Updated on 1/12/2022
Certified-Parts.com. ("CP") has adopted the following general policy regarding copyright and intellectual property infringement in compliance with U.S. intellectual property laws and the Digital Millennium Copyright Act. CP will reply to notices and claims of this form from jurisdictions other than the U.S. as well. The address of CP’s Designated Agent to Receive Notification of Infringement ("Designated Agent") is listed at the end of this policy.
CP will respond to a proper notice by (1) disabling the content of infringing activity; and (2) discontinuing service to repeat offenders. If CP removes or disables access in response to such a notice, CP will notify the alleged infringing party ("Seller") and email the claimants contacts for the Seller’s counter-notification.
A. Procedure for Reporting Copyright or Intellectual Property Infringements:
If you materially misrepresent a case when a product or activity is infringing your intellectual property, you may be liable for damages (including costs and attorneys' fees). Please seek legal advice before contacting Certified-Parts.com, in case there is uncertainty.
If the articles posted on or accessible through the Certified-Parts.com website infringes copyright or property rights, you may send a notice of infringement to the Designated Agent listed below (preferably via email to [email protected]).
Alternatively, you can provide written notice via mail at the following address:
Designated Agent to Receive Notification of Claimed Infringement:
Attn: Legal Department
1022 Superior Ave,
Sheboygan, WI 53081 USA
Please specify the type of infringement at issue and the notice must include the following information:
A signature of a person authorized to act on behalf of the owner of the copyright or intellectual property right that has been allegedly infringed upon (signatures may be provided electronically by typing your name);
Identification in sufficient detail of the material being infringed upon (for an allegation of a patent infringement, please provide a patent number);
Identification of the material on CP that is claimed to be infringing upon the intellectual property. Include information regarding the location of the infringing material with sufficient detail so that CP is capable of finding and verifying its existence (for listings, please provide the link or URL to each listing you allege is infringing);
Contact information about the notifier including the name of the intellectual property owner, the name and title of the person contacting CP on the owner's behalf, the address, telephone number, and email address;
A statement that the notifier has a good faith belief that the material is not authorized by the intellectual property or copyright owner, its agent, or the law; and
A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the intellectual property or copyright owner.
B. Removal of Infringing Article
Once a Proper Bona Fide Infringement Notification is Received by the Designated Agent, CP will remove or disable access to the infringing article.
After removing or disabling the article from the site, CP will email the Seller a copy of the notice and the claimant’s contact information.
Repeat offenders will have all material removed from the CP site, and CP will permanently suspend the offender from our site.
C. Procedure to Supply a Copyright Counter-Notice to the Designated Agent:
Seller(s), whose uploaded articles were disabled or removed, must not attempt to re-upload or relist the disabled content. Seller(s) may contact the Brand Protection Agent to request permission to sell or send a counter-notice, under 512(g)(2) and (3) of the Digital Millennium Copyright Act to the Brand Agent. The counter-notice must contain the following information to the Brand Protection Agent.
Your signature (signatures may be provided electronically by typing your name);
Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
Your name, address, telephone number, and email address, and a statement that you consent to the jurisdiction of the Federal Court for the judicial district in which the Seller’s address is located, or if your address is located outside the United States, for any judicial district in which CP is located, and that you will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
If a request or counter-notice from the Seller is received by the Brand Protection Agent, and an agreement is reached, the Brand Protection Agent may then contact CP to state the specifics of the agreement and provide permission for the article to be re-uploaded by the Seller.