Last Updated: June 12, 2026
- OVERVIEW AND ACCEPTANCE
These Faire Promoted Listings Program Terms and Conditions (“Promoted Listings Program Terms or “Terms”) govern Faire’s Promoted Listings Program (the “Program”). “Faire”, “our”, “us”, and “we” refer to Faire Wholesale, Inc. “Advertiser,” “you” or “your” refers to the Brand that accepts these Terms. These Terms constitute a binding legal agreement between Advertiser and Faire. Participation in the Program is conditioned upon your acceptance of these Terms in their entirety. By participating in the Program, including by running Promoted Listings, you accept and agree to these Terms in their entirety, and you represent and warrant that the individual who accepts these Terms on behalf of Advertiser has the power, authority and legal right to do so.
The Program is subject to these Promoted Listings Program Terms and our Terms of Service and Brand Terms of Service, which are incorporated herein by reference. Any capitalized terms used in these Terms but not otherwise defined here shall have the meaning given to them in the Terms of Service or Brand Terms of Service. In the event of any conflict between these Promoted Listings Terms and the Terms of Service or Brand Terms of Service, these Terms shall control. All information provided by Advertiser in connection with the Program is subject to Faire’s Privacy Policy.
THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE INDIVIDUAL DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (AS APPLICABLE IN YOUR JURISDICTION), AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU SHOULD THERE BE A DISPUTE. YOUR ACCEPTANCE OF THESE TERMS INDICATES YOUR EXPRESS ACKNOWLEDGEMENT AND AGREEMENT THAT YOU HAVE READ AND UNDERSTAND HOW THE ARBITRATION PROVISION SET FORTH IN SECTION 16 BELOW WORKS.
- MODIFICATION
We reserve the right to modify the Program or any feature of the program or to modify these Terms. If we modify these Terms, we will post the modification on the Services and/or provide you with reasonable advanced notice of the modification. By continuing to participate in the Program after such modification has been posted or otherwise provided, Advertiser agrees to be bound by the modified Terms. When posting the modification on the Services and/or providing you with reasonable advance notice, we will inform you that continued participation in the Program will be deemed acceptance of the modified Terms. If the modified Terms are not acceptable to Advertiser, Advertiser’s only recourse is to suspend participation in the Program in accordance with Section 8 below.
The Program may not be available to all Brands. If at any time, Advertiser becomes ineligible to participate in the Program, Faire may terminate or suspend Advertiser’s participation in the Program.
- KEY DEFINITIONS
“Ad” means any listings or any display advertisement provided by Advertiser to Faire.
“Advertising Materials” means Member Content, including product listings, artwork, copy, other Content, or active URLs for Ads which are display advertisements.
“Affiliate” means, as to an entity, any other entity directly or indirectly controlling, controlled by, or under common control with, such entity.
“Confidential Information” means any and all information, in whatever form, whether written, electronically stored, orally transmitted or memorialized, concerning Faire or its Affiliates that is disclosed or otherwise provided by or on behalf of Faire to Advertiser or any of its Representatives that is not known generally to the public or in the industry. For the avoidance of doubt, all Performance Data and Site Data constitutes Faire’s Confidential Information.
“Performance Data” means data gathered during delivery of an Ad (e.g., number of impressions or other interactions, purchase information). Performance Data does not include any Site Data.
“Policies” means any advertising criteria, specifications, or other policies made available by Faire, which are incorporated into these Terms by reference, as such policies may be reasonably modified from time to time.
“Promoted Listings” means the display of Advertiser’s name and/or Advertising Materials in a prominent or featured position on the Properties. For clarity, "Promoted Listings" includes Promoted Category Listings and Promoted Search Results.
"Promoted Search Results" means the display of Advertiser's name and/or Advertising Materials in a prominent or featured position in search results after a user enters relevant search terms on the Properties.
“Properties” means the areas (e.g., pages or sub-pages) of the Services or communications distributed by Faire (e.g., email communications) where Ads will be displayed.
“Representative” means, as to an entity and/or its Affiliate(s), any parent, subsidiaries, Affiliates, partners, successors, and assigns, and each of their owners, members, officers, directors, employees, agents, representatives, contractors, subcontractors, licensors, service providers, third party content providers, and/or attorneys or advisors.
“Returning Customer Ads” means Ads directed to users who have previously purchased products from Advertiser through the Services (such users, “Returning Customers”).
“Site Data” means data that is (a) gathered during delivery of an Ad that identifies or allows identification of Faire, the Properties, or the brand featured in the Ad; or (b) entered by or collected from users on any Properties.
“Trademark” means any trade name, trademark, logo or other indicia of origin.
- BRAND PORTAL
You can manage certain aspects of your participation in the Program through the Brand Portal, including setting and modifying your advertising budget (“Budget”), tracking Ad performance, and viewing invoices. Advertiser will be able to manage Ads through the Promoted Listings Feature Page as described below.
- AD PLACEMENT
As part of the Program and in accordance to these terms:
(a) Advertiser and/or Advertiser’s products may be featured as Promoted Listings on the Properties; and/
(b) Advertiser and/or Advertiser's products may otherwise be displayed in Ads or Advertising Materials on the Properties, in each case subject to and in accordance with these Terms.
Advertiser may have the option to select products to not promote (“Non-Promoted Product”). Faire may select the Ads or Advertising Materials to display from Advertiser’s Member Content, determine the categories and/or keywords with which Advertiser’s Ads or Advertising Materials are associated, and select the users to whom Advertiser’s Ads or Advertising Materials are displayed, in each case in Faire’s sole discretion; (provided that Faire will not display Ads or Advertising Materials with respect to Non Promoted Products).
Advertiser may have the option to select products to not promote by toggling the advertising setting “on” or “oh” with respect to each product via the individual product settings pages in the Brand Account. Any products that Advertiser has elected not to promote in accordance with the foregoing shall be deemed “Non-Promoted Products.” Faire will then select the Ads or Advertising Materials to display from Advertiser’s Member Content, determine the categories and/or keywords with which Advertiser’s Ads or Advertising Materials are associated, and select the users to whom Advertiser’s Ads or Advertising Materials are displayed, in each case in Faire’s sole discretion (provided that Faire will not display Ads or Advertising Materials with respect to Non Promoted Products).
All Ads and Advertising Materials are subject to Faire’s approval, and Faire is under no obligation to publish or display, and may suspend, any Ad or Advertising Material that does not comply with the Policies, as determined in Faire’s sole discretion. Faire may reasonably edit or modify Advertiser’s Ads or Advertising Materials, including, but not limited to, resizing the Ad or Advertising Materials, without Advertiser’s approval.
Without limiting the foregoing, Faire may refuse to publish or suspend publication of any Ads or Advertising Materials in Faire’s sole discretion.
- AD TRACKING AND DATA REPORTING
Faire may track delivery of Ads through Faire’s internal ad server. As between the parties, Faire exclusively owns all rights in and to Performance Data and Site Data. Advertiser may not, through any means (manual, technological, or otherwise), collect or use any Site Data. Faire may, make available to Advertiser reports of Performance Data. Any sales figures displayed via the Promoted Listings Feature Page are amounts received before deductions for commissions, fees, or other charges.
- DELIVERY; PAYMENT AND PAYMENT LIABILITY
Faire reserves the right to adjust the advertising schedule and delivery allocation. For instance, Faire may not deliver Ads daily, and instead allocate a larger portion of the Advertiser's Budget on specific days, such as business days, when site traffic is anticipated to be higher. Notwithstanding this practice, Faire does not guarantee any specific advertising results or customer acquisition. Furthermore, Faire maintains the discretion to revert to daily advertising or adopt any other advertising schedule it deems advisable. Faire does not guarantee any minimum number of impressions, clicks, conversions or other outcomes.
Read here to learn more about how the Budget works.
Payment Terms. Advertiser agrees to pay Faire for any amounts owed under the Program in accordance with these Terms. For each calendar month that Advertiser’s Ads are displayed on the Properties, Faire will (a) automatically charge the Payment Method saved in Advertiser’s Brand Account during the following calendar month or (b) issue an invoice to Advertiser for Advertiser to make payment via an alternative method made available by Faire. If more than one Payment Method is saved in Advertiser’s Brand Account, Faire will charge the Payment Method designated as Advertiser’s “default” Payment Method. Regardless of the Payment Method, an invoice will be made available to Advertiser through the relevant section(s) on the Promoted Listings Feature Page; provided that, if payment will be made by a payment card, the invoice may not become available until after Advertiser’s card has been charged. If Faire issues an invoice for Advertiser to make payment via an alternative method made available by Faire, Advertiser will remit payment on or before the due date set forth on the applicable invoice. If Advertiser chooses an ACH or SEPA as the Payment Method, Advertiser authorizes Faire to charge such Payment Method on a monthly basis up to the total amount accrued during the applicable calendar month based on the Budget(s) in effect during that period.
Set-Off Right. If Advertiser fails to remit payment of invoiced amounts when due as set forth in the preceding paragraph, or if Faire is otherwise unable to charge Advertiser’s Payment Method for any reason, Faire may exercise all rights and remedies available at law or in equity. In addition, Faire may, with or without prior notice or invoice to Advertiser, set off any amounts due but unpaid by Advertiser against any amounts or credits owed or payable by Faire or its Affiliates to Advertiser or its Affiliates, including under any Related Agreement (as defined in Section 8 below)
Taxes. The Budget set by Advertiser shall be exclusive of sales and use tax and other transaction taxes, including GST, HST, QST, PST, VAT, or other similar applicable taxes, unless otherwise indicated. Such taxes shall be added to Faire’s fees for services where required by law. Advertiser agrees that it is solely responsible for any and all sales and use taxes or any other transaction taxes, including GST, HST, QST, PST, VAT or other similar taxes arising from Advertiser’s participation in the Program and remittance of such taxes to Faire. Advertiser will indemnify and hold harmless Faire for any such taxes (and applicable interest, penalties, legal fees and costs) and will reimburse Faire for any such liabilities incurred in connection with transactions contemplated by these Terms to the extent Advertiser fails to pay and remit such taxes to Faire.
Late Payment. Interest may, in Faire’s sole and absolute discretion, be charged at a rate of five percent (5%) per month or the maximum rate permitted by applicable law (if less) on past due balances, whether or not an invoice or other notice has been provided to Advertiser. In addition, Advertiser shall reimburse Faire for all costs incurred in collecting any overdue payments and related interest, including, without limitation, attorneys’ fees, legal costs, court costs, and collection agency fees. Faire may require Advertiser to make advance payments for Ads upon written notice to Advertiser if Advertiser fails to timely remit payment in accordance with these Terms.
- TERM; SUSPENSION AND TERMINATION
Term. These terms shall continue in effect until terminated as set forth in these Terms.
Termination or Suspension by Advertiser. Advertiser may choose to stop participating in the Program at any time through advertising settings, which will become effective within 24 hours thereafter. If Advertiser’s participation in the Program stops: (i) Faire shall have no obligation to publish any of Advertiser’s Ads thereafter, and (ii) Advertiser shall remain liable for any amount due to Faire hereunder. Suspension of participation in the Program does not result in termination of these Terms and the current version of these Terms will remain in effect and binding upon Advertiser.
Termination or Suspension by Faire. Without limiting any of Faire’s other rights or remedies hereunder or under applicable law, Faire may terminate these Terms and/or Advertiser’s participation in the Program at any time in Faire’s discretion. Faire may exercise this termination right for any reason, including for example, if Advertiser breaches these Terms (or the Terms of Service or Brand Terms of Service). Further, if Advertiser breaches these Terms (or the Terms of Service or Brand Terms of Service) in addition to its other remedies, Faire may suspend Advertiser’s participation in the Program (in full or in part) or refuse to publish any or all of Advertiser’s Ads.
Cross-Termination. If (a) Faire (i) terminates the Terms of Service or Brand Terms of Service, (ii) revokes Advertiser’s access to and use of the Services, or (iii) permanently terminates Advertiser’s Brand Account; or (b) Advertiser cancels Advertiser’s Brand Account, in each case of (a) and (b), in accordance with Section 18 of the Terms of Service or Brand Terms of Service, respectively, these Terms will automatically terminate, subject to any surviving provisions hereof, including any surviving payment obligations (if any).
Effects of Termination. In the event of any termination of these Terms: (a) Faire shall have no obligation to publish any of Advertiser’s Ads, and (b) Advertiser shall remain liable for any amount due to Faire hereunder (if any), and such obligation to pay shall survive any termination of these Terms. The following sections of these Terms shall also survive any termination of these Terms: 1, 2, 3, 7-16.
Cross-Default. A breach by Advertiser under these Terms shall also constitute a breach by Advertiser under (a) the Faire Terms of Service and Brand Terms of Service and/or (b) any other agreement(s) between Advertiser and Faire or Faire’s Affiliates (each of (a) and (b), a “Related Agreement”), and any breach by Advertiser under any Related Agreement shall constitute a breach by Advertiser under these Terms, entitling Faire to exercise all rights and remedies available to it hereunder or under any Related Agreement, as applicable.
- TRADEMARK USAGE; IP
Advertiser hereby grants to Faire a limited, worldwide, royalty-free, non-exclusive, transferable and sublicensable license to use and display Advertiser’s Trademarks (a) as determined by Faire in its reasonable discretion for purposes of promoting the Program; and (b) in Ads and Advertising Materials on the Properties, to the extent necessary to perform its obligations hereunder. All goodwill arising from such use of Advertiser’s Trademarks will inure solely to the benefit of Advertiser. Advertiser hereby grants to Faire a limited, worldwide, royalty-free, non-exclusive, transferable and sublicensable license to, directly or indirectly, reproduce, publish, and distribute each Ad, including all of Advertiser’s Advertising Materials and all intellectual property rights contained therein, on the Properties to the extent necessary to perform its obligationsin accordance with these Terms.
- REPRESENTATIONS AND WARRANTIES
Advertiser represents and warrants to Faire that the Ads and Advertising Materials shall (a) comply with these Terms, including all applicable Policies; (b) comply with all applicable federal, state and local laws, rules and regulations and any judicial or administrative order and self-regulatory guidelines and rules, including, for the avoidance of doubt, the Self-Regulatory Principles for Online Behavioral Advertising and any other rules of the Digital Advertising Alliance of the United States or Canada, as may be amended from time to time; (c) be complete, correct and current; (d) not infringe the intellectual property rights of any third party or otherwise violate the personal or proprietary rights (including, but not limited to, any copyright, patent, trademark, service mark, privacy and publicity rights) of, and is not harmful to, any person, corporation or other entity; and (e) not cause the download or delivery of any software application, executable code, virus, malware, spyware, or malicious, social engineering (e.g., phishing) code or features or other harmful code.
- INDEMNIFICATION
Advertiser agrees to defend, indemnify, and hold Faire, and its Representatives, harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) due to or arising out of (a) Advertiser’s participation in the Program; (b) Advertiser's or its Representatives’ actual or alleged violation of these Terms, the rights of any third party, or any Policies; (c) the content or subject matter of any Ad or Advertising Materials to the extent used by Faire in accordance with these Terms; (d) any actual or alleged violation of applicable rules or regulations, or any judicial or administrative order or self-regulatory guidelines and rules; (e) the advertising, marketing, sale, offer for sale, purchase, distribution, importation, exportation, use, or disposal of any products and/or services promoted, sold, presented or contained in Advertiser’s Ads; or (f) any use, display, performance or transmission of Advertiser’s Trademarks, Advertising Materials, or Ads.
- DISCLAIMERS
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREUNDER FAIRE AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NONINFRINGEMENT, ACCURACY, AVAILABILITY, UPTIME, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE IN CONNECTION WITH THE PROGRAM, AND WARRANTIES WITH RESPECT TO THE USE, DISPLAY, PERFORMANCE OR TRANSMISSION OF ADS OR ADVERTISING MATERIALS ON THE PROPERTIES.
Without limiting the generality of the foregoing and to the fullest extent permissible by law, Faire disclaims all warranties and guarantees with respect to the Properties and the Program, including warranties or guarantees relating to: (a) the positioning or placement of Ads on the Properties; (b) advertising results, including viewability, quantity, or quality of visits, impressions, click-through rates, or circulation of Ads on the Properties, or customer acquisition; (c) the accuracy of Performance Data reported by Faire to Advertiser (including, but not limited to, audience demographic data, audience size/reach data, etc.); (d) data security; (e) the availability, uptime and delivery of Ads on the Properties; and (f) the prevention of end users’ uses or engagement of ad blocking technology. Advertiser acknowledges and agrees that it shall not be entitled to any refund or credit relating to any of the foregoing (a)-(f), or otherwise based upon the users to whom Faire has displayed Advertiser’s Ads or Advertising Materials. Advertiser acknowledges that third parties other than Faire may generate automated, fraudulent or otherwise invalid/improper impressions, conversions, inquiries, clicks or other actions on Advertiser’s advertisements displayed on the Properties. As between Advertiser and Faire, Advertiser accepts the risk of any such improper actions. Advertiser acknowledges that Ads Published on the Properties may be viewed by end users located within or outside of Canada or the United States.
- LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL FAIRE, ITS AFFILIATES, OR ANY OF ITS OR THEIR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF GOODWILL, OR LOSS OF DATA) ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROGRAM. ADDITIONALLY, FAIRE’S TOTAL AGGREGATE LIABILITY TO ADVERTISER AND ITS REPRESENTATIVES WILL NOT EXCEED THE GREATER OF (A) THE AGGREGATE OF AMOUNTS PAID OR PAYABLE TO FAIRE BY ADVERTISER WITH RESPECT TO ADVERTISER’S PARTICIPATION IN THE PROGRAM FOR THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM AND (B) $500. EACH OF THE FOREGOING LIMITATIONS AND DISCLAIMERS OF LIABILITY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW AND SHALL NOT APPLY TO CLAIMS ARISING FROM FAIRE’S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE.
- CONFIDENTIALITY
Advertiser shall (a) protect Confidential Information in the same manner that it protects its own information of a similar nature, but in no event with less than reasonable care; (b) not disclose Confidential Information to anyone except a Representative of Advertiser who has a need to know, and who is bound by confidentiality obligations at least as protective as are those obligations set forth in this section; and (c) not use Confidential Information other than as necessary to perform its obligations or exercise its rights under these Terms.
- MISCELLANEOUS
Communications. By agreeing to these Terms, you agree to transact electronically and receive electronic communications in relation to the Program via email or via the Advertiser’s Brand Account. You understand and agree that all communications provided to you electronically shall be deemed to be provided to you “in writing”. You may print or download any electronic communications, including these Terms, for your records.
Force Majeure. Except for Advertiser’s payment obligations (if any), neither party will be liable for delay or default in the performance of its respective obligations under these Terms if such delay or default is caused by conditions beyond its reasonable control.
Relationship of the Parties. Nothing contained in these Terms shall be construed as creating any partnership, joint venture or other form of joint enterprise, employment or fiduciary relationship between the Parties.
Language. If you are entering into these Terms from a place of business located in the province of Québec, you agree to be bound exclusively by the English version of these Terms and to have all related documents be drawn up exclusively in English. Si vous concluez ces Conditions à partir d'un établissement situé dans la province de Québec, vous acceptez d'être lié exclusivement par la version anglaise des présentes Conditions et que tous les documents qui s’y rattachent soient rédigés exclusivement en anglais.
- DISPUTE RESOLUTION – ARBITRATION
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS.
Disputes. You and Faire agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or your participation in the Program (collectively, “Disputes”) will be settled by binding arbitration, except that each Party retains the right to: (a) bring an individual action in small claims court; (b) the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a Party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; (c) pursue an enforcement action through the applicable federal, state or local agency if that action is available; and (d) seek injunctive relief in a court of law in aid of arbitration. YOU ACKNOWLEDGE AND AGREE THAT YOU AND FAIRE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Faire otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Procedure. Any arbitration proceedings with respect to a Dispute arising out of or relating to these Terms shall be in accordance with the DISPUTE RESOLUTION – ARBITRATION provision set forth in the Terms of Service, which shall apply to these Terms (and the transactions contemplated hereunder) to the same extent as if such terms were set forth herein in their entirety.
Changes. Notwithstanding the provisions of Section 2 above, if Faire changes this “Dispute Resolution” section after the date you first Accept these Terms (or accept any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by contacting us) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Faire’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Faire in accordance with the arbitration provisions of this “Dispute Resolution” section (however entitled) as of the date you first Accept these Terms or accept any subsequent changes to these Terms.