Business Services Solutions Agreement

Last Update: December 24, 2023

The version of this Agreement in English is the definitive legal version. A translation into Spanish is available for your ease of reference.

General Terms

Welcome to Ponlo en Casa Business Solutions, a suite of optional services for sellers.

THIS PONLO EN CASA BUSINESS SOLUTIONS AGREEMENT (THE  "AGREEMENT") CONTAINS THE TERMS AND CONDITIONS GOVERNING YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND PONLO EN CASA. BY REGISTERING OR USING THE SERVICES, YOU (ON BEHALF OF YOU OR THE COMPANY YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE TERMS OF SERVICE AND PROGRAM LICENSES THAT APPLY TO EACH PROVINCE FOR WHICH YOU REGISTER OR CHOOSE TO USE A SERVICE (IN EACH CASE, THE "SELECTED PROVINCE").

As used in this Agreement, "we", "us" and "Ponlo en Casa" refers to the applicable Contracting Party of Ponlo en Casa and any of its applicable Affiliates, and "you" refers to the applicant (if registers or uses a Service as an individual), or the business that employs the applicant (if registering or using a Service as a business) and any of its Affiliates. Capitalized terms have the meanings given to them in this Agreement. If there is any conflict between these General Terms and the applicable Terms of Service and Program Policies, the General Conditions will prevail and the applicable Terms of Service will prevail over the Program Policies.

1. Enrollment.

To begin the enrollment process, you must complete the application and registration process for one or more of the Services. Use of the Services is limited to parties who may legally enter into and form contracts under Applicable Law (for example, the Chosen Country may not allow minors to use the Services). As part of the request, you must provide us with your legal name (or your business), address, telephone number, and email address, as well as any other information that we may request. Any personal data you provide us will be treated in accordance with the Ponlo en Casa Privacy policy.

2. Service Fee Payments; Receipt of Sales Proceeds.

Fee details are described in the Service Terms and the Business & Sellers Policies. You are responsible for all your expenses in connection with this agreement. You will use only a name that you are authorized to use in connection with a Service and will update any information you provide to us in connection with the Services as necessary to ensure that it remains accurate, complete and valid at all times. All payments to you will be remitted by the means specified by us.

If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Ponlo en Casa or third parties, then we may, in our sole discretion, withhold any payments to you for as long as we determine any risk related to Ponlo en Casa or that third parties persist. For whatever amount we determine that you owe us, we may (a) collect from you from sales funds you have with us; (b) offset any amounts that you pay (in refund or otherwise) against any payments that we may make to you or amounts that we may owe; (c) invoice you for the amounts owed to us, in which case you will pay the amounts invoiced upon receipt; or (d) collect payment or reimbursement from you by any other legal means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activities, or to repeatedly violate our Program Policies, then we may, in our sole discretion, permanently withhold any payments to you. Except as otherwise provided, all amounts contemplated in this Agreement will be expressed and displayed in USD, and all payments contemplated in this Agreement will be made in USD or CUP.

In addition, we may require you to pay other amounts to ensure compliance with your obligations under this Agreement or to mitigate the risk of returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Ponlo en Casa or third parties. These amounts may be refundable or non-refundable in a manner that we determine, and failure to comply with the terms of this Agreement, including applicable Program Policies, may result in your loss.

As a security measure, we may, but are not required to, impose transaction limits on some or all customers and vendors related to the value of any transaction or disbursement, the accumulated value of all transactions or disbursements over a period of time, or the number of transactions per day or other period of time. We will not be liable to you: (i) if we do not proceed with a transaction or disbursement that exceeds any limit set by us for a security reason, or (ii) if we allow a customer to withdraw from a transaction because a Product or Service of Ponlo en Casa is not available after the start of a transaction.

3. Term and Termination.

The term of this Agreement will begin on the date of your completed registration for the use of a Service and will continue until terminated by us or by you as provided below. You may at any time terminate your use of any Service immediately upon notification to us via the Seller Panel Account, email, the Contact form or similar means. We may terminate your use of any of the Services or terminate this Agreement for convenience 30 days in advance. We may suspend or terminate your use of any of the Services immediately if we determine that (a) you have materially breached the Agreement and have failed to resolve within 7 days of a notice of disobedience unless your failure to do so exposes us to liability towards a third, in which case we have the right to reduce, or waive, the aforementioned period of disobedience at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive, fraudulent, or illegal activities; or (c) your use of the Services has harmed, or our controls identify that it could harm other sellers, customers, or legitimate interests of Ponlo en Casa. We will notify you immediately of such termination or suspension by email or similar means, including the Seller Panel Account, stating the reason and any option to appeal, except where we have reason to believe that providing this information will impede investigation or prevention of activities. misleading, fraudulent or illegal, or will allow you to circumvent our safeguards. Upon termination of this Agreement, all related rights and obligations under this Agreement terminate immediately, except that (d) you will remain responsible for complying with all your obligations in relation to the contracted transactions prior to termination and for any liability that accrued prior to or as a result of termination, and (e) Sections 2, 3, 4, 5, 6, 7, 8, 9, 11, 14, 15 and 18 of these General Terms.

4. License.

You grant us a royalty-free and non-exclusive worldwide right and license for the duration of your original and derivative intellectual property rights to use any and all of Your Materials for the Services or other Ponlo en Casa products or services, however, We will not alter any of Your Trademarks from the form provided by You (except to resize the Trademarks to the extent necessary for submission, as long as the relative proportions of such Trademarks remain the same) and comply with Your requests deletion for specific uses of Your Materials (provided You are unable to do so using the standard functionality made available to You through the applicable Ponlo en Casa Site or Service); provided, furthermore, nothing in this Agreement prevents or impairs our right to use Your Materials without your consent to the extent that such use is permitted without a license from you or your Affiliates under Applicable Law (e.g.,., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).

5. Representations.

Each party declares and guarantees that: (a) If it is a private business seller, said seller or business has no relationship whatsoever with the Cuban state government, it must be legalized, validly existing and in good condition under the laws of the country in which the business is registered and that you are registering for the Service (s) within that country; (b) has all the right, power and authority necessary to enter into this Agreement, fulfill its obligations and grant the rights, licenses and authorizations of this Agreement; (c) any information provided or made available by one party to the other party or its Affiliates is at all times accurate and complete; (d) is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such party, including but not limited to lists maintained by the United Nations Security Council, the Government of the United States (for example, the United States Department of the Treasury's list of Specially Designated Nationals and the list of Foreign Sanctions Evaders and the United States Department of Commerce's List of Entities) this is a rare case that we are providing an opportunity to entrepreneurs in Cuba as a program allowed by the Department of the Treasury of the United States to practice the sales of their services around the world to be offered in Cuba; and (e) will comply with all applicable laws in compliance with its obligations and the exercise of its rights under this Agreement.

6. Indemnification.

6.1 Your Indemnification Obligations. You will defend, indemnify, and hold Ponlo en Casa, and our officers, directors, employees, and agents harmless against any claim, loss, damage, settlement, cost, expense, or other liability of third parties (including, but not limited to, attorneys' fees ) (each, a "Claim") arising out of (a) your breach of applicable Laws; (b) Your Products, including the offer, sale, fulfillment (except to the extent attributable to the FBPEC service, program that is not yet running), refund, cancellation, return or adjustments thereof, Your Materials, any actual infringement or presumed of any Intellectual Property Right for any of the above, and any personal injury, death (insofar as the injury or death is not caused by Ponlo en Casa), or property damage related thereto.

6.2 Indemnification Obligations to Ponlo en Casa will defend, indemnify and hold you and your officers, directors, employees and agents from liability against any Claim from third parties arising from: (a) Ponlo en Casa, breach of applicable Laws; or (b) allegations that the operation of the Ponlo en Casa site infringes or misappropriates the intellectual property rights of that third party.

6.3 Process. If any indemnified Claim could adversely affect us, we may, to the extent permitted by applicable Law, voluntarily intervene in the procedure at our expense. Neither party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party, which cannot be unjustifiably withheld; Except that a party may resolve any claim that is directed exclusively at that party and that exclusively affects that party.

7. Disclaimer & General Release.

a. THE PONLO EN CASA SITE AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FEATURES, MATERIALS, AND INFORMATION AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS IS." AS A USER OF THE SERVICES, YOU USE THE PONLO EN CASA SITE, THE SERVICES AND THE SELLER'S PANEL ACCOUNT AT YOUR OWN RISK. EXCEPT AS SET FORTH IN SECTION 5 ABOVE, TO THE EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS UNDER THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, (ii) IMPLIED WARRANTIES ARISING FROM COURSE OF TREATMENT, COURSE OF PERFORMANCE OR USE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FEATURES CONTAINED ON THE PONLO EN CASA SITE AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY, BUT NOT LIMITED TO, INTERRUPTIONS OF SERVICE SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT RECEPTION, PROCESSING, ACCEPTS, TERMINATIONS OR INTERRUPTIONS.

b. BECAUSE PONLO EN CASA IS INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPATING NEGOTIATIONS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT AUTOMATICALLY GRANTS THE POWER TO PONLO EN CASA (AND THE EMPLOYEES) TO TAKE THE MEASURES .

8. Limitation of Liability.

We WILL NOT BE LIABLE (WHETHER IN CONTRACT, WARRANTY (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY) TO YOU OR ANY OTHER PERSON FOR COST OF COVERAGE, RECOVERY OR KICKBACK OF ANY INVESTMENTS MADE IN RELATION TO, UNDER THIS AGREEMENT OR YOUR AFFAIRS EVEN IF PONLO EN CASA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH COSTS OR DAMAGES, IN ADDITION, OUR AGGREGATE LIABILITY ARISING FROM THIS AGREEMENT OR FROM THE TRANSACTIONS CONTEMPLATED DOES NOT AT ANY TIME EXCEED THE TOTAL AMOUNTS FOR THE PREVIOUS MONTH PAYMENT PERIOD. TO PONLO EN CASA IN RELATIONS WITH THE PARTICULAR SERVICE PROVIDED BY THE CLAIM.

9. Insurance.

Since Ponlo en Casa transactions and payments are handled by Ponlo en Casa in its entirety, we do not offer insurance to sellers or affiliates on their sales capital.

10. Tax Matters.

Ponlo en Casa established according to several factors a percentage of 3% to cover transaction taxes.

11. Confidentiality and Personal Data.

During the course of your use of the Services, you may receive Confidential Information. You agree that during the term of the Agreement and 5 years after termination: (a) all Confidential Information will remain the exclusive property of Ponlo en Casa; (b) you will use Confidential Information only when reasonably necessary for your participation in the Services; (c) will not disclose Confidential Information to any other Person, except when necessary to comply with the Law; (d) will take all reasonable steps to protect Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (e) will retain Confidential Information only for as long as its use is necessary to participate in the Services or to comply with its legal obligations (for example, taxes) and in all cases will delete such information upon termination or as soon as It is no longer necessary for the fulfillment of legal obligations. The preceding sentence does not restrict your right to share Confidential Information with a government entity that has jurisdiction over you, as long as it limits disclosure to the minimum necessary and explicitly indicates the confidential nature of the information shared to the government entity. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks or logo, in any way (including promotional material) without our prior written permission, or misrepresent or embellish the relationship between us in no way. You may only use the "Available at Ponlo en Casa" badge as defined in and in accordance with the Trademark Usage Guidelines; You may not use our name, trademarks or logos in any way (including promotional material) not covered by the Trademark Use Guidelines without our prior written permission.

Generally, you may not use the customer's personal data in any way incompatible with applicable law. You must maintain the confidentiality of the client's personal data at all times (the term limit of the previous 5 years does not apply to the client's personal data).

12. Force Majeure.

We will not be responsible for any delay or failure to perform any of our obligations under this Agreement for reasons, events, or other matters beyond our reasonable control.

13. Relationship of Parties.

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will not have the authority to make or accept any offer or representation on our behalf. This Agreement will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied in this Agreement is intended or shall be construed to give any person other than the parties to this Agreement any legal or equitable right, remedy or claim under or with respect to this Agreement. This Agreement and all representations, warranties, covenants, conditions and provisions of this Agreement are intended to be and are for the sole and exclusive benefit of Ponlo en Casa, you and clients. Between you and us, you will be solely responsible for all obligations associated with the use of any third party services or features that you allow us to use on your behalf, including compliance with the applicable terms of use. You will not make any statement, whether on your site or otherwise, that contradicts anything in this section.

14. Suggestions and Other Information.

If you or any of your Affiliates decide to provide or make available suggestions, comments, ideas, improvements or other comments or materials in connection with or related to any Ponlo en Casa Site or Service (including any related Technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the above information or materials in any way. In order to cooperate with government requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we deem necessary or appropriate, including, but not limited to, the user contact details, IP addresses and traffic information, usage history and published content. If we make suggestions about the use of the Services, you are responsible for any action you take based on our suggestions.

15. Modification.

15.1.We will provide at least 15 days advance notice in accordance with Section 18 for changes to the Agreement.

15.2 However, we may change or modify the Agreement at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or for security reasons; (b) to change existing features or add additional features to the Services (where this does not materially affect your use of the Services); or (c) restrict products or activities that we consider unsafe, inappropriate or offensive. We will notify you of any changes or modifications in accordance with Section 18.

15.3 Your continued use of the Services after the effective date of any change to this Agreement in accordance with this Section 15 will constitute your acceptance of that change. If any changes are unacceptable to you, you agree not to use the Services and terminate the Agreement as described in Section 3.

16. Password Security.

We do not provide passwords to our vendors or customers. You are solely responsible for creating and maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with this Agreement) and you are solely responsible for any use or action taken under your password. If your password is compromised, you must immediately change your password.

17. Export.

You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re -export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority.

18. Miscellaneous.

The Governing Laws will govern this Agreement, without reference to the norms that govern the choice of laws or the Convention on Contracts for the International Sale of Goods. If the Elected Country is the UNITED STATES OF NORTH AMERICA Put It at Home and you both consent that any dispute with Put It at Home or its Affiliates or claim related in any way to this Agreement or your use of the Services will be resolved by binding arbitration as described in this paragraph, rather than in court, except that (i) you may assert claims in small claims court which is a Government Court if your claims qualify and (ii) you or we may file suit in Court of Government, submitting to the jurisdiction of the Government Courts and waiving our respective rights to any other jurisdiction, to order the infringement or other improper use of intellectual property rights. There is no judge or jury in arbitration, and judicial review of an arbitration award is limited. However, an arbitrator may individually award the same damages as a court (including injunctive and declaratory measures or statutory damages), and must follow the terms of this Agreement as a court would. Before beginning an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Information Technology Innovations by JMG, LLC 14170 NW 22nd AVE Apt 4 Opa Locka FL 33054. The arbitration will be conducted by the Association Americana de Arbitraje (AAA) under its commercial rules. Payment of all filing, administration, and arbitration fees will be governed by AAA rules. We will reimburse those charges for claims totaling less than $ 10,000 unless the arbitrator determines that the claims are frivolous. The expedited procedures of the AAA rules will apply only in cases seeking purely monetary relief under $ 50,000, and in such cases the hearing will be held within 90 days of the arbitrator's appointment. Similarly, Ponlo en Casa will not request attorney's fees and costs from you in arbitration unless the arbitrator determines that the claims are frivolous. You may choose to have the arbitration conducted over the phone, based on written submissions, or in person at a mutually agreed upon location. Put it at Home and you each agree that any dispute resolution procedure will be carried out only on an individual basis and not in a collective, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration Put it at Home and each waives any right to a jury trial.

You may not assign this Agreement, by law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void; however, provided that, prior notification to Ponlo en Casa, you can assign or transfer this Agreement, in whole or in part, to any of your Affiliates, as long as you remain responsible for your obligations that arose before the effective date. of the assignment or transfer under this Agreement. You agree that we may assign or transfer our rights and obligations under this Agreement: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transactions; or (b) to any Affiliate or as part of a corporate reorganization; and at the time of said assignment, the assignee is deemed to be replaced by Ponlo en Casa as part of this Agreement. Subject to that restriction, this Agreement will be binding, to, and enforceable against the parties and their respective successors and assigns. We may fulfill any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. Ponlo en Casa reserves the right to immediately stop any of Your Transactions, prevent or restrict access to the Services or take any other action to restrict access or availability of any inaccurate advertisements, any improperly classified items, any illegal items or any item otherwise prohibited by the applicable Program Policies. Because Ponlo en Casa is not your agent, nor the client's agent for any purpose, Ponlo en Casa will not act as an agent of either party in connection with the resolution of any disputes between participants related to or arising out of any transaction.

Ponlo en Casa will notify you under this Agreement by posting changes to the Seller Panel Account or the corresponding Put it at Home Services site to which the changes relate (such as the Seller Site through your account), sending you a notification by email or by similar means. You should send all notices and other communications related to Ponlo en Casa to our Sales Support team through the Seller Panel Account, email, the Contact form or similar means. We may also communicate with you electronically and by other means, and you consent to such communications. You can change your email addresses and certain other information in the Seller Panel Account, as applicable. You will ensure that all your information is up to date and accurate at all times.

Definitions

As used in this Agreement, the following terms have the following meanings:

"Affiliate" means, with respect to any entity, any other entity that directly or indirectly controls, is controlled by, or is under common control with that entity.

"Ponlo en Casa Associated Properties" means any website or other online point of presence, mobile application, service or feature, other than an Ponlo en Casa Site, through which any Ponlo en Casa Site, or products or services available on any of them, are syndicated, offered, merchandised, advertised, or described.

"Ponlo en Casa Contracting Party" means the party outlined below.

Elected Country Cuba: 

 "Ponlo en Casa Site" means, as applicable, the US Ponlo en Casa Site.

"Confidential Information" means information related to us, the Services, or Ponlo en Casa clients that are not known to the general public, including, but not limited to, any identifying or exclusive information for specific clients; reports, information and other information about the Services; data derived from the Services (except personal data of the client) arising from the sale of its products that include products sold, prices, sales, volumes and time of the transaction; and technical or operational specifications related to the Services. For the purposes of this Agreement, the customer's personal data constitutes Confidential Information at all times.

"Content" means copyrightable works under applicable Law and content protected by database rights under applicable Law.

"Excluded Products" means the items described on the applicable Category, product, and listing restrictions, any other applicable Program Policy, or any other information made available to you by Ponlo en Casa.

"Governing Courts" means the applicable one of the following:

the state or Federal court in Miami, FL,

"Governing Laws" means the applicable one of the following:

the laws of the State of Florida, United States together with the Federal Arbitration Act and other applicable federal law,

"Intellectual Property Right" means any patent, copyright, Trademark, domain name, moral right, trade secret right, or any other intellectual property right arising under any Laws and all ancillary and related rights, including all rights of registration and renewal and causes of action for violation, misappropriation or infringement of any of the foregoing.

"Law" means any law, ordinance, rule, regulation, order, license, permit, judgment, decision, or other requirement, now or in the future in effect, of any governmental authority (e.g., on a federal, state, or provincial level, as applicable) of competent jurisdiction.

"Order Information" means, with respect to any of Your Products ordered through an Ponlo en Casa Site, the order information and shipping information that we provide or make available to you.

"Person" means any individual, corporation, partnership, limited liability company, non governmental authority, association, joint venture, division, or other cognizable entity, whether or not having distinct legal existence.

"Program Policies" means all policies and program terms provided on the Program Policies page.

"Sales Proceeds" means the gross proceeds from any of Your Transactions, including (a) all shipping and handling, gift wrap and other charges; (b) in the case of invoiced orders, any amounts that customers fail to pay to us or our Affiliates on or before the applicable invoice due date.

"Seller Panel Account" means the online portal and tools made available by Ponlo en Casa to you, for your use in managing your orders, inventory, and presence in the website.

"Service" means each of the following services: Selling on Ponlo en Casa, Fulfillment by Ponlo en Casa, Ponlo en Casa Advertising, the Transaction Processing Services, together in each case with any related services and materials we make available.

"Service Terms" means the service terms applicable to each Service, which are made part of this Agreement upon the date you elect to register for or use the applicable Service, and any subsequent modifications we make to those terms.

"Technology" means any: (a) ideas, procedures, processes, systems, methods of operation, concepts, principles, and discoveries protected or protectable under the Laws of any jurisdiction; (b) interfaces, protocols, glossaries, libraries, structured XML formats, specifications, grammars, data formats, or other similar materials; and (c) software, hardware, code, technology, or other functional item.

"Trademark" means any trademark, service mark, trade dress (including any proprietary "look and feel"), trade name, other proprietary logo or insignia, or any other source or business identifier, protected or protectable under any Laws.

"US Ponlo en Casa Site" means that website, the primary home page of which is identified by the URL www.ponloencasa.com, and any successor or replacement of such website

"Your Materials" means all Technology, Your Trademarks, Content, Your Product information, data, materials, and other items or information provided or made available by you or your Affiliates to Ponlo en Casa or its Affiliates.

"Your Personnel" means any third party warranting, administering or otherwise involved in the offer, sale, performance, or fulfillment of Your Products, including any of your employees, representatives, agents, contractors, or subcontractors.

"Your Product" means any product or service that you: (a) have offered through the Selling on Ponlo en Casa Service; (b) have made available for advertising through the Ponlo en Casa Advertising Service; or (c) have fulfilled or otherwise processed through the Fulfillment by Ponlo en Casa Service (when available).

"Your Sales Channels" means all sales channels and other means through which you or any of your Affiliates offers products or services.

"Your Trademarks" means Trademarks of yours that you provide to us: (a) in non-text form for branding purposes; and (b) separate from (and not embedded or otherwise incorporated in) any product specific information or materials.

"Your Transaction" means any sale of Your Product(s) or services through an Ponlo en Casa Site.

Selling on Ponlo en Casa Service Terms

The Selling on Ponlo en Casa Service ("Selling on Ponlo en Casa") is a Service that allows you to offer certain products and services directly on the Ponlo en Casa Site.

These Selling on Ponlo en Casa Service Terms are part of the Agreement, but, unless specifically provided otherwise, concern and apply only to your participation in Selling on Ponlo en Casa. BY REGISTERING FOR OR USING THE SELLING ON PONLO EN CASA SERVICE, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE BUSINESS & SELLERS AGREEMENT, INCLUDING THESE SELLING ON Ponlo en Casa SERVICE TERMS.

S-1 Your Product Listings and Orders.

S-1.1 Products and Product Information. You will provide accurate and complete required product information for each product or service you offer through any Ponlo en Casa Site and will promptly update that information as necessary to ensure that it remains accurate and complete at all times. You will also ensure that Your Materials, Your Products (including packaging) and your offering and subsequent sale of any of the same on any Ponlo en Casa Site comply with all applicable laws (including all minimum age requirements, marking and labeling) and do not contain any sexually explicit (except to the extent expressly permitted by our applicable Program Policies), defamatory or obscene materials.

S-1.2 Product Listing; Merchandising; Order Processing. We will allow You to include Your Products on the Ponlo en Casa Site, carry out marketing and promote Your Products in accordance with the Agreement (including through features, advertising or programs on or in connection with the Ponlo en Casa Site). We may use mechanisms that rate or allow buyers to rate, Your Products and your performance as a seller and Ponlo en Casa may make these ratings and comments publicly available. We will provide You with Order Information for each order of Your Products through the Ponlo en Casa Site. We will also receive all Sales Income on your behalf for each of these transactions and we will have exclusive rights to do so, and we will forward it to you in accordance with these Terms of Service for Sale at Ponlo en Casa.

S-1.3 Shipping and Handling Charges. For Your Products requested by customers on or through our Ponlo en Casa Site that are not met by Compliance by Ponlo en Casa, you will determine the shipping and handling charges subject to our Program Policies and standard functionality (including any shipping and handling charges based on categories that we determine, such as for products offered by sellers in the Individual Sales Plan). When we determine shipping and handling charges, you will accept them as payment in full for your shipping and handling.

S-1.4 Credit Card Fraud. We will run the risk of credit or debit card fraud (that is, a fraudulent purchase resulting from the theft and unauthorized use of a third party's credit card information) that occurs in connection with Your Transactions, except in each case , in relation to Seller Fulfillment Products that are not delivered in strict accordance with Order Information and Shipping Information. You bear all other risks of fraud or loss.

S-2 Sale and Fulfillment; Refunds and Returns.

S-2.1 Sale and Fulfillment. Aside from what is described in the Ponlo en Casa Terms of Service for our Ponlo en Casa Site for which you choose to register or use the Sales Service, you will: (a) obtain, offer, sell, and fulfill your Seller-Fulted Products, and obtain and offer and sell your Ponlo en Casa Products, in each case in accordance with the terms of the applicable Order Information, this Agreement, and all terms provided by you or us and displayed on the relevant Ponlo en Casa site at the moment of placing the order and being solely responsible and assuming all the risks of those activities; (b) package each of Your Products in a commercially reasonable manner in compliance with all applicable packaging and labeling requirements and deliver each of Your Products on or before its Expected Delivery Date; (c) retrieve the Order Information at least once each business day; (d) cancel Your Transactions only as permitted pursuant to the terms and conditions that appear on the Ponlo en Casa site at the time of the applicable order or as required by this Agreement; (e) prepare with your products; (f) provide Ponlo en Casa with information about the order process and status (to the extent that it is available), in each case as we request it using the processes designated by us, and we can make this information publicly available; (g) comply with all instructions; (h) ensure that you are the seller of each of your Products; (i) include an order-specific packing slip within each shipment of Your Products; (j) identify yourself as the seller of each of Your Products on all vouchers or other information included or provided in connection with Your Products and as the Person to whom a customer may return the corresponding product; and (k) not send emails to customers confirming orders or shipment of Your Products. If any of Your Products are using the Ponlo en Casa Package Handling Service, the Ponlo en Casa Package Handling Service Terms of Service for the Ponlo en Casa Site will apply to the storage, fulfillment and delivery of such Completed Products.

S-2.2 Cancellations, Returns, and Refunds. The Ponlo en Casa Refund Policies for the Ponlo en Casa Site will apply to Your applicable Products. For any of Your Products controlled by Ponlo en Casa Package Management, We will immediately accept, calculate and process cancellations, returns, refunds and adjustments in accordance with this Agreement and the Ponlo en Casa Refund Policies for the Ponlo en Casa site. Without limiting your obligations, we may, at our sole discretion, accept, calculate and process cancellations, returns, refunds and adjustments for the benefit of clients. We will route any payments to customers in connection with Your Transactions through Ponlo en Casa. We will make any payments to customers in a manner that we determine, and you will refund all amounts we paid to us in the event a payment has been released to you.

S-3 Problems with Your Products.

S-3.1 Delivery Errors and Nonconformities; Recalls. You are responsible for any error of non-performance, non-delivery, misdelivery, theft or other error or act in connection with the performance of Your Products, except to the extent caused by: (a) credit card fraud for which we are liable under Section S-1.4; or (b) our failure to make Order Information available to you as received by us or as a result of address verification. Notwithstanding the preceding sentence, for those of Your Products that are fulfilled using our Package Management program, if any, the Ponlo en Casa Compliance Terms of Service for the applicable Ponlo en Casa Site will apply to , non-delivery, erroneous delivery, theft or other error or act in relation to the fulfillment of Your Products. You are also responsible for any reasonable nonconformity or defect.

S-3.2 Fair Guarantee and Chargebacks. If we inform You that We have received or initiated a claim under the "Fair Warranty" offered on our Ponlo en Casa Site or other dispute related to the offer, sale or performance of Your Products (other than a chargeback), in relation to With one of Your Transactions, You will have 30 days to appeal our claim decision. If we find that a claim, chargeback, or dispute is your responsibility, you (a) will not take recourse against the customer, and (b) are responsible for reimbursing us (if a payment was released) in accordance with the Fee Payments section of service of this Agreement for the amount paid by the customer (including shipping and handling charges, but excluding any Referral Fee we withhold as defined in Section S-4), and all other charges and expenses associated with the transaction original (such as credit card, bank, payment processing, resubmission, or penalty charges) and any related chargeback or refund, to the extent that we pay for us.

S-4 Compensation.

We will charge: (a) the applicable Reference Fees; (b) any applicable Variable Closing Fee; and (d) any other applicable fees described in this Agreement (including applicable Program Policies). "Sell at Ponlo en Casa Subscription is free" means that we do not charge for sell at Ponlo en Casa as described in the applicable Home Site Fee Schedule. With respect to each of your Transactions: (i) "Sales Revenue" has the meaning set forth in this Agreement; (ii) "Commission Rate" means the applicable rate based on the Sales Revenue from Your Transaction through the applicable Ponlo en Casa Site specified in the Ponlo en Casa Sales Rate Schedule at the time of your Transaction. However, Sales Revenue will not include any shipping charges set by us for Your Transactions that consist solely of products that are using the Ponlo en Casa Parcel Handling Service.

S-5 Remittance of Sales Proceeds & Refunds.

Unless otherwise stated in this Agreement, we will proceed to reconcile payment with you, in person, the available balance within 14 (fourteeng) days (or at our option, more frequent), which may vary for each seller. For each reconciliation, your available balance is equal to any Sales Income that has not been previously sent to You as of the applicable Remittance Calculation Date (which You will accept as full payment for Your Transactions), less: (a) the Fees of The Commission; (b) the applicable Variable Closing Rate (if applicable); (c) any Ponlo en Casa Sale Subscription Fee (if applicable); (d) any other applicable fees described in this Agreement (including applicable Program Policies); (e) any amount that we require you to keep in your account balance pursuant to this Agreement (including payments withheld pursuant to Section 2 of the General Conditions, Section S-1.4, and the applicable Program Policies).

We may establish a reserve in your account based on our assessment of risks in Ponlo en Casa or third parties posed by your actions or performance, and we may modify the reserve amount from time to time in our sole discretion.

All payments are provided in cash to sellers and businesses, we do not offer money deposits to cards and bank accounts. If we refund money to a customer in connection with one of your Transactions, you are responsible for paying any outstanding fees with us; this only applies in case (i) an element is not as described; (ii) an item is different from what is being offered for sale; (iii) your product is defective and the buyer was not informed, what amount we can withhold as an administrative fee in case we have funds that need to be reconciled with you; otherwise these fees will be deducted from future sales, however we will not refund any part of any refund charges paid by you to us.

S-6 Ponlo en Casa Website and Services.

Ponlo en Casa has the right to determine the design, content, functionality, availability and suitability of its website, selection, and any product or listing in the Ponlo en Casa Stores, and all aspects of each Service, including your use of the same. Ponlo en Casa may assign any of these rights or delegate any of its responsibilities.

S-7 Continuing Guarantees

Guarantees. We require the following continuing guarantees from you.

S-7.1 Pesticides. If any seller provide pesticides products for sale in our website those products are no restricted or controled by the state or government where they are located. These products can be freely sold.

Selling on Ponlo en Casa Definitions

"Package Management Service" This program is not active yet. It is still a program in development for future implementation. The Package Management Service through the Ponlo en Casa Logistics service is nothing more than the possibility of delivering your products to a legal representative of Ponlo en Casa and who is in charge of the process of addressing customer concerns, uploading images , create product descriptions, packaging and delivery of these.

"Ponlo en Casa Refund Policies" means the REFUNDS - RETURNS - EXCHANGES published on the applicable Ponlo en Casa Site and applicable to products and services offered via our Ponlo en Casa Site.

"DAV Product" means any video recording, magazine or other publication, book, sound recording,  and/or other media product in any format, including any subscription, in each case excluding any software product, computer game, and/or video game.

"Excluded Offer" means any discount, rebate, promotional offer, or other term of offer and/or sale that you: (a) have attempted to make available through a website other tham Ponlo en Casa Site but that we do not honor or support

"Expected Ship Date" means, with respect to any of Your Products, either: (a) the end of the shipping availability period (which begins as of the date on which the relevant order is placed by the customer), or the shipping availability date, as applicable, specified by you in the relevant inventory/product data feed for Your Product; or (b) if you do not specify shipping availability information in such inventory/product data feed or that Your Product is in a product category that Ponlo en Casa designates as requiring shipment within two 2 (two) business days after the date on which the relevant order is placed by the customer.

"Media Product" means any book, magazine or other publication, sound recording, video recording, software product, computer game, videogame, or other media product in any format, including any related subscription, offered through an Ponlo en Casa Site.

"Purchase Price" means the total amount payable or paid for Your Product (including Ponlo en Casa fees, shipping and handling charges).

"Required Product Information" means, with respect to each of Your Products in connection with our particular Ponlo en Casa Site, the following (except to the extent expressly not required under the applicable Program Policies): (a) description, including as applicable, location-specific availability and options, scheduling guidelines and service cancellation policies; (b) information regarding in-stock status and availability, shipping limitations or requirements, and Shipment Information (in each case, in accordance with any categorizations prescribed by Ponlo en Casa from time to time); (c) categorization within each Ponlo en Casa product category and browse structure as prescribed by Ponlo en Casa from time to time; (e) digitized image that accurately depicts only Your Product, complies with all Ponlo en Casa image guidelines, and does not include any additional logos, text or other markings; (f) Purchase Price; (g) shipping and handling charge (in accordance with our standard functionality); (h) any text, disclaimers, warnings, notices, labels, warranties, or other content required by applicable Law to be displayed in connection with the offer, merchandising, advertising, or sale of Your Product; (i) any vendor requirements, restocking fees or other terms and conditions applicable to such product that a customer should be aware of prior to purchasing the product; (j) brand; (k) model; (l) product dimensions; (m) weight; (n) a delimited list of technical specifications; (o) the Province or City Your Product ships from; and (p) any other information reasonably requested by us (e.g., the condition of used or refurbished products; and invoices and other documentation demonstrating the safety and authenticity of Your Products).

"Seller-Fulfilled Products" means any of Your Products that are not fulfilled using the Fulfillment by Ponlo en Casa Service.

"Shipment Information" means, with respect to any of Your Products, the estimated or promised shipment and delivery date.

"Street Date" means the date(s), if any, specified by the manufacturer, distributor, and/or licensor of a product as the date before which specified information regarding such product (e.g., title of a book) should not be disclosed publicly, or such product should not be delivered or otherwise made available to customers.

"URL Marks" means any Trademark, or any other logo, name, phrase, identifier, or character string, that contains or incorporates any top level domain (e.g., .com, .edu, .ca, .fr, .jp) or any variation of a top level domain (e.g., dot com, dotcom, net, or com).

"Your Transaction" is defined in the General Terms of this Agreement; however, as used in these Selling on Ponlo en Casa Service Terms, it means any and all such transactions through Selling on Ponlo en Casa only.

Fulfillment by Ponlo en Casa Service Terms

Fulfillment by Ponlo en Casa ("FBPEC") provides fulfillment and associated services for Your Products.

This FBPEC service program still in phase of development to be implemented in the future with no specific date. 

This program basically works as follows. Sellers who need help to sell their products and do not have the necessary knowledge to manage their store and upload the products will be able to deliver them to a legal representative of Ponlo en Casa who will be in charge of executing all the necessary steps to be able to sell them.

This service will have some advantages for sellers such as:

• Not having to worry about taking professional photos of products. 
•  You will save time and money to be able to make the sale and make your delivery. 
•  You will not have to be on the lookout for customer concerns.