SELLER COMPLIANCE AND MARKETPLACE PARTICIPATION AGREEMENT
This Seller Compliance and Marketplace Participation Agreement (the “Agreement”) is entered into by and between:
[Bozmall], a company duly organized and existing under the laws of the People’s Republic of China, And third-Party Seller, a legally established and validly existing entity (the “Seller”).
The Platform and the Seller are collectively referred to as the “Parties.”
This Agreement governs the Seller’s participation in the Platform’s cross-border e-commerce marketplace.
- PLATFORM BUSINESS MODEL
1.1 The Platform operates:
(a) A cross-border e-commerce marketplace enabling third-party Sellers to sell products to overseas buyers; and
(b) A self-operated retail business selling products directly under the Platform’s own brand or sourcing arrangements.
1.2 The Seller acknowledges and agrees that:
The Platform acts as a marketplace service provider with respect to third-party Seller sales.
The Seller is the legal seller of record for all products it lists and sells.
The Seller bears sole responsibility for its products, representations, compliance, and export activities.
1.3 Nothing in this Agreement shall create any partnership, joint venture, agency, or employment relationship between the Parties.
- LEGAL AND REGULATORY COMPLIANCE
2.1 The Seller shall strictly comply with all applicable laws and regulations of:
(a) The People’s Republic of China;
(b) The importing country or destination region;
(c) International trade and export control regimes.
2.2 Applicable PRC laws include but are not limited to:
E-Commerce Law of the PRC
Customs Law of the PRC
Export Control Law of the PRC
Product Quality Law
Intellectual Property Laws
Anti-Unfair Competition Law
Consumer Rights Protection Law
2.3 The Seller shall obtain and maintain all required licenses, export qualifications, certifications, and regulatory approvals necessary to conduct cross-border trade.
- SELLER OF RECORD AND EXPORT RESPONSIBILITY
3.1 For all third-party Seller transactions, the Seller shall be deemed the seller of record unless otherwise agreed in writing.
3.2 The Seller shall bear sole responsibility for:
Product compliance
Export declarations
Customs documentation
Tax obligations
Regulatory filings
After-sales liabilities
3.3 If the Platform provides logistics, warehousing, or export facilitation services, such services shall not transfer legal compliance responsibility to the Platform unless explicitly agreed in writing.
- PROHIBITED AND RESTRICTED PRODUCTS
4.1 The Seller shall not list, promote, export, or sell any products that are:
(a) Prohibited under PRC law;
(b) Subject to export control without proper authorization;
(c) Prohibited in the importing country;
(d) In violation of international conventions;
(e) Infringing intellectual property rights.
4.2 Prohibited products include, without limitation:
Weapons, firearms, explosives
Military or dual-use goods without license
Narcotics and controlled substances
Hazardous chemicals restricted for export
Counterfeit or replica goods
Endangered wildlife products
Any goods restricted by customs authorities
4.3 The Platform reserves the right to immediately remove any suspected prohibited listings.
- CUSTOMS AND EXPORT COMPLIANCE
5.1 The Seller shall ensure all customs declarations are truthful, accurate, and complete, including:
Correct HS code classification
Accurate declared value
Correct product description
Proper country of origin
5.2 The Seller shall not:
Engage in under-invoicing or over-invoicing
Misclassify products
Submit false documentation
Circumvent export controls
5.3 Where products fall within the scope of the PRC Export Control Law, the Seller shall obtain required export licenses before shipment.
5.4 The Seller shall maintain all trade compliance documentation for the legally required retention period.
- INTELLECTUAL PROPERTY PROTECTION
6.1 The Seller represents and warrants that all listed products and related content do not infringe third-party intellectual property rights.
6.2 The Seller shall be fully liable for any infringement claims, disputes, damages, or regulatory penalties.
6.3 The Platform may remove listings, suspend accounts, withhold payments, or terminate this Agreement upon reasonable suspicion of infringement.
- PRODUCT QUALITY AND SAFETY
7.1 The Seller guarantees that all products:
Comply with applicable safety standards
Meet mandatory certification requirements
Are safe and fit for intended use
7.2 In case of product defects, safety incidents, or recalls, the Seller shall:
Immediately notify the Platform;
Cooperate with investigation;
Bear all associated costs and liabilities.
- FAIR COMPETITION AND ETHICAL CONDUCT
The Seller shall not engage in:
False advertising
Fabricated reviews
Fraudulent transactions
Manipulation of rankings
Money laundering
Any unlawful or unethical conduct
- PLATFORM RIGHTS AND RISK CONTROL
9.1 The Platform may:
Conduct compliance audits
Request documentation
Suspend or terminate accounts
Remove listings
Freeze or withhold funds where legally permitted
Report violations to authorities
9.2 The Platform may implement risk-control measures, including transaction monitoring and compliance verification.
- INDEMNIFICATION
The Seller shall indemnify, defend, and hold harmless the Platform and its affiliates from any claims, penalties, losses, or damages arising from:
Legal violations
Export control breaches
Customs violations
Intellectual property infringement
Product safety claims
- LIMITATION OF LIABILITY
11.1 To the maximum extent permitted by law, the Platform shall not be liable for indirect, incidental, consequential, or punitive damages arising from the Seller’s activities.
11.2 The Platform’s aggregate liability shall not exceed the total service fees paid by the Seller in the preceding twelve (12) months, except where otherwise required by law.
- GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the People’s Republic of China.
Disputes shall be submitted to the competent People’s Court at the Platform’s registered domicile unless otherwise agreed.
