SECTION 3.5.3: AGENCY COMMISSIONS, SPLITS & CLAWBACKS

Visit Marketplace
Section 3.5.3: Agency Commissions, Splits & Clawbacks
Automated commission distribution, multi-tier splits, rolling reserves, and clawback enforcement.
Category: Agency Policy Clause: CLAUSE-3.5.3 Ref Code: AGN-353-COMMISSIONS-CLAWBACK Tier 2 (Moderate Severity)
Compliance Safe & Safe Harbor Shielded

1. Section Scope & Legal Intent

Governs agency commission structures, automated multi-tier revenue splits, escrow release timelines, and mandatory fee clawbacks on fraudulent or refunded orders.

2. Mandatory Standards & Operating Requirements

All participants subject to this policy must strictly adhere to the following mandatory standards:

  • Agency commission splits are calculated programmatically upon completed order settlement and credited to the Agency Escrow Ledger.
  • If an order is subsequently refunded, charged back, or determined to be fraudulent, all associated agency commissions are automatically clawed back.
  • Agencies must maintain an ongoing 10% rolling reserve on commission payouts to cover post-settlement chargeback reversals.

3. Explicit Prohibitions & Violation Triggers

The following actions constitute direct non-compliance and trigger automatic intervention by the Warning and Violation System:

  1. Manipulating sub-merchant transaction volumes through artificial wash trading to inflate agency tier bonuses.
  2. Attempting to withdraw commission balances while sub-merchants maintain unresolved dispute debts.
  3. Demanding kickbacks or unauthorized off-platform revenue shares from managed sellers.

4. Warning & Violation System Enforcement Matrix

Each violation under this section is mapped directly to the automated warning and sanction ladder:

Violation Code Offense Description Detection Method Severity Tier Cure Window Mandatory Sanction
VIOL-353-01 Manufactured wash trading between agency accounts and sub-merchants. Algorithmic Wash Trading Detector Tier 4 (Critical) Immediate Total forfeiture of accrued commissions, lifetime agency ban, legal action for fraud.
VIOL-353-02 Unsettled negative commission balance following sub-merchant chargeback surge. Financial Reconciliation Daemon Tier 3 (High) 7 Days Automated offset against future sub-merchant splits, agency wallet freeze.
VIOL-353-03 Disputing legitimate platform commission clawbacks following customer refund. Dispute Portal Audit Tier 1 (Advisory) 48 Hours Administrative review; temporary hold on tiered bonus eligibility.

5. Platform Safe Harbor & Limitation of Liability

Platform Intermediary Status: ePaisay provides the technological marketplace venue connecting independent counterparties. ePaisay is not a vendor, retailer, agent, or guarantor of any product, service, or transaction governed herein.

Total Disclaimer of Warranties: The platform disclaims all warranties of merchantability, fitness for particular purpose, and non-infringement to the fullest extent permissible by applicable law.

Limitation of Damages: In no event shall ePaisay, its officers, directors, or employees be liable for incidental, indirect, punitive, or consequential damages. Aggregate liability is strictly capped at the lesser of $100 USD or platform fees paid in the preceding three months.

Participant Indemnification: The participant agrees to defend, indemnify, and hold harmless ePaisay against any third-party claims, regulatory penalties, legal fees, or damages arising out of violations of this Section.

Last updated: Oct 01, 2025