1. PURPOSE 

Cartpanda Inc. (“Cartpanda”) is a Delaware corporation with its principal place of business at 555 Republic Dr, Plano, Texas, 75074. Cartpanda is the Merchant of Record and legal seller of all Products acquired by Buyers through Cartpanda’s system: under its reseller arrangement with Suppliers, Cartpanda purchases each Product from the Supplier when a Buyer completes an order on Cartpanda’s website and sells it directly to the Buyer. 

This Advertising & Media Policy (the “Policy”) sets the content standards, disclosure requirements, channel-specific rules, and enforcement framework for all promotional materials used to market, advertise, or promote Products sold by Cartpanda as Merchant of Record. It is designed to ensure accuracy, transparency, and compliance with all applicable federal, state, local, and international laws, regulations, rules, orders, and industry self-regulatory standards in each jurisdiction where Promotional Materials are distributed or directed. 

Cartpanda’s role as Merchant of Record is not an endorsement, approval, certification, or review of any Product, claim, statement, or opinion in any Promotional Material. Cartpanda is not the manufacturer, formulator, designer, or operator of any Product offered by a Supplier, and nothing in any Promotional Material shall state or imply otherwise. 

2. SCOPE AND ACCEPTANCE 

This Policy applies to every Supplier and to every third party acting on a Supplier’s behalf or benefit in marketing, advertising, or promoting Products, including Affiliates, marketing agents, advertising and public-relations agencies, influencers, content creators, lead-generation vendors, media buyers, search-engine-marketing vendors, and any other contractor or subcontractor (collectively, “Marketing Agents”). 

Acceptance of this Policy is a condition of accessing and using the Services. The Supplier acknowledges and agrees that: 

(a) this Policy is incorporated by reference into the Terms and Conditions for Cartpanda Inc. – Buyers and Suppliers, available at https://cartpanda.com/buyers-seller-terms (the “Terms”), and forms part of the Supplier’s contractual obligations to Cartpanda;

(b) the Supplier has read, understood, and agrees to be bound by every obligation, restriction, disclosure requirement, and enforcement mechanism in this Policy;

(c) the Supplier is fully and unconditionally liable for the acts and omissions of every Marketing Agent acting on its behalf or benefit, as if performed by the Supplier itself; and

(d) continued use of the Services after any modification constitutes acceptance of the Policy as modified. 

In any conflict between this Policy and the Terms, the Terms prevail. In any conflict between this Policy and the Online Prohibited List (https://help.cartpanda.com/en-us/article/prohibited-products-and-activities-15b2dj0/), the more restrictive provision prevails. 

This Policy applies to Suppliers and Affiliates on an equal basis. Except where the context provides otherwise, every obligation, restriction, prohibition, disclosure, recordkeeping, substantiation requirement, and standard of conduct imposed on the Supplier applies equally and directly to each Affiliate as to its own Promotional Materials and marketing activities, and each reference to such an obligation of the Supplier is a reference to the Supplier and the Affiliate, as applicable. Each Affiliate is independently responsible for its own compliance, and acceptance of this Policy is a condition of any Affiliate’s promotion of Products. Nothing here limits the Supplier’s several liability under Section 4.2 or Cartpanda’s right to proceed, on a case-by-case basis assessed by its risk and compliance function, against the Supplier, the Affiliate, or both. 

3. DEFINITIONS 

Capitalized terms not defined here have the meanings given in the Terms. For purposes of this Policy: 

Affiliate: any individual or entity that promotes, markets, or advertises Products.

AI-Generated Content: any image, video, audio, text, persona, avatar, voice, or other content produced or substantially modified using artificial intelligence, machine-learning or generative models, or similar automated technologies.

Buyer: anyone who acquires Products from Cartpanda in its capacity as Merchant of Record, regardless of the Supplier that ultimately supplies them.

Deepfake: any AI-Generated Content or Synthetic Media depicting a real or apparent natural person that has been created, manipulated, or altered so as to lead a reasonable viewer or listener to believe the person performed an act, made a statement, or held a view that the person did not in fact perform, make, or hold.

Endorsement: any advertising, marketing, or promotional message that a Buyer or other recipient is likely to believe reflects the opinions, beliefs, findings, or experience of a party other than the sponsoring advertiser, including testimonials and expert, celebrity, influencer, and organizational endorsements, blog and social-media posts, demonstrations, and depictions of a person’s name, signature, likeness, voice, or other identifying characteristic. “Endorsement” and “Testimonial” are used interchangeably.

Marketing Agent: as defined in Section 2.

Material Connection: any connection between an Endorser and the Supplier (or Cartpanda) that might materially affect the weight or credibility a reasonable Buyer would give the Endorsement, including any compensation, free or discounted Product, incentive, gift, sample, employment, or business, family, or personal relationship.

Pre-Approval: the prior written approval issued by Cartpanda through a designated channel as communicated from time to time.

Products: the products and services made available to Buyers through Cartpanda’s system, as defined in the Terms.

Promotional Materials: any materials used to market, advertise, promote, solicit, or drive sales of Products, in any channel or medium, including websites, landing and sales pages, advertisements, banners, display, video, and audio creatives, scripts, storyboards, email, SMS, and MMS campaigns, push notifications, telephone scripts, social-media posts and stories, influencer and podcast content, connected-TV and streaming creatives, native advertisements and advertorials, paid-search copy, SEO content, affiliate tools, checkout-flow language, upsell and downsell offers, post-purchase communications, and any other content intended to influence a Buyer’s decision to acquire a Product.

Substantiation: competent and reliable evidence sufficient to support the express and implied claims in a Promotional Material under the standard applicable to the claim under the Federal Trade Commission Act, applicable state consumer-protection statutes, and other applicable laws. For health, safety, efficacy, or scientific claims, Substantiation requires competent and reliable scientific evidence.

Supplier: any individual or legal entity that supplies Products to Cartpanda for resale through Cartpanda’s system. Suppliers may also be referred to as “Sellers,” and any such reference is a reference to Supplier.

Synthetic Media: any image, video, audio, text, persona, avatar, voice, or other content digitally created, generated, or substantially altered so as to simulate or imply human identity, expression, performance, or endorsement, whether by artificial intelligence or other digital means. 

4. GENERAL RESPONSIBILITIES 

4.1. COMPLIANCE OBLIGATIONS 

Suppliers and Affiliates shall ensure that all Promotional Materials used in connection with Products, whether disseminated by the Supplier, an Affiliate, or any Marketing Agent acting on their behalf, comply at all times with this Policy, the Terms, and every applicable law, regulation, rule, order, and industry self-regulatory standard, including: 

(a) the Federal Trade Commission Act, 15 U.S.C. § 41 et seq., including Section 5(a) (unfair or deceptive acts or practices in or affecting commerce);

(b) the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255, as revised in 2023;

(c) the FTC’s Rule on the Use of Consumer Reviews and Testimonials, 16 CFR Part 465, effective October 21, 2024;

(d) the Restore Online Shoppers’ Confidence Act, 15 U.S.C. §§ 8401–8405, and the FTC’s Negative Option Rule, 16 CFR Part 425;

(e) the FTC’s Telemarketing Sales Rule, 16 CFR Part 310, and the Telemarketing and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. §§ 6101–6108;

(f) the Telephone Consumer Protection Act, 47 U.S.C. § 227 and 47 CFR § 64.1200, and all federal and state Do Not Call requirements, including the U.S. national Do Not Call Registry and applicable state Do Not Call lists;

(g) state mini-TCPA and telemarketing statutes, including the Florida Telephone Solicitation Act (Fla. Stat. § 501.059), the Oklahoma Telephone Solicitation Act, the Washington Commercial Electronic Mail Act, the Maryland Telephone Consumer Protection Act, and any successor or analogous statutes in other jurisdictions;

(h) the Controlling the Assault of Non-Solicited Pornography and Marketing Act, 15 U.S.C. § 7701 et seq., and 16 CFR Part 316;

(i) California Business and Professions Code §§ 17529 et seq. and § 17200 et seq., the California Consumer Privacy Act and California Privacy Rights Act (Cal. Civ. Code § 1798.100 et seq.), the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, and other state consumer-privacy statutes as in effect from time to time;

(j) the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506, and 16 CFR Part 312;

(k) the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., the Dietary Supplement Health and Education Act and related FDA regulations, including the structure/function claim disclaimer requirements at 21 CFR § 101.93, and the California Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.6, “Proposition 65”);

(l) state right-of-publicity statutes and common-law rights of publicity, including California Civil Code § 3344, New York Civil Rights Law §§ 50–51, the Tennessee Ensuring Likeness, Voice, and Image Security Act, and the post-mortem and digital-replica protections of other applicable jurisdictions;

(m) Canada’s Anti-Spam Legislation, S.C. 2010, c. 23, for recipients located in Canada;

(n) Regulation (EU) 2016/679 (the General Data Protection Regulation) and the United Kingdom General Data Protection Regulation, for Data Subjects located in the European Union and the United Kingdom, respectively;

(o) Brazilian Federal Law No. 13,709/2018 (Lei Geral de Proteção de Dados Pessoais, the “LGPD”), for Data Subjects located in Brazil;

(p) the synthetic-performer advertising-disclosure requirements of New York General Business Law § 396-b, as amended by Senate Bill S.8420-A and Assembly Bill A.8887-B, effective June 9, 2026; and

(q) any other federal, state, local, or international law, regulation, rule, order, or industry self-regulatory standard applicable to the marketing, advertising, or promotion of Products. 

4.2. LIABILITY 

Each Supplier and each Affiliate is directly responsible for compliance with this Policy and applicable law as to its own Promotional Materials and marketing activities. In addition, each Supplier is fully, unconditionally, and severally liable for every act and omission of every Affiliate or other Marketing Agent acting on its behalf or benefit, as if performed by the Supplier itself. 

Where Cartpanda’s Compliance and Risk team determines, in its sole discretion and on the facts of the specific case, that an Affiliate or other Marketing Agent acted on its own initiative or outside or against the Supplier’s instructions or authorization, Cartpanda may pursue that Affiliate or Marketing Agent independently of, in addition to, or in lieu of the Supplier. Any such election is a discretionary enforcement decision made case by case; it does not limit Cartpanda’s right to hold the Supplier severally liable in any other case or release, reduce, or otherwise limit the Supplier’s full, unconditional, and several liability under this Section 4.2. 

Each Supplier and each Affiliate shall ensure that each Marketing Agent acting on its behalf or benefit (a) complies with this Policy and applicable law; (b) is trained on the disclosure and substantiation requirements applicable to its activities; and (c) is monitored on a continuing basis. Cartpanda may, in its sole discretion, demand the immediate suspension or termination of any Affiliate or Marketing Agent whose activities it determines to be inconsistent with this Policy or applicable law, and the Supplier or the Affiliate shall implement it without delay. 

4.3. PRE-APPROVAL AND REVIEW AUTHORITY 

Cartpanda may at any time, in its sole discretion, request, inspect, and review any Promotional Material before, during, or after publication. The Supplier or the Affiliate shall produce any requested Promotional Material, together with its underlying substantiation, source files, scripts, and consent or license documentation, within the timeframe Cartpanda specifies. The following shall not be disseminated by the Supplier, an Affiliate, or any Marketing Agent acting on their behalf without Cartpanda’s prior written Pre-Approval: 

(a) any Promotional Material containing or based on Synthetic Media, AI-Generated Content, or a Deepfake;

(b) any Promotional Material making health, wellness, dietary, nutritional, weight-loss, sexual-performance, or other physiological-effect claims;

(c) any Promotional Material making earnings, income, savings, return-on-investment, or other financial-performance claims;

(d) any Endorsement by a celebrity, public figure, expert, or other person whose identity, expertise, profession, or institutional affiliation is referenced or relied upon;

(e) any Promotional Material with express or implied comparative claims referencing a named competitor, competing Product, or competing brand;

(f) any Promotional Material incorporating, referencing, or displaying a logo, trademark, trade dress, name, voice, image, likeness, or other identifying characteristic of any third party (including Cartpanda); and

(g) any other category for which Cartpanda has communicated, in writing or through a designated channel, that Pre-Approval is required. 

Pre-Approved Promotional Materials shall not be modified without resubmission and further Pre-Approval by Cartpanda. Failure to obtain Pre-Approval where required, or material deviation from Pre-Approved materials, may result in immediate suspension of advertising privileges; withholding or forfeiture of Supplier Payments, affiliate commissions, or other amounts due to the Supplier or the Affiliate; suspension or termination of the account and access to the Services; and any other remedies available to Cartpanda under the Terms, this Policy, the applicable affiliate agreement, or applicable law. 

4.4. RECORDKEEPING AND SUBSTANTIATION 

The Supplier and the Affiliate shall each maintain, and cause each Marketing Agent acting on its behalf or benefit to maintain, complete and accurate records sufficient to establish compliance with this Policy and applicable law, including: (a) Substantiation for every express and implied claim; (b) executed written consent from every Endorser and from every individual whose name, voice, image, likeness, or other identifying characteristic is depicted; (c) executed licenses or other documentation of rights for every image, video, audio, music, script, font, character, or other content used; (d) signup, consent, and revocation records for every email, SMS, MMS, and telephone marketing recipient, including subscriber Internet Protocol address, date and time of consent, source URL, and the information submitted at consent; (e) suppression and Do Not Call lists; (f) Material Connection disclosures; and (g) Pre-Approval records. Records shall be retained for the longer of five years from the date the relevant Promotional Material was last published or distributed, or any longer period required by applicable law, and produced within forty-eight (48) hours of Cartpanda’s request; the email subscriber signup, consent, and registration records in clause (d) shall be produced within twenty-four (24) hours, consistent with Annex I, Section 2(b) of the Terms. 

5. CONTENT STANDARDS 

All Promotional Materials shall be truthful, substantiated, non-deceptive, non-misleading, and consistent with this Policy, the Terms, and applicable law. The categories in this Section 5 are illustrative, not exhaustive. 

5.1. PERMITTED CONTENT 

The following are permitted, provided each statement is truthful, accurate, fully substantiated, not misleading, and compliant with the disclosure requirements of this Policy and applicable law, and that, where it also falls within Section 4.3, it has received Pre-Approval before publication: 

(a) documented past-performance metrics, such as prior affiliate payouts or aggregated sales data, provided the relevant niche, vertical, or Supplier account is identified. Example: “Over the past six months, Affiliates promoting this Product in the health and wellness niche have earned an average of US$700 per month, according to data from the account of Supplier XYZ. Individual results may vary.” Two elements are required: (i) disclosure of the niche or vertical; and (ii) identification of the source account;

(b) affiliate promotional tools (banners, email templates, swipe files, creative kits) that comply with this Policy and that the Supplier has Pre-Approved for use by its Affiliates;

(c) front-end, upsell, and downsell pricing presented consistently with the price displayed at checkout, so Affiliates can assess commission potential. Example: “The price of this Product is US$19.99, with an additional upsell of US$9.99, increasing average order value and Affiliate commission.”;

(d) commission estimates such as “earn up to US$XX per sale,” provided the figures match the actual commission configuration on Cartpanda’s system. Example: “Earn up to US$30 per sale, based on the current commission configuration on Cartpanda’s system.”;

(e) scarcity or urgency messaging based on actual, verifiable limits (such as a date-certain deadline or a true inventory cap). Example: “Offer valid until December 31, 2026, or while the 200 available units remain in stock.”; and

(f) Endorsements and Testimonials that comply with Section 6, the FTC Endorsement Guides, and the Consumer Reviews Rule. Example: “Verified Buyer testimonial: ‘I purchased this Product three months ago and am very satisfied with the results. Highly recommend.’ John P., New York.” 

5.2. PROHIBITED CONTENT 

The following are strictly prohibited in any Promotional Material: 

(a) any corporate or third-party logo, trademark, trade dress, name, image, voice, likeness, or other identifying characteristic (including Cartpanda’s) without express, documented written authorization from the right-holder;

(b) false, misleading, unsubstantiated, or unverifiable claims, including unqualified superlatives (“#1 Product,” “best in the world,” “fastest method,” “most effective”) not supported by competent and reliable evidence;

(c) fabricated, unsubstantiated, or unverifiable Endorsements or Testimonials, including statements attributed to non-existent individuals or to persons who did not provide them;

(d) use of the image, name, voice, likeness, signature, or other identifying characteristic of any celebrity, public figure, athlete, expert, or other identifiable person without documented, express written consent and, where applicable, the executed license required by right-of-publicity law;

(e) adult content, including nudity, sexually suggestive or explicit imagery, or sexually suggestive or explicit language;

(f) false or exaggerated earnings, income, or savings claims, including promises of unrealistic, atypical, or unverified financial gain (for example, “make US$1,000,000 in your first week with zero experience”);

(g) account-level performance metrics (earnings per click, conversion rate, refund rate, or similar) presented in a manner reasonably likely to be understood as typical or generally available results, such as “US$10,000 in one day”;

(h) false scarcity tactics, including countdown timers, low-inventory warnings, or limited-time language that does not reflect a genuine, verifiable limit;

(i) “As Seen On” or similar media-placement representations not supported by documentary evidence of the asserted placement;

(j) blind offers that promise an outcome without disclosing the underlying Product, service, method, or material terms of the offer;

(k) video creatives engineered to prevent or discourage the viewer from pausing, exiting, fast-forwarding, or understanding what is being sold, including videos concealing price, key terms, or the identity of the Product;

(l) any reference promoting illegal activity, hate speech, violence, harassment, or unsafe behavior;

(m) scripts, videos, or other Promotional Materials with fictitious characters, invented life stories, or unrealistic effort-to-result portrayals (for example, “John made US$500,000 in 30 days after losing his job” where no such person exists or the facts are fabricated);

(n) promotions of categories prohibited or restricted under Annex II to the Terms or the Online Prohibited List, including gambling, alcohol, tobacco, hacking, deceptive investment opportunities, predatory lending, and medical claims unsupported by competent and reliable scientific evidence;

(o) animated banners, flashing visuals, or other visual elements unrelated to the Product or likely to confuse or mislead the viewer;

(p) references to Affiliate program benefits, prizes, bonuses, or commission structures not officially supported by Cartpanda or the relevant Supplier through a publicly available program;

(q) expert Endorsements (for example, by physicians or scientists) not supported by documentation of the Endorser’s actual expertise and bona fide evaluation of the Product;

(r) reference-pricing or sale-pricing representations (for example, “normally US$199, now only US$49”) where the reference price has not been a genuine, regular, and substantial selling price of the Product in good faith for a meaningful period;

(s) foul or vulgar language, degrading humor, or depictions of abuse toward humans or animals; and

(t) any Synthetic Media, AI-Generated Content, or Deepfake that does not comply with Section 7 of this Policy and Section 7.3 of the Terms. 

Checkout, upsell, and downsell flows shall comply with Section 10, including the requirement that any reject option (such as a “No, thank you” button) be presented with clear, conspicuous, and visually proximate prominence relative to the corresponding accept option. 

5.3. COMPARATIVE, SUPERLATIVE, AND “AS SEEN ON” CLAIMS 

Comparative claims (express or implied) referencing a competing Product, brand, or category, and superlative claims (“#1,” “best,” “leading,” “most effective,” “fastest,” “the only”) require Pre-Approval and competent and reliable evidence substantiating every express and implied representation conveyed to a reasonable Buyer. “As Seen On,” “Featured In,” and similar media-placement claims require documentary evidence of the asserted placement, including its date, medium, and nature. Advertising placements purchased by the Supplier do not, by themselves, qualify as such coverage and shall not be presented as editorial features. 

5.4. SCARCITY, URGENCY, AND PRICING REPRESENTATIONS 

Scarcity and urgency representations shall correspond to actual, verifiable conditions. Countdown timers shall expire at a genuine deadline and shall not reset on refresh or revisit. “Only X left” representations shall reflect actual inventory. Reference- or comparison-pricing representations (“was/now,” “regular price,” “manufacturer’s suggested retail price,” “original price”) shall be supported by evidence that the reference price was the genuine, regular, and substantial selling price of the Product, or where applicable a bona fide manufacturer’s or retailer’s suggested price, in good faith for a meaningful period before the advertised offer. 

5.5. USE OF CARTPANDA BRAND ASSETS AND REQUIRED MERCHANT OF RECORD DISCLOSURE 

The Supplier and the Affiliate shall each implement the Merchant of Record disclosure required by Section 5.8 of the Terms in every customer-facing material, website, checkout and landing page, confirmation email, support channel, and other touchpoint associated with the sale of Products. Cartpanda may make available, through the Supplier’s dashboard or other designated channels, approved templates, badges, banners, or disclosure language; where it does, the Supplier shall implement them, without modification, within the timeframe Cartpanda specifies. 

Except as expressly authorized in writing by Cartpanda or required by Section 5.8 of the Terms, neither the Supplier nor the Affiliate shall, or permit any Marketing Agent to: 

(a) use Cartpanda’s name, logo, trademarks, trade dress, or other brand assets in any Promotional Material;

(b) state, suggest, or imply that Cartpanda endorses, certifies, recommends, sponsors, or has reviewed any specific Product, Supplier, or Promotional Material;

(c) state, suggest, or imply that Cartpanda is the manufacturer, formulator, designer, developer, or operator of any Product, or is responsible for its composition, formulation, efficacy, or performance; or

(d) create branding confusion or otherwise hold the Supplier or any Marketing Agent out as Cartpanda or as its affiliate, agent, representative, or partner, beyond the Supplier’s status as a supplier under a reseller arrangement. 

5.6. PROHIBITED PRODUCTS AND HIGH-RISK CATEGORIES 

No Promotional Material shall market, advertise, or promote any Product, service, activity, or business prohibited or restricted under Annex II to the Terms or the Online Prohibited List, as updated from time to time. Promotional Materials for Products granted discretionary pre-approval under Section 4 of Annex II to the Terms shall be used only within the scope, limitations, and conditions of that pre-approval, and shall themselves receive Pre-Approval under Section 4.3 of this Policy before publication. 

6. ENDORSEMENTS, TESTIMONIALS, AND CONSUMER REVIEWS 

6.1. FTC ENDORSEMENT GUIDES (16 CFR PART 255) 

No Endorsement or Testimonial shall be used to advertise Products without Cartpanda’s prior express written consent (Pre-Approval), consistent with Annex I, Section 2(d) of the Terms. Every Endorsement shall comply with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255, as revised in 2023. Without limiting the foregoing: 

(a) it shall reflect the honest opinions, findings, beliefs, or experience of the Endorser;

(b) it shall not convey, expressly or by implication, any representation that would be deceptive if made directly by the Supplier;

(c) it shall not contain a representation for which the Supplier lacks Substantiation;

(d) where it represents that the Endorser uses the Product, the Endorser shall have been a bona fide user when the Endorsement was given, and the Endorsement may be used only while the Supplier has good reason to believe the Endorser continues to subscribe to the views expressed;

(e) every Material Connection between the Endorser and the Supplier (or Cartpanda) shall be disclosed in a clear and conspicuous manner; and

(f) no Endorsement by a person purporting to be a consumer shall be used unless the person is a bona fide consumer of the Product, and no Endorsement by a person purporting to possess particular expertise, credentials, or experience shall be used unless the Endorser actually possesses it and based the Endorsement on a bona fide evaluation of the Product. 

6.2. FTC RULE ON THE USE OF CONSUMER REVIEWS AND TESTIMONIALS (16 CFR PART 465) 

Effective October 21, 2024, the FTC’s Rule on the Use of Consumer Reviews and Testimonials, 16 CFR Part 465, prohibits a range of deceptive practices involving consumer reviews, consumer testimonials, and indicators of social-media influence. Without limiting any other provision of this Policy or applicable law, neither the Supplier nor the Affiliate shall, or permit any Marketing Agent to: 

(a) write, create, sell, distribute, buy, procure, or disseminate any fake or false consumer review or testimonial, including by persons who do not exist, did not use or experience the Product, or misrepresent their experience, and including any review or testimonial generated in whole or in material part by artificial intelligence or other automated means that purports to reflect a real consumer’s experience;

(b) provide or cause to be provided any compensation or incentive conditioned, expressly or by implication, on a particular sentiment (positive or negative) in a consumer review;

(c) use or disseminate any insider review or testimonial (including by an officer, manager, employee, agent, immediate relative, or other person with a Material Connection to the Supplier) without clear and conspicuous disclosure of that connection;

(d) create, operate, control, or materially influence a website, organization, or entity purporting to provide independent reviews of Products without clearly and conspicuously disclosing its relationship with the Supplier;

(e) use unfounded or groundless legal threats, physical threats, intimidation, or public false accusations to prevent, remove, or suppress a negative consumer review or testimonial, in whole or in part;

(f) misrepresent that a display of consumer reviews represents most or all reviews submitted when negative reviews have been suppressed or selectively withheld; or

(g) purchase, sell, procure, or disseminate any indicator of social-media influence (followers, views, subscribers, or engagement) the Supplier knows or should know is generated by bots, fake accounts, or accounts that do not reflect a real individual’s opinion, where used to materially misrepresent the Supplier’s, the Product’s, or the Endorser’s influence or importance for a commercial purpose. 

Violation of 16 CFR Part 465 by the Supplier, the Affiliate, or any Marketing Agent acting on their behalf constitutes a material breach of the Terms and of this Policy, and Cartpanda may, in its sole discretion and without prior notice, take any of the actions set out in Section 15. 

6.3. MATERIAL CONNECTION DISCLOSURES 

Every Material Connection shall be disclosed in a manner that is clear, conspicuous, unambiguous, and unavoidable to a reasonable Buyer. Without limiting the foregoing: 

(a) disclosures shall appear in close proximity to the Endorsement, in the same medium and on the same platform, and shall not be relegated to a separate page, a tooltip, an “about” section, a hashtag stack, or other location the Buyer is unlikely to view;

(b) disclosures in video Endorsements shall appear both in the audio (where the Endorsement contains audio) and on-screen throughout the portion of the video containing the Endorsement;

(c) disclosures in image-based Endorsements shall appear within the image or in the visible caption preceding the “see more” fold, and shall not rely on hashtags such as “#ad,” “#sp,” or “#sponsored” placed among other hashtags or below the fold; and

(d) disclosures in audio-only Endorsements (including podcasts) shall be spoken in a clear voice at a normal cadence immediately before or after the Endorsement. 

6.4. INFLUENCER AND AFFILIATE MARKETING 

Subject to Section 4.2, the Supplier is fully and unconditionally liable for the conduct of every influencer, content creator, ambassador, brand partner, and Affiliate that promotes Products on its behalf or benefit. The Supplier shall: (a) require each such Marketing Agent, by written agreement, to comply with this Policy, the FTC Endorsement Guides, and 16 CFR Part 465; (b) provide each with training on the Material Connection disclosure standards applicable to its channel; (c) monitor its published content on a continuing basis; and (d) implement, document, and enforce a corrective-action process for non-compliant content, including takedown, suspension, and termination as appropriate. Cartpanda may at any time, in its sole discretion, demand the immediate takedown of any influencer or Affiliate content it determines to be inconsistent with this Policy or applicable law. 

6.5. EXPERT AND PROFESSIONAL ENDORSEMENTS 

An Endorsement conveying, expressly or by implication, that the Endorser possesses particular expertise, credentials, professional licensure, or institutional affiliation (including physicians, dentists, pharmacists, nurses, scientists, engineers, financial professionals, or academic researchers) shall not be used unless: (a) the Endorser actually possesses the represented expertise, credentials, licensure, or affiliation; (b) the Endorsement rests on a bona fide evaluation of the Product within that area of expertise; (c) the Supplier maintains contemporaneous documentation of both the credentials and the evaluation; and (d) any Material Connection between the Endorser and the Supplier or Cartpanda is disclosed under Section 6.3. The use of “white-coat” imagery (laboratory coats, stethoscopes, clinical settings, or hospital environments) without a corresponding qualified Endorser is prohibited. 

7. SYNTHETIC, AI-GENERATED, AND DEEPFAKE CONTENT 

7.1. DEFINITIONS AND SCOPE 

This Section 7 applies to any Promotional Material that contains, in whole or in part, Synthetic Media, AI-Generated Content, or a Deepfake, regardless of the platform, medium, channel, or technology used to create, manipulate, or distribute it, and regardless of whether it is published on Cartpanda’s system or elsewhere. It supplements, and shall be read together with, Section 7.3 of the Terms. 

7.2. CONDITIONAL PERMISSIBILITY 

Neither the Supplier nor the Affiliate shall, directly or through any Marketing Agent, create, publish, distribute, or use any Synthetic Media, AI-Generated Content, or Deepfake that simulates or implies a real human identity, voice, likeness, or Endorsement in the marketing of any Product, unless all of the following are satisfied: 

(a) the Supplier has obtained, and can produce within forty-eight (48) hours of Cartpanda’s request, documented, express written consent from each individual whose identity, voice, likeness, or other identifying characteristic is simulated, depicted, or implied, in a form complying with the right-of-publicity, privacy, and other applicable laws of every jurisdiction where the content will be distributed;

(b) the Promotional Material includes a clear and conspicuous disclosure, visible or audible to the Buyer before purchase, that the content is AI-generated, synthetically produced, or otherwise simulated; and

(c) the Promotional Material has been submitted to and Pre-Approved in writing by Cartpanda. 

Regardless of the foregoing, no fake Endorsement, fabricated Testimonial, fictitious persona, or wholly invented consumer character may be used in the marketing of any Product, whether through Synthetic Media, AI-Generated Content, Deepfake technology, traditional media, or any other means. 

7.3. DISCLOSURE STANDARDS 

The disclosure required by Section 7.2(b) shall be clear, conspicuous, and unambiguous to a reasonable Buyer, presented in the same medium and on the same platform and in close proximity to the content it relates to, and shall remain visible or audible long enough for a reasonable Buyer to observe it before making a purchase decision. It shall not be obscured, abbreviated, encoded, or otherwise rendered inconspicuous, or relegated to fine print, hashtags, tooltips, or other locations a reasonable Buyer is unlikely to view. 

7.4. VOICE, LIKENESS, AND RIGHT OF PUBLICITY 

Neither the Supplier nor the Affiliate shall, directly or through any Marketing Agent, use the name, voice, image, likeness, signature, performance, or other identifying characteristic of any natural person (living or, where applicable law so provides, deceased) in any Promotional Material without documented, express written consent from that person (or, for a deceased person, the holder of the post-mortem right of publicity) and compliance with every applicable right-of-publicity statute and common-law right, including those identified in Section 4.1(l). Unauthorized use of a real individual’s identity, voice, or likeness, including through Synthetic Media, AI-Generated Content, or Deepfake technology, may result in: (a) immediate takedown of the Promotional Material; (b) suspension or termination of the Supplier’s account; (c) withholding or forfeiture of Supplier Payments; (d) legal action for misrepresentation, violation of the right of publicity, false endorsement, or fraud; (e) full indemnification of Cartpanda for direct and indirect damages, including legal fees, settlement amounts, judgments, and costs of administrative or judicial proceedings; and (f) notification of the conduct to affected platforms, card networks, acquirers, and regulatory authorities. Violation of this Section 7.4 constitutes a material breach of the Terms and of this Policy. 

7.5. DISCLOSURE OF SYNTHETIC PERFORMERS (NEW YORK GENERAL BUSINESS LAW § 396-b) 

Effective June 9, 2026, New York General Business Law § 396-b, as amended by Senate Bill S.8420-A and Assembly Bill A.8887-B, requires any advertisement produced or created for a commercial purpose that contains a synthetic performer to include a conspicuous disclosure, within the advertisement, that a synthetic performer appears in it. A synthetic performer is defined as “a digitally created asset created, reproduced, or modified by computer, using generative artificial intelligence or a software algorithm, that is intended to create the impression that the asset is engaging in an audiovisual and/or visual performance of a human performer who is not recognizable as any identifiable natural person.” The statute imposes civil penalties of US$1,000 for a first violation and US$5,000 for each subsequent violation, and applies to the person who produces or creates the advertisement with actual knowledge that a synthetic performer appears in it. 

As between Cartpanda and the Supplier or Affiliate, the Supplier or Affiliate that produces, creates, or controls the relevant Promotional Materials is responsible for the disclosure required under § 396-b. Where such materials contain, or may reasonably be understood to contain, a synthetic performer and are directed to or accessible by Buyers in New York, that Supplier or Affiliate shall include the conspicuous statutory disclosure within the advertisement itself, at the point the Buyer views it, including in any video sales letter, landing page, or other audiovisual or visual creative, and shall otherwise comply with the statute’s requirements and exemptions. This obligation is in addition to Sections 7.2 and 7.3. 

Cartpanda may, in its sole discretion, present a general informational notice on the sales page within the Cartpanda purchase flow, substantially as: “Advertising, product claims, and promotional materials related to this order are created by the Supplier of the product, not by Cartpanda. Please review all product information and disclosures before completing your purchase.” Any such notice is informational and precautionary only: it is presented by Cartpanda, as Merchant of Record, to identify the Supplier as the party responsible for the advertising content associated with an order; it does not state or imply that any particular Promotional Material contains a synthetic performer or AI-generated content; and it does not relieve the Supplier or the Affiliate of the obligation to include any legally required disclosure within the advertisement itself. 

8. EARNINGS, INCOME, AND PERFORMANCE CLAIMS 

No Promotional Material shall make any earnings, income, savings, return-on-investment, or other financial-performance claim unless it is truthful, accurate, and supported by competent and reliable evidence. Without limiting the foregoing, neither the Supplier nor the Affiliate shall, or permit any Marketing Agent to: 

(a) represent, expressly or by implication, that a Buyer or user is likely to earn or achieve any particular level of income, profit, or financial result without competent and reliable evidence;

(b) use specific dollar figures, percentages, ratios, or other numeric performance representations except where they correspond to actual, verifiable results of Buyers or users, are presented in a context that fairly conveys their typicality or atypicality, and are supported by Substantiation;

(c) use lifestyle imagery, depictions of wealth, or other visual or contextual elements that, taken with the textual or audio content, are likely to convey that the depicted lifestyle or wealth is typical of, or readily achievable through, the Product; or

(d) represent, expressly or by implication, that a Product, system, program, or opportunity carries no risk, requires no effort, or guarantees a particular outcome. 

Such representations may also be subject to the FTC’s Business Opportunity Rule, 16 CFR Part 437, the FTC’s Franchise Rule, 16 CFR Part 436, and other applicable earnings-claim rules in effect from time to time, and the Supplier shall identify and comply with each rule applicable to its Products and marketing activities. 

9. HEALTH, WELLNESS, AND DIETARY SUPPLEMENT CLAIMS 

Promotional Materials for Products that are foods, beverages, cosmetics, dietary supplements, devices, or other articles within the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq., the Dietary Supplement Health and Education Act, or analogous foreign legislation shall comply with every applicable requirement of such legislation and the related regulations of the FDA and other competent authorities. Without limiting the foregoing: 

(a) no Promotional Material shall represent, expressly or by implication, that any Product diagnoses, cures, mitigates, treats, or prevents any disease unless supported by approval, clearance, authorization, or registration from the FDA or other competent authority, as required by law;

(b) structure/function claims for dietary supplements shall include the disclaimer required by 21 CFR § 101.93, clearly and conspicuously: “This statement has not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.”;

(c) no health, safety, efficacy, or scientific claim shall be made unless supported by competent and reliable scientific evidence sufficient under the standard applicable under the Federal Trade Commission Act and applicable state consumer-protection statutes; and

(d) no Promotional Material shall market, advertise, or promote any pseudo-pharmaceutical, nutraceutical, or other Product prohibited or restricted under Annex II to the Terms or the Online Prohibited List. 

Health, wellness, and dietary supplement claims shall receive Pre-Approval under Section 4.3(b) of this Policy. 

10. SUBSCRIPTION, UPSELL, AND NEGATIVE-OPTION OFFERS 

This Section 10 applies to any subscription, automatic renewal, continuity program, free or reduced-price trial that converts to a paid offer, upsell, downsell, cross-sell, order bump, or other negative-option feature within the Restore Online Shoppers’ Confidence Act, 15 U.S.C. §§ 8401–8405, and the FTC’s Negative Option Rule, 16 CFR Part 425. 

The Supplier shall ensure that every such offer presented in any Promotional Material: 

(a) discloses all material terms (price; billing frequency; amount and timing of any future charges; the date a free or reduced-price trial converts to a paid offer; and the cancellation mechanism) clearly, conspicuously, and before obtaining the Buyer’s billing information;

(b) obtains the Buyer’s express, informed consent to the negative-option feature separately from any other consent at checkout, through an affirmative act, with no pre-checked checkbox, pre-selected option, or other default-on mechanism;

(c) provides a simple, easy-to-use cancellation mechanism at least as accessible as enrollment, without disproportionately burdensome steps, mandatory contact with a representative, or other obstacles not present at enrollment;

(d) presents any upsell, downsell, cross-sell, or order bump with a clearly visible reject option (such as a “No, thank you” button or link) of at least equal visual prominence and proximity to the accept option, and not designed, styled, or positioned to deter, conceal, or discourage rejection; and

(e) complies with every applicable state automatic-renewal law, including the California Automatic Renewal Law and analogous statutes in other jurisdictions. 

No Promotional Material shall mischaracterize a subscription, continuity, or negative-option offer as a one-time purchase, a single-payment offer, or a no-obligation trial. 

11. ADVERTISING CHANNELS 

The requirements of this Section 11 apply to the corresponding channel in addition to, and not in lieu of, every other requirement of this Policy. 

11.1. EMAIL 

All marketing email sent in connection with Products shall comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act, 15 U.S.C. § 7701 et seq., and 16 CFR Part 316; California Business and Professions Code § 17529.5 and other applicable state anti-spam statutes; Canada’s Anti-Spam Legislation for recipients in Canada; the General Data Protection Regulation and the United Kingdom General Data Protection Regulation for recipients in the European Union or the United Kingdom; and every other applicable law. Without limiting the foregoing, every marketing email shall: 

(a) contain accurate header information (source, destination, date, time, and routing) and accurate, non-misleading subject and “from” lines;

(b) originate from an openly and accurately registered email domain, not a privately registered or falsely identified domain;

(c) clearly and conspicuously identify the message as an advertisement or solicitation, including the statement “This is an advertisement.”;

(d) include a functioning, no-cost opt-out mechanism that remains active for at least thirty (30) days from the date of the email and honors any opt-out within ten (10) days of receipt;

(e) include a valid postal address of the Supplier;

(f) include the Merchant of Record disclosure required by Section 5.5; and

(g) include the following legal disclaimer: 

“The content of this message has been prepared by the relevant Supplier and not by Cartpanda. Accordingly, Cartpanda assumes no liability for any content of this message, including promotions, incentives, anticipated earnings, or other representations. Cartpanda is likewise not responsible for any links to third-party websites included in this communication. The presence of any such link does not imply any endorsement by Cartpanda of the external site or its offerings. By clicking on or accessing any third-party link, you acknowledge full responsibility and assume all related risks. Cartpanda Inc. is the Merchant of Record and the legal seller of the Products offered for sale.” 

The Supplier and the Affiliate shall each send marketing email only to addresses on email lists they solely own or manage, and only after each recipient has manifested affirmative, documented consent to receive commercial email from the Supplier. Each shall maintain a suppression list of all addresses that have opted out, scrub all sends against it both before each send and at least every seven (7) days, and not sell, lease, exchange, or otherwise transfer or release any opt-out address except as required by law. The suppression list shall be treated as Confidential Information. 

11.2. SMS, MMS, AND TELEPHONE 

Neither the Supplier nor the Affiliate shall, or permit any Marketing Agent to, send any short message service or multimedia messaging service message, or place any telephone call (including any call using a prerecorded or artificial voice and any “ringless voicemail”), to market any Product unless Cartpanda has provided prior express written permission and the Supplier complies with each of the following: 

(a) compliance with every applicable federal, state, and local telemarketing and text-message-marketing law, including the Telephone Consumer Protection Act and 47 CFR § 64.1200, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Telemarketing Sales Rule, applicable FCC rules and orders, and the state mini-TCPA and telemarketing statutes identified in Section 4.1(g);

(b) obtaining “prior express written consent” from each recipient as required by the Telephone Consumer Protection Act and the Telemarketing Sales Rule, as further interpreted by the FCC and the courts;

(c) not calling or messaging any number on the U.S. national Do Not Call Registry, any applicable state Do Not Call list, the Supplier’s internal Do Not Call list, or any other list provided by Cartpanda;

(d) compliance with every applicable disclosure, opt-out, and consent-revocation requirement, honoring any opt-out or revocation within twenty-four (24) hours of receipt, and notifying Cartpanda of any “do not call” request or revocation received for Products within twenty-four (24) hours of receipt;

(e) implementing and maintaining written policies and procedures designed to ensure ongoing compliance with this Section 11.2; and

(f) providing Cartpanda, upon request, with the records demonstrating compliance, including signup and consent records (recipient Internet Protocol address, date and time of consent, source URL, and information submitted at consent), call and message logs, opt-out and revocation records, and recordings of any consent or revocation interactions. 

11.3. SOCIAL MEDIA AND INFLUENCER CHANNELS 

Social-media advertising and influencer marketing are subject to Sections 6.3 and 6.4. The Supplier shall ensure that every social-media post, story, video, livestream, podcast appearance, or other influencer content that promotes a Product complies with the relevant platform’s disclosure requirements, the FTC Endorsement Guides and Consumer Reviews Rule, and every other applicable law and self-regulatory standard. 

11.4. PAID SEARCH, DISPLAY, AND NATIVE ADVERTISING 

The Supplier shall not, or permit any Marketing Agent to, bid on, register, or use, in any paid-search, display, social-media, or other advertising campaign, any trademark, brand name, common misspelling, variant, or domain name of Cartpanda or any third party without documented written authorization from the right-holder. Native advertising, advertorials, sponsored articles, and similar formats shall include a clear and conspicuous identification of their commercial nature (such as “Ad,” “Advertisement,” “Sponsored,” or “Paid Promotion”), positioned and styled in accordance with the FTC’s native-advertising guidance and applicable platform requirements. 

11.5. CONNECTED TV, STREAMING, AND AUDIO 

Promotional Materials distributed through connected television, over-the-top or internet-delivered video, podcasts, internet radio, or other audio or audiovisual channels shall comply with this Policy and applicable law. In audio-only channels, every required disclosure (Material Connection, Synthetic Media or AI-Generated Content, and Merchant of Record) shall be spoken in a clear voice at a normal cadence at a point a reasonable Buyer would observe. In connected-television and other audiovisual channels, every required disclosure shall be presented in both audio and on-screen visual form, in each case clearly and conspicuously to a reasonable Buyer. 

12. DATA PROTECTION IN ADVERTISING ACTIVITIES 

12.1. CROSS-REFERENCE TO CARTPANDA PRIVACY POLICY 

Any collection, processing, sharing, or other use of Personal Data of Buyers, prospective Buyers, or other Data Subjects in connection with marketing Products shall comply with Cartpanda’s Privacy Policy, available at https://cartpanda.com/privacy-policy, and every applicable data-protection law. Questions or requests concerning Personal Data or the exercise of Data Subject rights shall be directed to dpo@cartpanda.com. 

12.2. UNITED STATES STATE PRIVACY LAWS 

The Supplier shall identify and comply with every applicable U.S. state privacy law, including the California Consumer Privacy Act and California Privacy Rights Act, the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, and successor or analogous statutes as in effect from time to time. 

12.3. INTERNATIONAL TARGETING 

Where Promotional Materials target Data Subjects located in the European Union, the United Kingdom, or Brazil, the Supplier shall comply with the General Data Protection Regulation, the United Kingdom General Data Protection Regulation, and the Brazilian General Data Protection Law, respectively, and with the corresponding sections of Cartpanda’s Privacy Policy, including those on international data transfers and designated representatives. 

12.4. CONTENT DIRECTED AT MINORS 

Promotional Materials shall not be directed at children under the age of thirteen (13), and the Supplier shall not knowingly collect Personal Data from children under thirteen (13) in connection with marketing, except in strict compliance with the Children’s Online Privacy Protection Act, 15 U.S.C. §§ 6501–6506, 16 CFR Part 312, and any analogous foreign legislation. Promotional Materials shall not be designed to appeal to children under thirteen (13) where the underlying Product is not suitable or intended for them. 

13. CARD NETWORK AND ACQUIRER ADVERTISING STANDARDS 

The Supplier and the Affiliate shall each, and shall cause every Marketing Agent to, comply with every applicable card network and acquirer rule, standard, guideline, and requirement, as in effect from time to time and as communicated by Cartpanda through the Supplier’s dashboard or other designated channels. These may address, among other matters, the display of pricing, refund and return policies, customer-service contact information, Merchant of Record identification, brand-mark usage, and prohibitions or restrictions on specific Product categories, claims, or practices. 

Cartpanda may at any time, in its sole discretion, require the Supplier to modify, suspend, or remove any Promotional Material to comply with applicable card network or acquirer rules, and the Supplier shall do so without delay. 

14. REPORTING, INVESTIGATION, AND COOPERATION 

Suspected violations of this Policy may be reported by the Supplier, any Marketing Agent, a Buyer, or any third party (a) through the “Flag Content” form on Cartpanda’s website or (b) by email to report@cartpanda.com. Reports may be made on a confidential or anonymous basis to the extent permitted by applicable law. 

The Supplier and the Affiliate shall each notify Cartpanda, within twenty-four (24) hours of receipt, of any complaint, legal notice, regulatory inquiry, subpoena, civil investigative demand, cease-and-desist letter, arbitration demand, or other communication received in connection with any Product, Promotional Material, or marketing activity. Each shall cooperate fully and in good faith with any investigation, audit, or review by Cartpanda, any card network or acquirer, or any competent regulatory authority (including the FTC, the FDA, the FCC, state attorneys general, the European Commission, national supervisory authorities under the General Data Protection Regulation, the United Kingdom Information Commissioner’s Office, and the Brazilian Autoridade Nacional de Proteção de Dados), and shall promptly provide any information, document, or record reasonably requested. Cartpanda may, in its sole discretion, share findings, materials, and records with card networks, acquirers, and regulatory authorities in furtherance of compliance with applicable law, card network rules, and acquirer requirements. 

15. ENFORCEMENT, PENALTIES, AND INDEMNIFICATION 

15.1. ENFORCEMENT ACTIONS 

Cartpanda may, in its sole discretion and without prior notice, take any one or more of the following actions in response to any actual or suspected violation of this Policy, the Terms, or applicable law: 

(a) require any Promotional Material to be submitted for Pre-Approval, whether or not otherwise required under Section 4.3;

(b) reject, remove, disable, take down, or refuse to display any Promotional Material, Product listing, or related content;

(c) withhold, suspend, deduct from, or forfeit any Supplier Payments, affiliate commissions, or other amounts otherwise due to the Supplier or the Affiliate;

(d) suspend or terminate the Supplier’s or the Affiliate’s account and access to the Services, in whole or in part;

(e) notify affected platforms, card networks, acquirers, payment processors, or competent regulatory authorities of the violation;

(f) pursue legal action and seek damages, injunctive relief, indemnification, and any other remedy available at law or in equity; and

(g) take any other action available to Cartpanda under the Terms, this Policy, or applicable law. 

15.2. WITHHOLDING AND FORFEITURE 

Without limiting the foregoing, Cartpanda may withhold or forfeit Supplier Payments in accordance with Section 9 of the Terms in connection with any violation of this Policy, and may withhold Supplier Payments for any additional period reasonably necessary to account for potential or anticipated indemnification obligations arising from such violations. 

15.3. INDEMNIFICATION 

The Supplier shall defend, indemnify, and hold harmless Cartpanda, its affiliates, and their respective officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, actions, proceedings, investigations, losses, damages, liabilities, penalties, fines, assessments, costs, and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to: (a) any actual or alleged violation of this Policy or applicable law by the Supplier or any Marketing Agent acting on its behalf; (b) any actual or alleged violation of any third party’s rights (including intellectual property, publicity, privacy, and rights against false endorsement) in connection with any Promotional Material; (c) any claim arising out of any Endorsement, Synthetic Media, AI-Generated Content, or Deepfake used in any Promotional Material; (d) any data-protection violation in connection with marketing activities; (e) any card network or acquirer assessment, fine, penalty, or fee assessed against Cartpanda in connection with the Supplier’s Promotional Materials or marketing activities; and (f) any regulatory enforcement action, civil investigative demand, subpoena, arbitration demand, or other governmental or regulatory proceeding arising out of or relating to the Supplier’s Promotional Materials or marketing activities. These rights are in addition to, and do not limit, any other right or remedy available to Cartpanda under the Terms, this Policy, or applicable law. 

15.4. SURVIVAL 

The obligations of the Supplier under Sections 4.4 (Recordkeeping and Substantiation), 7 (Synthetic, AI-Generated, and Deepfake Content), 14 (Reporting, Investigation, and Cooperation), and 15 (Enforcement, Penalties, and Indemnification), and any other obligation that by its nature should survive, shall survive the termination or expiration of the Supplier’s account or of the Terms. 

16. POLICY UPDATES AND ACCEPTANCE 

Cartpanda may at any time, in its sole discretion, add to, remove from, or modify this Policy. The most current version will be available at https://cartpanda.com. Where a modification is material, Cartpanda will use reasonable efforts to notify Suppliers through the dashboard, by email, or through other available means. Continued use of the Services after any modification constitutes acceptance of the Policy as modified. 

17. GOVERNING LAW AND MISCELLANEOUS 

This Policy is governed by, and construed in accordance with, the governing-law and forum-selection provisions of the Terms. If any provision is held invalid, illegal, or unenforceable, the remaining provisions remain in effect, and this Policy shall be construed as if the offending provision had never been contained herein. No failure or delay by Cartpanda in exercising any right operates as a waiver, and no single or partial exercise precludes any other or further exercise of that or any other right. This Policy, together with the Terms, the Online Prohibited List, Cartpanda’s Privacy Policy, and any other policy incorporated by reference into the Terms, constitutes the entire understanding between Cartpanda and the Supplier on this subject and supersedes any prior or contemporaneous understanding or agreement. 

18. CONTACT INFORMATION 

Questions, notices, requests, and other communications concerning this Policy may be directed to Cartpanda Inc., 555 Republic Dr, Plano, Texas, 75074, or to: 

(a) general questions: support@cartpanda.com;

(b) reports of suspected violations of this Policy: report@cartpanda.com; and

(c) data protection questions and Data Subject rights requests: dpo@cartpanda.com. 

19. VERSION HISTORY