Brand Protection Program (English Version)
Brand Protection Program Terms and Conditions
Valid version from 06/20/2021
Enrollment and participation in the Brand Protection Program of Mercado Libre ("BPP" or the "Program") implies acceptance of these terms and conditions.
This document describes the general terms and conditions (the "Terms and Conditions") applicable to the use of the BPP made available by Mercado Libre on the website www.mercadolibre.com ("Mercado Libre" or the "Website").
Any person with legal capacity to contract who holds Intellectual Property Rights and wishes to access and/or use the BPP to enforce his/her rights (hereinafter the "Member", once enrolled in the Program) may do so subject to these Terms and Conditions, which are complementary to the frequently asked questions about the Program (FAQs) published on the Website, and the General Terms and Conditions of Mercado Libre available on the Website.
These Terms and Conditions are binding and shall be accepted to create a user account and use the Program.
The Member declares to have read, understood and accepted all the conditions set forth in these Terms and Conditions, as well as in the other documents incorporated therein by reference, prior to enrollment as a BPP Member. The Member accepts to receive any communication and information regarding the BPP by digital means.
01. Scope of the Brand Protection Program
In Mercado Libre we work every day to provide the best shopping experience.
For that reason, in order to ensure that our buyers acquire original products and services which do not infringe rights of third parties, Mercado Libre actively collaborates with the holders of Intellectual Property Rights to facilitate the enforcement of their rights and ensure a safer and more reliable transactional space.
What rights can be enrolled in the Program?
Through participation in the BPP, the following Intellectual Property Rights could be enforced:
- Registered trademarks
- Patents and/or Utility Models
- Related rights
- Industrial Models and Designs
Who can enroll?
- Intellectual Property rights holders
- Legal representatives or authorized persons with supporting documentation
02. How the Program Works
The BPP is the tool developed by Mercado Libre for Intellectual Property Rights owners that consists of a listing notice and takedown system. This allows owners to report listings on the Website which allegedly infringe their rights.
In order to use the Program, the owner of the rights shall enroll by filling out the form and submitting the corresponding documentation for the rights he/she is seeking to enforce. After the request of enrollment is approved, the owner shall become a Member and will be welcomed to the Program and receive a link to access account credentials that will allow her/him to monitor and report listings on the Website. Any Member may request the cancellation of his/her account at any time, without giving any reason.
Once enrolled, the Member may use the BPP tool or access its functionalities through Mercado Libre APIs (Application Programming Interfaces) to monitor the Website and report allegedly infringing listings of his/her rights.
It is only possible to report listings in countries where the Member had informed the existence of valid and enforceable rights owned by him/her, previously enrolled in the Program. In that case, Members may not only report listings on the Website www.mercadolibre.com.ar, but also in Mercado Libre websites of said countries.
After the report, the listing will be suspended and notice will be served to the reported seller, who shall have a specific period of time to reply to the Member through the Program and submit a counter-notice to prove that the listing does not infringe his/her rights.
If the reported seller does not respond within the deadline, the listing shall be permanently removed from the Website.
If the reported seller submits a counter-notice, the Member shall review the response within a specific period of time and, if it is satisfactory, request the reinstatement of the listing. If the response is not satisfactory for valid reasons, the Member may ratify his/her report and the listing shall be permanently removed from the Website.
If the Member does not answer the response of the reported seller within the deadline, the listing shall be reinstated.
Mercado Libre does not analyze counter-notices from sellers or the documentation they may send to Members, and it does not intervene in the final decision of the Member as to listing removal.
A listing that is reactivated after being reported, whether because the Member did not share its decision after the seller replied or because the Member rectified the report, may be reported again by the same Member or other Members of the Program. Members who misuse the Program may be subject to sanctions.
Sellers who are repeatedly reported may be sanctioned based on reports submitted by Members, including impact on their reputation, suspension, temporary or permanent shut down of their account.
03. Program Recipients
The BPP is available for owners of Intellectual Property Rights and their legal representatives.
A holder is the owner of the rights, while a legal representative is authorized by the owner to act on his/her behalf, according to these Terms and Conditions.
The holder of the BPP membership, i.e. the Member, shall coincide with the holder of Intellectual Property Rights, notwithstanding the fact that they may be represented by their legal representatives. For example, official distributors or exclusive representatives who do not have powers duly granted to act on behalf of Intellectual Property Right owners to enforce their rights may not be eligible to join the Program.
04. Program Enrollment Requirements
It is mandatory to complete all fields in the enrollment form with truthful data in order to use the Brand Protection Program.
The Member shall fill out the form with exact, accurate and truthful personal information ("Personal Data") and keep such data updated while participating in the Program. Before confirming membership, Mercado Libre shall review the information and documentation provided.
Members shall be liable, in any case, for the truthfulness, accuracy, validity and authenticity of their information and documentation before Mercado Libre and/or third parties.
Mercado Libre reserves the right to request additional documentation and/or information at any moment in order to verify BPP enrollment data.
In the event that Mercado Libre confirms enrollment of an Intellectual Property Rights owner (or its proxy) in the Program, it will grant a Member username and password to use exclusively in the BPP. Each Member shall keep his/her password safely and regularly change it to protect the security of its account. From that moment, each Member shall access the Program account by entering his/her nickname and personal security password. The Program account cannot be used to perform operations of purchase and sale on Mercado Libre nor to make transactions using Mercado Pago.
The Member expressly authorizes Mercado Libre to share with the sellers whose listings are reported, the email address provided in the enrollment form so that they can get in contact once the reporting process has been finalized.
The sale, assignment or transfer of the BPP account under any title is forbidden.
Mercado Libre reserves the right to reject any request for enrollment as well as to suspend or shutdown an existing BPP account for errors, inconsistencies or omissions related to the information and/or documentation submitted, and for making or maintaining ungrounded reports, without giving rise to any rights of compensation or indemnification for the Member. Likewise, Mercado Libre may temporarily deactivate an account from the program, if an activity is not registered within 6 months.
05. Listing Reporting Process
06. Program Use
BPP Members may report listings of sellers on the Website, whose contents or offered product allegedly violate their rights to registered trademarks, patents, utility models, copyrights, industrial models and/or designs.
Each Member shall be solely responsible for all notices, rectifications or ratifications thereof, and messages sent within the framework of his/her reports.
The Program shall be used to make reports that are based exclusively on alleged infringements of Intellectual Property Rights. For example, reports of listings shall not be made for price control, smuggling, fair competition, tax evasion, distribution channels, contractual breaches, among others. In the aforementioned cases, the Member shall take the appropriate legal or administrative action. The reports or ratifications of reports that the Member makes without respecting the limitations of his/her Intellectual Property Rights may be subject to sanctions from Mercado Libre.
In addition, the Member may report listings based only on the rights he/she has enrolled in the Program, using the appropriate reason for reporting. Reports that do not meet these requirements may be rejected without giving rise to any right to compensation in favor of the Member.
In the previous cases, as well as in the other cases of breach of the Program Terms and Conditions, Mercado Libre reserves the right to sanction the corresponding Member, which may involve limiting the number of reports he/she may submit or suspending the Program account.
In case of conflict between different Intellectual Property Rights owners, Mercado Libre may suspend the possibility for them to report each other using the BPP and/or refrain from processing reports when they originate only from one of them, until either or both inform Mercado Libre of an amicable solution reached by the parties outside the Program to solve the matter, or a decision issued by a competent authority.
Mercado Libre reserves the right not to accept the report and to maintain the current listing. The Member and the owner of the listing shall settle the dispute in the corresponding legal or administrative sphere.
07. Obligations of Members
- Comply with the Program Terms and Conditions.
- Make reports exclusively for alleged infringements of Intellectual Property Rights enrolled in the BPP, under their exclusive responsibility, and act in good faith, without committing fraud or misusing the Program, acting 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 applicable legislation, being otherwise subject to sanctions. In case of doubt, the Member shall obtain professional advice by his/her own means before making a report.
- Submit reports based on the right enrolled in the BPP and for the correct reason.
- Provide all the valid and current information and documentation that Mercado Libre considers necessary to enroll and remain in the Program and keep it updated.
- Warrant the validity, enforceability and ownership of the Intellectual Property Rights enrolled in the Program and immediately inform Mercado Libre of any changes in this regard through the BPP tool. Update the records or deposits corresponding to Intellectual Property Rights, in case of renewal, as soon as their expiration occurs.
- Indemnify Mercado Libre, reported sellers and third parties for any damage or loss caused by the Member due to the BPP use, such as cancellation of listings from the Website and consequent loss of sales. The indemnity obligation shall be personal in case the representation invoked by a legal representative is not valid.
- Maintain in strict confidentiality all information to which Members have access as a result of the enrollment in, 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 report and, in case of rejection, state a valid reason.
08. Validity and Modification of Terms and Conditions
The Program and these Terms and Conditions shall remain in full force and effect for an indefinite period of time or until Mercado Libre modifies them. In any case, Mercado Libre shall publish such modifications on the Website ten (10) calendar days in advance so that Members may review them and continue using the Program.
Any Member who does not agree with the modifications made by Mercado Libre may request the shutdown of his/her account, at any time.
09. Information Privacy and Protection
At Mercado Libre we make responsible use of personal information, protecting the privacy of users who entrust us with their data and taking the necessary measures to guarantee the security of our services. Learn more about how we take care of data, including the Personal Information of Program Members, in our Privacy Statement.
At the request of the Members, Mercado Libre may share Personal Information of the sellers reported through the Program under the terms set forth in our Privacy Statement, for them to exercise their Intellectual Property Rights outside the Platform.
If, in order to comply with the objectives pursued by the Program, Mercado Libre shall assign to its Members personal information of its users, Members shall treat such information in accordance with these Terms and Conditions and the Applicable Data Protection Laws. Likewise, in the event that the assignment implies an international transfer of data, they agree to be bound by the International Data Transfer Annex, which is an integral part of these Terms and Conditions.
Mercado Libre provides users with a virtual space that allows them to offer, sell and/or buy goods and services. Sellers are the owners of the products and are solely responsible for determining the conditions of their offer, assuming the commitment not to infringe the rights of third parties.
Therefore, Mercado Libre makes the Program available to Intellectual Property owners to cooperate in the protection of their rights on our Website. Program Members are the ones who identify and detect the alleged infringements and make the reports against seller listings, at their own risk and assuming responsibility for them and for the correspondence exchanged with the sellers by virtue thereof. In this sense, Members are the ones who shall protect their rights and who shall be responsible for the consequences arising from their participation in the Program.
11. Intellectual Property on the Program
Mercado Libre and/or its related companies are owners or licensees of all Intellectual and Industrial Property Rights on the Program, such as its brand, name, software, among others, protected by national and international laws.
In no case shall it be understood that a Member has any right over them except to use the Program in accordance with the provisions of these Terms and Conditions. The improper use or use contrary to current regulations on Intellectual and Industrial Property Rights of Mercado Libre, as well as their total or partial reproduction, are forbidden.
Members shall 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 be responsible and shall hold Mercado Libre harmless, as well as its related companies, officers, executives, successors, administrators, representatives and/or employees, from any administrative or legal claim that may arise from the Program use.
13. Applicable Law and Dispute Resolution
Any dispute and/or controversy arising from the interpretation or implementation of the Program shall be settled in accordance with the principle of good faith. Mercado Libre and Members shall make commercially reasonable efforts to reach an amicable solution, pursuant to the spirit of mutual cooperation.
In the event that the discrepancy and/or dispute cannot be resolved in good faith, the provisions of the Jurisdiction and Applicable Law clause of the General Terms and Conditions shall apply.