SECTION 3.12.1: COUNTERFEIT GOODS, REPLICAS & PIRATED MEDIA

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Section 3.12.1: Counterfeit Goods, Replicas & Pirated Media
Zero tolerance for counterfeit merchandise, fake brand apparel, pirated keys, and DRM bypass devices.
Category: Prohibited Items Policy Clause: CLAUSE-3.12.1 Ref Code: PROH-3121-COUNTERFEIT-PIRACY Tier 4 (Critical Severity)
Compliance Safe & Safe Harbor Shielded

1. Section Scope & Legal Intent

Enforces an absolute ban on counterfeit goods, replicas, unauthorized parallel imports, hacked hardware, unauthorized streaming devices, and pirated software.

2. Mandatory Standards & Operating Requirements

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

  • ePaisay enforces zero tolerance for counterfeit goods, replicas, bootlegs, or unauthorized copies of proprietary intellectual property.
  • Prohibited items include: clone electronics, fake designer apparel, jailbroken hardware designed to bypass DRM, and pirated digital media keys.
  • Sellers suspected of counterfeit distribution must provide authentic, verifiable distributor invoices directly from the rights holder within 24 hours.

3. Explicit Prohibitions & Violation Triggers

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

  1. Offering, advertising, or selling items utilizing registered trademarks without legitimate licensing or authorization.
  2. Selling IPTV boxes or devices pre-configured to decrypt unauthorized pay-TV streams.
  3. Distributing cracked software, unauthorized keygens, or harvested enterprise software license seats.

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-3121-01 Sale or listing of confirmed counterfeit or replica merchandise. Rights Holder / Brand Owner Claim Tier 4 (Critical) Immediate Immediate permanent merchant ban, 100% balance freeze for 180 days, referral to anti-counterfeit authorities.
VIOL-3121-02 Distribution of unauthorized IPTV decoders or DRM-circumvention hardware. Cybersecurity Threat Intake Tier 4 (Critical) Immediate Listing deleted, merchant account terminated, payment gateways notified.
VIOL-3121-03 Selling cracked software or unauthorized digital activation keys. Digital Asset Audit Scanner Tier 4 (Critical) Immediate Storefront terminated, buyer payments refunded from merchant reserve.

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