Corsearch Product Specific Terms – Amazon Buy Box Protection

These Product Specific Terms apply to Amazon Buy Box Protection Services provided by Corsearch to the Customer in addition to the other terms contained in the relevant Order Form.

1. Definitions 

The following words and expressions have the following meanings in these Product Specific Terms and any capitalised terms used but not defined herein have the meanings set forth in the Agreement:

“ASIN” means Amazon Standard Identification Number and identifies a product sold on a given Amazon store.

“Buy Box” means the function on an Amazon marketplace listing that allows customers to add items to their cart or immediately make a purchase.

“Amazon Buy Box Protection Services” means services offered to monitor listings and selling trends on specified ASINs and to detect or enforce against infringements of Customer’s intellectual property and other brand related rights.

“Corsearch Platform(s)” includes, solely in relation to the Amazon Buy Box Protection Services, the third party platform used by Corsearch to deliver the services.

“Letter of Authority” means documented authorization by Customer to Corsearch giving Corsearch the authority to act on its behalf in relation to any Services listed herein or provided in an Order Form.

2. Services

Corsearch will deliver the Services for the amount of ASINs specified by Customer in the applicable Order Form. Customer may, by way of written request to Corsearch, add or remove ASINs from the Services provided that:
(i) the total number of ASINs monitored does not exceed the total number of ASINs purchased by Customer under the applicable Order Form(s); and
(ii) following such request no further requests may be made within six (6) months from the previous request.

3. Authorization

Customer acknowledges that Corsearch may need to act pursuant to the Letter of Authority in the delivery of the Services provided under the Agreement. If required, the Customer will provide the necessary Letter of Authority during the onboarding process or as required during the Term. Customer must ensure the Letter of Authority is provided by the owner of the Intellectual Property Rights covered by the Order Form and Corsearch is not responsible for third party claims resulting from or related to the instructed actions or Services provided.

4. Onboarding Process

Customer acknowledges that the provision of the following documents and information may be necessary for Corsearch to begin providing the Services:

4.1 a signed Letter of Authority;
4.2 list of brand(s) in scope;
4.3 list of ASINs and Amazon regional websites to be monitored;
4.4 list of sellers authorized to sell on Amazon; and
4.5 any information and/or documentation necessary and reasonably requested by Corsearch to deliver the Services.
(collectively the “Onboarding Materials”)

In the event of any delay by the Customer to provide Corsearch with the necessary Onboarding Materials, Corsearch will notify the Customer of the impact of the missing Onboarding Materials and the Customer acknowledges that Corsearch’s ability to fully deliver the Services may be impacted.

5. Liability

This clause takes precedence over any conflicting clause relating to liability, solely as arising in connection with the Amazon Buy Box Monitoring Services, that is stated in the Agreement.

Nothing in the Agreement shall limit or exclude either Party’s liability for: (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors; (b) fraud or fraudulent misrepresentation; or (c) any other liability which cannot be limited or excluded by applicable law.

Neither Party shall be liable to the other Party, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the Agreement for loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of use or corruption of software, data or information; loss or damage to goodwill or reputation; and any indirect or consequential loss.

Except in relation to its liability arising from the following clauses of the Agreement: (a) Clauses 8 (Indemnity); (b) Clause 11 (Confidentiality); (c) fees owing to Corsearch; (d) a breach by Customer of Clause 4.2; and (e) any subpoenas, legal orders, demands or requests for information, each Party’s aggregate liability under the Agreement shall be limited to amounts actually paid or payable by Customer to Corsearch for the Amazon Buy Box Protection Services during the twelve (12) months immediately preceding the event that gives rise to such liability.

6. Additional Services

Customer may purchase investigative services or request test purchases during the Term. In such an event the Product Specific Terms for investigative services will apply to these services and, where applicable, an additional Order Form will be executed.

7. Sub-processor
When delivering the Amazon Buy Box Protection Services Corsearch also engages IPSecure Inc., as detailed below, as an additional Sub-processor. Corsearch’s current Sub-processors are listed at https://corsearch.com/privacy/subprocessors.

Processor Name	Description of Processing	Location	Transfer Mechanism
IPSecure, Inc.	Data and Analytics Provider	United States	SCCs