Wix Marketplace Terms of Use

Last updated: June 30, 2024

Welcome to the Wix Marketplace: A venue in which Wix users can review the work of freelance web professionals and agencies, request to acquire custom services (the “Custom Services”), review and purchase licenses to Wix Studio site Templates designed by freelance web professionals and agencies (the “Services”).

These terms and conditions (the “Marketplace Terms”) are a binding agreement between you and Wix.com Ltd. (“Wix”). These Wix Marketplace Terms govern your use of this website, including all content and services available through the Wix.com/marketplace domain name (the "Wix Marketplace”).

BY USING AND/OR VISITING THIS WEBSITE, you hereby consent to these terms and conditions, AND TO each of the following:

the general Terms of Use of Wix.com, as may be amended from time to time, which can be reviewed at http://www.wix.com/About/Terms-Of-Use; (the “Wix General Terms”) AND
the Partner Program Terms of Use, as may be amended from time to time, which can be reviewed at https://www.wix.com/partner-program-terms-of-use (as applicable) (the “Wix Partner Program Terms of Use”). The Wix General Terms and Wix Partner Program Terms of Use are collectively referred to herein as the "Wix Terms."

You further acknowledge that you have read the terms and conditions of Wix’s privacy policy, which are published at http://www.wix.com/about/privacy, as may be amended from time to time, (the “Privacy Policy”).

The Wix Terms and the Privacy Policy are incorporated herein by reference and govern your use of the Wix Marketplace. For the avoidance of doubt, the Wix Marketplace is part of the Wix Website and the Services are part of the Wix Services.

BY SUBMITTING OR PURCHASING A LICENSE TO A TEMPLATE, OR JOINING THE WIX MARKETPLACE, YOU ACKNOWLEDGE THAT YOU HAVE READ THE WIX MARKETPLACE TERMS AND FURTHER UNDERSTAND AND AGREE TO BE BOUND BY SUCH TERMS, INCLUDING ANY FUTURE MODIFICATIONS THERETO. WE MAY REVISE THESE TERMS AT ANY TIME BY POSTING AN UPDATED VERSION ON OUR WEBSITE. YOU ARE ENCOURAGED TO REVIEW THIS AGREEMENT FROM TIME-TO-TIME BECAUSE YOU ARE BOUND BY THESE TERMS. YOUR CONTINUED USE OF THE WIX MARKETPLACE AFTER A CHANGE TO THESE TERMS CONSTITUTES YOUR BINDING ACCEPTANCE OF THESE TERMS. IF, AT ANY TIME, YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT IN EFFECT AT SUCH TIME, PLEASE DO NOT USE THE WIX MARKETPLACE. NOTWITHSTANDING THE FORGOING, WIX SHALL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT AS A WIX PARTNER (AS DEFINED BELOW) OR A WIX MEMBER AND REMOVE YOU FROM THE WIX MARKETPLACE AT ANY TIME FOLLOWING SUCH NOTICE.

Capitalized terms not defined herein shall have the meaning assigned to them in the Wix Terms or the Privacy Policy.

These Wix Marketplace Terms were prepared and written in English, and have been translated into other languages for your convenience. In the event of any conflict between a translated (non-English) version of these Wix Marketplace Terms and the English version of these Wix Marketplace Terms, the language of the English version shall prevail with respect to such conflict.

1. General Description

The Wix Marketplace (i) allows any eligible web professionals, freelancers, agencies, and other businesses (either individuals or entities) with a valid User Account (the "Wix Partner(s)") to create a profile dedicated to their work (the "Profile"), highlight Wix User Websites that they were hired to work on, display and license Wix Studio Website templates on the Wix Marketplace (“Marketplace Templates”) and/or license templates of Wix Studio website outside of Wix (“External Templates”), (together the “Templates”) to be used by Wix Members; (ii) allows visitors to review the Wix Partners' Profiles and allows Wix users with a valid User Account (the "Wix Member(s)") to find Wix Partners (either manually or with the assistance of the Wix "Find Me a Wix Partner" feature) that may suit their needs and purchase licenses to Marketplace Templates designed by Wix Partners or hire the Wix Partner to provide with Custom Services; and (iii) facilitates the initial communication between a Wix Member and the chosen Wix Partner so they can connect directly regarding the Custom Services needs of the Wix Member (Wix Partners and Wix Members, together, "Users", and individually: "User" or "you" ).

1.1

Within the Wix Marketplace, Wix Members may request and obtain Services for both free websites on the Wix platform and websites under any Wix Premium Plan. The Services are not provided free of charge. Any Custom Services acquired beyond the Marketplace Templates shall be separately and freely negotiated between Wix Partner and Wix Members.

1.2

Wix itself does not offer or provide any such tailored websites services under the Wix Marketplace and acts as a seller of sub-licenses to the Marketplace Templates and has no responsibility or liability for any Customer Services provided by, or any Marketplace Templates or External Templates created by the Wix Partners.

1.3

The Wix Marketplace is not an employment or matching agency, and except as specifically stated herein, the Wix Marketplace does not engage as a referral, matching or placement service and does not provide, refer, place, offer or seek to obtain employment or engagements for any of its Users.

1.4

2. Additional Terms Applicable to Wix Partners

Wix Partner MarketPlace

2.1

Wix Partners may be eligible to access and use the Wix Marketplace by participating as a Wix Partner in Wix’s Partner Program, subject to the Partner Program Terms and these Marketplace Terms.

2.1.1

The Wix Partner Program, as currently offered by Wix at www.wix.com/partners, is a program designed to help Wix Partners scale their businesses by providing access to specified benefits, which may include a dedicated account manager, training, priority support, and/or use of the Wix Marketplace (as applicable). Wix’s Partner Program is governed by the Wix Partner Program Terms of Use.

2.1.2

As a participant in Wix’s Partner Program, Wix Partners may sell their Templates on the Wix Marketplace and present their services in their dedicated Profile on the Marketplace and among other specified benefits, may become eligible to receive leads from Wix Members to use Partner’s Custom Services and unlock access to the “selling services” features of Wix Partner Program Terms of Use. Once Wix Marketplace access is granted, the Wix Partner will have the opportunity to create its Profile, and Wix Members shall be able to view such Profile after the Wix Partner completes and clicks the "Update Profile" button, as indicated.

2.1.3

Wix reserves the right to make changes from time to time to the Partner Program, including, but not limited to, updates or modifications to Partner Program Level eligibility, Partner Package eligibility, and the benefits provided under any Partner Program Level or Partner Package, including, without limitation, accessibility and use of the Wix Marketplace, as set forth in the Wix Partner Program Terms of Use.

2.1.4

Notwithstanding the foregoing, any Wix Partners that applied and were accepted to the Wix Marketplace prior to May 2020, despite not having participated in the Partner Program prior to such date, may continue to access and use the Wix Marketplace, subject to all terms and conditions set forth herein.

2.1.5

Wix shall have sole and absolute discretion regarding the eligibility of any Wix Partner to access and use the Wix Marketplace, and does not guarantee that any Wix Partner will be presented on the Wix Marketplace for any minimum period of time or at all. Wix reserves the right to remove any Wix Partner from the Wix Marketplace and may remove or may require a Wix Partner to remove any Marketplace Templates offered under its Profile or User Content included in its Profile, at Wix’s discretion. Wix shall not be obligated to provide any explanations regarding its decisions in this respect.

2.1.6

License Grants

2.2

Wix License Grant. Subject to the terms and conditions of this Agreement, Wix hereby grants during the Term, a limited, non-exclusive, personal, revocable, non-sublicensable and non-transferable license to use Wix software and documentation for the sole purpose of developing or testing Templates designed to operate on the Wix platform. As a Wix Partner, you may not modify, alter, reproduce, or distribute the Website or App. You may not rent, lease, lend, sell, redistribute or sublicense the Wix Services and/or the Wix Marketplace. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Wix Marketplace, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Wix Service, Wix Marketplace, or any content available through the Service.

2.2.1

Wix Partner License Grant. By creating, posting or sharing any information, Templates, through the Service, you grant Wix a world-wide, non-exclusive, sublicensable, royalty-free, fully paid, perpetual, transferable license and unrestricted right, on or through the Wix Website or Wix Marketplace to use, modify, remove, publish, transmit, sublicense or display such information or User Content in any now existing or hereinafter medium developed in order to operate Wix’s business, and to provide Services, including, without limitation, to sell non-sublicensable licenses to Marketplace Templates to Wix Members, facilitate communications with Wix Members and advertise and promote the Service, the Marketplace, your Profile, Portfolio and Templates. You waive any claims against Wix or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to the Templates in your portfolio, with respect to such permitted uses.

2.2.2

Right to Use Wix Partner’s Marks. To facilitate the offering and promotion of a Template, Wix shall have the right to use, reproduce and display the Wix Partner’s and the Template’s name and trademarks (the “Wix Partner Marks”). The use of such Wix Partner Marks shall be limited to use on the Wix Website and in promotional and marketing activities conducted by Wix from time to time.

2.2.3

Intellectual Property Rights. Wix does not acquire any ownership interest in the Templates, Marks or other User Content under these Marketplace Terms. Wix Partner and its licensors (as applicable) shall retain their right, title and interest in the Templates, Marks and other User Content. In the event of any third party claim that a Wix Member’s possession or use of a Template or service you provide infringes on a third party’s intellectual property rights, you, not Wix, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

2.2.4

Wix Partner Representations and Warranties.

2.3

By using the Wix Marketplace and/or selling External Templates outside of Wix, you confirm, undertake, acknowledge, represent and warrant that:

You are at least 18 years of age or the legal age of majority. To the extent Wix Partner is an entity, such Wix Partner further represents and warrants it is duly organized and validly existing under the laws of its jurisdiction and has the requisite power and authority to enter into this agreement and to perform its obligations hereunder;
You will at all times provide true, accurate, current, and complete information when submitting any registration form(s) or otherwise providing any information to Wix through the Marketplace. You are solely responsible for editing and updating such information on your Profile. You shall keep any User Content in your Profile up-to-date with no broken links or misinformation. You are responsible for removing from your Profile, any User Content you are not authorized to use anymore.
You own or otherwise have the full right and authority to present and publish the User Content or other content presented in your Profile, your Templates and your Portfolio (including, without limitation, links and third party websites). You must not submit, upload, post, display or share any User Content or other content that you do not have the right to copy, use, link to or share for the purpose of your use of the Wix Marketplace. The posting and use of User Content or other content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person. You shall be solely liable for any damages resulting from any infringement of copyrights, trademarks or other intellectual property rights, or any other harm resulting from your uploading, posting or publishing User Content or other content in your Templates or to the Wix Marketplace. You should have all rights required to present your Portfolio. You acknowledge and agree that all information presented in your Portfolio is non-confidential. You further acknowledge and agree that you make this representation to Wix and to each Wix Member that purchases a sublicense to your Template (such sublicense, a “License”).
All the websites and Templates submitted by you as part of your Profile were completed solely by you and are all websites designed on the Wix platform. You may not advertise and/or address non-Wix websites and/or platforms in your Profile. The websites presented in your Profile should accurately reflect your abilities and the services you are being hired to perform and/or the Templates you are offering for sale.
Your Templates and any User Content presented in your profile will be free of viruses, Trojan horses, worms, spyware, disabling, or other such malicious code.
You agree that your use of the Service will not violate any applicable laws.
You agree that your use of the Service will not include sending unsolicited marketing messages or broadcasts (i.e. spam). Wix may block anyone violating this provision from using the Service.
You shall abide by fair business practices and ethics in any dealings with any Wix Member.
None of the Wix Partner, its subsidiaries, or any director or officer thereof, is, or is owned or controlled by individuals or entities that are: (i) the target of any sanctions administered or enforced by the U.S. Department of the Treasury Office of Foreign Asset Control (“OFAC”), the U.S. State Department or any other U.S. government agency or department, the United Nations Security Council, the European Union or Her Majesty Treasury and/or the target of any Israeli sanctions (collectively, "Sanctions"), or (ii) located, organized or resident in a country or territory that is the subject of comprehensive territorial Sanctions.

Use of the Service.

2.4

Public Information. You may be able to create, post or share User Content, including, but not limited to Templates, Portfolios, messages and images, on or through the Service. This User Content may be made public. You confirm and acknowledge that some Personal Information and other Information (as those terms are defined in Wix’s Privacy Policy) you provide Wix may become public and accessible to Wix Members and other Wix website visitors reviewing your Profile on the Wix Marketplace, and may be used in connection with the "Find Me a Wix Partner" and/or the support of Templates features.

2.4.1

Ranking. The order of presentation of the Wix Partners’ Profiles and Marketplace Templates on the Wix Marketplace is subject to Wix's sole and absolute discretion. Ranking is determined by parameters decided by Wix. Parameters that may influence your ranking include, without limitation, the number of User Websites you present in your Profile and the nature of the Feedback we may receive from Wix Members who have used your Services or purchased the Templates you designed.

2.4.2

Accuracy of Information. Any information communicated to you about a Wix Member via the Wix Marketplace shall be conveyed in conformity with the information provided to Wix by such Wix Member. Wix is not responsible for the truthfulness and validity of information provided by any Wix Member. Wix is not responsible for information provided by third parties. You are solely responsible for the management of Wix Members’ information in your Wix Partner dashboard, whether such information is added and/or uploaded by you, or by Wix on your behalf, in accordance with applicable law.

2.4.3

Profile. Each Wix Partner may have only one Profile presented on the Wix Marketplace. You may not have more than one profile in the Wix Marketplace.

2.4.4

Account Protection. Only you may use your account and authentication credentials (e.g., keys, tokens, password) associated with your Profile, and you are fully responsible for safeguarding such information from compromise and for using them only as authorized by Wix and in accordance with these terms.

2.4.5

Guidelines. Wix has the right to determine instructions and guidelines in connection with the use of the Wix Marketplace, including regarding any languages to be used in the Profiles and Portfolios and may instruct the Wix Partners to use specific languages. Wix may furnish Wix Partners with guidelines for their use of the Wix Marketplace, including, but not limited to, the Wix Marketplace Lead Matching Guidelines located at https://www.wix.com/marketplace/partner-guidelines and the Wix Partner Templates Guidelines located at https://www.wix.com/studio/partner-program/submit-and-sell/guidelines and, in Wix’s sole discretion, Wix reserves the right to suspend or remove any Wix Partner for a failure to adhere to or follow such guidelines. Wix can instruct you what languages to use in your Profile.

2.4.6

Removal. Wix reserves the right to remove any Wix Partner from the Wix Marketplace without notice, for any reason.

2.4.7

Performance Metrics. If Wix provides any performance metrics for your Templates or Portfolio, you agree that such metrics may be used solely for your own internal use and may not be provided to any third party.

2.4.8

Template Submission, Approval and Withdrawal.

2.5

Template Requirement and Submission. You must submit each Marketplace Template that you wish to offer to Wix Members and or Users through the Marketplace, as well as any material updates to such Template, for Wix’s prior approval. Any such updates shall be subject to the terms and conditions set forth in this Agreement.

2.5.1

Minimum Requirements. Wix Partner shall ensure that all Templates comply with the following requirements:

the Template must comply with all terms and conditions set forth in this Agreement, including the Wix Terms and the Templates Guidelines available at https://www.wix.com/studio/partner-program/submit-and-sell/guidelines, which are hereby incorporated by reference;
the Template must not infringe or misappropriate any intellectual property or personal right of any third party;
the Template must be fully functional and reviewed for bugs and defects;
the Template must comply with any other requirements provided to you by Wix; and
the Template shall only be a template of a Wix Studio website.

2.5.2

Template Approval. Prior to making any Marketplace Template available in the Marketplace, Wix, or a third party on its behalf, will review and evaluate each Template (including any updates or changes if Wix deems it necessary) submitted by Wix Partner. Upon submission of each Marketplace Template to Wix Marketplace for approval, Wix Partner shall include its price offering for the License of such Marketplace Template and such price shall be defined in U.S. dollars only. Wix will make a Template available in the Marketplace after it is approved by Wix at its sole discretion (and with no obligation to provide any reasoning in case of disapproval). Wix, or a third party on its behalf, may review and evaluate any Marketplace Template available in the Marketplace periodically, to verify such Marketplace Template continues to comply with this Agreement. Wix Partner agrees to cooperate with Wix in the reviewing, testing and evaluation process and to answer questions and provide information and materials reasonably requested by Wix. Wix may require Wix Partner to make adjustments and/or modifications to its Template, as necessary to ensure the Template’s compliance with this Agreement. Wix Partner shall make such required adjustments within a reasonable period of time as determined by Wix. It is clarified that Wix shall have no obligation to include any Template in the Marketplace even if such Template was previously approved by Wix.

2.5.3

Template Removal. Wix may remove or suspend any Marketplace Template from the Marketplace, at any time, at its sole discretion with no obligation to provide any explanation or prior notice and with no liability to Wix Partner. Wix may also discontinue the use of any Template by Wix Members if Wix believes that the use of such Template infringes rights of any third party or may damage Wix or its Users. Wix Partners may remove their own Marketplace Templates at any time by removing the Marketplace Template from their Profiles. Please note removal of a Marketplace Template by a Wix Partner does not impact the purchased license of such Marketplace Template by a Wix Member. Wix Members who have purchased a license to a Marketplace Template will continue to have a right to use such Marketplace Templates.

2.5.4

Responsibility for the Templates and Your Services

2.6

Content of the Templates. Wix Partner has, and shall have, the sole responsibility for (i) all content of such Template (including but not limited to the use of any patents, registered designs, design rights, trademarks, trade and business names, copyright and related rights, logos and icons and the insertion and use of code and any third party technology) and (ii) the development, proper operation and maintenance of the Template. Wix Partner acknowledges and agrees that Wix has no responsibility or liability of any kind for any content, bug, development, operation and maintenance and provisions of services and the sale of Licenses of Templates to Wix Members.

2.6.1

Responding to Claims. You, as a Wix Partner, understand and agree that you are solely responsible for providing relevant support and assistance to a Wix Member in relation to the purchase and use of a License to one of your Templates. If Wix receives a claim from a third party concerning a Template, Wix may refer such claim to you. You must respond to the claim promptly, and take any and all actions required for the Template to comply with the law when applicable. If you discover or are notified that a Template violates the terms of these Marketplace Terms or the Wix Terms, you shall immediately take the required actions to correct such violation. You must state in your Profile your name, address and all the required contact information to which any Wix Member questions, complaints or claims with respect to the Templates or Services you provide should be directed.

2.6.2

Warranty. You are solely responsible for any warranties, whether expressed or implied by law, to the extent not effectively disclaimed, for the Templates and any services you provide. Wix will have no warranty obligation whatsoever with respect to the Templates or services you provide.

2.6.3

Pricing, Collection and Revenue Share of Marketplace Templates. This Section shall exclude External Templates for which no fees shall be paid by Wix to Wix Partner.

2.7

Pricing. Wix Partners are required to publish and present their starting rates for each Custom Service they support in their Profiles and to clearly define and present the prices applicable to the Template Licenses being purchased on the Marketplace. If a Marketplace Template License price is charged in any currency other than U.S. Dollars, Wix will have the sole discretion to determine the exchange rate applicable to the Marketplace Template License and to set off any exchange rate costs occurred to Wix as result of payment in any non U.S. Dollar currency.

2.7.1

Collection of Revenues; Refunds. Wix, either directly or through its third party partners or service providers, shall facilitate all purchases, returns and chargeback transactions related to the offered Marketplace Template Licenses (each, a “Billing Action”), including, collection of payments and processing cancellations and refunds of such Marketplace Template Licenses. Wix shall have the right but shall not be obligated, at its sole discretion, to approve cancellations of Marketplace Template Licenses purchased by Wix Members and to refund such Wix Members for the amounts paid by them to Wix (or any part thereof). If a refund or chargeback was paid by Wix to a Wix Member on account of a Marketplace Template for which Wix Partner received Revenue Share (as defined below), Wix Partner shall be obligated to return such Revenue Share amount to Wix within no later than thirty (30) days following a request by Wix and without derogating from the forgoing, Wix shall have the right to deduct any such amount owed (and not paid back) by Wix Partner to Wix, from any and all amounts payable to Wix Partner by Wix hereunder.

2.7.2

Revenue Sharing.

From April 17, 2024 and until December 31, 2024, the Net Marketplace Template License Revenues (as defined below), will not be shared between Wix Partner and Wix such that Wix Partner will be entitled to one hundred percent (100%) of the Net Marketplace Template License Revenues and Wix will be entitled to zero percent (0%) of the Net Marketplace Template License Revenues (the “Revenue Share”)

The term “Net Marketplace Template License Revenues” shall mean the aggregate amounts actually paid by Wix Members to Wix in consideration for the sale and use of a License to a Marketplace Template offered on the Marketplace excluding any and all taxes, currency exchange rates and other governmental charges of any kind that may be imposed; hosting fees; third party fees; refunds or rebates; billing or processing fees; and amounts paid by Wix in connection with the sale of a License for a Marketplace Template.

2.7.3

Payment of Revenue Share.

The Revenue Share will be payable on a monthly basis within sixty (60) days from the Calculation Date (as defined below) on which Wix collected the relevant Net Marketplace Template License Revenues.

Calculation of the Revenue Share will occur on the first day of each calendar month for all Marketplace Template Licenses purchased by Wix Members during the prior calendar month (the “Calculation Date”).

Wix will not pay a Wix Partner an amount lower than two hundred U.S. dollars (USD $200; the “Minimum Payment Amount”). Accordingly, in the event Wix Partner’s balance at the end of a month is lower than the Minimum Payment Amount, such balance shall be carried over and added to the next month’s Revenue Share amount until the total amount payable to such Wix Partner reaches the Minimum Payment Amount. Any amounts will be payable to a Wix Partner upon closing of such Wix Partner’s User Account.

2.7.4

Form of Payment.

All Revenue Share payments shall be due and payable in U.S. dollars only. Payment shall be made through wire transfer or any other method chosen by Wix, at its sole discretion. All payments hereunder shall be made against a lawful tax invoice to be issued by the Party receiving the respective payment.

2.7.5

Taxes.

Wix does not serve as an employer of any Wix Partner. Wix Partner shall be responsible for the payment of any and all taxes assessments, fees and other governmental charges of any kind, as well as withholding and reporting obligations applicable to the conduct of Wix Partner’s business. You understand and agree that if Wix is found to be liable for any tax, withholding or reporting obligation in connection with any Services provided or received by you, you will immediately reimburse and indemnify Wix for all costs, expenses and liabilities (including any interest and penalties) relating to the same. In the event that pursuant to any law or regulation, tax is required to be withheld at source from any payment made to Wix Partner, Wix shall withhold said tax at the rate set forth in the certification issued by the appropriate taxing authority and provided to Wix by Wix Partner, or in the absence of such certification, at the rate determined by said law or regulation. If a Template License price is presented in any currency other than U.S. dollars, Wix will have the sole discretion to determine the exchange rate applicable to the License and to set off any exchange rate costs occurred to Wix as result of payment in any non U.S. dollar currency.

2.7.6

Right to Change.

Wix shall have the right to cancel or modify the Wix Partner compensation program and/or the revenue sharing method set forth above in this Section 2.7 at its sole discretion with or without notice to Wix Partner. Such cancellation shall not impact Wix’s payment obligations to Wix Partner regarding outstanding amounts due.

2.7.7

Economic Sanctions and Exports Controls

2.8

Wix Partner acknowledges that any use of its Template and any related products and services (the "Template Usage") may not be provided to or used by any person in any of the countries that are subject to comprehensive economic sanctions under the EAR, OFAC, or Israeli regulations, which currently include Crimea - region of Ukraine, Cuba, Iran, North Korea, and Syria. Moreover, Wix Partner shall not allow and fully restrict any usage relating to its Template(s) from Members (individuals and entities) identified on any Sanctions list, including but not limited to OFAC’s Specially Designated Nationals and Blocked Parties List (the "SDN List"), entities owned 50% or more by any individuals or entities on the SDN List, or individuals or entities that are located in any comprehensively sanctioned country.

Wix Partner acknowledges that the Template Usage may be subject to U.S., Israeli, or other export, re-export, and in-country transfer laws, regulations, and rules (the "Export Controls”). It is agreed that the applicable Export Controls regulations shall govern the Template Usage and that no data, information, software program, technology, source code, encryption functionality, and/or materials resulting from the Template or its related products or services, shall be made available to any person, directly or indirectly, in violation of Export Controls. Wix Partner shall (i) be solely responsible to check the applicable Export Controls regulations and any updates or modifications thereof; (ii) be solely responsible to strictly comply with Export Controls at all times during which this Agreement is in force; and (iii) be liable for any infractions or imposed sanctions thereunder.

User Data Terms

2.9

Without limiting Wix Partners’ other representations, warranties and obligations under these Marketplace Terms, to the extent Wix Partner performs any form of Processing activity with respect to or in connection with any Personal Data of Wix Members, Wix Users or Wix Users’ website visitors (collectively, “User Data”), then Wix Partner, Wix Partner’s Services and Wix Partner’s Templates offered in or out of the Marketplace, must comply with all applicable privacy and data protection laws, including (but not limited to) the General Data Protection Legislation ((EU) 2016/679) (GDPR) and any applicable national implementing laws, regulations and secondary legislation relating to the Processing of Personal Data (collectively, “Data Privacy Laws”), including, without limitation, any and all consent or notice requirements.

(i) “GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation).
(ii) “Data Subject”, “Personal Data”, “Processing” or “Process”, “Controller”, as used in this Section 6.3, shall have the meanings given in the GDPR and in the Wix Privacy Policy.
Wix and Wix Partner agree that each will act as a Controller with respect to Personal Data of Users. It is acknowledged that each party is a separate, independent Controller of Personal Data of Users. Personal Data of Users will not be processed by the Parties as joint controllers as referred to in Article 26 of the GDPR. Each Party shall be independently responsible for compliance with its obligations as a Controller under applicable Data Privacy Laws.
Wix Partner must maintain and comply with a comprehensive privacy policy. Wix Partner shall be responsible for informing all Wix Members of such privacy policy, including by providing access to such policy through a provided link and, if requested, (ii) submitting such policy to Wix for display to Wix Members in the Marketplace and ensuring that Wix is able to display notice of such privacy policy in accordance with this Agreement and all applicable laws or regulations. Such privacy policy must: (i) comply with all applicable laws and regulations; (ii) inform Wix Members regarding the information collected by the Template, and the manner in which such information is used, stored, secured and disclosed, including the categories of third parties to which information may be disclosed; (iii) describe the process by which Wix Partner notifies its Wix members of material changes to such privacy policy; and (iv) describe the controls that Wix Members have over the use and sharing of their information, and how they may access their information.
Wix Partner shall promptly notify Wix within no later than 24 hours (or a shorter period of time if required under the applicable Data Privacy Laws) and the Wix Member of any actual or suspected data security compromise involving Wix Member Data. Wix Partner shall promptly take steps to contain and control any unauthorized access to or misuse of Wix Member Data and continue to promptly provide information relating to the investigation and resolution of the data security compromise until Wix determines that the data security compromise has been resolved.
Each Party may transfer Personal Data to and otherwise interact with third-party data Processors. Each Party agrees that if it transfers Personal Data or otherwise interacts with a third-party data Processor, it will enter into a separate contractual arrangement with each such Processor to ensure compliance with its obligations under applicable Data Privacy Laws and hereunder.
Each Party shall not transfer any Wix Member Data received from the other Party outside of the EEA, Switzerland and the UK unless the transfer complies with the relevant provision of Data Privacy Laws.
Wix Partner shall limit its Wix Member Data Processing activities only to the extent required to operate the Wix Partner’s Template and to provide the Template’s services to the Wix Members. Wix Partner is prohibited from Processing, either directly or through a processor, any Wix Member Data provided to Wix Partner by Wix for the purposes of marketing, advertising, sales, personalization, except at the instruction of the Wix Member and in compliance with applicable Data Privacy Laws. Wix Partner shall not include Wix Member Data provided to Wix Partner by Wix in any product or service offered by Wix Partner to third parties without the applicable Wix Member consent or in manner that constitutes a “sale” under the CCPA.
Wix Partner shall assist Wix, to the extent reasonably requested, to comply with any of Wix’s statutory obligations concerning requests to exercise Data Subject rights under applicable Data Privacy Laws.
Subject to applicable Data Privacy Laws, Wix Partner will retain Personal Data only for as long as necessary to satisfy the purposes for which it was provided Wix Partner, or to the extent required by applicable Data Privacy Laws.
In case Wix Partner includes cookies and/or other similar tracking technologies (collectively, “Cookies”) to track Wix Members or any Wix Members’ website visitors when using the Template, Wix Partner will place a clear and comprehensive notice explaining which Cookies are used in the Template, the type of information Wix Partner may obtain from Wix Members or any Wix Members’ website visitors by use of such Cookies, and obtain appropriate consents.
In the event of any non-compliance by Wix Partner with any of the terms of this section or any applicable Data Privacy Laws, Wix shall have the right to immediately remove or suspend the offering of the Wix Partner’s Template on the Marketplace and terminate the Marketplace Agreement.
Wix Partner further acknowledges and agrees that Wix is not and shall not be deemed a Controller of any processing activity concerning Personal Data of Wix Users that is conducted by Wix Partner outside the Wix platform, whether through your business or personal email or otherwise.

3. Additional Terms Applicable to Wix Members

General

3.1

Overview. As a Wix Member participating in the Wix Marketplace, you agree and acknowledge that:

Wix is not the employer of any Wix Partner, nor does Wix supervise, direct or control the Wix Partners’ work, Templates or Services, in any manner. Wix does not provide any training or equipment to the Wix Partners, and has no control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of the Services or Templates designed by the Wix Partners. Wix acquires a license to the Templates and sells you a License to such Templates.
Each Wix Partner provides you services as an independent contractor and is not an employee, joint venturer, partner, agent, or franchisee of Wix for any purpose whatsoever.
Any listing of a Wix Partner on the Wix Marketplace shall be according to the information and Profile provided by such Wix Partner. Wix is not responsible for the truthfulness and validity of information presented by any Wix Partner. Wix does not have any obligation to independently verify any information provided to it by any Wix Partner, their experience or training, and shall not be responsible or liable for any representation or undertaking made by any Wix Partner on the Wix Marketplace.
You are at least 18 years of age or the legal age of majority;
You will at all times provide true, accurate, current, and complete information when submitting any registration form(s) or otherwise providing any information to Wix through the Marketplace; (iii) pay all required fees through any payment method prescribed and/or permitted by Wix, including, without limitation, through a credit card or any online payment processing service; and
You are not located in a region that is subject to a U.S. government embargo or included on any list of prohibited or restricted parties. Any breach of the foregoing representations and warranties entitles Wix to immediately terminate the Wix Terms and/or seek any and all remedies available at law or equity.

3.1.1

No Endorsement. In no event shall any reference by Wix to any Wix Partner or Templates designed by Wix Partners (including without limitation via the "Find Me a Wix Partner" feature) or offered by a third party be construed as an approval or endorsement by Wix of such Wix Partner, such third party, such Template or of any Services provided by them. Likewise, a link to any Wix Partner’s website does not imply that we endorse or accept any responsibility for the content or use of such website. As with the purchase of a Marketplace Template License, External Template, product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution and Wix does not enforce or accept any responsibility for the content or use of such Templates or Services.

3.1.2

Relationship. Except as defined in those Marketplace Terms with regard to the purchase of a License for Marketplace Templates, any relationship between any Wix Member and a Wix Partner listed on the Marketplace will be according to the terms to be agreed upon between such Wix Member and the specific Wix Partner they decide to work with. Wix does not take responsibility, in any way or manner, for the quality of the Services provided to any Wix Member by any of the Wix Partners or for any third-party content that may be made available through such Wix Partners.

3.1.3

Responsibility. You accept sole responsibility for all of your activities using the Wix Marketplace, including your conduct on the site and any and all content you may submit or present via the Wix Marketplace. You will not engage in any activity that interferes with or disrupts the functioning of the Wix Marketplace.

3.1.4

Information and Communication

3.2

Provision of Information. You are responsible for providing to Wix and such Wix Partners you contact via the Wix Marketplace, accurate, current and complete information in connection with your request for Services or purchase of a sublicense to a Template.

3.2.1

Information Management. By providing the information required to participate in the Wix Marketplace (including without limitation your email address and phone number) and using the Wix Marketplace, you confirm and acknowledge that Wix may transfer such information, as well as other required Personal Information in your account, to the Wix Partner(s) you have chosen or that were assigned to you via our Services, and that both Wix and the Wix Partner(s) may, to the extent permitted by applicable law, use both your Personal Information and Non Personal Information, in order to facilitate and provide your requested Services. You acknowledge that Wix Partners are solely responsible for the management of information, including Wix Members’ Personal Information, transferred to them as part of their participation in the Marketplace.

3.2.2

Communication. You agree to receive from time to time messages and promotional materials from Wix by e-mail or any other contact form you may provide us with (including your phone number for calls or text messages), including, without limitation, messages featuring Profiles of various Wix Partners. If you do not wish to receive such promotional materials or notices, please notify us at any time.

3.2.3

Termination

3.3

Wix Members hereby note that Wix may terminate its use of Marketplace, Services, and any Template in its sole discretion at any time and with or without notice to Wix Member. Any such termination may result in the inability to utilize certain features of the Templates offered through the Marketplace. Further, Wix shall have no liability arising from or in connection with such termination.

4. Template Offering Services

General

4.1

Overview Wix can offer Licenses of Marketplace Templates to Wix Members and Wix Partners can offer External Templates of Wix Studio websites created by Wix Partner for sale to Wix Members, through external platforms. Unless agreed otherwise in writing, Wix, either directly or through its third party partners or service providers shall process all Billing Actions related to Marketplace Templates on behalf of the Wix Partners providing such Marketplace Templates, and Wix Partner appoints Wix to act on its behalf for these purposes. External Templates are offered on external platforms and Wix shall not be responsible for the purchase, returns and chargeback process related to the offered External Templates outside of Wix.

4.1.1

Accounts Your Wix Marketplace account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you agree to use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your username and password, and any device that you use to access the Service. You agree to notify us immediately of any breach in secrecy of your log-in information. If you have any reason to believe that your account information has been compromised or that your account has been accessed by a third party, you agree to immediately notify Wix. You will be solely responsible for the losses incurred by Wix and others due to any unauthorized use of your account.

4.1.2

Licensing Templates

4.2

General

The Wix Marketplace offers Wix Members the opportunity to license and access particular Templates for use with the website Services that Wix offers. Many of the Templates are created, developed, offered, provided, and licensed to Wix Members by the Wix Partners acting as third party developers or licensors.

From time to time, we may offer Wix Members sales, credit points, or other promotions that may be utilized in the Marketplace. Please note that in the event of any promotion, Wix may subsequently modify or discontinue any such promotions at any time. Additional terms applicable to such promotions shall be separately provided with each such promotion, and Wix may otherwise provide notice of any modification by direct communication with the Wix Members or through general announcements offered through the Marketplace.

4.2.1

License

Subject to Wix Members compliance with the Terms, Wix hereby grants to Wix Members through these Marketplace Terms a limited, non-exclusive, non-transferable, non-sublicensable and revocable License to access and use the Marketplace for the sole purpose of browsing, locating, or purchasing a single use license to Templates offered by its Wix Partners.

All rights not expressly granted by Wix are hereby reserved. Accordingly, Wix Members are hereby prohibited from using the Marketplace in any manner that is not expressly and unambiguously authorized by these Marketplace Terms. Wix shall own all right, title and interest in and to the Marketplace and Wix or its Wix Partner shall own all right, title, and interest in and to the Templates offered to Wix Members, including without limitation all applicable intellectual property rights in the Templates.

4.2.2

License Limitations. Except as expressly set forth herein, you may not modify, alter, reproduce, or distribute the Service, Website or Templates. You may not rent, lease, lend, sell, redistribute or sublicense the Service, Website or Templates. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Service, Website or Templates, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law), nor attempt to disable or circumvent any security or other technological measure designed to protect the Service, Website or Templates or any content available through the Service, Website or Templates. The License is for personal use only and for personal non-commercial uses only as defined herein. Further, you may never resell any file obtained while downloading a Template or any Marketplace Template purchased through the Marketplace.

4.2.3

Disclaimer. WIX IS NOT AFFILIATED WITH OR RESPONSIBLE FOR THE CONTENT, FUNCTIONALITY OR PERFORMANCE OF ANY TEMPLATES (MARKETPLACE TEMPLATES OR EXTERNAL TEMPLATES) OFFERED BY A WIX PARTNER AND WIX MEMBER’S USE OF ANY SUCH TEMPLATE IS AND REMAINS AT WIX MEMBER’S OWN RISK. ALL WIX PARTNERS ARE INDEPENDENT PARTIES FROM WIX. WIX HAS NO CONTROL OVER AND SHALL THEREFORE ASSUME NO RESPONSIBILITY FOR ANY TEMPLATE AND ITS CONTENT, FUNCTIONALITY, PRIVACY POLICY OR TERMS OF USE (AND THE PRESENCE, DISPLAY, TERMS, CONDITIONS, OR POLICIES OF SUCH PRIVACY POLICY OR TERMS OF USE), AND AVAILABLE OR RELATED PRODUCTS OR SERVICES. Wix Members hereby acknowledge and agree that Wix is not responsible and does and will not have any liability for any Template offered by a Wix Partner. In the event of any third party claim that a Wix Member’s possession or use of a Template or service provided by a Wix Member infringes on a third party’s intellectual property rights, the Wix Partner that designed the Template or provided the service at issue, not Wix, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.

4.2.4

Diligence. Wix Members shall review the particulars for each Template in order to determine the applicable entity that offers, provides, and licenses the Template. Wix is merely offering the opportunity for Wix Members to access, purchase licenses and use the Templates, and access to and use of the Marketplace shall not be construed as making Wix a publisher or provider of any Template that Wix does not expressly state that it offers and provides through the Marketplace. Wix Members shall note that Templates may collect or use certain data, including personally identifiable information and Wix Members shall review any respective privacy policies offered by each Wix Partner.

4.2.5

Payment of Template License Fees

4.3

Marketplace Template Licenses may be provided for with or without a fee as determined by Wix Partner. In addition, both Wix and Wix Partners may impose, in its and their sole discretion, additional conditions or limitations on your access and use of certain Marketplace Templates. Such additional conditions or limitations shall be identified or provided by notice in connection with each applicable Marketplace Template. In the event use of a certain Marketplace Template requires a certain fee(s), applicable fees or conditions shall be further identified or provided by notice in connection with each applicable Marketplace Template. Wix Members shall note that purchasing a License to a Marketplace Template is generally final, and no returns, replacements or refunds will be permitted. Pricing and availability of any and all Marketplace Templates remains subject to change at any time in Wix or Wix Partner’s sole discretion and particularly for changes due to your designated country on your billing account. Wix Member is solely responsible for the payment of all fees and taxes (in each case, if any) for any License that Wix Member obtains from the Marketplace.

Wix Members acknowledge and agree that (i) Wix shall not be responsible for the support related to the purchase and use of a Template License and that such support shall be provided directly by the Wix Partner, and (ii) all disputes arising out of a License to a Template shall be resolved and handled directly between the relevant Wix Partner and the Wix Member.

Grant of Single Use License on Templates

4.4

License. For External Templates Wix Partner grants, and upon purchase and payment of the relevant fees, for Marketplace Templates, Wix is authorized by the Wix Partner to provide a single use limited, non exclusive, perpetual, non transferrable, non-sublicensable license to use the Template and Template Content on only one (1) of Wix Member’s Wix Websites under Wix Member’s User’s Account from which the Template has been purchased and only for use in the personal customization of a the Wix Member website and such License cannot be transferred to another Wix’s Member’s website once used once. “Template Content” shall mean the files or file made available by a Wix Partner in a Template and the various elements of this Template file.

4.4.1

Template Content. The Template Content is the original work of the Wix Partner and/or the Wix Partner has all rights necessary to license the Template Content to Wix and Wix Member as indicated in this Section. Wix Partner retains and reserves all other rights to the Template Content under copyright, trademark or other intellectual or commercial laws and the Wix Member acknowledges that Wix Partner is the owner of the Template Content.

4.4.2

Wix Partner Representation and Warranty. Wix Partner warrants and represents to the Wix Member that Wix Partner is the true owner of the Template Content and that there will be no interference by any third party making any other claim of ownership or control of the Template Content and that no other person or company has any right to control the Template Content. Wix Member understands and agrees that Wix shall not be liable for the representations or warranties provided by a Wix Partner with regards to a specific Template Content.

4.4.3

5. Third-Party Disputes

Wix Members and Wix Partners must resolve any issues, disputes or concerns directly with each other. Any commercial interaction with any party or person other than Wix or purchase of Services from such party is done at your own risk. If you have a dispute with a Wix Partner including, without limitation, regarding their support, services, performance, and/or conduct you will need to handle it through the means they provide. Wix will not mediate any Wix Partner -to-Wix Members disputes.

6. Warranty Disclaimer & Limitation of Liability

The following disclaimers and limitations of liability are supplemental to the disclaimers and limitations of liability under the Wix Terms:
A. YOU AGREE THAT YOUR USE OF THE WIX MARKETPLACE, EITHER AS A WIX PARTNER OR AS A WIX MEMBER, SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WIX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY: "WIX REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AND ASSUME NO RESPONSIBILITY IN CONNECTION WITH (A) THE CUSTOM SERVICES, SERVICES OR TEMPLATES OFFERED BY THE WIX PARTNERS ON THE WIX MARKETPLACE AND THE USE THEREOF BY ANY USER; (B) THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE; (C) ANY WIX PARTNER’S REGISTRATION, OR PROFESSIONAL ACCREDITATION; (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WIX MARKETPLACE; (E) THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE CUSTOM SERVICES, SERVICES TEMPLATES OR ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE WIX MARKETPLACE; AND (F) THE SUITABILITY, LEGALITY OR ABILITY OF ANY WIX PARTNER TO PROVIDE SERVICES.
NEITHER WIX NOR WIX REPRESENTATIVES ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE WIX MARKETPLACE (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY WIX MEMBER OR WIX PARTNER).
B. IN ADDITION TO THE LIMITATIONS OF LIABILITY AS STIPULATED IN THE WIX TERMS, IN NO EVENT SHALL WIX OR ANY WIX REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT; (III) YOUR RELIANCE ON USER CONTENT, INCLUDING THE TEMPLATES; (IV) ANY COMMUNICATION BETWEEN ANY WIX MEMBER AND ANY WIX PARTNER LISTED ON THE WIX MARKETPLACE AND (V) ANY OTHER MATTER RELATING TO THE SERVICE. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN LIABILITIES. ACCORDINGLY, CERTAIN LIMITATIONS DESCRIBED HEREIN MAY NOT APPLY TO YOU.
YOU EXPRESSLY WAIVE AND RELEASE WIX AND WIX REPRESENTATIVES FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE SERVICES. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS YOU RELEASE WIX AND WIX REPRESENTATIVES FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, USERS SHOULD USE THEIR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOUR USE OF THE WIX MARKETPLACE AND THE SERVICES IS AT YOUR OWN RISK. THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. Users should use their best judgment when purchasing or providing a Service.
NOTHING IN WIX MARKETPLACE TERMS AND CONDITIONS OR THE WIX MARKETPLACE CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND.

TO THE FULLEST EXTENT POSSIBLE BY LAW, WIX’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF WIX MARKETPLACE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE GREATER OF (A), IF YOU ARE A WIX MEMBER, THE FEES YOU HAVE PAID TO WIX FOR THE LICENSE TO A TEMPLATE OR, (B) IF YOU ARE A WIX PARTNER, THE FEES PAID BY WIX TO YOU IN THE LAST 3 (THREE) MONTHS, AND (C) $100.

7. Indemnification

As a Wix User, in addition to your obligation of indemnification under the Wix Terms, you agree to defend, indemnify and hold harmless Wix, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from the following, as applicable:
For each Wix Partner and Wix Member (1) your violation of any third party right, including any copyright, property, or privacy right, resulting from your Portfolio or User Content, or your usage of the Services or the Templates; and/or (2) your use of the Wix Marketplace and/or the Services including in connection with any transactions and interactions resulting from the usages thereof; (3) any allegation of your breach of any term of this Marketplace Terms of Use (including any documents it incorporates by reference) or any term of an agreement entered into between Wix Partner and the Wix Member governing Wix Member’s use a Template; and
Further, for Wix Partners only (1) Wix Partner’s gross negligence or willful misconduct; and (2) relating to the use of or inability to use of the Template and/or performance, non-performance or improper performance of the Template, including any product liability claims.

Wix will notify Wix Partner and/or Wix Member promptly in writing of the claim and, at Wix Member or Wix Partner’s reasonable request, provide reasonable assistance in defending the claim.

8. Termination

Term and Termination

8.1

As a Wix Partner or Wix Member, your participation in the Marketplace shall commence upon your acceptance of the Wix Marketplace Terms and shall end upon providing of a termination notice by either Party in accordance with the provisions of this Section 8 (the “Term”). Wix may terminate at any time, with or without cause, by giving you a written termination notice. You may terminate this Agreement at any time, with or without cause, by providing Wix with a prior written notice of termination.

Effect of Termination

8.2

Upon any termination of these Marketplace Terms, you must immediately cease all use of the Services and Marketplace. If you are a Wix Partner, termination will result in the deactivation of your account from the Marketplace. Wix Members will no longer be able to purchase Marketplate Template Licenses from terminated Wix Partners, but previously purchased licenses to such Marketplace Templates will survive termination. Upon termination, Wix shall pay Wix Partner any and all Revenue Share that is payable to Wix Partner on the date of such termination of agreement.

Termination for Breach

8.3

In the event of a breach of any of the terms of this Agreement or any of the Wix Terms by a Wix Partner, Wix shall be entitled, as part of its remedies for such breach, to forfeit any unpaid Revenue Share amounts, which accrued prior to such termination.

Survival Clause

8.4

Sections 6, 7, and 8 will survive any termination or expiration of this Agreement. In addition, any provisions of this Agreement that by their nature are intended to survive, will survive termination.

9. Feedback

Wix enables both Wix Partners and Wix Members to provide feedback regarding the Wix Marketplace, the Templates and Services rendered (“Feedback”). Such Feedback may be viewed by other Wix Users. Wix has sole and complete discretion to remove any Feedback, including Feedback which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, or which otherwise violates the rights of Wix or any third party (including any intellectual property rights, privacy rights, contractual or fiduciary rights), or otherwise shows any person, entity or brand in a bad or disparaging light, without their prior explicit approval.

10. Customer Service Contact

To get in touch with us, please contact our Customer Care team.

11. Changes

Wix may change, suspend or terminate any feature of the Wix Marketplace, and/or change any provision of these Wix Marketplace Terms, at any time and in any manner, with or without notice.