eBay is cracking down on prohibited AI uses, nondisclosure agreements, and disclosure requirements for marketers and influencers in the latest update to the eBay Partner Network Affiliate Program Terms.
The email sent to users outlines the following changes:
We recently updated the eBay Partner Network Agreement (the “Network Agreement”) and affiliate disclosure requirements, effective January 26, 2026.
This update adds clarity to the following areas:
network contract
- Prohibited uses of AI: Outlines restrictions on the use of eBay data by AI, machine learning, underlying models, LLM, and generative AI, including requirements for prior written approval and strict data protection measures.
- Confidentiality: Updated definitions and mutual obligations related to EPN and partners’ confidential information, permitted uses, disclosure limitations, and duration of confidentiality obligations.
Affiliate disclosure
- Video and visual disclosure: Further defines requirements for affiliate disclosure within video content, including placement within the video, visibility without the need to click “see more,” and proximity to affiliate links.
- US Visual Disclosure Requirements: Increased expectations for clear and conspicuous disclosure within video content and accompanying descriptions.
As always, we encourage sellers to carefully read the updated terms in their entirety, but our value-added resource provides a side-by-side comparison highlighting some of the key changes.
Disclaimer: Comparisons are made using both automated and manual methods and are provided for informational purposes only. No warranties of completeness or accuracy are expressed or implied and users are advised to conduct their own due diligence.
Prohibited uses of AI
A new section has been added to the eBay Partner Network (EPN) Terms and Conditions that provides a clear path to prohibiting the use of AI.
Prohibited uses of AI
In any event, Partner (or Partner’s affiliates, subcontractors, or owned third parties) may use eBay for the purpose of training, pre-training, fine-tuning, adapting, benchmarking, testing, validating, or otherwise improving Supplier’s or third-party machine-based systems that are designed to operate with varying levels of autonomy and that may exhibit adaptability after deployment. It does not use the data and does not infer what to do from the input it receives for any express or implied purpose. Generate output such as predictions, content, recommendations, and decisions that can impact your physical or virtual environment.Supplier shall not input or publish eBay Data into any underlying model, LLM, or generative AI Service, except with eBay’s prior written approval, and only pursuant to a written agreement with an AI Provider that (i) prohibits training, storage (beyond temporary processing), and disclosure; (ii) requires environmental isolation of eBay Data and prevents learning/persistence of model weights; and (iii) requires immediate deletion after processing.
This follows yesterday’s general update to the eBay User Agreement, which also set out new explicit restrictions and prohibitions on the use of AI, making it clear that the company is very concerned about how AI agents and scrappers interact with the site.
eBay Explicitly Bans AI “Buy For Me” Agents, Updates Arbitration and Dispute Rules in Updated User Agreement
eBay bans AI “buy for me” agents and LLM scrapers and updates arbitration and dispute resolution rules in user agreement update effective February 20, 2026.
Confidentiality
eBay has also bidirectionally updated the Confidentiality section of the EPN Terms to specify what confidential information is subject to confidentiality agreements between companies and EPN account holders.
Old version:
Confidentiality: Information about EPN or advertisers that is provided or made accessible by EPN in connection with the Network or Programs that is not known to the general public or that should reasonably be considered confidential is EPN’s “Confidential Information” and remains the exclusive property of EPN.
You will use Confidential Information only to the extent reasonably necessary to perform under this Agreement and will ensure that all persons or entities that have access to Confidential Information in connection with your Account are aware of and comply with their obligations in this section.
New version:
Confidentiality: Information about EPN or advertisers that is provided or made accessible by EPN in connection with the Network or Programs that is not known to the general public or that should reasonably be considered confidential is EPN’s “Confidential Information” and remains the exclusive property of EPN.
Any information that you provide to EPN that is not generally known or that should reasonably be considered confidential is your “Confidential Information.”
both will use Confidential Information only to the extent reasonably necessary to perform under this Agreement and will ensure that all persons or entities that have access to Confidential Information in connection with your Account are aware of and comply with the obligations of this section.
Affiliate disclosure
eBay is providing affiliates with more specific guidance and requirements regarding advertising disclosures for video content.
For example, specify where disclosures must be placed and that disclosures must not be concealed or concealed.
Old version:
Disclosures in video ads must be embedded in the video and must be presented in text that is easily noticed, read, and understood, along with audio that is easily understood and understood by a “reasonable” consumer.
New version:
Disclosures in video ads must be embedded in the video and must be presented in text that is easily noticed, read, and understood, along with audio that is easily understood and understood by a “reasonable” consumer.
Affiliate disclosures should be placed at the beginning of the accompanying description or immediately adjacent to the affiliate link, and should be visible without the user having to click “more”. Disclosures should be visible before or at the time of approval and should not be obscured or concealed.
We have also added additional platforms to the list for which content creators must comply with the disclosure requirements of those platforms.
Old version:
Content creators/influencers must comply with the disclosure requirements set out below.
- Social media platforms like TikTok and Instagram
New version:
Content creators/influencers must comply with the disclosure requirements set out below.
- Social media platforms such as TikTok, Instagram, YouTube, Facebook, WhatsApp, Snapchat, and Pinterest.
One might wonder if eBay has recently started coming under pressure from regulatory warnings and to clean up its affiliate disclosure practices, which have blurred the lines for years.
Does eBay’s media and influencer strategy blur ethical and regulatory lines with paid promotion?
eBay relies on media and influencers to focus its vertical strategy, but are paid promotions blurring the lines between ethics and regulation?
The move toward greater clarity and transparency may also be driven by eBay’s recent announcement that it will expand its onsite Promoted Store pay-per-click advertising product to include “influencer-driven pages” that are part of the eBay Ambassador Affiliate Program.
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eBay’s advertising squeeze intensifies as Promoted Stores expand to influencer storefronts and eBay Live shopping
Additional ad revenue will come when eBay starts monetizing this item into the Beyond simply paying commissions to affiliates, the company could be exposed to regulatory and legal scrutiny of its advertising and affiliate practices.
