Amazon Photos: What Are My Rights To My Own Images?
Our SellerPhoto team receives a lot of questions regarding who owns the rights to their Amazon photos and how to protect piggy-backers from using the Amazon photos they purchased.
We totally get it – you invested money and time into making your product’s images top-notch. If you hired us to do your photography, then you know a lot of time was invested into really capturing your brand and product through gorgeous imagery. You paid for the service, and as such, you have full rights and usage to the images.
So, when you notice that your photos are being used by other sellers either on Amazon or on other e-commerce sites, it can be incredibly frustrating. These people stole your images. There must be something you can do to prevent this from happening, right?
Most images online are secured with watermarks. If third parties were to use them, they would be infringing on copyright laws. However, you cannot use watermarks on Amazon photos. Why? Because once you’ve uploaded anything onto Amazon, it becomes their property. When you signed up to utilize their platform to sell, you relinquished your rights to ownership over any content, imagery, and videos used on their site.
Stated in the seller terms of agreement with Amazon: “You grant us a royalty-free, non-exclusive, worldwide, perpetual, irrevocable right and license to use, reproduce, perform, display (public communication), distribute, adapt, modify, re-format, create and exploit derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all of Your Materials, and to sublicense the foregoing rights to our affiliates and operators of Amazon Associated Properties.”
However, there are a few measures you can take to dissuade other people from using your images.
Though you can’t use watermarks on your Amazon photos, you can put your brand’s logo on the images to assert that they are yours and to discourage other sellers from using them.
1. Send a “Cease-and-Desist” letter to the company using your photos, declaring that they are infringing on your rights to the images.
2. It’s important to note that neither of these actions are full-proof methods in preventing other people from using your Amazon photos, but it will effectively scare away most violators.
Regardless, this shouldn’t dissuade you from investing in great images for your product. Buyers are visual, so great photography plays a crucial role in converting impressions into sales. Taking measures to discourage sellers from using your photos is the best way to protect yourself.
Coupon Marketing Agreement
(“Agreement”) by and between iLoveToReview.com, LLC dba MarketHustl.com, a Nevada limited liability company, (the “Company”) and the undersigned client (the “Client”), effective as of the date set forth above (the “Effective Date”) and covers all promotional campaigns for MarketHustl.
Amazon TOS Compliance
- We are not a review company. We will never ask any member to review a product.
- We have no way of tracking any information related to Amazon reviews
- Providing products in exchange for a review is against Amazon TOS.
- All campaigns are for strategic promotional purposes only
- The term “Coupon Codes” means Amazon.com coupon or promotion codes provided by Client for distribution by the Company. All Coupon Codes provided by Client to the Company shall reflect a Significant discount on the price of the product(s) described above (the “Product(s)”), but need not discount Clients’ ordinary shipping and handling costs.
- Client understands a Campaign Date will not be set until Company receives Coupon Codes for distribution as set forth below.
- The term “Redemption Target” means the numbers of people who use the Coupon Codes to claim a Product(s) from the Client’s Amazon account. Client agrees to provide Company with an accurate report showing such redemptions within three (3) business days of Company requesting it.
- The Company will use reasonable efforts to distribute the Coupon Codes by email, SMS messages or website visitors until Redemption Target has been reached, however, there is no guarantee the redemption target will be reached. The Company will be responsible for the timing, nature, and means of distributing the Coupon Codes; provided, that the Company and Client shall mutually agree in advance to any product description, marketing materials, or the like used by the Company in connection with distributing the Coupon Codes. The Coupon Codes may be distributed in conjunction with coupon codes for other products and/or services, including those of other clients.
- Campaign Fees: Client shall pay the Company the Single Promo or Standard, Basic, Business or Corporate subscription fees which are due immediately upon execution of this Agreement. The Company shall have no obligation to distribute any Coupon Codes until payment in full is received.
- Campaigns: Campaigns are defined as a coupon code promotion for a single ASIN. Single Promotions are limited to a 1 time promotion for up to 200 coupons. All subscriptions can run unlimited promotions per ASIN per month with no coupon limits.
- Client shall be responsible for timely fulfilling all orders for the Product(s) utilizing the Coupon Codes, consistent with its ordinary fulfillment policies, at its own cost. The Company will not pay for any part of the costs or retail price of the Products, and will not provide shipping, logistics, or fulfillment services. Client shall not charge shipping and handling greater than it charges paying customers for like goods.
- The Company shall not be liable for any damage or loss caused by use of the Coupon Codes, including, but not limited to, redemption by persons other than its subscribers, publication of the Coupon Codes, or redemptions of the Coupon Codes in excess of the Redemption Target. If Client believes that the Coupon Codes are being misused it is Client’s responsibility to deactivate the Coupon Codes.
- Upon the Company’s request, Client shall provide to the Company the complete fulfillment report from the time of the campaign.
- Client shall ensure that on the day of the promotion that the product price will be at a price that the Coupon Codes will reduce the item to the agreed upon amount as indicated on the cover of this Agreement. Client further promises that they shall not change the price of the item on Amazon for 5 days after the promotion launch date to ensure that the Coupon Codes will discount the product as promised for 5 days after the promotion date.
- The Term of this agreement shall be for 30 Days from the day the Coupons are first distributed by the Company for all campaigns and automatically renewed each month upon monthly subscription payment.
- Campaigns are valid for 12 months from the date of purchase and are non-refundable.
Indemnification, Insurance, Limitations on Liability.
- Client agrees to indemnify, defend and hold the Company harmless for any liability, damage, loss, claim, cause of action, injury or expense (including reasonable attorney’s fees and costs) arising from or relating to any Client’s product(s) or any product(s) promoted by Client pursuant to this Agreement, Client’s failure to fulfill any order pursuant to the Coupon Codes, any returns, reimbursements or the like, or any claim that any product promoted by Client under this Agreement was in any way defective or deficient, including, but not limited to, claims in the nature of negligence, product liability, breach of warranty (express or implied), breach of contract, or fraud (collectively the “Covered Claims”), whether for injury to person or property, or otherwise. If any Covered Claim is asserted against the Company, the client shall have the right to retain counsel of its choosing, and shall promptly notify Client of such claim.
- WITHOUT LIMITING THE OBLIGATION TO INDEMNIFY THE COMPANY UNDER PARAGRAPH a. ABOVE, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND, AND THE MAXIMUM LIABILITY OF EITHER PARTY HEREUNDER SHALL BE THE AMOUNT ACTUALLY PAID BY CLIENT PURSUANT TO THIS AGREEMENT.
- THE COMPANY MAKES NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE CONTENT OF THE REVIEWS PROVIDED BY ITS SUBSCRIBERS OR OTHERS, OR THE CONTINUING AVAILABILITY OF ANY FEATURE OR FUNCTION OF THE AMAZON.COM WEBSITE THAT MAY BE NECESSARY TO CARRY OUT THE TERMS OF THIS AGREEMENT.
- THE COMPANY HAS NO CONTROL OVER CHANGES TO THE AMAZON.COM SITE, WHICH MAY RENDER THE COMPANY UNABLE TO FULFILL ITS OBLIGATIONS HEREUNDER. THE SERVICES HEREUNDER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
- Either party may terminate this Agreement, (a) on fourteen (14)-days written notice of the other party’s breach of this Agreement if the other party has failed to cure its breach during such period, or (b) immediately on written notice of the other party’s breach of the terms outlined in this agreement. The provisions of Section 5, 6 and 7 shall survive termination of this Agreement.
- This Agreement is the entire agreement of the parties on the subject matter hereof and supersedes any prior or concurrent discussions, negotiations or agreements concerning the same. This Agreement may only be modified in writing, signed by both parties. No failure or delay of either party in enforcing any right or obligation hereunder shall be deemed a waiver, and no waiver will be effective unless signed with the party to be charged.
- The interpretation, performance, enforcement, and breach of this Agreement shall be governed and construed under the laws of the State of Florida without reference to conflicts of law principles. Any disputes arising from or relating in any way to this Agreement shall be brought, if at all, in final, binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any such arbitration shall be confidential, and shall be conducted in Broward County, Florida. The prevailing party in such arbitration, and any proceedings to enforce or vacate the arbitrator’s decision shall be entitled to recover its attorney’s fees and costs.
- In the event that any provision of this Agreement is held invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary to render it valid and enforceable, and the remaining provisions of this Agreement will remain in full force and effect.
- This Agreement is intended for the benefit of the named parties alone, and is not intended to confer any rights on any third parties. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
- This Agreement reflects the negotiation and mutual intention of the parties, and will not be strictly construed against either party by reason of the party drafting this Agreement or the provision at issue.
- Any notice required or permitted hereunder shall be given in writing by mail or email at the address for each party specified below and shall be deemed effective upon receipt.
- This Agreement may be executed in counterparts and through electronic means by clicking agree below.
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