Effective Date: June 3, 2025
1. Purpose
This policy outlines how 37x.com (“37x,” “we,” “our,” or “us”), as an affiliate‐marketing platform, handles use of trademarks, nominative fair use, and third‐party trademark enforcement notices.
2. Scope
Applies to:
Product listings, titles, descriptions, and images on all 37x domains that reference brand names or trademarks.
Affiliate‐provided content identifying or describing brand‐protected products.
Third‐party trademark enforcement actions targeting our domains or affiliate listings.
It does not cover pure domain‐squatting or impersonation; those are filtered by separate checks.
3. Definitions
Trademark Owner / Claimant: The registered owner of a trademark or its authorized agent.
Affiliate Supplier: A vetted merchant participating in our affiliate network.
Nominative Fair Use: Use of a trademark only to identify or describe the genuine product, without implying sponsorship or endorsement.
Infringing Content: Any listing, domain, or content that exceeds nominative use and causes confusion, dilutes the mark, or represents counterfeit goods.
4. Fair Use Principles
Nominative Use Allowed:
Affiliates may refer to a trademarked name when selling or linking to genuine, authorized products (e.g., “Brand X Running Shoes”). Such use is neither an endorsement by the trademark owner nor a misrepresentation, so long as it is strictly descriptive.Prohibited Uses:
Any design or wording that suggests 37x or the affiliate is endorsed or authorized by the trademark owner beyond a simple description.
Use of a trademark in the site’s own branding or navigation in a way that falsely implies sponsorship (e.g., “BrandX-Official-37x.com”).
5. Affiliate Responsibilities
Only list products obtained through authorized, reputable suppliers.
Accurately describe the brand name without adding embellishments that create confusion (no “Official,” “Genuine,” or “Certified” unless explicitly permitted).
Do not register domains or create landing pages that mimic a brand’s official site (e.g., “brandx-official-sale.com”).
6. Third-Party Trademark Enforcement Notices
Submission Requirements:
Must clearly identify the registered trademark (registration number, jurisdiction, copy of certificate).
Provide specific URLs or affiliate product IDs showing how the mark is allegedly misused.
Explain why the listing goes beyond nominative fair use (e.g., implying false affiliation or advertising counterfeit).
Review Process:
We verify registration, review the affiliate listing, and confirm whether the use is nominative fair use or infringing.
If genuine fair use, we respond to the enforcement agent explaining our position and retain the listing.
If infringement (e.g., counterfeit or unauthorized use beyond descriptive purposes), we remove the listing as outlined in the Takedown Requests Policy.
Counter-Enforcement:
Should a brand enforcer send a blanket “take down all references to our mark” without specifics, we will request detailed examples. If none are provided, we may consider the notice insufficient.
7. Remedies for Infringement
Immediate Removal: If we determine that a listing violates trademark rights beyond fair use (e.g., misleads consumers or promotes counterfeit goods), 37x will remove the listing and notify the affiliate of termination from our network pending investigation.
Notification to Claimant: We will inform the Claimant (trademark owner) of the removal and actions taken.
Restoration & Appeals: If an affiliate believes a removal was mistaken, they may submit a counter-notice through the Takedown Requests procedure.
7.1. Voluntary Domain Surrender
A domain owner who no longer wishes to retain a disputed domain may, at their discretion, voluntarily transfer or surrender the domain to the trademark owner. This option is entirely between the domain owner and the trademark owner; 37x does not facilitate or record the transfer.
7.2. Good-Faith Compensation
Purpose
To foster an amicable resolution, a trademark owner may, at its discretion, offer financial compensation to a domain owner who can demonstrate bona fide investment in a domain used in good faith.Eligibility Criteria Suggestions
A domain owner may request consideration by providing:Evidence of an arm’s-length domain purchase (date and price).
Documentation of substantive development or promotion (e.g., content creation, marketing spend, traffic analytics).
A statement confirming no intent to mislead consumers or imply unauthorized affiliation.
Compensation Proposal
The domain owner may submit to the trademark owner (or its authorized agent):Proof of domain acquisition (e.g., purchase agreement, escrow receipt).
Records of investment in development or promotion (e.g., invoices, analytics).
A proposed compensation figure with supporting rationale.
Consideration Process
The trademark owner may review any proposal and decide, on a case-by-case basis, whether to offer compensation. Any agreed terms should be documented in a written agreement directly between the trademark owner and the domain owner.Effect on Rights
Acceptance of compensation by either party:Does not waive any trademark enforcement rights.
Does not imply 37x has endorsed or reviewed the domain owner’s use beyond this specific agreement.
Disclaimer: This policy language is provided for informational purposes only and does not constitute legal advice. 37x does not mediate or participate in compensation negotiations between domain owners and trademark holders; any settlement is strictly a matter for those parties to resolve directly.
8. Contact for Trademark Inquiries
Any brand owner or authorized representative may email [email protected] with subject line “Trademark Inquiry – [Brand Name/Reg. No.]” for clarifications, additional evidence submissions, or appeals.