eBay sent an email to sellers on Friday announcing an update to its marketing program terms of use that will go into effect on June 1st. Sellers peppered the eBay discussion boards with questions about what it meant, with some concerned about a section that says sellers must give eBay permission to "manage your campaigns and take such actions on your behalf without your prior consent."
When a seller asked eBay for Business for clarification on Facebook after having watched a video from The Auction Professor about the updated terms, an eBay moderator responded, confirming that eBay "needs the ability to alter a listing in a timely manner":
"Thanks so much for reaching out, and we totally understand your concern here. The legal terminology can get complicated as things intersect with each other, and they exist for our legal protection.
"When it comes to things that are posted on our site, we have to retain the agility to operate in the moment, as things move fast in this environment. Since this is the case, we need the ability to alter a listing in a timely manner, and by engaging in promoted listings, you're granting us that permission to do so.
"The statement protects us from liability from those actions. Since other actions could be taken against an account that have nothing to do with the changes made, we have to include these types of statements that protect us from liability from those actions.
"I hope this makes sense, and if more questions persist, send us a PM. We'll be happy to get into further clarification of specifics. ~David"
The April 29, 2022 email notification began with the following: "We wanted to let you know that we're updating our eBay Marketing Program Terms. Our updated Marketing Program Terms will take effect on Jun 1, 2022 and will include changes related to account security, confidentiality, and amendments, among others."
We compared the new page with the most recently available terms (through the Wayback Machine). Among the changes we'd point out are the following new paragraphs:
"We may make available certain features or services through which we may help you optimize your participation in the Marketing Services, for example, by creating or modifying campaigns, setting or modifying ad rates and/or budgets, and adding or removing keywords or other targeting parameters. If you elect to use those features or services (by informing us in writing or opting in via the Marketing Services), you agree that we may manage your campaigns and take such actions on your behalf without your prior consent, as may be further described by us in writing or in the Marketing Services.
"You must ensure that your account credentials are kept secure at all times and not provide access to anyone not authorized by you to take action on your behalf. You are solely responsible for all activities associated with your Marketing Services account, including all changes made to your campaigns, regardless of whether such activities are authorized or undertaken by you, unless we determine in our sole discretion that certain activity on your account is the result of a security breach of our systems to which you have not contributed."
eBay had already included in its terms that sellers should understand that "In certain cases, third parties (e.g., brands) may also participate in eBay advertising programs which promote the same eBay listing as your Ad," but it added the following verbiage: "...(you) understand that those third parties may receive advertising performance information related to their promotion of your listings."
That was one of the issues the Auction Professor described as an area of concern in his video, which you can view below.
We suggest sellers compare the two versions and give eBay some time to respond to the many questions and concerns sellers have raised since the new terms take effect on June 1st. Let us know what you think - are you concerned about eBay's control over your listing ads, and have you been able to get answers to your questions?
Sellers Must Give eBay the Right to Alter Listing Ads
by: GetAGrip
Mon May 2 16:30:52 2022
Promoted Listings are for those who are desperate for sales and then whine that they don't make any money after they pay all those fees. To funny. Promoted Listings only make money for sleaze bay
Sellers Must Give eBay the Right to Alter Listing Ads
by: COVID-19
Mon May 2 17:28:38 2022
Sounds fun and exciting! Enjoy!
Or leave. Your choice, eBay fans.
Sellers Must Give eBay the Right to Alter Listing Ads
by: lessthanthreerecords
Mon May 2 18:40:34 2022
"Since this is the case, we need the ability to alter a listing in a timely manner, and by engaging in promoted listings, you're granting us that permission to do so."
I have NEVER used promoted listings, yet eBay has still altered my listings without consent.
Sellers Must Give eBay the Right to Alter Listing Ads
by: Shanna
Mon May 2 20:30:51 2022
So eBay could edit your listing, cut your price in half, you know, to make the sale, and you would have zero recourse to recoup your losses. Got it.
Sellers Must Give eBay the Right to Alter Listing Ads
by: Ubiquitous Salmon
Tue May 3 08:47:06 2022
Although off topic, IMO, updates to any company's terms of use should be required to be published in the same format as that used in legislative bill drafting. Text being deleted should be marked with a strikethrough, and new text should be underlined.
It's all but impossible for users to compare previous versions of a document like the terms of service without having both the previous version and the present version side by side.
Companies like eBay no doubt rely on the assumption that most customers either can't do that or won't bother to do it. It's so much easier to slip things into the terms of service knowing customers may not even read the new document.
Sellers Must Give eBay the Right to Alter Listing Ads
by: ebayout
Tue May 3 09:59:17 2022
I've always assumed that having the lowest vis-a-vis the same product and quality was the best way to promote, given that most buyers sort by price. Best of all...it's free.
Sellers Must Give eBay the Right to Alter Listing Ads
by: iheartjacksparrow
Tue May 3 12:05:54 2022
"[W]e have to retain the agility to operate in the moment, as things move fast in this environment."
If I was still working in an office, I swear I would use this line on my boss.
If eBay is giving themselves permission to alter a seller's listing, does that mean they can change an item's price, change to free shipping, or how it is shipped (priority over first class)?
Sellers Must Give eBay the Right to Alter Listing Ads
by: pace306
Tue May 3 14:16:43 2022
Anyone who agrees to let eBay change your listings has severe issues- I’d suggest professional psychological help
“ (you) understand that those third parties may receive advertising performance information related to their promotion of your listings." - WHAT? Why would they need to share your information????
Sellers Must Give eBay the Right to Alter Listing Ads
by: Smallseller
Wed May 4 00:04:36 2022
The comments that are referenced on the ebay Facebook page seem to have been removed...
Sellers Must Give eBay the Right to Alter Listing Ads
by: toolguy
Wed May 4 10:24:16 2022
eBay no longer controls my life.
I'm on Uncle Sam's dime now
Sellers Must Give eBay the Right to Alter Listing Ads
by: Rexford
Wed May 4 12:11:03 2022
"The legal terminology can get complicated"
Yes, that is because eBay's crack team of legal wizards like it this way. If it is that complicated eBay why not put it in terms that sellers can understand. I am surprised that they did not throw in "Just trust us".
I don't use promoted listings and I never will. This could be a first step in rolling this out to folks who don't use promoted listings. I will cross that eBay exit bridge when they get to it.
Sellers Must Give eBay the Right to Alter Listing Ads
by: Smallseller
Wed May 4 12:32:50 2022
There has now been a further update on the community boards.
Hi everyone! I received this from the Promoted Listings team to share with you all:
We understand there has been a lot of discussion surrounding the recently announced updates to our Marketing Program Terms. We appreciate the feedback and want to take this time to clarify. Some sellers have expressed concerns about provisions relating to a Promoted Listings account optimization program we introduced last year. Specifically, those terms are intended to help us manage sellers’ Promoted Listings accounts, but only when a seller has asked us to do so. Currently, we only offer the service through our account managers, and no seller has been or will ever be opted in by default.
Sellers Must Give eBay the Right to Alter Listing Ads
by: Mazdaman
Wed May 4 23:50:25 2022
Just another reason not to use Promoted Listings, adding one more to the "Cons" column.
Ebay's "clarification' just added "mud" to the issue; "can they edit your prices to the point where you don't make a profit?" was asked by another commenter, and that's a good point. Exactly WHAT can eBay edit in someone's Promoted Listing.
But the point is moot for us since we'll never use Promoted Listings, as eBay takes enough from us as it is, while we watch their buyers leave (another 5 million ACTIVE BUYERS said bye-bye to eBay) and sales decline through THEIR venue. Fortunately we expanded our venues and maintained our own site, as I shudder to think what the next 1-2 years will be like given the eBay board's reluctance to hold a CEO's feet to the fire unless they commission a "hit job" on someone who is telling the truth (THANK YOU, Ina and David!).
Sellers Must Give eBay the Right to Alter Listing Ads
by: Sierra
Thu May 5 01:34:37 2022
eBay's promoted listings work for me. My bid is usually about 3.5%.
Wish I knew for sure what the June BS is about. Velvet's comment didn't help a lot. LOL!
Sellers Must Give eBay the Right to Alter Listing Ads
by: Chicago48
Thu May 5 02:19:10 2022
IMO this applies only to STORE owners. If you don't want to be "altered", go the non-store owner way and don't use promote ads.
Sellers Must Give eBay the Right to Alter Listing Ads
by: Plain1
Thu May 5 02:55:19 2022
I have news for you, we have always worked for ebay, and even more so now with higher FVFs. On the subject of promoted ads, ebay should have the right to alter a listing, due to the fact that ebay in essence is paying for the ad or putting the ad in assorted places online, They are protecting themselves, that is all it is. Some sellers don't even promote their listings.
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Sellers Must Give eBay the Right to Alter Listing Ads
by: COVID-19 
by: iheartjacksparrow 
by: toolguy 
by: Rexford