipt of Sales Proceeds

Fees to sellers may be negotiated via a separate Agreement, which is executed between you, and Motovideo.com. You are responsible for all of your expenses in connection with this, or a separate Agreement. You will use only a name you are authorized to use and will update all of the information you provide in connection with the Site as necessary to ensure that it at all times remains accurate, complete, and valid.

If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Motovideo.com or third parties, then we may in our sole discretion withhold any payments to you for as long as we determine any related risks to Motovideo.com or third parties persist. For any amounts that we determine you owe us, we may offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; or invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; reverse any credits to Your Bank Account; or we may collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, then we may in our sole discretion permanently withhold any payments to you. Except as provided otherwise, all amounts contemplated in this Agreement will be expressed and displayed in the Local Currency, and all payments contemplated by this Agreement will be made in the Local Currency.

In addition, we may require that you mitigate the risk of returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Motovideo.com or third parties.

As a security measure we or our partners may, but are not required to, impose transaction limits on some or all customers and sellers relating to the value of any transaction or disbursement, the cumulative value of all transactions or disbursements during a period of time, or the number of transactions per day or other period of time. We will not be liable to you: (i) if we do not proceed with a transaction or disbursement that would exceed any limit established by us for a security reason, or (ii) if we permit a customer to withdraw from a transaction because the Site is unavailable following the commencement of a transaction.

4. Term and Termination.

The term of this Agreement will start on the date of your completed registration for, or use of, our Site, whichever occurs first, and continue until terminated by us or you as provided in this Agreement (the “Term”). We may terminate or suspend this Agreement or any Service for any reason at any time by notice to you. You may terminate this Agreement or any Service for any reason at any time by the means then specified by Motovideo.com. Upon termination, all rights and obligations of the parties under this Agreement will terminate.

License

You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials; provided, however, we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal or change requests as to specific uses of Your Trademarks (provided you are unable to do so using standard functionality made available to you via the Motovideo.com Site; provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).

Representations

You represent and warrant to us that: (a) if you are a business, you are duly organized, validly existing and in good standing under the Laws of the country in which your business is registered and that you are registering for the Service(s) within such country; (b) you have all requisite right, power, and authority to enter into this Agreement, perform your obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by you or your Affiliates to Motovideo.com or its Affiliates is at all times accurate and complete; and (d) you and all of your subcontractors, agents, and suppliers will comply with all applicable Laws in your performance of your obligations and exercise of your rights under this Agreement.

Indemnification

You release us and agree to indemnify, defend, and hold harmless us, and our respective officers, directors, employees, representatives, and agents against any claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to: (a) your actual or alleged breach of any obligations in this Agreement; (b) any of Your Sales Channels other than Motovideo.com, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death, or property damage related thereto; (c) Your Personnel (including any act or omission of Your Personnel or any Claim brought or directed by Your Personnel); or (d) Your Taxes. You will use counsel reasonably satisfactory to us to defend each indemnified Claim. If at any time we reasonably determine that any indemnified Claim might adversely affect us, we may take control of the defense at our expense. You may not consent to the entry of any judgment or enter into any settlement of a Claim without our prior written consent, which may not be unreasonably withheld.

Disclaimer & General Release

A. The motovideo.com Site, including all content, software, functions, materials, and information made available on or provided in connection with the Site, are provided “as-is.” as a user of the Site, you use the Site at your own risk. to the fullest extent permissible by law, we and our affiliates disclaim: (i) any representations or warranties regarding this agreement, Site or the transactions contemplated by this agreement, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement; (ii) implied warranties arising out of course of dealing, course of performance, or usage of trade; and (iii) any obligation, liability, right, claim, or remedy in tort, whether or not arising from our negligence. we do not warrant that the functions contained in the motovideo.com Site will meet your requirements or be available, timely, secure, uninterrupted, or error free, and we will not be liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of any transactions.

B. Because motovideo.com is not involved in transactions between customers and sellers or other participant dealings, if a dispute arises between one or more participants, each participant releases motovideo.com (and its agents and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Limitation of Liability

We will not be liable (whether in contract, warranty, tort (including negligence, product liability, or other theory), or otherwise) to you or any other person for cost of cover, recovery, or recoupment of any investment made by you or your affiliates in connection with this agreement, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this agreement, even if motovideo.com has been advised of the possibility of those costs or damages. further, our aggregate liability arising out of or in connection with this agreement or the transactions contemplated will not exceed at any time the total amounts during the prior six month period paid by you to motovideo.com.

Insurance

You are encouraged to maintain at your expense throughout the Term commercial general insurance covering liabilities caused by or occurring in conjunction with the operation of your business, including products, products/completed operations and bodily injury, with policy(ies) naming Motovideo.com and its assignees as additional insureds. At our request, you will provide to us certificates of insurance for the coverage to the following address: Motovideo.com, P.O. Box 365, Lake Havasu City, AZ 86405.

Tax Matters

You will be responsible for the collection and payment of any and all of your taxes collected in connection with tax calculation services made available by Motovideo.com and used by you.

Any and all fees payable by you pursuant to this Agreement are exclusive of all sales, use, and similar taxes, and you will pay any taxes that are imposed and payable on such amounts. Except as otherwise provided in this Agreement, you agree that Motovideo.com is not obligated to determine whether taxes apply, and Motovideo.com is not responsible to collect, report, or remit any taxes arising from any transaction. However, if a taxing authority requires us to pay any of your taxes, you will promptly reimburse us for the amounts paid. If the product is shipped from outside your country, the recipient of the product may be required to pay, upon delivery, an amount related to assessed sales, goods and services, use, excise, import, value added, or other taxes or duties. Such taxes or duties, if any, are in addition to the sales proceeds collected by Motovideo.com, or it’s Affiliates.

Confidentiality

During the course of your use of the Site, you may receive information relating to us or to the Site, including but not limited to Motovideo.com Transaction Information, that is not known to the general public (“Confidential Information”). You agree that: (a) all Confidential Information will remain Motovideo.com’s exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Site; (c) you will not otherwise disclose Confidential Information to any other Person; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement. You may not issue any press release or make any public statement related to the Site, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

Force Majeure

We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions, and provisions in this Agreement are intended to be and are for the sole and exclusive benefit of Motovideo.com, you, and customers. As between you and us, you will be solely responsible for all obligations associated with the use of any third party service or feature that you permit us to use on your behalf, including compliance with any terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this section.

Use of Motovideo.com Transaction Information

You will not, directly or indirectly: (a) disclose any Motovideo.com Transaction Information (except that you may disclose that information solely as necessary for you to perform your obligations under this Agreement if you ensure that every recipient uses the information only for that purpose and complies with the restrictions applicable to you related to that information); (b) use any Motovideo.com Transaction Information for any marketing or promotional purposes whatsoever, or otherwise in any way inconsistent with our or your privacy policies or applicable Law; (c) contact a Person that has ordered Your Product with the intent to collect any amounts in connection therewith or to influence that Person to make an alternative transaction; (d) disparage us, our Affiliates, or any of their or our respective products or services or any customer; or (e) target communications of any kind on the basis of the intended recipient being an Motovideo.com Site user. In addition, you may only use tools and methods that we designate to communicate with Motovideo.com Site users regarding Your Transactions, including for the purpose of scheduling, communicating, or cancelling the fulfillment of Your Products. The terms of this Section 14 do not prevent you from using other information that you acquire without reference to Motovideo.com Transaction Information for any purpose, even if that information is identical to Motovideo.com Transaction Information, provided that you do not target communications on the basis of the intended recipient being an Motovideo.com Site user.

Suggestions and Other Information

If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to any Motovideo.com Site (including any related Technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content.

Modification

We may amend any of the terms and conditions contained in this Agreement at any time and at our sole discretion. Any changes will be effective upon the posting of such changes on the Motovideo.com Site, and you are responsible for reviewing these locations and informing yourself of all applicable changes or notices. You should refer regularly to the Motovideo.com Site, as applicable, to review the current Agreement and to be sure that the items you offer can be offered. YOUR CONTINUED USE OF THE SITE AFTER MOTOVIDEO.COM’S POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS.

Password Security

Any password we provide to you may be used only during the Term to access and use the Site, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.

Miscellaneous

The Laws of the State of Arizona, USA will govern this Agreement, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. Motovideo.com and you both consent that any dispute with Motovideo.com or its Affiliates or claim relating in any way to this Agreement or your use of the Site will be resolved by binding arbitration as described in this paragraph, rather than in court, except that (i) you may assert claims in a small claims court that is a Governing Court if your claims qualify and (ii) you or we may bring suit in the Governing Courts, submitting to the jurisdiction of the Governing Courts and waiving our respective rights to any other jurisdiction, to enjoin infringement or other misuse of intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent:

Northwest Registered Agent, Inc. (#C3184722)
1267 Willis Street, Ste 200
Redding, CA 91761

Arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Motovideo.com will not seek attorneys’ fees and costs from you in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person at a mutually agreed location. Motovideo.com and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Motovideo.com and you each waive any right to a jury trial.

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently.

We have the right in our sole discretion to determine the content, appearance, design, functionality, and all other aspects of the Site, including by redesigning, modifying, removing, or restricting access to any of them.

Because Motovideo.com is not your agent, or the customer’s agent for any purpose, Motovideo.com will not act as either party’s agent in connection with resolving any disputes between participants related to or arising out of any transaction.

We will send all notices and other communications regarding this Agreement to you at the e-mail addresses you designated for notifications and updates in your application, as applicable, or by any other means then specified by Motovideo.com. We may also communicate with you electronically and in other media, and you consent to such communications regardless of any “E-mail Preferences” (or similar preferences or requests) you may have indicated on the Motovideo.com Site, or by any other means. You may change your e-mail addresses and certain other information in your Site profile, as applicable. You will ensure that all of your information is up to date and accurate at all times. You must send all notices and other communications relating to Motovideo.com by using the Contact Us form.

This Agreement incorporates and you accept the applicable Terms and Policies, which Motovideo.com may modify from time to time. If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions. This Agreement represents the entire agreement between the parties with respect to the Site and related subject matter and supersedes any previous or contemporaneous oral or written agreements and understandings.

Motovideo.com Seller Service Terms & Policies

Motovideo.com (“Motovideo.com”) allows you to offer certain products and services directly on the Motovideo.com Site.

These Terms are part of the Agreement, but, unless specifically provided otherwise, concern and apply only to your participation in Selling on Motovideo.com. By registering for or using the Motovideo.com Site, you (on behalf of yourself or the business you represent) agree to be bound by these terms.

Seller-1 Your Product Listings and Orders

Seller-1.1 Products and Product Information

You will provide accurate and complete Product Information for each product or service that you offer through the Motovideo.com Site and promptly update that information as necessary to ensure it at all times remains accurate and complete. You will also ensure that Your Materials, Your Products (including packaging) and your offer and subsequent sale of any of the same on any Motovideo.com Site comply with all applicable Laws (including all minimum age, marking and labeling requirements) and do not contain any sexually explicit (except to the extent expressly permitted under our applicable Program Policies), defamatory or obscene materials. You may not provide any URL Marks for use, or request that any URL Marks be used, on any Motovideo.com Site.

Seller-1.2 Product Listing

Merchandising; Order Processing. We will enable you to list Your Products on the Motovideo.com Site, and conduct merchandising and promote Your Products as permitted by us. We may use mechanisms that rate, or allow shoppers to rate, Your Products and your performance as a seller and Motovideo.com may make these ratings and feedback publicly available. We will provide Order Information to you for each order of Your Products through the Motovideo.com Site. We will also receive all Sales Proceeds on your behalf for each of these transactions and will have exclusive rights to do so, and will remit them to you in accordance with this Agreement.

Seller-1.3 Shipping and Handling Charges

For Your Products ordered by customers on or through Motovideo.com, you will typically determine the shipping and handling charges per the carrier you select, and subject to our Policies and standard functionality (including any product-based, or category-based shipping and handling charges we determine). When we determine the shipping and handling charges, you will accept them as payment in full for your shipping and handling.

Seller-1.4 Credit Card Fraud

You will bear the risk of credit card fraud (i.e., a fraudulent purchase arising from the theft and unauthorized use of a third party’s credit card information) occurring in connection with your transactions. Amazon, Paypal, or other affiliates which will process your transactions on their own platforms will have Fraud Management Filters in place. If Motovideo.com processes your transaction Fraud Management Filters will also be in place. You will also bear all other risk of fraud or loss. We may in our sole discretion withhold for investigation, refuse to process, restrict shipping destinations for, stop, and/or cancel any of Your Transactions. You will stop or cancel orders of Your Products if we ask you to do so. If you have already transferred Your Products to a carrier or shipper when we ask you to stop or cancel an order, you will use commercially reasonable efforts to stop or cancel delivery of that order. You will refund any customer that has been charged for an order that we stop or cancel per our instructions.

Seller-2 Sale and Fulfillment; Refunds and Returns

Seller-2.1 Sale and Fulfillment

You will: (a) source, offer, sell and fulfill your Products, in accordance with the terms of the applicable Order Information, this Agreement, and all terms provided by you or us and displayed on the Motovideo.com Site at the time of the order and be solely responsible for and bear all risk for those activities; (b) package each of Your Products in a commercially reasonable manner complying with all applicable packaging and labeling requirements and ship each of Your Products on or before its Expected Ship Date; (c) retrieve Order Information at least once each business day; (d) only cancel Your Transactions as permitted pursuant to your terms and conditions appearing on the Motovideo.com Site at the time of the order or as may be required under this Agreement; (e) fulfill Your Products, except to the extent prohibited by Law or this Agreement; (f) provide to Motovideo.com information regarding fulfillment and order status and tracking (to the extent available), in each case as requested by us using the processes designated by us, and we may make any of this information publicly available; (g) comply with all instructions; (h) ensure that you are the Seller of each of Your Products; (i) include an order-specific packing slip, and, if applicable, any tax invoices, within each shipment of Your Products; (j) identify yourself as the seller of each of Your Products on all packing slips or other information included or provided in connection with Your Products and as the Person to which a customer may return the applicable product; and (k) except as expressly permitted by this Agreement, not send customers emails confirming orders or fulfillment of Your Products.

Seller-2.2 Cancellations, Returns, and Refunds

The Motovideo.com Refund Policies for the Motovideo.com Site will apply to Your Products. You will promptly accept, calculate, and process cancellations, returns, refunds, and adjustments in accordance with this Agreement and the Motovideo.com Refund Policies for the Motovideo.com Site, using functionality we enable for your account. Without limiting your obligations, we may in our sole discretion accept, calculate, and process cancellations, returns, refunds, and adjustments for the benefit of customers. You will route any payments to customers in connection with Your Transactions through Motovideo.com. We will make any payments to customers in the manner we determine, and you will reimburse us for all amounts we pay.

Seller-3 Problems with Your Products

Seller-3.1 Delivery Errors, Nonconforming Product; Recalls

These Motovideo.com Site Terms will apply to non-delivery, mis-delivery, theft, or other mistake or act in connection with the fulfillment of those of Your Products. You are solely responsible for any non-performance, non-delivery, mis-delivery, theft, or other mistake or act in connection with the fulfillment of Your Products, except to the extent caused by our failure to make available to you Order Information as it was received by us or resulting from address verification.

You are also responsible for any non-conformity or defect in, or any public or private recall of, any of Your Products or other products provided in connection with Your Products. You will notify us promptly as soon as you have knowledge of any public or private recalls of Your Products or other products provided in connection with Your Products.

Seller-3.2 Chargebacks

If we inform you that we have received any chargeback or other dispute, concerning one of Your Transactions, you will deliver to us in a format and manner we specify: (a) proof of fulfillment of Your Product(s) (as applicable); (b) the applicable Motovideo.com order identification number; (c) a description of Your Product(s) (as applicable); and (d) any terms provided by you or us and displayed on the Motovideo.com Site at the time of the transaction in question. If you fail to comply with the prior sentence, or if the claim, chargeback, or dispute is not caused by: (i) credit card fraud; or (ii) our failure to make your Order Information available as the same was received by us or resulting from address verification, then you will promptly reimburse us for the amount of the customer purchase (including the Purchase Price, all associated shipping and handling charges and all taxes, but excluding any associated Referral Fees retained and not subject to refund by Motovideo.com) and all associated credit card association, bank, or other payment processing, re-presentment and/or penalty fees associated with the original purchase and any chargeback or refund, in each case to the extent paid or payable by us or our Affiliates.

Seller-4 Parity with Your Sales Channels

You are free to determine which of Your Products you wish to offer on the Motovideo.com Site. You agree to, and will maintain parity between the products you offer through Your Sales Channels and the products you list on any Motovideo.com Site by ensuring that : (a) the Purchase Price and every other term of offer or sale of Your Product (including associated shipping and handling charges, Shipment Information, any “low price” guarantee, rebate or discount, any free or discounted products or other benefit available as a result of purchasing one or more other products, and terms of applicable cancellation, return and refund policies) is at least as favorable to Motovideo.com Site users as the most favorable terms upon which a product is offered or sold via Your Sales Channels; (b) customer service for Your Products is at least as responsive and available and offers at least the same level of support as the most favorable customer services offered in connection with any of Your Sales Channels (this requirement does not apply to customer service for payment-related issues on Your Transactions, which we will provide); and (c) the Content, product and service information, and other information regarding Your Products that you provide to us is of at least the same level of quality as the highest quality information displayed or used in Your Sales Channels. If you become aware of any non-compliance with (a) above, you will promptly compensate adversely affected customers by making appropriate refunds to them.

Seller-5 Compensation

You will pay us, as agreed: (a) the applicable Referral Fees; (b) any applicable Subscription Fee in advance each month; and (d) any other applicable fees described in this Agreement (including any applicable Program Policies) at the time of Your Transaction. Referral Fees and Sales Proceeds will not be based on, or include any shipping charges.

Seller-6 Remittance of Sales Proceeds & Refunds

Except as otherwise stated in this Agreement, we will remit to you the balance of Sales Proceeds as payment in full for Your Transaction, at the time of Customer Order Placement, less the Referral Fees, or any other applicable fees.

We may establish a reserve requirement, to be held in trust, based on our assessment of risks to Motovideo.com or third parties posed by your actions or performance, and we may modify the amount of the reserve from time to time at our sole discretion.

When you either initially provide or later change payment account information, take care to assure we have the proper information to prevent payment interruptions and/or delays.

If you refund money to a customer in connection with one of Your Transactions, and the refund is routed through us, or our Affiliates, we will refund to you the amount of the Referral Fee paid by you to us attributable to the amount of the customer refund including refunded taxes and customs duties. , less the Refund Administration Fee for each of Your Products refunded that is not a BMVD Product, which amount we may retain as an administrative fee; provided, however, that in the case of a complete refund of Sales Proceeds for a Media Product, we will refund to you the full amount of any Variable Closing Fee paid by you to us (and in the case of a partial refund of Sales Proceeds for a Media Product, we will not refund to you any portion of any Variable Closing Fee paid by you to us). We will remit any amounts to be refunded by us pursuant to this subsection from time to time together with the next remittance to be made by us to you.

Seller-7 Control of Motovideo.com Sites

We have the right in our sole discretion to determine the content, appearance, design, functionality, and all other aspects of the Motovideo.com Site, including by redesigning, modifying, removing, or restricting access to any of them, and by suspending, prohibiting, or removing any listing.

Seller-8 Effect of Termination

Upon termination of these Motovideo.com Site Terms in connection with the Motovideo.com Site, all rights and obligations of the Parties under these Terms with regard to the Motovideo.com Site will be extinguished, except that the rights and obligations of the Parties with respect to Your Transactions occurring during the Term will survive the termination or expiration of the Term.