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Counter Notice

This is the eBay Counter Notice.

COUNTER-NOTICE REGARDING REMOVED LISTING
(Trademark, Patent, and Right of Publicity Claims)

I am aware that __________________________________, a participant in eBay's Verified Rights Owner (VeRO) Program (the "Reporting Party"), has submitted a sworn notice of infringement stating that the listing(s) identified below infringes its intellectual property rights (including, copyright, trademark, and/or patent) and/or publicity rights (collectively "Intellectual Property Rights").

I understand that eBay has removed such listing(s) at the request of the Reporting Party. I further understand that if, within fourteen business days of your receiving this notice, the Reporting Party does not file a legal action seeking to prevent me from re-posting the identified listing(s) and/or seeking a Court order to restrain me from engaging in infringing activity relating to such listings, eBay will allow me to re-post the listing(s).

Therefore, I, the undersigned, certify under penalty of perjury that:

The listing(s) identified below does not offer an item that infringes, and the listing(s) does not itself infringe, upon the Intellectual Property Rights of the Reporting Party.

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I will not offer any items or place any listings on eBay that infringe upon the Intellectual Property Rights of the Reporting Party.

Indemnification. I agree to indemnify eBay from and against any and all claims, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, which eBay may incur in connection with any of the listing(s) identified above or the items offered therein.

False Statements. I understand that my knowing misrepresentation herein that material was removed by mistake or misidentification may expose me to legal liability for damages, including costs and attorneys' fees. I further understand that perjury is a felony which may be punishable by imprisonment of not more than five years or a fine.

Legal Action. I understand that if the Reporting Party disagrees with this Counter-Notice, it may file a legal action against me to prevent the re-posting of the above-referenced listing(s).

Consent to Federal Jurisdiction and Service of Process. For any actions that might arise out of the listing(s) identified above, I consent to the jurisdiction of the Federal District Court for the County of Santa Clara, California. I further agree to accept service of process from the Reporting Party or its agent, law enforcement, and eBay for any such actions.

Contact Information. I certify that the following contact information is accurate and valid. I acknowledge that eBay will compare the contact information provided herein with my eBay contact information, and false or fraudulent information may result in suspension of my eBay account(s).

I may be contacted at:

        Name: __________________________
        Title and Company: ____________________________
        Street Address*: _______________________________
        __________________________________________
        City, State, and Zip: ___________________________
        Email address: ____________________________
        Telephone: ___________________________
        Fax: ______________________________

* Please provide the street address at which you reside; a Post Office (P.O.) Box or the like is not sufficient.

Signature _______________________________________________
UNDER SWORN PENALTY OF PERJURY

Date _____________________________

Please fax your completed Counter-Notice to (408) 376-7468
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