1. Product Compliance

It is your responsibility to ensure that all products and related content that you make available on the Freedom Business Alliance (FBA) marketplace meets these requirements set forth in these Product Guidelines. FBA reserves the right to update these Product Guidelines from time to time, so please check back periodically for changes. Throughout these Product Guidelines, the word “include” or “including” means “including, but not limited to”. Capitalized terms used herein but not defined shall have the meanings given to them in the General Terms, Brand Terms and/or Retailer Terms, as applicable, and the terms and conditions of all of the foregoing are incorporated herein by reference. You acknowledge and agree to:
  • abide by these Product Guidelines, FBA’s Terms of Service, FBA’s Brand Terms (if you are a Brand) and FBA’s Retailer Terms (if you are a Retailer);
  • comply with all applicable laws, rules and regulations, including safety, labeling, testing, warning, import, export, regional certifications and all other applicable consumer protection law requirements;
  • not infringe upon the intellectual property, publicity or other rights of any third parties;
  • not provide any false, inaccurate or misleading information about your products; and
  • ensure that the products you sell are allowed to be sold from your jurisdiction and into a Retailer’s jurisdiction.

You acknowledge and agree that FBA is not responsible for determining whether you meet the above requirements, and you hereby release FBA from any liability with respect thereto. Your compliance with the foregoing requirement is a material condition of your participation as a Seller on the FBA marketplace.

2. Prohibited Products

FBA does not allow any of the following products on the FBA marketplace:
  • Counterfeit products or products that you do not have the right to sell (e.g., products that you do not make or that are not under your brand)
  • Firearms / firearm ammunition
  • Weapons, including knives, explosives and related items
  • Products containing any amount of alcohol
  • Products containing any amount of drugs, including prescription, legal or illegal drugs
  • Any products that contain Cannabidiol (CBD) or Tetrahydrocannabinol (THC)
  • Drug paraphernalia
  • Cigarettes, cigars, tobacco, electronic cigarettes, vape sticks or pens, hookah pipes and other smoking paraphernalia
  • Any hazardous, toxic, flammable, biohazardous, unsafe or dangerous products
  • Any recalled products
  • Dietary supplements
  • Animal or animal products, including fur (excluding leather goods)
  • Children’s car seats or harnesses
  • Pornography, including images, videos or other offensive materials
  • Products that are offensive or promote, incite or glorify hate or violence towards any person or group
  • Culturally insensitive products
  • Products related to terrorist organizations
  • Confederate flag merchandise
  • Digital goods, including software
  • Gift cards
  • Currency, coins, cash equivalents, Bitcoin or other similar digital currency
  • Stamps
  • Fine art
  • Gambling or lottery related items
  • Any perishable foods, including meat, fish, vegetables, fruits and dairy products
  • Any products containing asbestos or flame-retardant chemicals
  • Counterfeit goods
  • Used goods
Any other products that FBA determines in its discretion to be inappropriate for availability on the FBA marketplace.

3. Compliance with Laws

Brands are responsible for being familiar with and complying with all applicable laws, rules and regulations relevant to the products they make available through FBA (whether international, federal, state, local or otherwise). This includes the following (but please note this list is not exhaustive and it is your responsibility to know what laws, rules and regulations apply to you):
  • Packaging and product labeling laws (apparel or otherwise)
  • “Made in America” laws
  • Eco-friendly laws
  • Plastic bag warning labels and laws
  • California’s Prop 65 (the Safe Drinking Water and Toxic Enforcement Act of 1986)
  • California’s Compliance with Metal Containing Jewelry law

4. Recalled Products

Brands agree to immediately inform FBA if any products have been recalled, giving the following information: (a) product name; (b) SKU number or other identifying number; (c) number of units sold to Retailers; (d) purpose of recall; and (e) any other information necessary so that the products may be properly and quickly recalled.

5. Violation of These Product Guidelines

If you breach any of these Product Guidelines, FBA will have the right to deactivate products, temporarily suspend or permanently terminate your account and/or FBA’s General Terms and/or Brand Terms, in its sole discretion and without prior notice to you.