SECTION 3.5.2: SUB-ACCOUNT MANAGEMENT & JOINT KYC LIABILITY

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Section 3.5.2: Sub-Account Management & Joint KYC Liability
Joint liability framework, sub-merchant vetting duties, and anti-fraud obligations for agencies.
Category: Agency Policy Clause: CLAUSE-3.5.2 Ref Code: AGN-352-SUBACCOUNT-KYC Tier 4 (Critical Severity)
Compliance Safe & Safe Harbor Shielded

1. Section Scope & Legal Intent

Establishes joint and several compliance liability for agencies onboarding and managing seller sub-accounts. Mandates primary KYC verification and anti-fraud vetting by the managing agency.

2. Mandatory Standards & Operating Requirements

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

  • Agencies are strictly responsible for conducting rigorous primary due diligence on all sub-merchants onboarded under their agency code.
  • If an agency-onboarded merchant commits deliberate fraud, counterfeit distribution, or money laundering, the agency shares joint compliance responsibility.
  • Agencies must maintain digital archives of sub-merchant identity documents and business licenses for a minimum of 5 years.

3. Explicit Prohibitions & Violation Triggers

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

  1. Onboarding shell merchants, straw men, or sanctioned individuals to bypass platform KYC gates.
  2. Failing to immediately report a sub-merchant discovered to be distributing prohibited or counterfeit goods.
  3. Facilitating account hopping for sellers previously banned on the marketplace.

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-352-01 Facilitating onboarding of fraudulent or blacklisted entities under agency code. Anti-Fraud Graph Intelligence Tier 4 (Critical) Immediate Immediate permanent revocation of agency license, 100% forfeiture of agency commission reserve.
VIOL-352-02 Sub-merchant counterfeit distribution exceeding 2% of managed fleet volume. Brand Protection Incident Audit Tier 3 (High) 48 Hours 3 Strike Points, agency onboarding privileges frozen for 90 days.
VIOL-352-03 Failure to provide requested sub-account verification audit trails within 72h. Compliance Audit Request Tier 2 (Moderate) 72 Hours Temporary suspension of new merchant invitation links.

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