Non-Circumvention Clause

Effective Date: February 12, 2026

Strict Prohibition

Vendors are expressly prohibited from circumventing the Buy BLK platform to avoid transaction fees, commission, or other platform obligations. Violations will result in severe financial penalties and immediate account termination.

Purpose

Buy BLK invests significant resources in customer acquisition, platform maintenance, payment processing, dispute resolution, and vendor support. Platform fees sustain these services and ensure a safe, reliable marketplace. Circumvention undermines the ecosystem and harms all community members.

Prohibited Circumvention Activities

The following actions constitute circumvention and are strictly forbidden:

1. Off-Platform Transactions

  • Soliciting customers to place orders outside the Buy BLK platform
  • Providing personal phone numbers, email, or external websites to customers with the intent to redirect orders
  • Encouraging customers to contact you directly instead of using platform messaging
  • Requesting payment through Venmo, CashApp, Zelle, PayPal, or other methods outside the platform for orders initiated on Buy BLK
  • Creating parallel ordering systems or "private menus" for repeat customers
  • Offering discounts or incentives for ordering off-platform

2. Fee Evasion Schemes

  • Underreporting sales or revenue
  • Splitting orders to manipulate fee structures
  • Processing refunds on-platform while accepting payment off-platform
  • Using platform resources (marketing, traffic) while completing transactions externally
  • Marking items as "free" or $0 and collecting payment separately

3. Customer Diversion

  • Including business cards, flyers, or promotional materials in deliveries that redirect customers off-platform
  • Verbal solicitation during delivery or pickup to bypass the platform
  • Social media messaging or advertising that encourages direct ordering outside Buy BLK
  • Building customer databases from platform orders for external marketing without permission

4. Account Manipulation

  • Creating multiple vendor accounts to avoid fee tiers or restrictions
  • Using family/friend accounts to process transactions and avoid platform obligations
  • Misrepresenting business structure to qualify for lower fees

Permitted Activities

Vendors may:

  • Operate a physical storefront or independent website alongside Buy BLK
  • Accept walk-in customers at your business location
  • Maintain separate marketing channels (social media, website) for your overall business
  • Include general business information (hours, location) in deliveries without soliciting off-platform orders
  • Encourage customers to follow your social media for updates (not for ordering)

Key Distinction: If a customer relationship was initiated through Buy BLK, all subsequent transactions from that customer must continue through Buy BLK for a minimum of 12 months.

Detection & Monitoring

Buy BLK employs multiple detection methods:

  • Automated systems monitoring communication patterns
  • Customer reports and feedback
  • Mystery shopper programs
  • Sales pattern analysis and anomaly detection
  • Cross-referencing with external payment processors
  • Review of vendor marketing materials and social media

Financial Penalties

Penalty Structure

Circumvention violations incur the following cumulative penalties:

Base Penalty: $500 per violation

Immediate fine for each confirmed circumvention attempt

Transaction Recovery: 3x Platform Fees

If off-platform transaction value can be determined, vendor owes triple the standard platform fee on that amount

Example: $100 order × 15% standard fee = $15. Penalty = $15 × 3 = $45

Estimated Revenue Penalty

If specific transactions cannot be identified, Buy BLK will estimate diverted revenue based on:

  • • Vendor's average order value
  • • Duration of circumvention activity
  • • Customer reports and evidence
  • • Industry standards and comparable vendors

Vendor will owe 3x platform fees on estimated diverted revenue

Administrative & Legal Fees: $1,000 - $5,000

Costs associated with investigation, enforcement, and collections

Repeat Violations

  • First Violation: Base penalties + transaction recovery + final warning
  • Second Violation: Double all financial penalties + 30-day suspension
  • Third Violation: Triple all financial penalties + permanent account termination

Enforcement Actions

Immediate Account Freeze

Upon detection, vendor account is immediately frozen, and all pending payouts are held

Payout Withholding

All penalties are deducted from held funds. If insufficient, future revenue is withheld until debt is satisfied

Permanent Removal

Vendor account is permanently deleted, and vendor is banned from re-registering

Legal Action & Collections

Buy BLK reserves the right to pursue legal action for breach of contract, fraud, and damages. Unpaid penalties are referred to collections agencies, negatively impacting vendor's credit rating

Payment of Penalties

Penalties must be paid within 14 days of notification. Payment options:

  • Automatic deduction from held payout balance
  • Wire transfer or ACH payment
  • Credit card (additional 3% processing fee applies)

Non-Payment Consequences: Failure to pay penalties within 14 days results in:

  • Additional 10% late fee
  • Referral to collections agency
  • Negative credit reporting
  • Legal action for debt recovery and damages

Reporting Circumvention

If you witness circumvention by another vendor:

  • Report to: compliance@buyblack.org
  • Include vendor name, evidence (screenshots, receipts), and detailed description
  • Reports are confidential and anonymous if requested
  • Buy BLK investigates all credible reports within 5 business days

Why This Matters

Platform fees support:

  • Customer Acquisition: Marketing and advertising bring customers to your business
  • Technology Infrastructure: Website, mobile app, payment processing, order management
  • Trust & Safety: Fraud prevention, dispute resolution, background checks
  • Customer Support: 24/7 support for customers and vendors
  • Community Growth: Events, resources, and programs supporting Black-owned businesses

When vendors circumvent the platform, they:

  • Steal from the community by using shared resources without contributing
  • Undermine trust in the marketplace
  • Force platform fees higher for compliant vendors
  • Risk losing Buy BLK as a sustainable marketplace

Commitment to Fairness

Buy BLK is committed to fair, transparent fees that sustain our community marketplace. We invest platform revenue back into services that help all vendors succeed. By complying with this Non-Circumvention Clause, you're supporting the entire Buy BLK ecosystem and ensuring its long-term viability.

Questions? Contact: compliance@buyblack.org | 888-784-9255