Service Agreement for Registered Suppliers of DHgate.com

Welcome to register as a DHgate.com seller!

I. Content of this Service Agreement

This Service Agreement is entered into by and between Century Fuxuan Science & Technology Development (Beijing) Co. Ltd., the owner of DHgate.com, Jiahe Holdings Limited, provider of technical services for DHgate.com, and registered suppliers that wish to open stores and operate as third-party operators on DHgate.com (hereinafter referred to as “DHgate.com Registered Supplier” or “Supplier” or “Seller”) with contractual effect. The terms and conditions set forth in this Service Agreement apply to the various tools and services used by DHgate.com Registered Supplier.

Once you are registered as Supplier per the procedures of DHgate.com, You agree and sign this service agreement as a DHgate.com Registered Supplier or an agent DHgate.com Registered Supplier, regardless of whether you have carefully read it.This Agreement does not apply to legal relationships and disputes arising from your online transactions with DHgate.com Registered supplier you represent and other users of DHgate.com.

You are requested to carefully read the entire service agreement and send any inquiry to DHgate.com.

The content of this Service Agreement includes the main body and various provisions that DHgate.com has published or will publish in future. All the public provisions form an integral part of this Agreement and have the same legal force as the main body. The rights and obligations under all kinds of rules shall be performed by Century Fuxuan Science & Technology Development (Beijing) Co. Ltd. or Jiahe Holdings Limited. DHgate.com is entitled to formulate and modify this Agreement and various provisions according to its needs from time to time. In case of revision, DHgate.com will publish a notice on the website to inform suppliers. If Registered Supplier does not agree with the revision, they must stop using the service immediately. The revised agreement will take effect immediately upon publication on DHgate.com. All the provisions will form a part of this Agreement upon release. When Supplier log in or continue to use the service, they are deemed accepting the revised agreement. Unless otherwise specified, all new contents expanding the service scope or enhancing the website’s functions are subject to the regulation of this Agreement.

II. Definitions and qualifications for registration as suppliers at DHgate.com

Definition: Supplier registration at DHgate.com

Supplier registration refers to the process of registration by legal entities with business qualifications to log onto DHgate.com, filling in relevant forms upon agreeing with the terms and conditions of this Agreement in order to become Registered Supplier of DHgate.com (see “Help” on the suppliers’ page of DHgate.com for the registration procedures.)

Qualifications of Registered Supplier of DHgate.com

Registered suppliers must be entities or individuals eligible for business operation. Operators completing the registration process and conducting transactions in the name of Supplier on DHgate.com must be persons of full civil capacity legally authorized by Supplier.

If Registered Supplier is eligible for business operation, or the operator completing the registration procedures or conducting business in the name of the Supplier does not comply with the above requirements, the agreements with DHgate.com are invalid. DHgate.com is entitled to de-register the above suppliers immediately, and seek compensation for losses and legal liabilities arising from their use of the service of DHgate.com.

After completing registration, identity authentication, company information submission and payment of technical service fee at DHgate.com, Supplier will be able to list commodities and run business on the website.

As a condition to obtaining Services under the Agreement, User represents and warrants that it (including the company on whose behalf it is using this Platform) is not:

(a) ordinarily resident, located, organized, established or domiciled in Cuba, Iran, North Korea, Syria, or the Crimea region (including Sevastopol);

(b) designated on any list of restricted parties maintained by the United Nations Security Council, the U.S. Government (including the Specially Designated Nationals list, Foreign Sanctions Evaders list and the Sectoral Sanctions Identification list maintained by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”), or the U.S. Department of Commerce’s Bureau of Industry and Security (“BIS”)’s Entity List, Denied Persons List, or Unverified List);

(c) any agency, instrumentality or otherwise a part of the government of any of the following countries/territories: Venezuela, Cuba, Iran, North Korea, Syria, or the Crimea region (including Sevastopol);

(d) owned (at 50% or greater level) or controlled, directly or indirectly, by, or acting on behalf of, any individual, entity or the government that is described under (a) through (c) of this section; and

(e) using, and will not use, DHGate’s platform to sell any products originating from, or to procure products that are ultimately destined for, Cuba, Iran, North Korea, Syria or the Crimea region (including Sevastopol).

User represents and warrants that, in using Services under the Agreement, it will comply with all applicable export control, import, and sanctions laws and regulations, including the Export Administration Regulations (“EAR”) administered by BIS, and laws, regulations and executive orders administered by OFAC.

III. Technical Service Fee and Commission of DHgate.com

Technical service fee

Supplier registered on DHgate.com need to pay a technical service fee according to the following provisions.

1) You shall make payment after registration as Supplier of DHgate.com, otherwise you will not be able to list commodities (refer to “Help” on the suppliers’ page for details).

2) DHgate.com is entitled to adjust the technical service fee, and inform You of the adjusted amount by notice, email or other written forms. If You fail to make the additional payment within 14 days of receiving the notice, DHgate.com has the right to notify You of the termination of the service or this Agreement.

3) If Supplier quit the platform or is dismissed due to violation of Chinese laws and regulations, this Agreement or policies of DHgate.com, or for falsehood of statement, guarantee, qualification or certificates, DHgate.com is entitled to withhold the entire technical service fee that has been paid.

Commission

1) DHgate.com charges a commission for online transactions based on the rates published on the website (see “Help” on the suppliers’ page for the detailed rates).

2) DHgate.com is not obliged to return the commission to the Supplier even if no transaction is made by the supplier and buyer (hereinafter referred to as “Purchaser” or “Buyer”).

3) DHgate.com reserves the right to increase, cancel or change any commission after a reasonable period of notification based on its business condition.

IV. Rights and Obligations of Registered Supplier

Registered Supplier shall provide authentic information for registration, guarantee the validity and security of email address, phone number, contact address and postcode, and make sure that DHgate.com can contact with them through the above contact methods. Registered Supplier shall update their information in case of change. Supplier shall not use others’ information to get registered or verified on DHgate.com.

Registration information of Supplier on DHgate.com (“Registration Information”) include all information they provide to DHgate.com or other users by public disclosure or email during registration, transaction or listing of commodities, including but not limited to materials, data, texts, software, music, audio, photos, pictures, images, sentences or other documents provided as per clause 3.1 herein. Registered Supplier of DHgate.com shall make sure their registration information does not infringe upon any third party’s intellectual property rights or other legitimate rights and interests, or violate any laws, regulations or rules. Registered Supplier is fully responsible for their registration information. DHgate.com serves only as a passive channel for online publication of registration information. If DHgate.com considers that any registration information might cause DHgate.com to bear any legal or moral responsibilities, or lose all or part of the service of the Internet service provider or other suppliers, or You have not logged in or re-logged in the website within a specified period, DHgate.com reserves the right to take all necessary and appropriate actions on the registration information, including but not limited to deleting the registration information. Supplier shall guarantee and confirm they own all rights to their registration information submitted to DHgate.com, including all copyrights. DHgate.com is not obliged to determine or decide on registration information that needs to be protected and is not liable for use of registration information by other users entitled to the service.Registered Supplier is entitled to set their user names and passwords, and log in DHgate.com any time with their own user names and passwords. Registered Supplier shall not disclose, transfer or allow other parties to use their user names and passwords at DHgate.com; otherwise they shall bear all responsibilities for the consequences of the breach.

Registered Supplier is entitled to upload commodity information and update commodities and suppliers’ information on DHgate.com wholesale platform according to this Agreement and provisions of DHgate.com in order to ensure accuracy of log-in information, conduct online sales, enter into sales contracts with Purchaser, evaluate the credibility of Purchaser, participate in activities of DHgate.com and use other services of DHgate.com.

It should be noted that all suppliers’ quotations imported into DHgate.com contain a commission and a bank charge of transaction (see “Help” on the suppliers’ page for the specific rates) Registered Supplier is obliged to maintain and update price information in a timely manner based on actual situations. Supplier are responsible for failed transactions or losses of other parties due to erroneous commodity information or late update of commodities.

DHgate.com is an online wholesale platform providing transaction services for Registered Supplier. Supplier are responsible for paying all taxes and business operation fees for conducting transactions, obtaining paid service and using DHgate.com server.

Registered Supplier of DHgate.com shall observe the principle of honesty and fair competition, and shall not conduct transactions that are false, violate public orders and good morals or damage fairness and integrity of the market environment, including but not limited to accurately describing the commodity and transaction, not listing or selling fake or smuggled products or any commodities that violate a third party’s intellectual property or legitimate rights, not listing or selling defective products, not selling forbidden or restricted products, not buying or selling goods that would cause DHgate.com to violate any law, regulation or provisions, not buying or selling goods that infringe upon the intellectual property or other legitimate rights and interests of other parties, not buying or selling goods that damage public interest or morals, or considered by DHgate.com as inappropriate for sale on the platform, and not directing the Purchaser by implicit or explicit means to conduct transactions with the Supplier through channels other than the platform.

If Registered Supplier discovers any violation of law or this Agreement by other suppliers, they may notify DHgate.com of such violation. In the case of disputes between Supplier and Purchaser during the transaction, if the Purchaser requests DHgate.com to mediate, the Parties shall allow DHgate.com to inspect their communication records and accept the decision of DHgate.com In case of a lawsuit between Registered Supplier and other suppliers or Purchaser, any party in the lawsuit is entitled to request DHgate.com to provide relevant information through the judicial department.

Registered Supplier shall obey the principle of honesty during their transactions at DHgate.com, and shall not engage in conducts of unfair competition, disturb normal order of online transactions, or conduct activities irrelevant to online transactions. Registered Supplier shall not rate Purchaser or other suppliers maliciously, employ illegitimate practices to improve their own credit ratings, or reduce the credit ratings of Purchaser or other suppliers.

Registered Supplier promise that all the actions they take during the use of DHgate.com comply with national laws and regulations, provisions of DHgate.com and public interests and morals. Registered Supplier bears all responsibilities for any legal consequences of their actions.

Registered Supplier shall not use information and materials of DHgate.com for business purposes, including but not limited to reproducing or propagating any information displayed on DHgate.com without written approval of DHgate.com.Registered Supplier agrees to receive messages from DHgate.com.

Registered Supplier shall maintain timely communication with DHgate.com, ensure proper delivery of goods and maintain shipping records so that sufficient evidence can be provided when a payment is withdrawn by Paypal, in which case DHgate.com will provide coordination for the supplier.

Registered Supplier agrees to compensate DHgate.com for all losses, claims or administrative penalty due to their breach of relevant laws or this Agreement or infringement of a third party’s rights.

V. Supply, After-sales Service and Third-party Guarantee of Registered Supplier

During the cooperation period, the Supplier shall supply goods for the Purchaser based on the order placed on DHgate.com, including the time, location, quantity, configuration, quality and price of supply. The Supplier is responsible for the safety and legitimacy of the commodities, including mandatory certification and intellectual property rights.

DHgate.com forbids sales and demonstration of commodities that infringe intellectual property rights. DHgate.com promises to protect intellectual property rights and cooperates with law enforcement departments to manage commodities uploaded and displayed by suppliers.

Offline transactions and transactions without sales by detouring DHgate.com form a significant breach, including but not limited to: leaving contact information on the commodity description page or commodity picture, revealing contact information in replies, leaving or inquiring about contact information in messages to Purchasers, and leaving contact information while shipping the product.

DHgate.com may take the following actions based on the severity of the breach:

1) Warn the supplier;

2) Remove the breaching commodity from the website (deleting the non-conforming information);

3) Remove commodities not complying with DHgate.com policies;

4) Lower the credit rating of the Supplier on DHgate.com;

5) Suspend the supplier’s account on DHgate.com

6) Close the supplier’s account on DHgate.com

Supplier shall provide after-sales services based on the order information. Supplier shall bear the costs of after-sales services during the warranty period.

Registered Supplier shall prepare and deliver goods as per the order terms on a timely manner after receiving the payment notification of DHgate.com. After the Purchaser confirms the receipt of goods, DHgate.com will release the payment to the supplier. Registered Supplier is obliged to submit a payment application after confirming the proper delivery of goods with the shipping company. DHgate.com will release payment to the Supplier after verification. In the case of a trade dispute due to quality or quantity, the Supplier and Purchaser may solve the dispute by negotiation, arbitration or lawsuit. After resolution of dispute, DHgate.com will carry out the settlement based on the award, judgment or agreement between the parties.

VI. Rights and Obligations of DHgate.com

DHgate.com serves only as a platform for suppliers to display their commodities and conduct wholesale business. DHgate.com does not engage in business as Supplier or Purchaser. DHgate.com does not guarantee the authenticity, accuracy, legitimacy and validity of Purchaser and their information, or the parties’ capacity to fulfill their obligations under the trade agreement. Nevertheless, DHgate.com will take measures to monitor and evaluate Purchaser and publish the evaluation results. DHgate.com will remind suppliers to judge the Purchaser and their credibility by discretion.

DHgate.com shall ensure proper operation of the online transaction platform with existing technology, and use the best effort to improve the technology and guarantee smooth online transactions. However, DHgate.com is not liable for short-term network interruptions caused by data maintenance and update.

DHgate.com shall reply in a timely manner to questions and comments of suppliers related to transactions and registration during the use of DHgate.com.In the case of inappropriate or illegal actions or any situation where DHgate.com considers necessary to terminate the service, DHgate.com is entitled to delete relevant information, freeze accounts or terminate the service without consent of Registered Supplier.

Considering special characteristics of the online transaction platform, DHgate.com is not obliged to carry out prior review of the registration information, transactions and other matters related to transactions, but in the following cases:

1) DHgate.com is informed by Registered Supplier or a third party of a material problem in a specific supplier or transaction;

2) DHgate.com is informed by Registered Supplier or a third party of illegal or inappropriate actions on the platform, which DHgate.com also considers illegal or inappropriate from the perspective of a non-professional trader;

3) DHgate.com reserves the right to retain or delete relevant information, continue or terminate services for the supplier, and pursue legal responsibilities.

DHgate.com promises to protect intellectual property rights of third parties, and cooperate with intellectual property right holders to solve relevant problems.

DHgate.com has formulated certification plans for intellectual property right holders to help them report infringement by commodities on their rights.

Considering that infringing commodities damage the trust of Purchaser and honest suppliers, DHgate.com will take appropriate measures to remove such commodities.

As an electronic transaction platform, DHgate.com follows the principles below:

1) DHgate.com does not create, review, edit, inspect or examine log-in information of users.

2) DHgate.com does not transport, store or deliver commodities. Commodities will be directly transported from suppliers to Purchaser. Commodities are not owned or under the control of DHgate.com.

3) DHgate.com does not allow offline transactions or bear responsibilities for non-conforming transactions.

4) DHgate.com does not possess professional knowledge on the commodities, trademark rights, copyrights, patent rights, distribution rights and price systems of third-party intellectual property right holders.

DHgate.com is not involved in transactions. In the case of a dispute between Registered Supplier and another supplier or Purchaser, DHgate.com is exempt from all claims and damages of all natures (whether actual or consequential) related to or caused by the dispute.

If a transaction dispute arises between Registered Supplier and Purchaser, and the Purchaser requests DHgate.com to handle and mediate the dispute, DHgate.com is entitled to (but not obliged to) carry out mediate the dispute. DHgate.com is entitled to communicate with both parties in the dispute to learn of and inform each other of the actual situation. The mediation results of DHgate.com are not legally enforceable, and do not affect legal rights of Supplier and Purchaser. DHgate.com makes its own judgment based on its understanding of the dispute, but is not legally responsible for the mediation result, nor is it obliged to compensate any party for handling the dispute.

In the case of a lawsuit between Registered Supplier and another supplier or Purchaser due to transaction, DHgate.com shall actively cooperate with judicial or administrative authorities and provide relevant information according to legal procedures.

DHgate.com is entitled to review and assess registration information and transactions of suppliers; if any problem is discovered or suspected in the registration information or transactions, DHgate.com is entitled to send an inquiry or correction notice to the supplier, or delete relevant information.

If any illegal actions of the Registered Supplier are confirmed by effective legal documents or administrative sanction decision, or by sufficient facts and legal basis, DHgate.com has the right to report the illegal actions of the Registered Supplier on the website.

If Registered Supplier publishes the following information to avoid costs or speculate in credit, DHgate.com has the right to delete the information or take other restrictive measures without notifying Registered Supplier:

1) Information reasonably believed by DHgate.com to be malicious or false;

2) Information reasonably believed by DHgate.com to be irrelevant to online transactions or not intended for online transactions;

3) Information reasonably believed by DHgate.com to contain malicious pricing or any factors disrupting the normal transaction order;

4) Information reasonably believed by DHgate.com to violate public interests or possibly damage legitimate interests of DHgate.com, other suppliers or purchasers. 14. Right to use information

Registered Supplier hereby grant to DHgate.com the exclusive, universal, permanent and free right (and the sub-licensing right) to use, reproduce, revise, modify, publish, translate, distribute, execute and display all or part of information published by Registered Supplier on the website, create derivative works, and incorporate the above-mentioned information into other works in any forms, media and technologies currently known or to be developed in future.

Privacy policy

Private information includes but is not limited to this Agreement, any supplemental agreement and the Supplier’s private information (“Private Information”). Supplier’s private information includes but is not limited to business information, organization, personnel, business plans and arrangements, technical plans and other technical information. Without consent of the information source, the information obtaining party shall not disclose, propagate or display the private information in full or in part to any third party. The Parties to this Agreement shall still observe the confidentiality requirements hereunder within one year of the termination of this Agreement.

Despite the right to use information as specified in Article 14, DHgate.com will not sell or lend the suppliers’ private information to any party, or allow any third party to collect, edit, sell or distribute suppliers’ private information free of charge on DHgate.com; however, suppliers acknowledge that their registration information may be fully or partly disclosed in the following situations:

1) The Supplier agrees to disclose its private information to a third party, or has voluntarily disclosed its registration information on DHgate.com.

2) DHgate.com discloses the supplier’s private information according to administrative or judicial requirements.

Disclaimer

Registered Supplier understand and agree that DHgate.com is not responsible for damages caused in the following situations, including losses in the aspect of profit, goodwill, usage and data and other intangible losses:

1) Use or failure in the use of the service of DHgate.com;

2) A third party’s unauthorized access, or modification of your information or data;

3) A third party’s declaration or conduct related to the website’s service, or other matters related to the website, including negligence;

4) Complaint filed by Purchaser to the credit card organization or issuer regarding the fund in a transaction, in which case the credit card organization or issuer judges that the Purchaser should win the case or decline payment. In this case, the Supplier should actively cooperate with DHgate.com, and DHgate.com will communicate with the credit card organization or issuer based on the evidence provided by the supplier. Since DHgate.com does not control or determine the final result, DHgate.com is not liable for the consequential losses.

Transfer

Supplier confirms and agrees that DHgate.com is entitled to transfer this Agreement without the consent of the suppliers.

Supplier confirms and agrees that DHgate.com is entitled to deduct the suppliers’ debt to DHgate.com with capital of the suppliers in the control of DHgate.com (including technical service fee and retained payment of commodities).

VII. Suspense and Termination of Service

Registered Supplier agrees that when no service fee is charged, DHgate.com is entitled to terminate Registered Supplier’ passwords, accounts (or part of it) or use of the service, and delete (cease to store) the information submitted by Registered Supplier during use of the service at its discretion and for any reason (including but not limited to your violation of the literal meaning or connotation of this Agreement, your act in violation of the above, or failure to log-in the website within the past 90 days). Meanwhile, DHgate.com is entitled to terminate all or part of the service with or without notification. After termination of your account, DHgate.com is not obliged to retain any information within or related to your account, or forward any unread information to You or any third party. In addition, DHgate.com is not held liable to You or any third party for termination of the service.

If Registered Supplier request to cancel their accounts, DHgate.com will cancel the accounts after review. Upon cancellation, the agreement relationshipbetween Registered Supplier with DHgate.com will be terminated. However, DHgate.com still reserves the following rights even after cancellation of the supplier’s account:

1) DHgate.com reserves the right to retain Registered Supplier’ registration information and transaction records after cancellation of Registered Supplier’ accounts;

2) DHgate.com may exercise its rights under this Agreement if a Supplier is found committed any illegal actions or violated this Agreement before cancellation of its account.

In the following cases, DHgate.com is entitled to terminate the service by canceling Registered Supplier’ accounts.

1) DHgate.com is entitled to stop providing service for Registered Supplier if they violate this Agreement. DHgate.com will notify Registered Supplier when the service is suspended. If the suppliers get registered again in the name of others, DHgate.com is entitled to terminate the newly registered accounts.

2) If DHgate.com has found that the email address provided by the Supplier in registration does not exist or fails to receive emails, DHgate.com will notify the Supplier with other contact methods and request a change. If the Supplier fails to provide a new email address within three business days of the notification, DHgate.com is entitled to terminate service for the supplier.

3) If it is found that the main content of the supplier’s registration information is false, DHgate.com is entitled to terminate service for the supplier.

4) DHgate.com finds that the Supplier has left the contact information on the commodity description page or commodity picture, revealed contact information in replies, left or inquired about contact information in messages to Purchaser, or left contact information while shipping the product.

5) The Supplier has not confirmed the updated agreement when the agreement is terminated, supplemented or modified.

6) Other situations where DHgate.com considers necessary to terminate the service.

Handling of transactions before the suspension or termination of service

If the service is suspended or terminated due to the supplier’s violation of laws, regulations or this Agreement, the transactions taking place before the suspension or termination shall be handled in accordance with the following principles:

1) If the commodities uploaded to DHgate.com have not been sold, or relevant transactions have not been completed before the suspension or termination of service, DHgate.com is entitled to delete the commodity information;

2) If an order has been confirmed before suspension or termination of service, DHgate.com is entitled to delete relevant offers and refund the payment on behalf of the supplier.

3) If a trade agreement has been reached, but the goods have been shipped or delivered, DHgate.com is entitled to delete relevant offers and refund the payment to the Purchaser on behalf of the supplier. If the goods have been shipped and delivered, DHgate.com can retain and allow the completion of the transaction, including releasing the payment to the supplier, but DHgate.com is entitled to notify the Purchaser of the suspension or termination of service.

VIII. Use of DHgate.com

While using DHgate.com, You must not

1) Post the content or commodity in an improper category or at a unsuitable location on the website;

2) Violate any law, third party’s right or our policies (such as policies regarding the control of prohibited or restricted goods);

3) Use the website or service when You are unable to enter into a binding agreement, under 18 years old, or temporarily or permanently banned by the website;

4) Refuse to ship goods purchased by the buyer, unless the buyer violates the terms or the delivery address cannot be verified;

5) Manipulate the price of any commodity or interfere with other member’s log-in process;

6) Avoid or manipulate the charging system, payment program or payable fees;

7) Attempt to damage our website’s security system or functions with any means;

8) Post false, incorrect, misleading, defaming or slandering content (including personal information);

9) Take any actions that may damage the credit evaluation or rating system (e.g. display ratings outside of the website, import or export ratings or use ratings for purposes unrelated to DHgate.com);

10) Transfer your DHgate.com account (including credit ratings) and membership account to another party without the consent of DHgate.com;

11) Post or send junk emails, chain letters or pyramid scheme leaflets;

12) Spread computer viruses or any technologies that may harm the interests and property of DHgate.com or other users;

13) Reproduce, modify or distribute the website content or the copyright or trademark of DHgate.com;

14) Collect email addresses and other information of other users without their consent.

IX. Notification

Notices must be sent with email or other methods agreed by the Parties, and shall be deemed delivered 24 hours after dispatch. DHgate.com may also send registered mails that require receipt to the address provided by Registered Supplier in registration. In this case, the notice is deemed delivered three days on the deliver to the post office.

X. Force Majeure

DHgate.com is not responsible for any failure to fulfill this Agreement due to an unpredictable, unavoidable and insurmountable objective event. Such events include but are not limited to: earthquake, typhoon, flood, war, terrorist attack, riot, strike, national adjustment of industry policies, government behavior, network fault, network service provider’s causes and hacker’s attack.

XI. Governing Law and Resolution of Disputes

Execution, interpretation and performance of this Agreement and resolution of disputes hereunder will be carried out in accordance with the law of PRC.

Both Parties shall solve disputes by amicable negotiation. If negotiation fails, either party may refer the dispute to the CIETAC and solve it in accordance with arbitration rules in Beijing. The arbitration language is Chinese. The final award of arbitration is binding to both Parties.

During arbitration, both Parties shall continue to observe other parts of this Agreement uninvolved in the arbitration.

XII. Other Provisions

This Agreement replaces all written and oral agreements reached between the Registered Supplier and DHgate.com before the date hereof. If any provision of this Agreement is judged invalid or unenforceable, it will be canceled without effect on other provisions of this Agreement.

Titles of provisions are used for reference, and do not define, restrict, interpret or describe the scope or limit of any provisions.

Absence of any actions by DHgate.com against violations of Registered Supplier or any other parties does not waive DHgate.com’s right to take actions against subsequent or similar violations in future.

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