SELLER DISCREPANCY POLICY

All capitalized terms used in this Seller Discrepancy Policy shall have the same meanings given to them in the Terms of Service unless otherwise indicated herein. This Seller Discrepancy Policy shall be deemed an addendum to the Terms of Service and at all times the Terms of Service shall be binding upon the users of the Site and DOmedia’s Services.
 
As a Media Seller, it is your sole responsibility to monitor and update your Seller User Account for accuracy of information as you represent and warrant to DOmedia that your information is current, accurate and that you have the right to list or sell your Listed Media asset(s). As such, DOmedia treats all information posted as accurate until proven otherwise in accordance with this section of the Terms of Service. DOMEDIA FULLY DISCLAIMS ALL RESPONSIBILITY IN LAW AND EQUITY FOR THE INFORMATION PRESENTED BY MEDIA SELLERS, AS MEDIA SELLERS REPRESENT AND WARRANT THAT ALL INFORMATION PRESENTED BY THEM ON THE SITE IS ACCURATE. 
 

If You Find a Discrepancy

If you find a discrepancy in another Seller’s Media User Account pertaining to specific Listed Media asset(s) for which you have provable contractual rights to solely advertise or sell, IT IS YOUR RESPONSIBILITY AS THE MEDIA SELLER ACCUSING ANOTHER OF POSTING INCORRECT INFORMATION (the “Accusing Seller”) TO DO THE FOLLOWING IN GOOD FAITH:
  1. Send Notice in writing to DOmedia of the alleged discrepancy to: DOmedia, LLC, Attn: Seller Discrepancies, 274 Marconi Blvd., Suite 400, Columbus, Ohio 43215, USA. Such Notice MUST contain (at a minimum) the following:

    1. The specific Listed Media asset(s) to which you have an exclusive contract right to offer for sale to Media Buyers, including, at a minimum, the exact location and asset name and number (if any). Nonexclusive rights to list or sell Listed Media asset(s) will not be reviewed;
    2. Specify the Media Seller(s) who you are accusing of improperly listing the Listed Media asset(s) (the “Accused Seller”) to which you claim exclusive rights to list or sell;
    3. Proof of your exclusive right to list or sell the specific Listed Media asset(s) for which you have found the discrepancy (including, at a minimum, a fully executed contract (with personal billing information redacted) or letter of agreement specifying your exclusive rights to sell the Listed Media (all information provided to us will remain highly confidential and will be treated in accordance with our Privacy Policy);
    4. Your mailing address, telephone, fax and email address so that we may contact you if necessary; and
    5. A notarized statement by you made under the penalty of perjury, that the above information in your Notice is accurate and that you have exclusive rights to list or sell the Listed Media asset(s) set forth in the Notice or to act on their behalf.
       
  2. Before sending a Notice to DOmedia, you should confirm that you have the legal right to exclusively list or sell the Listed Media asset(s). Failure to include all the information requested herein may result in a delay or failure to review your claim. If your claim is found by DOmedia in its sole and reasonable discretion to be malicious or in bad faith, DOmedia reserves the right to indefinitely remove the Listed Media asset(s) Accusing Seller claimed exclusive rights to from Accusing Seller’s Media Profile and/or indefinitely suspend Accusing Seller from the Site.

UPON REVIEW

  1. If, upon review of all of the information set forth above provided by you, DOmedia reasonably determines in good faith that the Accusing Seller does in fact have exclusive rights to list or sell the Listed Media asset(s), DOmedia is committed to doing the following:
  2. Immediately removing the specific Listed Media asset(s) from the Accused Seller’s Media Seller User Account;
  3. Contact the Accused Seller citing the violation of the Terms of Service and the specific instance of improper and incorrect information provided by the Accused Seller;
  4. Inform the Accused Seller that they have 3 business days to review and properly update all Listed Media asset(s) to be in conformance with the Terms of Service; and
  5. DOmedia will send a confirmation to the Accusing Seller notifying them of the actions taken.
 
If, upon review of all of the information set forth above provided by you, DOmedia reasonably determines the Accusing Seller was incorrect in their accusation, no action will be taken against the Accused Seller and the Accusing Seller will be notified that no action was taken and a brief explanation as to why action by DOmedia is inappropriate.
 

UPON SECOND VIOLATION BY THE SAME ACCUSED SELLER

Upon receipt of Notice as set forth above accusing the same Accused Seller of the same or a second violation of the Terms of Service and a reasonably determined violation thereof in accordance with the policy set forth above, DOmedia reserves the right to suspend or revoke the same Accused Seller’s Account indefinitely. Such shall be the exclusive decision of DOmedia.
 

ACCUSED SELLER PROVES NO VIOLATION OF THE TERMS OF SERVICE

If an Accused Seller reasonably and in good faith believes that they have not violated the Terms of Service upon a finding of such by DOmedia and the Accused Seller desires the Listed Media asset(s) should be relisted as they were immediately prior to their removal by DOmedia or such Media Seller should be reinstated as a Media Seller on the Site, the Accused Seller must:
  1. Send Notice in writing to: DOmedia, LLC, Attn: Seller Discrepancies, 274 Marconi Blvd., Suite 400, Columbus, Ohio 43215, USA. Such Notice MUST contain (at a minimum) the following:
     
    1. Your Media Seller name, address, fax, and email so that we may contact you;
    2. Specify the specific Listed Media asset(s) which you believe have been incorrectly removed from your Media Seller User Account which you believe you have an exclusive right to list or sell to Media Buyers, including, at a minimum, the exact location and asset name and number (if any). Nonexclusive rights to sell Listed Media will not be reconsidered if an Accusing Seller has provided us with proof of their exclusive right to list or sell such Listed Media asset(s);
    3. Proof of your exclusive right to list or sell the specific Listed Media asset(s) for which you have found the discrepancy (including, at a minimum, a fully executed contract (with personal billing information redacted) or letter of agreement specifying your exclusive rights to list or sell the Listed Media asset(s) (all information provided to us will remain highly confidential and will be treated with the same reasonable care DOmedia uses in protecting our own confidential information); and
    4. A notarized statement by you made under the penalty of perjury, that the above information in your Notice is accurate and that you have exclusive rights to list or sell the Listed Media asset(s) set forth in the Notice or to act on their behalf.
       
  2. Before sending a Notice to DOmedia, you should confirm that you have the legal right to exclusively list or sell the Listed Media asset(s). Failure to include all the information requested herein may result in a delay or failure to review your claim and the Listed Media asset(s) removed will remain as such. 

UPON REVIEW OF ACCUSED SELLER’S REQUEST FOR REVIEW

Once DOmedia has rendered a good faith decision pertaining to removal of an Accused Seller’s specific Listed Media asset(s) or indefinite suspension or removal from the Site, DOmedia’s decision is correct and final unless the Accused Seller can prove otherwise by clear and convincing evidence. 
 
If DOmedia determines, upon receipt of all information provided by an Accused Seller, that its initial decision was based upon incorrect information provided to DOmedia, Accused Seller’s only recourse shall be to have the removed Listed Media asset(s) republished on the Site or reinstatement as a Media Seller on the Site, as appropriate. Accused Seller shall have no rights in law or equity otherwise against DOmedia for DOmedia’s initial decision. IN NO EVENT SHALL DOMEDIA, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN LAW OR ANY DAMAGES CAPABLE OF REMEDY AT EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH DOMEDIA’S DECISION(S).
 

DOmedia will notify Accused Seller of its ultimate decision regardless of whether the Accused Seller’s assertion was correct or incorrect and a brief explanation thereof. If Accusing Seller(s) who made the initial claims against Accused Seller are subsequently determined to be malicious, in bad faith or knowingly incorrect, DOmedia reserves the right to remove the Accusing Seller(s) Media Asset(s) for which they incorrectly claimed exclusive rights to list or sell and/or suspend or remove the Accusing Seller(s) from the Site indefinitely. Such decision shall be solely in the discretion of DOmedia. IN NO EVENT SHALL DOMEDIA, ITS OFFICERS, DIRECTORS, AGENTS, MANAGERS, AFFILIATES OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, SPECIAL, ACTUAL, CONSEQUENTIAL, NOMINAL OR PUNITIVE DAMAGES OR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN LAW OR ANY DAMAGES CAPABLE OF REMEDY AT EQUITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH DOMEDIA’S DECISION(S).