eBay Marketing Terms Update December 2024: More Wiggle Room, Less Transparency For Future Ad Rate & Attribution Changes
eBay releases Marketing Terms update with changes to Promoted Listings ad attribution in 2025 and more built in wiggle room to raise ad fee rates with no notice to sellers in the future.
Sellers received an email notice from eBay today with a summary of changes going into effect January 15, 2025.
We strive to make our policies clear and our services easy to use. As part of that commitment, we're updating our Marketing Program Terms.
We've clarified details around our ad products and moved information regarding the way attribution works directly into the product interface. You can find that information on our newly-created page that's dedicated to explaining attribution across our products.
No action is needed on your part, and you can find the current and updated terms on our Marketing Program Terms page. The updated terms will take effect on January 15, 2025.
We value your participation in eBay Advertising and are committed to helping you get the most out of your experience.
First, eBay has broken out explanations of how ad fee attribution works for Promoted Listings General cost per sale, Promoted Listings Priority cost per click, Promoted Store cost per click, and Offsite cost per click ads into a stand alone policy page for clarity and easy reference.
While I don't see any significant changes to these definitions at this time, the last line advising that attribution is subject to change and it is sellers' responsibility to check back regularly for updates is concerning - for reasons that will become apparent.
Now, on to the actual Marketing Terms updates and what they mean for sellers.
Disclaimer: comparisons are made using both automated and manual methods and are provided for informational purposes only - no warranty of completeness or accuracy is expressed or implied and users are advised to do their own due diligence.
eBay has provided both the current and updated terms on the same page for sellers to review.
However, since the two versions are stacked on top of each other without differences highlighted, it's pretty much impossible for sellers to get an idea of what has actually changed at a quick glance - but don't worry, Value Added Resource has you covered!
Authorized Sellers
Language added to show the Marketing Terms apply both directly to "your products" as a seller and also to products sold by your authorized resellers.
These Marketing Program Terms (the "Marketing Program Terms") describe the terms pursuant to which eBay offers you access to our marketing services, which help you promote your products on and off eBay, and all related services, applications and tools (collectively, the "Marketing Services").
New Version:
These Marketing Program Terms (the "Marketing Program Terms") describe the terms pursuant to which eBay offers you access to our marketing services, which help you promote your products (or those of your authorized sellers) on and off eBay, and all related services, applications and tools (collectively, the "Marketing Services").
That's likely meant to include the ability for large brands to pay for advertising that may lead to authorized resellers of their products, even if the brand themselves doesn't sell directly on eBay - which could fit in other initiatives eBay has planned around creating long-term partnerships with Fast-Moving Consumer Goods brands.
Liz Morton
Expanding Actions Which Count For Ad Fee Attribution
In March 2023, eBay rolled out major changes to ad attribution which introduced the concept of Halo attribution and also expanded actions that would count as "clicks" to include when a buyer adds an item to their watch list.
Now, eBay is taking it even further to include add to cart, quick view, or other interactive functionality.
Old Version:
You expressly agree that your listings will be promoted via Ads. Ads may include text, graphics, a listing title, a listing description or other features and functionality eBay may make available, associate with or incorporate into your listing (e.g., “add to watchlist” icons).
New Version:
You expressly agree that your listings will be promoted via Ads. Ads may include text, graphics, a listing title, a listing description or other features and functionality eBay may make available, associate with or incorporate into your listing (e.g., add to watchlist, add to cart, quick view, or other interactive functionality).
eBay has tested various ways to integrate Quick Search and add to cart buttons into the search page experience over the last year - all of which have been met with negative reactions from sellers who are concerned that allowing buyers to head straight to checkout without clicking through to the full item page will increase returns and not as described claims.
And in what I'm sure is not at all coincidental timing, sellers report recently seeing a new test which adds an autoplaying video thumbnail to some ads in search - along with an Add To Cart button that will conveniently count as an attributed ad click resulting in fees starting January 15.
Liz Morton
Wiggle Room For Updating Ad Rates "From Time To Time"
Here's where the rubber meets the road in this update - eBay has granted themselves far more latitude to make changes to ad rates with no notice to sellers in the future, once again putting the responsibility solely on sellers to keep up to date rather than expecting eBay to provide advanced notice of updates.
Old version:
You agree to pay the applicable fees for your participation in the Marketing Services based on your account settings, as described herein and via the Marketing Services (the "Marketing Fees").
New version (highlighted parts added and effective starting January 15, 2025):
You agree to pay the applicable fees for your participation in the Marketing Services based on your account settings, as described herein and via the Marketing Services (the "Marketing Fees").
Marketing Services may contain certain default settings, pricing and targeting methodologies, and other advanced features, which may be updated from time to time.
Detailed information about Marketing Fee methodologies and other program features are available via the Marketing Services.
You agree to review that information and stay informed about the Marketing Services you use, including related product details also available via the Marketing Services, to ensure that your participation and settings remain consistent with your objectives.
Yes, that's right: eBay now says they can update default settings, pricing and targeting methodology, and other features "from time to time" but they are under no obligation to proactively announce or call attention to those changes.
In the future, sellers will only find details about those updates within the ad campaign flows and dashboard ("via the Marketing Services") and all responsibility for staying informed about changes is foisted off to the seller.
Important note: ad campaign creation and management tools or dashboards ("the Marketing Services") are only visible when logged into a selling account which has access to those tools - which means putting updates in those locations rather than publicly viewable policy or terms and conditions pages significantly curtails outside scrutiny from legal or regulatory interests who might have reason to investigate eBay's ad practices.
This is absolutely an attempt by eBay to cover their tracks after jacking up Promoted Listings ad rates with no notice to sellers in the weeks leading up to the busiest holiday shopping time of the year - and I hate to break it to them, while it may cover them starting January 15, it won't protect them from complaints of bad business practices and junk fees from before that date.
First, sellers noticed in early November that the Promoted Listings Dynamic ad rate minimum had been raised from 2% to 5% with no notice to sellers.
Liz Morton
That lack of communication was in stark contrast to when eBay sent proactive emails and a ~30 day heads up in 2022 when they increased the minimum cost per sale rate from 1%-2%.
Then, even more alarmingly, eBay also instituted a massive 10X minimum bid increase on Promoted Listings Priority cost per click ads, going from $0.02 to $0.20 per click - again with no notice to sellers.
Liz Morton
When eBay was publicly called out for trying to squeeze more ad fees out of sellers in a sneaky attempt to meet their Q4 revenue goals, they thought they could get away with a stealth policy page update to remove any mention of the minimum rate without anyone noticing - but they were wrong.
At the time, I recommended every seller impacted by these changes should file a report with the FTC Bureau of Consumer Protection for bad business practices and junk fees - and I would still recommend doing so for any fees you have or will incur at higher rates until the new terms go into effect on January 15.
Unfortunately, after January 15th eBay has effectively covered their ass(ets) - this new version of the Marketing Terms makes it clear that should eBay decide to continue this unethical pattern of slipping in ad rate minimum increases or other changes with no notice, it is completely on the seller to notice those changes within the ad campaign creation and management tools and make decisions about their use of ad products accordingly.
Wiggle Room For Updating Attribution "From Time To Time"
eBay has also similarly given themselves wiggle room on the definitions of attribution - which is why I started out by saying while that stand alone page doesn't appear to show any changes now, the last line on that page was still concerning.
Cost Per Click
Old Version:
If you participate in the Marketing Services on a cost-per-click basis, you agree to pay an amount up to and including the ad rate reflected in your account settings (or as determined by your participation in automated bidding features or other optimization programs, in which ad rates may be applied dynamically on your behalf) for each click on your Ad.
If you participate in a cost-per-click Marketing Service that does not offer ad rate features, you agree to pay for each click on your Ad as described via that Marketing Service.
New Version:
If you participate in the Marketing Services on a cost-per-click basis, you agree to pay for each click on your Ad as described via the Marketing Services, which may be based on the ad rate (if ad rate features are made available) and/or budget reflected in your account settings, or as determined by your participation in automated bidding features or other optimization programs, in which ad rates may be applied dynamically on your behalf. For the avoidance of doubt, a click includes (without limitation) any interaction with your Ad (e.g., add to watchlist, add to cart, quick view, or other interactive functionality).
Cost Per Sale
Old Version:
If you participate in the Marketing Services on a cost-per-sale basis, you agree to pay an ad rate based on the total amount of the sale for each Attributed Sale (as defined below).
The total amount of the sale is the same value we use to calculate final value fees (described in the applicable eBay policies), and includes the item price, any handling charges, shipping costs, sales tax, and any other applicable fees. An "Attributed Sale" means an end user or device associated with an end user (an "End User") has (A) clicked on one of your Cost per Sale Ads and (B) purchased any of your promoted Cost per Sale items within thirty calendar days of that click (the "Attribution Window").
In the case of multi-quantity listings, if multiple items are purchased from the same listing within the Attribution Window, each item purchased will count as a separate Attributed Sale and incur its own fee.
eBay systems will determine whether or not a sale of an item featured in a listing constitutes an Attributed Sale. You may end a campaign at any time, but you will still be responsible for Marketing Fees for Attributed Sales if the End User clicks on your Ad prior to you ending your campaign and purchases the item featured in that Ad within the Attribution Window, even if the purchase occurs after the campaign ends.
New Version:
If you participate in the Marketing Services on a cost-per-sale basis, you agree to pay an ad rate based on the total amount of the sale for each sale that meets the attribution criteria described via the Marketing Services (such description as may be updated from time to time, the “Attribution Criteria”; such sale, an “Attributed Sale”).
The total amount of the sale is the same value we use to calculate final value fees (described in the applicable eBay policies ), and includes the item price, any handling charges, shipping costs, sales tax, and any other applicable fees. In the case of multi-quantity listings, if multiple items are purchased from the same listing that meet the Attribution Criteria, each item purchased will count as a separate Attributed Sale and incur its own fee.
eBay systems will determine whether or not a sale of an item featured in a listing constitutes an Attributed Sale. You may end a campaign at any time, but you will still be responsible for Marketing Fees incurred (e.g., for clicks, Attributed Sales, etc.) prior to your ending the applicable campaign.
Again, the key takeaway here is that going forward, changes will only be communicated "via the Marketing Services" rather than spelled out explicitly in public policy pages or terms and conditions and that changes may happen "from time to time" which means eBay is not obligated to set specific timeframes or even provide advance notice.
Bottom line: this Marketing Terms update is designed to give eBay as much leeway as possible to increase ad rates and change attribution criteria at any time in the future with no public notice given - and if sellers object to that, the only way to opt out is to refuse to participate in the pay to play game.
UPDATE: eBay has also updated Marketing Terms for the UK site and comparing the new terms to the US site reveals only minor expected cultural and linguistic differences like date formats, spellings, add to cart vs add to basket etc.
Other than that, the only major difference I saw was the URL for the UK T&C pages contains the term "B2C", which most likely indicates the terms only apply to business sellers, not private.
The main points above about allowing eBay greater latitude to make changes to attribution definitions, minimum ad rates and other settings/features that are part of the Marketing Services will apply in the UK as well.
What do you think of eBay's December 2024 Marketing Terms updates? Let us know in the comments below!
